Afam Osigwe, president of the Nigerian Bar Association (NBA), says it is unconstitutional for members of the cabinet or governors to be giving gifts to judges.Osigwe spoke on Thursday during a programme.
The NBA president’s comments came months after Nyesom Wike, minister of the federal capital territory (FCT), announced the construction of quarters for judges in Abuja.
In September, the FCT minister flagged off the construction of 40 houses for judges in Abuja, which sparked a public outrage.
He said 20 of the houses, when completed, would be allocated to judges of the FCT high court, while 10 would be given to the judges of the federal high court and 10 to those of the court of appeal.
However, Wike had denied the claim that the houses were being constructed to pocket the judges for political gains.
The minister said the construction of homes for judges is part of President Bola Tinubu’s welfare packages designed to promote the independence of the judiciary.
But Osigwe noted that the executive arm of government has no business directly providing the judiciary with its needs, noting that such gestures undermine the autonomy of judges.
Osigwe asked the judiciary to decline acts of “benevolence,” emphasising that judges must not condone practices with potential hidden agendas.
“In any situation where a governor gathers judges or brings a chief judge or any person whatsoever to display to the public that he’s giving them cars as if he’s doing them a favour, it is condemnable,” he said.
“It is unconstitutional, it is demeaning, and it takes away from the independence of the judiciary.”
“No member of the executive should do that for the judiciary. The judiciary should be able to manage its budget and acquire what it needs without being subjected to these public displays that diminish its independence.”
“The executive cannot go to the legislature or judiciary seeking gifts. If judicial needs are budgeted items, they should be handled within the framework of judicial independence.”
“Anything outside of this demeans the institution. Such acts of benevolence must be rejected; they should not tolerate practices that could have ulterior motives, whether or not such motives are apparent.”
The NBA president also called for an end to the notion of executives being seen as a “big brother” to the judiciary in determining what it gets.
He added that budgetary allocations for the judiciary should go through proper channels and must not be handed out like gifts, which according to him, is “humiliating” and “takes away from their independence”
