The Socio-Economic Rights and Accountability Project (SERAP), has called on President Bola Tinubu to stop the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and the 36 governors from giving cars and houses to judges, arguing that such actions usurp the authority of the National Judicial Council and the heads of courts.
In a letter dated November 9, 2024, and circulated to media houses on Sunday, the organization said that his intervention has been expedient because these practices could make the judiciary appear submissive to the executive branch of government.
The letter, signed by SERAP’s Deputy Director, Kolawole Oluwadare, urged President Tinubu to direct the Attorney-General of the Federation, Lateef Fagbemi, to challenge the legality and constitutionality of the practice in court.
SERAP also urged the president to improve the welfare and working conditions of the judiciary through existing constitutional mechanisms, emphasizing that his government is obligated to uphold the rule of law.
The organization’s position follows a report from September 2024, when the Federal Executive Council approved the construction of 40 housing units for judges and justices in Abuja.
FCT Minister Wike announced that the housing initiative was part of the government’s Renewed Hope Housing agenda, with the units to be allocated to various courts, including the FCT High Court, Federal High Court, and the Court of Appeal.
SERAP condemned the practice, stating that it runs counter to the principles of separation of powers, checks and balances, and the rule of law.
The group warned that such actions could create the impression that the judiciary is subservient to the executive branch.
“Politicians should keep their hands off the judiciary, respect its integrity, and protect its independence,” the letter stated.
It stressed that the Nigerian Constitution and international standards guarantee the judiciary’s autonomy and ensure it is not subordinate to the executive or legislature.
SERAP further pointed out that undermining the separation of powers would limit the judiciary’s role in acting as a check on the executive.
The letter was also copied to the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite.
In conclusion, SERAP called on President Tinubu to halt the construction of houses for judges, stating that such actions are inconsistent with the provisions of the Nigerian Constitution and international obligations.
The organization also noted that several state governors, including those in Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers, are reportedly engaged in similar practices.
SERAP warned that if no action is taken within seven days, it will consider pursuing legal action to compel compliance in the public interest.
