The quest of fiscal autonomy for judicial independence: the case of the Nigerian judiciary and its challenges

ABSTRACT

The executive arm of the government in Nigeria has been underfunding the judiciary due to its lack of fiscal (financial) autonomy. However, despite the Nigerian judiciary being granted fiscal self-autonomy by the court in 2014, it continues to fall short of one of the main criteria for judicial independence due to inadequate budgetary support. Thus, the article examines the judiciary’s independence and its challenges from poor funding. It employs a qualitative methodology and desk research sources to examine several provisions of the Nigerian constitution, analyze the practicalities of fiscal autonomy from a comparative perspective between Nigeria and other countries, and determine the inadequate funding of the Nigerian judiciary by placing its percentage of budgetary allocation against the nation’s total annual budget over the years. The article suggests the need for implementation structures of fiscal autonomy involving a time frame of budgetary allocation directly to the judiciary to assure its independence and efficient funding for the provision of court services.

KEYWORDS:

• Budgetary allocation
• executive arm of government
• fiscal autonomy
• judicial independence
• Nigerian judiciary

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. Judges Matter (2023, December 5). Judicial Governance in South Africa. https://www.judgesmatter.co.za/state-of-the-judiciary/judicial-governance-in-south-africa/; Address by The Honourable JJ Spigelman AC Chief Justice of New South Wales (2007, August 31). The Rule of Law Conference, Brisbane.

2. Judges Matter, ‘Judicial Governance in South Africa’.

3. For a brief view, see the report of the national commission to review the working of the constitution, 2001. II(book 2), 74–78 as cited in Sastry, 2006.

4. The Network (2018) Increasing the independence of Supreme Judicial Courts through their financial autonomy, August 2018. https://network-presidents.eu/news/increasing-independence-supreme-judicial-courts-through-their-financial-autonomy-august-2018, Accessed November 1, 2022.

5. United Nations Office on Drugs and Crime (2011, December). Resource Guide on Strengthening Judicial Integrity and Capacity. United Nations Office, Vienna, pp.1–152. www.unodc.org

6. ibid.

7. ibid.

8. Official Report of the Proceedings of the Constituent Assembly (1977, December 12) Vol. 25, at 9. Cited in Olowofoyeku A.A. (1989). The Beleaguered Fortress: Reflections of the Independence of Nigeria’s Judiciary. Journal of African Law, 33, pp.55–71.

9. Ibid. Cited in Olowofoyeku, ‘The Beleaguered Fortress’.

10. Mr. A. Adesanya (1977, November 16). ibid., Vol. 13, 35: Cited in Olowofoyeku, ‘The Beleaguered Fortress’.

11. Olowofoyeku, ‘The Beleaguered Fortress’.

12. Oputa, All Nigeria Judges Conference Papers, 1982, London, (1983), 295: Cited in Olowofoyeku, ‘The Beleaguered Fortress’.

13. Global Security.org (2013, August 13). Abubakar’s Transition to Civilian Rule. News Letter. https://www.globalsecurity.org/military/world/nigeria/history-06.htm

14. National Judicial Council (2018). The National Judicial Council is one of the Federal Executive Bodies created by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria. https://www.njc.gov.ng/profile-of-njc, Accessed February 21, 2022.

15. Ibid.

16. Oputa, ‘All Nigeria Judges’, Cited in Olowofoyeku, ‘The Beleaguered Fortress’.

17. Supreme People’s Court Monitor (2022, July 5). Rebuilding the Court Funding Mechanism After Recent Reforms. https://supremepeoplescourtmonitor.com/

18. European Justice (2021, May 14). National Justice System- Germany. https://e-justice.europa.eu/16/EN/national_justice_systems?GERMANY&member=1

19. The Judiciary System in the Netherlands (2010, August). The Council for the Judiciary. LP The Hague, The Netherlands. https://www.rechtspraak.nl/English/Publications-and-links/Pages/General-information.aspx

20. Ibid.

Additional information

Funding

For this article’s research and publishing, the author got no funding, grants, or other support.

Notes on contributors

Jeremiah Osasume Okaisabor

Jeremiah Osasume Okaisabor is a researcher and the author of “An Identity in Quests for Self-Determination: The Case of Indigenous People of Biafra Separatist Movement in Nigeria” (Nationalism and Ethnic Politics, 2023). He acquires his education at the University of Benin, Benin City, Nigeria. His current interest in research focuses on institutional studies, separatist movements, security studies, and conflict.