SERAP: Stop Wike, governors from offering cars, houses to judges, NGO tells Tinubu

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Ahmed Tinubu to stop the Federal Capital Territory (FCT) minister, Mr. Nyesom Wike, and the 36 state governors in Nigeria from offering cars, and houses to judges.

As reported by the Diaspora Digital Media (DDM), SERAP in an open letter dated November 9, 2024, signed by the Deputy Director of SERAP, Mr. Kolawole Oluwadare, emphasized the importance of judicial independence, stating that politicians should refrain from interfering with the judiciary and instead respect and protect its integrity.

“Politicians must treat judges with dignity and respect to ensure their independence and impartiality,” Kolawole said.

“SERAP emphasized that such practices undermine the judiciary’s independence and are unconstitutional, violating the principles of separation of powers, checks and balances, and the rule of law.

“This can create the perception that the judiciary is subservient to the executive, compromising its integrity,” the NGO stated.

Also in the letter, SERAP called on Tinubu to take action against the questionable practice of executive members giving cars and houses to judges.

Specifically, it requested the President to instruct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, to challenge this practice in court, citing concerns over its constitutionality and legality.

SERAP stated that “the Nigerian constitution and international standards clearly establish the judiciary’s independence from both the executive and legislative branches.”

Gistreel reported that “the letter to UN Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, emphasizes the critical need to uphold the separation of powers.

The letter read “SERAP is calling for significant improvements in judiciary funding to boost working conditions, welfare, and pensions.”

“This will help to safeguard the judiciary’s independence and autonomy through existing constitutional channels, ensuring judges remain free from executive influence.”

“Your government has a critical responsibility to uphold public trust in the judiciary and protect the rule of law, as mandated by both national and international laws.”

“We kindly request implementation of the recommended measures within 7 days of receipt/publication of this letter. Failure to comply may prompt SERAP to seek legal recourse, compelling your government and state attorneys general to act in the public interest.”

“Allegations of executives in the FCT and various states providing cars and houses to judges without adhering to constitutional or procedural guidelines raise concerns about the erosion of the rule of law, impartial justice, and access to effective remedies.”

“Upholding constitutional provisions and international standards on judicial financial autonomy is crucial for maintaining the delicate balance of power between the executive and judiciary, and safeguarding judicial integrity and independence.”

“Your government has a constitutional duty to guarantee the equal stature and independence of the judiciary, executive, and legislative branches, thereby preserving the fundamental principles of separation of powers and checks and balances.”

“An autonomous judiciary is crucial for upholding the separation of powers; hence, its financial independence from the executive branch is indispensable.”

“A democratic society relies on the rule of law as its foundation, providing a framework for individuals, corporations, public institutions, and the executive to conduct their affairs. An independent judiciary is crucial for upholding this principle.”

“SERAP is calling on you to instruct Mr. Fagbemi to guarantee that Mr. Wike and the 36 state governors fully comply with sections 81(3) and 121(3)(a)-(h) of the Nigerian Constitution 1999, as amended.”

“This includes ensuring that the judiciary’s integrity and independence are respected and protected.”

“SERAP urges you to direct the Federal Executive Council to cease approving the construction of houses for judges, as this practice undermines Nigeria’s constitutional provisions and international obligations.

“By ending this practice, you’ll safeguard judicial autonomy and integrity.”

Earlier reports stated that “the Federal Executive Council (FEC) has given the green light for the construction of 40 houses in Abuja specifically for judges of the Federal High Court and the Court of Appeal.”

“The project was reported to fall under President Bola Ahmed Tinubu’s Renewed Hope Agenda, to provide secure and convenient accommodations for members of the judiciary.”

“Several Nigerian state governors, including those from Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers, have reportedly been giving cars and houses to judges in their respective states.”

“This practice has raised concerns about the potential impact on the independence and impartiality of the judiciary.”

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