—Investigation by Bar & Bench Watch
In this special report, Ise-Oluwa Ige examines the level of funding of the judiciary arm of government by successive governments between 1960 and 2020 on the one hand and the salaries paid by various countries of the world, including Nigeria to their judges across the judicial hierarchy on the other hand with a couple of findings including that the Nigerian government has, for 60 straight years, treated the judiciary more or less like a parastatal in the executive than an independent arm of government with less than 1% allocation in the national budget and that Nigerian judges are the worst paid judicial officers in the Commonwealth and belong to the class of the least paid in the world.
On August 20, this year, a Professor of Public Law and President of the Centre for Socio-Legal Studies (CSS), Prof. Yemi Akinseye-George (SAN), announced the intention of his organization to approach a Federal high court with a writ for a mandamus order compelling a raise in the salaries and allowances of Nigerian judges which have remained static for 13 years.
He had anchored the decision on the evident failure by relevant authorities, including the Revenue Mobilisation Allocation and Fiscal Commission (RMFAC), to review upward the salaries and allowances of judges for more than a decade despite rising inflation, the declining value of the naira, and increasing workload of the judicial officers.
RMFAC is a creation of section 153 of the 1999 Constitution (As Amended) with powers to determine the remuneration appropriate for political office holders and judicial officers in the country.
By the provision of Section 31 of the Third Schedule, Part 1 of the 1999 Constitution, RMFAC is composed of a Chairman and one member from each state of the Federation and the Federal Capital Territory, Abuja, who, in the opinion of the President, are persons of unquestionable integrity with requisite qualification and experience.
But no member of the judiciary is statutorily on the commission, which recommends salaries for the judges.
Akinseye-George spoke of his organization’s intention to resort to litigation on the failure to review judges’ salaries in the country at a webinar organized by Socio-Economic Rights and Accountability Project (SERAP).
Although it was more than four months when he issued the threat to sue the government, Akinseye-George told News On The Go recently that the CSS has not abandoned the plan.
In fact, he hinted that arrangements have been concluded to file the mandamus application and that the processes would be lodged at the court’s registry any moment soon.
JUDGES HAVE BEEN ON THE SAME SALARIES FOR 13 YEARS; NO DECENT RETIREMENT BENEFITS; AFTER WORKING AND RETIRING AT 65 YEARS, JUDGES STILL HAVE TO LOOK FOR RENTED ACCOMMODATION. I THINK IT IS A SHAME
“Judges have been on the same salaries for 13 years; no decent retirement benefits; after working and retiring at 65 years, judges still have to look for rented accommodation. I think it is a shame,” Akinseye had fumed at the forum four months ago.
Like Akinseye-George, a prominent member of the inner bar, life bencher, and pioneer Attorney-General and Commissioner for Justice of Osun State, Chief Adegboyega Awomolo (SAN) had on July 12, 2020, also lamented what he called the shameful official salary approved by the Federal Government for judges in the country.
He said whereas the government cannot run or stabilize without the judiciary yet, as important as the third arm of government is, it has always been at a disadvantage.
“Under the Constitution of the Federal Republic of Nigeria (1999 as amended), there are three arms of government—The executive, the legislature, and the judiciary. They are what constitute the Government of the Federal Republic of Nigeria. Each of them is allocated its portfolio to manage the Federal Republic of Nigeria. The legislature makes the law; the executive carries out the law, and the judiciary carries out judicial functions to resolve disputes between individuals, persons and governments, individual persons and individual persons, and between government and government. It can also determine if there are disputes between the three tiers of government.
“Unfortunately, the judges who constitute the judiciary are paid less than what senators earn in Nigeria. They are paid less than what House of Representatives members earn in Nigeria. And in the state, it is not better. What has happened is that nobody has spoken for them. They cannot speak for themselves. They cannot down the tools. They cannot go to the public to canvass for increase in salary. They cannot, on their own, initiate a case and say come and determine whether our salaries and conditions of service and remunerations are adequate. So, because of that lacuna, the executive and the legislature have been taking advantage of them.
“Worse still, since 1999, the executive and the legislature have been conniving to increase the burden, the work of the judiciary. They timed them by the Constitution: all electoral matters must be determined between so, so time and so, so time. They have been increasing their burden, they have been creating hardship, inconveniences and great burden on the judiciary. But they are not paid well. Yet, these judicial officers have been carrying on with the hope that someday, they will be adequately remunerated.
“The point is that without the judiciary, our democracy would have collapsed. Without judiciary, our democracy would have gone and the military would have taken over several times. You know, at various points, we reach a breaking point that we think, oh, the end has come but the judiciary has always come to rescue our democracy. Yet, they are least recognised. They are dying in hundreds and nobody is knowing, nobody is taking note. And this is because of the onerous job they do and the effect on their health. They are poorly paid. Their condition of service is not improved and they suffer in silence.
“For me, it is time for Nigerians to say, oh, it is time to say let us try and help these helpless group of people because without judiciary, there will be no democracy. Then, we will have autocracy, we will have anarchy or military dictatorship. None of these is favourable to the common man in the street. For me, it is unkind and unfair to treat our judicial officers the way we are treating them.
“I remember when I was invited to join the bench, they were earning just N4,000 per month then. I said no. it is not a place for me where I will be suffering in silence and I would die in silence. It is not for me,” Awomolo (SAN) said.
