The expectations are already high. The new Chief Justice of Nigeria, Ibrahim Tanko Muhammad has been screened and confirmed. For four years, effective this year when he is 66 till 2023 when Muhammad turns 70, Nigerians will hear much of him as far as the judiciary is concerned. OUR JUDICIARY CORRESPONDENT, ONYEWUCHI OJINNAKA takes a look at the screening of the number one judicial officer in Nigeria, and the expectations from voices in his constituency in line with current trends.
On Wednesday July 17, 2019 the Nigerian Senate screened Justice Ibrahim Tanko Muhammad for confirmation as substantive Chief Justice of Nigeria. He has been in acting capacity since January 2019.
The screening and subsequent confirmation was consequent upon the letter from President Muhammadu Buhari asking the Red Chamber to screen and confirm Justice Muhammad as the substantive Chief Justice of Nigeria.
President Buhari had sent the letter to the Senate on Thursday last week following the recommendation of the National Judicial Council (NJC) to appoint Justice Tanko the substantive CJN.
The letter which was titled, ‘Appointment of Chief Justice of Nigeria,’ reads: “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.”
Justice Muhammad was first appointed in January 25, 2019 as acting CJN after the suspension of erstwhile Chief Justice of Nigeria, Justice Walter Samuel Nkanu Onnoghen by the President, on allegation of false declaration of asset.
Justice Muhammad is 66 years this year, having been born in 1953 and will serve for four years during which time he will clock the statutory retirement age of 70 years in 2023.
Expectedly, he will leave with President Buhari whose tenure will also lapse in 2023.
Confirmation
Muhammad who arrived at the Senate at about 10:10am, was accompanied by top judiciary officers and were ushered into the red chamber.
In order to expedite the confirmation, the Senate listed it on its order paper on Tuesday, wherein it resolved to carry out the screening at the committee of the whole on Wednesday, July 17, 2019.
The Senate President Ahmad Lawan, said all the relevant credentials of the acting CJN were distributed to all the senators for required perusal, saying “Distinguished colleagues, please study the documents already distributed in preparation for screening and possible confirmation of Hon. Justice Ibrahim Tanko Muhammad as Chief Justice of Nigeria”.
After the screening which lasted for about one and a half hours during which he answered questions on the independence of the judiciary, administration of criminal justice, corruption and the poor funding of the judiciary, the Senate was satisfied at his responses in addition to his curriculum vitae which was earlier circulated to the senators for perusal, and confirmed him for appointment as the substantive CJN.
Collaboration Between Three Tiers of Government
While addressing the Senate after his confirmation, the new CJN stressed the need for collaboration among the three tiers of government namely; the Executive, the Legislature and the Judiciary.
Speaking particularly on the judiciary which he heads, Justice Muhammad said that the judiciary will not go cap in hand begging from the executives for anything in any circumstance.
“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 cap in hand begging or asking for anything, because if I ask tomorrow, I will be asked, and so I wouldn’t like it. Therefore, we are very careful and we remain contempt with the provision made for us.”
He said that a lot of amendments need to be done to many laws so that the operations of the Judiciary can be instrumental; particularly a review of the criminal laws of the country to make stiffer penalties that will deter criminals.
“Where we have the opportunity like the one the Senate has provided today and if I am permitted to, I 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.”
Judiciary Autonomy
The new CJN addressed the lawmakers on the issue of judiciary autonomy, urging the legislators to look into the financial autonomy of the judiciary, as it would close the ends that could encourage corruption in the judiciary.
Justice Muhammad however did not say much on salaries and allowances of judiciary workers
Salaries/Allowances of Judiciary workers
Nevertheless, while commending the new CJN for his openness in responding to the questions put to him, the Senate President, Lawan, advised him (CJN), to open up on the low salaries and allowances paid judicial workers in Nigeria so that the anomaly can be collectively addressed by both arms of government.
In his remarks to end the screening by Senators in Abuja on Wednesday, he pointed out that corruption in the judiciary cannot be tackled with the current ridiculous salaries and allowances paid Judiciary workers in the country.
He decried the low salaries currently earned by judiciary workers, tasking the CJN to engage lawmakers on discussion with a view to ameliorating the situation.
According to him, let me “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 Judicial 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,” the Senate President said.
Earlier in his address, Justice Muhammad highlighted the challenges of corruption in the judiciary, urging legislators to intervene.
Corruption
Highlighting on corruption, Justice Muhammed admitted that Nigeria’s Judicial arm of government headed by him has been infested with corrupt elements, positing that judiciary under his watch has challenges of corrupt judges.
