Chief Adegboyega Awomolo (SAN), who led a team of other Senior Advocates of Nigeria to obtain a judgment ordering an upward review of judges’ salaries, speaks to OLADIMEJI RAMON about the implications of the judgment
How did you receive the judgment of the National Industrial Court ordering an upward review of judges’ salaries, as the leader of the legal team that prosecuted that case?
The judgment of the National Industrial Court is one of the best things to have happened to Nigeria in the quest for the advancement of constitutional democracy. It is a decision with grave impact on the third arm of government under the constitution.
What are the implications of that judgment for the judiciary?
The judgment is a serious morale booster for a demoralised, forgotten and sidelined arm of government that has been deliberately neglected by both the executive and the legislature.
What immediate steps will you be taking towards the enforcement of the judgment?
(Not answered).
Have you considered the possibility that the judgment may be disobeyed, as we have seen with quite a number of other court judgments and rulings in recent times? What do you plan to do?
Nigeria is a country ruled by the principle of constitutional democracy. The Constitution of the Federal Republic of Nigeria 1999 is the supreme law of the land. It has mandatory provisions that make it obligatory for all persons and authorities, including all the defendants, to obey and give effect to all decisions of courts. Do you know of any reason why the rights, welfare and well-being of judicial officers in Nigeria should continue to be neglected, sidelined and disrespected?
Did the respondents in the case enter appearance to oppose the suit?
All the defendants/judgment debtors were served with the processes and those who have anything to contribute to the judgment of the court did so. There was no protest to the civilised approach to resolving disputes under the constitution. Indeed, all the defendants/judgment debtors surrendered to the power of the court and must obey the decision of the court in the circumstances and facts of the case.
One striking thing about the case was the speed at which it was heard and determined, which is a departure from the common experience where cases last years in court. What do you think made the difference in this case?
There is nothing unusual about the processes and proceedings because everything followed due process and the rules of court. Where parties cooperate with one another and the court, cases enjoy fast dispensation. I know that many cases filed in our courts according to due procedures were determined faster than this case.
The court ordered that the Chief Justice of Nigeria should be paid N10m, other Supreme Court Justices and the President of the Court of Appeal, N9m, Justices of the Court of Appeal, N8m and high court judges , N7m monthly salary. Do you really think that salary structure is realistic in today’s Nigeria where the minimum wage of civil servants is still about N30,000?
It is sad that the position of the judiciary and judicial officers is the least understood and appreciated even by media practitioners. Judges represent the finest of intellectual, learned and honourable men and women in any Nigerian society, who devote themselves by training and continuous education to administering justice and interpreting the constitution and law. They are not officers of the civil service, armed forces or legislature. They represent the mind of the legislature in the interpretation of all laws and correct the errors of the executive arm of government when the need arises. They derive their powers and authority directly from the constitution and not from the convenience, whims, exigencies or caprices of the legislature or the executive arm of government. It is common knowledge that the legislators go home with at least over N20,000,000 monthly. With due respect, the amount declared and awarded by the court is very modest and must be implemented.
Is this new salary comparable to what judges earn in other jurisdictions?
You are free to research from any and all available sources on the salaries and allowances of judicial officers in the commonwealth countries of the world. You can also find out what are paid to judges in China, United States of America or the Soviet Union. Nigerians must be very proud of our judiciary. It is one of the best in the world.
Do you see increase in salary as solution to the problem of corruption in the judiciary?
In most allegations of corruption against Nigerian judges, the facts are overblown or exaggerated and set up to blackmail and scandalise the judiciary. Tell me, are we not all victims of corruption all around us? Tell me, who in this country are more corrupt among politicians, military men, civil servants, contractors, oil merchants, police and the judiciary? This is not to justify corruption. Corruption is a global cankerworm and the enemy of progress that must first be destroyed. That is why we all must be ready to destroy it, body soul and spirit even in the judiciary in Nigeria.
The outcome of that lawsuit appeared to be quite predictable from the beginning because even the presiding judge is a beneficiary of the prayers being sought. How do you respond to the argument that the suit and the judgment are self-serving?
(Skipped).
What more reforms to you hope to see in the judiciary and who should drive such reforms?
The Nigerian judiciary is due for greater reforms to be able to stand on the same pedestal as those of other countries that have something better to offer those countries. I am certain in my mind the reform is a process. It is not possible to fully articulate all the areas but suffice to say that now is the time to begin the revolution. Let me conclude by saying that justice is a rare commodity that comes from a soul that is blessed by the wisdom from God.
