SERAP Urges Tinubu To Halt Executive Gifts To Judges

…As group says it’s a threat to judicial independence

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to prevent the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and Nigeria’s 36 state governors from giving gifts such as cars and houses to judges.

In an open letter dated November 9, 2024, signed by Deputy Director, Kolawole Oluwadare, SERAP asserts that these practices undermine the independence of the judiciary and risk creating a perception of judicial subservience to the executive.

SERAP’s letter stated that gifts from the executive branch violate constitutional principles such as the separation of powers, checks and balances, and the rule of law, just as it warned that these actions may weaken public trust in the judiciary’s independence.

SERAP also requested that President Tinubu direct Attorney General and Minister of Justice, Lateef Fagbemi (SAN) to legally challenge these practices.

“Politicians must keep their hands off the judiciary and respect and protect its integrity and independence,” said Oluwadare.

SERAP asserts that by involving themselves in the judiciary’s affairs, members of the executive branch risk reducing the judiciary’s ability to function as a check on the executive.

SERAP’s letter also called on President Tinubu to improve judicial funding and working conditions through constitutionally approved mechanisms.

According to the organization, a stronger financial standing would protect judges from undue executive influence.

SERAP contends that the responsibility for judicial welfare and autonomy lies with the government, which has both constitutional and international obligations to safeguard the judiciary.

The letter, also copied to Ms. Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, emphasizes that the government must uphold the principles of separation of powers.

“An independent judiciary, the essential guardian of the rule of law, is the linchpin of the scheme of checks and balances,” the letter states.

SERAP added that the judiciary must remain insulated from executive control over funds or assets to maintain impartiality.

Reports indicate that the Federal Executive Council (FEC) recently approved the construction of 40 houses in Abuja for judges of the Federal High Court and the Court of Appeal.

In several states, including Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers, governors routinely give cars and houses to judges.

SERAP noted that such practices bypass the National Judicial Council (NJC) and other constitutional channels intended to fund and manage the judiciary.

Citing specific provisions in the Nigerian Constitution, SERAP highlighted Sections 81(3) and 121(3), which mandate direct payment from the Consolidated Revenue Fund to heads of courts, leaving no role for the executive in judicial financing.

These provisions, SERAP argued, ensure judicial autonomy by protecting the judiciary’s financial affairs from executive interference.

SERAP also referenced the UN Basic Principles on the Independence of the Judiciary, which obligate states, including Nigeria, to shield the judiciary from “any restrictions, improper influences, inducements, pressures, threats, or interferences.”

SERAP reminded President Tinubu of former President Muhammadu Buhari’s Executive Order No. 10 of 2020, which aimed to establish financial independence for state judiciaries by making judicial funds a first-line charge on state revenue.

SERAP urged Tinubu to implement its recommendations within seven days of receiving the letter or risk legal action.

The organization warned that failure to address this issue would have a “chilling effect” on the rule of law, potentially compromising access to justice and fair remedies.

SERAP underscored that judicial independence is crucial to maintaining the rule of law in Nigeria.

It insisted that the executive branch, which frequently appears in court as a litigant, must not wield undue influence over the judiciary.

“If the rule of law is to be upheld, it is essential that there should be an independent judiciary,” SERAP stated.