Justice Musa Dattijo Muhammad, who recently retired from the Supreme Court, has criticized the seven-man panel that upheld the election of President Bola Tinubu. He said the panel was not properly constituted because it did not have representatives from all the six geo-political zones in the country. He also expressed concerns about the enormous powers wielded by the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, which he believes can be abused.
Justice Muhammad, who spent 47 years in active judicial service, retired from the apex court bench on Friday after reaching the mandatory retirement age of 70. During a valedictory session held in his honour, he spoke about the problems facing the judiciary, which he thinks have been affecting the justice delivery system in Nigeria.
He criticized the structure of the judiciary, which he says gives excessive power to the CJN. He accused the CJN of taking decisions without consulting other justices and of having too much control over the appointment and discipline of judges. He called for a reduction in the CJN’s powers to prevent abuse of office.
According to Justice Muhammad, the CJN chairs several important bodies, such as the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI) and the Legal Practitioners Privileges Committee (LPPC). As chair of these bodies, the CJN has the power to appoint 80% of council members and 60% of FJSC members. Justice Muhammad believes that such enormous powers are easily abused and should not be entrusted to a single individual.
He called for a reform of the judiciary to ensure that the oversight functions of these bodies are not left to one person alone. In his opinion, the CJN should confer with fellow justices and seek their counsel or input on any matter related to these bodies. He believes that the continued denial of the existence of this anomaly weakens effective judicial oversight in the country.
On the current composition of the bench of the apex court, Justice Muhammad alleged that the refusal to fill the vacant slot of South East on the apex court bench, was deliberate, blaming it on “absolute powers vested in the office of the CJN.”
He further stressed 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,” the retiring jurist added.
On the issue of membership of the panel that heard the presidential election appeals by candidates of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar and the Labour Party, LP, Mr. Peter Obi, Justice Muhammad, said:
“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 South-East died and no appointment was made.”
(NAN)
