Remember Magistrates Too: Why State Governors Must Address Remuneration By Mbang Confidence
Over the years, many concerned lawyers and activists have lent their voices to the welfare of judicial officers, including calls for an increment in wages. While there have always been some considerations, what seems to be a concrete success was realized this year with the passage of the “Bill for an Act to Prescribe the Salaries, Allowances, and Fringe Benefits of Judicial Office Holders in Nigeria and for Related Matters.” This executive bill, passed by the Senate on June 5th, 2024, and assented to by the President, led to a significant 300% increment in the salaries and allowances of judicial officers. While this is a commendable step towards improving the overall welfare of the judiciary, one might be tempted to ask about the fate of judicial umpires in the lower or inferior courts. In other words, are Magistrates and District Court Judges not entitled to an increment in remuneration?
The importance of the judiciary as an arm of government cannot be overemphasized. The judiciary acts as a middleman between the executive and legislature; it is indeed an umpire among the other branches of government and custodian of our corpus Juris Nigeriane. For purposes of clarity, the term “Judicial Officer,” as provided by Section 318 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), applies/refers only to Justices and Judges of the Superior Courts of record. It does not refer to Magistrates and District Court Judges. Therefore, the recent increment does not include Magistrates and other inferior officers.
The role of Magistrates in our justice system cannot be overemphasized. Empirical analysis reveals that it is not uncommon for a Magistrate to preside over a litany of cases in a single day’s sitting; I have appeared in court where the cause list had over 20 cases before a Magistrate. Although these courts have limited jurisdiction, it does not negate the fact that they handle most of the early cases from the common man in the society. To strengthen these officers, they require adequate remuneration for services rendered to the state. Indeed, they are the unsung heroes of the Judiciary.
Some Justices of the Supreme Court, Court of Appeal, and High Courts rose from the inferior courts, and they can attest to the financial and other challenges faced therein. Today, we celebrate the Acting Chief Justice of Nigeria, Honourable Justice Kekere Ekun, who rose to the peak from being a Magistrate. I am most delighted because the CJN readily serves as a moral booster to serving Magistrates across the nation irrespective of the many challenges. Therefore, it would not be out of place to encourage Magistrates by reviewing their remuneration, the judiciary should not stop advocating now. The National Judicial Council (NJC), in collaboration with the State Judicial Service Commission, the Attorneys-General of the Federation and States, the NBA, the Magistrate Association of Nigeria (MAN), and other relevant stakeholders, should consider an increment in Magistrates’ remuneration. In 2008, the NJC recommended an increase in Magistrates’ salary, but same was never implemented. We hope that with the concerted efforts of the relevant stakeholders above, further recommendations would be considered.
In many states across the federation, Magistrates have been abandoned for several years to face their fate. In fact, I know of a state where 2007 was the last year the state government changed their official vehicles. Fast track to 2024, it has been over 15 years; many of these Magistrates are still in service – awaiting retirement, many now ride on bikes to court to preside over cases, some hire taxis, and some even miss sittings. It is unconscionable that the remuneration of Magistrates across states has lingered for close to two decades with no sign of improvement. Oh, when, how, where, and who will save our dear Magistrates? Do you know?
In light of the foregoing, the level of lack and want amongst Magistrates is responsible for their insecurity, lack of patriotism in service, bribery, and corruption, among other issues. The remuneration of Judges was enhanced, among other reasons, to curb bribery and corruption, strengthen the bench, and reinstate the confidence and patriotism of the bench. And I ask, why bathe a baby from the waist to the head? What happened to the legs? Better put, why not purge the entire judiciary instead of just a cadre of it?
Therefore, this is a clarion call to state governors and league of stakeholders to remember Magistrates in the scheme of things, increase their remuneration (salaries and allowances), and provide conducive environments for justice delivery. The good gesture towards our learned Judges should be extended to Magistrates. With these, we are sure of improved welfare, enhanced independence, attraction and retention of legal talents, boost morale and productivity, and reduction of corruption.
Confidence Mbang is an Abuja-based lawyer. (mbangconfidence714@gmail.com)
