GOVERNANCE

SERAP urges Buhari to implement report on financial autonomy for judiciary

&NewLine;<p>Socio-Economic Rights and Accountability Project &lpar;SERAP&rpar;&NewLine;has sent an open letter to President Muhammadu Buhari urging him to use his&NewLine;good offices and leadership position to &OpenCurlyDoubleQuote;urgently publish and fully implement&NewLine;the recommendations of the report on financial autonomy of state legislature&NewLine;and judiciary submitted to you in June 2019&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>SERAP said&colon; &OpenCurlyDoubleQuote;In the context of a growing attack on the&NewLine;country’s judiciary by the authorities and politicians&comma; the full implementation&NewLine;of the report will contribute to improving judicial independence&comma; and respect&NewLine;for constitutional principles of separation of powers and systems of checks and&NewLine;balances designed to prevent political interference and ensure respect for the&NewLine;rule of law&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>In the letter dated 27 September 2019&comma; and signed by&NewLine;SERAP deputy director Kolawole Oluwadare&comma; the organization said&colon; &OpenCurlyDoubleQuote;Equal&NewLine;treatment before the law is a pillar of democratic societies&period; But when judicial&NewLine;financial autonomy and by extension&comma; independence and sanctity is undermined&comma;&NewLine;the scales of justice are tipped&comma; and ordinary Nigerians suffer&period; In fact&comma; when&NewLine;judicial autonomy and independence is under siege&comma; everyone loses&comma; as the voice&NewLine;of the innocent goes unheard&comma; while the guilty continue to act with impunity&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The letter read in part&colon; &OpenCurlyDoubleQuote;The failure to publish the full&NewLine;recommendations of the report and to begin to implement them has continued to&NewLine;undermine the country’s judicial systems&comma; and deny citizens’ access to justice&NewLine;and basic human right to a fair and impartial justice system&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;Ensuring the financial autonomy and independence of the&NewLine;courts would improve the ability of our judicial systems to deliver justice&NewLine;effectively and efficiently&period; It would also allow the court to jealously guard&NewLine;the rights of innocent men and women&comma; and ensure that the guilty receive a fair&NewLine;and impartial hearing&comma; as well as remove the dangerous possibility of summary&NewLine;justice&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;We urge you to ensure full respect for the rule of law&NewLine;and due process in words and actions&period;” &nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;A financially autonomous judiciary is crucial for the&NewLine;effectiveness and success of your anti-corruption agenda&comma; and important for the&NewLine;realization of citizens’ human rights&period; Unless the report is fully implemented&comma;&NewLine;trust in the court’s impartiality and independence will continue to be eroded&comma;&NewLine;and the core judicial functions&comma; access to justice&comma; and the broader&NewLine;accountability function of the judiciary&comma; will continue to be undermined&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;A weak judiciary would mean that impunity for corrupt&NewLine;officials will remain&comma; as the ability of your government and anti-corruption&NewLine;agencies to prosecute grand corruption&comma; as well as public trust and confidence&NewLine;in institutions of government and public officials&comma; will continue to be&NewLine;undermined&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;SERAP is extremely concerned about the growing attack on&NewLine;the independence of the judiciary and the sanctity of our justice system&comma;&NewLine;particularly the repeated failures by your government&comma; state governments and&NewLine;politicians to respect and comply with court decisions and orders&period;”&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;SERAP notes that you received in June 2019 the Report of&NewLine;the Abubakar Malami-led Presidential Implementation Committee on Financial&NewLine;Autonomy of State Legislature and Judiciary&period; The committee&comma; inaugurated by you&NewLine;on March 22&comma; 2019 was tasked to fashion out strategies and modalities for&NewLine;implementation of the financial autonomy of the state legislature and&NewLine;judiciary&comma; in compliance with Section 121 &lpar;3&rpar; of the 1999 Constitution &lpar;as&NewLine;amended&rpar;&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;When you received the report&comma; you stated that&comma; &OpenCurlyQuote;I went&NewLine;through a terrible time getting here for the three times I contested elections&period;&NewLine;That is why I want to stabilise the system so that others will not pass through&NewLine;the same experience&period;’”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;This worrying situation threatens to undermine the&NewLine;judiciary’s fragile independence&comma; and the sacred constitutional principles of&NewLine;separation of powers and systems of checks and balances&period;”&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;Continuing refusal to respect and obey court decisions&NewLine;and orders if not urgently stopped will lead to increased corruption and&NewLine;impunity&period; Disobedience of court orders is an implicit interference in the&NewLine;judicial system&comma; and shows a flagrant disregard for Nigeria’s Constitution of&NewLine;1999 &lpar;as amended&rpar; and international obligations&period; Persistent disobedience of&NewLine;court orders and decisions threatens any gains in the fight against corruption&NewLine;that your government may have recorded&period;”&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;SERAP is concerned about the growing list of court&NewLine;orders and decisions that have been flagrantly disobeyed by your government&comma;&NewLine;the most recent being the order by Justice Taiwo Taiwo&comma; Federal High Court&comma;&NewLine;Abuja granting bail to the Publisher of SaharaReporters&comma; Mr&period; Omoyele Sowore&comma;&NewLine;and the reported attempts by your government to drag Justice Taiwo before&NewLine;National Judicial Council &lpar;NJC&rpar; on account of his decision to grant bail to Mr&NewLine;Sowore&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;Other high-profile&NewLine;judgments your government is refusing to obey include at least three judgments&NewLine;obtained by SERAP&period; The first is the judgment by Justice Hadiza Rabiu Shagari&NewLine;ordering the government to tell Nigerians about the stolen asset it allegedly&NewLine;recovered&comma; with details of the amounts recovered&period; The second judgment&comma; by&NewLine;Justice Mohammed Idris&comma; ordered the government to publish details on the&NewLine;spending of stolen funds recovered by successive governments since the return&NewLine;of democracy in 1999&period;”&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;The third&NewLine;judgment&comma; Justice Chuka Austine Obiozor&comma; a Professor of Law&comma; ordered the&NewLine;government to publish details of payments to all defaulting and allegedly&NewLine;corrupt electricity contractors and companies by the governments of former&NewLine;President Olusegun Obasanjo&comma; former President Umaru Musa Yar’Adua&comma; former&NewLine;President Goodluck Jonathan&comma; and your government&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&nbsp&semi;&OpenCurlyDoubleQuote;Another&NewLine;court order that is yet to be complied with is the order for the release of&NewLine;Islamic Movement of Nigeria leader&comma; Sheikh Ibrahim El-Zakzaky and his wife&comma;&NewLine;Zeenah&comma; from unlawful detention&comma; obtained by human rights lawyer and Senior&NewLine;Advocate of Nigeria&comma; Femi Falana&period;”<&sol;p>&NewLine;

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