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Opinion: Exit Of Justice Ibrahim Tanko Muhammad, CJN- Reuben Abati
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By Reuben Abati
Yesterday, Nigerians before mid-day, were treated to the news that Justice Ibrahim Tanko Muhammad, Chief Justice of Nigeria (CJN) had resigned his appointment on health grounds. Arise TV broke the news, and it was my lot to make the announcement, with Arise News quoting impeccable and credible sources. It was a day of excitement for me: it looked to me really as if the CJN had overstayed his welcome but at the same time it was on the same day that the Legal Practitioners and Privileges Committee of the Nigerian Bar Association, (NBA) shortlisted the name of Mrs. Abimbola Onikepo Braithwaite, editor of the Law pages of ThisDay newspaper, for the second year in a row as a potential Senior Advocate of Nigeria (SAN) under the academic category. Mrs. Braithwaithe has been a major force in the legal profession, using her platforms in the media and in practice to advance the cause of the rule of law, to explain the law, and promote enlightenment and the cause of justice on a weekly basis through the exalted platform of the This Day newspaper law pages. Her commitment in this regard has been exemplary. I find her analysis and choice of contributors and subjects consistently on point, making her law pages a weekly must-read for the learned and the unlearned and the general community, seeking deep insights into fine points of law. I pray she succeeds this time.
The final selection of the SAN Class of 2022 should be rigorous and thorough. The Silk must be a true garment of distinction, not a chieftaincy title. But of course, the bigger news was the sudden announcement of the resignation of His Lordship, Justice Tanko Ibrahim Muhammad as CJN. I wondered after reading the news: did he jump? Was he pushed? Is this just about his health?
What has been reported is clear: he resigned on health grounds. Ordinarily that should be enough. The job of a Supreme Court Justice requires that he should be compos mentis and enjoy the agility of the highest order to lead a nation-wide body of judex, provide leadership at the Bar and the Bench and at the same time run the activities of the apex court of the land. The CJN is also the Chair of the National Judicial Council, with all of that body’s sensitive responsibilities. He is the de facto head of the judiciary under Sections 6 and 231 of the Nigerian Constitution. Any drama, change, or withdrawal at that level of government cannot be taken lightly. A change of command at the apex court in an election season that has begun and the general elections just about seven months away, is also a matter of serious national consideration with implications for the entire democratic process, the judiciary being an aspect of that. Let no one be under any illusion: Tanko Ibrahim Muhammed’s sudden resignation as the Chief of Justice of Nigeria is not just one of those events. It deserves closer interrogation.
He assumed office as CJN under controversial circumstances, he has now stepped down in an even more controversial manner. He became a Justice of the Supreme Court in 2007, from the Court of Appeal where he served for 13 years, and became the Chief Justice of the Supreme Court, first in acting capacity on January 25, 2019, and then substantively, on July 24, 2019. He succeeded Justice Walter Samuel Nkanu Onnoghen whose exit from the Supreme Court Bench is probably the most controversial ever in the history of the Supreme Court. Many believe that Onnoghen was pushed out of office more for political reasons than for his own infractions. Onnoghen himself two years after his removal had cause to disclose that he was unceremoniously removed from office by the Buhari government because it was believed that he had a secret meeting with former Vice President Alhaji Atiku Abubakar in Dubai before the 2019 general elections. Atiku at the time, as he now is, was the Presidential standard bearer of the opposition party, the People’s Democratic Party (PDP)
In January 2019, a month to the general elections, Onnoghen was removed from office, via the instrumentality of an ex parte order, and tried before the Code of Conduct Tribunal on a six-count charge of corruption, including false declaration of assets, and the ownership of foreign currency accounts which were never declared. Onnoghen was convicted on all six counts and banned from holding public office for 10 years. He was additionally ordered to forfeit all the five accounts said not to have been declared by him between 2009 and 2015. Thus ended the tenure of the 15th substantive Chief Justice of Nigeria (CJN). Questions were raised about procedure, especially why the CJN as he then was had to be taken before the Code of Conduct Tribunal, instead of the National Judicial Council (NJC). Onnoghen insisted that he had done no wrong. Many Senior Advocates of Nigeria (SAN) and others observed at the time that, whereas Justice Onnoghen may have committed one or two errors of oversight, his removal was more about the 2019 election, and the attempt by the ruling party to seize control of the post-election process. Wherever he is today, Onnoghen must be having a smirk on his face. It is election season again, soon it would be time for another round of election petitions and tribunals, and another CJN has had to go.
