Many Nigerians, including this writer are still reeling from the revelations and acerbic tone of Justice Dattijo’s parting words to his colleagues in the judiciary.
In a 30-page speech filled with insights, the retiring Justice of the Supreme Court opened the judiciary’s skeleton laden cupboards for all Nigerians to see and smell.
In that bombshell of a speech, he said “this is not the judiciary I loved and aspired to serve in!” Not only did he worry about the Administration of Justice, he opined that justice was no longer being served to the Nigerian people by the current judiciary as it is currently constituted. What a salvo.
As the third arm of government in a democracy, the judiciary ought to be impartial, independent and should vigorously pursue justice for all. If democracy must prevail and grow, the judiciary must be trusted, must be worthy and must be respected for its integrity and its impartiality. Democracy is endangered when citizens can no longer get justice at the temple of justice. It is in this context that the speech by Justice Musa Dattijo Abubakar must be situated.
For a retiring Supreme Court judge to come down this hard on the system is an indication that a quick and fast remedy is required.
Let’s be frank about this. Nigerians have always suspected that there is no institution in our country that is devoid of corruption, nepotism, and rampant maladministration.
However, given the unique position of the judiciary, as the arbitrating institution, a lot more is expected from it by the citizenry. Without a worthy justice system, the much-touted Rule of Law becomes little more than a farce.
Why Many Nigerians Don’t Have Confidence In Judiciary
There had been many indications in the past that all may not have been well with the Nigerian judiciary. Indeed, the judiciary had in the past handed out many curious judgements, judgements that can at best be described as miscarriages of justice. For instance, there are many Nigerians who are yet to understand how Senator Hope Uzodimma who came fourth in the 2019 governorship election in Imo State eventually became governor through the instrumentality of the judiciary.
Recall that the former governor of Imo State, Senator Rochas Okorocha at the valedictory session of the 9th Senate asked the then Senate President Ahmad Lawan to teach fellow senators how he maneuvered his way back to the Senate after he had contested for the All Progressives Congress (APC) presidential ticket. Okorocha was wondering how Senator Lawan after contesting the presidential ticket and never participated in the senatorial primaries still made it back to the Senate. Ahmad Lawan was not alone in returning to the Senate after a failed presidential bid. The current Senate President Godswill Akpabio also lost his presidential bid and still made it back to the National Assembly. Both did these miracles through the judgements obtained from the Supreme Court.
At the same senate valedictory session, Senator Adamu Bulkachuwa revealed that his wife had used her office as President of the Appeal Court to favour his colleagues in the Senate. Zainab Bulkachuwa was President of the Appeal Court between April 2014 and March 2020. He said and I quote “Particularly, my wife, whose freedom I encroached while she was in office. She has been very tolerant and accepted my encroachment and extended her help to my colleagues.”
The senator was still speaking when the then outgoing Senate President Ahmad Lawan, who presided over the valedictory session, cut him short. “Distinguished, I don’t think this is a good idea going this direction,” Lawan said.
Following the outrage that revelation caused, Senator Bulkachuwa walked back on his statement claiming that he was quoted out of context, but everyone could see and hear what Senator Bulkachuwa said in the viral video.
However, with this salvo by Dattijo, himself a Supreme Court Justice, it can be said that the disdain of judiciary by Nigerians is justified.
Need For Surgical Operations In Judiciary
That Musa Dattijo Muhammad, himself a Supreme Court justice said all this means that there is need for a surgical operation on the system.
Justice Muhammad, who spent 47 years in active judicial service, bowed out of the apex court bench last week, having clocked the 70 years mandatory retirement age. He used the occasion of the valedictory session organised in his honour by the Supreme Court, to address what he observed as rot in the judiciary. In his speech, he accused the Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola, of abusing the powers of his office. Justice Muhammad, who spent 47 years in active judicial service had to bow out of the apex court bench on Friday, having clocked the mandatory retirement age.
He maintained that the judiciary, as presently structured, gave so much powers to the CJN who he said usually takes decisions without consulting other justices. His words: “As presently structured, the CJN is Chairman of the 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). “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 commitment 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.
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.”
In the packed speech, retired Justice Dattijo has exposed the noisome underbelly of the judiciary. His speech should therefore be a guide to President Bola Ahmed Tinubu if he means to pursue a judicial reform that would restore the confidence of Nigerians in the impartiality of the judiciary.
The Ongoing Political Tussle in Rivers
All well-meaning Nigerians should work for a peaceful resolution of the fast developing crisis in Rivers State. That crisis is capable of many far-reaching and far ranging implications! First of all, it is already being cast as an Ijaw versus Ikwerre fight. This bodes no good for anyone. Rivers State is too important for the Federal Government to allow it to implode!
The unseen hands should withdraw and allow Governor Sim Fubaru to do his job for the good people of Rivers State.
MAY NIGERIA REBOUND