Justice Dattijo’s Testament on Nigeria’s Judiciary and Matters Arising

Justice Dattijo’s Testament on Nigeria’s Judiciary and Matters Arising

Valedictory sessions are fast becoming the only avenue for judicial officers to ventilate their anger and resentment about happenings in the system. The ethics and conservative nature of the profession might be responsible for the loss of voices by judicial officers while they are still in service. The only exception in recent time was when

Valedictory sessions are fast becoming the only avenue for judicial officers to ventilate their anger and resentment about happenings in the system. The ethics and conservative nature of the profession might be responsible for the loss of voices by judicial officers while they are still in service.

The only exception in recent time was when they collectively protested the poor welfare condition of judicial officers in 2022. They wrote a letter signed by all the other justices of the Supreme Court, including the current Chief Justice, Justice Olukayode Ariwoola and protested against the shabby treatment meted to them by the head of court and the Chief Registrar.

Justice Musa Dattijo Rtd

At the centre of the friction was their welfare and the cavalier attitude of the Chief Registrar. The situation was saved when his lordship, Justice Ibrahim Tanko Muhammad disengaged ostensibly on grounds of ill-health resigned his appointment.

But the unique opportunity presented to retiring justices during valedictory session have been used to x- ray the judicial system. Last Friday, Justice Musa Dattijo Muhammd retired after 47 years of service and attaining the compulsory retirement age of 70 years for judicial officers in the country. Justice Ariwoola, the CJN said: “I am so emotionally overwhelmed, and at the same time, profusely exhilarated to personally witness this uncommon valedictory session”.

Indeed it was an uncommon session. In his 31-page valedictory speech in which some instructive points about the enhancement of the justice sector were made ,Justice Dattijo bemoans corruption in judiciary and expressed worries about ‘absolute powers’ of the CJN, ‘which can only lead to corruption’

Hear him: “Valedictory session after valedictory session lapses and challenges that should be nipped are restated to no avail. Why the silence and seeming contentment?”

His interrogation of issues affecting the judiciary could be categorized into three – lack of accountability in the judiciary, deliberate failure to fill vacancies in the Supreme Court and appointments now by lobby and not by merit.

Lack of financial accountability in the judiciary

Justice Dattijo queried the lack of financial accountability within the judiciary. He said there was a steady increase in the allocations to the sector in the eight years of the former President Muhammadu Buhari and the recently allocated fund by the new government.

According to him, N70 billion was allocated to the sector in 2015. It was increased to N100 billion in 2017 fiscal year and N110 billion in 2018. In May 2023, when the old government bowed out, he said the sector’s allocation had surged to N130 billion, out of which more than 85 percent had been released to the sector. The new government of President Bola Ahmed Tinubu has also allocated N35 billion to the judiciary in the supplementary budget, making it a total of N165 billion accessible to the justice sector.

His verdict: despite this phenomenal increase, the judicial officers are not delivering comparable services. He also pointed out that the Chief Registrar of the Supreme Court earns more than the CJN, a situation he said was embarrassing and painted the bad welfare conditions of judges.

Besides, he described as “unjust and embarrassing” a situation where the Chief Registrar of the Supreme Court earns more than the justices, stating that the Chief Registrar “earns N1.2 million per month,” while justices “take home N751,000 in a month.”The retired JSC said, “That the unjust and embarrassing salary difference between the justices and the Chief Registrar still abides remains intriguing, to say the least.

Deliberate Failure to Fill Vacancies in the Court

He said the current number of justices of the Supreme Court is effectively costing the system of efficiency and transparency. With his exit, the court now has just 10 justices, instead of the 21 prescribed by the constitution to be spread across all the geopolitical sections of the country.

According to him, his retirement now leaves the north central region, the south-south and southeast without a representation. While the south west and north west each have the required three justices, the south-south and north east have two each.

The Supreme Court last had 21 justices in 2020, when the then Chief Justice Muhammad Tanko inducted eight justices into the existing 13 justices. The number, however, drastically reduced to the present number owing to deaths and retirements of some judicial officers.

