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Wednesday 24 February 2016

Victimisation: Buhari withholds salaries of Nigeria's Chief Judge, Supreme Court Judges and others

Victimisation: Buhari withholds salaries of Nigeria's Chief Judge, Supreme Court Judges and others 
Judges in the employ of the Federal Government, could have started paying for the sins inherent in General Muhammadu Buhari's assertion that the judiciary is constituting a clog in his anti-corruption drive, following reports that allocations meant for the federal judiciary, have not been released since this year.

The withholding of the funding of the judiciary, coming at a time, the President is expressing frustration that the judiciary has not been singing the same anti-corruption song, might just be a means of whipping them into line.

In what captures the parlous position of the judiciary in Nigeria’s model of separation of powers, reports have emerged of how over 600 judges. who represent the third arm of government, have not been paid since January, even whilst February would show its back in a matter of days. 

The Nation, a topmost Nigerian newspaper, reports that the officers, including the Chief Justice of Nigeria (CJN), Justice Mahmoud Mohammed, Supreme Court justices, and their counterparts in the Courts of Appeal and all Federal and state High Courts, are yet to get their January salaries.


This ugly situation, said to have no hope of being remedied in the near future, is coming at a time other Federal Governments workers in the two other arms, have already gone home with their February salaries.

The development, which also affected judges of the National Industrial Courts (NICs) and the National Judicial Council (NJC), the report further said, is despite the fact that the courts come under the first line charge in terms of funding.

Relying on its investigation, the paper reports that allocation for January has not been released to the judiciary, due to “lack of funds.”

Most of the judges are said to be grumbling because they could no longer meet their monetary obligations, while the attempt by the NJC to get a reprieve, has so far failed, as its request to the executive for the release of the funds, has so far, failed.

A source was quoted as saying: “The CJN and over 600 judges are stranded because they have not been paid since January. The allocation due to NJC for the payment of salaries and allowances of judicial officers is yet to be released.

“Most of the judges are unhappy but they cannot complain due to their Judicial Oath. The non-payment of salary has affected workers in the Supreme Court, Court of Appeal Federal High Court, National Industrial Court and the National Judicial Council.

“We appeal to the Executive to look at this delay in payment of salary. Already, the judges are due for February pay too. The danger is that these judges can be tempted to find alternative means of survival.”

Section 81(3) provides for Direct Line Charge for the Judiciary and remedy if there is any shortfall.

The constitution says: “The amount standing to the credit of the (a) Independent National Electoral Commission(INEC) (b) National Assembly, and ( c) Judiciary in the Consolidated Revenue Fund of the Federation shall be paid directly to the said bodies respectively;

“in the case of the Judiciary, such amount shall be paid to the National Judicial Council for disbursement.

“If in respect of any financial year, it is found that (a) the amount appropriated by the Appropriation Act for any purpose is insufficient; or (b) a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Act, a supplementary estimate showing the sums shall be laid before each House of the National Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.”

-Whirlwind

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