Strengthen justice sector by meeting infrastructural, welfare needs of judiciary – NBA Chairman

Chigozie Ikpo, Abuja

The President of the Nigerian Bar Association, NBA, Yakubu Chonoko Maikyau SAN, has urged the Federal Government to improve the Judiciary through Infrastructural development as well as improving the conditions of service of the sector.

He made this call on Monday, while delivering an address at the Annual Legal Year Ceremony of the Court of Appeal, held at the Court of Appeal Headquarters, Abuja

Maikyau decried the poor working condition of the court especially as regards the welfare of Judges. He said the only progress made is an Injunction asking the Federal Government to review the salaries of judges, one which is yet to be implemented.

He noted that for the court to be fully independent, the issue of welfare should be taken care of adding that even the 2018 report of the salary review committee, has now become obsolete as it does not match the present realities.

“the existence of a strong and independent judiciary is critical in the attainment of that state of affairs where justice will not only be present but also be seen to be present. In the Address by the President of the Court of Appeal during the maiden edition of the Legal Year Ceremony of this Court on 13th September, 2021, My Lord lamented the poor working condition of the court and welfare of Justices.

“The salaries and allowances of judges and justices in this country have remained the same since 2008! I am aware that from 13th September, 2021 till date, this situation has not changed. The only development in that regard is the decision of the court in the suit instituted by Chief Sebastian Hon, SAN, against the National Assembly and others, which sought the upward review of the salaries and allowances of Judges and Justices. The suit was determined on the 15th July 2022.

“That 14 Justices of the Supreme Court had to write that revealing letter to the immediate past Chief Justice of Nigeria, is indicative of the sorry state to which the judiciary has fallen in this nation. Yet, not even that embarrassing revelation of the state of affairs in the apex Court in that letter got the Executive and Legislature to consider emergency measures to address the situation.

“Instead, what we see is the upward review of the allowances of Ministers, Permanent Secretaries and top civil servants. The legislators in Nigeria have never had to complain of poor remunerations and/or allowances. On the other hand, the Report of the Committee on the review of Judicial Salaries and Conditions of Service, submitted to the Honourable Attorney General of the Federation since June, 2018, has yielded no positive result. Needless to say that the figures proposed in the

2018 Report will no longer be relevant in addressing the current economic realities confronted by Judges and Justices.

“Notwithstanding the current state of things, the Supreme Court in Appeal No. SC/655/2020, in a rare but unsurprising display of strength of character, declared unconstitutional, null and void and of no effect whatsoever, Executive Order 10, which was seemingly meant to help uplift the welfare of Judges and Justices. The apex court held that “the President overstepped the limits of his powers” and that “the country is run on the basis of the rule of law”.

He noted with displeasure the fact that none of the Presidential candidates invited for the Plenary session of the just concluded NBA-AGC conference in Lagos, spoke about the independence of the judiciary.

“I find it quite worrisome to note that none of the presidential candidates for the upcoming 2023 election, who attended the Opening Ceremony of the just concluded NBA-AGC on the 21st August, 2022 spared any thought on

the independence of the judiciary.

“As one privileged to lead the Nigerian Bar Association at this time, let me say that one demonstrable way by which the Government will show sincerity in the bid to recover and develop this nation, is to deliberately invest in the welfare of Judges and Justices by strengthening the human capital within the justice sector and meeting all the infrastructural needs of the judiciary.

“This is my call on the Federal Government and it should be addressed as a matter of urgency. I also call on the Federal Government to revisit the 2018 Report of the Committee on the Review of Judicial Salaries and Conditions of Service, to bring same in tune with our present day realities and give effect to the final recommendations that will arise therefrom” Maikyau said.

The ceremony had in attendance the President and Justices of the Court of Appeal as well as other eminent jurists and members of the Bar.