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You’ve messed up the judiciary, retiring judge blasts CJN *Cites exclusion of S’East from S’Court
“My lords, distinguished invitees, ladies and gentlemen, it is obvious that the judiciary I am exiting from is far from the one l voluntarily joined and desired to serve and be identified with. The institution has become something else,” were part of the exact words with which Justice Musa Dattijo Muhammad, until last Friday, Justice of the Supreme Court, came down heavily on Olukayode Ariwola, his colleague at the apex court and currently the Chief Justice of Nigeria (CJN), stopping short at directly calling him a corrupt judge, but left little unsaid, regardless.
On the same day he retired from the apex court, after a 40-year stretch at the judiciary, Muhammad, loosened his tongue to reveal activities at the highest court in the land, with damning verdict linked to Ariwola’s handling of his job as the CJN, including nebulous handling of its funds of the court.
While delivering his address at the valedictory session, before a large audience, comprising his colleagues at the Supreme Court of Nigeria (SCN), other judges at the various courts down the ladder, lawyers and stakeholders in the country, he accused Ariwola of abusing his power, citing particularly, his deliberate exclusion of Igbo judges from the apex court bench.
Stressing how the CJN possessed absolute power over the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), and the Legal Practitioners Privileges Committee (LPPC), he regretted its misuse by the CJN in appointing judges and other judicial officials, as well as to control the budget of the third arm of government.
Citing a situation where the Supreme Court comprised only judges from the South West, South-South, North West with none from the South-East, he said such a situation was clearly antithetical to democratic principles and unhelpful to Nigeria’s diversity, adding that even the North-Central, where he came from had suffered the same fate, since Ariwola had refused to appoint his replacement, even when he was aware of his impending exit.
Accusing the CJN of using this power to his advantage and the detriment of the judiciary, he pointed out how ignoring the South East from the apex court, even though the zone was entitled to seats in it, he said the action was a direct threat to the principle of representation, which the judiciary must reflect, a situation he added had weakened public confidence in the judiciary.
His words: “To ensure justice and transparency in presidential appeals from the lower court, all geopolitical 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 envisaged. Justice Chima Centus Nweze died on July 29, 2023, Justice Sylvester Ngwuta, died on July 7, 2021, and since then, no appointment has been made to fill the vacuum.
“The South East no longer has any presence at the Supreme Court” he said, adding “it has been two years and seven months since the previous justice from the South East died and no appointment was made. Also, it was clear ab-initio that I will be leaving the court this day on attaining the statutory age of 70. It is then not in doubt that there has been sufficient time for suitable replacements to have been appointed. This is yet to occur. 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 Chief Justice of Nigeria and the responsible exercise of the same.”
Muhammad, who also revealed his personal experience as the next in command to Ariwola, before his retirement, stressed that the absolute powers the CJN enjoyed over the appointments in the NJC, FJSC, NJI, the LPPC, responsible for the appointment of Senior Advocates of Nigeria (SANs), could only breed corruption.
Regarding himself, he said his role as the next most senior justice of the apex court before his retirement, was no better than the ugly fate of a deputy governor who was not consulted by his principal over any decision.
“As chair of the NJC, FJSC, NJI and LPPC, appointments as council, board and committee 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 percent of members of the council and 60 percent of members of FJSC. The same applies to NJI and LPPC. Such enormous powers are effortlessly abused. This needs to change,” he said, calling for the reduction of the CJN’s powers.
Warning of how the continued denial of the existence of this threatening anomaly weakened effective judicial oversight in Nigeria, called for improved welfare of judicial officers, adding that beyond the issue of judicial officers’ salaries that had remained static for 15 years, what the judiciary die with its allocations in the budget ought to be scrutinised as well.
“Who is responsible for the expenditure? An unrelenting searchlight needs to be beamed to unravel how the sums are expended. President Muhammadu Buhari in 2016 ordered the forceful entry into the houses and the arrest of justices some of whom were serving at the apex court. Not done, in 2019 the government accosted, arrested and arraigned the incumbent Chief Justice before the Code of Conduct Tribunal for alleged underhand conduct. With his retirement apparently negotiated, he was eventually let off the hook.
“In 2022, in a letter signed by all the other justices of the Supreme Court, including the current Chief Justice, the aggrieved protested against the shabby treatment meted to them by the head of court and the Chief Registrar. At the centre of the friction was their welfare and the cavalier attitude of the Chief Registrar thereto. In the event, his lordship Ibrahim Tanko Muhammad disengaged ostensibly on grounds of ill-health.
“Now, it must be said, Chief Femi Falana is right that the safeguard in our appointment procedures against judicial appointments for improper motives is increasingly being compromised. Certainly, by Rule 8.3 of the Judicial Code of Conduct “any judge who takes advantage of his judicial office for personal gain or for gain by his or her relative or relation abuses the power vested in him!!!.
