The Socio-Economic Rights and Accountability Project (SERAP), an organisation aiming to hold the government to account, has asked President Bola Tinubu to bar Nyesom Wike, the minister of the Federal Capital Territory (FCT), and all state governors from giving judges cars and houses......See Full Story>>.....See Full Story>>
On Sunday, SERAP stated that Wike and the governors might be overstepping the authority and responsibilities of the National Judicial Council (NJC) and heads of court through such gifts.
Should Tinubu fail to acknowledge its request within seven days, SERAP says it is ready to take legal action to compel the government and the attorneys general of the 36 states to yield to its requests.
SERAP argues that the gifts are not only antithetical to the constitutional principles of separation of powers, checks and balances and the rule of law, but they may also suggest that the judiciary is subservient to the executive.
“Judicial independence and autonomy means that judges must be appropriately remunerated commensurate with their special responsibilities, have adequate support staff and equipment, and adequate welfare and pension provisions,” SERAP wrote on its website on Sunday.
The statement reveals that SERAP wrote an open letter to Tinubu on Saturday and gave his government seven days to take the recommended measures.
It reads partly:Direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, as a defender of public interest, to challenge in court the constitutionality and legality of the practices by members of the executive of giving cars and houses to judges in Abuja and across the states.
Politicians ought to keep their hands off the judiciary and 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.
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 the 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 7 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 executives 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 and access to justice and effective remedies.
Promoting the effective implementation of constitutional provisions and international standards on the financial autonomy of the judiciary would contribute towards ensuring the balance of power between the executive and the judiciary, and judicial integrity and independence.
A recent report by Citizens’ Gavel, a judicial civil society organisation, showed that Wike might have recorded many court victories due to his gestures to judicial officials at the state and federal levels.
Gavel’s analysis considered 15 legal cases involving Wike. In the 15 cases considered, the analysis noted that Wike had only lost one, giving him a 93.3% win rate.