The Sorry State Of Judiciary Budgets And Judges’ Salaries

This opportune article by Ahuraka Yusuf Isah at
a time when the JUSUN Staff have been on strike for approximately
one month on the issue of the funding of the Judiciary, discusses
the concept of the independence of the Judiciary, the third arm of
Government, vis-a-vis its underfunding, particularly with regard to
the inadequate salaries and allowances paid to our judicial
officers, whom despite the fact that they have one of the busiest
dockets in the world, are so poorly paid. Worse still, our judicial
officers have not had an upward review of their remuneration
packages in at least 13 years, in spite of the inflation and
devaluation in currency that Nigeria has experienced, especially
over the last six years

Why Lawyers Want 5% of Annual Budget for the
Judiciary

This opportune article by Ahuraka Yusuf Isah at a time when the
JUSUN Staff have been on strike for approximately one month on the
issue of the funding of the Judiciary, discusses the concept of the
independence of the Judiciary, the third arm of Government,
vis-a-vis its underfunding, particularly with regard to the
inadequate salaries and allowances paid to our judicial officers,
whom despite the fact that they have one of the busiest dockets in
the world, are so poorly paid. Worse still, our judicial officers
have not had an upward review of their remuneration packages in at
least 13 years, in spite of the inflation and devaluation in
currency that Nigeria has experienced, especially over the last six
years

Like Judges’ salaries, the annual budgeted amount to the
Judiciary has remained static for years. The same N110 billion
budgeted for the Judiciary in 2018, was repeated in 2019, 2020 and
2021, making four consecutive years despite the spiralling
inflation and skyrocketing exchange rate in the country.

The last time salaries of Judges were reviewed, was by virtue of
the ’’Certain Political, Public and Judicial Office Holders
(Salaries and Allowances, etc.) (Amendment) Act 2008’’ that came
into force on February 1, 2007. In other words, Judges’ salaries
have remained static for 12 or 13 years, and still counting. Since
pensions are predicated on salaries, Judges who retired within the
same period have been receiving same pension amounts too.

Observations and Views of Senior Lawyers

Towards the end of last year, some senior Lawyers in the country
including Dr Olisa Agbakoba, SAN, J.B.Daudu, SAN and Augustine
Alegeh, SAN, Chief Mike Ahamba, SAN, Asiwaju Adegboyega Awomolo,
SAN, Alasa Ismaila and Celestine Offia questioned the rationale
behind budgeting same amount of N110 billion to the Judiciary, for
four consecutive years.

The Lawyers who separately spoke to newspaper reporters on the
subject-matter, stated that the allocation of the same amount to
the Judiciary for four years running cannot be justified with any
economic parameters or explanation, because the value of Naira has
depreciated by over 60% in the last four years.

While taking turns to lament over the yearly declining Judiciary
budgets, the Lawyers observed that the Judiciary appears to be
particularly worse off under the President Buhari administration.
They asked the NJC to obey the judgement of Justice Mohammed
Mohammed of the Federal High Court in Abuja in Olisa Agbakoba v
AGF, NJC & NASS, which ordered the Council to assert its
constitutional authority to get its funding directly from NASS, and
not the Executive.

According to Agbakoba, ‘’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 v AGF, NJC &
NASS’’.

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 on to 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 4 years, the economy has suffered a serious
downturn, the value of the Naira has depreciated by at least 60%.
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 four 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 Government to improve its funding’’, Daudu stated.

Alegeh 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 advice the Executive and the Legislature to reconsider
Judiciary’s 2021 budget of N110 billion, 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’’, Alegeh said.

Asiwaju Awomolo: “The nation’s Judiciary under President
Buhari’s watch, has 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”.

According to Ahamba, ‘’The CJN can draw the attention of the NBA
to the sad trend and development in which Judiciary is treated as
pariah third arm of Government, by allocating N110 billion to it in
four consecutive years.

‘’It is unheard of that the Judiciary would submit N18 proposal,
only to be allocated with N110 billion. 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’’, Ahamba
said.

However, Ismaila said, ‘’No one can believe that Judiciary used
to receive N150 billion budget approval in this country. Budget
allocations to it have been declining in quantity and percentage
share of the nation budget. While the 2010 allocation of N95
billion 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’’, he said.