Regretting a situation where the Chief Registrar earned N1.2 million per month as against the take home N751,000 for the judges, he said: “That the unjust and embarrassing salary difference between the justices and the Chief Registrar still abides remains intriguing to say the least. Valedictory session after valedictory session lapses and challenges that should be nipped are restated to no avail. Why the silence and seeming contentment?”
He added: “A couple of years ago, appointment to the bench was strictly on merit. Sound knowledge of the law, integrity, honour, and hard work distinguished those who were elevated. Lobbying was unheard of. I never lobbied, not at any stage of my career, to secure any appointment or elevation. As much as possible the most qualified men and women were appointed. That can no longer be said about appointments to the bench.
“The judiciary must be uniquely above board. Appointments should not be polluted by political, selfish, and sectional interests. The place of merit, it must be urged, cannot be over-emphasised. Public perceptions of the judiciary have over the years become witheringly scornful and monstrously critical. It has been in the public space that court officials and judges are easily bribed by litigants to obviate delays and or obtain favourable judgments.”
“Recently, fresh allegations have been made that children and other relatives of serving and retired judges and justices are being appointed into judicial offices at the expense of more qualified candidates lacking in such privilege and backing. It is asserted that the process of appointment to judicial positions are deliberately conducted to give undue advantage to the ‘children, spouses, and mistresses’ of serving and retired judges and managers of judicial offices. At the Court of Appeal, it is also asserted, presiding Justices are now being appointed out of turn.”
“A number of respected senior members of the bar inter alia, citing the Ahmed Lawan, the former President of the Senate and Imo governorship appeals, claim that decisions of even the apex court have become unpredictable. It is difficult to understand how and where, by these decisions, the judicial pendulum swings. It was not so before, they contended.
“In some quarters the view is strongly held that filth and intrigues characterize the institution these days! Judges are said to be comfortable in companies they never would have kept in the past. It is being insinuated that some judicial officers even campaign for the politicians. It cannot be more damnifying! The judiciary I just retired from is way below the standard compared to when I joined. There must be urgent judicial reforms.”
On his part CJN, who spared no words in eulogising the retiring jurist while acknowledging the difficulties in the judiciary, including the fact that how the apex court now posted the lowest justices in its history (10 instead of 21), maintained that Muhammad would still be remembered for his intellectual prowess, regardless.
“With Justices Musa Dattijo leaving us today after the retirement of Hon. Justice Adamu Amina Augie a few weeks ago, we are now left with just 10 Justices on the Supreme Court Bench; being the lowest we have ever had in contemporary history of the Court.
“However, I can confidently assure all the litigant public that efforts are in top gear to get on board a sizable number of Justices to boost our rank and complement the tremendous effort we have been investing in the business of the Court. I am so emotionally overwhelmed, and at the same time, profusely exhilarated to personally witness this uncommon valedictory session.
“This is not because I have never witnessed or presided over valedictory sessions before; but for the fact that we are honouring a quintessential judicial icon with dazzling qualities and alluring stature who could, in one breath, be classified as a model of excellence that transcends the legal profession.
“My Lord Hon. Justice Musa Dattijo Muhammad in whose honour we assemble here today, is an epitome of jurisprudential finesse; an insuperable lion with an irrepressible voice in the temple of justice.”
Afenifere, the pan-Yoruba socio-cultural organisation, seems to find merit in the damning verdict of the US Commission on International Religious Freedom (USCIRF), accusing security agencies in Nigeria of complicity in the deluge of terrorist attacks in the country.
Jare Ajayi, National Secretary of the group, in agreeing with the position, posited on Wednesday: “This is because of the strong belief that the nature of terrorism bedeviling Nigeria would not be festering for this long without complicity from some powerful quarters.”
Though he acknowledged the determination of some patriotic operatives and government to stem the tide, he posited how difficult it was to believe that the activities of the terrorists would continue to thrive without active connivance.
Hear him: “With the vows by the President and top security officers, one has the feeling that the government is determined to end terrorism in Nigeria. When President Bola Tinubu appointed General Christopher Musa, (retd), as Minister of Defence, we had a lot of hope that within months, a total stop would be put to terrorism and banditry in the country.
“Unfortunately, there seems to be a spike, rather than reduction. The reason for this could be rooted in sabotage and complicity from within and from without. This tends to buttress the alarm raised by the US Commission.”
Stressing how the organisation been consistently calling the attention of authorities to areas that needed be looked into he maintained that these included politicians, who could be complicit in promoting the urgly situation.
Citing the recent comments by Godswill Akpabio, Senate President, who pointed in the same direction, Ajayi stated that no matter how unpalatable the position of the US body could be: “It is very important not to dismiss it but to use it a beacon with which to comb all areas.”
“Many people doubted us. Some dismissed us. Others predicted confusion, division, and even outright collapse. But you stood firm. You kept faith with the ADC. And today, because of your commitment, our party stands taller, stronger, and more united.”