The irrepressible social critic, human and civil rights lawyer, Chief Abdul-Ganiyu Oyesola Fawehinmi, GCON, SAN, (now late) had also lamented severally the plight of the Nigerian judges during his days.
SOME OF OUR JUDGES DIE IN OFFICE UNDER CIRCUMSTANCES THAT ARE RELATED TO THE BARBARIC CONDITIONS IN WHICH THEY WORK. HON JUSTICE C, IDIGBE OF THE SUPREME COURT –ONE OF OUR BEST JUSTICES DIED IN OFFICE AT THE AGE OF 59 YEARS. HON JUSTICE AUGUSTINE NNAMANI—THE ERUDITE INTELLECTUAL OF THE SUPREME COURT DIED ON SEPTEMBER 22, 1990 AT THE AGE OF 56 YEARS. HON JUSTICE LIGALI AYORINDE, CHIEF JUDGE OF LAGOS STATE DIED AT THE AGE OF 64 YEARS
According to him, “the hardship that are continuously encountered by judges of all categories are all clear for everybody to see. Trial judges take evidence in long hand, conduct researches and write judgments, most times without the aid of well-equipped libraries. In the end, some of them die as quickly as they retire.
“No wonder, Hon Justice Olusola Olatunde Thomas who retired as Chief Judge of Lagos State on November 27, 1996 at 65 died on June 6, 1999 less than 3 years after he retired. Hon Justice Roseline Ajoke Omotosho who retired as the Chief Judge of Lagos State also died less than three years after she retired. The same unfortunate death befell Hon Justice Fernandez who retired at the age 65 years and died shortly after.
“Some of our judges die in office under circumstances that are related to the barbaric conditions in which they work. Hon Justice C, Idigbe of the Supreme Court –one of our best justices died in office at the age of 59 years. Hon Justice Augustine Nnamani—the erudite intellectual of the Supreme Court died on September 22, 1990 at the age of 56 years. Hon Justice Ligali Ayorinde, Chief Judge of Lagos State died at the age of 64 years. Hon Justice John Idowu Conrad Taylor, one of the most courageous judges died at the age of 56 years. Hon Justice Adeniyi Adefila (JP) of Borno State High Court, died on July 7, 1998 at the age of 60 years and Hon Justice Yekinni Olayiwola Adio of the Supreme Court died in office on Tuesday, July 8, 1997 after a brief illness. They all died in office!
“Sadly today, some judges have strokes while in service. Judges are confronted with avoidable trauma, stress and strain while trying to dispense justice unlike their colleagues in some other countries where conditions for dispensation of justice are just simply good, very comfortable and progressive,” he said.
News On The Go reports that the situation has not really changed even in 2022 as so many other judges had at one time or the other become incapacitated while still in office while many others retired into serious health crisis and died shortly after bowing out of the bench.
Gani said the situation is not the same in other countries of the world where judges are appreciated and well taken care of.
“In England, Lord Goddard retired at the age of 89 years, 4 months and 29 days whilst Lord Denning retired at the age of 83 years, 7 months and 29 days and he died at the age of over 100 years. Hugo Black retired at the age of 85 from the United States of America Supreme Court whilst Thurgood Marshal and Harry A. Blackman both of the United States of America Supreme Court retired at the ages of 82 and 85 respectively.
“It is ironic that despite the fact that our judges work under serious and excruciating conditions, they deliver more judgments than most of their counterparts in the established democracies,” he said.
Besides the scary picture painted by the trio of Awomolo (SAN), Akinseye-George (SAN) and late Chief Gani Fawehinmi (SAN) about the plight of judges in the country, available literature and data also showed that Nigerian government has literally never treated the judiciary as an arm of government in budgetary allocation since 1960 when Nigeria got independence and now (2020).
Funding of the Judiciary between 1960 and 2001
In a study conducted by Chief Gani Fawehinmi (SAN) on the funding of the judiciary from January 1960 till September 10, 2001, a period of 42 years, it was found that the Nigerian government denied the judiciary required fiscal attention and showed a total lack of regard for the third arm of government in the country.
In the study, Gani dug the archives to reproduce how much exactly was allocated to the entire Judiciary arm of government in Nigeria from 1960 till 2001 and how much exactly was allocated to only one Ministry (Defense) in the Federal Executive arm of government during the same period.
IN A STUDY CONDUCTED BY CHIEF GANI FAWEHINMI (SAN) ON THE FUNDING OF THE JUDICIARY FROM JANUARY 1960 TILL SEPTEMBER 10, 2001, A PERIOD OF 42 YEARS, IT WAS FOUND THAT THE NIGERIAN GOVERNMENT DENIED THE JUDICIARY REQUIRED FISCAL ATTENTION AND SHOWED A TOTAL LACK OF REGARD FOR THE THIRD ARM OF GOVERNMENT IN THE COUNTRY
The Federal Ministries of Nigeria are civil service departments that are responsible for delivering various types of government service. As at date, there are about 28 ministries, one of which is the Ministry of Defence.
Although the full data are not reproduced here because of space, findings however showed that fiscal allocation to only a Federal Ministry of Defence was much fatter each year than what was allocated to the entire Judiciary arm of government between 1960 and 2001.
