By Oguwike Nwachuku
On Wednesday, July 17, 2019, the Nigerian senate in a voice vote confirmed the appointment of Ibrahim Tanko Muhammad, Commander of the Federal Republic (CFR), as the 16th Chief Justice of Nigeria (CJN).
That he is now relishing the congratulatory messages pouring into his office and home from friends, relatives and associates is no more news.
With the confirmation Muhammad officially becomes Nigeria’s number one jurist.
He succeeds suspended CJN, Walter Onnoghen who willful applied for retirement. Muhammad will be 66 years by December 31 this year and in the next four years, that is December 31, 2023, he will be 70 and due for retirement.
Muhammad was first appointed Acting CJN in January 2019 after President Muhamamdu Buhari suspended Onnoghen who then was accused of false assets declaration and subjected to prosecution.
Muhammad is coming into the office of the CJN with a resume many believe prepares him for the challenges ahead.
I learnt Muhammad’s credentials made the senators happy when they sighted it ahead of his screening.
The new CJN hails from Doguwa – Giade, a local government area in Bauchi State, Northern Nigeria.
He attended Government Secondary School, Azare where he obtained the West Africa School Certificate in 1973. He was admitted to a bachelor’s degree in Law in 1980 from the Ahmadu Bello University and was later to obtain a Master and Doctorate (Ph. D) degree from the same university in 1984 and 1998 respectively.
Muhammad’s law career actually began in 1982, after he was called to the bar in 1981, the same year he graduated from the Nigerian Law School.
In 1989, he was appointed as Chief Magistrate of the High Court of the Federal Capital Territory, a position he held until 1991 when he became a Judge at the Bauchi State Sharia Court of Appeal.
Muhammad served in that capacity for two years before his appointment to the bench of the Nigerian Courts of Appeal as Justice in 1993.
It was from the Court of Appeal where he spent 13 years that he was appointed to the bench of the Supreme Court of Nigeria in 2006, though was sworn-in on January 7, 2007.
Muhammad’s confirmation was sequel to consideration of his nomination by President Buhari by the Senate Committee of the Whole headed by Senate President Ahmad Lawan.
On Thursday, July 11, 2019 Buhari forwarded a letter to the Senate, requesting for confirmation of Muhammad as substantive Chief Justice of Nigeria.
Buhari’s letter was a follow up to the recommendation made by the National Judicial Council (NJC) advising that Justice Tanko, then in acting capacity, be made substantive Chief Justice of Nigeria.
The president’s letter entitled, ‘Appointment of Chief Justice of Nigeria,’ read: “In accordance with Section 231 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which gives the President the power to appoint a Chief Justice of Nigeria on the recommendation of the National Judicial Council and subject to the confirmation of the appointment by the Senate, I have the honour to forward the nomination of Honorable Justice Ibrahim Tanko Muhammed for confirmation as Chief Justice of Nigeria.
“It is my hope that this request will receive the usual expeditious consideration of the distinguished Senate of the Federal Republic of Nigeria.”
At plenary, on Wednesday, when Muhammad’s screening lasted from 11.40am to 1.15pm he fielded questions from curious Senators after which Senate President Lawan asked him to take a bow and leave the Senate chambers.
The upper legislative chambers later ratified his confirmation shortly after Muhammad’s exit, a development which underscores his appointment, in full capacity, as Nigeria’s number one judicial officer and head of that very important arm of government effective July 11, 2019 when President Buhari nominated him for that position.
For the 95 minutes Muhammad was screened, he responded to questions from senators, most of which centred on criminal justice administration, corruption and poor funding of the judiciary.
Expeditiously as Buhari requested, Muhammad’s confirmation came when he was asked to take a bow by Lawan fully convinced the new CJN fits the mould.
Lawan told Muhammad: “Thank you for coming to answer questions on reasons you should be confirmed as the Chief Justice of Nigeria.
“Let me on behalf of my distinguished colleagues tell you that the Senate is primed to work with the judiciary. I was not expecting you to disclose salaries and allowances of the Judiciary staff, but I was equally not too pleased with low salaries and packages.
“The salary is so low and actually you are not supposed to keep it to yourself, we are supposed to discuss it.
“If we are asking our judges to live above board, the judiciary is supposed to be redirected, so you should open up to the legislature so that we can solve the problem collectively.
“You also complained about accommodation for additional judges, probably in your first line charge, this Senate would look at that and I thank you once again.”
Signs Muhammad’s confirmation was a fait accompli started showing when he was responding to some enquiries from the senators, woven around criminal justice administration, corruption, funding among others.
If you watched the screening proceedings of Muhammad, you will not but credit him for his erudition, comportment, intelligence, discipline, and sense of commitment to his professional calling and duty.
Most of the views Muhammad espoused during his screening were critical to the things ailing the Nigerian judiciary and by extension, the country at large.
It was therefore not a surprise that he called for synergy, like those before him, between the three tiers of government as the gateway to achieving a relatively corrupt-free and disciplined society, so as to achieve a repositioned judiciary under his watch in the next four years.
Many, including yours sincerely saw in Muhammad the conservatism that is supposed to be associated with judiciary officers, particularly of the bench. Many also saw the exhibition of confidence from a committed judiciary officer prepared to deal with a society whose large chunk of public is in bed with everything bad and ugly, the institution that screened him not excluded.
