Upon the inauguration of the Bola Tinubu administration last year, new SUVs were purchased and distributed to the members of the Federal Executive Council and the National Assembly. Such public officers were never assembled in a public place to receive the vehicles. At about the same time, judges whose cars were replaced after about 10 years were assembled by governors who handed the car keys to them. 

The humiliation of judges by the executive was recently taken to an embarrassing level when the Minister of the Federal Capital Territory, Chief Nyesom Wike assembled senior judges to witness the flag off ceremony of 40 housing units to be constructed for judges. The Minister has since announced that he would give 20 houses to Judges of the Federal Capital Territory High Court, 10 to the Judges of the Federal High Court and the remaining 10 to the Justices of the Court of Appeal. 

A few colleagues who have forgotten the struggle that culminated in the constitutional recognition of financial autonomy for judges as part of the independence of the judiciary have attempted to justify the distribution of cars and houses to Judges by the executive organ of governments. In fact, those who are not familiar with the current constitutional dispensation have said that the executive should continue to build houses for Judges since it was done before in a particular state.

With respect, it is pertinent to remind such lawyers that sections 81 (3) and 121 (3) of the Constitution of Nigeria 1999 which granted financial autonomy to the Federal and State Judiciaries in the country has been confirmed by the Federal High Court and the National Judicial Council in the following cases:

1. Suit No FHC/ABJ/CS/667/13, Judiciary Staff Union of Nigeria v National Judiciary Council & Ors;

2. Suit No. FHC/ABJ/CS/63/2013: Olisa Agbakoba, SAN v National Judicial Council & Anor;

3. Suit No. NAD/56/2013 :Olisa Agbakoba v Attorney-General of Ekiti State & 2 others;

4. Suit No. NICABJ/142/2022: Chief Sebastian Hon v National Assembly & 2 Ors.

Section 81(3) of the Constitution provides that:"(3) Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the Federation shall be paid directly to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the State under section 6 of this Constitution." Although the federal judiciary is better funded than state judiciary but the question of financial autonomy has not been properly addressed. 

But due to the refusal of state governments to allow the judiciary to operate its budgets, former President Muhammadu Buhari issued Executive Order No 10 of 2020. State Governors successfully challenged the validity of the Executive Order as it was struck down by the Supreme Court. 

Thereafter, section 121(3) of the Constitution was amended to the effect that any amount standing to the credit of the House of Assembly in the Consolidated Revenue Fund of the State “shall be paid directly into wethe account of the Assembly”, and that of the Judiciary “shall be paid directly to the heads of the courts." A new subsection 4 provides that the state accountant-general of a state must pay the judiciary and the house of assembly their due amounts in monthly installments.

It is public knowledge that the salaries and allowances of Nigerian Judges were increased a few months ago by an Act of the National Assembly. However, the National Judicial Council and the Nigerian Bar Association should prevail on the National Assembly and the various Houses of Assembly to actualise financial autonomy for judges in the 2025 budgets of the Federal Government and the various state governments in strict compliance with Sections 81(3) and 121(3) of the Constitution of the Federal Republic of Nigeria as amended. 

In other words, with effect from 2025, the budgets of the judiciary at the federal and state levels should make adequate financial provision to enable the judiciary to build houses and buy cars for judges. This is only way to insulate judges from the overbearing control of the Executives. Therefore, the Nigerian Bar Association should be prepared to challenge any breach of the relevant provisions of the Constitution which have guaranteed financial autonomy for the nation’s judiciary.