The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has given assurance that the issue of a shrinking bench at the Supreme Court will soon be resolved.
He made this statement during a valedictory court session in honor of retiring Justice Musa Dattijo Muhammad in Abuja.
The CJN said: “His retirement today has further depleted our ranks and opened a yawning gap that will hardly be filled.
“With him leaving us today after the retirement of Hon. Justice Adamu Amina Augie a few weeks ago, we are now left with just 10 Justices on the Supreme Court Bench; being the lowest we have ever had in contemporary history of the Court.
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“However, I can confidently assure all the litigant public that efforts are in top gear to get on board a sizeable number of Justices to boost our rank and complement the tremendous effort we have been investing in the business of the court.”
Justice Ariwoola, who eulogised Justice Muhammad, hailed him for his contribution to the development of the nation’s Judiciary.
He added: “His Lordship is one judicial officer that could be blunt, even to a fault; and is never known to be afraid to say things the way they are; and also never shies away from calling a spade by its name, irrespective of whose ox is gored.
“Through his mien and conduct, His Lordship has succeeded in erecting an edifice of hope and optimism in the minds of his teeming admirers and even generations yet unborn who will be privileged to access and behold his great works in the judicial landscape that have already been well documented and displayed conspicuously in the shelves of various libraries across the world.”
In his address, Justice Muhammad called for immediate reform of the Judiciary, particularly as it relates to the powers of the CJN, the management of its finances, the process of appointing judges, commitment to justice dispensation, among others.
He lamented the dwindling fortunes of the Judiciary, saying: “It is obvious that the Judiciary 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.”
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He said a situation where the Constitution gives enormous powers to the CJN was unhealthy because such powers were easily abused.
The retiring Justice said: “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.
“A person with absolute powers, it is said, corrupts easily and absolutely. 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 on any matter related to these bodies. He has both the final and the only say.
“The CJN has power to appoint 80 per cent of members of the council and 60 per cent 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.
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Justice Muhammad, who retired as the second most senior Justice of the court, argued that it was not ideal where the second most senior Justice in the country was not constitutionally assigned any role, with the CJN having all the powers and responsibilities.
“Regrettably, the next most senior justice of the Supreme Court, like Deputy Governors of a state, shorn of any official function except at the pleasure of the Governor, is neither consulted on anything nor does he have any official function.
“His job as No. 2 is purely as the CIN pleases. It is incumbent that the system provides for more inclusion and consultation among the stakeholders.”
