The Nigerian Bar Association (NBA) sent a memo to the Revenue Allocation and Fiscal Commission (RMFAC) about the review of judicial salaries and allowances.
Shola Soyele got a copy of the 144-page memorandum signed by the president of the Nigerian Bar Association, Yakubu Maikyau (SAN), and Olawale Fapohunda (SAN), the alternate chairman of the NBA Working Committee on Judicial Remuneration and Conditions of Service.
In the memo, the NBA makes a strong case for a quick, wide-ranging review of judicial pay and proposes an ambitious 200% increase in all judicial officers’ basic salaries.
The NBA also wanted to change everything about what makes up judicial allowances right now.
The recommendation to take judicial officeholders out of the RMFAC’s jurisdiction and set up a separate panel to handle questions about judicial salaries and allowances may be the most radical idea so far.
When Yakubu Maikyau, the President of the NBA, turned in the report, he praised the consultative process used by RMFAC and led by its Chairman, Alhaji Mohammed Bello Shehu. He also said that he was looking forward to more talks with the Commission and other interested parties about the issue.
The NBA President also said that discussions about judicial pay should be limited in time because there is a state of emergency in the country when it comes to the working conditions of judicial officers. This, he said, is not good for the administration of justice, the promotion of the rule of law, or the long-term health of democracy in the country.
Some of the most important recommendations in the 144-page memo from the NBA working committee to the RMFAC are:
• Basic Salary: The Committee suggested that all judicial office holders get a 200% raise in their base pay.
•Medical Allowance: The Committee proposed a medical allowance of 40% of the basic salary of all judicial office holders for minor ailments that do not necessitate hospitalization, while other medical needs, such as overseas medical treatment and in-patient medical treatment in local medical institutions, should be subject to the existing approvals.
• Allowance for RentThe committee proposed a 100% rent allowance for all judicial officers.
• Leave Allowance: The Committee proposed a 100% leave allowance paid once a year so that it may realistically assist a judicial officer in going on vacation within or outside Nigeria.
• Hardship Allowance: The Committee proposed an upward review of 100% for Judicial Officers. This is based on the findings of the committee on the workload and complexity of judicial work.
Proposed new allowances
The Committee suggested the following new allowances because the job of judge has some unique requirements that should be paid for but aren’t included in the current allowances for judges:
• Limited lifestyle allowance The Committee proposed a 100% lifestyle allowance for all judicial officeholders in recognition of the limitations on the lifestyle of judicial officers imposed by the Judicial Code of Conduct.
• Dual Responsibility Allowance In recognition of the unique burdens associated with the offices of the heads of court, the Committee proposed a 20% Dual Responsibility allowance for all heads of court.
• Disruptive Burden Allowance The Committee proposed 50% Disruptive Burden Allowance for justices of the Court of Appeal, judges of the Federal High Court, and judges of the National Industrial Court in view of the frequency of their transfers, including to mitigate the financial burden of maintaining two homes.
• Allowance for Long ServiceThe Committee proposed a 10% long-service allowance payable monthly to judicial officers who have served on the bench for a minimum of 5 years.
• Legal Researchers’ Allowance The Committee proposes a 70% monthly legal research allowance for all heads of courts, Justices of the Supreme Court, and Justices of the Court of Appeal.
Other Recommendations
• The Committee recommends delinking judicial remuneration from that of the civil service.
• The Committee suggests a new independent pay scale for judges, called the Judicial Service Pay Scale (JSPS), so that judges’ salaries can be reviewed regularly in a way that is different from how the civil service is reviewed.
• The Committee suggests that salaries, allowances, terms of service, and retirement benefits for judicial officers should be set by a separate set of laws.
• The Committee proposed a “Judicial Office Holders Entitlements Bill” to create a Judicial Office Holders Entitlements Panel to replace the Revenue Mobilization Allocation and Fiscal Commission as it relates to the Judiciary. This will also require a constitutional amendment.
