The Socio-Economic Rights and Accountability Project (SERAP) [/b]has issued a formal call to President Bola Tinubu, urging him to intervene and prevent the Federal Capital Territory (FCT) Minister, Mr. Nyesom Wike, and Nigeria’s 36 state governors from overstepping their constitutional boundaries and infringing upon the authority of the National Judicial Council (NJC) and the heads of the judiciary by offering material gifts such as cars and houses to judges. SERAP raised serious concerns over this practice, stating that it undermines the essential constitutional principles of separation of powers, checks and balances, and the rule of law, and could create the perception that the judiciary is susceptible to manipulation or control by the executive branch of government.
The organization emphasized the need for a decisive response to the situation, stating that such practices are not only constitutionally questionable but could also potentially erode public confidence in the judicial system’s independence. “SERAP has urged President Tinubu to direct the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, to challenge the legality of these actions in court. This is essential to preserve the integrity of the judiciary and prevent undue influence on judges, which could be detrimental to the independence of the judiciary in Nigeria,” the statement read.
In the letter addressed to President Tinubu, which was dated 9 November 2024 and signed by Kolawole Oluwadare, the deputy director of SERAP, the organization stressed that judges must be allowed to perform their duties free from political interference. “Politicians must treat judges with dignity, respect, and the necessary autonomy, as is constitutionally required. The Nigerian Constitution and international legal frameworks are explicit in stipulating that the judiciary is not subordinate to the executive or the legislature,” SERAP stated. The letter further argued that any attempt by the executive to interfere with the judiciary’s financial autonomy or functions undermines the separation of powers, a critical safeguard of democracy.
SERAP also pointed out that this overreach could have damaging consequences on the judiciary’s ability to act as an effective check on the power of the executive, a principle that is central to Nigeria’s democratic framework. The group called for the prioritization of improving funding for the judiciary to ensure judges are well-compensated and can perform their duties without fear of retaliation or external pressure. “Enhancing the welfare, pensions, and working conditions of judges through constitutional mechanisms is paramount to preserving judicial independence,” the letter stated.
The letter also raised concern about the legality of these practices, which have reportedly taken place without proper constitutional or procedural processes, potentially having a chilling effect on the rule of law and public trust in the judicial system. SERAP warned that such practices risk hindering access to justice and compromising the effective application of the law. The letter referenced the Nigerian Constitution’s provisions that explicitly direct the judiciary’s funding to be handled directly by the National Judicial Council (NJC) and other relevant bodies to prevent the executive from exercising undue control over the judiciary’s financial resources.
The call to action from SERAP is particularly urgent, as it highlighted several reports of state governors in regions such as Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers offering material gifts like cars and houses to judges. These actions appear to violate constitutional norms, which require that judicial funds be allocated through proper channels and in accordance with legal frameworks. SERAP further warned that this situation could lead to the erosion of judicial independence and compromise the impartiality of the judicial process.
As part of their legal and moral obligation, SERAP urged President Tinubu to ensure that the Federal Executive Council (FEC) cease the practice of approving the construction of houses for judges, citing that such an exercise is constitutionally incompatible with the independence of the judiciary. This includes the recent approval by the FEC of 40 houses for judges in Abuja, which SERAP argued was an overstep of executive power and an unnecessary interference in the judiciary’s operations. These actions, the organization warned, could have significant long-term consequences for the independence of the judiciary and the fair administration of justice in the country.
Finally, SERAP reminded the president of the Nigerian Constitution’s provisions, particularly Section 121(3)(b), which states that funds allocated to the judiciary must be paid directly to the heads of courts, and under Section 81(3), it is the responsibility of the National Judicial Council to manage and disburse these funds. The letter emphasized that the executive’s involvement in matters related to the judiciary’s financial autonomy is a breach of these constitutional provisions and undermines the rule of law. SERAP urged the president to uphold judicial independence and ensure the full implementation of these constitutional mandates, which include the principles outlined in the UN Basic Principles on the Independence of the Judiciary, to safeguard the judiciary from improper external pressures or influences.
In conclusion, SERAP called on President Tinubu to take swift and decisive action to prevent further encroachments on judicial independence, protect the integrity of the judiciary, and ensure that the rule of law is upheld in Nigeria. If the recommended actions are not taken within seven days of receiving or publishing the letter, SERAP indicated that it would consider pursuing legal action to compel the government to comply with its demands in the public interest.