Following the recent passage of the 2021 budget by the federal government, some lawyers in the country have questioned the rationale behind the meager N110billion constantly allotted to the nation’s judiciary in the annual budget consecutively in the last four years.
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/2026-IDRI-Masterclass.png")
The lawyers are demanding an upward review of the budgetary allocation to the third arm of government on the ground that the allocation of same amount to the judiciary for four years running can’t be justified under any economic parameter or reasoning because the value of naira has depreciated by over 60% in the last four years.
Among the lawyers who spoke separately to LEADERSHIP, not TheNigerialawyer are three former Nigeria Bar Association presidents Olisa Agbakoba (SAN) and Joseph B. Daudu (SAN); Augustine Alegeh (SAN); Chief Mike Ahamba (SAN); Chief Adegboyega Awomolo (SAN); Abuja based legal practitioners, Valentine Offia and Alasa Ismaila.
The lawyers argued that pegging the budget of the judiciary for the past four years at the same amount of N110billion per annum did not even mean that the budgeted amount is the released amount because the judiciary is only getting 40 per cent of what it was getting four years ago in the face of crippling inflation and damming devaluation.
The legal luminaries said the consequence of the judiciary’s static budget is that the third arm of government is barely able to discharge its functions, even as they warned that the judiciary must not be starved or brought to its knees.
While taking turns to lament over the yearly static judiciary budget, the lawyers observed that the judiciary appears to be particularly worse off under the current dispensation.
To justify their observations, the lawyers said while the 2010 allocation of N95billion to the judiciary represented 2.2% of that year’s budget, in 2011, 2012, 2013, 2014 and 2015, the nation’s budget shared to the judiciary were N85billion (1.8%), N75billion (1.7%), N67billion (1.3%), N68billion (1.3%) and N73billion (1.6%) respectively.
They added that the N70 billion budgeted for the judiciary in 2016 (out of the N6.08 trillion total proposals) was 1.1 per cent.
They said the 2017, 2018, 2019, 2020 and 2021 budgetary figures for the judiciary have been declining to below 1.0% just as the 2021 fiscal year budget of N110billion out of a total budget of N13.08 trillion is 0.84%.
This, they pointed out, is so because while the nation’s total budget keeps increasing, that of the third arm of government remains constant at N110billion.
The lawyers called for the review of the constitution to reflect a mandatory provision that the judiciary budget must not fall below 5 per cent of the total annual budget of the country those of the states.
They said the judiciary at a time in the country used to get a N150billion budget for a year when the total budget of the country was far below a quarter of what it is today.
The lawyers asked the Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad, to call on the NBA to intervene by mounting pressure on the National Assembly to review the 2021 budget proposal for the judiciary by the president.
Some of the lawyers asked the NJC to obey the judgment delivered by Justice Mohammed Mohammed of the Federal High Court, Abuja in Olisa Agbakoba vs AGF, NJC & NASS, which ordered the council to assert its constitutional authority to get its funding directly from National Assembly and not the executive.
The lawyers noted that the judiciary had in the 2021 budget proposal forwarded to the executive indicated that it would appoint about 60
judges for the Court of Appeal and the Federal High Court, apart from the eight newly appointed Supreme Court justices.
They said the justices being appointed or to be appointed require space for their chambers, which must be equipped with books, equipment aside aides and logistics.
Besides, the contended that the N110billion allocated for the arm of government in the coming fiscal year was grossly inadequate to bring about the needed turnaround, especially in tackling the Supreme Court caseloads and prison decongestion in the country, the lawyers stated.
To this effect, Agbakoba said, “The NJC needs to assert its constitutional authority to get its funding directly from the NASS and not the executive as confirmed by Justice Mohammed sitting as a Judge of the federal high court in Olisa Agbakoba vs AGF and NJC and NASS”.
