‘Are You Saying Judges Have No Right To Ask For Salary Review?’- Judge Rails At FG’s Lawyer

There was disquiet at the National Industrial Court sitting in Abuja on Tuesday when a lawyer representing the Office of the Attorney General of the Federation suggested by his argument that judicial officers are employees of the government who have no right to demand an upward review of their salaries.

Justice Osatohanmwen Obaseki-Osagie, who presided over the suit which sought the upward review of the salaries and allowances of judicial officers, was taken aback by the words of the AGF’s lawyer.

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The claimant had argued that the Chief Justice of Nigeria has earned 3.4 million naira per annum for the past 14 years, and prayed the court to order upward review of CJN’s pay to N12m monthly for the Supreme Court Justices and between N7m to 10m monthly for respective lower court judges.

The AGF’s lawyer, Mr. Ekene. E , while adopting his final written address in the case, challenged the jurisdiction of the court to hear the suit filed by a number of Senior Advocates represented by Chief Adegboyega Awomolo, SAN.

The AGF’s lawyer maintained that he is not arguing that the judicial officers are not entitled to better salaries, but that the claimant has not disclosed sufficient reasons on how he is directly affected by the case to even come to court.

He said that the proper party to appear before the court is either a judicial officer or the statutory body saddled with the responsibility of reviewing salaries.

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“We are saying that the NASS and Revenue Commission had already determined the salaries of judicial officers,” he said.

He added that the National Salaries and Incomes and Wages Commission is vested with the powers to recommend salary review but they were not served as party to the case.

But the presiding judge cuts in, saying “Are those part of your address? You cannot go there.”

” Are you saying the salary reviews of the judges from Supreme Court downwards is not a legal right! Is that what you are saying?, the judge railed at the lawyer.

The AGF’s lawyer went on to say that the claimant is trying to force the court to set a new salary for the judges, a responsibility that an agency of the federal government is saddled with.

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“Mr Ekene E. limit yourself to your submission, don’t go beyond that,” the judge interjected again.

The claimant’s lawyer also asked the AGF’s lawyer to stick to his earlier submission on the court jurisdiction and not bring up fresh issues that will require a reply.

The judge asked what was sensitive about the upward review of the salary of Nigerian judges

“For 14 years, the Nigerian judges all over have been on the same salary,” the judge said.

On his part, the claimant, Awomolo said his originating summons relate principally to whether the first (National Assembly) and second defendants (Revenue Allocation and Fiscal Mobilization Commission) can refuse, fail and neglect to upwardly review the basic salaries and allowances of judicial officials as mentioned in 1999 constitution as amended.

He said : “The second issue is whether the public officers can be compelled by the court for failing in their constitutional responsibility.

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“We submit that this court has powers to direct these public officers to perform their constitutional function.”

He added that significantly, the Revenue Commission which is directly concerned with the case was served with processes but refused to come to court.

“All the parties unanimously agreed that the last adjustment of salaries of judicial officers was in 2008, none of them have justified the reason behind the refusal to review the wages of judges.

“Come to the aid of judicial officers with an order.

“Grant the claims of the claimant,” he said.

But the National Assembly’s counsel, Charles Yoila insisted that the suit as presently constituted against the lawmakers is incompetent and should be dismissed for lack of jurisdiction of the court.

The NASS argued that it should not have been dragged into the suit.

“The claimant is a stranger to the case , it is very clear that he is just a lawyer and not a judicial officer and it does not affect him directly,” NASS said adding that it is the proper party that should come before the court, not the claimant.

“We ask that the court should dismiss the suit,” the lawmakers said through their lawyer.

Citing the Legislative Powers and Privileges Act, the Yoila argued that pre-action notice ought to have been issued to legislative houses, including the course of action and reliefs being sought three months before such actions are brought before any court.

“We urge the court to strike out the name of the National Assembly from the suit,” the NASS lawyer asked.

For the National Judicial Council, (4th defendant), it supported the calls for the review of judges salaries.

“The implication as at today is that certain Judicial Officers Act has been declared obsolete by the federal government going by the official rate of over N400 to 1 US dollars.

“Based on exchange rate, the salaries of judicial officers in 2008 is currently a disadvantage to them.

“Nobody can say that the purchasing power of judges as at 2008 is same as it is today based on the value of naira to US dollars,” the NJC counsel, Kunle Adegoke SAN said.

“Don’t mention my salary because it will be a national disgrace,” the judge said while interjecting.

The NJC held that the judiciary cannot operate independently with such poor budgetary allocations.

The NJC further argued that it is a breach of duty for the federal government to refuse to review judges’ salaries for the past 14 years.

“Political, Public and Judicial Officers Act should be nullified by the court,” the NJC said.

After listening to parties, the judge fixed July 15 for judgment.

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