As CJN Ariwoola Retires from the Bench Next Week…

Chief Justice of Nigeria, Justice Olukayode Ariwoola, who is bowing out of the Bench on August 22, 2024, has been able to turn around for the better the judicial arm of government during his two-year tenure, writes Alex Enumah.

Come Thursday, August 22, 2024, Justice Olukayode Ariwoola would bow out of office as Chief Justice of Nigeria (CJN) and by extension the Supreme Court of Nigeria and the nation’s judiciary. Ariwoola would be leaving the office of the CJN after two years of manning the helms of affairs at the country’s third arm of government and 13 years on the bench of the apex court in Nigeria.

No doubt, for Ariwoola, August 22, would be a remarkable day in many respects. First, is the attainment of the glorious age of 70, and also the honour of a well deserved valedictory court session which eluded his two immediate predecessors; Justices Walter Onnoghen and Ibrahim Muhammad. However, his greatest joy is the fact that he achieved his goal and dream of ensuring that the apex court for the first time attain its full complement of 21 justices.

For the apex court and the judiciary, Ariwoola’s valedictory court session would be ending what would have become a bad omen of not celebrating justices who had given their all not just in the service of humanity but, in representing the Almighty God in the aspect of justice dispensation. The apex court did not hold any valedictory court session for Justice Onnoghen in 2019, after he tendered his resignation, two years to the retirement age of 70 years. Similarly, Justice Muhammad who coincidentally resigned two years to his retirement was also denied any valedictory service.

Although, it has not been established, but it is believed that the same corruption allegations that took Onnoghen out of office might have also dealt with his successor, Justice Ibrahim Muhammad, who had voluntarily resigned from office, citing health ground. Unlike Onnoghen’s case when the allegations of corruption came from outside the Judiciary, that of Muhammad was from 14 of his colleagues on the same bench at the apex court. Their allegations were contained in a form of protest letter wherein they complained about the non-availability of basic amenities both in their chambers and homes, which according to them was capable of shutting down activities at the apex court.

But, Ariwoola could be said to be lucky to have survived similar corruption allegations as well as pressure placed upon him by some lawyers and civil group to resign from office over the appointment of his relatives to the bench and National Judicial Council (NJC). Besides allegations of nepotism and corruption, pressure also came from politicians who had claimed that the outgoing CJN, would be loyal to the then candidate of the All Progressives Congress (APC) in the 2023 presidential election, Asiwaju Bola Tinubu. Recall that when the appeal against the judgement of the Presidential Election Petition Tribunal got to the apex court, Ariwoola despite being the number one justice and with years of electoral jurisprudence recuse himself and allowed other justices to hear and determine the appeal.

From the moment he assumed office as CJN in October, 2022, Justice Ariwoola did not hide his intention to redeem the battered image of the judiciary. He had on several occasions charged stakeholders in the justice sector to ensure fairness, equity and the rule of law prevail at all times. Ariwoola had severally warned that his administration “will not condone any act of recklessness, abuse of power and public trust”. He usually advised judges to see their jobs as a rare privilege not only to serve but to also give a good account of themselves.

“Trust is a burden and you must discharge it with utmost sincerity, honesty and transparency, because conscience is an open wound healed only by truth. You must rise and operate above every sentiment that might play out in the course of your adjudication in the various tribunals. There is no doubt that temptations, tribulations, intimidations and even sheer blackmails may be unleashed on you but as thoroughbred Judicial Officers, you must guide your loins to rise above them and do what will earn you accolades from your creator and also from the court of public opinions”, he had once charged judges.

In putting words to action, Ariwoola had through the NJC investigated reported cases of corruption against judicial officers and meted out sanctions to justices found culpable.

He also summoned some heads of court over the menace of conflicting and contradictory court orders by judges of coordinate jurisdiction in the wake of the Kano emirship tussle. Unfortunately however, he is yet to do anything to curb same in Rivers State.

Besides the desire to see an effective and efficient justice system, Ariwoola had a strong desire to ensure that in his time the bench of the Supreme Court attains the constitutional provisions of 21 Justices.