Offia said, “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 judiciary
budget must not fall below 5% of the total annual budget of the
country, and so also in the states. Judiciary had at certain time
used to get N150 billion budget for a year when the total budget of
the country is not up to a quarter of what it is today’’, he
said.

Malami Insists Judges’ Salaries Will be Reviewed
Soon

Over a year ago, the Minister of Justice and the
Attorney-General of the Federation (AGF), Abubakar Malam, SAN,
disclosed that the Federal Government had constituted a Committee
to review the salaries and other benefits of the judicial officers
in the country. Precisely, Malami stated this in the speech he
delivered at the special session of the Supreme Court to mark the
beginning of the new legal year and conferment of the rank of
Senior Advocate of Nigeria held on Monday September 23, 2019.
According to Malami, the setting up of the Panel came after the
meeting he had with the Chief Justice of Nigeria (CJN), Hon.
Justice Ibrahim Tanko Muhammad, on the review of judicial salaries
and conditions of service.

The Committee, the AGF said would consult with the heads of
courts and other stakeholders, in order to come up with
recommendations to ensure that the welfare of judicial officers
reflect current realities. Although the AGF didn’t disclose when
the Panel was set up and who are its members, he added that the
report of the Committee was expected to be turned in and
concurrently used to upwardly review the Judges’ salaries, as soon
as possible.

‘’Similarly, based on a presidential mandate and a meeting held
between My Lord, the Chief Justice of Nigeria and the Hon.
Attorney-General of the Federation, the Committee on the Review of
Judicial Salaries and Conditions of Service was constituted.

‘’In coming up with its recommendations to ensure that the
welfare of our noble judicial officers reflect the current
realities, the Committee consulted with all Heads of Courts and
other stakeholders. I can assure this noble gathering, that the
efforts of the Committee will soon materialise for the good of our
dear country’’, AGF stated.

Meanwhile, the AGF reiterated on April 12, 2021 that the
salaries of Judges and other judicial officers across the country,
will soon be reviewed. He made this known during an interview with
newsmen, at the commissioning of Sokoto State High Court of Justice
Complex

“Regarding the welfare package of our noble judicial officers, I
must make reference to the Presidential mandate given in that
regard, and I am glad to inform you that several meetings have been
held, as a result of which the Committee on the Review of Judicial
Salaries and Conditions of Service was constituted, to ensure that
welfare of our judicial officers reflect current realities of our
time. I am to assure this noble gathering, that the efforts of the
Committee will soon materialise for the good of our dear judicial
officers and our country.”

Current Judges’ Salaries

From all indications, the salaries and allowances of Nigerian
Judges at the Federal and State levels, have remained static for
over twelve years to date. Besides, findings have also shown that
the total number of Judges at the Federal and State Judiciary
Services in the entire country which stood at 1062 in 2015, only
moved to 1067 in 2019, and 1071 in 2021. The record also shows that
the 1071 Judges in the country, are made up of 248 and 819 Federal
and State Judicial Officers (Judges) respectively. These were the
existing figures before the appointment of four additional Judicial
Officers to make up Supreme Court Bench to 20 Justices. It should
be borne in mind that appointments of Judges, whether at a court of
first instance or appellate courts, are made pursuant to vacancies
often created due to retirement, death or otherwise.

The last time salaries of Judges were reviewed in the country,
was by the ’’Certain Political, Public and Judicial Office Holders
(Salaries and Allowances, etc.) (Amendment) Act, 2008’’ which came
into force on February 1, 2007. This law which repealed a similar
Act of 2002 to increase Judges basic salaries, allowances and
fringe benefits in 2007 has not been reviewed, and as such Judges
have been earning the same take home pay since 2007.

It has to be understood that there is no senior, junior or
probating Judges within the same court of coordinate jurisdiction.
Judges are only promoted from a lower to a higher court, like from
the High Court to Court of Appeal and to the Supreme Court if there
are vacancies occasioned by retirement, resignation, removal or
death. Hence, a judicial officer who was elevated to the Supreme
Court Bench in 2008, has been earning same salary amount since
then.

