Will Increase In Judges’ Salaries Curb Corruption In Nigeria’s Judicial System? By Alex Enumah
Last week, President Bola Tinubu signed into law a bill stipulating a 300 percent salaries for nation’s judicial officers. However, it is the concession of a cross section of Nigerians that improved salaries is not enough towards establishing an efficient and effective justice system. Alex Enumah reports.
President Bola Tinubu recently signed into law a bill seeking to increase the salaries and allowances of judges in the country by 300 percent. The signing was following the passage of the bill by the Nigerian Senate in June this year. Recall that the House of Representatives had earlier passed the bill in March this year.
The new salaries and allowances take effect from January 1, 2024, as their provisions were already captured in the 2024 appropriation. The new law allows the Chief Justice of Nigeria (CJN) take home N64 million annually and N5.39 million monthly. Other justices of the Supreme Court however takes home N5,046,308 monthly. While the President of the Court of Appeal takes home N5,211,541 monthly, the Chief Judge of the Federal High Court, President of the National Industrial Court; Chief Judge of FCT High Court; Grand Kadi of FCT Sharia Court of Appeal; President of the FCT Customary Court of Appeal; Chief Judge of State High Court; Grand Kadi of State Sharia Court of Appeal and President of the State Customary Court of Appeal, take home N4,192,597 monthly. Other judges in the various trial courts however take home a monthly total package of N3,671,272.84.
A statement by Tinubu’s Special Adviser on Senate Matters, Basheer Lado, indicated that the signing of the bill demonstrates the president’s “unwavering commitment” to the welfare of Nigeria’s workforce and recognition of the role the judicial officers play in justice dispensation.
“This landmark decision reflects Mr. President’s profound dedication to ensuring that every salary earner in Nigeria, especially those serving in vital and strategic roles, receives the recognition and compensation they deserve.
“By prioritizing the financial well-being of our judicial officers, Mr. President is not only reinforcing the integrity of our justice system but also setting a new standard for leadership that truly values the hard work and sacrifices of all Nigerian workers.
This action by the president has earned him accolades from many quarters of the Nigerian society and even beyond, especially coming after a very long time of complaints, protest and even court cases.
Recall that the last time the salaries and allowances of judges were reviewed was 17 years ago. Despite a court order directing the federal government to commence immediate review of the salary, nothing concrete was seen until the coming of the Tinubu administration last year. Recall that Justice Osatohanmwen Obaseki-Osaghae, of the National Industrial Court, Abuja had in a judgement in 2022, held that the current salaries and allowances of judicial officers in the country was not only abysmally low but embarrassing and accordingly ordered the federal government to put machinery in place for the immediate review of the salaries and allowances of the judicial officers.
The judge subsequently ordered the federal government to commence a monthly payment of N10 million to the Chief Justice of Nigeria (CJN), N9 million to other justices of the apex court, President of Court of Appeal, N9 million while other justices of the appellate court N8 million, Chief Judges of both Federal and States HIgh Courts N8 million while judges of the Federal and States HIgh Courts N7 million, Heads of Sharia Court of Appeal and its counterpart in the Customary Court, N8 million and N7 million for the judges in both courts. The judge in addition held that the federal government shall continue to carry out yearly or once in two years review of the salaries and allowances of the judicial officers.
According to Justice Obaseki-Osaghae, the refusal of the government to review the judicial officers’ salaries and allowances for 14 years was unconstitutional, unlawful, adding that the Industrial Court has the power to compel the government to do the needful. She lamented that it was unfortunate that justices and judges who are ministers in the Temple of Justice have become “victims of great injustice” in the country.
The fruit of this judgement was however not reaped until last week when President Tinubu signed into law ‘A Bill for an Act to prescribe the salaries, allowances and fringe benefits of judicial office holders in Nigeria and for related matters’. To many Nigerians, although, it is long over due, however the president is worthy of commendation.
“The increase in the salary of judges is a most welcome development. Once again, this is one of the biggest achievements of the PBAT Administration so far. Judges have contributed immensely to the stability of the country’s democracy. They deserve a decent pay and reasonable working conditions”, says a law Professor and President of the Center for Socio-Legal Studies (CSLS), Professor Yemi Akinseye-Goerge (SAN).
Sharing a similar view is a former Secretary of the Nigerian Bar Association ( NBA), Benin branch, Mr Andrew Lawani, who expressed confidence that the new pay would definitely spur judges at all levels to begin to give their all in the service of humanity and the country at large. “I believe the increase will enhance their efficiency because when a man is well paid, the motivation to put in his best will be there. When a man is not thinking of where the next meal will come from, he will be energized, when a man lives in a comfortable environment, he will give his best, he can put a roof over his head”, Lawani said.
