Ubong Sampson – Uyo
Proposing, through a motion, the upward review of judicial officers, Member Representing Etinan/Nsit Ubium/Nsit Ibom Federal Constituency in the House of Representatives, Barr. Onofiok Luke, during plenary on Wednesday, held that starving judicial officers of funds can pose serious threats to the justice system in the country as the judges may find it difficult to maintain impartiality in the course of justice dispensation.
Luke back his position with a consideration of the Fifth Schedule (part one) to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Code of Conduct Tribunal Act which restrain judicial officers from generally receiving gifts and operating private businesses except farming, as well as the Code of Conduct for judicial officers which further limits their engagements by restricting them from maintaining certain social relationships and commenting publicly, all with the aim of insulating judicial officers from any form or semblance of corrupt practices and improper conduct.
He added that poor remuneration of judicial officers is a serious threat to the judiciary, which is a critical institution of the state and starving them of funds compromises their foundational functions and could present misfortune for our democracy as the judicial officers may not maintain impartiality and independence in the discharge of their judicial functions.
Describing as unfair, unconscionable, unjust and unrealistic, the fact that in the face of the several restrictions on the conduct of judicial officers, the judicial officers receive a meagre salary when compared with prevalent economic realities, Luke said the situation renders them vulnerable to corruption.
His motion also prayed the House to consider inflationary pressure and other economic factors that have depreciated the value of the naira by over 60 per cent, thereby causing the salary of judicial officers to become totally at variance with current economic realities.
He noted that the salary of judicial officers was last reviewed by Revenue Mobilization and Fiscal Commission (RMAFC) in 2007 when the official exchange rate was N124 to $1 and the minimum wage was N5,000.
He said the House is aware that the budget for the judiciary has remained at N110 billion since 2017, while the total budget size has continued to grow, leading to gross underfunding and neglect of the Judiciary over the
years, which have affected productivity, increased frustration and deflated the morale of judicial officers
and staff.
He explained that 13 years after the salary review of judicial officers, the Chief Justice of Nigeria (CJN), who is the most senior judicial officer in the country, earns N279,497 monthly, the Justices of the Supreme Court and the President of the Court of Appeal earn N206,425 monthly; Justices of the Court of Appeal earn N206,425 monthly, while Judges of the Federal High Court, National Industrial Court, FCT High Court, state High Courts, FCT Sharia Court of Appeal, FCT Customary Court of Appeal, Khadis of state Sharia Courts of Appeal and state Customary Courts of Appeal all earn N1.8 million each as their annual salary.
Adopting the motion, the House mandated the House Committee on Judiciary to work towards an amendment of the Certain Political, Public and Judicial Office Holder (Salary and Allowances) Act, by removing the remunerations of judicial officers from that of political and public office holders as well as ensure compliance with the aforementioned resolutions
The House also urged the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) to immediately review the remuneration of judicial officers in line with the present economic realities, while urging the federal government to, in line with judicial autonomy, accede to the increase in statutory transfer for the judiciary in the coming fiscal year.
The House further gave the Judiciary Committee six weeks to carry out the assignment and report back for further legislative action.