Socio-Economic Rights and Accountability Project, (SERAP) has sent an open
letter to President Muhammadu Buhari requesting him “to use your good
offices and leadership to urgently instruct all appropriate authorities to
release budgetary allocations for the immediate payment of outstanding
salaries and allowances of judges and judicial workers across the
country.”
In the letter dated 18 January 2017 and signed by SERAP executive director
Adetokunbo Mumuni the organization said that, “The Senate of Nigeria has
disclosed that federal judges have not been paid their salaries and
allowances for four months. SERAP is seriously concerned that failing to
pay regularly and punctually the salaries and allowances of judges amounts
to an implicit interference, and would seem to make judges dependent on
the will of other branches of government, especially the executive, for
the payment of their salaries.”
The organization said that, “Should all outstanding salaries and
allowances of judges and judicial workers not immediately paid, SERAP will
explore all legal avenues nationally and internationally to compel your
government to uphold the cardinal principle of judicial independence by
ensuring a policy of regular and punctual payment of salaries and
allowances of judges and judicial workers.”
The letter reads in part: “SERAP notes that the independence of the
judiciary has always been considered one of the important elements of the
Nigerian constitutional system. This cardinal constitutional and
international guarantee cannot be made to yield to any alleged economic
necessity.”
“SERAP believes that it is a contradiction in terms to fight judicial
corruption and yet not regularly and punctually pay judges and judicial
workers their salaries and allowances. If we may ask, what is the point of
granting the judiciary independence on the one hand if it is taken away
with the other, for example, by failing and/or refusing to regularly and
punctually pay their salaries and allowances? SERAP argues that that which
is prohibited from being done directly may not be accomplished by
indirection. The law abhors evasions and subterfuges.”
“It is important for our judiciary to remain perfectly independent, and
beyond the suspicion of any outside influence. SERAP believes that the
effect of the non-payment of salaries and allowances of judges is to
reduce the purchasing power of judges, diminish the benefits to which they
are entitled under the 1999 Constitution (as amended), and ultimately
weaken the judiciary, which is the last hope of the common man.”
“It is double jeopardy for our judges whose salaries and allowances are
not regularly and punctually paid, as these judges may not, by reason of
their calling, be able to personally challenge the matter in court. And
the possibility of resolving the matter in a judicial proceeding may be
limited since several judges have an interest in the matter, and may not
therefore with propriety undertake to hear and decide it.”
“It will be a national embarrassment if our judges are compelled to decide
this, since the judges like every citizen have a right to an effective
remedy and they will be perfectly entitled to approach the court for
reliefs if your government does not urgently find satisfactory solutions
to this problem.”
“For a government that has repeatedly expressed commitment to fight
official corruption, it is absolutely important to work proactively to
maintain the principle of the separation of powers as a basis for liberty
and justice, especially given the fact that the judiciary is the most
vulnerable of the three branches of government.”
“It will be extremely difficult to attract good and competent men and
women to the bench, and to make them independent when the salaries and
allowances of judges are not regularly and punctually paid.”
“Refusing to pay the salaries and allowances of judges may well be
construed as having for its purpose an attack upon the independence of the
judiciary, as judges are less independent if they have to beg for their
salaries and allowances to be paid.”
“It is essential to the preservation of the rights of every individual,
his/her life, liberty, property, and character, that there be an impartial
interpretation of the laws, and administration of justice. But the right
of every citizen to be tried by judges as free, impartial, and independent
as the lot of humanity will admit cannot be enjoyed as long as judges’
salaries and allowances are not regularly and punctually paid.”
“An independent judge is a proper and necessary guardian of human rights,
and should never be subservient to those on whom they are dependent for
their salaries, and their bread. The independence of the judiciary cannot
be sacrificed because of an economic depression. And the provisions of the
constitution cannot be disregarded on the same ground, and as such,
regular and punctual payment of judges’ salaries and allowances ought to
be your government’s top priority.”
“SERAP therefore urges you to use your good offices and leadership
position to instruct the appropriate authorities to release budgetary
allocations to ensure the immediate payment of all outstanding salaries
and allowances of judges and judicial workers.”
“We also urge you to publicly commit and guarantee regular and timely
payment of salaries and allowances of judges and judicial workers.”