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From Godwin Tsa, Abuja
Justice Ibrahim Tanko Muhammad on Monday threw in the towel as the Chief Justice of Nigeria(CJN), making history as the second CJN to do that after Justice Walter Onnoghen was in 2019, forced into a premature resignation by the presidency.
Although retired Justice Tanko predicated his decision on ill health, events later proved that his sudden resignation was more than meets the eye. Indeed, it was a combination of ill health, intrigues and powerplay.
Early Signs
It was retired Justice Ejembi Eko who raised a red flag about the state of affairs at the Supreme Court on May 23, this year.
Speaking at a valedictory court session in honour of his mandatory retirement from the bench of the apex court, he invited the Independent Corrupt Practices and Other Related Offences Commission, ICPC, and other investigatory agencies to probe and expose what he described as internal fraud in the management of the budgetary resources of the Judiciary.
The jurist who was aggrieved at what he described as “vandalization of the judiciary budget” said that he was bewildered by the fact that in spite of the increase of the budgetary allocation of the judiciary, the welfare of judges remained in an abject state.
He, therefore, said that allowing a thorough investigation into the matter by security agencies would not rob the third arm of government of its independence.
At a book launch in Abuja on June 16, this year, a retired Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, who was coerced out of office prematurely in 2019 by
the President Muhammadu Buhari administration, prophetically warned that the Supreme Court was gradually turning to “a glorified High Court”, owing to the ill-treatment of the justices.
The above expressions were the early signals that all may not be well at the sacred chambers of the temple of justice.
However, not many Nigerians understood those warnings until the bubbles bust last Sunday night, with the sudden resignation of the Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad.
From grumbling to protest letter
What began as grumbling by the Justices of the Supreme Court, later metamorphosed into a strongly worded protest letter by 14 members of the bench wherein accusing fingers were pointed at the Chief Justice of Nigeria, Justice Tanko Mohammad, on issues bordering on official corruption, administrative ineptitude, welfare of justices, among others.
In the letter entitled: “The State of Affairs in the Supreme Court of Nigeria and Demand by Justices of the Court”, the 14 justices alleged serious infirmities and irregularities in resigned Justice’s administration and his commitment and loyalty to the nation’s judiciary.
They further expressed concerns over a number of issues ranging from budgetary allocations that have not been increased in the last four years, the failure to replace dilapidated vehicles, accommodation problems; to poor healthcare services at the Supreme Court clinic, as well as poor electricity supply to the apex court.
Other issues were the non-signing of amended Court Rules, an abrupt stoppage of foreign workshops and training per annum for justices; and no provision of qualified legal assistants.
The letter reads in part: “Your Lordship, may also remember that the National Assembly has increased the budgetary allocation of the Judiciary. We find it strange that in spite of the upward review of our budgetary allocation, the Court cannot cater for our legitimate entitlements. This is unacceptable.”
Justice Tanko’s response
In his official response to the protest letter, Justice Tanko, who accused his brother justices of dancing naked at the market square, blamed the situation to paucity of funds.
He noted that the challenges are connected with the delay in cash backing the Supreme Court budget.
“It is one thing to have the budget on paper, it is another thing to release the funds to the court. The release takes some time. We are all aware of the economic problem facing the country. The Executive cannot dispense the cash it does not have.
“Again, the Supreme Court has been receiving N110 billion since 2018 without any increase. The salaries and allowances of the Justices were last reviewed in 2017,” he explained.
The retired CJN also attributed the problem of the judges’ salaries, allowances and other entitlements as being instigated with the lumping of these items in the ’’Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) (Amendment) Act, 2008’’.
He added that for about 15 years, the Federal Government did not review it prompting the judiciary or the Supreme Court to devise other allowances to supplement and cushion its adverse effect.
Judges in all climes are to be seen and not heard, and that may have informed why the CJN refrained from joining issues with his colleagues until the letter, said to be personal, started spreading across the length and breadth of the society.
The Supreme Court definitely does not exist outside its environment, it is also affected by the economic and socio-political climate prevailing in the country.
Besides that, the apex court had to some large extent been living upto its constitutional responsibilities.
“When a budget is made, it contains two sides, that’s the recurrent and the capital, yet all the two are broken down into items. The Federal Government releases the budget based on the budget components. And it’s an offence to spend the money meant for one item for another,” he said.