At a special court session to mark the opening of the 2023/2024 legal year, the outgoing CJN had vowed to break the jinx over the realization of the composition of 21 justices on the bench of the Supreme Court. In his remarks, Ariwoola had assured that he would do everything possible to ensure that the apex court attains its full compliment of 21 justices before he retires. As at the time, the CJN made the statement, the bench had depleted to as low as 10 Justices including Ariwoola. Even at its full complement the bench is still overworked with huge number of cases in their dockets, owing to the litigious nature of Nigerians, who must take every case up to the Supreme Court.

While observing that efforts were made by his predecessor to increase the number but was unsuccessful, he disclosed that, “As soon as I assumed office on the June 27, 2022, I immediately got down to work on this urgent and immediate need in particular.

“Though we have not gotten them on board yet, I can convincingly assure the litigant public that within a very short while, the Supreme Court of Nigeria will, for the very first time in its history, get the Constitutionally-prescribed full complement of 21 Justices.

“That is one of the legacies I have been working assiduously to leave behind as it now seems that the Court has been somewhat ‘jinxed’ from meeting its Constitutional requirement since that piece of legislation was enacted several years ago”, he said.

This dream eventually came through on February 26, 2024, when the 11 justices recommended to President Tinubu for appointment took their oath of office. Recall that the NJC under the Chairmanship of Justice Ariwoola had in December last year recommended their appointment.

Among the 11 Justices were Justice Haruna Tsammani, who presided over the five-member panel of the 2023 Presidential Election Petition Court and Justice Stephen Jonah Adah, a member of the panel. Others included Justice Jummai Sankey, Justice Chidiebere Nwaoma Uwa, Justice Chioma Egondu Nwosu-Iheme, Justice Moore Aseimo A. Adumein, and Justice Obande Festus Ogbuinya

The rest were Justice Habeeb Adewale O. Abiru, Justice Jamilu Yammama Tukur, Justice Abubakar Sadiq Umar and Justice Mohammed Baba Idris.

The last time the court got close to achieving its full complement was in 2020, when eight justices were elevated from the Court of Appeal to join 12 other justices on the bench of the apex court to make it 20.

So, as Ariwoola leaves office on August 22, if he has not made any recommendation for appointment to fill his soon to be vacant seat at the apex court, his successor, Justice Kudirat Kekere-ekun, who is today the most senior Justice next to Ariwoola, should as a matter of urgency make one to sustain the legacy of full complement of the apex court’s bench.

Former President Muhammadu Buhari had in June 2022, appointed Ariwoola as acting CJN, following the resignation of then Justice Ibrahim Muhammad, on health grounds. He became substantive CJN in October, 2022, after his confirmation by the Senate. He became a Justice of the Supreme Court (JSC) in  2011,  after spending six years at the appellate court.

Born August 22, 1954  in Iseyin, Oyo State, Ariwoola went to the Local Authority Demonstration School, Oluwole in Iseyin Local Government Area of Oyo State, for his primary education. He then proceeded to Muslim Modern School in the same town from 1968 to 1969 and later attended Ansar-Ud-Deen High School Shaki, Oyo State where he completed his High School.

The 1980 law graduate of the University of Ife (now Obafemi Awolowo University) was called to the Nigerian Bar and got enrolled at the Supreme Court of Nigeria as a Solicitor and Advocate in July 1981.

He started his career as a State Counsel on National Youth Service Corps (NYSC) at the Ministry of Justice, Akure, Ondo State and later as a Legal Officer in the Ministry of Justice, Oyo State until 1988 when he voluntarily left the State Civil Service for private practice. He had worked as Counsel in Chambers of Chief Ladosu Ladapo (SAN) between October, 1988 and July, 1989 when he established Olukayode Ariwoola & Co – a firm of legal Practitioners and Consultants in Oyo town in August 1989 from where he was appointed in November 1992 as a Judge of Oyo State Judiciary, before his elevation to the appellate court in 2005, and Supreme Court in 2011.