Appointment to judicial offices: A look at recent developments (2)

“While some hold the view that appointment as a Judge carries with it a prestige which may compensate for fantastic or adequate pay, the fact remains that prestige alone may not be enough to put food on the table. Furthermore and as stated by the then Lord Chief Justice of England, poor pay will discourage brilliant lawyers from aspiring to be Judges. Why would anyone aspire to be a judge when he can earn many times more as a practicing lawyer”.

Last week, I discussed the 2015 Guidelines for the appointment of judicial officers and how it has led to the invitation extended to Lawyers in Private Practice to apply for appointment as justices of the Court of Appeal and the Supreme Court. However, as laudable as this development is, the fact remains that to attract brilliant lawyers to the judiciary, the pay of judicial officers must witness a significant increase from what obtains at the moment.

In the early days, shortly after independence, the pay of Nigerian judges ensured that they lived comfortable lives. They were the envy of many in society. However, with the passage of time and economic downturn, the pay of Judges became affected such that Judges began to find life difficult. This fact coupled with poor working conditions such as having to write in long hand and sitting in often dilapidated structures made many lawyers who were otherwise qualified for appointment to the judiciary to shun the Bench. Unfortunately, the fact remains that Nigerian Judges still rank among the least paid in the world. This development without a doubt is likely to contribute to corruption as Judges may be forced to look for other means for survival. This very point was made in the Global Corruption Report 2007 of Transparency International published by the Cambridge University Press. At page 5 the report reads as follows:

“Judicial salaries that are too low to attract qualified legal personnel or retain them, and that do not enable judges and court staff to support their families in a secure environment, prompt judges and court staff to supplement their incomes with bribes. …In relation to other government employees judges should receive among the highest salaries. While the salary of a federal judge of a district court in the United States is not commensurate with what a judge might have earned in private practice, it is higher than most government employees and the prestige of the post makes it a sought-after position. The salary differential branches of government can be galling in some countries. Not so long ago, police in Uzbekistan received higher salaries than judges.”

Comparism with other jurisdictions

Regrettably, as stated earlier, the pay of Nigerian Judges compares poorly with their foreign counterparts. At the rate N199 to a Dollar, the following table demonstrably shows that Nigerian Judges are the least paid:

SALARIES OF JUDGES (PER ANNUM)
CHIEF JUSTICE
NIGERIA S/A UK US
(N) (R) (£) ($)

AMOUNT IN LOCAL DENOMINATION 6,727,945.92 2,478,378 247,112 223,500

EQUIVALENT IN DOLLAR
33,800.33 161,346.97 354,609.43 223,500

EQUIVALENT IN NAIRA @ 199.05
6,727,955.69 32,116,114.38 70,585,007.04 44,487,675.00

NIGERIA 6,727,955.69
SOUTH AFRICA 32,116,114.38
UNITED KINGDOM 70,585,007.04
UNITED STATES 44,487,675.00

In 2013, the then Lord Chief Justice of England, Lord Judge, in his final annual report as Lord Chief Justice, expressed the fear that unless the pay of Judges was raised from its average of £175,000 per year (N43,750,000 (Forty three million seven hundred fifty thousand Naira) – at the then exchange rate of N250 to a pound) many top lawyers will reject the opportunity to become Judges. In his report on the matter, the MailOnline in its edition of 31st August 2014 stated as follows:

“Britain’s top judge has launched a scathing attack on the decision to slash his colleagues’ pay, warning it has destroyed morale in the profession and risks compromising the quality of future recruits.Lord Chief Justice, Lord Judge, who is standing down from the role later this year, says sweeping salary cuts of as much as 60 per cent since 2011, allied to an increased workload, is seriously affecting judges’ state of mind.

And he fears that unless pay is raised from its current average of £175,000 per year, top lawyers will reject the chance to become judges. In his final annual report, he said there was a growing gap between senior lawyers’ pay and that of Judges.

Judges are also working harder, he said, no longer presiding over trials and hearings, but also involved in administrative and other duties. This combination of changes has lowered morale, which raised doubts about the ability to ‘recruit, retain and motivate sufficient high-quality people to the judiciary’.”

While some hold the view that appointment as a Judge carries with it a prestige which may compensate for fantastic or adequate pay, the fact remains that prestige alone may not be enough to put food on the table. Furthermore and as stated by the then Lord Chief Justice of England, poor pay will discourage brilliant lawyers from aspiring to be Judges. Why would anyone aspire to be a Judge when he can earn many times more as a practicing lawyer. Addressing this point and stating why the salary of Supreme Court Justices is high in the United States, Jelfrey Joyner stated as follows:

“In 1789, the compensation for the first justices of the Supreme Court was $4,000 per year for the chief justice and $3,500 for the associate justices. In the original constitutional draft, any adjustment of this salary was prohibites, but this was deemed unworkable. Congress was allowed to increase Supreme Court justice salaries, with three factors cited as justifying the increase: inflation, increased workload and expectations of society. Additionally, delegates to the constitutional convention noted that to attract people with the education, talents and integrity desired for the Supreme Court, it would be necessary to provide them with competitive compensation……. The current salary for Supreme Court justices is significantly higher than the average salaries earned in related occupations. In 2010, the median salary for all judges and magistrates, regardless of level, was $119,270. Federal circuit judges earned an average of $184,500. Lawyer earned a median of $112,760 annually. The top 10 percent in these occupations earned more than $160,000 annually….”

It is my hope that the authorities in Nigeria will eventually adopt similar policy and place a premium on paying judges wages commensurate their work and attractive enough to encourage qualified lawyers to aspire to the Bench.

AARE AFE BABALOLA, OFR, CON, SAN, LL.D.