The Nigerian judges belong to the class of the least paid judicial officers not only in the Commonwealth but also across the world, Blueprint can authoritatively report.
In an investigation conducted by Blueprint to examine the extent of funding of the judiciary from January 1960 to December 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, it was revealed that the Nigerian government has, for 60 straight years, treated the judiciary more or less like a parastatal in the executive arm than an independent arm of government.
Specifically, it was found that the Nigerian government allocated less than 1% of its national budget to the judiciary consecutively for 60 years covered by the investigation.
Besides, it was also gathered that the salary and allowances of judges have remained static for 13 years now.
The newspaper used triangulation research method to collect data for the investigation just as quantitative data gathered in the course of the investigation were analysed with descriptive statistics while qualitative data were subjected to explanation building and narrative techniques.
It would be recalled that a number of stakeholders, including some members of the inner bar had consistently lamented what they called the official shameful salary approved by the federal government for judges in the country and the hardship continuously encountered by them in the discharge of their official duties owing to poor funding of the judiciary arm of government.
Indeed, a Professor of Public Law and President of the Centre for Socio-Legal Studies (CSS), Prof. Yemi Akinseye-George (SAN) was so worried that he recently announced the intention of his organisation to approach a Federal High Court with a writ for a mandamus order compelling relevant authorities, including the Revenue Mobilisation Allocation and Fiscal Commission (RMFAC) to review upward the salaries and allowances of judges which have remained static for 13 years in spite of rising inflation, declining value of the naira and increasing workload of the judicial officers.
The 0.80% budget
In the course of the investigation, a study of available data on the funding of the judiciary between 1960 and 2001 showed 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 60 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.
Findings also showed that the situation remained the same between 2002 and 2020.
A quick run through the available data on the subject-matter showed that the average fiscal allocation to the judiciary between 1960 and 2001 was 0.21% whilst that of defence was 9.74%.
Similarly, between 2002 till 2020, a close study of the Federal Budget also showed there was no time the judiciary secured up to 1% of the national budget including the 2020 national budget in which judiciary had one of its highest allocations of N110billion which represented less than 1% of the national budget.
Salaries of Nigerian judges
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.
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.
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.
…In other climes
Conversely, a survey of judges’ salaries in other countries of the world showed they not only enjoyed periodic review of their salaries but that the salaries of Nigerian judges are mere fractions of what their counterparts earn.
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.
This implies 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.
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.
Again, this shows 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.
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 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 backwardglance of the salaries of United States federal judges and all categories of the Nigerian judges in 2001, for instance showed that while the CJN earned N1,938,000.00 (N1.9m) basic salary per annum, being 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 above 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.
Across various continents
A quick survey of the salary of judges across the continents of the world and countries in the Commonwealth revealed 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), Blueprint found that Nigerian judges are among the least paid in the world and the worst in the Commonwealth.
Although, therewere data on salaries paid by virtually all the countries in the Commonwealth, Blueprint 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.
From the available statistics (See the statistics in the full report), it was found 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)annuallyin 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.
Besides, the data 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).
Available data 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.
South Africa is followed by Malaysia’s N14, 776,102.40 (N14.77m); Trinidad and Tobago’s N11, 534,397.00 (N11.5m).
Pakistanese 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.
A further expansion of the survey to countries in different continents of the world also returned the same verdict of Nigeria paying the least salaries to its all categories of judges. A close study of the table above confirms the conclusion.
Reactions
In a reaction, Professor Yemi Akinseye George (SAN), said the present situation of the Nigerian judges is no longer acceptable, adding that it was the reason his organisation hinted few months ago about its plans to approach court in order to compel the relevant authorities to review their salaries upward.
Akinseye-George, who is also president of the Centre for Socio-Legal Studies (CSS), told our reporter Sunday that his organisation had not abandoned the plan.
In fact, he hinted that arrangements had been concluded to file the mandamus application and that the processes would be lodged at the registry of the court 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,” he fumed.
Awomolo
Also, a prominent member of the inner bar, Chief Adegboyega Awomolo (SAN), appealed to the government to review the salary of the judges upward.
He said although the 1999 constitution created three arms of government with distinct portfolios to manage the Federal Republic of Nigeria, “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.
Ex-CJ
Also contributing, a former Chief Judge of Lagos State, Justice Samuel Omotunde Ilori said the government should not further delay the review of the salaries and allowances of judges in the country.
“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.
Explaining his position, the jurist 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, for instance, 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!”