October 28, (THEWILL) – A retiring justice of the Supreme Court, Musa Dattijo Muhammad, on Friday, exposed the dirty deals in the Nigeria’s apex court, especially exclusion of the South-East on the bench of the court and the over concentration of powers (absolute powers) on the Chief Justice of Nigeria (CJN).
Speaking during the valedictory session held in his honour on Friday, at the Supreme Court complex in Abuja, Justice Muhammad lament ed the exclusion of justices from two geo-political zones of the country from the seven-man panel that heard the two appeals filed separately by Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP) and his counterpart in the Labour Party (LP), Peter Obi.
Noting the death of Justice Sylvester Ngwuta on March 7, 2021, Muhammad lamented that he ought to have been replaced, since he was the only Justice representing the South-East at the apex court.
The retiring justice from Niger state, also observed that with his exit, the North-Central zone, which he represented, would no longer have a justice on the bench; adding that it was dangerous for the nation’s democracy to have left out justices from the South-East and North-Central regions in the seven-man panel of the apex court that sat on the two appeals filed by Atiku and Obi.
He blamed the tardiness in ensuring the two regions had representatives on the Supreme Court bench on the CJN, adding that it was deliberate and it “is all about the absolute powers vested in the office of the CJN”.
Justice Muhammad said, “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.
“With the passing of my lord, Justice Chima Nweze, on July 29, 2023, the South-East no longer has any presence at the Supreme Court. My lord, Justice Sylvester Ngwuta, died on March 7, 2021. There has not been any appointment in his stead for the South-East.
“As it stands, only four geo-political regions – the South-West, South-South, North-West and North-East are represented in the Supreme Court. While the South-South and North-East have two serving justices, the North-West and South-West are fully represented with three each.”
On the powers of the ChiefJustice, Muhammad said the CJN, as chairman of the National Judicial Council (NJC) and other statutory Judicial bodies including the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), and the Legal Practitioners Privileges Committee (LPPC), the oversight functions of these bodies “should not rest on an individual alone”, adding that a person with absolute powers, “it is said, corrupts easily and absolutely”.
According to Justice Muhammad, given his enormous powers, the CJN appoints members of the various judicial institutions without conferring with fellow justices nor seek their counsel or input on any matter related to these bodies.
His words: “As presently structured, the CJN is Chairman of the National Judicial Commission, which oversees both the appointment and discipline of judges. He is equally the chair of the Federal Judicial Service Commission, the National Judicial Institute, and the Legal Practitioners Privileges Committee that appoints Senior Advocates of Nigeria.
“My considered opinion: the oversight functions of these bodies should not rest on an individual alone. A person with absolute powers, it is said, corrupts easily and absolutely.
“As chair of the NJC, FJSC, NJI, and LPPC, appointments as council, board, and commitment members are at his pleasure. He neither confers with fellow justices nor seeks their counsel or input on any matter related to these bodies; he has both the final and the only say.
“The CJN has the power to appoint 80 percent of members of the council and 60 percent of members of FJSC. The same applies to NJI and LPPC.
“Such enormous powers “are effortlessly abused. This needs to change. Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country. Appropriate steps could have been taken earlier 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 CJN and the responsible exercise of the same.”
The retiring Jurist also touched on the issue of funding and independence of the judiciary. He argued that while the judiciary’s budget soared from N70 billion in 2015 to N165 billion currently, Justices and officers’ welfare and the quality of service the judiciary render(s) have continued to decline.
On the issue of judges salaries, Justice Muhammad wondered “why the Chief Registrar of the Supreme Court earns more than the Justices. While she earns N1.2m per month, justices take home N751,000 in a month.
“The CJN on his part takes home N400,000 plus. The salary of a Justice, curiously, drops rather than increases when he gets the added responsibility of being a CJN.
“That the unjust and embarrassing salary difference between the justices and the Chief Registrar still abides remains intriguing to say the least”, he lamented.
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