Furore Over Senate’s Decision to Probe Ex-CJN, Justice Muhammad
Legal experts and the Human Rights Activists are at daggers drawn with the Senate over its decision to probe the immediate past Chief Justice of the Federation, Justice Tanko Muhammad (rtd), describing it as legislative rascality. Sunday Aborisade reports
President of the Senate, Dr Ahmad Lawan, had on resumption of plenary after the Easter break, last month mandated the Committee on Judiciary, Human Rights and Legal Matters, chaired by Senator Opeyemi Bamidele, to as a matter of urgency, wade into the crisis rocking the Judiciary, following the publication of a leaked memo by 14 Justices of the Supreme Court.
The aggrieved Justices who signed the leaked memo included, Justice Olukayode Ariwoola, who took over in acting capacity from Mohammad, who resigned on health grounds, about a week after the allegations of graft and maladministration became a public knowledge.
Other Justices who appended their signature to the document were, Justice Musa Dattijo Mohammed; Justice Kudirat Motonmori O. Kekere-Ekun; Justice John Inyang Okoro; Justice Chima Nweze; Justice Amina Adamu Augie; and Justice Uwani Musa Abba-Aji
The rest were, Justice Mohammed Lawal Garba; Justice Helen Moronkeji Ogunwumujimi; Justice Ibrahim Mohammed Musa Saulawa; Justice Adamu Jauro; Justice Tijjani Abubakar
and Justice Emmanuel Akomaye Agim.
The Justices, in the memo, protested the non-payment of legitimate entitlements by the CJN.
According to them, annual foreign training, meant to enhance capacity building for the country’s judicial process, had been blocked.
They also protested the non-replacement of poor vehicles; accommodation problem; lack of drugs at the Supreme Court clinic; epileptic electricity supply to the Supreme Court; increase in electricity tariff; no increase in the allowances for diesel; lack of internet services to residences and chambers, among others.
Part of their memo to the ex-CJN read, “We are serving this country diligently and to the best of our ability. We resolve disputes between the Executive and the Legislature including all manner of disagreements, between governments and individuals.
“It would be a tragedy if the Nigerian public were to know that we are unable to resolve our own problems internally without going public.
“The decision to write to you formally must be seen by Your Lordship as an effort on our part to preserve the dignity of the Judiciary and the respect accorded to us by Governments and people of Nigeria.”
They also asked the former CJN to be alive to his responsibility and expressed fears of a possible shutdown of the judiciary due to the concerns raised in the memo.
The Justices drew Mohammad’s attention to an internal memo served by the Chief Registrar, which notified judges that electricity would be supplied to the court between the hours of 8:00 a.m. and 4:00 p.m. daily, due to the lack of diesel.
They said, “The implication of this memo is that the Justices must finish their work and close before 4pm. Your Lordship with all due respect, this is the peak of the degeneration of the Court; it is the height of decadence, and clear evidence of the absence of probity and moral rectitude.
“Your Lordship, this act alone portends imminent danger to the survival of this Court and the Judiciary as an institution, which is gradually drifting to extinction.
“Your Lordship, this is a wake-up call. Your Lordship must take full responsibility as our leader. You must not concession your responsibility to people who have no responsibility or stake in preserving and defending the dignity of the Institution.
“Your Lordship occupies a position of leadership. We will not wait for the total collapse of the institution.”
Other issues brothers on the non-signing of amended Court Rules, an abrupt stoppage of foreign workshops and training per annum for justices; and no provision of qualified legal assistants.
Reacting to the issues raised, Mohammad, in a statement, denied allegations raised against him by the Supreme Court Justices.
The denial was contained in a statement by his Senior Special Assistant (Media), Ahuraka Isah.
According to him, the apex court had been living up to its constitutional responsibilities.
He said, “When a budget is made, it contains two sides, that’s the recurrent and the capital, yet all the two are broken down into items.
“The Federal Government releases the budget based on the budget components. And it’s an offence to spend the money meant for one item for another.”
The ex-CJN described his response to the memo of the Supreme Court Justices as “dancing naked at the market square.”
He lamented the effect of Nigeria’s economic situation on the apex court as responsible for the situation affecting the Judiciary.
Mohammad said, “The Supreme Court definitely does not exist outside its environment, it is also affected by the economic and socio-political climate prevailing in the country. Besides that, the Apex Court has to a larger extent been living to its constitutional responsibility.
“When a budget is made, it contains two sides, that’s the recurrent and the capital, yet all the two are broken down into items. The Federal Government releases the budget based on the budget components. And it’s an offence to spend the money meant for one item for another.
“Take, for instance, the Supreme Court budgeted this year to re-roof and rehabilitate its complex built over 30 years ago and that is being done.
“The work on the extension of the complex is near completion, the esthetic lawns and cleanness of the perimeters are being well-kept, and security and water supply are adequately provided for his brother Justices in their offices and residences.
“During the pandemic, a profound and extra-care was maintained to avoid causalities among them as well as the staff generally. It would have amounted to an act of irresponsibility to divert money meant for the above for otherwise.”
He also debunked an allegation that nothing was done to uplift the court, saying that the death of some justices affected the budget of the court.
Mohammad said, “Besides, two Supreme Court Justices died within the period under consideration. Both the four retirees and the two departed cost the court some funds in the forms of gratuities and allowances.
“Two weeks ago, eight Supreme Court Justices were nominated for a workshop in London as the court cannot take all of them there at once otherwise the job would suffer. They would be going in batches.”