Table 1: Fiscal allocation to the Judiciary and the Defence between 1960 and 2001
S/N Year Total Budget Allocation to Judiciary Allocation to Defence % of Budget to Judiciary %of Budget to Defence
1 1960 £46,629,930 £139,110 £4,430,260 0.30 9.50
2 1961 £52,987,260 £151,260 £4,816,160 0.29 9.09
3 1962 £52,084,700 £166,890 £5,252,550 0.32 10.08
4 1963 £58,109,680 £188,840 £5,710,400 0.32 9.83
5 1973 N1,411,420,065 N296,210 N309,073,450 0.02 21.90
6 1974 N3,128,405,827 N675,810 N336,440,400 0.02 10.75
7 1975 N5,252,297,373 N1,468,130 N547,253,930 0.03 10.42
8 1984 N6,072,461,420 N6,718,880 N569,244,100 0.11 9.37
9 1985 N6,772,342,659 N16,186,620 N656,569,890 0.24 9.69
10 1995 N155,200,000,000 N453,876,180 N9,032,519,460 0.29 5.82
11 1999 N300,500,000,000 N1,304,529,110 N25,978,442,170 0.46 8.64
12 2001 N894,214,805,186 N1,854,194,227 N38,065,511,944 0.20 4.25
Source: The Way The Law Should Go by Chief Gani Fawehinmi (SAN) 2001
A study of the statistics on the funding of the judiciary between 1960 and 2001 as captured by Table 1 indicated that the federal budget for the judiciary consisting of the consolidated salary of judges, court staff salary, overhead and capital votes never reached 0.80%, let alone 1% of the total budget for 42 years.
A STUDY OF THE STATISTICS ON THE FUNDING OF THE JUDICIARY BETWEEN 1960 AND 2001 AS CAPTURED BY TABLE 1 INDICATED THAT THE FEDERAL BUDGET FOR THE JUDICIARY CONSISTING OF THE CONSOLIDATED SALARY OF JUDGES, COURT STAFF SALARY, OVERHEAD AND CAPITAL VOTES NEVER REACHED 0.80%, LET ALONE 1% OF THE TOTAL BUDGET FOR 42 YEARS
For instance, the Federal Budget in 1960 allocated a paltry 0.30% to the judiciary while it dropped to 0.20% in the year 2001.
A quick run through the entire data in Table 1 showed that the average fiscal allocation to the judiciary during the 42-year study period was 0.21% whilst that of the defence was 9.74%.
Similarly, between 2002 and 2020, a close study of the Federal Budget also showed that there was no time the judiciary had secured up to 1% of the national budget including the 2020 national budget in which judiciary had one of its highest allocations of N110billion representing less than 1% of the national budget.
NJC queries annual budgetary process for the judiciary
Although the National Judicial Council created by section 153 of the 1999 Constitution with powers to collect, control and disburse all moneys, capital and recurrent for the judiciary had murmured over the low budget allocation to the third arm of government for years, it was loud in 2020 during defence of its annual budget for 2021.
National Judicial Council
The Council had criticised the nation’s annual budgetary process for the judiciary saying a situation where one agency would decide what others should get without the knowledge of its working environment was not in line with best global practices.
The Executive Secretary of NJC, Mr Ahmed Saleh who spoke when he appeared before the House of Representatives Committee on Judiciary on November 16, 2020 appealed for a paradigm shift in the judiciary budgeting regime.
The Office of the Executive Secretary is the pivot around which all activities of the NJC revolve as it coordinates and supervises all activities of the Council including disbursement and monitoring of funds.
Saleh, in his presentation, said that a total of N187,945,531,476 was initially proposed for the 2021 budget operations, for instance but was reviewed down to N110 billion considering the ceiling that was given to it by the budget office, whereas the Nigeria judiciary was in dire need of funding adding that the recent vandalism of some courts occasioned by the EndSARS protests made it more imperative for increased funding.
He argued that the Supreme Court justices were recently increased by eight making a total of 20, stressing that there was a promise of a special intervention fund to enable it to function but had yet to be received. He added that the Federal High court was also in the process of increasing the number of judges and that such exercise would come with cost on personnel and capital expenditure.
According to him, without increase in funding, this will not be possible.
”The challenges of COVID-19 have also shown us that we should leverage on electronics court system. If eight justices have been added, I don’t know why there won’t be increase of allocation now that the number of justices has been increased,” he had said.
WITH A BUDGET OF N110 BILLION FOR THE ENTIRE JUDICIARY IN 2020 AND SAME BEING PROPOSED FOR THE YEAR 2021 AT A TIME THE NUMBER OF SUPREME COURT JUSTICES WAS INCREASED TO 20, THE HIGHEST EVER SINCE 1999 WHEN THE FOURTH REPUBLIC WAS BIRTHED, IT GOES WITHOUT SAYING THAT THERE IS NO INDICATION IN SIGHT THAT THE SALARY OF JUDGES WHICH WERE REVIEWED 13 YEARS AGO WILL BE ADDRESSED
With a budget of N110 billion for the entire judiciary in 2020 and same being proposed for the year 2021 at a time the number of Supreme Court justices was increased to 20, the highest ever since 1999 when the Fourth Republic was birthed, it goes without saying that there is no indication in sight that the salary of judges which were reviewed 13 years ago will be addressed.
It is an open secret that the last time the judges’ salaries and allowances were increased was in 2007 following the enactment of the “Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) (Amendment) Act of 2008” which came into force on February 1, 2007.
The law had repealed a similar Act of 2002 to create room for the increase of judges’ basic salaries, allowances and fringe benefits in 2007.
Under the “Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) (Amendment) Act, 2008”, the CJN’s annual basic salary is N3,353,972.50 (or N279,497.71 monthly), while other Justices of the Supreme Court and the President of the Court of Appeal receive N2,477,110 as basic annual salary or N206,425.83 monthly each.
Table 2: 2007-2020 Annual Basic Salary of the Chief Justice of Nigeria, Justices of the Supreme Court & President of the Court of Appeal
Emoluments Chief Justice of Nigeria Associate Justices Appeal Court President
Annual Basic N3,363,972.50 N2,477,110.00 N2,477,110.00
Source: Economic Confidential
The Justices of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the Federal Capital Territory (FCT) High Court and President of the Industrial Court, Grand Khadi of State and FCT Sharia Court of Appeal, President FCT and State Customary Court of Appeal earn annual basic salary of N1, 995,430.18 each.
Table 3: Basic annual salaries of justices of the Court of Appeal Heads of Federal and State High Court, Sharia & Customary Court of Appeal
S/N Salary Justice of the Court of Appeal Chief Judge of Federal High Court Chief Judge of FCT High Court Judge of the Federal High Court President National Industrial Court Grand Khadi, FCT Sharia Court of Appeal President, FCT Customary Court of Appeal President of State Customary Court of Appeal Chief Judge of a State Grand Khadi of State Sharia Court
1 Annual Basic N1,995,430.18 N1,995,430.18 N1,995,430.18 N1,995,430.00 N1,995,430.18 N1,995,430.18 N1,995,430.18 N1,995,430.18 N1,995,430.18 N1,995,430.18 N1,995,430.18
Source: Economic Confidential
Also, judges of the Federal, State and FCT High Courts, National Industrial Court, Khadi Sharia Court of Appeal in the FCT and State; and FCT and State Customary Courts also earn an annual basic salary of N1,804,740.00 each.
Table 4: Basic annual salaries of judges of the Federal and State high Courts, Customary and Sharia Court of Appeal
S/N Salary Judge Federal High Court Judge of National Industrial Court Judge of FCT High Court Judge State High Court Khadi, FCT Sharia Court of Appeal Judge FCT Customary Court of Appeal Khadi of State Sharia Court of Appeal Judge, State Customary Court of Appeal
1 Annual Basic N1,804,740.00 N1,804,740.00 N1,804,740.00 N1,804,740.00 N1,804,740.00 N1,804,740.00 N1,804,740.00 N1,804,740.00
Source: The Economic Confidential
The salaries of all categories of Nigerian judges have since remained static since February 2007.
Conversely, a survey of judges’ salaries in other countries of the world showed that they not only enjoyed periodic review of their salaries but that the salaries of Nigerian judges are also mere fractions of what their counterparts earn.
BY IMPLICATION, A HIGH COURT JUDGE IN NIGERIA IN 2020 WITH HIS N1,804,740 .00 (N1.8M) ANNUAL BASIC SALARY EARNS 2.19% OF THE ANNUAL BASIC SALARY OF A DISTRICT COURT JUDGE IN THE UNITED STATES
For instance, a District Court judge in the US which is an equivalent of a Federal or a state high court judge in Nigeria presently earns $216,400.00 basic salary per annum which if converted to Nigerian Naira at the 2020 average exchange rate of N380: 1$ translates to N82, 232,000.00 (N82.32m) while a Nigerian Federal or state high court judge goes home with N1,804,740 (N1.8m) annual basic salary. By implication, a high court judge in Nigeria in 2020 with his N1,804,740 .00 (N1.8m) annual basic salary earns 2.19% of the annual basic salary of a district court judge in the United States.
Similarly, a Circuit court judge in the US which is an equivalent of Court of Appeal judge in Nigeria presently (2020) earns $229,500.00 as basic salary per annum which if converted to Nigerian Naira at the average exchange rate of N380: 1$ in 2020 translates to N87,200,513.41 (N87.2m) while a Nigerian Justice of the Court of Appeal goes home with N1, 995,430.18 (N1.99) annual basic salary. By implication, a Justice of the Court of Appeal in Nigeria in 2020 with his N1,995,430.18 (N1.9m) annual basic salary earns 2.28% of the annual basic salary of a Circuit court judge in the United States.
Also, an Associate Justice of the Federal Supreme Court in the United States which is an equivalent of the Justice of Supreme Court of Nigeria presently (2020) earns $265,600.00 as basic salary per annum which if converted to Nigerian Naira at the average exchange rate of N380: 1$ in 2020 translates to N100, 928,000.00 (N100.92m) while a Nigerian Justice of the Supreme Court goes home with N2,477,110.00 (N2.47m) annual basic salary.
SCN
By implication, a Justice of the Supreme Court in Nigeria in 2020 with his N2,477,110 (N2.47m) annual basic salary earns 2.45% of the annual basic salary of his counterpart (Associate Justice) in the United States.
