LAW

Justice Musa Dattijo Muhammad Picks Holes In Nigeria’s Judicial System

<h4>Justice Musa Dattijo Muhammad Picks Holes<&sol;h4>&NewLine;<p><strong><a href&equals;"https&colon;&sol;&sol;openlife&period;ng&sol;">OpenLife Nigeria<&sol;a><&sol;strong> reports that there appears to be a crack at the Supreme Court&comma; barely 24 hours after it validated the election of President Bola Tinubu of the ruling All Progressives Congress&comma; APC&period;<br &sol;>&NewLine;A retiring justice of the court&comma; Musa Dattijo Muhammad&comma; who reportedly pulled out from the seven-man panel that dismissed all the appeals that sought to remove President Tinubu from office&comma; has accused the Chief Justice of Nigeria&comma; CJN&comma; Justice Olukayode Ariwoola&comma; of abusing the powers of his office&period;<br &sol;>&NewLine;Justice Muhammad&comma; who spent 47 years in active judicial service&comma; bowed out of the apex court bench on Friday&comma; having clocked the 70 years mandatory retirement age&period;<br &sol;>&NewLine;He used the opportunity of a valedictory session that was organised in his honour by the Supreme Court&comma; to address what he observed as rots in the judiciary that have continued to affect the justice delivery system in the country&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;Through the years&comma; I rose to become the second most senior justice of the country’s apex court and Deputy Chairperson of the National Judicial Council&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;Considering the number of years I have spent in judicial service and the position I have attained by the grace of the Almighty&comma; I feel obligated to continue the struggle for reforms for a better Judiciary and would be leaning on the earlier submissions of those who had exited before me&comma;” Justice Muhammad stated before he descended on the CJN&period;<br &sol;>&NewLine;He maintained that the judiciary&comma; as presently structured&comma; gave so much power to the CJN who he said usually take decisions without consulting other justices&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;As presently structured&comma; the CJN is Chairman of the NJC which oversees both the appointment and discipline of judges&comma; he is equally Chair of the Federal Judicial Service Commission &lpar;FJSC&rpar;&comma; the National Judicial Institute &lpar;NJI&rpar;&comma; the Legal Practitioners Privileges Committee &lpar;LPPC&rpar; that appoints Senior Advocate of Nigeria&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;In my considered opinion&comma; the oversight functions of these bodies should not rest on an individual alone&period; A person with absolute powers&comma; it is said&comma; corrupts easily and absolutely&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;As Chair of NJC&comma; FJSC&comma; NJI and LPPC&comma; appointments as council&comma; board and commitment members are at his pleasure&period; He neither confers with fellow justices nor seek their counsel or input on any matter related to these bodies&period; He has both the final and the only say&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;The CJN has power to appoint 80 percent of members of the council and 60 percent of members of FJSC&period; The same applies to NJI and LPPC&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;Such enormous powers are effortlessly abused&period; This needs to change&period; Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country&comma;” he added&period;<br &sol;>&NewLine;On the current composition of the bench of the apex court&comma; Justice Muhammad alleged that the refusal to fill the vacant slot of South East on the apex court bench&comma; was deliberate&comma; blaming it on &OpenCurlyDoubleQuote;absolute powers vested in the office of the CJN&period;”<br &sol;>&NewLine;He further stressed that with his retirement&comma; the North Central zone which he represented&comma; would no longer have a Justice on the Supreme Court bench&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;My lord Hon&period; Justice Ejembi Eko JSC who also represented the zone retired on 23rd of May&comma; 2022&period; It has been a year and five months now&period; There has not been any replacement&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;With the passing of my lord&comma; Hon&period; Justice Chima Centus Nweze&comma; JSC on 29th July 2023&comma; the South East no longer has any presence at the Supreme Court&period; My lord&comma; Hon&period; Justice Sylvester Nwali Ngwuta JSV died on 7th March 2021&period; There has not been any appointment in his stead for the South East&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;As it stands&comma; only four geo-political regions- the South-West&comma; South-South&comma; North-West and North-East are represented in the Supreme Court&period;<br &sol;>&NewLine;<a href&equals;"https&colon;&sol;&sol;www&period;vanguardngr&period;com&sol;">&OpenCurlyDoubleQuote;While the South-South and North-East have two serving justices&comma; the North-West and South-West are fully represented with three each&period;<&sol;a><br &sol;>&NewLine;&OpenCurlyDoubleQuote;Appropriate