Stop Wike, Governors from giving cars, houses to judges, SERAP tells Tinubu
The Socio-Economic Rights and Accountability Project (SERAP) has made an urgent appeal to President Bola Tinubu to intervene and prevent the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and Nigeria’s 36 state governors from providing cars and houses to judges.
The organisation emphasised that such actions compromise the constitutional principles of separation of powers, checks and balances, and judicial independence, potentially making the judiciary appear subservient to the executive.
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SERAP, in an open letter dated November 9, 2024, and signed by its deputy director, Kolawole Oluwadare, called on President Tinubu to “direct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to challenge the constitutionality and legality of these practices by the executive.” The group insists that politicians should maintain a respectful distance from the judiciary to preserve its integrity and independence.
The letter, which was also sent to Ms. Margaret Satterthwaite, the UN Special Rapporteur on the Independence of Judges and Lawyers, stressed that “undermining the fundamental principle of separation of powers risks limiting the judiciary’s ability to act as a check on executive actions.” SERAP further urged the Tinubu administration to improve judiciary funding to enhance the working conditions, welfare, and pensions of judges through established constitutional processes.
Highlighting the potential damage caused by executive encroachments, SERAP warned that these practices could create a chilling effect on the rule of law and judicial independence. “Promoting effective implementation of constitutional provisions on judicial financial autonomy would ensure a balance of power between the executive and judiciary,” it said.
SERAP pointed to reports indicating that the Federal Executive Council (FEC) recently approved the construction of 40 houses in Abuja for judges of the Federal High Court and the Court of Appeal. Similarly, several state governors, including those of Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Osun, Oyo, and Rivers, allegedly provide gifts such as cars and houses to judges without adherence to proper constitutional procedures.
To safeguard judicial autonomy, SERAP recommended adherence to sections 81(3) and 121(3)(a)-(h) of the Nigerian Constitution, which mandate direct disbursement of funds to the judiciary through the National Judicial Council (NJC) or heads of courts. This, it argued, would ensure that judges are free from undue executive control and influence.
SERAP also underscored Nigeria’s international obligations under the UN Basic Principles on the Independence of the Judiciary, which obligate the state to protect judges from external pressures, inducements, or interference. These obligations, it maintained, are critical for ensuring a fair, impartial judiciary capable of upholding the rule of law.
The letter concluded with a call to action for President Tinubu and his administration to address the issue within seven days. If no steps are taken, SERAP said it would explore appropriate legal avenues to compel compliance, citing public interest as its motivation.
“Judicial independence is a linchpin of democracy and the rule of law,” the letter declared, warning against any executive control over judicial funds. SERAP maintained that effective checks and balances are necessary to uphold democracy, and the judiciary must be protected from undue executive influence.
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