THE CHIEF JUSTICE OF THE FEDERAL SUPREME COURT OF THE UNITED STATES WHICH IS AN EQUIVALENT OF THE CHIEF JUSTICE OF SUPREME COURT OF NIGERIA PRESENTLY (2020) EARNS $277,700.00 AS BASIC SALARY PER ANNUM WHICH IF CONVERTED TO NIGERIAN NAIRA AT THE AVERAGE EXCHANGE RATE OF N380: 1$ IN 2020 TRANSLATES TO N105,526,000.00 (N105.52M) WHILE THE CHIEF JUSTICE OF THE SUPREME COURT OF NIGERIA GOES HOME WITH N3,353,972.50 (N3.35M) ANNUAL BASIC SALARY
In the same vein, the Chief Justice of the Federal Supreme Court of the United States which is an equivalent of the Chief Justice of Supreme Court of Nigeria presently (2020) earns $277,700.00 as basic salary per annum which if converted to Nigerian Naira at the average exchange rate of N380: 1$ in 2020 translates to N105,526,000.00 (N105.52m) while the Chief Justice of the Supreme Court of Nigeria goes home with N3,353,972.50 (N3.35m) annual basic salary. By implication, the Chief Justice of the Supreme Court of Nigeria in 2020 with his N3,353,972.50 (N3.35m) annual basic salary earns 3.17% of the annual basic salary of his counterpart (Chief Justice) in the United States.
The table below captures the salary of judges in the United States of America between year 2016 when the average exchange rate of one US Dollar (USD) to Nigerian Naira (NGN) was 1$: N253 till the year 2020 when the average exchange rate of one US Dollar to Nigerian Naira has significantly jumped to 1$: N380.
Table 5: Federal Judges’ Salaries in US between 2016 and 2020
Year District Judge Salary in USD District Judge Salary in NGN Circuit Judge Salary in USD Circuit Judge Salary in NGN Associate Justice Salary in USD Associate Justice Salary in NGN Chief Justice of US salary in USD Chief Justice of US salary in NGN
2020 $216,400 N82,134,620.00 $229,500 N87,210,000.00 $265,600 N100,928,000.00 $277,700 N105,526,000.00
2019 $210,900 N75,924,000.00 $223,700 N80,532,000.00 $258,900 N93,204,000.00 $270,700 N97,452,000.00
2018 $208,000 N75,088,000.00 $220,600 N79,636,600.00 $255,300 N92,163,300.00 $267,000 N96,387,000.00
2017 $205,100 N62,555,500.00 $217,600 N66,368,000.00 $251,800 N76,7999,000.00 $263,300 N80,306,500.00
2016 $203,100 N51,384,300.00 $215,400 N54,496,200.00 $249,300 N63,072,900.00 $260,700 N65,957,100.00
Source: United States Courts: Judicial Compensation (www.uscourts.gov)
Key:
District Court is where a federal case begins. Cases heard consist of statutory cases that violate the constitution, its treaties or cases affecting citizens like felonies, divorce cases etc
Circuit court holds both trials and appeals decided by district courts.
Supreme Court is the highest court in the US. It accepts 1% of all cases it receives. By virtue of this, circuit courts can be very influential as they are able to set legal precedents when deciding appeals
Associate Justice in America is any member of the Supreme Court of the United States
Chief Justice of US presides over the Supreme Court
As it can be seen from the table above, the annual basic salary of the judges of all categories in the United States increased every year (2016 to 2020) but the same cannot be said of the salaries of Nigerian judges which have remained static since 2007!
Worse still, the average exchange rate of one USD to Nigerian Naira (NGN) in 2007 when Nigerian judges received a pay rise was $1: N117.88. It jumped insignificantly to 1$: N117.98 in 2008; 1$: N158.6 in 2014; 1$: N253.5 in 2016; 1$: N305.8 in 2017; 1$: N361 in 2018; 1$: N360 in 2019 and 1$: N380 in 2020.
THE IMPLICATION IS THAT THE SALARIES OF JUDGES IN NIGERIA HAVE NOT KEPT PACE WITH INFLATION AND WHEN ADJUSTED FOR INFLATION, THE CHIEF JUSTICE OF NIGERIA (CJN) AND ALL CATEGORIES OF JUDICIAL OFFICERS IN THE COUNTRY ACTUALLY MAKE LESS NOW IN 2020 THAN WHAT THEY DID BETWEEN 2007 AND 2019 WHEN NAIRA WAS INDEED STRONGER THAN WHAT IT IS TODAY
The implication is that the salaries of judges in Nigeria have not kept pace with inflation and when adjusted for inflation, the Chief Justice of Nigeria (CJN) and all categories of judicial officers in the country actually make less now in 2020 than what they did between 2007 and 2019 when Naira was indeed stronger than what it is today.
A further backward glance of the salaries of United States federal judges and all categories of the Nigerian judges in 2001, for instance showed that while the Chief Justice of Nigeria earned N1,938,000.00 (N1.9m) basic salary per annum which was the equivalent of $14,355.55 with the 2001 exchange rate of N135: $1, the Chief Justice of the United States of America earned $186,300.00 basic salary per annum which at the 2001 exchange rate amounted to N25,150,500.00 (N25m).
The statistics showed that the Chief Justice of Nigeria earned less than 8% (precisely 7.71%) of the salary of the Chief Justice of the United States of America.
By implication, the Chief Justice of Nigeria earned a relatively high (though shamefully) 7.71% of the salary of the Chief Justice of the United States of America in 2001 but it dropped to 3.17% in 2020 notwithstanding that he received a pay raise from N1.9m which he earned in 2001 to N3.35m which he earns in 2020.
