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Can of Worms As Retiring Justice Dattijo Exposes CJN, Supreme Court’s Ineptitude, Bias (Full Speech)

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By Eric Elezuo

The retirement ceremony of Hon. Justice Musa Dattijo Muhammad, who bowed out of the Supreme Court on Friday having attained the statutory retirement age of 70, with not less than 47 years in the judiciary, 10 of which was as a Supreme Court justice, opened up a can of stinking worms, exposing the Chief Justice of Nigeria, Kayode Ariwoola and the Supreme Court as a whole as an institution of bias and ineptitude.

In his valedictory speech, the justice opened a new conversation on the enormous powers the office of the Chief Justice of Nigeria (CJN) wields, and how the present CJN has deliberately starved some regions, especially the South East of representation in the apex court among other revelations.

With no holds barred, His Lordship systematically dissected the politics of ethnicity in the apex court, saying that he is leaving the Supreme Court worse than he met it.

The CJN, who spoke earlier, set the stage for Justice Dattijo’s outburst, when he described him as one who says it as it is.

“His Lordship is one judicial officer that could be blunt, even to a fault; and is never known to be afraid to say things the way they are; and also never shies away from calling a spade by its name, irrespective of whose ox is gored,” the CJN stated.

Some of the special attendees at the ceremony were former Head of State, Gen. Abdulsalami Abubakar (Rtd.) and his wife Hon Justice Fati Lami Abubakar (Rtd.) a former Chief Judge of Niger state, Hon. Justice Sidi Bage, JSC (Rtd.), Emir of Lafia and one time Justice of the apex court, Attorney General of the Federation, Prince Lateef Fagbemi (SAN), President of the Nigerian Bar Association (NBA) Mr. Y.C. Maikyau ( SAN), Chief J.K Gadzama ((SAN), who represented the Body of Senior Advocates (BOSAN), a host of other dignitaries.

An abridged and full text presentation of the speech is espoused below:

The Powers of the Chief Justice of Nigeria and Depleting Number of Justices at the Supreme Court

“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) which recommends those selected for appointment to the NJC, the National Judicial Institute (NJI) and the Legal Practitioners Privileges Committee (LPPC) which 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 power, 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 the power to appoint 80 percent of members of the council and 60 percent of members of FJSC. The same applies to NJC and LPPC. The power of being appointed a judge of any court rests squarely on him. Such enormous powers can be abused. 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 States, shorn 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 stakeholders.

“The conversation about the diminishing number of justices of Nigeria’s 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 the court and will further affect the court and Nigerians is stating the obvious.

“We are in an election season where the Election Tribunals and appellate courts are inundated with all manner of petitions and appeals. The Supreme Court is the final court in the Presidential, Governorship, and National Assembly election appeals. Yet, there are only 10 justices left to determine these matters. Constitutionally, each of these appeals requires a panel of seven justices to sit on them. When a panel of seven justices is constituted to sit on a particular appeal, only three justices are left out. Even when regular appeals are being heard in the Supreme Court, a panel of five justices is required to sit.

“We must not forget that the Supreme Court, being the highest court 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, beside 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 appellants who came to us seeking justice are left in limbo; waiting endlessly for justice to be served. These as I said before, are avoidable.

“When I exit today, the North Central region that I represent will cease to have any representation until such a time new appointments are made. My Lord Hon. Justice Ejembi Eko 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 C.C. Nweze on 30th July 2023 the South East no longer has any presence at the Supreme Court. My Lord, Hon. Justice Sylvester Nwali Ngwuta died on 7th March 2021. There has not been any appointment in his stead for the South East.

“To ensure justice and transparency in the event of 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 does not demonstrate federal character as required by our laws.

“Although it can be posited that no one expected the sudden passing of Justice Nweze, JSC, yet, it has been two years and seven months since the previous Justice from the South East died and no appointment was made. Ditto for the replacement of Justice Eko of North Central who exited nearly two years ago. Hon. Justice Sidi Bage, JSC, how His Royal Highness the Emir of Lafia, from the North Central, had earlier voluntarily retired. He 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 did not 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 South-West, South-South, North-West, and North-East are represented in the Supreme Court. While the South-South and the North-East have two serving justices, the North-West and the 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 Chief Justice of Nigeria and the responsible exercise of same.”

SEE THE FULL TEXT BELOW:

SPEECH-BY-HON.-JUSTICE-M.-DATTIJO

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Tinubu Presents N47.9trn 2025 Appropriation Bill to NASS

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President Bola Tinubu, on Wednesday, presented the proposed 2025 federal budget to a joint session of the National Assembly.

The N47.9 trillion budget saw a whopping N3.5 trillion allocated to the education sector.