Breakdown of Judges’ Salaries and
Allowances

By virtue of the ‘’Certain Political, Public and Judicial Office
Holders (Salaries and Allowances, etc.) (Amendment) Act, 2008’’,
CJN’s annual basic salary is N3,353,972.50 (or N279,497.71
monthly), while other Justices of the Supreme Court and the
President of the Court of Appeal receive N2,477,110.00 as basic
annual salary or N206,425.83 monthly.

Justices of the Court of Appeal, Chief Judge of the Federal High
Court, Chief Judge of the FCT High Court and President of the
Industrial High Court, Grand Khadi of State and FCT Sharia Court of
Appeal, President FCT and State Customary Court of Appeal earn
annual basic salary of N1,995,430.18 each. In addition, Judges of
the Federal, State and FCT High Courts, National Industrial Court,
Khadi Sharia Court of Appeal in FCT and State; and FCT and State
Customary Courts also earn annual basic salary of N1,804,740
each.

The Act also dictates the allowances and fringe benefits payable
to the judicial officers at the Federal and States’ levels, which
are predicated on the annual basic salaries on a percentage basis.
The law names such allowances to include accommodation, utilities,
domestic staff, entertainment, medical, security, furniture,
personal assistance, motor vehicle loan, severance gratuity and
retirement benefit. Others are leave allowance, motor maintenance
and fuel, hardship, newspaper, estacode duty tour, outfit and
special assistant allowances.

The Act says the accommodation, medical, security and special
assistance allowances and benefits won’t be paid, but provided by
NJC.

Furniture allowance is paid every four years, while the leave
allowance is earned once in a year. The car loan facility is
optional; it is a benefit noticed more in the papers than the
beneficiaries, according a serving Judge who doesn’t want to be
mentioned.

While the CJN gets $2000 estacode when he travels, other Supreme
Court Justices and the President of the Court of Appeal get $1300
of estacode each. Others get between $600 and $1100 estacode
each.

Judges’ retirement benefits from CJN down the line, are based on
scheme of service. These earnings are however, according to the
Act, exclusive of tax.

By the time the basic salary, allowances and fringe benefits are
posted, the CJN and other Justices of the Supreme Court receive
monthly salary alerts of N480,766.89 and N751,000.00 in their bank
accounts, respectively. The CJN’s net monthly salary is even lower
than that of his brother Justices, because of deductions made on
account of other monetary and material provisions such as food
items, which are provided to him by the Federal Government.

Contrary to media reports speculating various figures the
nation’s Judicial Officers earn annually, but based on NJC records,
Judges all over the country at the Federal and States’ Judicial
Service earn a total of N8,654,954,541.97, approximately N8.7
billion.

A total of 1071 Judicial Officers, both at the Federal and State
levels, are on the pay roll of the National Judicial Council (NJC).
While N2,256,351,435.33 (that is, N2.3 billion approximately) was
paid to the 252 Federal Judicial Officers including the Chief
Justice of Nigeria in 2019, a sum of N6,398,303,106.64 (N6.4
billion approximately) was paid as salaries and allowances to 819
State Judicial Officers. In other words, both the Federal and State
Judicial Officers earn the sum of N8.7 billion as salaries and
allowances per annum in Nigeria.

A further breakdown shows that the 252 Judicial Officers
comprise of the Chief Justice of Nigeria, other Justices of the
Supreme Court, President of the Court of Appeal, other Justices of
the Court of Appeal, and Justices of the Federal High Court,
Federal Capital Territory High Court, National Industrial Court,
Sharia Court of Appeal and Customary Court of Appeal and their
heads. At the same time, the 819 State Judicial Officers are made
up of 70 heads of court (that is, 36 Chief Judges, 17 Grand Khadis
and 17 Presidents of Customary Court of Appeal); and 744 Judicial
Officers.

Take for instance, in 2015; N7.00 billion was appropriated for
the Supreme Court by the National Assembly. Out of that,
N304,137,542.21 was budgeted for the ‘’consolidated salary of
Justices’’ of the Supreme Court, N1,122,909,366.76,
N2,795,953,091.03 and N2,777,000,000.00 were budgeted for the
Supreme Court staff salary, overhead and capital respectively. In
other words, the Supreme Court staff salary appropriation was
almost four times that of the Justices of the Apex Court.

