Magistracy: For the Attention of Messrs Governor and FCT Minister 

The Advocate

By Onikepo Braithwaite

Onikepo.braithwaite@thisdaylive.com

Now that the Governors should have settled down after three months in office, and the Ministers have finally been sworn in, Nigerians expect that they will all buckle down to serious work immediately. 

As far as the administration of justice sector is concerned, it is in dire need of reform and rehabilitation. Sadly, the immediate past Attorney-General of the Federation (AGF), Abubakar Malami, SAN, left no meaningful legacies from his eight-year tenure, as he seemed to be more interested only in his role as Legal Adviser to President Muhammadu Buhari, recovering Nigeria’s looted funds from foreign countries, and ensuring that consultant fees were paid to those who worked on the recoveries. He showed little or no concern, for the welfare of Judicial Officers. Lawyers therefore, expect the newly appointed AGF, Prince Lateef Fagbemi, SAN, to spearhead the much needed reforms in the sector, in collaboration with the relevant stakeholders. 

Today, as I moderate the break out session on Judicial Remuneration and Allowances at our NBA 2023 Annual General Conference, not only will the fact that the poor salaries and allowances of Judges have not been increased since 2007 or thereabouts, be discussed, the plight of the Magistrates will definitely be highlighted. I saw some other payslips of Magistrates with basic salaries as low as N61,000; their extremely ridiculously low furniture allowance ranging from N9,270 – N11,543; Domestic allowance in July 2023 is N27,000+ (which is below the minimum wage of N30,000). I also saw a payslip with Leave Allowance of N74,000. I’m not sure whether N74,000 can purchase a return flight ticket from Lagos to Ibadan! 

Last week, my piece, ‘Magistracy: Their Poverty, Our Pain’, placing emphasis on the poor remuneration and conditions of service of Magistrates, elicited so many enlightening comments from both serving and retired Magistrates across the country, some of which are reproduced below and marked for the attention of President Bola Ahmed Tinubu, GCFR, the Governors, FCT Minister, CJN, AGF, Chief Judges and State AGs, as Section 14(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2023)(the Constitution) provides inter alia, that the welfare of the people is the primary purpose of government, and the remuneration of Magistrates is a State and FCT affair.

Dear Editor

Re: Magistracy: Their Poverty, Our Pain

Dear Editor,

If someone on Level 12 cannot conveniently pay his or her children school fees and rent from their salary, not to talk of feeding, electricity bill, transportation, medical bills and other social and contingency issues…..then what do you expect. Corruption by Nepotism, Favouritism and Lobbying crept into the Lagos State Magistracy in 1998, when a Senior Magistrate in Lagos was appointed a Judge of the High Court.

AA

Dear Editor, 

Very concise write up.  The Magistracy has since been neglected, and it’s about time the bells of change ring louder. The focus should be on the well deserved constitutional amendment/inclusion of the Magistrates Courts. Once this is achieved, every other issue of concern is automatically resolved.

BB

Dear Editor, 

Further to your writeup on the plight of Magistrates in Lagos and reference to that of Dr Muiz Banire earlier, the situation and conditions of service of Magistrates in Lagos indeed, call for sympathetic consideration.

The salary of a Magistrate Grade II, the lowest grade in Lagos after deductions of tax is about N280,000 (allowances included), and the highest paid Chief Magistrate goes home with about N520,000. Robing Allowance is  roughly N100,000 per annum.

However, It is not all tales of woe, as all Magistrates in Lagos have official Cars provided by the Lagos State Government, except for those who are newly appointed, though the type of  car is  the same model used for Taxi Services within the State. And, with the recent hike in fuel price, many Magistrates have parked their cars, as they cannot afford to fuel and maintain them with the paltry salary. 

More so, the Magistrates in Lagos are given Monthly Imprests for the running of their Chambers in the sum of N35,000 which is insufficient to replace the ink cartridge, let alone cover the cost of paper used for Certified True Copies; with the volume of rulings and judgements churned out of these courts on a monthly basis.

Sharing of courts is becoming a norm in Lagos State. Some Courts are also in deplorable condition, as there are no air conditioners in them and courts have to open all their windows and conduct proceedings under harsh weather conditions and loud noise interference.

Magistrates in Lagos State still write in long hand which has its health challenges, with one Registrar, (that is, the Court is made up of the Magistrate and just one staff) making the work more tedious for the Magistrates. 

Many Magistrates don’t have official quarters, they find it difficult to pay astronomical high rents and are at the mercy of landlords. Some have even been brought to court by their landlords for eviction; quite a traumatic, shameful and disgraceful experience. 

It has become expedient, now, more than ever, for the review of the Constitution to recognise Magistrates as Judicial Officers, with all the paraphernalia of such office in terms of review of salaries, conditions of service and meaningful emoluments to reflect the status. This would encourage Magistrates in the country; boost the morale; increase productivity; and reduce the pressure for elevation to the higher Bench.

A few States have increased the retirement age of their Magistrates to 65yrs. There is therefore, no reason why Lagos State cannot take the lead on that, especially when it has the highest volume of work at the grassroots. The period to act is now.

ABC, Lagos

Dear Editor, 

In Rivers State, the Government tries to support Magistrates a lot. Thank you for this write up.

EO, Rivers State

Dear Editor,

Thank you for highlighting the plight of the  Magistracy in Nigeria. It is much worse in other States. I am a Magistrate in one of the Northern States. We want a constitutional amendment, for Magistrates to be expressly recognised as judicial officers therein. To this end, we will welcome your support. What the least paid Magistrate in Lagos takes home, is what a Chief Magistrate II takes home in Kaduna, for example. God bless you for your efforts. 

