In a democracy, the three arms of government, the executive, the legislature and the judiciary, are co-equal and must function effectively for government to work efficiently. The three arms of government also work harmoniously to ensure the maintenance of a democratic culture and society. These three arms of government derive their powers from the Nigerian Constitution, the National Assembly, the President and the federal courts, which include the Supreme Court, the highest court in the land.
Under the 1999 Nigerian Constitution, there is separation and balance of powers among the three arms or branches of government. This also ensures that there are checks and balances among the three equal arms of government. None of the arms can exist without the order. Each arm of government has its functions defined by the constitution and the constitution does not permit any encroachment on the powers and roles of each arm of government. The legislature makes the laws, the judiciary interprets them while the executive implements the laws and ensure good governance.
If one arm of the government is corrupt, with time the corruption will pervade the other two arms if nothing is timely done to tame corruption in government. But if corruption permeates the three arms of government, that democracy will die a natural death. That is to say that that country will also die a natural death. Countries like humans are capable of dying. A country dies when its democratic institutions are not strong enough to withstand the dictates of one man or group of persons or the so-called cabal.
A country dies when truth becomes a casualty of the corrupt ruling system, when eminent citizens who should speak truth to power start selecting which truth to say and which one to leave out. A country dies when her supposed moral beacons and much-advertised holders of the conscience of nation prattle in double sense and keep mute when they should not. If there is one arm of government we shall guard jealously in this country, it is the legislature, the most vital arm of government. After the legislature will be the judiciary and finally the executive.
Unfortunately, the three arms of government are currently not doing well in the country. They compete with one another on profligacy, unbridled opulence, corruption and what have you. They compete over Prado Jeeps, Yacht and whatever luxury item they fancy. It is from the foregoing premise that I welcome you to today’s treatise on the lamentation of Justice Muhammad Dattijo contained on his valedictory address upon retiring from the Supreme Court of Nigeria. Dattijo’s lamentation should not elicit pity. Rather, it should worry all of us that things have indeed fallen apart in the nation’s judiciary, especially at the apex court. Permit me to quote elaborately from Dattijo’s farewell address to his colleagues at the Supreme Court. Perhaps his admonitions may be used to begin to overhaul our judicial system and rid it of bad eggs. Our judiciary needs urgent surgical overhauling. Cases drag for eternity in our courts and getting dates for cases is as difficult as climbing palm tree or Mounting Kilimanjaro. I don’t want to say that there is bribery in the system. Those who frequent the courts for cases are in a better position to admit or deny it. In fact, it is good you hear everything about judicial oddities from the horse’s mouth.
According to Justice Dattijo, “As presently structured the CJN is Chairman of the National Judicial Council (NJC) which oversees both the appointment and discipline of judges, he is equally Chair of the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), the Legal Practitioners Privileges Committee (LPPC) that appoints Senior Advocates of Nigeria.
“In my considered opinion the oversight functions of these bodies should not rest on an individual alone. 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 in any matter related to these bodies. He has both the final and the only say.
“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 Court, being the highest 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 litigants who approach the court seeking justice are left in limbo; waiting endlessly for justice to be served. These, as I have said before, are avoidable.
“When I exit today, the North Central zone that I represent ceases to have any representation until such a time new appointments are made. My lord Hon. Justice Ejembi, Eko JCS 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 Chima Centus Nweze, JSC on 29th July, 2023, the South East no longer has any presence at the Supreme Court. My lord, Hon. Justice Sylvester Nwali Ngwuta, JSC died on 7th March, 2021. There has not been any appointment in his stead for the South East.
“To ensure justice and transparency in 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 is not what our laws envisage.
“A couple of years ago, appointment to the bench was strictly on merit. Sound knowledge of the law, integrity, honour, and hard work distinguished those who were elevated. Lobbying was unheard of. I never lobbied, not at any stage of my career, to secure any appointment or elevation. As much as possible the most qualified men and women were appointed. That can no longer be said about appointments to the bench.
“The judiciary must be uniquely above board. Appointments should not be polluted by political, selfish, and sectional interests. The place of merit, it must be urged, cannot be overemphasized. Public perceptions of the judiciary have over the years become witheringly scornful and monstrously critical. It has been in the public space that court officials and judges are easily bribed by litigants to obviate delays and or obtain favourable judgements.
“Recently, fresh allegations have been made that children and other relatives of serving and retired judges and justices are being appointed into judicial offices at the expense of more qualified candidates lacking in such privilege and backing. It is asserted that the process of appointment to judicial positions are deliberately conducted to give undue advantage to the “children, spouses, and mistresses” of serving and retired judges and managers of judicial offices.
“At the Court of Appeal, it is also asserted, presiding Justices are now being appointed out of turn. And there is the further issue of the unpredictable nature of recent decisions of the courts as well. A number of respected senior members of the bar inter alia, citing the Ahmed Lawan, the former President of the Senate and the Imo Governorship appeals, claim that decisions of even the apex court have become unpredictable. It is difficult to understand how and where, by these decisions, the judicial pendulum swings. It was not so before, they contend.
“In some quarters the view is strongly held that filth and intrigues characterize the institutions these days. Judges are said to be comfortable in companies they never would have kept in the past. It is being insinuated that some judicial officers even campaign for the politicians. It cannot be more damnifying!
“It is obvious that the judiciary that I am exiting from is far from the one I voluntarily joined and desired to serve and be identified with. The institution has become something else.”
Although Dattijo decried the rot in the judiciary, he also brought to the fore the rot in the other arms of government, the rot in our new found democracy and the rot in our so-called great country and the self-appointed giant of Africa. The gaze on the judiciary is also on the political leadership that is brazenly promoting nepotism and giving it the badge of sainthood.
No doubt, Dattijo sincerely and patriotically wept for the decay in the judiciary, the nation and our nascent democracy that is about to die a natural death or man-made death or both. His lamentation is a must-read for all Nigerians, especially those in leadership positions in the three arms of government. It is a call for a total overhaul of our governance system to serve the needs of all Nigerians.