The call for judicial autonomy has been recurring since the advent of the fourth Republic. The judiciary is far too sacred to be interfered with because it is the last hope of the common man. Every individual, regardless of status, is entitled to have unfettered access to a system that guarantees equity, fairness and justice.

The Constitution of the Federal Republic of Nigeria 1999 as amended expressly provides for judiciary’s autonomy in order for it to have the ability to govern itself and oversee the entirety of its operations. Such a system will make the judiciary to be incorruptible and outside the influence of other powers and authorities.

The judiciary ought to be an institution that enjoys the confidence of every member of the society. It cannot afford to be perceived to be under the influence or control of other authorities since people have recourse to it for justice

Section 81(3)(c) of the Constitution states that: “The amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the Federation shall be paid directly to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the State under section 6 of this Constitution.”

But contrary to this constitutional provision, the judiciary in most states is being funded through states’ ministries of finance.

In addition to these constitutional provisions, there have been a number of judicial pronouncements on the autonomy of the judiciary such as that of the Federal High Court delivered by Justice Ademola in the case of Judiciary Staff Union of Nigeria VS. National Judicial Council, the various Attorneys -General of the states and the Attorney- General of the Federation where it was held as follows:

“A declaration is hereby made that the 2nd – 74th Defendants’ failure, neglect and/or refusal to pay the Funds/Amount standing to the credit of the states’ Judiciary in the Federation/consolidated Revenue Fund directly to the Heads of courts in the various states Judiciary is a constitutional breach which has to be abated forthwith.”

Also, Justice Mohammed Dattijo led judgement in the case of Dr. Olisa Agbakoba VS The Attorney-General of the Federation, The National Judicial Council and The National Assembly held: “From the provisions of the Constitution of the Federal Republic of Nigeria 1999, it is beyond doubt that funding of the judiciary is governed and guided by constitutional provisions.

Furthermore, Dr. Olisa Agbakoba Senior Advocate of Nigeria (SAN) in his suit against the Attorney-General of the Federation, The National Judicial Council and the National Assembly drew the court’s attention to several International Conventions which re-emphasise the importance of judicial autonomy to show that it is a sacrosanct universal principle of law.

Last Thursday, the sixth female Justice of the Supreme Court of Nigeria, Amina Adamu Augie at a valedictory court session held in her honour as she bowed out of the Supreme Court Bench after attaining the mandatory retirement age of 70 years for judicial officers called on the National Assembly to carry out a wholistic amendment to the 1999 Constitution for effective functioning of Courts in the country.

She charged Senator Godswill Akpabio – led 10th National Assembly to make it a point of duty to amend the Constitution so as to free courts from undue hardships hindering their effective performance.

The erudite jurist said, the Supreme Court, as the Apex Court of the land which has final decisions on cases to shape society’s social order, said Justices of the court should be able to focus on what truly matters, issuing directives for formulating specific policies or amend existing ones to better serve their intended purposes.

“But how can they do that when they are drowning in an overwhelming caseload. The only way forward, as highlighted by the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola during the special session marking the commencement of the 2022/2023 legal year, is to amend the Constitution to restrict the circumstances under which appeals can reach this Supreme Court.

“This marks the final instance where my voice will be heard in any court and I wish to use this opportunity to directly address the 10th National Assembly, through distinguished Senate President Godswill Akpabio, who was once my student at the Law School.

“I had the privilege of teaching him evidence and I trust that he learned well. Hence, it should be evident to him that swift action is needed from the 10th National Assembly to accomplish what others could not – amending the Constitution to enhance the functioning of our courts in Nigeria”, she said.

Justice Augie implored the National Assembly to undertake the necessary constitutional amendments so that the Supreme Court and its Justices can be freed from the constraints that impede their ability to fulfill their mandate of upholding the rule of law, justice and democracy.

Following the increasing workload, as a result of the depleting number of Justices of the Supreme Court, the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi Senior Advocate of Nigeria (SAN) said the Federal Government is prepared and ready to strengthen the Apex Court to attain the required number of Justices as stipulated in the Constitution.

Prince Fagbemi said the Federal Government acknowledges the sacrifices and the working conditions of the current Justices of the Supreme Court and other Judges in Nigeria adding that: “President Bola Tinubu’s led government shall guarantee excellent conditions of service and renumerations good enough to appreciate the onerous duties of judicial officers at all level.

“While we appreciate the urgency in reviewing the remuneration of judicial officers which had not been done for over a decade as an integral component of our judicial reforms, we are also appreciative of the greater goal of achieving a true independence for the judiciary which can only be achieved through a comprehensive and sustainable reform process which requires attention and details”, he said.

He said the federal government has commenced a painstaking effort at revisiting and reviewing all necessary instruments towards strengthening the judiciary, rule of law and improving the living conditions of all judicial officers.

Earlier in his speech, the CJN said, Justice Amina Adamu Augie, “has, largely, made herself a pliable legal personality that has diligently sunk a pool of enduring legal knowledge and experience in all her judicial pronouncements. She has been a formidable ally, an admirable pillar of support and indeed, a jolly good fellow to all of us.

“His Lordship is a rare gem and unblemished symbol of humility and piety. Her judgments are not only incisive but equally analytical and rich in content and context. Her robust contributions to the development of our jurisprudence are fascinating and captivating, too. Her impeccable attention to details in every matter that came before her is alluring and salutary as well.”

The CJN said Justice Amina Augie has variously exhibited rare qualities and tenacity of strength and character to the admiration of her colleagues and admirers, especially when it comes to the administration of justice.

The President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau (SAN), in his speech said, there is no Supreme Court in the world that is over-worked like the Supreme Court of Nigeria.

Even at that, the NBA boss said Justices of the court still carry out their judicial duties diligently, he commended the sacrifices of the Supreme Court Justices.

The Constitution as it were is not bereft of the needed ingredients to make judicial autonomy possible in the country, rather what is needed is to make adequate provisions for stringent implementation of the provisions by proffering strict enforcement of what the Constitution specify. A clause should be inserted that will make it possible to punish those who refuse to implement what the constitution stipulates.