A true definition of democracy entails the independence of the three different arms of government: the Executive, the Legislature and the Judiciary. This is espoused in sections 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. Unfortunately, in spite of the decisions of the Federal High Court in FHC/ABJ/CS/63/2013: OLISA AGBAKOBA V THE ATTORNEY GENERAL OF THE FEDERATION & 2 ORS, on the financial autonomy of the Judiciary and the Financial Autonomy Laws of the various States, the federal and States’ Judiciaries have still not fared better.
The Executive must stop playing master and servant relationship with the Judiciary. The Judiciary, like the Independent Electoral Commission (INEC), has its funds charged to the Consolidated Revenue Fund. Therefore, it ought to be presenting its own budget directly to the National Assembly and the States’ Houses of Assembly, not through the Budget Office in the Governor’s office. A joint reading of the mandatory provisions of Sections 120(4), 121(2), 121(3) & 124(4) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, and the judgment of the Federal High Court in FHC/ABJ/CS/63/2013: OLISA AGBAKOBA V THE ATTORNEY GENERAL OF THE FEDERATION & 2 ORS, will clearly show that the President and Governors and their subordinates lack the vires or authority to demand for and receive the Judiciary’s budget estimates for appropriation purposes.
The funding of the Judiciary is now tied to the envelope system, where the Executive (both federal and State) impose a fixed amount that must not be exceeded for the budget of the Judiciary every year; therefore, indirectly controlling the Judiciary by starving it of the much needed funds. This is the reason many of the States’ Judiciaries are always going cap-in-hand to the state governors for one “financial assistance” or the other. We cannot continue like this.
Few days ago, the National Judicial Council approved the list of new Judges. Many States had their nominees for elevation to the superior court approved by the NJC. Unfortunately, no nominee from Delta State was approved just for the simple reason that the Delta State Government refused to make available for inspection the vehicles and accommodation meant for the use of the new Judges, which is a mandatory requirement before the NJC will approve judicial nominations from any State.
It is no longer news that the state of facilities in the High Courts of Delta State is awful. The Judges work under very terrible conditions, most times with noisy generators provided personally by the Judges. None of the High Courts has air-conditioning facilities. Because of the extreme shortage of Judges in Delta State, many of the Judges preside over two different Courts at different Judicial Divisions. Their vehicles are hardly changed, with some more than seven years old. The Magistracy is far worse. Many of the Magistrates have no official vehicles. How can a Judge with about 40 cases on his daily cause list be the same Judge presiding over another Court in a different Judicial Division? Is that not suicidal? How fast can cases move in such courts?
Delta State Government demolished the old but beautiful High Court buildings in Warri more than 12 years ago, with a promise to construct a modern multi-storey High Court complex. Not a block has since been laid. The High Court rooms in Warri are like cubicles and many times cannot accommodate all the counsels who have matters in the court, not to talk of the litigants. It is that bad and the state government seems not bothered. This made the NBA Warri to recently hold a media briefing on the sad state of the Judiciary in Delta State.
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