The Court of Appeal in the same 2015 appropriation got N11.10
billion, which was made up of N1.214 billion consolidated salary of
Justices of the Court of Appeal, N2. 699 billion personnel, N4.699
billion Overheads (including Election Tribunal) and N2.496 billion
for capital expenditure. These are the patterns of disbursement
with the Federal High Court, Federal Capital Territory High Court,
National Industrial Court and Customary Court of Appeal (FCT) that
got N12.1 billion, N7.0 billion, N5.6 billion and N3.05 billion
respectively.

Comparison with Other Jurisdictions

It also goes without saying, that the salaries and purchasing
power of Nigerian Judges and their counterparts abroad and in some
African countries, are wide apart by great margins.

In the United State of America, while the Chief Justice, John
Roberts, earns $255,500 (or N118, 807,500) per annum, the eight
Associate Justices earn a healthy pay raise to $244,400 (N113,
646,000). The current salary for Supreme Court justices in US, is
significantly higher than the average salaries earned in related
occupations.

The President of the Supreme Court, Lord Chief Justice of
Northern Ireland, Lord President of the Court of Session and Master
of the Rolls, make up Group 1.1 of the scale on £214,165
(N128,070,670), below only the Lord Chief Justice of England and
Wales, who earns £239,845 (N143,427,310).

In South Africa, according to the latest report of the
Independent Commission for the Remuneration of Public Office
Bearers, chaired by Judge Willie Seriti, Judges in the High and
Labour Courts earned annual salaries of R1.4 million (or N46.9
million). Judge-Presidents (heads of court) pocket R1.6million
(N53.6m) a year, Constitutional and Supreme Court Judges get R1.7
million (N56.9m) and the Chief Justice earns R2.3 million
(N77.0m).The package of the President of the Supreme Court is just
over R2-million a year. When they retire, Judges are entitled to
continue drawing their salaries and other benefits, which continue
to qualify for an annual increase.

Conclusion

It is time that Nigeria takes a leaf out of the books of some of
these jurisdictions, and as a matter of urgency, addresses this
crucial issue of inadequate Judges’ remuneration forthwith. With
the ongoing JUSUN strike, this is as good a time as any, to resolve
the outstanding issues holistically.

Ahuraka Yusuf Isah, Abuja

This opportune article by Ahuraka Yusuf Isah at
a time when the JUSUN Staff have been on strike for approximately
one month on the issue of the funding of the Judiciary, discusses
the concept of the independence of the Judiciary, the third arm of
Government, vis-a-vis its underfunding, particularly with regard to
the inadequate salaries and allowances paid to our judicial
officers, whom despite the fact that they have one of the busiest
dockets in the world, are so poorly paid. Worse still, our judicial
officers have not had an upward review of their remuneration
packages in at least 13 years, in spite of the inflation and
devaluation in currency that Nigeria has experienced, especially
over the last six years

Why Lawyers Want 5% of Annual Budget for the
Judiciary

This opportune article by Ahuraka Yusuf Isah at a time when the
JUSUN Staff have been on strike for approximately one month on the
issue of the funding of the Judiciary, discusses the concept of the
independence of the Judiciary, the third arm of Government,
vis-a-vis its underfunding, particularly with regard to the
inadequate salaries and allowances paid to our judicial officers,
whom despite the fact that they have one of the busiest dockets in
the world, are so poorly paid. Worse still, our judicial officers
have not had an upward review of their remuneration packages in at
least 13 years, in spite of the inflation and devaluation in
currency that Nigeria has experienced, especially over the last six
years

Like Judges’ salaries, the annual budgeted amount to the
Judiciary has remained static for years. The same N110 billion
budgeted for the Judiciary in 2018, was repeated in 2019, 2020 and
2021, making four consecutive years despite the spiralling
inflation and skyrocketing exchange rate in the country.

The last time salaries of Judges were reviewed, was by virtue of
the ’’Certain Political, Public and Judicial Office Holders
(Salaries and Allowances, etc.) (Amendment) Act 2008’’ that came
into force on February 1, 2007. In other words, Judges’ salaries
have remained static for 12 or 13 years, and still counting. Since
pensions are predicated on salaries, Judges who retired within the
same period have been receiving same pension amounts too.

