Socio-Economic Rights and Accountability Project, (SERAP) has sent an open
\nletter to President Muhammadu Buhari requesting him \u201cto use your good
\noffices and leadership to urgently instruct all appropriate authorities to
\nrelease budgetary allocations for the immediate payment of outstanding
\nsalaries and allowances of judges and judicial workers across the
\ncountry.\u201d<\/p>\n
In the letter dated 18 January 2017 and signed by SERAP executive director
\nAdetokunbo Mumuni the organization said that, \u201cThe Senate of Nigeria has
\ndisclosed that federal judges have not been paid their salaries and
\nallowances for four months. SERAP is seriously concerned that failing to
\npay regularly and punctually the salaries and allowances of judges amounts
\nto an implicit interference, and would seem to make judges dependent on
\nthe will of other branches of government, especially the executive, for
\nthe payment of their salaries.\u201d<\/p>\n
The organization said that, \u201cShould all outstanding salaries and
\nallowances of judges and judicial workers not immediately paid, SERAP will
\nexplore all legal avenues nationally and internationally to compel your
\ngovernment to uphold the cardinal principle of judicial independence by
\nensuring a policy of regular and punctual payment of salaries and
\nallowances of judges and judicial workers.\u201d<\/p>\n
The letter reads in part: \u201cSERAP notes that the independence of the
\njudiciary has always been considered one of the important elements of the
\nNigerian constitutional system. This cardinal constitutional and
\ninternational guarantee cannot be made to yield to any alleged economic
\nnecessity.\u201d<\/p>\n
\u201cSERAP believes that it is a contradiction in terms to fight judicial
\ncorruption and yet not regularly and punctually pay judges and judicial
\nworkers their salaries and allowances. If we may ask, what is the point of
\ngranting the judiciary independence on the one hand if it is taken away
\nwith the other, for example, by failing and\/or refusing to regularly and
\npunctually pay their salaries and allowances? SERAP argues that that which
\nis prohibited from being done directly may not be accomplished by
\nindirection. The law abhors evasions and subterfuges.\u201d<\/p>\n
\u201cIt is important for our judiciary to remain perfectly independent, and
\nbeyond the suspicion of any outside influence. SERAP believes that the
\neffect of the non-payment of salaries and allowances of judges is to
\nreduce the purchasing power of judges, diminish the benefits to which they
\nare entitled under the 1999 Constitution (as amended), and ultimately
\nweaken the judiciary, which is the last hope of the common man.\u201d<\/p>\n
\u201cIt is double jeopardy for our judges whose salaries and allowances are
\nnot regularly and punctually paid, as these judges may not, by reason of
\ntheir calling, be able to personally challenge the matter in court. And
\nthe possibility of resolving the matter in a judicial proceeding may be
\nlimited since several judges have an interest in the matter, and may not
\ntherefore with propriety undertake to hear and decide it.\u201d<\/p>\n
\u201cIt will be a national embarrassment if our judges are compelled to decide
\nthis, since the judges like every citizen have a right to an effective
\nremedy and they will be perfectly entitled to approach the court for
\nreliefs if your government does not urgently find satisfactory solutions
\nto this problem.\u201d<\/p>\n
\u201cFor a government that has repeatedly expressed commitment to fight
\nofficial corruption, it is absolutely important to work proactively to
\nmaintain the principle of the separation of powers as a basis for liberty
\nand justice, especially given the fact that the judiciary is the most
\nvulnerable of the three branches of government.\u201d<\/p>\n
\u201cIt will be extremely difficult to attract good and competent men and
\nwomen to the bench, and to make them independent when the salaries and
\nallowances of judges are not regularly and punctually paid.\u201d<\/p>\n
\u201cRefusing to pay the salaries and allowances of judges may well be
\nconstrued as having for its purpose an attack upon the independence of the
\njudiciary, as judges are less independent if they have to beg for their
\nsalaries and allowances to be paid.\u201d<\/p>\n
\u201cIt is essential to the preservation of the rights of every individual,
\nhis\/her life, liberty, property, and character, that there be an impartial
\ninterpretation of the laws, and administration of justice. But the right
\nof every citizen to be tried by judges as free, impartial, and independent
\nas the lot of humanity will admit cannot be enjoyed as long as judges’
\nsalaries and allowances are not regularly and punctually paid.\u201d<\/p>\n
\u201cAn independent judge is a proper and necessary guardian of human rights,
\nand should never be subservient to those on whom they are dependent for
\ntheir salaries, and their bread. The independence of the judiciary cannot
\nbe sacrificed because of an economic depression. And the provisions of the
\nconstitution cannot be disregarded on the same ground, and as such,
\nregular and punctual payment of judges\u2019 salaries and allowances ought to
\nbe your government\u2019s top priority.\u201d<\/p>\n
\u201cSERAP therefore urges you to use your good offices and leadership
\nposition to instruct the appropriate authorities to release budgetary
\nallocations to ensure the immediate payment of all outstanding salaries
\nand allowances of judges and judicial workers.\u201d<\/p>\n
\u201cWe also urge you to publicly commit and guarantee regular and timely
\npayment of salaries and allowances of judges and judicial workers.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to President Muhammadu Buhari requesting him \u201cto use your good offices and leadership to urgently instruct all appropriate authorities…<\/p>\n","protected":false},"author":1,"featured_media":19332,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-55534","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n