New Telegraph

Judicial authority: Senate seeks better funding, federal character compliance

CHUKWU DAVID, in this report, highlights the concerns and advocacy of the Senate on issues of judicial autonomy, proper funding of the judiciary and the imperative of strictly adhering to the federal character principle in all appointments by the federal and other tiers of government

 

 

Judiciary as one of the three arms of government, has onerous constitutional responsibilities and functions to render to the society, especially as it is rated all over the world as the last home of the common man, where both the high and mighty, the low and the oppressed, can go and obtain justice. However, in Nigeria, there are some fundamental problems that constitute serious impediments to effective operations of this all important arm.

 

They include the age long lack of financial autonomy, inadequate funding as well as poor salaries for judicial officers at both the state and the federal levels.

 

These problems have continually been fingered by stakeholders as reasons behind the Judiciary not being able to live up to its expectations, particularly in delivering justice to the people devoid of financial corruption and other manipulative tendencies.

 

It is in the bid to address these fundamental problems and reposition the Judiciary to serve the people and the country better, that the Ninth Senate, has embarked on a seeming campaign or advocacy to draw the attention of government to the situation.

 

In the forefront of this struggle for the emancipation and strengthening of the Judiciary is the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Michael Opeyemi Bamidele, representing Ekiti Central Senatorial District on the platform of the All Progressives Congress (APC). Bamidele has in several fora, canvassed that the Judiciary should be repositioned for efficient delivery in terms of financial autonomy, adequate funding, better salaries and other entitlements for judicial officers, to insulate them from bribery and other forms of corruption in the discharge of their duties.

 

In October last year, during the screening of the eight justices of the Appeal Court, nominated by President Muhammadu Buhari, for appointment as Supreme Court justices, Bamidele observed that poor remuneration packages for judges and justices were making them vulnerable to corruption in the process of adjudication and dispensation of justice.

 

He stressed that the present situation in the country as regards welfare of judges and justices required a major intervention, noting that the salaries and allowances of judicial officers, judges and justices in Nigeria were last reviewed in 2008 through an Act of Parliament.

 

“As at that time, exchange rate of naira to a US dollar was N117 as against N467 it is now, clearly showing that Judges and Justices salaries have been static over the years and even depreciating in value,” he said.

 

According to the lawmaker, the take home pay of the Justices of Supreme Court per an    num as far as basic salary was concerned was N2.477 million while that of those of the Court of Appeal was N1.995 million and judges of the High Court, N1.804 million. “The poor take home packages for Judges and Justices clearly show that they are not being fortified in anyway against temptation on the line of duty,” he said.

 

On inadequacy of funding of the Judiciary, the politician said: “N110 billion allocation to the judiciary is not enough for this important arm of government. The amount is not up to one percent of the national budget.” Also, during the recent screening of Hon. Justice Salisu Garba Abdullahi as the substantive Chief Judge of the High Court of the Federal Capital Territory (FCT), Abuja, by the Senate Committee, Bamidele emphasized the need for fiscal autonomy for the Judiciary at the State level.

 

He further insisted that the fiscal autonomy of both the Judiciary and the Legislature at the state level, as it was at the federal level, was non-negotiable, ,if these institutions must effectively deliver their mandates to the citizenry.

 

“This is by ensuring autonomy for all arms of government in a way that no arm of government can hold the others to ransom, that itself being the legislative intent of Sections 81 (3) and 121 (3) of the Constitution of the Federal Republic of Nigeria.

“Linked to the desired fiscal autonomy for each of the three arms of Government is also the urgent, cogent and compelling need to ensure fiscal autonomy of each of the tiers (Federal, State and Local) of Government, specifically as it relates to Local Government autonomy, if we must have a healthy democracy founded on true federalism.

 

“It is hoped that our governors would equally see the need to work with the National Assembly in this regard in the course of the ongoing review of the 1999 Constitution by the National Assembly”, he stated. Similarly, worried by the lopsidedness of appointments by President Muhammadu Buhari in the past, Bamidele also implored the Federal Government to always adhere to the federal character principle in all appointments, as a means of sustaining the unity and continued corporate existence of Nigeria.

 

He said: “as the Committee of the Senate that is in charge of Judiciary, Human Rights and Legal Matters, we will like to appeal on behalf of the leadership and our distinguished colleagues in parliament, to urge all the stakeholders who participate in the process of executive and judicial appointments in this country,

 

especially individuals and bodies saddled with the responsibility of making recommendations to the President and Commander-in-Chief of our dear country, to ensure compliance with both the eligibility criteria, as well as the federal character principle, established in our constitution in order to avoid unnecessarily heating up the polity and eroding the unity and strength of our country and in the process, weakening the foundation of our country as well as the hope of its federating units.

 

“In addition to ensuring that potential appointees meet the eligibility criteria stipulated for the relevant public offices into which they are being appointed, adequate care must also be taken to ensure that the federal character principle established by virtue of the clear provision of Section 14, Sub-section (3) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) is not undermined”.

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