- Take the points made by Justice Dattijo seriously – Agbakoba
The multifaceted problems in Nigeria’s judiciary appear to be escalating. For the umpteenth time, the challenges hampering the efficient performance of the judiciary have resurfaced. A recently retired justice of the Supreme Court, Musa Dattijo Muhammad penultimate Friday regretted the current state of the Nigerian courts as he unearthed the can of worms in which there has not only been abuse of excessive power, but a failure of moral authority with institutional defects ignored coupled with nepotism in the judiciary. “The institution has become something else,” Dattijo lamented in his valedictory speech, which not only itemised various ills bedeviling the judiciary, but also expressed concern for the waning confidence in the Nigerian courts.
Public perception
“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 judgements.” He recalled a statement of an earlier valedictory of a Justice of the Court of Appeal, Oludotun Adefope-Okojie at his point of exiting. “Pleas are expressed everyday by the generality of the public begging the judiciary to be just, to be truthful; and to save the country from collapse. My question is, whether the judiciary needs to be begged or cajoled? What is it that qualifies any person to bear that exalted name ‘Honourable Justice?’ Is it not for him to administer justice without fear or favour? Unfortunately, it has been severely vilified, with the Apex Court so denigrated and descrided by a social commentator as a voter gaggle of useless, purchasable judicial bandits. How did the judiciary get to this level? Why is the whole country on edge for fear of what the public regards as unpredictable judicial pronouncements? There must be a rethink and a hard reset. If the people we have sworn to defend have lost confidence, there is a problem that must be addressed.”
Immoderate power in hands of CJN
Justice Dattijo who rose to become the second most senior judge in the country in a career spanning over 4O years was the deputy to the Chief Justice of Nigeria, CJN Olukayode Ariwoola before he bowed out from the apex court barely a week ago. He described his work experience with his immediate boss whom he accused of abuse of office and dictatorial tendencies. The retired Justice recounted, “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 percent 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, short 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.”
Shrinking number of Supreme Court justices; lopsided bench
Concerns have continued to mount over the depleting number of justices on the bench of the Supreme Court. Dattijo called for appointment of justices to fill the vacant positions. According to him, the apex court is supposed to be composed of 21 justices but the bench currently has 10. “The conversation about the diminishing number of justices at the Supreme Court has become a refrain. As I bow out today, the number is further reduced to 10 against the Constitutional requirement of 21 justices. That this avoidable depletion has affected and will further affect the court and litigants is stating the obvious.
“When I exit today, the North Central zone that I represent ceases to have any representation until such a time new appointments are made. My lord Hon. Justice Ejembi Eko JSC who also represented the zone retired on the 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 JSC died on 7th March 2021. There has not been any appointment in his stead for the South East.” The retired justice stressed that to ensure justice and transparency in presidential appeals from the lower court, all geo-political 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 envisage.
Although it can be posited that no one expected the sudden passing of Hon. Justice Nweze JSC, yet, it has been two years and seven months since previous Justice from the South East died and no appointment was made. Ditto for the replacement of Justice Eko JSC of North central who exited nearly two years ago. Hon. Justice Sidi Bage JSC, now his Royal Highness the Emir of Lafia, from the North Central, had earlier voluntarily retired. He equally is yet to be replaced. Also, it was clear ab-initio that I would 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. “When on the 6th of November 2020 the Supreme Court, for the first time in its history, got a full complement of 21 justices with the swearing-in of eight justices, little did anyone know that we were only a few steps to unimaginable retrogression. As it stands, only four geo-political regions-the Southwest, 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 NorthWest and South-West are fully represented with three each. Appropriate steps could have been taken since to fill outstanding vacancies in the apex court.”
Unbalanced bench deliberate
His valedictory speech indicated that the CJN deliberately ensured that the South East was not represented in the panel set up to hear the appeal for the presidential election. Hear him, “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 Chief Justice of Nigeria and the responsible exercise of same.”
Vacant seats delaying justice delivery
Justice Dattijo regretted the endless delays in the judicial process. He noted that the depletion in the number of Supreme Court judges has become a burden in the apex court. “We must not forget that the Court, being the highest in the land, receives all manner of appeals from the court below. Presently, there is neither limit nor distinction to the manner of appeals that come to the apex court. Again, besides election matters which are seasonal, the Supreme Court’s docket is overflowing with civil and criminal appeals, some of which took many years to arrive. Most of these are still pending. Several have not even been assigned hearing dates. The court also exercises original jurisdiction. “As the justices who hear these matters are grossly overstretched, unable to meet the demands of their onerous assignment, the litigants who approach the court seeking justice are left in limbo; waiting endlessly for justice to be served. These, as I have said before, are avoidable.”
