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.
The Edo State Governor, Mr Godwin Obaseki, has called out the Nigerian Police Force, saying they are working in the interest of the All Progressives Congress (APC) in the buildup to the 2024 Edo Governorship Election. He added that the Peoples Democratic Party (PDP) may not sign the Peace Accord for the September 21 election.
The accord is an official agreement among political parties to be of good conduct before, during and after election.
Obaseki said the agency, the Police, responsible for enforcing the accord, have through their actions, shown that they are acting in the interest of the All Progressives Congress (APC) and waging war against the PDP.
He expressed worry that “the Police under the manipulation of the APC, has arrested not less than 10 PDP chieftains, who they perceived would be strong political opposition to them in the coming election.”
The governor who spoke when he received the Chairman of the National Peace Committee (NPC) and former Military Head of State, Gen. Abdulsalam Abubakar said those arrested include a serving Local Government chairman, Hon. Collins Aigbogun.
He stated that the party chieftains were arrested and whisked to the Federal Capital Territory (FCT), Abuja.
Obaseki queried: “how do one enters a peace accord with an umpire who, from the onset has shown bias in favour of one of the parties in the election.”
He added: “you are very conversant with the politics of Edo State. You were here in 2020 and we had a very heated election. You know this is an off-circle election and there is a lot of attention.
“Unlike 2020, I am very worried with the developments in the State today. The party met yesterday and we might not likely sign this agreement.
“The opposition party in the State, the APC has always argued that they may not be as popular and didn’t win in the last election, but however promised to use Federal might to determine the outcome of the election.”
He added: “We thought it’s just rhetoric. But in the last four weeks, we’ve had a situation where from the office of the IGP, armed gang policemen have come into Edo State to invade, arrest and take away PDP members.”
The candidate of the Peoples Democratic Party (PDP) for the September 21 governorship election in Edo State, Asue Ighodalo, has advised the electorate against voting an illiterate as the next governor.
Making a veiled reference to the gaffe by the candidate of the opposition All Progressives Congress (APC), Senator Monday Okpebholo, the governorship hopeful, while addressing a crowd on Monday, said: “Edo doesn’t need an illiterate who will bring insecurity to the state”.
Ighodalo, who spoke at the Olua Primary School field, Uselu, venue of the PDP campaign rally in the Egor Local Government Area, pledged to bring out the best in the youth by harnessing their potential in a positive way for the good of all.
He said: “We will work and bring out the creative potential of our youths in a way that will benefit all. We don’t need an illiterate who will bring insecurity.
“It’s time to move forward. Ogie (his running mate) and I are very ready to work for you all. So, don’t fear, don’t worry, we’re for you all. Prosperity has come for all. Just go out on the 21st and vote early and protect your votes.”
Also speaking, Governor Godwin Obaseki said he had done his best for the state and that Ighodalo and Ogie would continue when he hands over to them.
He added: “I have done my best. Ighodalo and Ogie will continue from 12 November. We want progress. We want to move forward and not backward. Looking at the people here, you see a lot of youths. I am not surprised because Egor is home to youths. We have the University of Benin and the Benin Technical College.
Global rights group, Amnesty International, has condemned the arrest and detention of the President of the Nigeria Labour Congress (NLC), Joe Ajaero, by the Department of State Services (DSS).
The Director of Amnesty International Nigeria, Isa Sanusi, said with the attack on Ajaero, President Bola Tinubu is setting a new record of impunity.
Ajaero was arrested at the Nnamdi Azikiwe International Aiport in Abuja on Monday on his way to the United Kingdom for an official assignment, the NLC said.
The NLC president was billed to attend the Trade Union Congress conference in London, which begins today (Monday).
Sanusi said: “Amnesty International strongly condemns the unlawful arrest of the President of Nigeria Labour Congress (NLC) Joe Ajaero by the Department of State Services (DSS) today. The labour union leader must be immediately and unconditionally released.
“The arbitrary arrest of Joe Ajaero shows an escalating crackdown on human rights and restrictions on civic space by the government of President Bola Tinubu.
“President Bola Tinubu’s government persistently attacks and undermines the operations of the NLC, through fabricated allegations, raids on NLC headquarters and other forms of harassment and intimidation. This growing culture of impunity and disdain for workers’ rights to organize and seek better welfare must stop.
“President Tinubu is setting a new record of utter disregard for the rule of law.
“Amnesty International has observed, in the last one year, the increasing crackdown by the Nigerian authorities on the labour union and civic space. The authorities continue to weaponize the police and SSS to repress the human rights of Nigerians.
“Nigeria is a party to the African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights, which guarantee the rights to freedom of expression, peaceful assembly, and association, including trade union membership and activities. The country is also a member of the International Labour Organization, whose fundamental principles include the right to organize, are binding on all members.”
“Under international human rights law workers cannot be targeted for participating in trade union activities. The Nigerian authorities have an obligation not only to respect the rights of workers but also to protect these rights from abuse.
“Joe Ajaero is arrested solely for the peaceful exercise of his human rights and must be immediately and unconditionally released,” Sanusi concluded in a statement.
