Stop Wike, govs from giving cars, houses to judges, SERAP tells Tinubu

The Federal Capital Territory (FCT) Minister, Nyesom Wike

As CJN, Sanusi, others tell judges to be upright, courageous

Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to stop the Minister of Federal Capital Territory (FCT), Nyesom Wike, and Nigeria’s 36 governors from usurping the authority and responsibilities of the National Judicial Council (NJC) and heads of court by giving cars and houses to judges.

Before SERAP made the call, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun; the Emir of Kano, Khalifa Muhammad Sanusi II, had urged judges to be upright and not to allow hatred of people to make them to do wrong.

SERAP, in its call, also urged Tinubu to direct the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi (SAN), as a defender of public interest, to challenge in court the constitutionality and legality of the practices by members of the executive giving cars and houses to judges in Abuja and across the states.

According to reports, 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.

SERAP said such practices were clearly antithetical to the constitutional principles of separation of powers, checks and balances and the rule of law, and might create the perception that the judiciary was subservient to the executive.

In an open letter at the weekend, signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation emphasised that politicians ought to keep their hands off the judiciary and respect and protect its integrity and independence, adding that politicians must treat judges with dignity and respect.

SERAP noted that the Nigerian Constitution and international standards make clear that the judiciary is neither subservient to the executive nor the legislature.

In the letter, copied to the UN Special Rapporteur on the Independence of Judges and Lawyers, Ms Margaret Satterthwaite, SERAP said undermining the fundamental principle of separation of powers risks constraining the ability of the judiciary to act as a check on the executive.

“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,” the body stated.

Your government, SERAP said, had 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 organisation said.

The body noted that while exercising his powers under Section 5 of the Nigerian Constitution, former President, Muhammadu Buhari, signed Executive Order No.10 of 2020, to ensure that the judicial arms of government in the 36 states of the Federation no longer have to wait on state governors for funds.

According to Kekere-Ekun, in her earlier remarks, the Nigerian judiciary is blessed with upright and courageous judges, lamenting, however, that there are few judges among them that are tarnishing its reputation.

Sanusi urged judges, especially justices of the Supreme Court to administer justice with the fear of God, and remember that they are accountable to God.The two spoke at the weekend at a public discourse on “Ethics, Morality And The Law” organised by the Movement for Islamic Culture and Awareness (MICA) to mark the elevation of Justice Habeeb Adewale Abiru to the Supreme Court.

Speaking on the theme: “Ethics, Morality and the Law, Christian Perspective, the Very Reverend Prof Konyinsola Ajayi (SAN) condemned what he termed “lawlessness in the law”. He urged Nigeria’s legal professionals to reflect on the role of ethics and morality within the judiciary. In his remarks, Dr Wale Babalakin (SAN), decried the deterioration of Judicial Independence in Nigeria.