The Socio-Economic Rights and Accountability Project has called on President Bola Tinubu to stop the Minister of the Federal Capital Territory, Nyesom Wike, and the governors of Nigeria’s 36 states from overstepping the authority and responsibilities of the National Judicial Council and heads of courts by providing cars and houses to judges.
SERAP’s request, articulated in a letter dated November 9, 2024, it contends, could compromise the judiciary’s autonomy and make it susceptible to undue influence from the executive branch.
The letter, signed by SERAP Deputy Director Kolawole Oluwadare, was publicized through The PUNCH on Sunday, November 10, 2024.
In it, SERAP calls on President Tinubu to halt these practices and instead focus on strengthening judicial welfare through constitutionally approved channels.
SERAP also seeks a directive from the President for Attorney-General and Minister of Justice, Lateef Fagbemi, to challenge these executive actions in court, questioning their legality and alignment with the constitution.
SERAP’s position emerges in response to a September 24, 2024, announcement, when the Federal Executive Council sanctioned the construction of 40 housing units designated for judges in the FCT.
The FCT Minister Wike disclosed that this project, situated in the Katampe District, falls under the administration’s “Renewed Hope Housing agenda,” aimed at ensuring stable accommodation for judicial officers.
According to the plan, 20 housing units will be assigned to the FCT High Court, with the remaining 20 split between the Federal High Court and the Court of Appeal.
Highlighting constitutional implications, SERAP argues that such practices risk violating the principles of separation of powers and may give the impression that the judiciary is beholden to the executive.
“Such practices are antithetical to the constitutional principles of separation of powers, checks and balances, and the rule of law, and may create the perception that the judiciary is subservient to the executive,” the organization said.
SERAP further emphasized that political figures must distance themselves from judicial matters to preserve the integrity and independence of Nigeria’s judiciary.
“Politicians ought to keep their hands off the judiciary, respect and protect its integrity and independence. Politicians must treat judges with dignity and respect. The Nigerian Constitution and international standards make clear that the judiciary is neither subservient to the executive nor the legislature,” the group stressed.
SERAP’s letter also reached the desk of United Nations Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, stressing the consequences of a blurred separation of powers.
“Undermining the fundamental principle of separation of powers risks constraining the ability of the judiciary to act as a check on the executive,” it noted.
The organization urged President Tinubu to prioritize increased funding for the judiciary, proposing that this would address essential welfare improvements and ensure a safeguarded and independent judiciary.
“SERAP urges you to substantially improve funding for the judiciary to enhance their working conditions, welfare, and pensions through existing constitutional arrangements and mechanisms, to uphold the independence and autonomy of the judiciary and to protect judges from executive interference.”
In its final statements, SERAP reinforced that Tinubu’s administration has both constitutional and international obligations to uphold judicial independence, which directly impacts public trust in the legal system. SERAP concluded with an ultimatum, noting, “Your government has constitutional and international obligations to promote public confidence in the judiciary and safeguard the rule of law. We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government and the attorneys general of the 36 states to comply with our request in the public interest.”
SERAP expressed concern over reports that state-level executive officials, including governors from states such as Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers, are actively engaging in similar practices by providing vehicles and homes to judges.
The group argued that such actions bypass constitutional processes and could erode confidence in the rule of law, noting, “The reports that members of the executive in the FCT and across several states are giving cars and houses to judges appear to take place without following any constitutional or procedural process, which may have a chilling effect on the rule of law, access to justice, and effective remedies.”
SERAP finally urged Tinubu to halt the FEC’s involvement in approving residential projects for judges, asserting that such moves contradict constitutional provisions and Nigeria’s obligations under international law.
