SERAP Urges Tinubu to Stop Wike, Governors from Giving Cars, Houses to Judges, Citing Judicial Independence Concerns

In a recent call to President Bola Tinubu, the Socio-Economic Rights and Accountability Project (SERAP) urged a halt on the provision of cars and houses to judges by Federal Capital Territory (FCT) Minister Nyesom Wike and Nigeria’s 36 state governors, arguing that such practices infringe upon judicial independence and violate principles of separation of powers.

SERAP expressed concerns that these gestures from the executive branch could undermine the National Judicial Council (NJC) and the heads of court, suggesting that gifts from governors and other executive members might create an appearance of undue influence over the judiciary. This, SERAP argued, could foster a perception of subservience of the judiciary to the executive, thus weakening public trust in an impartial judicial system.

In an open letter to President Tinubu dated November 9, 2024, and signed by SERAP Deputy Director Kolawole Oluwadare, the organization appealed for intervention. “Politicians ought to keep their hands off the judiciary and respect and protect its integrity and independence,” the letter stated. “The Nigerian Constitution and international standards make it clear that the judiciary is neither subservient to the executive nor the legislature.”

SERAP further urged Tinubu to involve the Attorney General of the Federation, Mr. Lateef Fagbemi, SAN, in pursuing the legality of these executive gifts in court, questioning whether such actions align with Nigeria’s constitutional and procedural requirements.

Highlighting the risks of allowing executive gifts to judges, SERAP warned that such practices may limit the judiciary’s independence, potentially discouraging judges from challenging executive overreach. Instead, SERAP recommended that the Tinubu administration focus on substantially increasing funding for the judiciary, enhancing working conditions, welfare, and pensions through constitutional frameworks rather than relying on ad-hoc provisions by state officials.

SERAP also set a seven-day timeline for President Tinubu to respond, emphasizing that failure to act could lead to legal action compelling compliance with the request in the interest of upholding the rule of law.

The organization underscored that the Nigerian government has both constitutional and international responsibilities to protect judicial integrity and promote public confidence in its fairness. “An independent judiciary, the essential guardian of the rule of law, is the linchpin of the scheme of checks and balances through which the separation of powers is assured. Members of the executive should not have any control over the judiciary’s funds,” the letter added.

A copy of the letter was forwarded to Ms. Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, further amplifying the significance of the issue on an international scale.