The Annual Law Week of the NBA, Lagos Branch commenced on the 23rd of July, 2021 with the Theme “Disruption, Innovation and the Bar”. The Six Session of the event featured an interesting discussion on “Financial Autonomy of the Judiciary: Key to Judicial Independence or Ruse?”.

The Panelist on the session were Professor Konyinsola Ajayi, Mr. Ayo Obe, Rtd. Hon. Justice Babajide Candide-Johnson, Mr. Olawale Fapohunda and Mr. Y.C.Maikyau.

In his contributions to the conversation, Mr. Y.C. Maikyau noted that the judiciary can actually be independent without financial autonomy. In his views, the Learned Silk observed that it is a combination of the mindset and financial autonomy that would create a real atmosphere of judicial independence.

Rtd. Hon. Justice Babajide Candide-Johnson in his own comment noted that in a Constitutional democracy there are three powers; the Executive, Legislative and Judiciary. He observed that neither of the powers should interfere with the exercise of powers of the other. The Retired Justice also observed that there are two aspects to judicial powers, one is non-interference and the counterpart is judicial accountability and this is to ensure impartiality. He, therefore, concluded that financial autonomy is not a ruse but is something that we need to take seriously.

Mr. Olawale Fapohunda, the Honourable Attorney General of Ekiti State said that judicial financial autonomy is not the same thing as judicial independence. He stated that a lot of the debate is around financial autonomy for the institution rather than the issue of salaries and allowances. According to him “if you have the state-of-the-art Courts and our judges cannot go home happy, can we say we have judicial independence?”

The Honourable AG also expressed concern on the fact that the salary of judges has not been reviewed for over 11 years. He, therefore, concluded that the greater concern is not just about financial autonomy but whether the structures will enable our Judges fair better.