Situating The Justice Sector in a Year of Tinubu’s Renewed Hope Agenda

With the approval of new salaries for judicial officers, increased budgetary allocation among others, President Bola Tinubu has left no one in doubt, as to the place of the justice sector in his administration, writes Alex Enumah.

The justice sector arguably is one of the critical sectors of any society and its viability or level of performance to a greater extent determines the progress of other sectors as well as that society itself.

Although, the Judiciary is the third arm of government in Nigeria’s democratic rule, it has however operated almost in subservience to both the legislative and executive arms of government, over the years. Many of the challenges in the judiciary is linked to the poor remuneration of judges as well as low budgetary allocation.

Speaking recently at the opening of a Justice Summit in Abuja, Tinubu pointed out that he took some preliminary measures in order to reposition the judiciary in a bid to support a just and rules-based Nigeria.

Unlike his predecessors who paid lip service to the welfare of the judicial arm of government, President Tinubu in barely one week in office took a bold step by signing into law the bill on uniform retirement age for judicial officers, which his predecessor, Muhammadu Buhari failed to sign.

Infact the bill was the first Tinubu signed upon taking the oath of office on May 29, 2023 as president, thereby demonstrating his desire to see a viable justice sector.

Recall that the Ninth National Assembly had on May 2, 2023, directed its Clerk, Amos Ojo, to transmit the Constitution Alteration Bill 20, which approved a uniform retirement age for judicial officers in Nigeria to the President for assent, but Buhari had declined assent based on the advise of the then Attorney-General and Minister of Justice, Abubakar Malami (SAN).

The former AGF had in a memo dated May 23, 2023 and addressed to the office of the Chief of Staff to the President, stated that the bill appeared to be “far-reaching, unduly wide, ambiguous”. Malami in addition claimed that it made no “justification” for the extension of retirement age and benefits for judges. Besides, the former Justice Minister had argued that the bill if approved, may lead to further agitation for the extension of the retirement age of justices of the Supreme Court and Court of Appeal.

Section 291 of the Constitution provides that Judges of the Supreme Court and Court of Appeal may voluntarily retire at the age of 65 and compulsorily at 70 years.

In relation to other Judges, the ages are 60 and 65 respectively. However, immediately on assumption of office, Tinubu who had pledged to strengthen the judiciary and empower judicial officers, went ahead to sign the bill on uniform retirement age into law.

In a statement issued on June 8, 2023, the State House Director of Information,  Abiodun Oladunjoye, announced that the president had signed the bill into law.

The bill which was titled: “Constitution of the Federal Republic of Nigeria, 1999 (fifth altercation) (No.37) bill, 2023”, also ensured uniformity in the pension rights of judicial officers of “superior courts of record” specified in section 6(5) of the 1999 constitution (as amended).

With the passage of the bill, the bench of superior courts no doubt boast of more judges who would have been schemed out due to retirement age of 60 and 65 years. And like the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN) observed recently while presenting the ministry’s score card in Abuja, the decision of the president ensures that the courts now boast of more experienced judges. “Like they say about the wine, the older, the better”, Fagbemi had said.

Another major feat recorded by President Tinubu was the appointment of 11 justices unto the bench of the apex court, which enabled the Supreme Court to attain its full complement of 21 justices for the very first time. Section 230 (2) (b) of the 1999 constitution provides that, “The Supreme Court of Nigeria shall consist of such number of Justices not exceeding 21 as may be prescribed by an Act of the National Assembly.”

It should be pointed out that as at the time Tinubu made the appointment, the apex court was at its lowest of all time, with just 10 justices including the Chief Justice of Nigeria.

Showing understanding of the difficult situation confronting the few justices, in terms of the heavy workload before them, Tinubu did not delay in sending to the National Assembly, for screening and confirmation, the list of justices recommended for appointment by the National Judicial Council (NJC).

Before Tinubu’s appointment the situation at the apex court was so bad that the court could not constitute two separate panels to sit in constitutional matters, because such a panel required seven justices. But, today, the court can conveniently and comfortably constitute three separate panels on constitutional matters.

Besides easing the burden of justices of the apex court, the new appointment has also addressed the issue of balance raised by a former Justice of the apex court, Justice Musa Dattijo Muhammad.

The retired jurist, at a valedictory court session held in his honour had observed that only four geopolitical zones – the South-west, South-south, North-west and North-east were represented in the Supreme Court with the Southwest and Northwest fully represented. But, from the 11 Supreme Court Justices appointed, both the South-east and North-central zones have the highest of three justices each, while the North-east has two, the North-west, South-west and South-south have one each.

In the area of welfare, President Tinubu also matched words with action by increasing the salary of judicial officers as well as doubling  Judiciary’s budget by more than 100 percent in the 2024 appropriation.

It should be recalled that for nearly 16 years, the salaries and emoluments of judicial officers had remained stagnated despite a court order in 2022.

Recall that the president had in August, 2023 assured that his administration would review the remuneration of judicial officers as part of efforts to fight corruption in the judiciary. Tinubu in another occasion early in the year, represented by his spokesperson, Ajuri Ngelale, stated that “funding the judiciary is a major element in our effort to support a just, rules-based society”.

To that extent he disclosed that statutory transfer to the judiciary has been increased from N165 billion to N342 billion.

Similarly, the president in March this year wrote and asked the two chambers of the National Assembly to pass his proposed bill on new judicial officers’ remuneration so that they can access fringe benefits among other allowances, adding that judicial officers needed an improved welfare package.

Tinubu in the letter to the House of Representatives explained that the new bill for the judiciary is necessary going by the current economic realities.

The letter to the House of Representatives titled: Transmission Of the Judicial Office Holders (Salaries and Allowances, Etc) Bill, 2024, read in part, “In accordance with the provisions of Section 58(2) of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), I forward, herewith, the Judicial Office Holders (Salaries and Allowances, Etc) Bill, 2024 for the kind consideration of the House of Representatives.

“The Judicial Office Holders (Salaries and Allowances, Etc) Bill, 2024 seeks to prescribe salaries, allowances and fringe benefits for Judicial Officers, to end the prolonged stagnation in their remuneration and to reflect contemporary socio- economic realities. 

“The Bill, which establishes a new legal framework for the remuneration of Judicial Officers, will also ensure significant improvement in the welfare, capacity and independence of the Judiciary”.

The president also urged the lawmakers to expeditiously consider and pass the bill.

In the proposed bill, the Chief Justice of Nigeria (CJN) will earn as much as N64 million annually, while the President of the Court of Appeal is to earn N62.4 million annually. Justices of the Supreme Court on the other hand are to earn N61.4 million annually.

Other justices of the Court of Appeal are to get a total of N52.6 million as total allowances, while the Chief Judge of the Federal High Court, President of the National Industrial Court, Chief Judge of FCT High Court, Grand Kadi FCT Shariah Court of Appeal, President of FCT Customary Court, Chief Judge of State High Court, Grand Kadi State Shariah Court of Appeal and President State Customary Court of Appeal are to earn the same salaries and allowances.

For this category, the annual basic salary is N7.9 million and N42.3 million as annual regular allowances.

Also, the severance gratuity and motor vehicle loan are N23.9 million and N31.9 million respectively.

When implemented, the judiciary no doubt is set for better days with the Renewed Hope Agenda of President Tinubu.