Although the dust may have settled, but the controversy generated by the NJC's monthly allocation for overhead expenses to the Lagos State Judiciary will linger for sometime. Retired Justice Sotuminu was on the firing line as dismay over how the money was applied threatened what was generally considered to be an eventful tenure. Oluwatoyin Badejogbi, Access to Justice Senior Programme Staff writes on the disaffection amongst Lagos High Court Judges over the issue. He opines that the NJC should have examined more thoroughly, the complaints and the use to which the funds were put.

D isclosures that the National Judicial Council (NJC) has been disbursing N200,000.00 per
month as overheads for the court and chambers of each State High Court Judges for 24 months shocked many who convened for the 2003 All Nigeria Judges Conference in December 2003. Until this time, not many judges had been aware that so much was appropriated monthly for their courts and chambers. The revelation came in the context of clarifications made by Hon. Justice Uwais, CJN and Chairman of the NJC on the issue. When Chief Justice Uwais clarified that the disbursements were intended as monthly overheads of each judge's court and chambers, not a few judges at the conference felt their respective Chief Judges had shortchanged them. Subsequently, and on the CJN's direction, the Secretary to the NJC directed a circular to State High Court Chief Registrars, Directors of Finance and Supplies, Heads of Accounts Divisions and Internal Audits Units to state clearly that the monthly allocations were meant for:
i) Travel (duty tour allowance) and transport for judges;
ii) Utility services and settlement of their bills and rates;
iii) Telephone services and settlement of bills;
iv) Maintenance of office furniture and equipment, such as computer, typewriter, photocopier, fax machine, telephone, generator or plant, etc:
v) Entertainment;
vi) Purchase of stationeries, gas/diesel and any computer or office equipment accessories;
vii) In the case of the Honourable Chief Judge, expenditures on the above items extend to his/her residence.
If the NJC thought the clarification would allay suspicion that the funds were being expended for the purposes for which they were appropriated, they were in for a surprise. In fact, some judges viewed the circular as impeccable evidence that their Honourable Chief Judges were having a party with their monthly allocations. In Lagos State particularly, the NJC clarification generated such tension and acrimony that split the Lagos bench, with 23 high court judges pitching against the immediate past Chief Judge, Justice Ibitola Sotuminu. The 23 judges signed a letter to the Chief Justice, Hon. Justice Muhammadu Uwais protesting that until the NJC Secretary's circular, they had been kept in the dark about the monthly overheads. They further protested that:
ii.) They had made certain requests in the past, for items covered by the NJC circular but their requests were turned down on grounds of lack of funds. Rather, every six weeks or so, they were given stationery for each court, namely, about six bic biros, a bottle of Quink ink, a packet of brown envelops, some ruled foolscap paper, two toilet rolls, twine, glue, pins, paper clips, typing sheets and duplicating paper.
iii.) The majority of judges were never supplied office equipments such as computers, printers, typewriters, telephones, photocopiers, fax machines, etc and so they could never have been maintained.
iv.) Most courtrooms and chambers were poorly lit and lack air-conditioners and furniture like filling cabinets, chairs, benches, cupboards or fans. Majority of judges do not have telephones and the bills on the few available lines are left unpaid leading to their being tossed. Backup generators in the Lagos Division are not adequately fueled to ensure continuous supply of electricity in courts and chambers, as a result of which judges are constrained not to sit or rise early. Some divisions do not even have backup generators
v.) Judges fuel, maintain and repair their cars with personal funds. Furthermore, outstation allowances were never made available in respect of some judges who sit and commute to remote divisions such as Badagry and Ikorodu.
vi.) Judges expend personal funds to run and maintain their courts, purchase office equipment like computers, printers and their accessories.
Alongside other reasons, these 23 judges urged the Chairman of the NJC to investigate the utilization of the monthly overheads, doubting that the monthly overhead allocations were being used for the purposes they were appropriated.

“It comes as a surprise that the NJC Secretary did not disclose how the NJC came to that conclusion. Was there an investigation into the allegations of impropriety at all? Did the Council receive and deliberate on the letter of 23 Lagos State High Court Judges before it concluded there was nothing to investigate, or, to quote the Secretary, “address”?

Their Lordships may have been emotive with their grievances, and were clearly mistaken when they thought the monthly allocations were meant as grants to be released and managed by judges as monthly imprest. As the NJC would clarify subsequently, the disbursements were not meant as grants to be managed by individual judges but by the Chief Registrar as the Accounting Officer of the State Judiciary, for the court and chamber of each judicial officer. The NJC also made clear that the sum of N200,000.00 per month was arrived at as an equitable distribution formula for all state high courts. They may also have missed the point on the kinds of expenditure covered by the monthly disbursements. Hon. Justice Sotuminu explained that the funds are not for acquiring, but maintaining office equipment. Therefore, office equipment acquisition, such as computers, photocopiers, air conditioners fall under capital expenditure which the State Government funds.

But the honourable judges may have had good reasons to protest: some of them did protest that their courtrooms have unserviceable air conditioners and fans, while others complained about broken furniture or tossed telephone lines. A publication reported that a Judge of the High Court at Ikorodu, Lagos State would not sit for 21 days due to NEPA disconnection of electricity supply to the court for failure to pay accrued bills. Another Judge reportedly claimed to have incurred personal expenses repairing an official computer. There are reports of broken down photocopiers, resulting in poor service delivery amongst judges. Are these not some of the incidentals that the NJC monthly disbursements were meant to cater for? Conditions of poor or broken down infrastructure are not peculiar to Lagos state. It is common to State High Courts across the country. Ironically, while Lagos State may boast of unserviceable air conditioners in their High Courtrooms, courtrooms in other state judiciaries may not even boast of functional fans.

“The concepts of independence and accountability of a judiciary, within a democracy, actually reinforce each other, Judicial independence relates to the institution - independence is not designed to benefit an individual judge, or even the judiciary as a body. It is designed to protect the people” - TI Source Book 2000

“They are the only ones who can tell you what their problem is. They are now hiding under this overhead expenses and NJC has clarified it that they are not meant to be given to Judges. It will surprise you that one of them at that time...was Chief Registrar herself. So does it mean that when she was there, they were sharing it?” - Justice Ibitola Sotunimu (rtd). former CJ, Lagos State reacting to the uproar over the overhead allocations in an interview with Access to Justice