SERAP has urged Engr. Elias Mbam, Chairman, 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.
We 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 Judiciary Staff Union of Nigeria (JUSUN) to press home their demand for financial autonomy for the judicial arm of govt, & the federal govt’s silence on judiciary workers’ strike that has grounded courts across the country
Judges should get all to which they are reasonably entitled, and it is unfair, illegal, unconstitutional, and discriminatory to continue to treat judges as ‘second-class people’ while high-ranking political office-holders enjoy lavish salaries and allowances
The remuneration and allowances of judges have fallen substantially behind the average salaries and allowances of political office-holders such as President, Vice-President, governors and their deputies, as well as members of the National Assembly
Nigerian judges are among the least paid in the world. The poor treatment of judges is neither fair to them nor to the Nigerian people. Judges deserve remuneration, allowances, and conditions of service commensurate with their judicial powers and responsibilities
While the remuneration and allowances of judges are grossly insufficient to enable them to maintain themselves and their families in reasonable comfort, high-ranking political office-holders continue to enjoy lavish allowances, including life pensions, & access to security votes
According to our information, the last review of the remuneration, allowances, & conditions of service for political, public & judicial office holders carried out by RMAFC in 2009 shows huge disparity between remuneration &allowances of judges & those of political office-holders
Judges’ work is very considerable but they cannot give their entire time to their judicial duties without the RMAFC reviewing upward their remuneration and allowances, and closing the gap and disparity between the salaries of judges and those of political office-holders.
Although one of the three coordinate branches of the government, the judiciary is treated with contempt, and considered so unimportant by the political class that authorities over the years have refused to pay them reasonable remuneration and allowances.
We would therefore be grateful if the recommended measures are taken within 14 days of the receipt and/or publication of this letter. If we have not heard from Engr. Elias Mbam by then,SERAP shall take all appropriate legal actions to compel the RMAFC to comply with our requests
Despite their important roles and responsibilities, Nigerian judges are poorly treated when their remuneration, salaries, allowances, and conditions of service are compared with political office-holders.
Judges should not have to endure the most poignant financial worries. The increase in the cost of living and the injustice of inadequate salaries bears heavily on judges, as it undermines their ability to effectively perform their judicial functions.
The roles and functions performed by judges across the country are second to none in their importance including in facilitating access of victims of corruption and human rights violations to justice and effective remedies
Far-reaching questions of constitutional law depend upon them for solution. Judges are also required to determine issues, which profoundly affect the rights and well-being of the people
The meaning and effect of anti-corruption legislation and treaties such as the @ICPC_PE Act, the @officialEFCC Act, the UN Convention against Corruption, and the African Union Convention on Preventing and Combating Corruption depend upon their learning, wisdom and judgment
The RMAFC has the powers under paragraph n, Third Schedule, Part 1 of the Nigerian Constitution to determine the remuneration, salaries and allowances appropriate for judges and political office holders, consistent with sections 84 and 124 of the Constitution.
The Nigerian authorities between May 1999 and March 2011 reviewed upward the salaries and allowances of political office holders at least on four occasions. However, the salaries and allowances of judicial officers were only reviewed twice during the same period
Nigerian government and the RMAFC have the duty to provide adequate resources to enable the judiciary to properly perform its functions
As a safeguard of judicial independence, the courts’ budget ought to be prepared in collaboration with the judiciary having regard to the needs and requirements of judicial administration.
Furthermore, the remuneration and pensions of judges must be secured by law at an adequate level that is consistent with their status and is sufficient to safeguard against conflict of interest and corruption.
Nigerians would continue to be denied access to justice, to a better judiciary and a better administration of justice until judges across the country are paid what they deserve.
We urge Engr. Elias Mbam and the RMAFC to separate the review of remuneration and salaries for judges from that of political office-holders. This would ensure fairness, and that judges receive the justice they so conscientiously dispense to others.
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