Socio-Economic Rights and Accountability Project (SERAP) has urged Engr. Elias Mbam, Chairman, Revenue Mobilization Allocation and Fiscal Commission (RMAFC) to “urgently review upward the remuneration, allowances, and conditions of service for Nigerian judges, and to review downward the remuneration and allowances of high-ranking political office-holders in order to address the persistent poor treatment of judges, and to improve access of victims of corruption to justice.” SERAP also urged him “to send your review and recommendations to the National Assembly for appropriate remedial and legislative action, as provided for by the Nigerian Constitution 1999 [as amended].”
The letter followed the nationwide industrial action by the Judiciary Staff Union of Nigeria (JUSUN) to press home their demand for financial autonomy for the judicial arm of government, and the federal government’s silence on the judiciary workers’ strike that has grounded courts across the country.
In the letter dated 10 April 2021 and signed through SERAP deputy director Kolawole Oluwadare, the company said: “Judges must get all to which they may be reasonably entitled, and it's far unfair, illegal, unconstitutional, and discriminatory to hold to treat judges as ‘2nd-magnificence humans’ while high-ranking political workplace-holders revel in lavish salaries and allowances.”
SERAP expressed challenge that: “The remuneration and allowances of judges have fallen notably behind the average salaries and allowances of political workplace-holders inclusive of President, Vice-President, governors and their deputies, as well as members of the National Assembly.”
SERAP said: “Nigerian judges are among the least paid in the global. The terrible remedy of judges is neither fair to them nor to the Nigerian people. Judges deserve remuneration, allowances, and conditions of carrier commensurate with their judicial powers and obligations.”
According to SERAP, “While the remuneration and allowances of judges are grossly inadequate to permit them to keep themselves and their households in reasonable comfort, high-ranking political office-holders preserve to revel in lavish allowances, together with life pensions, and access to safety votes, which they have got powers to spend as they wish.”
The letter, read in component: “According to our information, the last overview of the remuneration, allowances, and conditions of carrier for political, public and judicial workplace holders completed with the aid of RMAFC in 2009 indicates huge disparity between the remuneration and allowances of judges and people of political workplace-holders.”
“Judges’ work may be very extensive however they cannot give their whole time to their judicial duties without the RMAFC reviewing upward their remuneration and allowances, and ultimate the distance and disparity between the salaries of judges and people of political office-holders together with the President, Vice-President, governors and their deputies, in addition to lawmakers.”
“Although one of the three coordinate branches of the authorities, the judiciary is handled with contempt, and taken into consideration so unimportant through the pollical elegance that authorities through the years have refused to pay them affordable remuneration and allowances.”
“We could therefore be grateful if the advocated measures are taken inside 14 days of the receipt and/or book of this letter. If we've now not heard from you via then, the Incorporated Trustees of SERAP shall take all appropriate felony actions to compel the RMAFC to conform with our requests.”
“Despite their crucial roles and duties, Nigerian judges are poorly treated while their remuneration, salaries, allowances, and situations of carrier are compared with political office-holders.”
“Judges should not ought to endure the most poignant financial worries. The boom within the fee of living and the injustice of insufficient salaries bears closely on judges, because it undermines their capability to efficiently carry out their judicial functions.”
“The roles and capabilities finished through judges throughout the united states are 2nd to none of their importance inclusive of in facilitating get entry to of victims of corruption and human rights violations to justice and powerful remedies.”
“Far-attaining questions of constitutional regulation rely upon them for solution. Judges also are required to decide problems, which profoundly have an effect on the rights and well-being of the humans.”
“The that means and impact of anti-corruption legislation and treaties such as the Independent Corrupt Practices and Other Related Offences Commission Act, the Economic and Financial Crimes Commission [EFCC] Act, the UN Convention in opposition to Corruption, and the African Union Convention on Preventing and Combating Corruption depend upon their gaining knowledge of, expertise and judgment.”
“The stability of the united states of america’s gadget of government, a government of legal guidelines in preference to of men, relying as it does to so terrific an volume upon the self assurance and respect of the humans for folks that, as judges, keep the scales of justice of their palms, depends upon the individual and the understanding of these men and women.”
“The RMAFC has the powers beneath paragraph n, Third Schedule, Part 1 of the Nigerian Constitution to determine the remuneration, salaries and allowances suitable for judges and political office holders, regular with sections eighty four and 124 of the Constitution.”
“SERAP notes that Nigerian authorities among May 1999 and March 2011 reviewed upward the salaries and allowances of political workplace holders at the least on 4 occasions. However, the salaries and allowances of judicial officials were best reviewed twice during the identical duration.”
“Nigerian government and the RMAFC have the obligation to provide good enough assets to allow the judiciary to well carry out its capabilities.”
“As a shield of judicial independence, the courts’ budget need to be organized in collaboration with the judiciary having regard to the wishes and requirements of judicial administration. Furthermore, the remuneration and pensions of judges should be secured with the aid of law at an adequate degree that is steady with their repute and is sufficient to protect against warfare of interest and corruption.”
“Nigerians might continue to be denied get right of entry to to justice, to a better judiciary and a higher management of justice until judges throughout the united states are paid what they deserve.”
“SERAP urges you and the RMAFC to split the assessment of remuneration and salaries for judges from that of political workplace-holders. This might make certain fairness, and that judges get hold of the justice they so carefully dispense to others.”
The letter is copied to Dr Ahmad Lawan, Senate President; Mr Femi Gbajabiamila, Speaker of House of Representatives; Mr Ekpo Nta, Chairman, National Salaries, Incomes and Wages Commission (NSIWC); and the National Judicial Council.
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