For instance, the Supreme Court budgeted this year to re-roof and rehabilitate its complex built over 30 years ago and that is being done. The work on the extension of the complex is near completion, the esthetic lawns and cleanness of the perimeters are being well kept, and security and water supply are adequately provided for his brother Justices in their offices and residences.
During the period of the Coronavirus pandemic, profound and extra-care were maintained to avoid causalities among justices, as well as their staff members.
“The accusation so far in summary is that more or all ought to have been done and not that nothing has been done; which is utopian in the contemporary condition of our country,” he said.
Failed reconciliatory moves
Justice Tanko’s response, rather than doused the tension, further escalated the crisis as the aggrieved justices were unhappy with him for accusing them of dancing naked in the market square and, therefore, vowed to resist any form reconciliation.
Before his response, however, a former Justice of the Supreme Court and now the present Emir of Lafia, Alhaji Sidi Bage Muhammed, was drafted to wade into the crisis, but he failed to make any headway.
Similarly, the Body of Benchers and other stakeholders in the judiciary made reconciliatory efforts which were unsuccessful too.
Also, the Senate President, Senator Ahmad Lawan directed the Senate Committee on Judiciary, Human Rights and Legal Matters to intervene. But like other previous meetings, their efforts could not yield any positive result.
It got to a point where the aggrieved justices refused to attend further meetings with the former CJN on the subject matter and threatened to embark on strike if the issues were not properly and duly investigated.
Controversial exit
Signs that all was not well with the former CJN, began with his absence at an official function at the National Judicial Institute (NJI), where he was expected to speak at the opening programme of the training organized for judges on Alternative Dispute Resolution (ADR).
Before that, findings revealed that he drove briefly to his office without the usual security and left almost immediately.
Immediately after that, news of his resignation filtered out with his aides feigning ignorance.
But the hide and seek game did not last long as an official confirmation emerged that he had resigned on health grounds.
Although Justice Tanko predicated his resignation on health grounds, multiple sources disclosed that he was actually forced to throw in the towel by the Presidency.
The sources disclosed that President Buhari was deeply worried by the issues raised in the letter written by the 14 aggrieved Justices of the Supreme Court and decided it was in the best interest of the judiciary for the CJN to resign.
A Senior Advocate of Nigeria, who spoke on the condition of anonymity, said that the ex-CJN was forced to resign on two grounds – the letter collectively written against him by the 14 Supreme Court justices, and an alleged “certain issues of financial impropriety.”
He added that there was the veiled issue of ill-health, which has long been known by many judicial stakeholders, but the ex-CJN was left to continue in the position till December 2023, when he was due to retire.
“His condition became so obvious when his supporting staff were behind most of the correspondences, which they preface with ‘I have been directed’,” he said.
Another source close to the ex-CJN, who craved anonymity, said that Tanko was fetched from his house on Sunday night to an unknown destination.
“On arrival, he was presented with a letter of resignation and they demanded that he signed the letter. He was told it was from the president and he obliged them based on that. He was not allowed to make any consultation, including even with his family,” the source said.
Competent sources at the Supreme Court who confided in Sunday Sun further attributed the crisis at the apex court to the conduct of some of his family members who were getting financial benefits from the court.
The coming of Justice Olukayode Ariwoola
Justice Olukayode Ariwoola who was the next most senior Supreme Court justice was sworn-in by President Buhari as the new Chief Justice of Nigeria, in acting capacity.
The president said that he was swearing in Ariwoola, as nature abhors a vacuum, and being the next most Senior Justice of the Supreme Court, in an acting capacity, pursuant to Section 231(4) of the 1999 Constitution (as amended).
At the brief ceremony, Buhari who paid tribute to the former CJN, admonished the Justices of the Supreme Court to always remain faithful and bear true allegiance to the Federal Republic of Nigeria, urging them to remain steadfastly committed to the Oath of Allegiance which they all subscribed to, as contained in the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Meanwhile, Ariwoola has assured that he would not fail Nigerians in his new assignment.
According to him, “what Nigerians expect from me is to comply, preserve and abide and protect the constitution of the Federal Republic of Nigeria. And so be it. That is what I will do especially with the cooperation of my brother Justices of the Supreme Court. We shall not fail Nigerians.”
Justice Ariwoola was born on August 22, 1954 and was formerly a Justice of the Court of Appeal until on November 22, 2011, when he was appointed to the bench of the Supreme Court as Justice, sworn in by the Chief Justice of Nigeria.
