Justice Oluremi Oguntoyinbo revealed this while adding that her greatest challenge in service was how the Nigerian government and its agencies disregard court orders with impunity.
The Nigerian government has refused to comply with a ruling which stopped former governors who are eventually Senators and Ministers to enjoy retirement emoluments while drawing normal salaries and allowances in their new political offices.
Justice Oluremi Oguntoyinbo, a Federal High Court judge who is retiring from office, confirmed this on Thursday, adding that her greatest challenge in service was how the Nigerian government and its agencies disregard court orders with impunity.
She stated this in her speech on Thursday at the valedictory court session held in her honour at the Federal High Court, Ikoyi, Lagos, Justice Oguntoyinbo regretted the impunity towards judicial decisions and disrespect for the bench.
Justice Oguntoyinbo brought up the ruling in case no. FHC/L/CS/1497/2017, in which she ordered the Nigerian government to return pensions received by former governors who were currently serving as ministers and members of the National Assembly.
However, the ruling had not yet been followed by the government.
Oguntoyinbo said: “I have heard from some sources that there is plan to increase the retirement age of Judges from 65 to 70 years. It is my humble submission that in view of the circumstances prevailing in our country, retirement age for Judges should remain at 65 years unless the government is ready to put infrastructure in place to avoid long handwriting for judges which in itself results in deterioration on the health of the Judges.”
“I remember with pride my landmark judgment in suit no. FHC/L/CS/1497/2017 delivered in November, 2019 — Registered Trustees of Socio – Economic Rights and Accountability Project (SERAP) VS. The Attorney General of the Federation and Minister Of Justice; –where ‘I ordered that States should urgently institute appropriate legal action to challenge the legality of State Laws permitting former governors who are eventually Senators and Ministers to enjoy retirement emoluments while drawing normal salaries and allowances in their new political office and to identify those involved and seek full recovery of public funds from the former Governors.
“Regrettably, that order is yet to be obeyed. I find it very disappointing that Court orders are often not obeyed. If there’s anything i wish to change, it is the impunity towards judicial decisions and the disrespect for the bench. I also feel saddened by the inadequate recognition of the work of Judges despite the high qualifications for appointment to the bench and the pitiable salaries of judges which have remained static for several years.
“I am retiring ahead of my time because I had surgery to reset my right hand in October, 2022 which needed six (6) months to heal. I had suffered this ailment since 2019 but continued with my job since being a judge in Nigeria requires significant writing. As one who enjoys writing, I could not imagine how to continue to serve as a Judge without being able to write; this coupled with my Husband’s encouragement, brought about the decision to retire from the bench.
Likewise, in his speech, Mr. Wale Babalakin (SAN), speaking on behalf of the Body of Senior Advocates of Nigeria (BESAN), demanded a review of the salaries and benefits received by the nation's judges, claiming that their working conditions are appalling.
According to Mr. Wale Babalakin (SAN), the current pay for judges in Nigeria is insufficient to entice the best talent from the bar.
Babalakin used the 1964 Western Region as an example, where the local government paid judges higher salaries than the governor of the Central Bank. He claimed that this was done to attract the brightest minds to the system.
He said,” This impacted positively on the judicial system of the region at the time.”
“Let me say categorically that only the lawyers and Judges in active practice can consciously save the judiciary. If we rely on those who are temporarily in government to positively enhance the judiciary we will have to wait for a very long time.
“It’s time we come together and fight for ourselves. Let us get together and save the judiciary. As a son of a Judge, of the old Western States, I am alarmed, and disappointed about the condition of service of the Judiciary.
“I am unable to relate with it. I am unable to compare it with the Judiciary I knew in my childhood. We have witnessed the deterioration of the judiciary while we fold our arms, and watch as things go down.
“I am calling on the Senior Advocates who are making tons of money through this system to know that we have to protect and enhance the judiciary.
“If we will continue to have a forum for justice, and make the Judiciary attractive for the best of lawyers. I can give you a hint, in 1964 the salary of a high court judge of the old Western States was higher than the salary of the governor of the Central Bank of Nigeria. That was because the Western States consciously decided to attract the best to the Bench, and make them very comfortable and ensure they lacked nothing. We must fight for our profession,”Babalakin stressed
Justice John Tsoho, Chief Judge of the Federal High Court, gave a warm welcome to the gathering and praised Justice Oguntoyinbo for her ten years of meritorious service to the court and the country while maintaining her health and integrity.
Tsoho said,” It is a great achievement for a judge to serve especially this country and retire without blemish.
“Justice Oguntoyinbo could be profiled as peaceful, very firm, friendly, humane, honest, generous, incorruptible, and hard working. She is very dogged in the pursuit of her rights and entitlements.”