Attorney General of the Federation (AGF) Abubakar Malami and the National Assembly have faulted a suit seeking to compel the Federal Government to implement a pay rise for judges in the country.

They queried the competence of the suit filed by a Senior Advocate of Nigeria (SAN), Sebstine Hon, the court’s jurisdiction to hear it and prayed that it be dismissed.

Lawyers to the AGF and the National Assembly emphasised their clients’ positions while making final submission yesterday during the hearing of the case before Justice Osatohanmwen Obaseki-Osaghae of the National Industrial Court in Abuja.

Charles Yoila, who represented the National Assembly, argued that the suit, as constituted, ought to be dismissed against his client for being incompetent.

The lawyer queried the procedure of instituting the suit against his client without first issuing a pre-action notice, as mandated under Section 21 of Legislative Powers and Privileges Act 2017.

He said the claimant had no special interest to protect more than other lawyers in the country, adding that the cause of action does not directly affect him in person as he was not a serving judge.

Yoila averred that his claimant’s claim that he hoped to be a judge was a mere wish that had not changed his status as a lawyer and had not made him a judge.

The lawyer urged the court to dismiss the suit or strike out his client’s name from it.

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AGF’s lawyer, Ekene Elodimuo, urged the court to dismiss the suit for want of jurisdiction.

Elodimuo said his client’s position was based on the position of the law.

He averred that though the case was laudable, the claimant had not shown sufficient interest to warrant the filing of the suit to demand the improvement of welfare for judges when he is not one of them.

The claimant’s lawyer, Adegboyega Awomolo (SAN), prayed the court to grant his client’s reliefs, noting that the case was of national importance.

Awomolo frowned at the failure of the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) to file any process in the case.

He said the commission was directly affected by the case and described its decision to refrain from responding to the case as an act of impunity.

The claimant’s lawyer said all the parties in the case unanimously agreed that the last salary adjustment for judges was done in 2008 and that none of the defendants had justified the reason for their refusal to comply with the constitutional provision that stipulates periodical increment.

Awomolo said the shabby treatment meted out to the nation’s judges under Section 84(4) of the Constitution must be redressed.

The lawyer urged the court to stop the AGF from blowing hot and cold at the same time.

“We have moved from mere technicalities to substantial justice. So, I urge the court to hold the AGF to his public statements, admitting poor remuneration for judicial officers,” he said.

Lawyer to the National Judicial Council (NJC), Kunle Adegoke (SAN), associated himself with the claimant and prayed the court to grant all the reliefs sought.

Adegoke said it was sad that the salaries of judges had been stagnant for over 14 years without a review.

The lawyer argued that the National Assembly and the AGF had failed in their duties to improve on the remuneration of judges.

Adegoke argued that the Certain Political, Public and Judicial Office Holders Act, 2008, is inconsistent with Section 84(3) of the Constitution.

He called for the modification of the Act to bring it to conformity with the provision of the Constitution.

Justice Obaseki-Osaghae adjourned till July 15 for judgment.