By Tosin Olatokunbo
Justice Ayodele Salami, a former President of the Court of Appeal has kicked against the extension of the retirement age of Supreme Court justices from 70 to 75 years, adding that most justices forge their age to remain in office.
The National Assembly is planning to amend the Constitution to allow Court of Appeal and Supreme court justices to stay in office beyond 70 years. The lawmakers are proposing 75 years in the new amendment to the 1999 Constitution.
But Justice Salami who was retired from office in controversial circumstances by former President Goodluck Jonathan, told the Nation that many judges are already too old to work, as they constantly go for treatment abroad to keep in shape. .
The retired justice said the present crop of justices in the higher court is too old and that they should leave to pave the way for young and vibrant set of Nigerians to be employed into the Bench.
Salami said “It’s understood that it’s being contemplated to raise the tenure of the Supreme Court justices and possibly those of the Court of Appeal to 75 years within the next couple of weeks. To be precise, before the end of March.The profession is ominously silent over it.
“I could remember that the same issue was brought up by the Senate during my screening for the President of the Court of Appeal which was persuaded by my reasoning.
“I contended that very few of us had birth certificates. Invariably we rely on declaration of age, which is generally inflated because they are inferred from incidences or occurrences the happening of which we were not sure of.”
He said many justices are unproductive, that increasing their age of retirement would be bad for the country.
He said: “So to be increasing age which is predicated on unsure parameters could be dangerous merely because their counterparts elsewhere retire at about that age without taking into account the faulty starting point.
“The living conditions in those countries as well as their health facilities are in no manner comparable with ours. