SIR: The erstwhile Chief Justice of Nigeria, Ibrahim Tanko, resigned his appointment on June 27 and the next in line, Olukayode Ariwoola, was sworn in the same day in an acting capacity, as is the practice. The manner of the resignation – voluntary or forced – and the reason for it – ill-health or alleged corruption – have raised critical questions on the state of the judiciary. Even more important is the circumstances of the said resignation, the letter from his peers that was leaked to the media.
Fourteen Justices of the Supreme Court (JSC) had written to the then Chief Justice of Nigeria (CJN), Tanko Muhammad, lamenting the parlous situation in the court. In this first-of-its-kind protest letter in the 58-year history of the apex court, the justices chronicled the operational challenges that have almost crippled the efficient adjudication of cases at the court. The aggrieved justices listed the problems to include vehicles, electricity tariff, supply of diesel, internet services to their residences and chambers, and epileptic electricity supply to the court. The jurists further noted that “we find it strange that despite the upward review of our budgetary allocation, the court cannot cater for our legitimate entitlements”.
The judiciary is beset by serious ethical problems, including an increasingly nepotistic mode of appointment of judges and elevation to the higher judicial benches, and cases of corruption and perversion of Justice. The most disturbing out of these problems is determination of election petitions and general litigations relating to the investigation, arrest, detention or trial of prominent members of the political class for corrupt practices.
Openly, eminent jurists and senior citizens are decrying the situation whereby corruption is eating deep into the heart of the judiciary. Nigerian judges are no longer sought after. Ishaq Bello, nominated by the president to the ICJ in 2020, was rejected in the polling, reportedly on the grounds that he did not make the cut.
The Nigerian judiciary has failed in this democratic era. This ugly development was confirmed and admitted by the former Chief Justice of Nigeria, Justice Dahiru Mustapha, at his inauguration and swearing in by President Goodluck Jonathan. According to him, “the Nigeria judiciary lost international recognition and patronage. It has also lost its usefulness and value at home. Nigeria is experiencing serious social upheaval given the depressing state of affairs of judiciary in the country as a result of the inability of the system to administer civil, political and criminal cases in proper manners.
Allegations of corruption and bribery had been leveled on judges without the National Judicial Commission (NCJ) carrying out proper investigation to ascertain the truth of the allegations. Justice in contemporary Nigeria seems to be on sale. The degree of the judicial decadence has made it impossible for those who are not politically connected to get justice in the courts. The judiciary must be reformed; the new CJN should champion and sustain this cause with vigour.
The self-regulating mechanism employed by the NJC has no doubt outlived its relevance. There is urgent need to review the NJC Act to allow members from outside the judiciary to sit on the council. For the judiciary to reclaim its integrity, all those judicial officers that were accused of corruption and other professional misconduct, who had been thoroughly investigated should be prosecuted. A mere suspension from the bench is not enough to serve as deterrent to others who may want to subvert justice. As the saying goes, “he who must come to equity must come with clean hands”.
Appointment of judges should not be done by the governor but the NJC which should appoint the most senior judge subject to the confirmation by the Senate and Houses of Assembly of the states for CJN and Chief Judges of the states respectively.
All funds of the state judiciary should be promptly paid through the NJC. The judges should have nothing to do with the executive on salaries, recurrent and capital fund. Judges are not above the law of the land, the NJC should continue to handle discipline of judges and the law should ensure retrieval of any corruptly earned wealth from the judges.
- Felix Oladeji,
Lagos.