SERAP Cautions FCT Minister And Governors Against Undermining Judicial Independence, Urges Presidential Action
The Socio-Economic Rights and Accountability Project (SERAP) has issued a fresh warning to FCT Minister Nyesom Wike and Nigeria’s 36 state governors, advising them against infringing on the authority of the National Judicial Council (NJC) and the judiciary’s autonomy.
In a letter dated November 9, 2024, signed by SERAP’s Deputy Director Kolawole Oluwadare, and shared with media outlets, SERAP urged President Bola Tinubu to address actions that, it argues, portray the judiciary as subservient to the executive. The organization also called on the president to instruct the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, to legally challenge the practice of gifting judges with cars and houses in Abuja and across states.
In its letter—copied to UN Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite—SERAP also asked the president to enhance judicial working conditions through existing constitutional mechanisms, asserting that the government is duty-bound to “safeguard the rule of law.”
The Federal Executive Council recently approved constructing 40 housing units for judges and justices in the FCT, a move Minister Wike described as part of the Renewed Hope Housing agenda to provide secure accommodation for judicial officers.
SERAP’s letter noted that, “Several of Nigeria’s 36 state governors, including those of Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers, also reportedly engage in the practice of providing cars and houses to judges in their states.”
In a statement, SERAP argued, “Such practices are 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.”
The organization further emphasized, “Politicians should respect and protect the judiciary’s independence. The Nigerian Constitution and international standards affirm that the judiciary is neither subservient to the executive nor the legislature.”
SERAP appealed to the government to increase judiciary funding to enhance the welfare and working conditions of judges without executive interference. The letter closed with a call for swift action, stating, “We would be grateful if the recommended measures are taken within seven days of receipt and/or publication of this letter. If no response is received, SERAP will consider appropriate legal actions to compel compliance in the public interest.”