Table 6: Salaries of Heads of Judiciary in Nigeria, US and UK in 2001
S/N Country Head of Judiciary Country Currency Salary of Chief Justice in Country Currency Salary of Chief Justice in NGN
1 Chief Justice of Nigeria Nigeria (NGN) N1,938,000.00 N1,938,000.00
2 Chief Justice of the United States USA (USD) $186,300.00 N25,150,500.00
3 Lord Chancellor of England United Kingdom (GBP) £173,875.00.00 N33,036,250.00
4 The Lord Chief Justice of England United Kingdom (GBP) £171,375.00 N32,561,250.00
Source: Source: The Way The Law Should Go by Chief Gani Fawehinmi (SAN)
As it can be seen in Table 6 above, the Lord Chancellor of England in 2001 similarly earned £173,875.00 basic salary per annum representing N33,036,250.00 (N33m) with the exchange rate of N190: £1, the Lord Chief Justice of England earned £171,375.00 basic salary per annum representing N32,561,250.00 (N32.5m) when converted to Nigerian Naira as at 2001. In other words, the Chief Justice of Nigeria earned less than 6% (precisely 5.8% and 5.9% respectively of the salaries of the Lord Chancellor and Lord Chief Justice of England.
THE CHIEF JUSTICE OF NIGERIA EARNED A RELATIVELY HIGH (THOUGH SHAMEFULLY) 7.71% OF THE SALARY OF THE CHIEF JUSTICE OF THE UNITED STATES OF AMERICA IN 2001 BUT IT DROPPED TO 3.17% IN 2020 NOTWITHSTANDING THAT HE RECEIVED A PAY RAISE FROM N1.9M WHICH HE EARNED IN 2001 TO N3.35M WHICH HE EARNS IN 2020
From the table above, while the Chief Justice of Nigeria earned N3,363,972.00 basic salary per annum in 2020 which is the equivalent of $8,852.56 with the current exchange rate of N380: $1, the Chief Justice of the United States of America earned $277,700.00 basic salary per annum which at the current (2020) exchange rate amounted to N105,526,000.00.
While it would seem that the increase in the salary of the Chief Justice of Nigeria in 2001 as shown in Table 2 from N1,938,000.00 to N3,363,972.50 in 2020 in Table 3, has been substantial, the basic truth of the matter is that the salaries of judges have not kept pace with inflation and when adjusted for inflation, the Chief Justice of Nigeria (CJN) actually makes less now than what he did in the year 2001.
This is so because, as earlier stated, the Chief Justice of Nigeria earned a little above 3% (precisely 3.18%) of the salary of the Chief Justice of United States of America in 2020 when compared with what the situation was in 2001 when the Chief Justice of Nigeria earned almost 8% (precisely 7.71%) of the salary of the Chief Justice of United States of America with the 2001 exchange rate of N135: $1.
Justice Ilori disagrees with Chief Akintola (SAN)
Although a South West-based learned silk, Chief Adeniyi Akintola (SAN) agreed that the salaries of Nigerian judges are very low and should be reviewed upward urgently, he however argued that salaries of judges in Nigeria are not the same.
He said judges practising in Lagos and River states earn much higher than their counterparts in the remaining 34 states of the Federation including the Federal Capital Territory, Abuja.
He also cautioned against comparing the salaries of judges in established democracies like the United States and Britain with their Nigerian counterparts on the account that they operate from two totally different environments.
But a former Chief Judge of Lagos State, Justice Samuel Omotunde Ilori disagreed with Chief Akintola (SAN) saying such reasoning could not hold water.
Justice Samuel Omotunde Ilori
According to him, “I don’t agree with the lawyer. This is because we should not forget that while we were still a colony, judges were earning the same salary with their counterparts in the United Kingdom. So, there is no basis to justify the poor salaries being paid Nigerian judges today.
“No one is insisting that they should earn exactly the same salary with their counterparts in the US and UK now but that the salary should be reviewed regularly and not frozen as it has been done in the last 13 years,” the cerebral judge added.
Judges’ Salary: How Nigeria fares in the Commonwealth
A quick survey of the salary of judges across the continents of the world and countries in the Commonwealth found that Nigeria is at the bottom of the ladder in terms of remuneration of its judges.
SPECIFICALLY, IN A GLOBAL SURVEY ON THE CURRENT SALARIES EARNED BY JUDGES OF VARIOUS COUNTRIES OF THE WORLD BY SALARY EXPERT (A PROJECT OF ECONOMIC RESEARCH INSTITUTE (ERI), NEWS ON THE GO FOUND THAT NIGERIAN JUDGES ARE AMONG THE LEAST PAID IN THE WORLD AND THE WORST IN THE COMMONWEALTH
Specifically, in a global survey on the current salaries earned by judges of various countries of the world by Salary Expert (a project of Economic Research Institute (ERI), News On The Go found that Nigerian judges are among the least paid in the world and the worst in the Commonwealth.
Although, there were data on salaries paid by virtually all the countries in the Commonwealth, News On The Go however randomly picked nine (9) countries from 54 countries in the Commonwealth representing 16.66% sample of its membership for the survey.
The findings showed that Nigerian judges are simply the worst paid judicial officers in the Commonwealth.
