By Gideon Njoku
The just retired Supreme Court Justice, The Honourable Justice Musa Dattijo Muhammad, has lamented the non-representation of the South-east Zone of Nigeria in the Supreme Court.
In a mind-blowing speech he delivered during a valedictory to mark his retirement from the Bench after a 47-year journey in the Judicial Service, Justice Muhammad said that the exclusion of the Zone is deliberate. And, he put the blame squarely on the Honourable Chief Justice of Nigeria, CJN, Olukayode Ariwoola who, he also accused of brazen abuse of power.
He said the deliberate exclusion of the South-east is a result of the “absolute powers vested on the office of the CJN.” The present CJN, Ariwoola, he revealed, runs a one-man-show as he is not in the habit of consulting with his brother Justices. Ariwoola, he said, exercises absolute power, and absolute power, he reminded his audience, corrupts.
With his retirement, he said the Zone where he comes from, North Central, will suffer same fate as the South-east.
Jusice Muhammad: “My Lord Hon. Justice Ejembi Eko JSC, who also represented the Zone, (North Central), retired on 23rd of May, 2022. It has been a year and five months now. There has not been any replacement.
“With the passing of My Lord, Hon. Justice Chima Centus Nweze, JSC, on 29th July 2023, the South-east no longer has any presence at the Supreme Court. My Lord, Hon. Justice Sylvester Nwali Ngwuta JSC, died on 7th March 2021. There has not been any appointment in his stead for the South-east.”
The result, he said, is that only four geopolitical Zone – the South-west, South-South, North-West and North-East are represented in the Supreme Court. Each of those Zones have its full representation of three Justces. He lamented this strange situation and and submitted that “It is deliberate.”
His words: “Appropriate steps could have been taken since to fill outstanding vacancies in the Apex Court. Why have these steps not been timeously taken?
“It is evident that the decision not to fill the vacancies in the Court is deliberate. It is all about the absolute powers vested in the office of the CJN and the responsible exercise of same.”
The Supreme Court, as it stands today has only ten Justices instead of its full complement of 22.
He, also, called for the divestment of powers vested in the office of the CJN.
“As presently structured, the CJN is Chairman of the 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 Advocate 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.”, he said.
Justice Muhammad, JSC, bowed out on Friday, October 27, 2023.