Observations and Views of Senior Lawyers

Towards the end of last year, some senior Lawyers in the country
including Dr Olisa Agbakoba, SAN, J.B.Daudu, SAN and Augustine
Alegeh, SAN, Chief Mike Ahamba, SAN, Asiwaju Adegboyega Awomolo,
SAN, Alasa Ismaila and Celestine Offia questioned the rationale
behind budgeting same amount of N110 billion to the Judiciary, for
four consecutive years.

The Lawyers who separately spoke to newspaper reporters on the
subject-matter, stated that the allocation of the same amount to
the Judiciary for four years running cannot be justified with any
economic parameters or explanation, because the value of Naira has
depreciated by over 60% in the last four years.

While taking turns to lament over the yearly declining Judiciary
budgets, the Lawyers observed that the Judiciary appears to be
particularly worse off under the President Buhari administration.
They asked the NJC to obey the judgement of Justice Mohammed
Mohammed of the Federal High Court in Abuja in Olisa Agbakoba v
AGF, NJC & NASS, which ordered the Council to assert its
constitutional authority to get its funding directly from NASS, and
not the Executive.

According to Agbakoba, ‘’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 v AGF, NJC &
NASS’’.

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 on to 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 4 years, the economy has suffered a serious
downturn, the value of the Naira has depreciated by at least 60%.
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 four 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 Government to improve its funding’’, Daudu stated.

Alegeh 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 advice the Executive and the Legislature to reconsider
Judiciary’s 2021 budget of N110 billion, 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’’, Alegeh said.

Asiwaju Awomolo: “The nation’s Judiciary under President
Buhari’s watch, has 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”.

According to Ahamba, ‘’The CJN can draw the attention of the NBA
to the sad trend and development in which Judiciary is treated as
pariah third arm of Government, by allocating N110 billion to it in
four consecutive years.

‘’It is unheard of that the Judiciary would submit N18 proposal,
only to be allocated with N110 billion. 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’’, Ahamba
said.

However, Ismaila said, ‘’No one can believe that Judiciary used
to receive N150 billion budget approval in this country. Budget
allocations to it have been declining in quantity and percentage
share of the nation budget. While the 2010 allocation of N95
billion 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’’, he said.

Offia said, “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 judiciary
budget must not fall below 5% of the total annual budget of the
country, and so also in the states. Judiciary had at certain time
used to get N150 billion budget for a year when the total budget of
the country is not up to a quarter of what it is today’’, he
said.

Malami Insists Judges’ Salaries Will be Reviewed
Soon

Over a year ago, the Minister of Justice and the
Attorney-General of the Federation (AGF), Abubakar Malam, SAN,
disclosed that the Federal Government had constituted a Committee
to review the salaries and other benefits of the judicial officers
in the country. Precisely, Malami stated this in the speech he
delivered at the special session of the Supreme Court to mark the
beginning of the new legal year and conferment of the rank of
Senior Advocate of Nigeria held on Monday September 23, 2019.
According to Malami, the setting up of the Panel came after the
meeting he had with the Chief Justice of Nigeria (CJN), Hon.
Justice Ibrahim Tanko Muhammad, on the review of judicial salaries
and conditions of service.

The Committee, the AGF said would consult with the heads of
courts and other stakeholders, in order to come up with
recommendations to ensure that the welfare of judicial officers
reflect current realities. Although the AGF didn’t disclose when
the Panel was set up and who are its members, he added that the
report of the Committee was expected to be turned in and
concurrently used to upwardly review the Judges’ salaries, as soon
as possible.

‘’Similarly, based on a presidential mandate and a meeting held
between My Lord, the Chief Justice of Nigeria and the Hon.
Attorney-General of the Federation, the Committee on the Review of
Judicial Salaries and Conditions of Service was constituted.

‘’In coming up with its recommendations to ensure that the
welfare of our noble judicial officers reflect the current
realities, the Committee consulted with all Heads of Courts and
other stakeholders. I can assure this noble gathering, that the
efforts of the Committee will soon materialise for the good of our
dear country’’, AGF stated.

