SERAP calls on President Tinubu to stop executive gifts to judges

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to stop the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and Nigeria’s 36 state governors from offering gifts such as cars and houses to judges.

In an open letter dated November 9, 2024, Deputy Director Kolawole Oluwadare argued that these gifts from the executive branch erode judicial independence and foster the perception of judicial dependency on the executive.

SERAP’s letter warned that executive gifts violate constitutional principles, particularly separation of powers, checks and balances, and the rule of law. SERAP cautioned that such actions could diminish public trust in the judiciary's independence.

The organization also urged President Tinubu to direct the Attorney General and Minister of Justice, Lateef Fagbemi (SAN), to legally challenge these practices.

“Politicians must keep their hands off the judiciary, respecting and protecting its integrity and independence,” stated Oluwadare.

SERAP stressed that executive involvement in judicial matters threatens the judiciary's role as a check on executive power.

The letter further requested that President Tinubu strengthen judicial funding and working conditions through constitutionally approved methods, which would provide judges with the financial independence needed to avoid executive influence.

SERAP emphasized that the government bears a constitutional and international obligation to uphold judicial welfare and autonomy.

The letter, also addressed to Ms. Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, highlighted the necessity of upholding separation of powers principles.

“An independent judiciary is essential to the rule of law and serves as the cornerstone of checks and balances,” the letter stated.

SERAP added that the judiciary must be insulated from executive control over funds and assets to preserve its impartiality.

Reports reveal that the Federal Executive Council (FEC) recently approved the construction of 40 houses in Abuja for Federal High Court and Court of Appeal judges. In several states, including Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers, governors routinely provide cars and houses to judges.

SERAP pointed out that such practices bypass the National Judicial Council (NJC) and other constitutional mechanisms established to fund and manage the judiciary.

Citing Sections 81(3) and 121(3) of the Nigerian Constitution, SERAP noted that these sections require judicial funding to be paid directly from the Consolidated Revenue Fund to court heads, excluding executive involvement in judicial finances.

SERAP also referenced the UN Basic Principles on the Independence of the Judiciary, which mandate that states, including Nigeria, protect the judiciary from “any restrictions, improper influences, inducements, pressures, threats, or interferences.”

SERAP reminded President Tinubu of former President Muhammadu Buhari’s Executive Order No. 10 of 2020, aimed at ensuring financial independence for state judiciaries by designating judicial funds as a first-line charge on state revenue.

SERAP urged Tinubu to implement these recommendations within seven days of receiving the letter or face potential legal action. The group cautioned that failure to act would harm the rule of law, compromising access to justice and fair legal remedies.

SERAP concluded by underscoring the critical role of judicial independence in upholding the rule of law in Nigeria, insisting that the executive, which frequently appears in court as a litigant, must not exercise undue influence over the judiciary.

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