Socio-Economic Rights and Accountability Project, SERAP, has charged President Tinubu to direct Nigeria’s 36 governors and Federal Capital Territory Minister Nyesom Wike to “stop” them from “usurping the authority and responsibilities of the National Judicial Council and heads of courts through the giving of cars and houses to judges.”
These acts probably show that the judiciary is giving way to the executive branch of government, according to SERAP.
According to the Punch, the Deputy Director of SERAP, Kolawole Oluwadare, signed and issued the letter containing this statement on November 9, 2024.
The president should order Mr. Lateef Fagbemi, the Attorney-General of the Federation and Minister of Justice, “to challenge in court the constitutionality and legality of the practice of members of the executive giving cars and houses to judges in Abuja and across the states,” according to SERAP.
In light of his government’s constitutional obligation to “protect the rule of law,” the organization urged Tinubu to enhance the welfare and working circumstances of the country’s judiciary “through existing constitutional arrangements and mechanisms.”
SERAP’s stance comes after the Federal Executive Council authorized the construction of 40 housing units for judges and justices in the Federal Capital Territory (FCT) on September 24, 2024.
After the 18th Council meeting, which was presided over by the President, the FCT Minister revealed this to State House Correspondents at Aso Rock Villa in Abuja. According to Wike, the program was a component of the government’s Renewed Hope Housing plan, which aims to give court officers safe and practical housing.
The FCT High Court, the Federal High Court, and the Court of Appeal will each receive 20 of the 40 units that will be built in the Katampe District.
SERAP stated, “Such practices are antithetical to the constitutional principles of separation of powers, checks and balances, and the rule of law, and may create the perception that the judiciary is subservient to the executive.
“Politicians ought to keep their hands off the judiciary, respect and protect its integrity and independence. Politicians must treat judges with dignity and respect. The Nigerian Constitution and international standards make clear that the judiciary is neither subservient to the executive nor the legislature.”
The letter, which was copied to the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, noted, “Undermining the fundamental principle of separation of powers risks constraining the ability of the judiciary to act as a check on the executive.”
“SERAP urges you to substantially improve funding for the judiciary to enhance their working conditions, welfare, and pensions through existing constitutional arrangements and mechanisms, to uphold the independence and autonomy of the judiciary and to protect judges from executive interference.
“Your government has constitutional and international obligations to promote public confidence in the judiciary and safeguard the rule of law. We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government and the attorneys general of the 36 states to comply with our request in the public interest.
“The reports that members of the executive in the FCT and across several states are giving cars and houses to judges appear to take place without following any constitutional or procedural process, which may have a chilling effect on the rule of law, access to justice, and effective remedies.”
The organisation implored Tinubu to “ensure that the Federal Executive Council (FEC) under your leadership stops the practice of approving the construction of houses for judges, as the exercise of such responsibility is entirely inconsistent and incompatible with the provisions of the Nigerian Constitution and the country’s international obligations.”
“Several of Nigeria’s 36 state governors, including those of Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers, also reportedly routinely engage in the practices of giving cars and houses to judges in their states,” the letter read, among others.