Meanwhile, the AGF reiterated on April 12, 2021 that the
salaries of Judges and other judicial officers across the country,
will soon be reviewed. He made this known during an interview with
newsmen, at the commissioning of Sokoto State High Court of Justice
Complex

“Regarding the welfare package of our noble judicial officers, I
must make reference to the Presidential mandate given in that
regard, and I am glad to inform you that several meetings have been
held, as a result of which the Committee on the Review of Judicial
Salaries and Conditions of Service was constituted, to ensure that
welfare of our judicial officers reflect current realities of our
time. I am to assure this noble gathering, that the efforts of the
Committee will soon materialise for the good of our dear judicial
officers and our country.”

Current Judges’ Salaries

From all indications, the salaries and allowances of Nigerian
Judges at the Federal and State levels, have remained static for
over twelve years to date. Besides, findings have also shown that
the total number of Judges at the Federal and State Judiciary
Services in the entire country which stood at 1062 in 2015, only
moved to 1067 in 2019, and 1071 in 2021. The record also shows that
the 1071 Judges in the country, are made up of 248 and 819 Federal
and State Judicial Officers (Judges) respectively. These were the
existing figures before the appointment of four additional Judicial
Officers to make up Supreme Court Bench to 20 Justices. It should
be borne in mind that appointments of Judges, whether at a court of
first instance or appellate courts, are made pursuant to vacancies
often created due to retirement, death or otherwise.

The last time salaries of Judges were reviewed in the country,
was by the ’’Certain Political, Public and Judicial Office Holders
(Salaries and Allowances, etc.) (Amendment) Act, 2008’’ which came
into force on February 1, 2007. This law which repealed a similar
Act of 2002 to increase Judges basic salaries, allowances and
fringe benefits in 2007 has not been reviewed, and as such Judges
have been earning the same take home pay since 2007.

It has to be understood that there is no senior, junior or
probating Judges within the same court of coordinate jurisdiction.
Judges are only promoted from a lower to a higher court, like from
the High Court to Court of Appeal and to the Supreme Court if there
are vacancies occasioned by retirement, resignation, removal or
death. Hence, a judicial officer who was elevated to the Supreme
Court Bench in 2008, has been earning same salary amount since
then.

Breakdown of Judges’ Salaries and
Allowances

By virtue of the ‘’Certain Political, Public and Judicial Office
Holders (Salaries and Allowances, etc.) (Amendment) Act, 2008’’,
CJN’s annual basic salary is N3,353,972.50 (or N279,497.71
monthly), while other Justices of the Supreme Court and the
President of the Court of Appeal receive N2,477,110.00 as basic
annual salary or N206,425.83 monthly.

Justices of the Court of Appeal, Chief Judge of the Federal High
Court, Chief Judge of the FCT High Court and President of the
Industrial High Court, Grand Khadi of State and FCT Sharia Court of
Appeal, President FCT and State Customary Court of Appeal earn
annual basic salary of N1,995,430.18 each. In addition, Judges of
the Federal, State and FCT High Courts, National Industrial Court,
Khadi Sharia Court of Appeal in FCT and State; and FCT and State
Customary Courts also earn annual basic salary of N1,804,740
each.

The Act also dictates the allowances and fringe benefits payable
to the judicial officers at the Federal and States’ levels, which
are predicated on the annual basic salaries on a percentage basis.
The law names such allowances to include accommodation, utilities,
domestic staff, entertainment, medical, security, furniture,
personal assistance, motor vehicle loan, severance gratuity and
retirement benefit. Others are leave allowance, motor maintenance
and fuel, hardship, newspaper, estacode duty tour, outfit and
special assistant allowances.

The Act says the accommodation, medical, security and special
assistance allowances and benefits won’t be paid, but provided by
NJC.

Furniture allowance is paid every four years, while the leave
allowance is earned once in a year. The car loan facility is
optional; it is a benefit noticed more in the papers than the
beneficiaries, according a serving Judge who doesn’t want to be
mentioned.

While the CJN gets $2000 estacode when he travels, other Supreme
Court Justices and the President of the Court of Appeal get $1300
of estacode each. Others get between $600 and $1100 estacode
each.

Judges’ retirement benefits from CJN down the line, are based on
scheme of service. These earnings are however, according to the
Act, exclusive of tax.

By the time the basic salary, allowances and fringe benefits are
posted, the CJN and other Justices of the Supreme Court receive
monthly salary alerts of N480,766.89 and N751,000.00 in their bank
accounts, respectively. The CJN’s net monthly salary is even lower
than that of his brother Justices, because of deductions made on
account of other monetary and material provisions such as food
items, which are provided to him by the Federal Government.