The retired Justice who was the second most senior justice in the Court until his retirement also touched on the excessive powers conferred on the office of the Chief Justice of Nigeria (CJN ) and the all-important reason to cut same down.

His words:” As it stands, the CJN chairs the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI) and the Legal Practitioners Privileges Committee, a body responsible for appointing senior advocates of Nigeria. This status quo needs to change”, adding “a person with absolute powers, it is said, corrupts easily and absolutely.”

As presently structured the CJN is Chairman of the National Judicial Council 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 Advocates 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 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 percnt 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.

“By the provision of Paragraph 20 of Part One of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as amended, the NJC shall comprise the following members: the Chief Justice of Nigeria, who shall be the Chairman; the next most senior Justice of the Supreme Court who shall be the Deputy Chairman.“Regrettably, the next most senior justice of the Supreme Court like Deputy Governors of State, shorn of any official function except at the pleasure of the Governor, is neither consulted on anything nor does he have any official function. His job as No. 2 is purely as the CJN pleases.

“It is incumbent that the system provides for more inclusion and consultation among the stakeholders. Justice Olukayode Ariwoola, in his speech described as the lowest in history, the current situation where only 10 justices are on the bench of the Supreme Court. The bench of the apex court has continued to witness steady depletion in the last two years owing to retirement and death. Only a few weeks back Justice Amina Augie had retired upon reaching 70 years and yesterday, Dattijo joined the league of retired justices of the apex court. Before his retirement, there were 11 justices, however, the bench now has 10, who will sit on the numerous appeals emanating from the lower courts, especially political cases that are time bound.

Notwithstanding, Ariwoola has assured that efforts are on top gear to elevate a sizeable number of justices to the bench of the apex court.“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 sizeable number of Justices to boost our rank and complement the tremendous effort we have been investing in the business of the Court,” said the CJN.He paid glowing tributes to the retired justice saying, “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.

“We are here to identify with an accomplished jurisprudential iconoclast that has offered the best of his intellect to the advancement of the legal profession through his several years of unblemished and incontrovertible adjudications at different levels of Courts in Nigeria.”

Of course, as Chairman of the board of these agencies, he gets a brand new jeep of his choice, allowances and opportunity to recommend contractors to execute capital projects in addition to employment opportunities to children and relatives.

Appointments Now by Lobby Rather Than Merit

He bemoaned the process of appointing justices of the court, saying the years when pivotal consideration was given to merit had phased out.

Hear him: “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.

Justice Dattijo said: “It is difficult to understand how and where, by these decisions, the judicial pendulum swings. It was not so before, they contend. 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 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.”

Over 10 Senior Advocates of Nigeria and some counsels from the outer bar recently wrote a petition against the nomination of the wife of the governor of Kogi state who was being considered as a judge.

Justice Olukayode Ariwoola, in his speech described as the lowest in history, the current situation where only 10 justices are on the bench of the Supreme Court.

“The bench of the apex court has continued to witness steady depletion in the last two years owing to retirement and death.Only a few weeks back Justice Amina Augie had retired upon reaching 70 years and yesterday, Dattijo joined the league of retired justices of the apex court.Before his retirement, there were 11 justices, however, the bench now has 10, who will sit on the numerous appeals emanating from the lower courts, especially political cases that are time bound.

Justice Ariwoola , however, assured that efforts are on top gear to elevate a sizeable number of justices to the Supreme Court .“I can confidently assure all the litigant public that efforts are in top gear to get on board a sizeable number of Justices to boost our rank and complement the tremendous effort we have been investing in the business of the Court,”

He paid glowing tributes to the retired justice saying, “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.

“We are here to identify with an accomplished jurisprudential iconoclast that has offered the best of his intellect to the advancement of the legal profession through his several years of unblemished and incontrovertible adjudications at different levels of Courts in Nigeria.”

But for Justice Dattijo’s fears to be addressed, there would be need to make some constitutional amendments to address the issues. Also the Acts establishing the NJC, FJSC, NJI and LPPC will also be amended.

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