Justice Ariwoola who will retire in 2028, attended many international and national conferences and workshops in France, Atlanta Georgia, UK and Dubai, UAE, and he is happily married with children.
NBA, lawyers speaks on the tasks ahead
The Nigerian Bar Association (NBA) and other prominent members of the association had while pledging their support and loyalty to the acting CJN, Justice Ariwoola, said that his first tasks should include taking steps aimed at “urgent reforms in the Judiciary” and rebuilding “the almost dissipated confidence that Nigerians have in the Judiciary and the wider legal profession in Nigeria.”
The NBA in a statement by its President, Olumide Akpata said that the association is “ready to work together with His Lordship (Mr Ariwoola) and the judiciary in cleansing the Augean stable and addressing the ills that have continued to plague not just the Judiciary but the entire legal profession.”
On his part, human rights activist, Chief Mike Ozekhome (SAN), said that Justice Ariwoola was one of the 14 Justices who had protested to Justice Tanko about the sorry state of the Supreme Court Justices. He, therefore, said that the new CJN obviously knows where the shoe pinches, and where the roof leaks.
“He has now been given the opportunity to become the change agent he can decide to be. Therefore, the task ahead of the learned Justice is mountainous,” he noted.
Ozekhome also said: “The first task is for Justice Ariwoola to demand for an urgent review of Justices and Judges’ salaries, emoluments and welfare packages. This is crucial because the impartiality and fairness of the justice system begins with the Judges themselves. A positive review of their salaries and welfare packages would significantly curb perceived situations of bribery, corruption and cases of selling justice to the highest bidder.
“The next task for the cerebral grey- boarded Justice is to ensure total independence of the Judiciary. The judiciary needs its independence, not in words, but in deed; to be able to freely exert itself on matters, both national and grassroots, without fear or favour. The judiciary must never be a mere toothless bulldog and appendage of the Executive.
“Though often regarded as the weakest of the three arms of government, this was never the intention for the law makers. The judiciary must advocate and insist on its own budget and complete control of its own financial affairs, without interference from the Executive or Legislative arms of government.There should also be an oversight in the manner in which the Judges dispense justice.
“Aside from the overwhelming backlog of cases due to gross shortage of Judges, manual handling of cases and the numerous suits being filed daily, the issue of forum-shopping, judge-shopping and refusal by Judges to hear urgent cases for political reasons further add to the slow dispensation of justice.”
Another lawyer, Nkem Okoro who spoke on the matter, urged the acting CJN to apply his experience on the bench to resolve the issues raised by his brother Justices.
“The task before the new CJN is massive. It is huge in the sense that he is stepping into a whole lot of mess left by the outgone CJN.
“A whole lot of mess in the sense that by reason of his incapacity, he was unable to perform his duties as the CJN, hence there will be a lot of task that would be awaiting the attention of the new CJN.
“I pray that God grants him the strength, grace and wisdom to manage the enormous task that he is facing, in the course of his duties as CJN,” he said.
Nevertheless, Okoro called for a proper investigation into the allegations laid by the justices of the Supreme Court.
“The National Assembly through the Senate has directed an investigation of the circumstances that led to his resignation. The fact still remains that, yes, he has resigned, he was forced to resign when he knew he was incapacitated and couldn’t perform his duties.
“So, I still believe that there is need for law enforcement agencies to wade in and have a thorough scrutiny of his tenure as the CJN, “ Okoro submitted.
Senate seeks probe of judiciary
Worried by the severe nature of the allegations contained in the protest letter by the 14 Justices of the Supreme Court, the National Assembly through the Senate has vowed to continue its investigation of the corruption allegations against former Chief Justice Tanko, despite his resignation on Monday.
The Senate through its Committee on Judiciary, Human Rights and Legal Matters, will meet with relevant stakeholders to “address the complaints raised by the Justices of the Supreme Court.
These formed part of the resolutions taken at plenary on Tuesday after the lawmakers considered a mini-report of the judiciary committee.
The Senate committee was thereafter mandated to interface with the relevant stakeholders within and outside the three arms of government to collate aggregate views and positions on the short term, medium-term and long-term measures needed to decisively address the crisis facing the Judiciary.
This includes the immediate fiscal intervention, as well as long-term and sustainable budgetary allocations, required for the optimal performance of the judiciary, in line with global best practices.
