By Lillian Okenwa
“I canvassed financial autonomy for the Judiciary and I won two cases on the point that the Judiciary is self-funding and not subject to executive control. If the NJC implemented these decisions the Supreme Court will not be in the sorry and unenviable state it has unfortunately declined to.” Agbakoba, SAN
- We are talking to the parties concerned – Olanipekun, SAN
- Public confidence must not be eroded because of internal wrangling – Izinyon, SAN
- If you treat Judges so shabbily, then we must be ready to go and invite our Lord and Savior, Jesus Christ, who is sinless, to come and sit over judgment in Nigeria – Ozekhome, SAN
- Lawyers cannot complain too much. We have been part of procuring the problem. Odinkalu
The faceoff between Justices of Nigeria’s Supreme Court and the Chief Justice of Nigeria (CJN) came as a shock to many but some others saw it coming as a recently retired Justice of the Supreme Court stopped short of indicting the CJN in his valedictory speech.
Hon. Justice Ejembi Eko who disclosed that: “The Heads of Court in the Federation have enormous budgetary resources from which they can improve the welfare of serving Judges” equally noted that: Nothing stops the office of the Auditor-General of the Federation, the Independent Corrupt Practices Commission (ICPC) and other investigatory agencies from ‘opening the books of the judiciary’ to expose the corruption in the management of their budgetary resources.”
Weighing into the conversation in the meantime, a former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba, SAN remarked that “it’s not pleasant to see the revered institution of the Judiciary, the very sepulchre of administration of Justice in Nigeria, at such a low ebb. I regret that the Supreme Court is not at peace and it is very sad that this has to do with the financial conditions of service. This is an issue I have long canvassed and if the National Judicial Council (NJC) was proactive this was wholly avoidable. I canvassed financial autonomy for the Judiciary and I won two cases on the point that the Judiciary is self-funding and not subject to executive control. If the NJC implemented these decisions the Supreme Court will not be in the sorry and unenviable state it has unfortunately declined to.”
Hon. Justice Ejembi Eko in his speech observed that for years the “issue of non-review of remuneration of judicial officers kept appearing in the resolutions of the communiqués, conferences and yet no action has been taken to remedy it.” The implication of this according to His lordship “is that it behoves the CJN, after every conference, to see to the implementation of the resolutions contained in the communiqué, and report to all concerned.”
Justice Eko further stated that: “By virtue of Section 84 of the extant 1999 Constitution there shall be paid to judicial officers of the superior courts of law, etc., ‘such salaries and allowances as may be prescribed by the National Assembly but not exceeding the amount as shall have been determined by the Revenue and Mobilisation Allocation and Fiscal Commission’, and these remuneration, salaries, and allowances are ‘a charge upon the Consolidated Revenue Fund of the Federation.’ The pertinent question is: who is in dereliction of the constitutional duty to review the remuneration, salaries, and allowances of judicial officers since 2007? The NJC and the Federal Judicial Service Commission as well as the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) should synergise and introspect, and tell the world why the dereliction since 2007.
“We have been holding conferences of All Nigeria Judges for some time now. This issue of non-review of remuneration of judicial officers kept appearing in the resolutions of the communiqués, conferences and yet no action has been taken to remedy it. Elsewhere, particularly India, this All Judges Conference is called the Chief Justice’s Conference. The implication of this is that it behoves the CJN, after every conference, to see to the implementation of the resolutions contained in the communiqué, and report to all concerned. The plight of judicial officers, who retired from the various State High Court, Sharia Court of Appeal, and Customary Court of Appeal, is an embarrassment to the entire judiciary in the Federation.
“By virtue of Sections 6(3) & (5) and 84 of the Constitution their gratuities and pensions, being a recurrent expenditure should be borne and payable to them by the NJC and not the State Governments. I said so in the suit No. SC/CV/655/2020. The unanimous decision of this Court was that the remuneration and salaries of judicial officers of the superior courts of record, under Section 6(3) and (5) of the Constitution, being a recurrent expenditure, are a charge on the Consolidated Revenue Fund of the Federation. It was only in respect of the capital expenditure of those courts that the majority opinion, holding a contrary view, dismissed the suit of the States. I still hold the view that the gratuities and pensions of Judges in the State’s superior courts of record are a charge on the Consolidated Revenue Fund of the Federation and that NJC is obligated, under paragraph 21 (e) of the Third Schedule to the Constitution, to pay gratuities and pensions of those retired judicial officers across the States and not the State Governments.
“[T]he Heads of Court in the Federation have enormous budgetary resources from which they can improve the welfare of serving Judges. As it is, presently, and as the Director of Budget in the Federal Ministry of Finance disclosed recently at the memorial lecture in honour of the late Abdullahi Ibrahim, SAN, at the Shehu Yar’Adua Centre, it is baffling that the welfare of Judges remains in the abject state in spite of the increase of the budgetary allocation to the Judiciary under this regime. Why? The said Director of Budget suggested that the panacea to the often touted underfunding of the Judiciary would be for ‘the judiciary to allow its books to be opened’ by the relevant authorities.
