ARISE News analyst and legal scholar, Dr Sam Amadi, has warned that efforts to improve the welfare of judges must not be carried out in a manner that undermines judicial independence or creates public suspicion that the judiciary has been captured by political interests ahead of the 2027 general elections.
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
Amadi spoke on Wednesday during an interview with ARISE News while reacting to concerns over the construction of houses for judges by the Federal Capital Territory Administration.
He said there was nothing wrong with providing welfare for judicial officers, stressing that judges, like other public officials, deserve decent conditions of service.
He, however, cautioned that such welfare provisions must follow proper constitutional processes and must not compromise the independence, integrity and public perception of the judiciary.
“I think it’s actually not a crime to provide for the welfare of judges, as well as of other public officials, because judges are public officials of a special kind,” Amadi said.
“In fact, it’s in promotion of development, justice and stability to provide for the welfare of public officials.
“But there are processes for that provision. And again, it has to be done in a manner that aligns with the three key components of constitutional governance: the independence of the judiciary, the separation of powers and the protection of fundamental rights.
“Those are the three pillars of constitutional democracy, especially our own constitutional democracy, as the Nigerian Supreme Court has said clearly.”
Amadi noted that the Constitution already provides financial safeguards for the judiciary through first-line charges on the Consolidated Revenue Fund.
According to him, Sections 80(3), 84(7) and 162(9) of the 1999 Constitution provide for fiscal independence in a manner designed to prevent the judiciary from being trapped in the politics of executive discretion.
“The issue around its welfare, its financing, has been taken care of by Sections 80(3), 84(7) and 162(9), which is basically the idea of what we call first-line charge for its recurrent expenditure,” he said.
“The idea of fiscal independence is to allow them not to be caught in the ping pong of the administrative state.”
He said the concern was not necessarily the provision of houses, but the manner, timing and optics of the FCT housing project for judges.
“What I found wrong about building houses for judges in the manner it’s done is that, first, the judiciary, judges are not really one of the most deprived sectors of the Nigerian public service,” he said.
“Welfare of judges should not mean judges being treated like royalty in a manner also that leads to external capture.
“So this is a balance. Judges must be treated as fit people who earn their work, but who are not being made into royalty in a manner that suggests that they are now being captured.”
Amadi argued that judges should be properly paid and empowered through adequate remuneration, rather than being given benefits that may be perceived by the public as gifts or political patronage.
“Most of the Court of Appeal judges and High Court judges have their houses. And they should build their own houses,” he said.
“The houses are what civil servants and public servants build from their earnings. So we should pay judges well, so that they build their own houses, so that they are also free agents; they’re not being controlled and managed.”
He warned that the timing of the project, especially ahead of the 2027 electoral cycle, could damage public confidence in the judiciary and create suspicion among opposition politicians and citizens.
“The optics is bad. It creates the impression that this is a gift, a gracious gift to the judiciary,” Amadi said.
“Look, run-up to elections, you are giving judges things that suggest to the opposition that judges are captured.
“And then they’re not going to go through the procedure. They will reject the arbitration of the institutions of the state and resort to self-help.
“It’s a national security crisis. It’s a democracy crisis.”
Amadi also criticised comments credited to the Minister of the Federal Capital Territory, Nyesom Wike, during the commissioning of the project, accusing him of showing disregard for institutional integrity.
“I see a resolve, a recklessness, especially with the FCT minister, in terms of what the judges are doing, to not care about institutional integrity,” he said.
He warned that weakening institutional safeguards would make it more difficult for judges to deliver impartial and courageous decisions, especially in politically sensitive cases.
According to him, while individual judges may still display courage and independence, the system must provide a structure that protects them from political pressure.
“Judges can be independent based on the behaviour of the individual. But there is an institutional independence that creates opportunity for the heroism and courage of individual judges,” he said.
“When you so much reduce that space for institutional independence, you are weakening the capacity of these judges to render fair decisions.
“And you are strengthening public distrust of the judicial system and increasing resort to self-help and anarchy.”
Amadi said the problem facing the judiciary goes beyond housing and welfare, arguing that there is a broader culture of institutional capture in Nigeria.
“The key point here is that African leaders always try to capture institutions,” he said.
“The judiciary has come under significant state capture, in my view, in Nigeria.
“For example, the appointing process. If you look at those who go to the bench, several are family members of politicians.
“There is an increasing capture of the judicial institution.”
He also accused some members of the judiciary of failing to resist political influence and of becoming comfortable with dependence on political office holders.
“And the judges themselves seem to delight in dependence and not independence,” he said.
“They’re not fighting back to say, ‘We want to be independent.’
“They are enjoying the benefits of commingling and socialising with political office holders because it gives them opportunity.”
Amadi further alleged that there were concerns about integrity within the system, including allegations that some judges had become linked to government contracts through proxies.
“There have been clear allegations, credible in some cases, of some of these judges becoming part of contractors through proxies,” he said.
“I think that the biggest challenge for this democracy is that the institution is being captured.”
Calling for reforms, he urged legal practitioners, law teachers, senior lawyers, commentators, the media and the public to stop sanitising the problem and begin to speak openly against practices capable of weakening judicial credibility.
“First, public discourse should change from trying to sanitise this problem,” Amadi said.
“We should start calling it out and say this is not the way of the past; this is not the way of the judiciary of the 1980s.”
Recalling a period when the judiciary was more protective of its reputation, he said accountability used to be central to public debate about the courts.
“The debate then was simple: accountability,” he said.
“Today, judges don’t even care that they’re being called out.
“Commentators, law professors, senior lawyers are enabling this capture. And everybody’s enjoying it.”
Amadi, however, clarified that his criticism was not an attack on all judges, saying many judicial officers remain brilliant, committed and hardworking despite operating under difficult conditions.
“My point is not that judges are such guys that if I give them a house, they give you judgment,” he said.
“Judges are trying. There are many brilliant, committed judges.
“But the working environment is choking, and over time we’re going to incentivise this other side of judicial craft.”
He added: “Judges are good guys. Some of them are doing a great job, but decisions have been captured or seem to be captured.”
Amadi concluded that preserving judicial independence requires strengthening the structures that protect judges from political control and ensuring that their career progression depends on competence, experience and integrity, not closeness to political power.
“You have to create a structural independence that enables these individual acts of heroism to be sustainable,” he said.
“You cannot choke out heroism.
“You can’t incentivise some degree of dependence and bootlicking and kissing up to political authority.
“The whole structural arrangement is to ensure that judges feel comfortable and confident that their sometimes very annoying decisions against government or institutions do not earn them discredit.
“They are secured that their prospects to advance are based on their competence and experience.
“So these things are the things that are choking out this individual heroism. And that’s my point.”
[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
______________________________________________________________________ “Bridging Theory And Courtroom Practice” — Hagler Sunny Okorie, Nathaniel Ngozi Ikeocha Unveil ‘Functional’ Tort Law Book For Nigerian Legal System
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
______________________________________________________________________
“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
As an added bonus, every purchase comes with a FREE ebook titled: “How to use the AI in Legalpedia and Law Pavilion.”
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
