President Tinubu told to prevent Wike, Governors from buying cars, houses for Judges  – Crime Channels

President Tinubu told to prevent Wike, Governors from buying cars, houses for Judges

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to intervene and prevent the Minister of the Federal Capital Territory (FCT), Mr. Nyesom Wike, and Nigeria’s 36 state governors from undermining the authority of the National Judicial Council (NJC) and court leaders by providing cars and houses to judges.

SERAP argues that such actions violate constitutional principles, including the separation of powers, checks and balances, and the rule of law, potentially fostering the perception that the judiciary is subservient to the executive branch.

In a statement, SERAP urged the President to instruct the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, to challenge these practices in court on the grounds of their constitutionality and legality, particularly the distribution of cars and houses to judges across Abuja and other states.

The open letter, dated November 9, 2024, and signed by SERAP Deputy Director Kolawole Oluwadare, emphasised that politicians must refrain from interfering with the judiciary.

“Judges must be treated with the utmost respect and dignity, and the judiciary’s integrity and independence must be upheld,” the letter stated.

SERAP further highlighted that both the Nigerian Constitution and international standards assert that the judiciary is neither subordinate to the executive nor the legislature.

The letter, also addressed to Ms. Margaret Satterthwaite, the UN Special Rapporteur on the Independence of Judges and Lawyers, warned that undermining the separation of powers could weaken the judiciary’s ability to serve as an effective check on executive power.

It partly reads: “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.

“Your government has the 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 7 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.

“The reports that members of the executives 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 and access to justice and effective remedies.

“Promoting the effective implementation of constitutional provisions and international standards on the financial autonomy of the judiciary would contribute towards ensuring the balance of power between the executive and the judiciary, and judicial integrity and independence.

“Your government has the constitutional responsibility to ensure equality of arms in the relationship between the three branches of government: the judiciary, executive and legislature and to uphold the principles of separation of powers and checks and balances.

“An independent judiciary, the essential guardian of the rule of law, is the linchpin of the scheme of checks and balances through which the separation of powers is assured. Members of the executive should not have any control over the judiciary’s funds.

“The rule of law is the bedrock of a democratic society. It is the only basis upon which individuals, private corporations, public bodies and the executive can order their lives and activities. And if the rule of law is to be upheld it is essential that there should be an independent judiciary.

“Because it is the executive that exercises the power of the State and because it is the executive, in one form or another, that is the most frequent litigator in the courts, it is from executive pressure that judges require particularly to be protected.”