The NJC asked the "offending states" to immediately pay up the benefits being owed to retired judges.
The National Judicial Council ( NJC), on Thursday, condemned the failure of some state governments to pay up the benefits of retired judges in their states.
The NJC asked the "offending states" to immediately pay up the retirement benefits being owed to retired judges.
In a statement issued on Thursday at the end of its meeting presided over by the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, the NJC asked the defaulting States to step up their legal obligations on payment of retirement benefits to judicial officers.
The statement issued by NJC's Director of Information, Soji Oye, directed state Chief Judges to "file reports on compliance, to reach the Council not later than 1 April 2023."
Welfare crisis
The welfare of serving and retired judges' welfare has been a major issue of concern within Nigeria's legal community for years.
Many judges are said not to have a home of their own after retirement because they are poorly paid while in active service.
Disturbed by judges' poor pay which has remained stagnant since 2008, a Senior Advocate of Nigeria, Sebastian Hon, filed a suit to compel the relevant federal government officials and its relevant agencies to approve an improved salary scale for judges.
Ruling on the suit in July last year, the National Industrial Court of Nigeria (NICN) in Abuja, ordered a substantial increment in the salaries of the CJN and other Nigerian judges.
The trial judge, Osatohanmwen Obaseki-Osaghae, gave this order in her judgement, saying "judges have been victims of great injustice" and describing their poor salaries as a "national shame".
Although the Attorney-General of the Federation, Abubakar Malami, opposed the suit as a defendant sued in the suit, he announced in November that President Muhammadu Buhari had approved an immediate increment in the salaries and welfare packages of judges.
The NJC is responsible for paying the salaries of serving judges at both the state and federal levels.
But the governments of various states are responsible for the payment of the pensions, gratuities and other retirement benefits of the retired judges in their states.
Although the NJC did not disclose the names of states defaulting in paying retired judges their benefits, many state governments in Nigeria are finding it difficult to pay active workers and retirees.
A report by the civic organisation BudgIT shows that at least 12 out of Nigeria's 36 states owed workers at least one-month salary as of July 28, 2022.
According to the report, Abia State, South-East Nigeria, did not pay some workers for 22 months.
"The state (Abia) currently owes its state tertiary institution workers six months' salary, while Ebonyi state has not paid its pensioners in the last six months," Budgit said in its report last year.
PREMIUM TIMES reported that eight state governments failed to pay some of their workers for at least six months, the report disclosed.
The states were Taraba, Nasarawa, Edo, Ebonyi, Ondo, Plateau, Imo, and Abia. They owed active workers as well as retirees.
Read NJC's full statement below.
PRESS RELEASE
19 January 2023
- NJC meets on, and very strongly condemns non-payment of retirement benefits/ gratuities of State Judges
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The National Judicial Council under the Chairmanship of Hon. Justice Olukayode Ariwoola, GCON at its 100th Meeting held on 19 January 2023, deliberated on the worrisome situation whereby many Judicial Officers of the States are being owed their retirement benefits, including severance pay/gratuity and pensions.
After due consideration, Council condemns in very strong terms this act, which is undermining the Rule of Law and Section 6 of the Constitution of the Federal Republic of Nigeria 1999.
It therefore calls on the offending States to ensure that all entitlement of retired Judges are fully settled forthwith.
Council further directed State Chief Judges to file reports on compliance, to reach the Council not later than 1 April 2023.
Soji Oye, Esq
Director, Information.