However, some have argued that as good as this gesture may seem, it alone cannot tackle the issue of corruption which is the bane of the country’s judiciary. It is also argued that enhancing the welfare of judicial officers without putting other measures in place cannot bring about desired efficiency or make the sector more effective. According to Akinseye-Goerge, whether the improvement in salary will bring about greater productivity and efficiency depends on a host of factors. He listed the availability of a sound leadership by the Head of the Judiciary to provide improved oversight, monitoring and evaluation of the work of judges as very crucial. “There are many judges who will do the right thing on their own but also there are many who need to be monitored.The NJC and the heads of courts must set up clear guidelines for improved judicial oversight, quality control and accountability”, he said.
The law Professor in addition called for a review of the system of delivering quarterly return for being inadequate, adding that the quality of the work done must be checked. “The NJC needs to establish a strong task force consisting of retired judges, experienced legal practitioners and civil society activists to create a system of monitoring judicial performance right from the level of the Supreme Court to the lowest courts.
“The enhanced salary structure must be counter balanced with new measures for higher productivity, oversight and accountability without undue interference with judicial independence. Furthermore, the working conditions and environment also must be improved to enable the judges to function well. This includes the registries and the administrative support system of the courts. So improving salaries alone is not enough. Much more needs to be done”, he submitted.
The need to revamp the disciplinary system of the NJC was also raised. According to Akinseye-Goerge any judge who is guilty of abuse of office by collecting bribes must be shown the way out, prosecuted, and not merely retired to go and enjoy the illicit gains of his or her corrupt practices or sale of office. The procedure it was noted must be fair and transparent so that innocent judges are not victimized. So there is so much that needs to be done to make the new salary regime more beneficial to the nation.
Meanwhile, the NBA at all levels is expected to constitute a strong watchdog system to periodically provide confidential reports to the NJC on judges, so as to uproot lazy and corrupt judges from the system.
Also stakeholders want the system of appointing judges reformed and made more transparent and rigorous, so that only those who merit such appointments in terms of character and learning are appointed. “In the long run, the NJC needs to be reconfigured. The Constitution must be be amended to restructure the NJC. The office of the CJN as presently structured is too powerful. Power corrupts, absolute power corrupts absolutely. The FJSC and the NJC should not be headed by the same person who appoints the greater majority of the members of the NJC.
“In short, the recommendations of the National Justice Summit of 2024 Organised by the HAGF, NJC, NBA and RoLAC must be urgently implemented so as to correct the defects in the structure of the judiciary and the NJC. That is the only way to reap the full benefits of the enhanced salaries for judges”, Akinseye-Goerge concluded.
On whether the salary increase would reduce if not eradicate the issue of corruption, Lawani was quick to posit that, “when a man is corrupt, it does not matter how much you pay him, he will not be satisfied, he will still cut corners. But generally speaking, this increase will greatly reduce the alleged corruption in the judiciary, the take home pay will reduce the temptation to take bribe to pervert justice, in all I believe going forward, the judiciary will be good for it with this increase in the salaries and allowances of Judges and I appeal to our Judges to reciprocate this gesture in doubling their efforts towards efficient and speedy justice delivery.
For an Abuja based legal practitioner, Emmanuel Umahi, the 300 percent salary increase for judges was a “misnomer” because the president was reluctant in increasing the meagre salaries of civil servants. Umahi also expressed believe that anything outside a comprehensive reform of the judiciary would have any meaningful impact.
“I consider it a misnomer for president Bola Tinubu to have okayed 300% pay rise for judicial officers whereas he reluctantly increased Nigeria’s minimum wage from N30,000 to N70,000, representing a paltry 133% increase.
“However, it’s important to note that while increasing judges’ salaries may help reduce corruption, it is not a stand alone solution. This is because the pay rise is not a key answer to the problem of corruption in the judicial landscape. Even if you give our judges the whole money in the world without looking at the root causes of corruption amongst judges, the expected results will tumble.
“Comprehensive reforms, including strengthening judicial independence, improving transparency, and enhancing accountability measures, are the crucial elements needed in the fight against corruption in the Nigerian judiciary. Let’s eskew all these cosmetic approaches”, he submitted.
Whatever positive impact or gains of the 300 percent increase in the salaries and allowances of judges on justice dispensation is only a matter of time.
