**Faults Panel That Affirmed Tinubu’s Election
**Reveals Alleged Rot in Judiciary
**Judiciary Gives Too Much Power to CJN
By Achadu Gabriel, Kaduna
On his retirement, Supreme Court Justice Musa Dattijo Muhammad has accused the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, of abusing the powers of his office. Justice Muhammad reportedly withdrew from the seven-man panel that dismissed all appeals seeking the removal of President Bola Tinubu from office, as he had reached the mandatory retirement age of 70.
During a valedictory session held in his honor by the apex court, the former judge revealed the systemic issues in the judiciary that continue to affect the delivery of justice in the country.
He stated, “Over the years, I rose to become the second most senior justice of the country’s apex court and Deputy Chairperson of the National Judicial Council. Considering my years of service and the position I have attained, I feel compelled to advocate for reforms to enhance the judiciary, building upon the efforts of those who came before me.”
Abuse of power:
Justice Muhammad addressed concerns regarding the CJN, asserting that the current judicial structure vests significant power in the CJN, allowing them to make decisions without consulting other justices.
He explained, “As the Chairman of the NJC, which oversees judge appointments and disciplinary matters, the FJSC, NJI, and LPPC, which appoint Senior Advocates of Nigeria, the CJN wields immense power. Such unchecked authority can lead to corruption. The CJN has the power to appoint 80% of the council members and 60% of the FJSC members, and the same applies to the NJI and LPPC. These extensive powers are easily susceptible to abuse, and this needs to change.”
Southeast Slot:
Justice Muhammad also alleged that the refusal to fill the vacant South East slot on the Supreme Court bench was a deliberate decision.
He attributed this to “absolute powers vested in the office of the CJN” and noted that, with his retirement, the North Central zone, which he represented, would no longer have a Justice on the Supreme Court bench.
He stated, “It has been a year and five months since my colleague, Hon. Justice Ejembi Eko JSC, who also represented the zone, retired, and there has been no replacement. The South East is now without representation at the Supreme Court. Appropriate measures should have been taken to fill these vacancies, but they haven’t been, indicating that this is a deliberate decision rooted in the absolute powers of the CJN.”
2023 Election:
Concerning the panel that heard the presidential election appeals by candidates of the Peoples Democratic Party (PDP), Atiku Abubakar, and the Labour Party (LP), Peter Obi, Justice Muhammad emphasized the need for representation from all regions to ensure justice and transparency.
He stated, “It is dangerous for democracy and equity when two entire regions are left out of decisions that affect the entire nation. Our laws did not anticipate this situation, but it has been two years and seven months since the previous justice from the South-East passed away, and no appointment was made.”
On Funding and Independence of the Judiciary:
Justice Muhammad lamented that, despite an increase in the budgetary allocation for the Judiciary from 70 billion in 2015 to 165 billion, the welfare and service quality provided by the judiciary have continued to decline.
He noted, “The Chief Registrar of the Supreme Court earns more than the Justices, with a monthly salary of N1.2 million, while Justices earn N751,000 per month. The CJN earns N400,000. This unjust salary disparity remains a concern.”
Justice Muhammad also referenced past allegations of corruption and misconduct within the judiciary, which led to the invasion and arrest of judges in 2016 and the arraignment of the incumbent Chief Justice before the Code of Conduct Tribunal in 2019.
He concluded by stating, “The judiciary I am leaving is far from the one I joined and aspired to serve. The institution has evolved into something different.”
