The Socio-Economic Rights and Accountability Project (SERAP) has threatened to sue the federal government and governors over alleged “gifts of cars and houses to judges” by the Minister of the Federal Capital Territory (FCT), Mr. Nyesom Wike, and Nigeria’s 36 governors.
In a statement on Sunday, SERAP urged President Bola Tinubu to “stop the Minister of the Federal Capital Territory (FCT), Mr. Nyesom Wike, and Nigeria’s 36 governors from usurping the authority and responsibilities of the National Judicial Council (NJC) and heads of courts through the provision of cars and houses to judges.”
SERAP argued that such practices are antithetical to constitutional principles of separation of powers, checks and balances, and the rule of law and may create the perception that the judiciary is subservient to the executive.
SERAP vowed to initiate legal action
In an open letter dated November 9, 2024, and signed by SERAP Deputy Director Kolawole Oluwadare, the organization accused politicians of failing to respect the judiciary’s integrity and independence by refraining from interference.
SERAP also called on the federal government to “direct the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, as a defender of the public interest, to challenge in court the constitutionality and legality of the executive’s practice of providing cars and houses to judges in Abuja and across the states.”
SERAP vowed to initiate legal action against the federal government and governors over this development.
“SERAP urges you to direct Mr. Fagbemi to ensure full compliance by Mr. Wike and the 36 state governors with the provisions of Sections 81(3) and 121(3)(a)-(h) of the Nigerian Constitution 1999 [as amended] and to respect and protect judicial integrity and independence.”
“SERAP also urges you to ensure that the Federal Executive Council (FEC), under your leadership, halts the practice of approving the construction of houses for judges, as such responsibilities are inconsistent and incompatible with the provisions of the Nigerian Constitution and the country’s international obligations.”
“We would be grateful if the recommended measures are taken within seven days of receiving and/or publishing this letter. If we do not hear from you by then, SERAP will consider taking appropriate legal actions to compel your government and the attorneys general of the 36 states to comply with our request in the public interest,” the statement partly reads.
SERAP stressed that the Nigerian Constitution and international standards mandate the independence of all arms of government.
More Insights
- SERAP also drew the attention of Ms. Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, to the fact that undermining the fundamental principle of separation of powers risks impairing the judiciary’s ability to act as a check on the executive.
- SERAP urged relevant stakeholders to substantially improve funding for the judiciary to enhance judges’ working conditions, welfare, and pensions through existing constitutional arrangements and mechanisms, thereby upholding the judiciary’s independence and autonomy and protecting judges from executive interference.
- SERAP is one of Nigeria’s prominent public interest advocacy groups. It relies on litigation and advocacy to seek court intervention in cases of alleged infractions by government officials and public institutions.
