Retiring Supreme Court Justice Advocates Judicial Reform, Highlights CJN's Powers

Musa Dattijo Muhammad, a retiring Supreme Court justice, has raised concerns about the composition of the seven-member panel responsible for dismissing appeals aimed at ousting President Tinubu from office. He pointed out that the panel lacked representation from all of the country's geopolitical zones. Additionally, Justice Muhammad emphasized the need to curtail the extensive powers held by Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola to safeguard against potential abuses of authority.

On Thursday, the Supreme Court panel rejected appeals made by Atiku Abubakar from the People Democratic Party (PDP) and Peter Obi of the Labour Party, upholding Bola Tinubu's presidency in Nigeria. This ruling elicited diverse reactions from the Nigerian public.

Simultaneously, Justice Muhammad, who served in the judiciary for 47 years, concluded his tenure on the Supreme Court bench as he reached the mandatory retirement age of 70 on Friday. During a valedictory session organized by the Supreme Court in his honor, he addressed systemic issues in the judiciary that have influenced the country's justice delivery system.

He expressed, "Over the years, I ascended to become the second most senior justice on the country's highest court and Deputy Chairperson of the National Judicial Council.

"Considering my extensive years in the judiciary and the esteemed position I have achieved by the grace of the Almighty, I feel compelled to persist in the pursuit of reforms for a better Judiciary, drawing inspiration from the wisdom of those who preceded me," Justice Muhammad remarked before addressing the Chief Justice of Nigeria.

He emphasized that the current structure of the judiciary vested excessive power in the Chief Justice of Nigeria (CJN), who often made decisions without consulting other justices.

"As it stands, the CJN holds the positions of Chairman of the NJC, responsible for judge appointments and discipline, as well as Chair of the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), and the Legal Practitioners Privileges Committee (LPPC), which appoints Senior Advocates of Nigeria.

"In my considered opinion, the oversight responsibilities of these bodies should not be concentrated in a single individual. It is a widely acknowledged principle that unchecked power tends to lead to corruption."

As the Chair of the NJC, FJSC, NJI, and LPPC, he holds the authority to appoint members to councils, boards, and committees at his discretion. He neither consults with his fellow justices nor seeks their advice or input on matters related to these bodies. His decision is both final and sole.

"The CJN wields the power to appoint 80 percent of the council members and 60 percent of the FJSC members, a rule also applicable to the NJI and LPPC.

"Such extensive powers are susceptible to misuse and must undergo transformation. Denying the existence of this concerning anomaly undermines effective judicial oversight in the country," he emphasized.

Regarding the current composition of the apex court bench, Justice Muhammad alleged that the deliberate failure to fill the vacant South East slot on the Supreme Court bench was a result of the "absolute powers vested in the office of the CJN."

He further pointed out that with his retirement, the North Central zone, which he represented, would no longer have a Justice on the Supreme Court bench.

"My Lord Hon. Justice Ejembi Eko JSC, who also represented the zone, retired on May 23, 2022. It has been a year and five months since then, and there has been no replacement.

"With the passing of my Lord Hon. Justice Chima Centus Nweze, JSC, on July 29, 2023, the South East no longer has a presence at the Supreme Court. My Lord Hon. Justice Sylvester Nwali Ngwuta JSV passed away on March 7, 2021, and no appointment has been made in his place for the South East.

"At present, only four geopolitical regions—the South-West, South-South, North-West, and North-East—are represented on 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.

"Efforts to fill the outstanding vacancies in the apex court could have been taken promptly. The delay in these actions is evident, and it is primarily due to the absolute powers vested in the office of the CJN and how these powers are exercised," the retiring jurist concluded.

Regarding the membership of the panel that heard the presidential election appeals by candidates of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar and the Labour Party (LP), Mr. Peter Obi, Justice Muhammad raised the concern:

"To ensure justice and transparency in presidential appeals from lower courts, participation from all geopolitical zones is essential. It is detrimental to democracy and fairness for two entire regions to be excluded from decisions that impact the entirety of Nigerians.

"This is not in line with the intentions of our laws. While it can be argued that no one anticipated the sudden passing of Hon. Justice Nweze JSC, it has been two years and seven months since the previous justice from the South-East passed away, and no appointment has been made."