Speaking on the issue, Daudu said, “One of the hallmarks of the judiciary as an independent arm of government is its ability to remain not only impartial in the discharge of its core duties to wit adjudication but to hold onto its independence jealously. A judiciary that is starved of funds is not independent. This is because its personnel will be or are severely hampered from discharging their functions or duties.
“A cash strapped judiciary will always be at the mercy of the arm of government that controls its purse strings and this is contrary to the requirements of the Constitution which expects the judiciary to be neutral in the discharge of its duties which is to all citizens, even if the determination of their civil rights and obligations is between them and government or vice versa.
“In the past four years, the economy has suffered a serious downturn; the value of the Naira has depreciated by at least 60 per cent. By pegging the budget of the judiciary for the past 4 years at the same amount of N110 Billion per annum and that does not mean that the budgeted amount is the released amount, the judiciary is only getting 40% of what it was getting 4 years ago in the face of crippling inflation and damming devaluation. What this means is that the Judiciary is barely able to discharge its functions. The judiciary must not be brought to its knees.
“Both the executive and legislature must come to the realisation that despite their exposure to political cases, the judiciary is not manned by politicians and no amount of arm twisting by financial emasculation can bring the judiciary to its knees. In future, the judiciary may have to explore the option of litigation to compel the government to improve its funding”.
Also Alegeh, in his submission, said, “The truth is that the judiciary is not being treated on equal terms or as another arm of government by the executive and legislative arms of government. Otherwise, it isn’t proper to submit budget estimate of N187 billion only to be handed down with N110 billion.
“How do they want the judiciary to make up for the big differences, when it indeed based its proposal on the number of judges to be appointed, number of courtrooms to be built, and so on.
“I advise the executive and the legislature to reconsider judiciary’s 2021 budget of N110b and review it upward. We must all agree that the judiciary is the custodian of rule of law and as such the safeguard of democracy”.
For his part, Awomolo said, “The nation’s judiciary under President Buhari’s watch had not been accorded its rightful place as an independent arm of government. The judiciary has always been at the short end of the stick. It has not found favour at all under the current dispensation.”
In his own, Ahamba said, “The CJN can draw attention of the NBA to the sad trend and development in which judiciary is treated as pariah third arm of government, by allocating N110b to it for four consecutive years.
“It is unheard of that the judiciary would submit a N187b budget proposal only to be allocated with N110b. NBA can react and protest on behalf of the judiciary before the NASS, and ask it to change the tide. It is part of the function of NBA to defend the judiciary against oppression from the other arms of government”.
However, Ismaila said, “No one can believe that judiciary used to receive N150billion budget approval in this country. Budget allocations to it has been declining in quantity and percentage share of the nation budget. While the 2010 allocation of N95b to the Judiciary represented 2.2% of that year’s budget, in 2011, 2012, 2013, 2014 and 2015, the nation’s budget shares for the Judiciary were N85b (1.8%) N75b (1.7%), N67b (1.3%), N68b (1.3%) and N73b (1.6%) respectively.
“The N70 billion budgeted for the Judiciary in 2016 (out of the N6.08 trillion total proposals) is 1.1%. The 2017, 2018, 2019, 2020 and 2021 budgetary figures for the judiciary have been declining to below 1.0% just as that of the 2021 fiscal year budget of N110 billion out of a total budget of N13.08 trillion is 0.84%; which is because, while the nation’s total budget increases that of the third arm of government remains constant at N110 billion”.
On his part, Offia argued: “It is understood that the judiciary had in its 2021 budget estimate it submitted indicated that it would appoint about 60 judges for the Court of Appeal and the Federal High Court, beside the eight newly appointed Supreme Court justices and others to follow.
“These justices being appointed or to be appointed require spaces for their offices, which must be equipped with books, equipment aside aides and logistics, and that’s money”
“It has to be inserted in the constitution that the judiciary budget must not fall below 5% of the total annual budget of the country, and so also in the states. The Judiciary had at certain time used to get a N150 billion budget for a year when the total budget of the country is not up to a quarter of what it is today”.
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
