Court Orders FG to Pay CJN N10m Monthly, N9m for S’Court Justices

  N8m for High Courts’ CJ, N7m for High Courts’ judges

Alex Enumah in Abuja

Justice Osatohanmwen Obaseki-Osaghae of the National Industrial Court, Abuja, yesterday held that the current salaries and allowances of judicial officers in the country “is not only abysmally low but embarrassing” and accordingly ordered the federal government to put machinery in place for the immediate review of the salaries and allowances of the judicial officers.

To this end, Justice Obaseki-Osaghae ordered the federal government to commence a monthly payment of N10 million to the Chief Justice of Nigeria (CJN), N9 million to other justices of the apex court, President of Court of Appeal, N9 million while other justices of the appellate court N8 million, Chief Judges of both Federal and States HIgh Courts N8 million while judges of the Federal and States HIgh Courts N7 million, Heads of Sharia Court of Appeal and its counterpart in the Customary Court, N8 million and N7 million for the judges in both courts.

The judge in addition held that the federal government shall continue to carry out a yearly or once in two years review of the salaries and allowances of the judicial officers.

According to Justice Obaseki-Osaghae, the refusal of the government to review the judicial officers’ salaries and allowances for 14 years was unconstitutional, unlawful, adding that the Industrial Court has the power to compel the government to do the needful.

Obaseki-Osaghae, lamented that it was unfortunate that justices and judges who are ministers in the temple of Justice have become “victims of great injustice” in the country.

A senior lawyer, Chief Sebastine Hon, SAN, who claimed to be an aspiring Justice, had dragged the National Assembly and the Executive arm of government to court over the poor pay of judicial officers, which he noted has remained the same in the last 14 years despite the harsh economic conditions in the country.

His main plea was for an order compelling the defendants to forthwith increase the salaries and allowances of judges in Nigeria.

The National Assembly, Revenue Mobilisation and Fiscal Allocation Commission, Attorney General of the Federation and National Judicial Council are 1st to 4th defendants, respectively.

 In a supporting affidavit to the originating summons, the plaintiff stated that as a legal practitioner, “who has practised in all the levels of courts in Nigeria, I know that poor pay for judicial officers is seriously affecting the quality of judgments and rulings those officers are delivering and the discharge of other functions associated with their offices.”

He argued that the current economic reality in the country requires that the salaries and allowances of judges be urgently improved upon.

The plaintiff noted that the highest-paid judicial officer in Nigeria – the Chief Justice of Nigeria (CJN) – currently earns about N3.4 million per annum, far below what is earned by such an officer in other countries.

Hon, who quoted what all judicial officers currently earn as provided under Part IIB of the Schedule to the Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) Amendment Act 2008, said the paltry sums have discouraged him from aspiring to become a judge.

However, the National Assembly, RMFAC and AGF had opposed the suit on the grounds that the plaintiff lacked the requisite locus standi to initiate the suit.

They also claimed that justices and judges do not have the legal right to ask for a review of their remuneration.

However, delivering judgment in the suit, Justice Obaseki-Osaghae dismissed the objection of the defendants challenging jurisdiction, stating that the plaintiff being a Senior Advocate of Nigeria can aspire to the bench of the apex or appellate court, adding that the technicalities of locus cannot override issues of national interest and justice.

The court further held that it was erroneous for the federal government to see judicial officers as workers who must negotiate their salaries with their employers from time to time.

The judge held that by constitutional provisions, while the National Assembly has powers to enact laws guiding the remuneration of judicial officers, the RMFAC is bound to determine such an amount and charge the same to the consolidated account from which judicial officers are paid.

Justice Obaseki-Osaghae, however, stated that where they failed to carry out their constitutional duties, the court has the power to compel them to do so.

The court described the failure of the federal government to do the needful as a deliberate effort to alter the salaries and allowances of the judicial officers.

While the judge noted that the RMFAC has powers to review the judicial officers’ remuneration from time to time and in tune with current realities, she said that the none review amounts to financial embarrassment and harassment, as well as a national shame.

“No doubt it has affected their job, and in spite of that they have continued to do their job without fear or favour,” the judge held.

She further held that the 1st and 2nd defendants do not have unbridled, whimsical powers to refuse, fail to review the remuneration of judicial officers.

The court, while holding that the current salary paid by the 2nd defendant through the 4th is embarrassingly low and unrealistic with the current economic conditions, as well as global standard for judicial officers, accordingly ordered the federal government to immediately put in place legal and administrative machineries for the review of the remuneration of judicial officers.

According to the judge the failure of the RMFAC to review the remuneration of justices and judges for the past 14 years, notwithstanding the challenges of present time, is unconstitutional and unlawful.