In 16 days, Chief Justice of Nigeria (CJN), Olukayode Ariwoola will make his last appearance on the Supreme Court Bench. A valedictory court session has been scheduled for him. Assistant Editor ERIC IKHILAE reviews his tenure.
His distinctive appearance became a regular feature in public space upon his appointment, first in an acting capacity on June 27, 2022, and later as a substantive CJN on October 12, 2022.
Justice Olukayode Ariwoola’s well-trimmed signature facial hair always distinguishes him from other members of the apex court’s Bench.
The man Olukayode Ariwoola
He was born in Iseyin, Oyo State on August 22, 1954. He started his primary education at the Local Authority Demonstration School, Oluwole in the Iseyin Local Government Area of Oyo State.
Justice Ariwoola later moved to the Muslim Modern School in the same Iseyin from 1968 to 1969, and subsequently attended the Ansar-Ud-Deen High School, Shaki, Oyo State where he completed his High School.
He graduated from the University of Ife (now Obafemi Awolowo University), Ile Ife, Osun State in July 1980, from where he obtained his Bachelor’s Degree in law (LLB) and was called to the Nigerian Bar and got enrolled at the Supreme Court of Nigeria as a Solicitor and Advocate in July 1981.
Ariwoola started his career as a State Counsel on the National Youth Service Corps (NYSC) at the Ministry of Justice, Akure, Ondo State, and later as a Legal Officer in the Ministry of Justice, Oyo State until 1988 when he voluntarily left the State Civil Service for private practice.
He had worked as counsel in the chambers of Chief Ladosu Ladapo (SAN) between October 1988 and July 1989 when he established Olukayode Ariwoola & Co – a firm of legal practitioners and consultants in Oyo town in August 1989 from where he was appointed in November 1992 as a Judge of Oyo State Judiciary.
He was chairman of the Board of Directors, Phonex Motors Ltd – one of Oodua Investment conglomerates between 1988 and 1992, and chairman of the Armed Robbery Tribunal, Oyo State between May 1993 and September 1996 when he was posted out of the headquarters, Ibadan to Saki High Court.
Ariwoola was elevated to the Court of Appeal in November 2005 and subsequently to the Supreme Court judgment on November 22, 2011.
In the beginning
Justice Ariwoola sounded optimistic and evinced a determination to make a difference on November 28, 2022, at the special court session to mark the Supreme Court’s 2022/2023 legal year, his first as the CJN.
He pledged that the third arm of government would do more in the new legal year to deliver on its constitutional mandate of justice delivery.
Ariwoola added: “The prosperity of the Nigerian Judiciary is the responsibility of all of us.
“We must not shy away from the challenges staring us in the face because if the judiciary fails, there will certainly be no country to call Nigeria.
“Those wishing us bad and even engaging in different forms of unwholesome conduct to sink the ship, will certainly not be comfortable with the likely result that would emerge from such unpatriotic effort.
“Nigeria is a project in our hands that must be collectively nurtured to prosperity and Eldorado.
“We cannot run away from those vices that confront us as a nation, rather, we have to fasten our belts and face them head-on.”
Full complement of justices
As his family, friends, colleagues and admirers prepare for the valedictory court service to be held in his honour by the Supreme Court on August 22, opinions are however divided about his impact in office.
While some are of the view that he discharged his responsibilities creditably well, others argue that he did not do enough.
To those who believe the outgoing CJN did his best, the fact that he is not leaving unceremoniously, like his immediate two predecessors, is sufficient to make him walk with his head held high.
The Director of Information and Public Relations at the Supreme Court, Dr. Festus Akande recalled that one of the many achievements of Justice Ariwoola was that he effectively worked with the relevant stakeholders in increasing the number of Supreme Court Justices to 21 to meet its full complement for the very first time in history.
While speaking on November 27, 2023, at the special court session to mark the Supreme Court’s 2023/2024 legal year, his second and last as the CJN, Justice Ariwoola regretted the depletion in the number of the court’s Justices but disclosed that the process of appointing new ones was almost completed.
He said: “As soon as I assumed office on the 27th day of June, 2022, I immediately got down to work on this urgent and immediate need in particular.
“Though we have not gotten them on board yet, I can convincingly assure the litigant public that within a very short while, the Supreme Court of Nigeria will, for the very first time in its history, get the constitutionally prescribed full complement of 21 Justices.
“That is one of the legacies I have been working assiduously to leave behind as it now seems that the court has been somewhat ‘jinxed’ from meeting its constitutional requirement since that piece of legislation was enacted several years ago.”
True to his word, on February 26, 11 new Justices were added to the apex court’s Bench.
Akande also noted upon assuming office, Ariwoola sustained the call for an enhanced welfare package for the nation’s judicial officers.
He added that in this regard, the CJN activated “the mutual dialogue and effective consultation with the relevant authorities that resulted in the National Assembly Bill to increase the remuneration of judicial officers.”
Akande said efforts by the outgoing CJN resulted in automating the Enrolment Unit of the Supreme Court to enable all lawyers called to Nigeria Bar to be able to enrol online without necessarily going to the Supreme Court physically.
“This is now done by simply uploading a passport photograph, scanned signature, qualifying certificate issued by the Nigerian Council of Legal Education (NCLE) and Call to Bar Certificate issued by the Body of Benchers,” he said.
Supreme Court’s role in naira crisis
Others, who also believe that Ariwoola did his best, recalled how the Supreme Court effectively deployed its power as a policy court to address the challenge posed by the naira redesign exercise carried out under the last administration.
In a unanimous judgment delivered on March 3, 2023, a seven-member panel, presided by Justice Inyang Okoro held that the directive by President Muhammadu Buhari to the Central Bank of Nigeria (CBN) for the redesigning and withdrawal of old notes of N200, N500 and N1,000, without consultation with the states, the Federal Executive Council (FEC) and the National Council of State and other stakeholders, was unconstitutional.
The apex court observed that no reasonable notice was given before the implementation of the policy as provided under the CBN Act.
In the lead judgement, Justice Emmanuel Agim also dismissed the preliminary objection by the federal government challenging the jurisdiction of the apex court to hear the suits by the 16 states challenging the currency policy.
Justice Agim was unhappy that former President Buhari failed to comply with the court’s earlier order, directing the Federal Goverment to delay the implementation of the police.
He said: “The rule of law upon which our democratic governance is founded becomes illusory if the President of the country or any authority or person refuses to obey the orders of courts.
“The disobedience of orders of courts by the President in a constitutional democracy as ours is a sign of the failure of the constitution and that democratic governance has become a mere pretension and is now replaced by autocracy or dictatorship.”
Local govt autonomy
The Supreme Court under Justice Ariwoola, also intervened recently with its judgment given on July 11 granting financial autonomy to Local Governments.
The apex court, in the judgment, held among others that it was wrong for the state government to retain and utilise Local Governments’ statutory allocations paid through them for onward transfer to the councils.
A seven-member panel of the apex court also declared unlawful the running of Local Governments by non-elected officials and those appointed by the state government or governor.
The court also declared as gross misconduct the dissolution of democratically elected Local Governments by governors, whose responsibility, under Section 7 (1) of the Constitution is to ensure the existence of democratically elected Local Governments.
It barred the Federal Government from releasing funds to Local Governments being managed by undemocratically elected officials.
The judgment was on the suit marked: SC/CV/343/2024 filed on behalf of the Federal Government by the Attorney General of the Federation (AGF), with all the 36 states’ Attorneys General as defendants.
Judicial discipline
Under Ariwoola, some erring judicial officers have had disciplinary measures applied to them, the latest case being the decision taken at the 105th meeting of the National Judicial Council (NJC) held between May 15 and 16.
The NJC, at the meeting, resolved to issue warning letters to Justice Inyang Ekwo of the Federal High Court and Justice GB Brikins-Okolosi of Delta State High Court.
Justice Ekwo was warned for abuse of the discretionary power of a judge by wrongly granting an ex-parte order in a suit between Juliet Ebere Nwadi Gbaka & 2 Ors V Seplat Energy Plc & 12 Ors.
Justice Ekwo was also barred from being elevated to a higher Bench for two years.
Hon. Justice GB Brikins-Okolosi of Delta State High Court was, on his part, issued a warning for failure to deliver judgement within the stipulated period in Joseph Anene Okafor Vs Skye Bank, after parties had filed and adopted their final written addresses.
Justice Brikins-Okolosi was also barred from being elevated to a higher Bench for a period of three years.
The NJC cautioned Justice Amina Shehu of Yobe State High Court for issuing writ of possession, conferring title on the defendant in a suit when there was no subsisting judgement of any court to enable His Lordship to issue the writ.
Lawyers’ views
Lawyers like Dr. Joseph Nwobike (SAN) and Wahab Shittu (SAN) are of the view that Justice Ariwoola has not done badly.
Nwobike hailed Ariwoola’s commitment to upholding judicial integrity, stressing that his tenure “ensured that vacancies in the various levels of the Judiciary are filled with despatch and generally improved on the welfare of judicial officers.”
According to Shittu, the outgoing CJN’s tenure has been marked by a commitment to integrity, fairness, and justice, which has earned him admiration and respect within and beyond the legal community.
“Justice Ariwoola’s tenure saw significant judicial reforms and efforts to combat corruption. His administration was notable for its role in overseeing the most keenly contested election since Nigeria’s return to democratic governance in 1999.
