The Socio-Economic Rights and Accountability Project (SERAP) recently urged President Bola Tinubu to stop Federal Capital Territory (FCT) Minister Nyesom Wike and the governors of Nigeria’s 36 states from offering cars and houses to judges.
According to SERAP, this practice not only risks overstepping the boundaries set by the National Judicial Council (NJC) and court leaders but also threatens to undermine the judiciary’s independence and authority.
SERAP argued that providing material benefits to judges from the executive branch could compromise core democratic principles, such as the separation of powers, checks and balances, and the rule of law. The organization highlighted that such gestures from the executive might give the impression that the judiciary is beholden to the executive branch, which could erode public confidence in judicial impartiality and autonomy.
SERAP further urged President Tinubu to instruct Attorney General and Minister of Justice Lateef Fagbemi to legally challenge the practice of providing judges with vehicles and housing allowances from executive officials. SERAP described this interference as harmful to the judiciary’s independence, warning that it could lead to an erosion of the judiciary’s role as a safeguard against executive overreach.
In an open letter dated November 9, 2024, signed by SERAP’s Deputy Director Kolawole Oluwadare and copied to UN Special Rapporteur on the Independence of Judges and Lawyers, Ms. Margaret Satterthwaite, the organization emphasized the importance of maintaining judicial integrity and autonomy. SERAP called on politicians to respect judicial independence and ensure judges are treated with dignity, without interference in their work.
The Nigerian Constitution, along with international standards, clearly stipulates that the judiciary should remain independent from both the executive and legislative branches. SERAP emphasized that by undermining the judiciary, politicians risk weakening the separation of powers and compromising the judiciary’s ability to hold the executive accountable. Furthermore, SERAP recommended that President Tinubu significantly improve judicial funding through constitutional mechanisms to enhance judges’ welfare and working conditions. By doing so, SERAP argues, the government would be helping to insulate the judiciary from undue influence and affirm its independence.
SERAP reminded the government of its duty to foster public confidence in the judiciary by upholding the rule of law. The organization stated that should the government fail to take action within seven days of receiving the letter, SERAP would consider taking legal measures to ensure compliance.
The letter also expressed concern about reports of executive officials in the FCT and across various states granting cars and houses to judges without adhering to established constitutional or procedural protocols. SERAP warned that these actions could have a “chilling effect” on the rule of law and judicial accountability, potentially compromising access to justice and fair treatment.
According to SERAP, safeguarding the judiciary’s financial autonomy is crucial for maintaining a balance of power between the executive and judiciary. An independent judiciary serves as a key pillar of democracy, holding the executive accountable and upholding the rule of law. The letter cited various constitutional provisions, such as sections 81(3) and 121(3), which mandate that funds allocated to the judiciary be transferred directly to the judiciary’s leadership rather than through executive intermediaries. These provisions aim to protect judicial funding from political influence and ensure financial independence.
International standards, like the UN Basic Principles on the Independence of the Judiciary, were also referenced. These principles mandate that all government entities respect judicial independence and protect it from any form of undue influence. SERAP noted that judges should be provided with adequate resources, remuneration, and welfare benefits to perform their duties without interference.
In concluding its letter, SERAP reminded the President of the 2020 Executive Order No. 10, signed by former President Muhammadu Buhari, which mandates direct funding to the judiciary in each state, ensuring that state governors do not control these funds. SERAP stressed that continuing this practice is essential to maintain judicial integrity and the public’s trust in the judiciary as an impartial institution.
Through this letter, SERAP aims to bring about a systemic change that would reaffirm the judiciary’s role as a guardian of democracy, free from executive control or influence.