BH, North West Zone

Dear Editor, 

I still don’t understand the reasons why the Magistrates should be made to go through so much pain, here in Nigeria. Of course, I was unaware of much of these pains before reading the article. Now, I’m moved so much in favour of a salary readjustment upwards in favour of Magistrates. We should return the honour and the pride of our dear judicial officers, as they are the first point of call of the public for justice. May God help Nigeria.

AOX, South East Zone

Dear Editor, 

What I hate or dislike about Magistrate Court or Judiciary in Lagos State, is that after putting many years in the system and it’s time to enjoy the fruits of your labour, then they will say you are not an indigene, and that you do not qualify to head the sector – too, too bad.

AAA

Dear Editor, 

My take is that it’s time for a constitutional amendment to accommodate Magistrates as judicial officers, so as to enjoy their salaries and allowances from the consolidated revenue account.

BBB, North East Zone

Dear Editor, 

Yes, there should be a constitutional review of the conditions of service of Magistrates and this should also include a review of the retirement benefits ( which does not exist).  I am a retired Chief Magistrate, and my pension is not up to N50,000 per month. This is because the Magistrate is under the contributory pension scheme. 

However, Lagos State has reviewed this for the benefit of the Permanent Secretaries, so a retired Permanent Secretary earns his last salary as pension, same for Judges. 

The retired Magistrates of Lagos State, on the strength of this information, petitioned the Governor through the Honourable Chief Judge. That petition written in 2019 has not seen the light of day, nor was there any response though it was received in the Governor’s office. 

Retired Judges in Lagos State receive an annual medical allowance, nothing of sort for the Retired Magistrates of this State. 

Having served as a Magistrate for almost 20 years, it is unfortunate that a retired Magistrate is still treated as a poor relation of a retired Judge. The only thing the Government holds on to, is that the Magistrate is corrupt. Judges are corrupt too. Civil Servants are corrupt. It’s all over. It does not stop the Government, from treating these other bodies better than Magistrates.

XXX

Dear Editor,

When I was told that a Chief Magistrate earns the same as us, I didn’t believe it. But, your article confirms this ridiculous fact. Yes. N561,000 is our monthly salary, even for some of us who have served for over 20 years as Judges. Bribery and Corruption have been lying in bed side by side with us for over 14 years plus, since our meagre judicial salary was reviewed, waiting for when the few good eggs left will give in to it. 

I hope this is graphic enough.

High Court Judge

Dear Editor, 

As a retired Chief Magistrate in Lagos State – no gratuity/no severance package. It took three  years to get the pittance of N29,830.26 per month. No medicals. No accommodation. No vehicle. Solitude life, since we don’t mix with the public.

ZZZ

Dear Editor, 

With the little experience gathered, I can say that the working conditions in some Magistrate’s courts is appalling, horrifying and astonishing. Some Magistrates work under hot and horrible conditions because of power failure, as there is no standby generating power while most of the court rooms are so compacted to accommodate both litigants and counsels. Most Magistrates are without official vehicles to convey them to work, and most of them come from outside jurisdiction with public transport, sometimes by Okada to avoid traffic or to meet up with time. This situation makes some Magistrates commence sitting behind schedule. I know of a Magistrate who commences sitting around noon because of the distance of his residence from the court, and sometimes litigants with their counsels wait to no avail. Counsels are then sometimes left with no option, but take a further date for their matters. Anyway, there’s need for Government to improve on the working conditions of all judicial officers. Cheers.

PPP

Dear Editor, 

*Top 20 African Countries With the Highest Minimum Wages In 2023 (US$):*

1. Seychelles has the highest minimum wage in Africa at $432 per month.

2. Libya has the second highest minimum wage in Africa at $322 per month.

3. Morocco comes in third with a minimum wage of $281 per month.

4. Next, we have Gabon with a minimum wage of $256 per month.

5. South Africa offers a monthly minimum wage of $242.

6. Mauritius comes in at number six with a monthly minimum wage of $240.

7. Equatorial Guinea pays workers a minimum wage of $200 per month.

8. Congolese workers earn a monthly minimum wage of $154.

9. Algeria offers a monthly minimum wage of $151.

10. Kenya offers a monthly minimum wage of $140.

11. Carbo Verde offers a monthly minimum wage of $132.

12. The Democratic Republic of Congo  pays $125.

13. Comoros Island equally pays a monthly minimum wage of $125.

14. Lesotho pays a monthly minimum wage of $112.

15. Mozambique also pays a monthly minimum wage of $112.

16. Tunisia pays a monthly minimum wage of $110.

17. Chad pays a monthly minimum wage of $102.

18. Ivory Coast’s monthly minimum wage is $102.

19. Senegal pays a monthly minimum wage of $94.

20. Lastly, we have Liberia which pays a monthly minimum wage of $91.

Unfortunately, Nigeria’s monthly minimum wage is less than $50, approximately $39.27.

Credit: Business Insider Africa x OFN

So, when they tell you that Nigerians buy the cheapest fuel in Africa, also tell them that Nigerians earn the lowest wage in Africa. When you compare wages to the price of fuel, you will discover that fuel is more expensive in Nigeria than anywhere else. 

TTT

Dear Editor, 

These are some of the measures Government must take, to improve the lot of Magistrates:

1. Constitutional amendment to make Magistrates judicial officers.

2. Increment in remuneration, commensurate with the volume of work we do.

3. Increment in our monthly imprest, considering the removal of the fuel subsidy

4. Housing for Magistrates to avoid the embarrassment of landlords/landladies bringing

    Magistrates to court for eviction, due to the inability to pay rent.

5. Welfare packages for Magistrates.

VVV

Dear Editor, 

1, There should be a career progression, from Chief Magistrate Level 17 to the High Court Bench.

2, The Government should make the Magistracy attractive financially, thereby putting an end to

     the struggles of going to the higher bench.