The 300 per cent salary increase for judicial officers

The approval, by President Bola Ahmed Tinubu, of enhanced salaries for judicial officers, deserves the wide acknowledgment that it is so far receiving mainly because the judiciary, the third arm of government, is not the least important. In fact, it is home to the courts, which are viewed to be the last hope of the common Nigerian. It is therefore only expected that an institution saddled with so high a responsibility should be adequately remunerated and thus motivated.

Nonetheless, the concern of a section of Nigerians is real that the government may again be indulging in its habit of throwing money at all problems, often without considering the full import. In other words, the government may be seeking the easy way out of problems associated with the judiciary, not necessarily the best way out.

By the new package, already passed by the National Assembly before the president’s assent, the Chief Justice of Nigeria (CJN) will earn ₦5,385,047.26 monthly. Other Justices of the Supreme Court will earn ₦4,213,192.54 monthly while the President of the Court of Appeal nets ₦4,478,415.78 monthly. This represents a 300 per cent increase from their current earnings. All heads of the various courts, such as the Chief Judge of the Federal High Court, Chief Judge of the Federal Capital Territory High Court, the President of the National Industrial Court, among others, would earn the same basic salary of N7.9 million yearly.

Questions agitating the minds of many Nigerians include whether the huge increment can be borne and sustained by the country’s fledgling economy, especially at this difficult time. Is the increase merely aimed at improving the welfare of the judges or for other political considerations? For instance, is the executive trying to bridge what is seen as a wide gap between the remuneration of judicial officers compared with their counterparts in the executive and the legislature? What does the increase portend for the independence of the judiciary, given that President Tinubu had in the early days of his government promised to increase judges’ salaries? Given the struggling economy, shouldn’t the president seek to cut the packages of the executive and the legislature to reconcile them with the country’s economic reality, instead of simply increasing by a wide margin, the package of judicial officers? Will the increase not prompt agitations for similar increase in the states; and if so, can the states afford such largesse for their judicial arm, no matter how important they are? Will other sectors such as education and health not also demand similar attention from governments? Only time will tell how the answers to these posers will go.

Nonetheless, the imperative of dignifying judicial officers, particularly the judges with a befitting remuneration package cannot be exaggerated given the strategic constitutional mandate of the judicial arm of government. Democracy thrives better under a robust justice system underscored by the independence and integrity of personnel charged with the constitutional responsibility of diligent interpretation of the laws impartially and dispassionately. Thus, the “Judicial Office Holders (Salaries and Allowances, etc) Act, 2024” approved by President Tinubu following the passage of the bill for amending the previous Act 2008 should be seen as a welcome development.

Barring the reservations, the new law should serve as an impetus for the much-anticipated reforms under the new Chief Justice Hon. Kudirat Kekere-Ekun. With an improved welfare package, citizens expect renewed commitment to upholding the independence of the judiciary, a timely dispensation of justice as well as a demonstration of integrity from judicial officers.

Beyond the increase, it should be borne in mind that a well-funded judiciary will enhance the effective administration of justice and, by so doing, serve to deepen democracy through the interpretation of laws in manners devoid of emotional attachment or preferential considerations. The tales of poor conditions of service and poor remuneration for judicial officers that abound in states across the country due to inadequate funding of the judicial arm of government have become intolerable and must be redressed.

A poorly funded judiciary with miserable emoluments for judicial officers poses a serious challenge to the administration of justice; and by implication, accentuates the denial of justice to the society. State governors are therefore expected to take a cue from the recent development to imbue confidence and impartiality on their judicial arm. Governments at the state level need to pay urgent attention to redress the poor welfare of judicial officers at the sub-national level, including judges of the magistrates and other courts of law at the grassroots.

Notably, the Nigerian Bar Association (NBA) and the Body of Benchers had played prominent roles in the improved pay package. Also, the former Chief Justice of Nigeria, Ibrahim Muhammad Tanko, had, in 2021, canvassed the review of the amendment of the 1999 Constitution to empower the National Judicial Council (NJC) to evaluate and fix the salaries of judges every four years. It is also recalled that the Industrial Court in Abuja in 2022 ordered the National Assembly, the Revenue Mobilisation Allocation and Fiscal Commission and the Attorney General of the Federation to review the salaries and allowances of judges following a suit filed by Chief Sebastine Hon.

By increasing the salaries of judges so generously, the government should not be surprised about possible agitation for improved salaries by other categories of workers in government who deserve such. It will therefore be wise for government at all levels to also consider a holistic review of the emoluments of other categories of workers.

Nonetheless, the implementation of the new law should be prompt without hindrances. Since the improvement of the welfare package is regarded as an incentive for greater diligence in the judiciary, it is expected that the government at both the federal and state levels will prioritise the funding of the judiciary for the proper administration of justice and improved welfare of all categories of personnel in the judicial arm of government.