Many in the know would readily whisper that Justice Ibrahim Tanko Muhammed has been very scarce in circulation for a while due to ill-health, but these persons also express concern about the timing of his exit, and the events leading up to his resignation. Last week, a letter was leaked in the public domain accusing the now former CJN of mismanagement of the resources of the Supreme Court and poor leadership. Fourteen Justices of the Supreme Court accused Tanko Muhammed, CJN (as he then was) of travelling up and down with his “spouse, children and staff” while Justices of the Court were not even allowed to go on training or travel with assistants. They said they work long hours daily without adequate access to power supply or internet services, and that the state of affairs in the Supreme Court of Nigeria had become deplorable. They accused the CJN of running a one-man show and ignoring important matters of welfare. They said “this is unacceptable”. They threatened “to take further steps”.
The CJN fired back through his spokesperson, Ahuraka Yusuf Isah, who wrote that the Supreme Court is “affected by the economic and socio-political climate prevailing in the country.” It is standard practice these days for persons in leadership positions to blame climate change and the environment for their own failures. I was surprised Justice Tanko Muhammad did not blame the Russia-Ukraine war for the lack of diesel and internet services at the Supreme Court of Nigeria! He accused his brother Justices of “dancing naked at the market square”, and gave a small, incoherent lecture about how budgets are made and managed, and an additional rigmarole about deaths and transfers at the Supreme Court. He concluded: “the general public should be rest assured that there’s no hostility or adverse feelings amongst the Justices of the Supreme Court, as everyone is going about his normal duty.” Of course, that is not true. The judiciary, the third arm of government under the doctrine of the separation of powers, has never been more divided. The import of the letter by the 14 Justices was that they had lost confidence in the leadership of Justice Tanko Muhammed. The letter was so strongly worded, the tone so dismissive, it was evident that I.T. Muhammad, JSC had lost the moral authority to lead the apex court. He cited ill-heath as the ground for his resignation. It is God that heals. Anyone can fall ill, even the Constitution recognizes this at Section 231(4). We should wish Justice Tanko Muhammed speedy recovery, but it was best he withdrew himself from further embarrassment, and the Supreme Court from further ridicule.
Indeed, before he threw in the towel, the Nigerian Bar Association (NBA) through its President, Olumide Akpata waded into the matter and concluded that “there is a clear need for mechanisms to be put in place to ensure that the Judiciary (with the Supreme Court leading the charge) is providing the necessary template to other arms of government on transparent procurement and budgeting. This will reduce the perception in some quarters that the judiciary is not accountable to anyone and is also not self-regulating.” As if it was meant to be a follow up to this, a human rights lawyer and activist, Malcolm E. Omirhobo through his law firm, Malcolm Omirhobo & Co wrote a Freedom of Information (FOI) request letter to the former CJN asking for details of transactions of the Supreme Court from 2019 till date. The FOI Request letter demanded: (1) “proof of receipt of total funds disbursed to your Lordship from the National Judicial Council as head of the Supreme Court of Nigeria; (2) The Financial Statement of Accounts of the Supreme Court of Nigeria from the 1st day of January 2019 to date; (3) Proof of the total expenditure of the Supreme Court for the period of 1st January 2019 to date… (4) Payment vouchers for projects; (5) The total amount realized from Internally Generated Revenue…” For record purposes, Malcolm Omirhobo is the same lawyer who showed up at the Supreme Court on Thursday, June 23, 2022, to protest against the judgment of the court sanctioning the use of hijab by female Muslim students in Lagos state public schools (per Lagos State Government vs. Asiyat Abdulkareem). Omirhobo, claiming to be expressing gratitude and solidarity over the ruling abandoned his regulation dress code as a lawyer and showed up as an “Olokun” priest in court. He has since continued to show up in court in the same attire while urging everyone to emulate his example and go to work in their religious habiliments. His protest is a fine piece of satire and sarcasm.
This was not the least episode in Justice Tanko Muhammad’s histrionic tenure as Chief Justice of Nigeria. He assumed office at a time of low confidence in the Nigerian judiciary. He has left it in a worse place, further eroding the integrity of the entire system. Under Justice Tanko Muhammad’s watch, there were frequent cases of indiscipline on the Bench which the National Judicial Council struggled to address without success. Judges and lawyers openly abused court processes, with courts of equal jurisdiction violating elementary rules of procedure. Ex parte orders became so commonplace you would think ex parte was the name of a special delicacy at a fast-food joint. Within three years of the former CJN’s leadership, it became difficult to tell the difference between judges and politicians in many parts of the country. Lawyers were so desperate they became forum and ambulance chasers! Many appointments to the Bench including the Court of Appeal were controversial. Judgements were delivered based on technicalities with the most notable in this regard being the mathematical conundrum in the Imo Governorship case.
