Stop Buying Influence: SERAP Tells Governors, FCT Minister to Respect Judiciary's Independence
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), Nyesom Wike, along with Nigeria's 36 governors, from undermining the authority of the National Judicial Council (NJC) and heads of courts. SERAP specifically urged the President to stop these officials from influencing judges through gifts such as cars and houses.
In an open letter dated November 9, 2024, signed by SERAP Deputy Director Kolawole Oluwadare, the organization stated, "Such practices clearly contradict constitutional principles of separation of powers, checks and balances, and the rule of law, potentially creating the perception that the judiciary is subservient to the executive."
SERAP further requested that President Tinubu instruct the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, to challenge the legality of these practices in court. The organization emphasized that "politicians should refrain from meddling in judicial matters and should respect and protect the judiciary's integrity and independence."
SERAP reiterated that the Nigerian Constitution and international standards clarify that the judiciary is neither subservient to the executive nor the legislature. The letter, which was also sent to Ms. Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, added, "Undermining the fundamental principle of separation of powers jeopardizes the judiciary's role in holding the executive accountable."
SERAP urged President Tinubu to improve funding for the judiciary to enhance judges' working conditions, welfare, and pensions through constitutional channels, thereby ensuring judicial independence and safeguarding against executive interference. The letter stated, "Your government is constitutionally and internationally obligated to strengthen public confidence in the judiciary and protect the rule of law."
SERAP requested that these measures be implemented within seven days of receipt or publication of the letter. If no action is taken, the organization warned that it would consider appropriate legal measures to compel the federal government and the state attorneys general to comply with their request in the public interest.
SERAP also noted that the practice of gifting cars and houses to judges by the executive in the FCT and various states often lacks a constitutional or procedural basis, potentially impacting the rule of law and access to justice. The organization highlighted 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.
In addition, it reported that several state governors, including those from Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers, routinely provide judges in their states with cars and houses.
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