By Abba Hamisu Sani
Africa-Press – Nigeria. Judiciary is an arm of Government that Interpret law and a key to the existence of Democracy in any Democratic State which Nigeria is not an exception.
The organ is headed by the Chief Justice of Nigeria as provided by the Constitution.
With resignation of Justice Muhammad Tanko as CJN on 27th of June this year 2022 Nigeria had 16th Chief Justice right from Independence.
His resignation was attributed to his health condition even though some weeks before his voluntary retirement there some issues reported by different Nigerian Media on how the Judiciary was suffering under his leadership.
Vanguard is one of the Nigeria’s News Paper that reported the situation few weeks before the number one judicial officer’s resignation
It could be recalled that the Paper had reported that 14 Justices of the supreme Court had planned to confront the former chief Justice Ibrahim Tanko Muhammed over his style of administration which they claimed had no regard for their welfare.As reported which the eventually did.
The development was however the crises that has been on since last year and the Justices after being pushed to the wall with no solution in sight decide to write a formal Memo to the CJN on the the following issues that include non – replacement of poor vehicles ,accommodation problems,lack of drugus at the supreme Court clinic epileptic electricity supply to the Supreme Court premises, lack of internet services to residences and chambers and poor take – home pay that could no longer take them halfway.
“Your Lordship has not addressed the issue of our rules court. The Rules of Court are the immediate tools employed by Justices to dispense justice to court users.
“Your Lordship has kept the amended Rules of Court for almost three years now, awaiting your signature. We strongly believe the new rules will aid speedy dispensation of Justice.
“Recently, the Chief Registrar served justices with an internal memo, that electricity would be supplied to the court between the hours of 8am and 4pm daily, for lack of diesel. The implication of this memo is that the justices must finish their work and close before 4pm.
“ Your Lordship with all due respect, this is the peak of the degeneration of the Court; it is the height of decadence, and clear evidence of the absence of probity and moral rectitude. Your Lordship, this act alone portends imminent danger to the survival of this Court and the Judiciary as an institution, which is gradually drifting to extinction. The Judiciary is an arm of Government.
“The Supreme Court of Nigeria, just like the Presidential Villa and the National Assembly, is the seat of the Judiciary as an arm of government. The implication of the memo is that this arm of Government is potentially shut down. May God never allow that day.
“Your Lordship, this is a wakeup call. Your Lordship must take full responsibility as our leader. You must not concession your responsibility to people who have no responsibility or stake in preserving and defending the dignity of the Institution. Your Lordship occupies a position of leadership. We will not wait for the total collapse of the institution.
“We must not abandon our responsibility to call Your lordship to order in the face of these sad developments that threaten our survival as an institution. We have done our utmost best to send a wakeup call to Your Lordship. A stitch in time saves nine.
“Finally, Your Lordship the choice is now yours. It is either you quickly and swiftly take responsibility and address these burning issues or we will be compelled to take further steps immediately. May this day never come.”
Justice Tanko replies brother justices
Many Nigerians, to say the least, were scandalized when the memo hit the social media. They could not believe that the nation’s temple of Justice could be tainted with allegations of mal-administration with a tinge of corruption allegations.
However, the nation was not kept in suspense for long as the CJN, through his media aide, Ahuraka Yusuf Isah, gave a detailed response to the memo from the Justices which social and conventional media feasted upon for days.
The CJN said he had managed the resources at the disposal of the apex court judiciously and that there was nothing to hide.
The statement read in part: “The Chief Justice of Nigeria, Hon Justice Ibrahim Tanko Mohammad would wish to confirm receipt of a letter written and addressed to him by his brother Justices of the Supreme Court Bench. Judges in all climes are to be seen and not heard, and that informed why the CJN refrained from joining issues until a letter, said to be personal, is spreading across the length and breadth of the society. This was akin to dancing naked at the market square by us with the ripple effect of the said letter.
“The Supreme Court definitely does not exist outside its environment – it is also affected by the economic and socio-political climate prevailing in the country.
Besides that, the apex court has, to a larger extent, been living up to its constitutional responsibility. When a budget is made, it contains two sides, that’s the recurrent and the capital, yet the two are broken down into items.
The Federal Government releases the budget based on the budget components. And it’s an offence to spend the money meant for one item for another.
“The accusation so far, in summary, is that more or all ought to have been done and not that nothing has been done; which is utopian in the contemporary condition of our country.
The resignation according to some staff of the Supreme court comes as surprises but some lawyers and commentator’s described the Condition of Nigerian Judiciary as unfortunate.
Specifically, Senior Advocates of Nigeria, lawyers, civil right groups and some branches of the Nigerian Bar Association began to call for the probe of the erstwhile Chief Justice of Nigeria, Ibrahim Muhammad.
For instance, a respected silk, Rasheed Adegoke, SAN, advised that the former CJN should be investigated to set the records straight.
“If we want to set things right, there’s nothing that says that he should not be probed. If there had been allegations of misdeeds under his administration, the essence of the probe is to ensure that the records are even clean so that people will know what actually transpired.
Another senior lawyer and son of a former Justice of the Supreme Court, Mr. Emmanuel Ogebe, in a statement, accused CJNs of doing only the bidding of the President.
He urged the acting CJN, Justice Kayode Ariwoola to immediately appoint an Independent Counsel to investigate the Supreme Court’s finances pursuant to his powers under the ICPC Act.
Also, a Law scholar and former consultant to the Supreme Court of Nigeria, Dr Ola Olatawura who commented hours before Justice Tanko resigned, said the CJNs had actually turned the office to personal fiefdoms, working with a cabal of corrupt bureaucrats and agents.
He said the allegations against the CJN by his brother justices were weighty and should not be swept under the carpet.
“There should be an investigation by a neutral and independent body. It is an opportunity for cleaning the Augean stable. The ICPC and Code of Conduct Bureau should lead as the investigation of the claims border on abuse of office, corruption, and misappropriation. Body if Benchers should keep off.
He said if the allegations against the CJN were found to be false, all justices involved in the allegations should be retired for bringing the SCN to disrepute.
Olatawura said It was wrong for instance for Justice Tanko’s administration to have appointed Justices without ready and available accommodation.
“In fact this is an NJC condition for appointing state High Court judges. The situation creates avenues for corruption by SCN bureaucracy,” he said.
Having said that, I must say that “the complaints by the 14 justices are more the result of envy than a noble concern for probity and excellence in the court.
“Justices and judges are sufficiently remunerated and taken care of, although some things can still be added. Their condition is 10x better than justices of the 70s and 80s. However their standard of performance is well below par, particularly when compared to the old justices.
“Our SC case law is now replete with errors, low and muddled depth of jurisprudence, lack of scholarly analysis, and counter – productive decisions.
To improve the quality of judgments, and therefore justice, at least two measures should be taken:
Amicus Curia role and officers should be introduced and standardized in the Supreme Court. An Advocate General Office should be set up to manage, consider, and participate in all public and constitutional law litigation.
Standards. of legal assistants employment should be reassessed
There should be evidence of a strong research capacity with a minimum number of publications spread across reputable journals in constitutional law, public law, business law and international law.
“Particularly with their large number now, we now need Deputy CJN 1 and 2 with powers and functions. They have refused to follow suggestions for modernisation. About 4 of them have clearly destroyed the legacies of the old SCN to enrich their families, empower their sects, and repress new talents and visions.”
For More News And Analysis About Nigeria Follow Africa-Press