The age of judicial activism and robust intellection was gone. Judges who would love to make the extra effort probably did not bother, confronted as they were, with contradictions in their place of work – the temple of justice. Justice Tanko Muhammad was the 16th Chief Justice of Nigeria (CJN). In terms of ranking in that office, he would probably literally be ranked in that same position among his peers. President Muhammadu Buhari probably has a different opinion as I guess, many others. In his remarks at the inauguration of Justice Olukayode Ariwoola as Acting JSC, on Monday, June 27, 2022 at the State House Abuja, he conferred, after a fashion, the second national honour of the Grand Commander of the Order of the Niger (GCON) on Justice Tanko Muhammad. He also said of him: “History will be kind to Justice Tanko Muhammad for his modest contributions to Nigeria’s judiciary, the strengthening of our democracy and national development.” It seems to me that time is the final arbiter of all things, and of course, time will tell.
But the point has been made in some quarters that perhaps Justice Muhammad was pushed out of the door, – and not for health reasons – but because his brother Justices who had lost confidence in him, were beginning to show signs of anger and restlessness. They even threatened to stop sitting. Imagine Justices of the Supreme Court of Nigeria going on strike! In fact, a Supreme Court that some people believe is rather lenient with political leaders suddenly delivered a hammer blow the other day. For example, in a recent ruling, in the matter of Section 84(12) of the Electoral Act 2022 brought before the Court by President Buhari and the Attorney General of the Federation, Abubakar Malami, SAN, the Supreme Court practically rebuked both the President and the AGF for seeking to use the court to violate the legislative supremacy of the National Assembly. A panel of seven Justices dismissed the suit as an abuse of judicial process! Does this have anything to do with the former CJN’s exit?
Whatever it is, there is still some unfinished business around and about his resignation. Justice Walter Onnoghen lost his position in 2019, as a result of a petition by a civil society activist, raising issues of corruption. The Federal Government pounced on this and hounded him out of office. Justice Tanko Muhammad was openly accused by his own team in the apex court, including the next person to him in terms of seniority, Justice Olukayode Ariwoola who has now succeeded him in an acting capacity, pending the activation of due process leading to his own eventual confirmation. The former CJN should not just exit like that. His colleagues, the NBA and the activist, Malcolm Omirhobo have raised questions about transparency and accountability. Those questions must be addressed. Really, how much was collected? How much was spent? What kind of budgeting and expenditure systems exist at the apex court?
Justice Ariwoola who has now taken over the mantle of leadership at the Supreme Court has his job cut out for him. The first thing is to rebuild morale within the judiciary, starting from the apex court. The second is to dispel the clouds left behind by his predecessor with regard to funds management and welfare. The third is to do everything to raise the profile and integrity of the judiciary. He has the lessons of history behind him, and the experience of his two immediate predecessors and their circumstances.
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ICPC Accuses El-Rufai Govt of Diverting N1.37bn Light Rail Project Fund
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The Independent Corrupt Practices and Other Related Offences Commission, ICPC, has discovered N1.37 billion allegedly diverted from funds allocated for Kaduna State’s now-abandoned light rail project.
The money, it was learned, was siphoned into a private account during the administration of former Governor Nasir El-Rufai, who led the state from 2015 to 2023.
The ICPC detailed its findings in an application filed at the Federal High Court in Abuja, seeking the forfeiture of the funds. The commission argued that the alleged diversion deprived Kaduna residents of a vital rail transport system.
According to the ICPC, the fraud stemmed from a purported joint venture agreement signed in October 2016 between the El-Rufai-led administration and Indo Kaduna Mrts JV Nigeria Limited. Payments to the entity began in December 2016, even though the company was not officially incorporated until May 10, 2017.
Between December 2016 and January 2017, the El-Rufai administration approved the payment of N11.1 billion to Mrts JV Nigeria’s account with Sterling Bank. Out of this amount, N1.37 billion was traced to a private account.
On February 14, 2024, the ICPC sought an interim forfeiture order and requested that notices be published in national newspapers, inviting any claimants to show cause why the funds should not be permanently forfeited.
The investigation began after the ICPC received a petition in June 2024 from a lawyer, M. Yahaya, alleging financial misappropriation by officials of the El-Rufai administration. The commission’s probe found that the Kaduna State Government had transferred N11.1 billion in multiple tranches to the joint venture’s account before it was officially registered.
Payments included N890.3 million from the state treasury on December 23, 2016, N2.3 billion on January 10, 2017, and two more tranches of N3 billion and N4.9 billion on January 17, 2017.
On the same day that the final payments were made, Skipper Nigeria Limited, linked to the joint venture, directed Sterling Bank to place the funds in a fixed deposit account. By July 2019, Indo Kaduna Mrts JV Nigeria Limited refunded N10 billion to the Kaduna State Government, leaving a balance of N1.046 billion.