He showcased the pride that comes from being “learned” while others are educated. And in un-mistaking terms, he was proud to tell the senators that the last thing he would do is to go begging the other arms of government – executive and legislature – expectedly primus inter pares, for anything.
“The Nigerian judiciary is only one arm of government, we cannot on our own, except when we put heads together with the legislature and the executive, that we may be able to project Nigerian judiciary to the limelight.
“With due respect, that is not the true position of what is obtained in the society, we rely on what is made as a provision for us, we never go hand in cap begging or asking for anything, because if I ask tomorrow, I will be asked, and I wouldn’t like it. Therefore, we are very careful and we remain contempt with the provision made for us.”
Muhammad was quick to propose we take another look at our criminal justice system in dealing with the multi-dimensional criminality that is fast eroding the confidence of the judiciary as far as adjudication is concerned.
He believes amendments that will do the society a lot of good need to be made on many of the existing laws so that the operations of the judiciary can be instrumental. He was particular about a review of the criminal laws of the country that will make provisions for stiffer sanctions with the implication of deterring non conformists.
His words: “Where we have the opportunity like the one the Senate has provided today if I am permitted to bring all sorts of problems that are becoming stumbling blocks to the progress of the Nigerian judiciary, or particularly, the federal level.
“We hope by the time we go back, we make attempts to bring our proposal for the amendments of many of our laws, when we get them amended, certainly, the operations will be better.
“I intend, God’s willing, to project if I have the cooperation of the executive and the legislature.”
It was not for nothing that Muhammad admonished the lawmakers to be at the vanguard of the review of certain sections of Nigeria’s criminal law that will make prosecution of offenders more meaningful.
His argument is that corruption persists in Nigeria as a result of lack of stiff punishment for offenders, hence he challenged the legislature to intervene with the review of laws.
Because Muhammad was in the senate chambers with some of the judges who were at one time on trial over corruption charges, it became fashionable for some of the senators to focus their questions on corruption during the screening.
But if his experience as a young magistrate in Bauchi is anything to go by, Nigeria has long domesticated corruption in our clime, including in his judiciary constituency contrary to what the country inherited from the expatriates.
“I was a magistrate in Bauchi then, but by the time I finished law school, went to NYSC and came back we had a white man as our boss, there was no corruption. Later, when we had a black man we started having problems.
“I always say that Nigerian judiciary is part and parcel of Nigeria and I am not surprised seeing some judges being corrupt but they must be treated same way other corrupt elements are treated.
“Left for me, there is a need to look at our criminal laws again with a view to dealing with corruption in the society.
“Some criminals are couching on loopholes in our laws and I want to urge the legislators to amend laws to sanitize the society.”
What was Muhammad’s take on the autonomy of the judiciary? As far as that is concerned, some governors pose a huge challenge to the independence of the state judiciary. What he said is common knowledge.
“Some governors deny monthly allocation to the judiciary while they take care of their political appointees. It is in my view that it’s only the legislature that can put things right in Nigeria,” he suggested.
When Muhammad spoke about not being prepared to beg the other arms of government for what is due to the judiciary, my ears were wide open to hear him expatiate on the narrative as his screening progressed. But I was disappointed. And I am sure many others were. Why?
Muhammad was busy soliciting cooperation with an arm of government peopled by characters that managed their states at one time or the other as governors, but failed to lift a finger on either the welfare of judiciary officers or promote its financial autonomy knowing full well the positive implications.
He came face to face with men and women who see and think that Nigeria revolves around the institution they find themselves and could do anything to satiate their selfish, clannish, religious and party affiliation desires at the detriment of those they are representing, yet he bungled the opportunity.
Does Muhammad think Senate President Lawan and his colleagues do not know that judiciary officers are poorly paid? Can they accept to be on oath over ignorance of the welfare of judiciary officers, including the decrepit state of the places they live and work from as offices? Who is deceiving whom?
As hard as Muhammad attempted to present the state of the judiciary to the senate and sought for the collaboration of the trio (executive, legislature and judiciary) to solve the problems bedeviling the bar and bench, most of the information he provided to the senior lawmakers are already in public domain, but it is in the character of the executive and legislature to play the ostrich when matters that do not concern them directly are brought to their attention.
Muhammad had a golden opportunity to call out the governors that frustrated criminal justice system, independence of the judiciary and promoted corruption when they were in power. They were seated right there, before him, but typical of the Nigerian public servants, he preferred to sound diplomatic over matters that affected such senators because his confirmation was more important to him than the issues he had come to address.
The least many Nigerians expected from Muhammad was not to have refused to name the governors. And naming them would not only have made Muhammad a hero of sort but would have served as deterrent to the sitting governors who may want to travel the same road their predecessors took in undermining the system.
Part of the problems that have worked against the Nigerian system is the elevation of hypocrisy to a religion. It is even more confounding when those who clamour for system change are at the centre of the deceit and pretense. If the CJN who today wears the shoe of the judiciary and knows where it pinches fails to deal with the issues affecting the system, when the opportunity was offered, who then will? What is Muhammad afraid of?
Mr. CJN, as far as many Nigerians are concerned, you have made another “wonderful” presentation of the anomalies affecting the larger Nigerian society, and the institution you represent, but let us see how far those you have parceled your problems to will go in dealing with them.
Those in doubt can as well check previous presentations made by Muhammad’s predecessors and see what came out of them.