SERAP Asks Court To Slash Jumbo Allowances For Buhari, Govs, NASS Members

Socio-Economic Rights and Accountability Project (SERAP) has
asked the Federal High Court in Abuja “to order the Revenue
Mobilization Allocation and Fiscal Commission (RMAFC) and the
National Salaries, Incomes and Wages Commission (NSIWC) to perform
their statutory functions to review downward the remuneration and
allowances of President Muhammadu Buhari, Vice-President Yemi
Osinbajo, 36 governors and members of the National Assembly.”

SERAP is arguing that “slashing jumbo pay for these high-ranking
political office-holders would reduce the unfair pay disparity
between political officer holders and judicial officers, address
the persistent poor treatment of judges, and improve access of
victims of corruption to justice and effective remedies.”

In the suit number FHC/ABJ/CS/658/2021 filed last Friday, SERAP
is seeking: “an order of mandamus to direct and compel the RMAFC to
send its downward review of the remuneration and allowances of
these high-ranking public office holders and recommendations to the
National Assembly for appropriate remedial and legislative action,
as provided for by the Nigerian Constitution 1999 [as
amended].”

SERAP is also seeking “an order of mandamus to direct and compel
the RMAFC to perform its mandatory constitutional duty to urgently
review upward the remuneration, salaries and allowances, as well as
the conditions of service for Nigerian judges.”

Joined in the suit as Respondents are Senate President, Ahmad
Lawan; Speaker of House of Representatives, Femi Gbajabiamila, for
themselves, and on behalf of all members of the Senate and House of
Representative; and the National Judicial Council.

SERAP is arguing that: “While 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 remuneration and allowances of judges are
grossly insufficient to enable them to maintain themselves and
their families in reasonable comfort.”

According to SERAP: “The huge pay disparity between these
high-ranking political officer-holders and judges is unfair, unjust
and discriminatory, especially given the roles of judges to the
people and the country.”

SERAP is also seeking “an order of mandamus to direct and compel
NSIWC to perform its mandatory legal duty to urgently examine,
streamline and recommend upward remuneration and allowances of
Nigerian judges, and to recommend downward review of allowances of
President Buhari, Vice-President Osinbajo, 36 governors and
lawmakers to the National Assembly.”

The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Ms Adelanke Aremo, read in part: “the remuneration
and allowances of judges have fallen substantially behind the
average salaries and allowances of high-ranking political
office-holders such as President, Vice-President, governors and
lawmakers.”

“While government reviewed upward the salaries and allowances of
political office holders on four occasions between May 1999 and
March 2011, the salaries and allowances of judicial officers were
only reviewed twice during the same period.”

“The review of the remuneration, allowances, and conditions of
service for political, public and judicial office holders carried
out by the RMAFC in 2009 shows huge disparity between the
remuneration and allowances of judges and those of high-ranking
political office-holders.”

“The NSIWC in a letter to SERAP admitted that it has powers to
examine, streamline and recommend the salary scales applicable to
each post in the public service but informed us to redirect our
request to the RMAFC.”

“There is a legal duty upon the RMAFC to urgently review
downward the remuneration and allowances of high-ranking political
office-holders.”

“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 continue to enjoy lavish salaries and
allowances.”

“Despite their important roles and responsibilities, Nigerian
judges are poorly treated, particularly when their remuneration,
salaries, allowances, and conditions of service are compared with
that of 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.”

“As a safeguard of judicial independence, the budget of the
judiciary ought to be prepared in collaboration with the judiciary
having regard to the peculiar needs and requirements of judicial
administration.”

“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 bear the brunt of denied access to
justice, a better judiciary and a better administration of justice
until judges across the country are paid what they rightly
deserve.”

No date has been fixed for the hearing of the suit.

Socio-Economic Rights and Accountability Project (SERAP) has
asked the Federal High Court in Abuja “to order the Revenue
Mobilization Allocation and Fiscal Commission (RMAFC) and the
National Salaries, Incomes and Wages Commission (NSIWC) to perform
their statutory functions to review downward the remuneration and
allowances of President Muhammadu Buhari, Vice-President Yemi
Osinbajo, 36 governors and members of the National Assembly.”

SERAP is arguing that “slashing jumbo pay for these high-ranking
political office-holders would reduce the unfair pay disparity
between political officer holders and judicial officers, address
the persistent poor treatment of judges, and improve access of
victims of corruption to justice and effective remedies.”

In the suit number FHC/ABJ/CS/658/2021 filed last Friday, SERAP
is seeking: “an order of mandamus to direct and compel the RMAFC to
send its downward review of the remuneration and allowances of
these high-ranking public office holders and recommendations to the
National Assembly for appropriate remedial and legislative action,
as provided for by the Nigerian Constitution 1999 [as
amended].”

SERAP is also seeking “an order of mandamus to direct and compel
the RMAFC to perform its mandatory constitutional duty to urgently
review upward the remuneration, salaries and allowances, as well as
the conditions of service for Nigerian judges.”

Joined in the suit as Respondents are Senate President, Ahmad
Lawan; Speaker of House of Representatives, Femi Gbajabiamila, for
themselves, and on behalf of all members of the Senate and House of
Representative; and the National Judicial Council.

SERAP is arguing that: “While 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 remuneration and allowances of judges are
grossly insufficient to enable them to maintain themselves and
their families in reasonable comfort.”

According to SERAP: “The huge pay disparity between these
high-ranking political officer-holders and judges is unfair, unjust
and discriminatory, especially given the roles of judges to the
people and the country.”

SERAP is also seeking “an order of mandamus to direct and compel
NSIWC to perform its mandatory legal duty to urgently examine,
streamline and recommend upward remuneration and allowances of
Nigerian judges, and to recommend downward review of allowances of
President Buhari, Vice-President Osinbajo, 36 governors and
lawmakers to the National Assembly.”

The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Ms Adelanke Aremo, read in part: “the remuneration
and allowances of judges have fallen substantially behind the
average salaries and allowances of high-ranking political
office-holders such as President, Vice-President, governors and
lawmakers.”

“While government reviewed upward the salaries and allowances of
political office holders on four occasions between May 1999 and
March 2011, the salaries and allowances of judicial officers were
only reviewed twice during the same period.”

“The review of the remuneration, allowances, and conditions of
service for political, public and judicial office holders carried
out by the RMAFC in 2009 shows huge disparity between the
remuneration and allowances of judges and those of high-ranking
political office-holders.”

“The NSIWC in a letter to SERAP admitted that it has powers to
examine, streamline and recommend the salary scales applicable to
each post in the public service but informed us to redirect our
request to the RMAFC.”

“There is a legal duty upon the RMAFC to urgently review
downward the remuneration and allowances of high-ranking political
office-holders.”

“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 continue to enjoy lavish salaries and
allowances.”

“Despite their important roles and responsibilities, Nigerian
judges are poorly treated, particularly when their remuneration,
salaries, allowances, and conditions of service are compared with
that of 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.”

“As a safeguard of judicial independence, the budget of the
judiciary ought to be prepared in collaboration with the judiciary
having regard to the peculiar needs and requirements of judicial
administration.”

“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 bear the brunt of denied access to
justice, a better judiciary and a better administration of justice
until judges across the country are paid what they rightly
deserve.”

No date has been fixed for the hearing of the suit.