Senate Committee Chair On Judiciary, Sen. Bamidele Canvasses Increased Remuneration Of Judges, Says Judges Are Being ‘Banished To Poverty’

THE Chairman of the Senate Committee on Judiciary, Human Rights & Legal Matters, Senator Michael Opeyemi Bamidele has decried the state of the Judiciary in Nigeria in terms of remuneration of the Judges, noting that it needs an urgent intervention in order to protect and preserve the independence of the arm of Government.

The Senator made a case for increased remuneration on Wednesday in his keynote address at the screening of the seven nominees for the apex Court in Nigeria, namely Hon. Justice M.Lawal Garba, JCA(North-West); Hon. Justice Helen M. Ogunwumiju, JCA(South-West); Hon. Justice Abdul Aboki, JCA (North-West); Hon. Justice I. M. M. Saulawa, JCA(North-West); Hon. Justice Adamu Jauro, JCA(North-East); Hon. Justice Samuel C. Oseji, JCA(South-South); Hon. Justice Tijjani Abubakar, JCA(North-East); and Hon. Justice Emmanuel A. Agim, JCA(South-South).

The Distinguished Senator making reference to Dr. Muiz Banire, SAN’s statement on the welfare of the judicial officers said the prevalent situation in the country, most essentially with respect to the welfare of the members of the third arm of the government as called for this intervention from a private citizen like myself.

The Committee was reported to have received explanations regarding their lives, work experience, exposure, qualifications, competence and suitability to assume the office of Supreme Court Justices.

Meanwhile, the Senator stated that;“The prevalent situation in the country, most essentially with respect to the welfare of the members of the third arm of the government as called for this intervention from a private citizen like myself.

“There is an urgent need to avert the attention of the distinguished members of the committee to the plight of our Judges. Judges are, by their callings, expected to be righteous, upright, independent, impartial, and of necessity, incorruptible. What this implies is that at all times, they must be above board in all their dealings, particularly in the adjudication of cases. As enablement, the State is expected to provide a conducive atmosphere for their operations. These range from infrastructural support that will make the judges deliver or perform, to the conditions of service generally. This onerous duty of fairness and impartiality must be discharged regardless of the prevailing circumstances. It is in this context that I am engaging the system that is not only tempting the judges but impoverishing them.” He said.

Furthermore, he noted that it is over a decade that the remuneration of the Nigerian Judges was reviewed, even in the face of inflation and the rise in the US Dollar against Naira.

“As of date, and by the legal framework of Nigeria, the Certain Political, Public and Judicial Office Holders (Salaries and Allowances, Etc.) (Amendment) Act, 2008 governs the determination of the amount payable to judges as salaries and other allowances. This act was made in 2008, the year the last review of judges salary package was done. This was about 12 years ago when the exchange rate of American dollar to naira was One Hundred and Seventeen Naira. As of date, the exchange rate is about Four Hundred and Sixty-Seven Naira to a dollar.

“The implication of this is that a judge’s salary has not only been static in the last 12 years but has also depreciated in value.

“This is in spite of all economic variables in the country and the galloping inflation. It is unarguable that devaluation of our currency has rendered the purchasing power of an average Nigerian virtually useless. Judges lives in the same society like others whose salaries are constantly reviewed and patronize the same services and market like others.

“Our expectation of them is that they remain saints, which is fair enough, but we are not fortifying them against temptations. Regrettably in recent times, the castigation as been on judges as being corrupt, notwithstanding the fact that the necessary parapet that ought to shield them from temptation is never put in place.” He said.

Sadly, he stated that the take-home salaries of Judges remain constant with temptations capable of plunging them into corruption.

“Regrettably in recent times, the castigation as been on judges as being corrupt, notwithstanding the fact that the necessary parapet that ought to shield them from temptation is never put in place. As of date, the basic salary of a Justice of the Supreme Court is ₦ 2,477,110.00 per annum while a Court of Appeal Justice earns ₦1,995,430.18 as annual basic salary and a High Court Judge earns ₦1,804,740.00. by the time the allowances as specified by the Act due to each Judge are added, the take-home pay of a Justice of the Court of Appeal is about ₦608,000.00, a Judge of the High Court earns ₦556,000.00 and a Justice of the Supreme Court earns about ₦753,000.00. if the respective monthly basic salaries together with allowances are converted to USD at today’s rate, the Supreme Court Judge earns $1,612 monthly; the Justice of Court of Appeal earns $1,302 monthly, and a Judge of the High Court earns $1,191.”

Besides, he remarked that “If we do not want to continue banishing judges to poverty, the upward review of their salaries is imperative. The reality is that the time a Judge retires, his pension, calculated on the basis of the basic salary, will be a peanut. The point is that we need to raise the stake of the Judges in the dispensation of justice. To guarantee effective dispensation of justice, the least requirement is to urgently review the take-home pay of judges. This review must equally be extended to retired judges who are largely and presently living in penury. In fact, most of the retired judges are beginning to become a public embarrassment to the system as a result of executive begging.”

Comparatively, the Senator said the highest-paid public servant in South Africa is the Chief Justice, emphasizing on the significance of this arm in a country and democracy.

“In South Africa, for instance, the Chief Justice of the country is the highest-paid public servant while the surviving spouses of judges are provided financial security till death. It must be recalled that the judiciary is the bedrock of democracy and there is no way our democracy can survive in the absence of independence of the judiciary, which element is not possible with a hungry Judge. Judiciary remains the last hope of the common man. The rule of law, and by extension, the strength of the country’s institutions, rest on a credible judiciary. The judiciary is an arm of government like the Executive and the Legislature. It is one institution that no system of governance, whether military or civil rule, annihilates its existence or relevance.”

However, he stated that the importance of financial independence of the Judiciary cannot be relegated and it is demeaning for the Executive arm to treat them badly.

“In guaranteeing the autonomy of the judiciary, finances or funding is crucial. In fact, without financial autonomy, judges cannot be independent. For judges to live up to the demand of their offices and their calling, financial independence is a must. A situation where the judiciary must always go cap in hands to the executive for expenses is reprehensible. In the past in this country, Judges had been seen, at the verge of death, being deprived by the executive of their entitlements for medical treatment simply because such judges refused to compromise on some matters before them. This certainly cannot augur well for the institution that is supposed to be another arm of government.”

Finally, he urged the Senate Committee and the entire Senate to intervene in the situation for an improved remuneration of Judges in the country, noting that the country needs a Judiciary driven by credibility.

“Notwithstanding all the above infractions, judges are unable to ventilate their discomfort in these regards, as they are to be seen and not heard. This is where the Committee and, by extension, the Senate, needs to come in and very fast too.

“It is high time lip service to the independence of the judiciary was abolished. I urge the Senate and other distinguished members of this Committee to look critically into this matter. Our country needs a credible judiciary that comity of nations.”