“During his tenure, there were remarkable efforts in the fight against corruption, particularly in the public sector.
“Critics argue that there still exist different levels of administrative incompetence and poor adroitness in the judiciary.
“They also point out that efforts to protect the judiciary from political influence, particularly from the Executive branch, were insufficient,” he said.
Criticisms
On April 15 a coalition of Civil Society Organisations (CSOs) engaged in a protest in Abuja and called for an independent investigation into the allegations of nepotism and favouritism against Ariwoola shortly after his son, Olukayode Ariwoola Jr. was appointed a judge of the Federal High Court.
The protesters, under the aegis of the Civil Society Consortium on Judicial Accountability (CSCJA) also accused the CJN of influencing the appointment of his younger brother, Adebayo Ariwoola, as an auditor at the NJC.
Addressing the protesters, Martin Obono, who claimed to be their leader, said the allegations should not be swept under the carpet.
He added that should the CJN be found guilty after the investigation, he should be sanctioned.
Obono added: “We, therefore, request that an independent inquiry into the appointment of Olukayode Ariwoola Jr. and the nomination of Oluwakemi Victoria Ariwoola be conducted to determine whether there were other suitably qualified persons nominated.
“In line with the age-old judicial maxim nemo judex in causa sua, Justice Olukayode Ariwoola should be asked to recuse himself as Chairman of the National Judicial Council pending the determination of the investigation.
“The investigation should be conducted and concluded within the shortest possible time and the results of the investigation be made available to the Petitioners and the Public.
“If Justice Olukayode Ariwoola is found to have breached the Code of Conduct, appropriate disciplinary measures be meted against him”.
Among the protesters were members from the Public Interest Lawyers League (PILA); Open Justice Alliance (OJA) ; Tap iNitiative (TI), Citizens Gavel (CG), among others.
They equally demanded that the office of the CJN be unbundled to avoid being further abused.
On his last day on the Bench of the Supreme Court, Justice Musa Dattijo Muhammad (now retired) alluded to nepotism, favouritism, corruption and abuse of office in the Judiciary.
Speaking on October 27, 2023, during his valedictory court session, Justice Muhammed blamed the CJN for the depletion in the Bench of the apex court. He also called for an investigation of the Judiciary’s finances.
While blaming the CJN for the delay in appointing Justices for the Supreme Court Justice Muhammad said: “Appropriate steps could have been taken since to fill outstanding vacancies in the apex court. Why have these steps not been timeously taken?
“It is evident that the decision not to fill the vacancies in the court is deliberate. It is all about the absolute powers vested in the office of the Chief Justice of Nigeria and the responsible exercise of same. “
On the need for transparency and accountability in the deployment of funds allocated to the Judiciary, he said: “Beyond the issue of the salaries of Justices remaining static with no graduation for over 15 years now, it is instructive to enquire what the Judiciary also does with its allocations.
“Who is responsible for the expenditure? An unrelenting searchlight needs to be beamed to unravel how the sums are expended.
“Notwithstanding the phenomenal increases in the sums appropriated and released to the Judiciary, Justices and officers’ welfare and the quality of service the Judiciary render have continued to decline,” Justice Muhammad said.
Observing that things were wrong with judges’ appointment process, Justice Muhammad said: “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. | 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 over-emphasised.
“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 judgments,” Justice Muhammad said.
Former Chairman of the Board of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu has consistently spoken out against some decisions taken by the Judiciary under Justice Ariwoola.
Addressing a press conference recently, Odinkalu claimed that judicial independence had been trumped and appointments to the Bench have been politicised.
Odinkalu noted that out of the 34 original nominees for appointment as judges that year, 23 were sons, daughters, mistresses and acquaintances of top-ranking politicians.
He argued that members of the Judiciary conduct themselves as if they are oblivious to the enormity of the power vested in them by the Constitution and other relevant legal frameworks.
Odinkalu contended that the Judiciary has abdicated its core responsibility to dispense justice, and instead, elected to fraternise with politicians in thwarting democratic processes.
He called for the unbundling of the office of the CJN and the diffusion of the omnibus powers of that office, thereby allowing transparency and accountability.
Odinkalu added that the same to be done with the NJC and urged for a review of the judicial appointment process
Another lawyer, Jibrim Titus noted that Justice Ariwoola was also part of the Supreme Court conclave that protested against his immediate predecessor, Justice Tanko Muhammad, accusing him among others of poor leadership, unresponsiveness, nepotism and maladministration in overseeing the business and welfare of the Supreme Court and its Justices.
“Titus said: “One would have expected a CJN, who came into office under this circumstance to do all within his powers to restore the stature of Judiciary and redeem its image which has been badly impacted by the misconduct of many judicial officers. But unfortunately, this has not been so.”
