A RETIRING Justice of the Supreme Court, Justice Musa Dattijo Muhammad, has accused the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, of abusing the powers of his office.
Justice Muhammad, who took the opportunity of a valedictory session organised in his honour by the apex court to address what he observed as rots in the judiciary that have continued to affect the justice delivery system in the country, said: “Through the years, I rose to become the second most senior Justice of the country’s apex court and Deputy Chairperson of the National Judicial Council (NJC).
“Considering the number of years I have spent in judicial service and the position I have attained by the grace of the Almighty, I feel obligated to continue the struggle for reforms for a better Judiciary and would be leaning on the earlier submissions of those who had exited before me.”
He maintained that the judiciary, as presently structured, gave so much power to the CJN, who he said usually takes decisions without consulting other Justices.
The now retired jury Justice: “As presently structured, the CJN is Chairman of the NJC, which oversees both the appointment and discipline of Judges. He is equally Chair of the Federal Judicial Service Commission (FJSC), National Judicial Institute (NJI) and Legal Practitioners Privileges Committee (LPPC) that appoints Senior Advocate of Nigeria.
“In my considered opinion, the oversight functions of these bodies should not rest on an individual alone. A person with absolute powers, it is said, corrupts easily and absolutely.
“As Chair of NJC, FJSC, NJI and LPPC, appointments as council, board and commitment members are at his pleasure. He neither confers with fellow Justices nor seeks their counsel or input on any matter related to these bodies. He has both the final and the only say.
“The CJN has power to appoint 80 per cent of members of the council and 60 per cent of members of FJSC. The same applies to NJI and LPPC.
“Such enormous powers are effortlessly abused. This needs to change. Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country.”
On the current composition of the Bench of the apex court, Muhammad alleged that the refusal to fill the vacant slot of the Southeast on the apex court Bench was deliberate, blaming it on “absolute powers vested in the office of the CJN.”
He further stressed that with his retirement, the North Central zone, which he represented, would no longer have a Justice on the apex court Bench, noting: “Justice Ejembi Eko, who also represented the zone retired on May 23, 2022. It has been a year and five months now, there has not been any replacement.
“With the passing of Justice Chima Centus Nweze on July 29, 2023, the Southeast no longer has any presence at the Supreme Court.
“Justice Sylvester Nwali Ngwuta died on March 7, 2021. There has not been any appointment in his stead for the Southeast.
“As it stands, only four geo-political regions- the Southwest, South-South, Northwest and Northeast are represented in the Supreme Court. While the South-South and Northeast have two serving Justices, the Northwest and Southwest are fully represented with three each.
“Appropriate steps could have been taken since to fill outstanding vacancies in the apex court. Why have these steps not been timeously taken?
“It is evident that the decision not to fill the vacancies in the court is deliberate. It is all about the absolute powers vested in the office of the CJN and the responsible exercise of same.”
On the membership of the panel that heard the presidential election appeals by PDP candidates, Alhaji Atiku Abubakar, and his Labour Party (LP) counterpart, Mr. Peter Obi, Muhammad, said: “To ensure justice and transparency in presidential appeals from the lower court, all geo-political zones are required to participate in the hearing.
“It is, therefore, dangerous for democracy and equity for two entire regions to be left out in the decisions that will affect the generality of Nigerians. This is not what our laws envisage.
“Although it can be posited that no one expected the sudden passing of Justice Nweze, yet, it has been two years and seven months since previous Justice from Southeast died and no appointment was made.”
Regarding funding and independence of the Judiciary, he lamented that though the budgetary allocation for the Judiciary increased from N70billion in 2015 to current N165billion, Justices and officers welfare and the quality of service the judiciary render have continued to decline.
According to him: “It may interest one to know that the Chief Registrar of the Supreme Court earns more than the Justices. While she earns N1.2million per month, Justices take home N751, 000 in a month.
“The CJN, on his part, takes home N400, 000 plus. The salary of a Justice, curiously, drops rather than increases when he/she gets the added responsibility of being a CJN.
“That the unjust and embarrassing salary difference between the Justices and the Chief Registrar still abides remains intriguing to say the least.”
He stated that it was allegations of corruption and perversion of justice that informed former President Muhammadu Buhari’s decision to order the invasion of homes and arrest of some Judges in 2016, noting: “Not done, in 2019 the government accosted, arrested and arraigned the incumbent CJN before the Code of Conduct Tribunal for alleged underhand conduct. With his retirement apparently negotiated, he was eventually left off the hook.
“In 2022, in a letter signed by all other Justices of the Supreme Court, including the current CJN, the aggrieved protested against the shabby treatment meted to them by the head of court and the Chief Registrar. In the event, Justice Ibrahim Tanko Muhammad (then CJN) disengaged, ostensibly on grounds of ill-health.
“My lords, distinguished invitees, ladies and gentlemen, it is obvious that the judiciary I am exiting from is far from the one I voluntarily joined and desired to serve and be identified with. The institution has become something else.”
