Just In: SERAP Tells President Tinubu To Stop Wike, Governors From Influencing Judges With Car, House Gifts
The Socio-Economic Rights and Accountability Project (SERAP) is calling on President Bola Tinubu to intervene and prevent the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and Nigeria's 36 governors from undermining the authority of the National Judicial Council (NJC) and court heads.
Specifically, SERAP wants the President to stop them from influencing judges through gifts of cars and houses.
In the open letter dated November 9, 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said, "Such practices are clearly antithetical to the constitutional principles of separation of powers, checks and balances and the rule of law, and may create the perception that the judiciary is subservient to the executive.
"SERAP also urged him to ‘direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, as a defender of public interest, to challenge in court the constitutionality and legality of the practices by members of the executive of giving cars and houses to judges in Abuja and across the states.’
"Politicians ought to keep their hands off the judiciary and respect and protect its integrity and independence. Politicians must treat judges with dignity and respect."
SERAP said, "The Nigerian Constitution and international standards make clear that the judiciary is neither subservient to the executive nor the legislature."
The letter, copied to Ms. Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, reads in part: "Undermining the fundamental principle of separation of powers risks constraining the ability of the judiciary to act as a check on the executive.
"SERAP urges you to substantially improve funding for the judiciary to enhance their working conditions, welfare and pensions through existing constitutional arrangements and mechanisms, to uphold the independence and autonomy of the judiciary and to protect judges from executive interference.
"Your government has the constitutional and international obligations to promote public confidence in the judiciary and safeguard the rule of law."
"We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government and the attorneys general of the 36 states to comply with our request in the public interest."
SERAP said the gift of cars and houses to judges by members of the executives in the FCT and across several states “appear to take place without following any constitutional or procedural process, which may have a chilling effect on the rule of law and access to justice and effective remedies".
It said, "According to reports, 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.
"Several of Nigeria's 36 state governors including Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers also reportedly routinely engage in the practices of giving cars and houses to judges in their states
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