‘Are You Saying Judges Have No Right To Ask For Salary Review?’- Judge Rails At FG’s Lawyer
There was disquiet at the National Industrial Court sitting in Abuja on Tuesday when a lawyer representing the Office of the Attorney General of the Federation suggested by his argument that judicial officers are employees of the government who have no right to demand an upward review of their salaries.
Justice Osatohanmwen Obaseki-Osagie, who presided over the suit which sought the upward review of the salaries and allowances of judicial officers, was taken aback by the words of the AGF’s lawyer.
The claimant had argued that the Chief Justice of Nigeria has earned 3.4 million naira per annum for the past 14 years, and prayed the court to order upward review of CJN’s pay to N12m monthly for the Supreme Court Justices and between N7m to 10m monthly for respective lower court judges.
The AGF’s lawyer, Mr. Ekene. E , while adopting his final written address in the case, challenged the jurisdiction of the court to hear the suit filed by a number of Senior Advocates represented by Chief Adegboyega Awomolo, SAN.
The AGF’s lawyer maintained that he is not arguing that the judicial officers are not entitled to better salaries, but that the claimant has not disclosed sufficient reasons on how he is directly affected by the case to even come to court.
He said that the proper party to appear before the court is either a judicial officer or the statutory body saddled with the responsibility of reviewing salaries.
“We are saying that the NASS and Revenue Commission had already determined the salaries of judicial officers,” he said.
He added that the National Salaries and Incomes and Wages Commission is vested with the powers to recommend salary review but they were not served as party to the case.
But the presiding judge cuts in, saying “Are those part of your address? You cannot go there.”
” Are you saying the salary reviews of the judges from Supreme Court downwards is not a legal right! Is that what you are saying?, the judge railed at the lawyer.
The AGF’s lawyer went on to say that the claimant is trying to force the court to set a new salary for the judges, a responsibility that an agency of the federal government is saddled with.
“Mr Ekene E. limit yourself to your submission, don’t go beyond that,” the judge interjected again.
The claimant’s lawyer also asked the AGF’s lawyer to stick to his earlier submission on the court jurisdiction and not bring up fresh issues that will require a reply.
The judge asked what was sensitive about the upward review of the salary of Nigerian judges
“For 14 years, the Nigerian judges all over have been on the same salary,” the judge said.
On his part, the claimant, Awomolo said his originating summons relate principally to whether the first (National Assembly) and second defendants (Revenue Allocation and Fiscal Mobilization Commission) can refuse, fail and neglect to upwardly review the basic salaries and allowances of judicial officials as mentioned in 1999 constitution as amended.
He said : “The second issue is whether the public officers can be compelled by the court for failing in their constitutional responsibility.
“We submit that this court has powers to direct these public officers to perform their constitutional function.”