Other sectors that got higher allocations include defence and security – N4.91tn, infrastructure – N4.06tn and health – N2.4tn.

“It is with great pleasure that I lay before this distinguished joint session of the National Assembly, the 2025 Budget of the National Assembly of Nigeria titled, ‘The Restoration Budget’ security peace, building prosperity,” Tinubu said as he concluded his 30-minute presentation at 1:10pm.

This budget highlights the government’s focus on improving education, healthcare, and infrastructure, in line with its ‘Renewed Hope Agenda’ aimed at boosting the economy and addressing key national priorities.

The live broadcast of the budget presentation today revealed the government’s plans for the next fiscal year. With a strong emphasis on human capital development, the president highlighted the budget’s commitment to improving the nation’s economic foundation.

Education sector receives major funding 

A significant portion of the 2025 budget is dedicated to education, with N3.5 trillion allocated to the sector. President Tinubu stated that part of this funding would be directed toward infrastructure development, including support for Universal Basic Education (UBEC) and the establishment of nine new higher educational institutions.

We have made provision for N826.90 billion for infrastructural development in the education sector,” Tinubu said.

This allocation aims to improve educational facilities and support ongoing efforts to strengthen Nigeria’s educational system.

Focus on human capital development 

During the presentation, the president emphasized the importance of investing in Nigeria’s human capital. “Human capital development, our people are our greatest resource. That is why we are breaking record investment in education, healthcare, our social services,” he remarked.

Tinubu also pointed to the N34 billion already disbursed through the Nigerian Education Loan Fund (NELFUND) to assist over 300,000 students.

The budget includes continued investments in healthcare and social services as part of the broader goal of enhancing the quality of life for Nigerians.

Strengthening the economy and national security 

Tinubu highlighted that the 2025 budget is designed to build a robust economy while addressing critical sectors necessary for growth and security.

“This budget reflects the huge commitment to strengthening the foundation of a robust economy, while addressing the critical sectors essential for the growth and development we envision; and secure our nation,” he said.

The budget aims to tackle key challenges and foster long-term economic stability by prioritizing infrastructure and development in key sectors.

Healthcare and social services allocations 

In addition to education, Tinubu focused on the allocation for healthcare and social services. The government plans to increase investments in healthcare infrastructure and services to ensure broader access to essential healthcare for Nigerians.

These investments are part of the administration’s strategy to improve overall living conditions and enhance public health across the country.

President Tinubu’s proposed 2025 budget is said to reflect the administration’s commitment to achieving its development objectives, with a focus on economic growth, human capital development, and infrastructure improvement.

As the National Assembly reviews the budget, the president reiterated his administration’s resolve to address the nation’s most pressing needs.

Source: Nairametrics

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Ghana’s President-elect Mahama Visits Tinubu in Abuja

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Ghana’s President-Elect, Dr. John Dramani Mahama, a courtesy visit to President Bola Tinubu at his residence, Presidential Villa, State House on Monday.

Mahama

Mahama won 56 percent of the votes in this month’s presidential election, compared to the ruling party candidate and Vice President Mahamudu Bawumia, who secured 41 percent.

Mahama

The landslide comeback for former president Mahama ended eight years in power for the New Patriotic Party (NPP) under President Nana Akufo-Addo, whose last term was marked by Ghana’s worst economic turmoil in years, an IMF bailout and a debt default.

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I Stand by What I Said, Kemi Badenoch Replies VP Shettima

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The leader of the United Kingdom’s Conservative Party, Kemi Badenoch, has lashed back at Vice President Kashim Shettima over the latter’s reaction to her comments about Nigeria.

Badenoch was born in the UK in 1980 to Nigerian Yoruba parents.

Badenoch, who attained age 16 in Nigeria before departing the country for the UK where she was elected Conservative Party’s leader, described Nigeria as a nation brimming with thieving politicians and insecurity.

However, Shettima, while speaking at the 10th Annual Migration Dialogue at the Presidential Villa in Abuja on Monday, December 9, 2024, accused Badenoch of “denigrating her country of origin” with her remarks.

The vice-president listed influential people whose families had migrated to other countries, commending former UK Prime Minister Rishi Sunak as a “brilliant young man who never denigrated his nation of ancestry.”

Reacting on Wednesday, Badenoch lashed back at Shettima, saying she doesn’t do “PR for Nigeria”.

Her spokesperson, as the Tory leader, according to UK Express, said: “Kemi is not interested in doing Nigeria’s PR; she is the Leader of the Opposition in the UK.

“She tells the truth; she tells it like it is; she isn’t going to couch her words. She stands by what she said.”

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