The Senate President in his remark shortly before the red chamber adjourned plenary, penultimate Tuesday, said the Senate Committee on Judiciary, Human Rights, and Legal Matters, should look into the matter as part of its oversight functions.
Lawan said, “We may recall that there were some issues coming out of the Judiciary.
“We must have interest in what is happening in that arm of government.
“I believe that we owe it to Nigerians, to look into what is happening in that arm of government, with the view to bringing solutions to the problem that our Judiciary in Nigeria faces.
“So, I’ll urge our Committee on Judiciary, Human Rights and Legal Matters, to get involved with the CJN and Judiciary generally – at this level with the Supreme Court – to find out what the real issues are; and how the National Assembly can help.”
While the Senate panel was making preparations towards the probe, the news of Mohammad’s sudden resignation on health grounds, hit the air waves.
Notwithstanding the resignation of the head of the nation’s apex judiciary institution, the Senate passed a resolution last week to go ahead with its probe. The resolution which followed a motion moved by Senator Opeyemi Bamidele, mandated the Committee on Judiciary, Human Rights and Legal Matters, to go ahead with the probe of the crisis in the Judiciary by looking into the complaints raised in the petition by the Justices of the Supreme Court.
It also tasked the Committee to interface with the three arms of government, as well as at the Bar and on the Bench to collate aggregate views and positions on the short term, medium term and long term measures needed to decisively address the crisis facing the Judiciary.
The Senate said such measure must include the immediate fiscal intervention as well as long term and sustainable budgetary allocations, required for the optimal performance of the judiciary, in line with global best practices.
Bamidele noted that poor welfare of Judicial Officers would adversely affect the output of Judiciary in service delivery.
The ranking Senator said, “The Judiciary, which is the epicentre of the temple of justice, should be preserved by the Senate through appropriate legislative measures in order to safeguard this highly revered institution and prevent it from being ridiculed.”
According to him, the Committee, in taking steps to look into the matter as directed by the Senate President, has started the process of making arrangement to interface with relevant stakeholders both at the Bar and on the Bench.
He said that the resignation of Muhammad, on Sunday 27th June, 2022, “will not prevent the committee from going ahead with it’s assignment in the quest to find a probable lasting solution to the matter.”
The Senator said, “Even though Hon. Justice Tanko Muhammed has stepped down as CJN, most of the Issues raised by the Justices of the Supreme Court and other stakeholders within the Judiciary, still remain and need to be addressed urgently to prevent an eventual shut down of the Judiciary.”
Rights activists and legal experts are, however, of the opinion that the Senate which belongs to a separate arm of government, has no business, meddling in the affairs of the judiciary just as the bench could not dabble into the affairs of the parliament.
Those who spoke with THISDAY on and off the record, noted that the issue could better be handled by either the National Judicial Council, any of the anti-graft agencies or the Nigerian Police Force.
A former director of the State Security Service, who is a lawyer, Mr Mike Ejiofor said the Senate could hide under its oversight mandate to carry out the probe but expressed reservation over the eventual outcome of the exercise.
Ejiofor said, “The Senate can actually institute such probe in exercise of its oversight functions but I don’t have confidence in the outcome of its probe.
“This is because so many things happen when lawmakers embark on oversight functions. It could be a way of getting at the judiciary.
“We have the various anti corruption agencies.The NJC should start the probe and hand over the outcome of their efforts to the anti-corruption agencies for proper prosecution. I don’t think anything would come out of the Senate probe.
“The oversight activities of the legislature is usually not transparent and that’s why I don’t have confidence in what would be the outcome of the Senate probe.”
On his part, the Legal Adviser of the Peoples Democratic Party (PDP) in Kwara State, Mr. Michael Aborisade, also kicked against the planned probe of the ex-CJN by the Senate.
He said: “The Senate is merely embarking on legislative rascality because the issue on ground is outside the scope of their oversight functions.
“In the first instance, the Justices memo was addressed to the CJN not to the parliament. The Senate should have allowed the Judiciary to embark on the probe.
“Secondly, the allegations against the ex-CJN border on graft and not about contract award. Issues of contract award and execution is in the purview of the legislature not a case of graft against an official of government.
“The issues raised against the ex-CJN should be handled by the appropriate government agencies not the parliament.
Also reacting, a civil rights advocacy group, Human Rights Writers Association of Nigeria, has called on the National Judicial Council and the Code of Conduct Tribunal to probe the corruption allegations levelled against the Chief Justice of Nigeria, Tanko Muhammad, serving justices of the Supremes Court.
In a statement signed by the group’s National Coordinator, Comrade Emmanuel Onwubiko, in Abuja, HURIWA said the failure of the NJC and the CCT to investigate the allegations against Muhammad was tantamount to injustice.
It noted that a former CJN, Walter Onnoghen, was removed on a controversial note following allegations against him which were probed by both the NJC and the CCT.
On his part, Director of Administration and Programmes, Centre for Anti-corruption and Open Leadership (CACOL), Tola Oresanwo, on behalf of the Centre’s Chairman, Mr. Debo Adeniran, in a statement, called for the corruption allegations levelled against Muhammad to be thoroughly investigated by the Nigerian Judicial Council (NJC) and the Code of Conduct Tribunal.
The statement read inter alia, “We at CACOL would like to state expressly that all the allegations levelled against the outgone CJN should be thoroughly investigated by the Nigerian Judicial Council (NJC), the Code of Conduct Tribunal and the various anti-corruption agencies in the country, swift prosecution should as well follow and he should be punished if found guilty of any of the allegations so as to deter others.”
