A retiring Supreme Court Justice, Musa Dattijo Muhammad, has expressed regret that the judiciary has turned into what he called “something else” in Nigeria.
He further regretted that the judiciary he joined years ago is not the same that he is now retiring from.
Justice Muhammad, who bowed out of the apex court bench, after 47 years in active judicial service, at a valedictory session yesterday, October 27, said: “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.”
He said that the judiciary, as presently structured, gave so much power to the Chief Justice of Nigeria (CJN), who has the power to make decisions without consulting other justices.
“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), the National Judicial Institute (NJI), the 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.”
Justice Muhammad alleged that the refusal to fill the vacant slot of South East on the apex court bench is deliberate, blaming it on “absolute powers vested in the office of the CJN.”
He said that with his retirement, the North Central zone, which he represented, would no longer have a Justice on the Supreme Court bench.
“My lord Hon. Justice Ejembi Eko JSC, who also represented the zone, retired on 23rd of May, 2022. It has been a year and five months now. There has not been any replacement.
“With the passing of my lord, Hon. Justice Chima Centus Nweze, JSC on 29th July 2023, the South East no longer has any presence at the Supreme Court. My lord, Hon. Justice Sylvester Nwali Ngwuta JSV died on 7th March 2021. There has not been any appointment in his stead for the South East.
“As it stands, only four geo-political regions- the South-West, South-South, North-West and North-East are represented in the Supreme Court.
“While the South-South and North-East have two serving justices, the North-West and South-West 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.”
Justice Muhammad lamented the poor funding and welfare of judges, saying that the budgetary allocation for the Judiciary increased from 70 billion in 2015 to 165 billion presently, “Justices and officers welfare and the quality of service the judiciary render have continued to decline.”
He said that it was as a result of allegations of corruption and perversion of justice that made former President Muhammadu Buhari to order the invasion of homes and arrest of some judges in 2016.
“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 left off the hook.
“In 2022, a letter signed by all 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.
“In the event, his lordship Ibrahim Tanko Muhammad disengaged ostensibly on grounds of ill-health.”
