Justice Dattijo laments judicial corruption and finds the CJN’s “absolute powers” alarming

Musa Dattijo Friday, a retired Supreme Court justice, bemoaned the “far from the one l voluntarily joined and desired to serve and be identified with,” citing the unpredictable character of recent rulings made by Nigerian courts.

At a farewell court session held in his honour following his attainment of the mandatory 70-year retirement age from the Supreme Court bench, Justice Dattijo bemoaned the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola,’s absolute powers, stating that “a person with absolute powers, it is said, corrupts easily and absolutely.”

He stated that several esteemed senior solicitors have claimed that rulings from even the highest court have become unpredictable, citing the cases of former Senate President Ahmed Lawan and the Imo Governorship appeals.

“It is difficult to understand how and where the judicial pendulum swings by these decisions,” Justice Dattijo remarked. They claim it was not like this before. There are others who firmly believe that the institution is characterised by intrigues and depravity these days! It’s stated that judges feel at ease in businesses they previously would not have retained. There are rumours that some judges even serve as political campaigners. It is really damning.

He went on: A few years back, nomination to the bench was determined solely by merit. Profound legal knowledge, honour, integrity, and diligence set the elevated apart. It was unheard of to lobby. Throughout my career, I never engaged in lobbying to obtain a position or promotion. The most eligible men and women were assigned to positions where practicable. With regard to appointments to the bench, that is no longer true.

““The court needs to be above board in a special way. Sectional, self-serving, and political objectives should not taint appointments. One must highlight the importance of merit; it cannot be overstated. Over time, the court has come to be seen as both monstrously critical and witheringly mocked by the public. In the public domain, it has been seen that litigants can readily pay judges and court staff in order to avoid delays and/or secure favourable rulings.

Recent reports have surfaced suggesting that more capable applicants who do not have the same privileges and support are being passed over for judicial appointments in favour of children and other relatives of active and retired judges and justices. It is claimed that the appointment procedure for judicial positions is purposefully carried out to provide serving and retiring judges’ “children, spouses, and mistresses” and managers of judicial offices an unfair edge. It is further claimed that presiding Justices at the Court of Appeal are now appointed in a non-rotating manner.

In her speech, the recently retired JSC discussed the budget of the courts, the welfare of judicial officers, and the fact that, in addition to the question of judicial officers’ pay, which had been stagnant for 15 years, “it is instructive to enquire what the judiciary also does with its allocations.” Who bears the financial responsibility? To uncover how the funds are spent, a relentless searchlight must be shone.

He continues, “President Muhammadu Buhari issued an order in 2016 to forcibly enter homes and arrest justices, some of whom were sitting on the supreme court. Not satisfied, the government harassed, detained, and charged the sitting Chief Justice with unethical behaviour in front of the Code of Conduct Tribunal in 2019. He was ultimately absolved of responsibility as his retirement was ostensibly negotiated.

The resentful expressed their displeasure with the Chief Registrar and the head of court in a letter signed by all the other justices of the Supreme Court in 2022, including the Chief Justice at the time. Their welfare and the Chief Registrar’s smug attitude towards it were at the heart of the conflict. His Lordship Ibrahim Tanko Muhammad resigned at the event, purportedly due to illness.

“It is imperative to acknowledge that Chief Femi Falana is correct in pointing out that our selection processes are becoming less secure against the nomination of judges for unethical reasons. Rule 8.3 of the Judicial Code of Conduct states unequivocally that “any judge who abuses the power vested in him for personal gain or for gain by his or her relative or relation!!!”It is evident, my lords, distinguished invitees, ladies and gentlemen, that the judiciary I am leaving behind is very different from the one I deliberately entered, wanted to serve in, and wanted to be associated with. The organisation is now something different.

He said that “despite the phenomenal increases in the sums appropriated and released to the judiciary, justices’ and officers’ welfare and the quality of service the judiciary renders has continued to decline,” even though the current administration has added N35 billion to the N130 billion that former President Muhammadu Buhari had previously budgeted for the judiciary.Additionally, Dattijo asserted that the appointment of judicial officers was tainted by political, self-serving, and sectional interests, which was linked to the public’s bad opinion of the court.

The recently retired justice further characterised as “dangerous” the prospect of excluding a specific geopolitical region of the nation from the Supreme Court bench in cases involving challenges against the outcome of the presidential election.Along with others, the departed JSC bemoaned the shrinkage of the supreme court’s bench and called for immediate expansion.He made the following point: “All geopolitical zones are required to participate in the hearing in order to ensure justice and transparency in presidential appeals from the lower court.”Therefore, it poses a threat to democracy and equity for decisions that would have an impact on the majority of Nigerians to exclude two entire areas. This is not what our legal framework intended.

Dattijo continued, saying that the South-east “no longer has any presence at the Supreme Court” following the death of Justice Chima Centus Nweze on July 29, 2023, and that no one has been appointed to take Justice Sylvester Ngwuta’s post, which became vacant on July 7, 2021.The recently retired justice bemoaned that “it has been two years and seven months since the previous justice from the South-east died and no appointment was made,” even as she noted that nobody had anticipated the abrupt death of Justice Nweze.

