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Following the resignation of Justice Tanko Muhammad as the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola was sworn in as the new acting CJN by President Muhammadu Buhari. His assumption of office at a time Nigeria is preparing for a general election is quite auspicious. A lot of things have gone wrong with our judiciary and the onus is on him to clean the mess.
No doubt, the judiciary under Tanko Muhammad was mirred in some controversies. For instance, the recent judgment by the Supreme Court, which affirmed the right of Muslims to wear hijab in secondary schools in Lagos State, resulted in some lawyers appearing in court in different religious attires. This makes a mockery of the judiciary and reduces the temple of justice to a circus show.
Besides, there were conflicting orders from courts of coordinate jurisdiction. This manifested more in political cases. In last year’s governorship primary of the All Progressives Grand Alliance (APGA) in Anambra State, for instance, different high courts in Anambra, Imo and Jigawa issued conflicting ex-parte orders, which portrayed the judiciary in bad light.
It is worthy to note that Justice Muhammad resigned recently on health grounds. The late last month, he was in the eye of the storm over some corruption allegations levelled against him by 14 justices of the apex court. Among others, they accused him of not giving them what was due to them particularly on welfare issues. According to the justices, Justice Muhammad was in the habit of gallivanting abroad for training with his spouse, children and personal staff without extending the same privileges to them. They also complained about poor electricity supply to the courts, decrepit vehicles, inadequate supply of diesel to their homes and chambers and other sundry allegations. This sorry state of affairs persisted in spite of the reported upward review of the apex court’s budgetary allocation.
It is regrettable that despite these allegations, President Muhammadu Buhari hailed Justice Muhammad, purportedly for doing well as the CJN. He conferred on him the second highest national honour of Grand Commander of the Order of the Niger (GCON).
We expect that a thorough investigation should be carried out on the allegations against Justice Muhammad before extending any privileges or retirement benefits to him. Some of the allegations against him revolve around corruption. We note, however, that he explained some of his actions and tried to exonerate himself from the allegations against him. As he put it, the poor economic and socio-political climate prevailing in the country engendered the delay in meeting some of the demands of his colleagues. Nevertheless, we urge the new CJN to institute a thorough investigation into the affairs of his predecessor. The task for the new CJN is heavy but well cut out for him. The judiciary is sinking and he needs to reform it because it cannot be business as usual. Always, the temple of justice must be clean and safe. He should address some of the welfare issues raised by the justices. He should also move against the use of ‘technicality,’ which some judges rely on, in dispensing justice. Justice should be the watchword. He must also engage the relevant authorities to ensure that the judiciary is truly independent.
It is gladdening that Justice Ariwoola has promised not to fail Nigerians in his new assignment. He pledged to abide and protect the constitution of Nigeria, especially with the cooperation of the justices of the Supreme Court. Although he described their petition against the former CJN as an internal memo, he said they had started resolving the issues in the memo.
Since every pronouncement of the Supreme Court is regarded as a law, Justice Ariwoola should therefore ensure that the apex court is restored to its pride of place. The principle of separation of powers must apply at all times. Of all the three arms of government, the judiciary is the most delicate. Let Ariwoola endeavour to insulate the judiciary from politicians. Very soon, Nigeria will hold a general election to elect people into different political positions. Some of the electoral disputes will end up in the courts for adjudication. Politicians will try to influence judges to do their bidding. It is incumbent on the CJN to warn judges to be above board. Any erring judge should be disciplined accordingly. This will go a long way in restoring the confidence in the judiciary.
We congratulate the new CJN on his new appointment and wish him well in his tour of duty. On no account should he allow the justices to dance naked in the market square again.