With these words, David Mark, National Chairman of the African Democratic Congress (ADC) on Wednesday’s night showered praises on members for conducting what he considered a flawless presidential primary election to choose its candidate for the 2027 election.
Mark, Senate President from 2007 to 2015, his audience at the Congress Hall of Transcorp Hilton, Abuja, that by the outcome, the party had demonstrated that democracy and political competition could still thrive in Nigeria without crisis or division.
Regardless of the rejection of the result of the exercise by Rotimi Amaechi, former Minister of Transportation and Mohammed Hayatu-Deen, former Chairman of the Nigerian Economic Summit Group (NESG), who contested in the exercise, the former Chairman of the National Assembly, was still upbeat about its outcome.
Atiku Abubakar, Vice President between 1999 and 2007, had emerged winner of the process that took place across Nigeria from Monday till Wednesday, when the result was eventually announced.
The declared result showed that the former VP who would be running for the nation’s number one job for a record seven times came tops with Atiku 1,846,370, to Amaechi’s 504,117 and Hayat-Deen’s 177,120. Total votes cast in the election: 2,546,457 in the 3,113,599 tally.
Mark, who officially presented the ADC flag to Atiku as the party’s presidential standard-bearer, was emphatic that the exercise was not merely about producing a presidential candidate but about proving that internal democracy could still function effectively in the country.
Hear him: “Today is not just about announcing a presidential candidate. Today is also about proving a point to Nigeria and to Nigerians. It is about proving that democracy can still work.
“Proving that political competition does not have to become political warfare. That a party can organise itself around principles instead of personalities. This event has shown that in a season of deep national anxiety, a bright future is still possible.”
Stressing that had doubted the party’s ability to conduct a peaceful and credible primary, with some predicting division and collapse within the ADC, he praised members of the Presidential Screening Committee and Presidential Primary Election Committee for what he described as their professionalism and commitment to fairness despite pressure surrounding the exercise.
“In the face of enormous pressure, logistical complexity, and intense national attention, they carried out their responsibilities with courage, discipline, and an unwavering commitment to fairness and transparency. The conduct of the primary has strengthened confidence in the party and its democratic process.
“Their work has strengthened the credibility of this exercise and reinforced the confidence of our members and the Nigerian people in the integrity of the African Democratic Congress.
“It is important to mention that we are the only political party to have three strong aspirants contest for the presidential ticket. This alone makes the ADC unique in its deep commitment to democracy and democratic practices.
“By subjecting themselves to this process, they did not merely contest an election. They strengthened democracy. And despite efforts in some quarters to create uncertainty and tension, they remained committed to this process and to the ideals of this party,” he added.
For Nnenna Nnannaya-Oti, the first female Vice-Chancellor of the Federal University of Technology, Owerri (FUTO), it was another day of glory, as Alex Otti, Governor of Abia laid out another red carpet for her in lieu of her starling performance in the 2023 governorship election in the state.
The university don, was the Returning Officer of the Independent National Electoral Commission (INEC), who was nationally recognised for standing her ground against forces that reportedly tried to skew the process, leading to the emergence of Otti as governor.
Since then, she had received several recognitions including from the governor and other bodies, including her own students at FUTO, who gave her a heroic welcome upon the conclusion of her INEC task – the first and only one to be so accorded in Nigeria.
Wednesday’s recognition came through the naming of the newly inaugurated Umuahia Central Bus Terminal, a multimodal transport facility in the state capital after her, by the governor, who said it was in recognition of her role in that exercise.
Otti, who stressed that the decision was informed by her act of courage, integrity and commitment to truth, said: “This terminal has been named after Professor Nnenna Nnannaya-Oti, the courageous INEC returning officer who demonstrated unflinching integrity in the discharge of her duties during a high-stakes election assignment here in Abia.”
The governor, while stating that the honour was not limited to don alone but symbolised all individuals who resisted electoral manipulation added: “In 2023, through her courageous disposition of standing firmly by the truth… she reminded us that ordinary people can achieve extraordinary results by simply saying no.
“So she’s just a representative of all of you—INEC staff who never bent, party officials who didn’t give in, security agencies… people who said no to intimidation.”
Stressing that the state had moved beyond basic infrastructure delivery to building an integrated transport system, he said: “The days of playing small is over. We shall no longer confine ourselves to the margins.”
He explained that the terminal was designed to accommodate over 340 buses and would improve accessibility, safety and efficiency in urban transport operations, adding that it would be supported by electric bus services, with 20 already in operation, while additional units are expected in phases.
“Services will keep improving as more buses are delivered… and you can tell with accuracy when a particular bus will arrive and depart,” he said.
He urged residents to protect the facility and support government efforts by maintaining order and paying taxes, warning against vandalism, waste disposal violations and other practices that could undermine the project, stressing that offenders would face sanctions.
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