Contrary to media reports speculating various figures the
nation’s Judicial Officers earn annually, but based on NJC records,
Judges all over the country at the Federal and States’ Judicial
Service earn a total of N8,654,954,541.97, approximately N8.7
billion.

A total of 1071 Judicial Officers, both at the Federal and State
levels, are on the pay roll of the National Judicial Council (NJC).
While N2,256,351,435.33 (that is, N2.3 billion approximately) was
paid to the 252 Federal Judicial Officers including the Chief
Justice of Nigeria in 2019, a sum of N6,398,303,106.64 (N6.4
billion approximately) was paid as salaries and allowances to 819
State Judicial Officers. In other words, both the Federal and State
Judicial Officers earn the sum of N8.7 billion as salaries and
allowances per annum in Nigeria.

A further breakdown shows that the 252 Judicial Officers
comprise of the Chief Justice of Nigeria, other Justices of the
Supreme Court, President of the Court of Appeal, other Justices of
the Court of Appeal, and Justices of the Federal High Court,
Federal Capital Territory High Court, National Industrial Court,
Sharia Court of Appeal and Customary Court of Appeal and their
heads. At the same time, the 819 State Judicial Officers are made
up of 70 heads of court (that is, 36 Chief Judges, 17 Grand Khadis
and 17 Presidents of Customary Court of Appeal); and 744 Judicial
Officers.

Take for instance, in 2015; N7.00 billion was appropriated for
the Supreme Court by the National Assembly. Out of that,
N304,137,542.21 was budgeted for the ‘’consolidated salary of
Justices’’ of the Supreme Court, N1,122,909,366.76,
N2,795,953,091.03 and N2,777,000,000.00 were budgeted for the
Supreme Court staff salary, overhead and capital respectively. In
other words, the Supreme Court staff salary appropriation was
almost four times that of the Justices of the Apex Court.

The Court of Appeal in the same 2015 appropriation got N11.10
billion, which was made up of N1.214 billion consolidated salary of
Justices of the Court of Appeal, N2. 699 billion personnel, N4.699
billion Overheads (including Election Tribunal) and N2.496 billion
for capital expenditure. These are the patterns of disbursement
with the Federal High Court, Federal Capital Territory High Court,
National Industrial Court and Customary Court of Appeal (FCT) that
got N12.1 billion, N7.0 billion, N5.6 billion and N3.05 billion
respectively.

Comparison with Other Jurisdictions

It also goes without saying, that the salaries and purchasing
power of Nigerian Judges and their counterparts abroad and in some
African countries, are wide apart by great margins.

In the United State of America, while the Chief Justice, John
Roberts, earns $255,500 (or N118, 807,500) per annum, the eight
Associate Justices earn a healthy pay raise to $244,400 (N113,
646,000). The current salary for Supreme Court justices in US, is
significantly higher than the average salaries earned in related
occupations.

The President of the Supreme Court, Lord Chief Justice of
Northern Ireland, Lord President of the Court of Session and Master
of the Rolls, make up Group 1.1 of the scale on £214,165
(N128,070,670), below only the Lord Chief Justice of England and
Wales, who earns £239,845 (N143,427,310).

In South Africa, according to the latest report of the
Independent Commission for the Remuneration of Public Office
Bearers, chaired by Judge Willie Seriti, Judges in the High and
Labour Courts earned annual salaries of R1.4 million (or N46.9
million). Judge-Presidents (heads of court) pocket R1.6million
(N53.6m) a year, Constitutional and Supreme Court Judges get R1.7
million (N56.9m) and the Chief Justice earns R2.3 million
(N77.0m).The package of the President of the Supreme Court is just
over R2-million a year. When they retire, Judges are entitled to
continue drawing their salaries and other benefits, which continue
to qualify for an annual increase.

Conclusion

It is time that Nigeria takes a leaf out of the books of some of
these jurisdictions, and as a matter of urgency, addresses this
crucial issue of inadequate Judges’ remuneration forthwith. With
the ongoing JUSUN strike, this is as good a time as any, to resolve
the outstanding issues holistically.

Ahuraka Yusuf Isah, Abuja