Table 7: 2020 Judges’ Salaries in the Commonwealth
S/N Countries Currency Annual Entry Level Judges’ Salary in Country Currency Annual Entry Level Judges Salary in NGN Annual Average Judges’ Base Salary in Country Currency Annual Average Judges’ Base Salary in NGN Annual Senior Level Judges’ Salary in Country Currency Annual Senior Level Judges’ Salary in NGN
1 Nigeria Nigerian Naira (NGN) N1,804,740.00 N1,804,740.00 N1,995,430.00 N1,995,430.00 N2,477,110.00 N2,477,110.00
2 United Kingdom United Kingdom British Pond (GBP) £ £38,442.00 N20, 202,442.64 £54,845 N28,776,682.30 £68,070 N35,767,547.34
3 Trinidad and Tobago Trinidadian Dollar (TTD) $116,106 N6,511,080.97 $165,891 N9,324,975.16 $205,587 N11,534,397
4 South Africa South African Rand (ZAR) R453,108 N11,877,196.40 R640,919 N16,798,474.74 R802,311 N21,031,141.40
5 Singapore Singapore Dollar (SGD) $67,657 N19,422,409.79 $96,157 N27,595,584.47 $119,800 N34,391,189.27
6 Pakistan Pakistani Rupee (PKR) Rs1,510,621 N3,596,308.69 Rs2,120,571 N5,047,407.82 Rs2,674,829 N6,368,344.32
7 Malaysia Malaysian Ringgit (MYR) RM88,499 N8,349,199.99 RM125,425 N11,832,603.01 RM156,704 N14,776,102.40
8 Australia Australian Dollar (AUD) $86,025 N24,931,550.10 $122,531 N35,509,534.86 $152,324 N44,146,160.26
9 India Indian Rupee (INR) 6,07,481 NN3,145,629.82 8,53,507 N4,418,528.96 10,75,656 N5569,911.79
Source: Survey 2020
From the table above, statistics showed that of the 9 countries randomly surveyed in the Commonwealth, Nigerian judges are at the bottom of the ladder in terms of remuneration.
WHILE A NEWLY RECRUITED HIGH COURT JUDGE IN NIGERIA EARNS N1,804,740.00 (N1.8M)ANNUALLY IN BASIC SALARY, HIS COUNTERPART IN THE UNITED KINGDOM IS ON £38,442.00 WHICH AT THE CURRENT EXCHANGE RATE OF N525: £1 TRANSLATES TO N20,202,442.64 (N20.2M).
While a newly recruited high court judge in Nigeria earns N1,804,740.00 (N1.8m) annually in basic salary, his counterpart in the United Kingdom is on £38,442.00 which at the current exchange rate of N525: £1 translates to N20,202,442.64 (N20.2m).
Similarly, a senior level judge like the President of the Court of Appeal or a Justice of the Supreme Court in Nigeria goes home with N2,477,110.00 (N2.47m) basic salary annually, his counterpart in the UK goes home with £68,070 which translates to N35,767,547.34 (N35.7m) when converted to Nigerian Naira at N525:£1.
THE DATA ABOVE ALSO SHOWED THAT AN AUSTRALIAN ENTRY LEVEL JUDGE EARNS THE HIGHEST IN THE COMMONWEALTH WITH THE ANNUAL BASIC SALARY OF AUSTRALIAN DOLLAR $86,025.00, TRANSLATING TO N24,931,550.10 (N24.9M) WHEN CONVERTED TO NIGERIAN NAIRA
Besides, the data above also showed that an Australian entry level judge earns the highest in the Commonwealth with the annual basic salary of Australian Dollar $86,025.00, translating to N24,931,550.10 (N24.9m) when converted to Nigerian Naira
The UK came second with its judge earning an annual basic salary of N20,931,550.10 (N20.9m) when converted to Nigerian Naira, followed by Singapore with N19,422,409.79 (N19.4m).
South Africa trails Singapore with its own judge earning N11,877,196.40 (N11.87m) annual salary followed by Malaysia’s N8,349,199.99 (N8.3m) and Trinidad and Tobago’s N6,511,080.97 (N6.5m).
Judges of Pakistan followed their counterparts in Trinidad and Tobago with annual basic salary of N3,596,308.69 (N3.6m) and judges of the India earning annual N3,145,629.82 (N3.1m) to beat Nigeria which is at the base of the salary ladder whose high court judges are on the annual basic salary of N1,804,740.00 (N1.8m).
Data in Table 4 also revealed that the senior judges in the nine randomly surveyed countries in the Commonwealth earned in the same order their junior counterparts did.
For instance, a senior judge from Australia earns the highest with annual basic salary of N44,146,160.26 (N44.14m).
Australia is closely followed by UK whose senior judges earn at least N35,767,547.34 (N35.7m) each annually.
SINGAPOREAN JUDGES ARE THE THIRD HIGHEST EARNERS IN THE COMMONWEALTH WITH N34,391,189.27 (N34.3) ANNUAL BASIC SALARY FOLLOWED BY SOUTH AFRICA WHOSE SENIOR JUDGES ARE ON AT LEAST N21,031,141.40 (N21M) ANNUAL BASIC SALARY
Singaporean judges are the third highest earners in the Commonwealth with N34,391,189.27 (N34.3) annual basic salary followed by South Africa whose senior judges are on at least N21,031,141.40 (N21m) annual basic salary.
South Africa is followed by Malaysia’s N14,776,102.40 (N14.77m); Trinidad and Tobago’s N11,534,397.00 (N11.5m).
Pakistan senior judges are next to Trinidad and Tobago with its senior judges earning at least N6,368,344.32 (N6.3m) to beat Nigeria which is also on the ladder bottom with its judges earning annual basic salary of N2,477,110.00 (N2.4m) each.