steps could have been taken since to fill outstanding vacancies in the apex court&period; Why have these steps not been timeously taken&quest;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;It is evident that the decision not to fill the vacancies in the court is deliberate&period; It is all about the absolute powers vested in the office of the CJN and the responsible exercise of same&comma;” the retiring jurist added&period;<br &sol;>&NewLine;On the issue of membership of the panel that heard the presidential election appeals by candidates of the Peoples Democratic Party&comma; PDP&comma; Alhaji Atiku Abubakar and the Labour Party&comma; LP&comma; Mr&period; Peter Obi&comma; Justice Muhammad&comma; said&colon;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;To ensure justice and transparency in presidential appeals from the lower court&comma; all geo-political zones are required to participate in the hearing&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;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&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;This is not what our laws envisage&period; Although it can be posited that no one expected the sudden passing of Hon&period; Justice Nweze JSC&comma; yet&comma; it has been two years and seven months since previous justice from South-East died and no appointment was made&period;”<br &sol;>&NewLine;On funding and independence of the Judiciary&comma; the retiring justice bemoaned that though the budgetary allocation for the Judiciary increased from 70billion that it was in 2015 to 165billion presently&comma; &OpenCurlyDoubleQuote;Justices and officers welfare and the quality of service the judiciary render have continued to decline&period;”<br &sol;>&NewLine;&OpenCurlyDoubleQuote;It may interest one to know that the Chief Registrar of the Supreme Court earns more than the Justices&period; While she earns N1&period;2m per month&comma; justices take home N751&comma; 000 in a month&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;The CJN on his part takes home N400&comma; 000 plus&period; The salary of a Justice&comma; curiously&comma; drops rather than increases when he gets the added responsibility of being a CJN&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;That the unjust and embarrassing salary difference between the justices and the Chief Registrar still abides remains intriguing to say the least&period;”<br &sol;>&NewLine;He noted that it was owing to allegations of corruption and perversion of justice&comma; that informed President Muhammadu Buhari’s decision to order the invasion of homes and arrest of some judges in 2016&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;Not done&comma; in 2019 the government accosted&comma; arrested and arraigned the incumbent Chief Justice before the Code of Conduct Tribunal for alleged underhand conduct&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;With his retirement apparently negotiated&comma; he was eventually left off the hook&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;In 2022&comma; a letter signed by all other justices of the Supreme Court&comma; including the current Chief Justice&comma; the aggrieved protested against the shabby treatment meted to them by the head of court and the Chief Registrar&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;In the event&comma; his lordship Ibrahim Tanko Muhammad disengaged ostensibly on grounds of ill-health&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;My lords&comma; distinguished invitees&comma; ladies and gentlemen&comma; 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&period; The institution has become something else&comma;” Justice Muhammad lamented&period;<br &sol;>&NewLine;Meanwhile&comma; earlier in the ceremony&comma; the CJN&comma; in his speech&comma; paid glowing tribute to the retiring jurist who he described as a &OpenCurlyDoubleQuote;quintessential Judicial icon with dazzling qualities and alluring stature&period;”<br &sol;>&NewLine;&OpenCurlyDoubleQuote;His Lordship is one judicial officer that could be blunt&comma; even to a fault&semi; and is never known to be afraid to say things the way they are&semi; and also never shies away from calling a spade by its name&comma; irrespective of whose ox is gored&comma;” the CJN stated&period;<br &sol;>&NewLine;He decried that with Justice Muhammad’s exit&comma; the apex court bench has further depleted to 10&period;<&sol;p>&NewLine;<figure id&equals;"attachment&lowbar;22872" aria-describedby&equals;"caption-attachment-22872" style&equals;"width&colon; 300px" class&equals;"wp-caption alignnone"><img class&equals;"size-medium wp-image-22872" src&equals;"https&colon;&sol;&sol;openlife&period;ng&sol;wp-content&sol;uploads&sol;2023&sol;10&sol;CJN-300x237&period;webp" alt&equals;"Justice Musa Dattijo Muhammad Picks Holes In Nigeria’s Judicial System" width&equals;"300" height&equals;"237" &sol;><figcaption id&equals;"caption-attachment-22872" class&equals;"wp-caption-text"><em><strong>Justice Olukayode Ariwoola&comma; Chief Justice of Nigeria<&sol;strong><&sol;em><&sol;figcaption><&sol;figure>&NewLine;

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