The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Ahmed Tinubu to prevent the Federal Capital Territory (FCT) Minister, Nyesom Wike, and the 36 state governors from overstepping the authority of the National Judicial Council (NJC) and heads of court by providing cars and houses to judges.
SERAP argued that such actions undermine the constitutional principles of separation of powers, checks and balances, and the rule of law.
The organization emphasized that these practices could foster the perception that the judiciary is subservient to the executive branch.
SERAP also urged President Tinubu to instruct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to challenge the constitutionality and legality of these practices in court.
The organization highlighted that the judiciary’s independence should be respected and protected from political influence.
In an open letter dated November 9, 2024, signed by SERAP Deputy Director Kolawole Oluwadare, the group stressed that politicians should not interfere with judicial matters and must uphold the dignity and autonomy of judges.
“The Nigerian Constitution and international standards clearly state that the judiciary must remain independent from the executive and legislative branches,” the letter stated.
The letter, also sent to UN Special Rapporteur on the Independence of Judges and Lawyers, Ms. Margaret Satterthwaite, noted: “Weakening the separation of powers compromises the judiciary’s role as a check on executive actions.”
SERAP called on President Tinubu to enhance funding for the judiciary through constitutional mechanisms to improve working conditions, welfare, and pensions, thereby safeguarding judicial independence.
The group warned that if no action is taken within seven days of the publication of the letter, they would consider legal actions to compel compliance.
Reports indicate that executive officials in the FCT and various states provide vehicles and housing to judges without following constitutional procedures, potentially undermining the rule of law and fair access to justice.
SERAP emphasized that adhering to constitutional and international standards regarding judicial financial autonomy would support a balanced power structure, ensuring judicial independence and integrity.
“The government must ensure that the relationship among the judiciary, executive, and legislature respects equality and maintains the principles of separation of powers,” SERAP stated.
The group argued that an independent judiciary is essential for upholding the rule of law and protecting society’s democratic framework.
“Executive influence over judiciary finances compromises its ability to operate independently,” the letter noted.
SERAP reminded President Tinubu of the executive’s constitutional duty to maintain public trust in the judiciary and uphold democratic governance.
The letter highlighted sections 81(3) and 121(3)(a)-(h) of the Nigerian Constitution, which mandate that judiciary funds be paid directly to court heads. It also cited the UN Basic Principles on the Independence of the Judiciary, which obligate governments to ensure the judiciary remains free from undue influence and adequately resourced.
SERAP referenced former President Muhammadu Buhari’s Executive Order No. 10 of 2020, which reinforced the financial autonomy of state judiciaries, mandating that budgeted funds be charged directly to the states’ Consolidated Revenue Fund.
The organization concluded by urging President Tinubu to direct Fagbemi to enforce compliance with the constitutional provisions and halt the practice of executive officials providing housing and vehicles to judges.