Table 8: Judges’ Salary: How Nigeria fares in the World
S/N Countries Currency Annual Entry Level Judges’ Salary in Country Currency Annual Entry Level Judges Salary in NGN Annual Average Judges’ Base Salary in Country Currency Annual Average Judges’ Base Salary in NGN Annual Senior Level Judges’ Salary in Country Currency Annual Senior Level Judges’ Salary in NGN
1 Nigeria Nigerian Naira (NGN) N1,804,740.00 N1,804,740.00 N1,995,430.00 N1,995,430.00 N2,477,110.00 N2,477,110.00
2 United Kingdom United Kingdom British Pond (GBP) £ £38,442 N20, 202,442.64 £54,845 N28,776,682.30 £68,070 N35,767,547.34
3 United States US Dollar (USD) $ $71,527 N27,775,367.31 $102,045 N39,582,418.51 $126,651 N49,194,016.02
4 Ukraine Ukrainian Hryvnia (UAH) 351,690 N4,861,106.76 493,694 N6,846,509.61 622,735 N8,613,694.05
5 Taiwan Taiwan New Dollar (TWD) $1,157,567 N15,664,359.50 $1,647,126 N22,282,314.02 $2,049,684 N27,736,045.48
6 Trinidad and Tobago Trinidadian Dollar (TTD) $116,106 N6,511,080.97 $165,891 N9,324,975.16 $205,587 N11,534,397
7 South Africa South African Rand (ZAR) R453,108 N11,877,196.40 R640,919 N16,798,474.74 R802,311 N21,031,141.40
8 Singapore Singapore Dollar (SGD) $67,657 N19,422,409.79 $96,157 N27,595,584.47 $119,800 N34,391,189.27
9 Pakistan Pakistani Rupee (PKR) Rs1,510,621 N3,596,308.69 Rs2,120,571 N5,047,407.82 Rs2,674,829 N6,368,344.32
10 Malaysia Malaysian Ringgit (MYR) RM88,499 N8,349,199.99 RM125,425 N11,832,603.01 RM156,704 N14,776,102.40
11 China Chinese Yuan Renminbi (CNY) 187,774 N10,944,231.95 265,035 N15,454,920.40 332,489 N19,372,453.63
12 France France Euro (EUR) 41 412 N12,026,232.40 59 115 N17,178,573.56 73 327 N21,294,492.98
13 Japan Japanese Yen (JPY) 6,754,882 N24,921,971.26 9,651,293 N35,597,761.11 11,960,750 N44,130,754.39
14 Australia Australian Dollar (AUD) $86,025 N24,931,550.10 $122,531 N35,509,534.86 $152,324 N44,146,160.26
15 Egypt Egyptian Pound 130,986 N3,174,101.23 184,283 N4,465,613.86 231,935 N5,613,667.06
16 India Indian Rupee (INR) 6,07,481 NN3,145,629.82 8,53,507 N4,418,528.96 10,75,656 N5569,911.79
17 Saudi Arabia Saudi Arabian Riyal (SAR) 134,552 N13,677,433.96 191,015 N19,416,720.08 238,249 N24,218,579.56
18 Poland Polish Zloty (PLN) 94 935 N9,829,591.64 135 403 N14,019,657 168 100 N17,394,890.45
19 Philippines Philippine Peso (PHP) 386,834 N3,052,086.05 547,174 N4,317,154.47 684,960 N5,405,483.68
20 Thailand Thai Baht (THB) 505,472 N6,418,697.98 716,090 N9,093,214.73 895,030 N11,360,359.96
Source: Survey 2020
A further expansion of the survey to countries in different continents of the world also returned the same verdict of Nigeria paying one of the least salaries to its all categories of judges. A close study of the table above confirms the conclusion.
FG should urgently review upward judges’ salary–Stakeholders
Although the low salary paid Nigerian judges has been an issue of great concern for decades, stakeholders appear not to be any longer comfortable with the present status of the judges’ plight particularly with the refusal by the relevant authorities to review upward their salaries and allowances in the last 13 years.
Already, one of them is set to take a step unprecedented in the country to file a writ of mandamus in court to compel the government to review the salary upward as contemplated by the drafters of the constitution in sections 84, 153 and 32 of the Third Schedule, Part 1 of the 1999 Constitution
According to former Chief Judge of Lagos State, “The time to act is now. Everything must be done to review the salaries upward.
“In fact, I am advocating that Nigerian judges should be placed on a special salary for a number of reasons,” he said.
Asked why he felt judges should be given special salary in the country, Justice Ilori said: “In the first place, they have cases in their courts involving huge sums of money. And if a judge is paid a worthless salary and he is wondering how to pay the school fees of his son and now he has a case of say a billion naira before him and one of the parties comes to him with N1million, what do you think he will do bearing in mind that he is in difficulty to pay the school fees of his son?
“The point I am trying to make is that government should make the salary of judges worthwhile that can take care of his everyday need. If his salary is not worthwhile and he himself is not strong minded, he will fall into temptation. I mean, we are all human beings and there is no human being who cannot fall into temptation. This is why they should try to make the salary of judges worthwhile so that nothing can dissuade him from the path of truth.
“Again, I also think that judges should be paid better than their counterparts in the legislature because in my own view, they do more work than lawmakers. They should be paid according to the work they do.
“As a judge, you come to court on a Monday morning and you have like 20 cases before you, what do you do? You have to adjourn some to be able to pay attention to others.
“And if as a judge, you don’t have an income sufficient to make you self-dependent, that can lead to a lot of problems. I think they should be paid salaries that will make them not look elsewhere. And the time is now!