Sustenance of Constitutional democracy depends on judicial independence – Wike

Minister of the Federal Capital Territory, Barr. Ezenwo Nyesom Wike has said that the stability of the Nigerian State and the suitability of its constitutional democracy rests largely on the independence of the judiciary.

The FCT Minister stated this while delivering a paper on judicial Independence at the 2024 annual Court of Appeal Justices conference held in Abuja on Wednesday, December 11, 2024. He said the judiciary, as an arm of government, must be free from interference, either by the Legislative and executive arms of government or other individuals, to guarantee its integrity and independence.

He added that the judiciary, as recognized in the principle of separation of powers, should be able to perform its adjudicatory role based on the law and facts presented before it in individual cases without any external influence or interference from the executive or legislature.

The Minister said, “The court can neither safeguard the personal liberties of the citizens nor protect and defend the constitution against infractions unless it is independent of the legislative and the executive arms of government, including other individuals, groups, and institutions in the performance of its onerous duty to administer justice to all manner of persons without fear or favor, affection or ill will”.

Highlighting other vital roles of the judiciary, including its function of ensuring that the legislature and Executive arms of government act within their constitutional limits, the Minister said the need to ensure judicial independence cannot be overemphasized.

To preserve the judiciary’s independence, the Minister called for appropriate machinery for appointing judges, security of tenure of office for Judges, and financial autonomy for the judiciary, among others.

The Minister also said Judges must be courageous in discharging their duties without fear of criticism or intimidation.

He said, “You cannot do your work without people criticizing you. We have all kinds of strategies to do anything to make sure that cases do not go on. But you must be a courageous judge to stand firm”.

Barr. Wike, who also noted that housing and remuneration for judicial officials have a direct bearing on the independence of the judges, said the provision of decent accommodation for judicial officers on an owner-occupier basis will go a long way in preserving the independence and integrity of the judiciary.

He said, “When a Judge is retiring, and he has no home, that judge will be tempted to do one or two things. But if a Judge is retiring today and has a home, he has a shelter; it will make that Judge independent”.

“That’s why when I was Governor of Rivers State, I made it mandatory that at least no judge would say I would retire tomorrow without having decent accommodation, those who wanted the house and those who wanted it to be monetized.

“It’s a factor, and I recommend this to the States and Federal Government, and that’s what we have started to do now in the FCT by making sure that every FCT Judge, on retirement, has a home”.

He praised President Bola Ahmed Tinubu for approving an enhanced salary structure and pension for judicial officials and expressed confidence that it will encourage them to guard their independence jealously. He added that the judiciary equally owes itself the responsibility of guarding its independence by standing up to those who trample on it.

He said, “I was glad when one of your leaders, Chief Kanu Agabi said don’t allow people to write history for you. You write your history. Yes, you may not be able to talk, but you have an administrative department that should, from time to time, respond to some of these attacks.

“You must have a public relations department. Since you can’t speak, others can speak on your behalf. But just folding your arms and people will begin to attack you is not the best. We think that you should do something about it. In that way, you will guarantee your independence,” Barr. Wike stressed.

He, however, stated that judicial independence does not imply that judges are above the law or at liberty to disregard applicable rules or judicial precedent in exercising their judicial powers, adding that it is mainly independence within the framework of the constitution and law.

FCT Minister, Barr Ezenwo Nyesom Wike delivering a paper titled ‘Judicial Independence’ at the Court of Appeal Justices annual conference held in Abuja, on Wednesday