He argued that corruption persists in Nigeria as a result of lack of stiff punishment of offenders, and challenged the legislature to intervene with the review of laws.
“I always say that Nigerian judiciary is part and parcel of Nigeria and I am not surprised seeing some judges being corrupt but must be treated same way other corrupt elements are treated.”
Recalling his experiences when he was a magistrate in Bauchi some years ago, he noted that corruption in the judiciary began when indigenous judges took over adjudication in courts.
“I was a magistrate in Bauchi then, but by the time I finished law school, went to NYSC and came back and then we had a White man as our boss, there was no corruption. Later, when we had a black man we started having problems.”
He tasks the legislators to review Nigeria’s criminal law.
“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.
Speaking on the independence of the judiciary, he said, some governors posed a huge challenge to the independence of the state judiciary, adding that the legislature should tie all loopholes that are inherent in the nation’s judiciary.
“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.”
Expectations of Stakeholders
A Professor of Law and Senior Advocate of Nigeria, Prof Itse Sagay while speaking with TheNiche, said the two areas which the new CJN should look into and find solution are corruption and the technicality in delivering justice.
On corruption, Sagay implored Justice Muhammad to ‘root out corruption ruthlessly out of the judiciary’, stressing that nothing is more devastating in the society than corruption in the judiciary which is seen to be where justice is obtained.
He pointed out that in a situation where justice is bought, corruption/criminality continues to thrive because the judiciary is infested with corruption as people facing corruption charges are discharged and acquitted as they can buy their freedom with their looted funds. He said that it is a dangerous trend as such situation can lead to chaos and anarchy.
Prof Sagay who is also Chairman, Presidential Advisory Committee on Anti-Corruption said that in the fight against corruption in the judiciary and nation as a whole, his committee will partner with the new CJN. “ My committee wants to partner with him in this aspect.”
Another issue the Silk lawyer noted is that the judiciary should be less technical and narrow-minded in disposing cases or giving judgement, especially at the Supreme Court. He said that judges should not be looking at the technicality of the a case which often leads to discharge and acquittal of a defendant but should rather look at the substance or merit of a case.
He said that in most cases those standing trial are discharged and acquitted based on technicality instead of looking at the substance of case.
“At the Supreme Court, judges should have mental capacity to know the rule of law and the technicality of law.”
By applying technicality when writing judgement, they are killing the judiciary, they are killing justice.”
“Even before writing the judgement, a judge should ask what does the law say in such case. The law must be propelled towards justice, like what was obtainable in the olden days of Eso,” Sagay said.
The new CJN should tackle these issues affecting the judiciary and leave a robust and corruption-free judiciary.
In another interaction with TheNiche a former permanent secretary in the Lagos State Ministry of Justice and Solicitor-General’ Lagos State, Lawal Pedro (SAN) feels that the new Chief Justice of Nigeria should focus more on the Judiciary and Administration of Justice in the Country.
“As head of the judiciary, he should think how he can structure our court system and the rules.”
Mr Pedro stressed that no matter what happens in our courts cases should not last for more than one year or at most one and a half years. He said that quick justice delivery encourages local and international investment and therefore boosts the nation’s economy.
He said that effective and efficient administration of justice encourages local and international investments, but in a situation where a case lasts for 10 years or more, it discourages investments because investors will not like to be entangled in a case that will not end easily.
Pedro further posits that effective administration of justice will help to discourage corruption. If a matter is dispensed quickly, it will discourage corruption because it is a matter that is expeditiously heard and dispensed, there will no room for corrupt practices in the judiciary. But when a matter is over 10 years, it becomes frustrating because sometimes the litigants may want the matter to end the way they want.
As head of the judiciary, the CJN should cooperate with the body of Senior Advocates of Nigeria. “The SANs will cooperate with him to fast track the administration of justice. Fast tracking administration of justice will boost economy, investment and will discourage corruption.”
Creation of Court
Mr Pedro made a special case for Lagos State on creation of more courts. He implored Justice Muhammad to give Lagos State more attention by creating more courts for the State. He said that as an insider (former solicitor general) in the Lagos Judiciary, the volume of cases in Lagos surpass other states. He disclosed that a Lagos High Court judge has about 1000 cases to handle and because of the volume, some cases last longer than necessary.
The volume of cases in Lagos is due to number of investments , the economy, population and Federal establishments present in the State.
“Look at Lagos as a special case and create more courts in Lagos. Also the two panels in Lagos division of Court of Appeal is not enough. Court of Appeal Lagos division handles cases from Lagos High Court, Federal High Court and Industrial Court.
“Lagos has largest number of people, litigation, investments. Every stakeholder should ensure that the judiciary is uplifted,” Pedro solicited.