Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
urged Engr. Elias Mbam, Chairman, Revenue Mobilization Allocation
and Fiscal Commission (RMAFC) to “urgently review upward the
remuneration, allowances, and conditions of service for Nigerian
judges, and to review downward the remuneration and allowances of
high-ranking political office-holders in order to address the
persistent poor treatment of judges, and to improve access of
victims of corruption to justice.”
![image](/2020/10/lawreport.jpg")
SERAP also urged him “to send your review and recommendations to
the National Assembly for appropriate remedial and legislative
action, as provided for by the Nigerian Constitution 1999 [as
amended].”
![image](/2021/01/payne-alex.jpg")
The letter followed the nationwide industrial action by the
Judiciary Staff Union of Nigeria (JUSUN) to press home their demand
for financial autonomy for the judicial arm of government, and the
federal government’s silence on the judiciary workers’ strike that
has grounded courts across the country.
In the letter dated 10 April 2021 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “Judges should
get all to which they are reasonably entitled, and it is unfair,
illegal, unconstitutional, and discriminatory to continue to treat
judges as ‘second-class people’ while high-ranking political
office-holders enjoy lavish salaries and allowances.”
SERAP expressed concern that: “The remuneration and allowances
of judges have fallen substantially behind the average salaries and
allowances of political office-holders such as President,
Vice-President, governors and their deputies, as well as members of
the National Assembly.”
SERAP said: “Nigerian judges are among the least paid in the
world. The poor treatment of judges is neither fair to them nor to
the Nigerian people. Judges deserve remuneration, allowances, and
conditions of service commensurate with their judicial powers and
responsibilities.”
According to SERAP, “While the remuneration and allowances of
judges are grossly insufficient to enable them to maintain
themselves and their families in reasonable comfort, high-ranking
political office-holders continue to enjoy lavish allowances,
including life pensions, and access to security votes, which they
have powers to spend as they wish.”
The letter, read in part: “According to our information, the
last review of the remuneration, allowances, and conditions of
service for political, public and judicial office holders carried
out by RMAFC in 2009 shows the huge disparity between the
remuneration and allowances of judges and those of political
office-holders.”
“Judges’ work is very considerable but they cannot give their
entire time to their judicial duties without
the RMAFC reviewing upward their remuneration and
allowances, and closing the gap and disparity between the salaries
of judges and those of political office-holders such as the
President, Vice-President, governors and their deputies, as well as
lawmakers.”
“Although one of the three coordinate branches of the
government, the judiciary is treated with contempt, and considered
so unimportant by the pollical class that authorities over the
years have refused to pay them reasonable remuneration and
allowances.”
“We would therefore be grateful if the recommended measures are
taken within 14 days of the receipt and/or publication of this
letter. If we have not heard from you by then, the Incorporated
Trustees of SERAP shall take all appropriate legal actions to
compel the RMAFC to comply with our requests.”
“Despite their important roles and responsibilities, Nigerian
judges are poorly treated when their remuneration, salaries,
allowances, and conditions of service are compared with political
office-holders.”
“Judges should not have to endure the most poignant financial
worries. The increase in the cost of living and the injustice of
inadequate salaries bears heavily on judges, as it undermines their
ability to effectively perform their judicial functions.”
“The roles and functions performed by judges across the country
are second to none in their importance including in facilitating
access of victims of corruption and human rights violations to
justice and effective remedies.”
“Far-reaching questions of constitutional law depend upon them
for solution. Judges are also required to determine issues, which
profoundly affect the rights and well-being of the people.”
“The meaning and effect of anti-corruption legislation and
treaties such as the Independent Corrupt Practices and Other
Related Offences Commission Act, the Economic and Financial Crimes
Commission [EFCC] Act, the UN Convention against Corruption, and
the African Union Convention on Preventing and Combating Corruption
depend upon their learning, wisdom and judgment.”
“The stability of the country’s system of government, a
government of laws rather than of men, depending as it does to so
great an extent upon the confidence and respect of the people for
those who, as judges, hold the scales of justice in their hands,
depends upon the character and the wisdom of these men and
women.”
“The RMAFC has the powers under paragraph n, Third
Schedule, Part 1 of the Nigerian Constitution to determine
the remuneration, salaries and allowances appropriate for
judges and political office holders, consistent with
sections 84 and 124 of the Constitution.”
“SERAP notes that Nigerian authorities between May 1999 and
March 2011 reviewed upward the salaries and allowances of political
office holders at least on four occasions. However, the salaries
and allowances of judicial officers were only reviewed twice during
the same period.”
“Nigerian government and the RMAFC have the duty to
provide adequate resources to enable the judiciary to properly
perform its functions.”
“As a safeguard of judicial independence, the courts’ budget
ought to be prepared in collaboration with the judiciary having
regard to the needs and requirements of judicial administration.
Furthermore, the remuneration and pensions of judges must be
secured by law at an adequate level that is consistent with their
status and is sufficient to safeguard against conflict of interest
and corruption.”
“Nigerians would continue to be denied access to justice, to a
better judiciary and a better administration of justice until
judges across the country are paid what they deserve.”
“SERAP urges you and the RMAFC to separate the review of
remuneration and salaries for judges from that of political
office-holders. This would ensure fairness, and that judges receive
the justice they so conscientiously dispense to others.”
The letter is copied to Dr Ahmad Lawan, Senate President; Mr
Femi Gbajabiamila, Speaker of House of Representatives; Mr
Ekpo Nta, Chairman, National Salaries, Incomes and Wages Commission
(NSIWC); and the National Judicial Council.
Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
urged Engr. Elias Mbam, Chairman, Revenue Mobilization Allocation
and Fiscal Commission (RMAFC) to “urgently review upward the
remuneration, allowances, and conditions of service for Nigerian
judges, and to review downward the remuneration and allowances of
high-ranking political office-holders in order to address the
persistent poor treatment of judges, and to improve access of
victims of corruption to justice.”
SERAP also urged him “to send your review and recommendations to
the National Assembly for appropriate remedial and legislative
action, as provided for by the Nigerian Constitution 1999 [as
amended].”
The letter followed the nationwide industrial action by the
Judiciary Staff Union of Nigeria (JUSUN) to press home their demand
for financial autonomy for the judicial arm of government, and the
federal government’s silence on the judiciary workers’ strike that
has grounded courts across the country.
In the letter dated 10 April 2021 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “Judges should
get all to which they are reasonably entitled, and it is unfair,
illegal, unconstitutional, and discriminatory to continue to treat
judges as ‘second-class people’ while high-ranking political
office-holders enjoy lavish salaries and allowances.”
SERAP expressed concern that: “The remuneration and allowances
of judges have fallen substantially behind the average salaries and
allowances of political office-holders such as President,
Vice-President, governors and their deputies, as well as members of
the National Assembly.”
SERAP said: “Nigerian judges are among the least paid in the
world. The poor treatment of judges is neither fair to them nor to
the Nigerian people. Judges deserve remuneration, allowances, and
conditions of service commensurate with their judicial powers and
responsibilities.”
According to SERAP, “While the remuneration and allowances of
judges are grossly insufficient to enable them to maintain
themselves and their families in reasonable comfort, high-ranking
political office-holders continue to enjoy lavish allowances,
including life pensions, and access to security votes, which they
have powers to spend as they wish.”
The letter, read in part: “According to our information, the
last review of the remuneration, allowances, and conditions of
service for political, public and judicial office holders carried
out by RMAFC in 2009 shows the huge disparity between the
remuneration and allowances of judges and those of political
office-holders.”
“Judges’ work is very considerable but they cannot give their
entire time to their judicial duties without
the RMAFC reviewing upward their remuneration and
allowances, and closing the gap and disparity between the salaries
of judges and those of political office-holders such as the
President, Vice-President, governors and their deputies, as well as
lawmakers.”
“Although one of the three coordinate branches of the
government, the judiciary is treated with contempt, and considered
so unimportant by the pollical class that authorities over the
years have refused to pay them reasonable remuneration and
allowances.”
“We would therefore be grateful if the recommended measures are
taken within 14 days of the receipt and/or publication of this
letter. If we have not heard from you by then, the Incorporated
Trustees of SERAP shall take all appropriate legal actions to
compel the RMAFC to comply with our requests.”
“Despite their important roles and responsibilities, Nigerian
judges are poorly treated when their remuneration, salaries,
allowances, and conditions of service are compared with political
office-holders.”
“Judges should not have to endure the most poignant financial
worries. The increase in the cost of living and the injustice of
inadequate salaries bears heavily on judges, as it undermines their
ability to effectively perform their judicial functions.”
“The roles and functions performed by judges across the country
are second to none in their importance including in facilitating
access of victims of corruption and human rights violations to
justice and effective remedies.”
“Far-reaching questions of constitutional law depend upon them
for solution. Judges are also required to determine issues, which
profoundly affect the rights and well-being of the people.”
“The meaning and effect of anti-corruption legislation and
treaties such as the Independent Corrupt Practices and Other
Related Offences Commission Act, the Economic and Financial Crimes
Commission [EFCC] Act, the UN Convention against Corruption, and
the African Union Convention on Preventing and Combating Corruption
depend upon their learning, wisdom and judgment.”
“The stability of the country’s system of government, a
government of laws rather than of men, depending as it does to so
great an extent upon the confidence and respect of the people for
those who, as judges, hold the scales of justice in their hands,
depends upon the character and the wisdom of these men and
women.”
“The RMAFC has the powers under paragraph n, Third
Schedule, Part 1 of the Nigerian Constitution to determine
the remuneration, salaries and allowances appropriate for
judges and political office holders, consistent with
sections 84 and 124 of the Constitution.”
“SERAP notes that Nigerian authorities between May 1999 and
March 2011 reviewed upward the salaries and allowances of political
office holders at least on four occasions. However, the salaries
and allowances of judicial officers were only reviewed twice during
the same period.”
“Nigerian government and the RMAFC have the duty to
provide adequate resources to enable the judiciary to properly
perform its functions.”
“As a safeguard of judicial independence, the courts’ budget
ought to be prepared in collaboration with the judiciary having
regard to the needs and requirements of judicial administration.
Furthermore, the remuneration and pensions of judges must be
secured by law at an adequate level that is consistent with their
status and is sufficient to safeguard against conflict of interest
and corruption.”
“Nigerians would continue to be denied access to justice, to a
better judiciary and a better administration of justice until
judges across the country are paid what they deserve.”
“SERAP urges you and the RMAFC to separate the review of
remuneration and salaries for judges from that of political
office-holders. This would ensure fairness, and that judges receive
the justice they so conscientiously dispense to others.”
The letter is copied to Dr Ahmad Lawan, Senate President; Mr
Femi Gbajabiamila, Speaker of House of Representatives; Mr
Ekpo Nta, Chairman, National Salaries, Incomes and Wages Commission
(NSIWC); and the National Judicial Council.