In addition to the South-East, Dattijo claimed that the North-Central will now experience the same fate as the South-East as a result of his retirement yesterday, “since no replacement was made for the region two years ago following the retirement of Justice Ejembi Eko and Justice Sidi Bage, some years ago.”He continues,

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It was also evident from the outset that I would be leaving the court on this particular day after reaching the mandatory age of 70. Then, there is no question that there has been enough time to nominate qualified replacements. This has not yet happened.Dattijo questioned why appropriate measures have not been promptly taken to fill open positions in the highest court, pointing out that as of yesterday, only four geopolitical zones—the South-west, North-west, South-south, and North-east—are represented in the Supreme Court, with the South-west and North-west being fully represented.

“It is obvious that the decision to leave the court’s vacancies unfilled was made on purpose. It all comes down to the Chief Justice of Nigeria’s office having ultimate authority and using it responsibly, the speaker stated.Additionally, he called the arrangement in which the Chief Registrar of the Supreme Court receives a higher salary than the justices “unjust and embarrassing,” noting that the Chief Registrar “earns N1.2 million per month” while the judges “take home N751,000 in a month.””It remains intriguing, to say the least, that the unjust and embarrassing salary difference between the justices and the Chief Registrar still abides,” stated the retired JSC. After each valedictory session, mistakes and issues that need to be addressed are reiterated ineffectively. Why the apparent contentment and silence?Concerns over the CJN’s “Absolute Powers”The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, should have less authority, according to Justice Dattijo, the second-most senior member of the highest court’s bench. This is to prevent abuse of power.Dattijo pointed out that the power bestowed upon the CJN is too great for one person, stating that his path was peaceful and rewarding up until around halfway through the Supreme Court years, when the sporadic turbulent cracks turned it errant and askew.According to the current organisational structure, the Chief Justice of Nigeria (CJN) is the chairman of the National Judicial Council (NJC), which is responsible for managing judge appointments and disciplinary actions. He also serves as the chair of the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), and the Legal Practitioners Privileges Committee (LPPC), which selects Senior Advocates of Nigeria.

“It is my belief that more than one person should be responsible for these bodies’ supervision functions. It is stated that someone endowed with total power corrupts completely and readily. As Chair of the NJC, FJSC, NJI, and LPPC, he has the authority to designate people to serve on councils, boards, and committees. On any issue pertaining to these bodies, he neither consults with other justices nor requests their advice or opinions.He is the sole one with the last say as well. Sixty percent of the FJSC members and eighty percent of the council members may be appointed by the CJN. The same holds true for LPPC and NJI. Abuse of such immense powers is easy. This must be altered. Persistently disputing the presence of this concerning irregularity undermines the efficacious judicial supervision inside the nation.

““The Chief Justice of Nigeria, who will serve as Chairman, and the next most senior Justice of the Supreme Court, who will serve as Deputy Chairman, shall make up the NJC pursuant to the provisions of Paragraph 20 of Part One of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as amended.”Sadly, the next most senior justice on the Supreme Court has no official role and is not consulted on anything, much like deputy governors of states who are stripped of all official authority except at the governor’s discretion. “It is incumbent that the system provides for more inclusion and consultation among the stakeholders.” As No. 2, his role is to do as the CJN pleases.Olukayode Ariwoola, JudicialIn his address, Justice Ariwoola referred to the current state of affairs on the Supreme Court, where there are just 10 justices, as the lowest in recorded history.Over the past two years, retirements and deaths have resulted in a continuous reduction of the apex court’s bench.Justice Amina Augie retired a few weeks ago at the age of 70, and Dattijo became the latest member of the elite group of retired supreme court judges yesterday.There were eleven justices on the bench before he retired, but there are now ten, and they will hear the many appeals that come from the lower courts, particularly those involving political cases with deadlines.

Ariwoola has however guaranteed that every attempt is being made to add a sizable number of justices to the apex court’s bench.”Just 10 Justices remain on the Supreme Court bench, the fewest in the Court’s modern history, following Justices Musa Dattijo’s departure today and Hon. Justice Adamu Amina Augie’s retirement a few weeks ago.”Nonetheless, I can firmly guarantee all the litigant public that endeavours are underway to enlist a significant number of Justices to enhance our standing and supplement the extraordinary energy we have been devoting to the Court’s operations,” stated the Chief Justice.”I am so emotionally overwhelmed, and at the same time, profusely exhilarated to personally witness this uncommon valedictory session,” he said, praising the retired jurist.

“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,” the speaker said. “This is not because I have never witnessed or presided over valedictory sessions before.”We have gathered here today in commemoration of My Lord Hon. Justice Musa Dattijo Muhammad, who is the model of jurisprudential grace. He is an unstoppable lion in the temple of justice with an unquenchable voice.

“We are here to honour a distinguished iconoclast of Nigerian jurisprudence who has dedicated his considerable years of impeccable and unquestionable adjudications at various levels of Nigerian courts to the advancement of the legal profession.”

(THISDAY AND OBASANJONEWS24)