The fixed deposit had also accrued N326.8 million in interest, both of which were allegedly diverted to accounts belonging to GTA Engineering Nigeria Limited, a subsidiary of Skipper Nigeria Limited.
The ICPC claims that the N1.046 billion was labeled as payment for feasibility study, but no such study was conducted. The commission has since recovered both the diverted sum and the accrued interest, totaling N1.37 billion, and is now seeking a court order for its forfeiture.
Former appointees of El-Rufai have denied any wrongdoing, calling the ICPC’s move an abuse of power. They argue that the project was part of a Build, Own, Operate, and Transfer agreement requiring Kaduna State to contribute 15 percent equity, with the rest funded by an Indian loan.
However, the project stalled due to the federal government’s failure to provide a sovereign guarantee. The former officials insist that the joint venture was legally established and challenge critics to present evidence of misconduct.
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Former CNS Ezeoba, Kola Karim, Margaret Obi, Tony Ezekiel, Otuyalo, Others Visit Uanseru
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There was a flurry of activities in the Ikeja, GRA home of Mr. Greg Uanseru, the connected businessman and President/CEO of GCA Energy Limited as guests continue to pay him condolence visit over the passing of his wife, Ema, in London on January 17, 2025.
This time it was the turn of former, Chief of Naval Staff, Vice Admiral Dele Ezeoba (Retd) who noted that he came to give a shoulder of support to Mr. Unaseru and members of the family.
“The loss of a wife is never an easy moment to bear, you should however, be consoled as she lived a life of lessons, hard work and dedication, “he said.
While urging the bereaved to take solace in the fact that she had contributed her quota to human development, the former Naval Chief said, “Ema was a woman in a million and we would miss her”
On his part, top businessman and GCEO/Managing Director of Shoreline International, Agbaoye Kola Karim said Eme was a wonderful wife and loving mother who would be missed by all those who met her.
He asked Mr. Uanseru to take heart and be strong, praying that God would grant the family the strength to bear this huge loss.
On her own part, Mrs. Margaret Obi, wife of Labour Party Presidential Candidate, Mr. Peter Obi, the demise of Mrs Ema Uanseru was a personal loss because she was a dear friend.
Describing the deceased as a humble, homely and wonderful person who impacted many with her smile and warmth, she urged Mr. Uanseru not to mourn but to be comforted by the great memories they shared.
She asked him to be brave and strong for the children, and other members of the family.
Other friends who were there to comfort and condole with Mr Uanseru included Mr Tony Ezekiel and Mr Ayo Otuyalo.
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Sanwo-Olu Visits Oil Magnate Greg Uanseru to Offer Condolences
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Governor of Lagos State, Mr. Babajide Sanwo-Olu has joined the list of prominent Nigerians who have paid condolence visits to oil magnate and President/CEO, GCA Energy Limited, Mr. Greg Uanseru over the passing of his wife, Ema.
Governor Sanwo-Olu who arrived the Ikeja, GRA home of the businessman without a retinue of aides, was received on arrival by sister of the deceased, Mrs. Pamela Shodipo, Executive Director, Fidelity Bank and friend of the family, Mr. Michael Effiong.
Governor Sanwo-Olu who described the widower as a dear friend and brother, stated that though he had sent a condolence letter, he felt it was necessary to visit personally to express his sincere condolences.
He noted that there was no doubt that the demise of Mrs. Uanseru was painful but her passing should be a lesson to all those still alive to realise that life was transient and God can call anyone at any time. Therefore, everyone should live right with God and do all in their power to impact those around them.
Describing the late Mrs. Uanseru as a dutiful wife and doting mother, Governor Sanwo-Olu said she was one woman who always wore a smile and was warm to everybody.
He urged Mr. Uanseru to be strong in these difficult times and prayed that God will be with him and the entire family .
In his response, the widower, Mr. Greg Uanseru thanked Governor Sanwo-Olu for the visit. He said he was grateful for his support at this difficult time, noting that visits like this have comforted him and helped him bear the pain of losing his dear wife.
Mr. Uanseru who also referred to Mr. Governor as a dear friend, stated that the Lagos Chief Executive was the first to send him an official condolence letter immediately he received a message announcing her demise. This gesture, he stated was a testament of Gov. Sanwo-Olu’s genuine love for his family.
He used the opportunity to invite the Governor and his cabinet to his wife’s Service of Songs /Night of Tributes scheduled for Thursday, February 27, 2025 at Balmoral Hall, Sheraton Hotel, Ikeja and the Funeral Service on February 28th, 2025 at The Redeemed Christian Church of God, (Rose of Sharon Parish) Adekunle Fajuyi Steet, GRA, Ikeja.
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