Court orders immediate upward review of salaries of judges
National Industrial Court (NIC) in Abuja has ordered the Federal Government to commence the immediate upward review of salaries and allowances of the judicial officers in the country.
Justice Osatohanmwen Obaseki-Osaghae who issued the order in a judgement held that the current salaries and allowances of judicial officers in the country is not only abysmally low but embarrassing.
In a suit instituted against the Nigerian Government by a Senior Advocate of Nigeria, Chief Sebastine Hon, 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 Supreme Court and President of Court of Appeal.
While other justices of the Appeal Court be paid N8 million, Chief Judges of both Federal and States High Courts N8 million and judges of the Federal and States High Courts N7 million.
The judge held that the refusal of the government to review the judicial officers salaries and allowances for 14 years was unconstitutional, unlawful and should be compelled to do the needful.
The Plaintiff in the suit, Chief Sebastine Hon SAN who instituted the case is praying the court to compel the defendants (AGF, NJC NASS) to increase the salaries and allowances of Nigerian judges.
In a supporting affidavit to the originating summons, 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 the nation’s 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, and others) Amendment Act 2008, said the sums have discouraged him from aspiring to become a judge.
Justice Obaseki-Osaghae, in the judgement, lamented that it is unfortunate that justices and judges who are ministers in the temple of Justice have become victims of injustice in the country.
She held that the National Assembly (1st) defendant and Revenue Mobilization, Allocation and Fiscal Commission (2nd) defendant has no right to refuse, reject or ignore upward review of salaries of judges and justice in the country.
On whether the court has locus to hear the matter, Justice Obaseki-Osaghae said, the court has jurisdiction and is duty bound to hear the suit.
The Judge held that, salaries and allowances of Nigerian judges be reviewed yearly and at most in two years.
Speaking on the judgment, Chief Sebastian Hon SAN who instituted the matter and Chief Kanu Agabi SAN who stood on his behalf in the proceedings thank the judge for the judgement and urged the Revenue Mobilization, Allocation and Fiscal Commission to take action with immediate effect.
