The president of the Nigerian Bar Association, Afam Osigwe, has declared that it is unconstitutional for members of the cabinet or governors to give gifts to judges, as such actions undermine the independence of the judiciary.
Osigwe made the remarks on Thursday during an appearance on Politics HQ, a programme on News Central TV.
His comments followed a controversial announcement by Nyesom Wike, the Minister of the Federal Capital Territory, in which he revealed plans to construct quarters for judges in Abuja.
In September, Wike had flagged off the construction of 40 houses for judges in the capital, a move that sparked public outrage.
According to Wike, 20 of the houses were intended for judges of the FCT High Court, while 10 would be allocated to judges of the Federal High Court and 10 to those of the Court of Appeal.
Wike, however, denied allegations that the construction was aimed at currying favor with judges for political gains. He stated that the initiative was part of President Bola Tinubu’s welfare packages designed to enhance the independence of the judiciary.
Despite Wike’s explanation, Osigwe emphasized that such gestures from the executive branch are inappropriate. He stated that the executive has no business directly providing for the judiciary’s needs, as doing so could compromise judicial autonomy. Osigwe urged the judiciary to reject such acts of “benevolence,” warning that they could carry hidden agendas.
Osigwe condemned public displays of gift-giving, such as when a governor provides judges with cars, framing them as favors. He argued that such actions are unconstitutional, demeaning, and detrimental to the judiciary’s independence. He further stated that the judiciary should be capable of managing its own budget and acquiring necessary resources without being subjected to public displays that undermine its autonomy.
The NBA president also called for an end to the perception that the executive branch acts as a “big brother” to the judiciary. He stressed that judicial budgetary allocations should follow proper channels, not be dispensed as gifts, which he described as humiliating and damaging to the judiciary’s independence.
“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.”