“This clearly is an allusion, albeit an indictment, pointing to the internal fraud attending to the management of the budgetary resources of the Judiciary. Nothing stops the office of the Auditor-General of the Federation, the Independent Corrupt Practices Commission (ICPC), and other investigatory agencies from ‘opening the books of the judiciary’ to expose the corruption in the management of their budgetary resources. That does not compromise the Independence of the Judiciary. Rather, it promotes accountability.”
Dr. Alex Izinyon, SAN said “it’s very unfortunate that this is happening. I expected more efforts internally for issues to be resolved by a more expanded body after the spirited efforts of my lord Sidi Bage, JSC retired, the Emir of Lafia, like the body of past CJNs, and even the bar. After all, we are the same family so that all the issues for both sides should be addressed. If the fault is from the Federal Government for the non-release of funds they can step in or if it is the fault of the CJN, it should be addressed too. Now that the bubble has burst, it’s in the public domain. It portends a very damning public perception. All is not lost yet if both sides are brought together to present their points to the body of past CJNs, past Justices of the Supreme Court, the President of the NBA, selected elders of the inner and outer bar, the Honourable Attorney General of the Federation, Abubakar Malami, SAN, some members of Body of Benchers and Body of Senior Advocates of Nigeria.
“All the above mentioned as a matter of urgency should wade into this issue and resolve it. It must be allowed to snowball or swept under the carpet. Meanwhile, both sides should sheathe their swords and allow this body to wade in. The judiciary is the last hope of the common as well as the rich man. Public confidence must not be eroded because of internal wrangling.”
In a statement titled “Supreme Court Justices Deserve More” Chief Mike Ozekhome, SAN lent his voice.
“If you starve Judges and Justices, and you make them believe that they don’t matter and will never have a house to retire to, and some justices of the Supreme Court, in spite of the danger inherent in their job are renting houses inside towns, living amongst people, some of whom have been tried and jailed by these same Judges and Justices, then you are begging corruption to embrace them. You are not even giving them enough protection and security.
“The society must not appear to be telling the Justices to either take it or leave it; to either kow-tow and agree with their present perilous, impoverished, sorry situation, or they resign. It should never be like that… [T]he CJN must go ahead and take up their grievances and fight it through with the executive arm of government that is holding on to more than 70 percent of our national resources, with the legislature holding on to the rest.
“Have you not heard how much senators receive every month? Some receive between N10 million and N14 million every month. Compare that with Justices’ salaries and those of Judges of High Courts, where Judges are receiving salaries of about N500, 000 per month, a sum that is not everyone even enough for local government chairmen to fuel their fleet of cars… If you treat Judges so shabbily, then we must be ready to go and invite our Lord and Savior, Jesus Christ, who is sinless, to come and sit over judgment in Nigeria…”
Responding to what this imbroglio portends for the justice sector, Ex-Chairman of National Human Rights Commission (NHRC) Prof. Chidi Odinkalu said: “I really don’t know what it portends for the judiciary. Rather it seems to me this tawdry tale is a true reflection of the state of the judiciary in Nigeria at this time. The Supreme Court is supposed to be the pinnacle of high judicial office for the most elevated and rarefied of figures who cast long shadows irrespective of where they come from. We have been blessed with such species in the past from all parts of the country: Onyeama, Irikefe, Nnamani, Aniagolu, Eso, Idigbe, Udo-Udoma, Mohammed Bello, Oputa, Craig, Bashir Wali, and many others. The politicians have decided to artisanalise and banalise the judiciary and this thing reflects the tyranny of artisanalisation that has taken over our judicial system. Lawyers cannot complain too much. We have been part of procuring the problem.”
In the now-famous letter from 14 Supreme Court Justices to the Chief Justice of Nigeria, Tanko Abdullahi (CJN), titled: “The State of Affairs in the Supreme Court of Nigeria and Demand by Justices of the Court,” the Justices amongst other complaints revealed they could no longer travel out of the country for training either but that the CJN travels with his own “spouse, children and personal staff.” Other allegations include the state of health care in the Court.
“The state of health care in the Court has deteriorated; the Supreme Court clinic has become a mere consulting clinic. Drugs are not available to treat minor ailments. There is general lack of concern for Justices who require immediate or emergency medical intervention. Your Lordship has not addressed the issue of our rules Court. The Rules of Court are the immediate tools employed by Justices to dispense Justice to Court users. Your Lordship has kept the amended Rules of Court for almost three years now, awaiting your signature. We strongly believe the new rules will aid speedy dispensation of Justice. “We demand to know what has become of our training funds, have they been diverted, or is it a plain denial? Your Lordship may also remember that the National Assembly has increased the budgetary allocation of the Judiciary. We find it strange that in spite of the upward review of our budgetary allocation, the Court cannot cater for our legitimate entitlements. This is unacceptable!”
However, the Chairman, Body of Benchers, Wole Olanipekun, SAN told Law & Society Magazine that a committee has been set up to settle the rift. The Senior Advocate who said “we are talking to the parties concerned, individually and collectively” added that “the immediate objective of the committee is to resolve the impasse while the ultimate objective is to work out an acceptable package for judicial officers all over the country.