Poor funding and management of judiciary funds
The legal luminary urged government to put in place a transparent mechanism for managing funds budgeted for the judiciary as he lamented inadequate funding. “Funding and independence of the Judiciary Allusions have been made innumerable times about poor funding and how the judiciary has been emasculated by inadequate funding. My lord, the late Hon. Justice Mustapha Akanbi CFR, a former President of the Court of Appeal in a publication titled “The Main Obstacles of justice According to Law” said: “A good judgment flows from a mind that is not bogged by the thought of-where do I get my next meal? Or where do I get the money to pay my son’s school fees? Poor conditions of service disturb the mind.
It is an obstacle to clear and positive thinking…” Beyond the issue of the salaries of Justices remaining static with no graduation for over 15 years now, it is instructive to enquire what the judiciary also does with its allocations. Who is responsible for the expenditure? An unrelenting searchlight needs to be beamed to unravel how the sums are expended.” He queried the lack of financial accountability within the judiciary. “In 2015 when President Muhammadu Buhari became the president, the budgetary allocation to the judiciary was N70 billion. In the 2018 Appropriation Bill submitted to the National Assembly, the President allocated N100 billion to the judiciary. “The legislature increased it to N110 billion; N10 billion above the N100 billion appropriated for the 2017 fiscal year. At the end of President Buhari’s tenure in May 2023, judiciary’s allocation had increased to N130 billion. That is an increase from N70 to N130 billion in 8 years. “The present government has allocated an additional sum of 35 billion naira to the judiciary for the current financial year making the amount of money accessible by the judiciary to 165 billion naira. More than 85 percent of the amount appropriated by the 10th Assembly has so far been released to the judiciary. It is envisaged that the additional 35 billion naira will equally be released by the present government. “Notwithstanding the phenomenal increases in the sums appropriated and released to the judiciary, Justices and officers welfare and the quality of service the judiciary render have continued to decline.
Abnormal salary structure
“It may interest one to know that the Chief Registrar of the Supreme Court earns more than the Justices. While she earns N1.2m per month, justices take home N751,000 in a month. The CJN on his part takes home N400,000 plus. The salary of a Justice, curiously, drops rather than increases when he gets the added responsibility of being a CJN. “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?”
Unlawful judicial appointments
Dattijo also expressed concern on indiscriminate appointment of judges. According to him, a couple of years ago, appointment to the bench was strictly on merit. He added, “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. “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.”
Judicial politicization
“At the Court of Appeal, it is also asserted, presiding Justices are now being appointed out of turn. And there is the further issue of the unpredictable nature of recent decisions of the courts as well. A number of respected senior members of the bar inter alia, citing the Ahmed Lawan, the former President of the Senate and the 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 contend. “In some quarters, the view is strongly held that filth and intrigues characterise 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!” In a similar vein, Olisa Agbakoba, former President of the Nigerian Bar Association (NBA), urged the National Judicial Council (NJC) to pay attention to the issues raised by retired Justice Musa Dattijo Muhammad in his valedictory speech. Agbakoba, in an interview with Arise Television, noted that NJC needs to take urgent action in order to address the ‘rot’ in Nigeria’s judicial system.
He stressed that Dattijo’s speech was not maligning the character of Chief Justice Olukayode Ariwoola, but only addressing the inconsistencies of the office. Agbakoba, recalled that Muhammad only reiterated the corruption mentioned by Justice Samson Uwaifo in his valedictory speech in 2004. He said, “I think what lessons we should draw from what Justice Dattijo had said is to implement a report that was put together, in my view, perhaps the most reformist CJN in Nigeria, that is, the late Justice Dahiru Mustapha.” “The problem with judges is that they have no clue as to judicial administration versus administration of justice,” he added. Continuing, former NBA President said, “He really wasn’t attacking the current CJN. He was referring more to the institutional lapses that has occurred over the last, God knows, how long now. “
The difference between a judge of the high court and the CJN is like God in heaven and somebody on earth. We need to really take the opportunity of the lesson, I think, that Dattijo Muhammad’s valedictory, which has been the most candid, has given us, is to understand where we are in the judiciary, and if we want to reverse judicial failure, then the current NJC must implement it.” “Public opinion of the judiciary is at its lowest ebb, and I think that this is something that the judiciary ought to take very seriously. They ought to take the points made by Justice Dattijo Mohammed extremely seriously. The judiciary is going to go downhill.” “Of the three arms of government – the executive, the legislature, and the judiciary – the most undemocratic is actually the judiciary, so that’s where the problem is. So, what I would recommend to the current NJC is to have a very good look at the report, update it, and absolutely remove the powers of the CJN to be everywhere,” he said.
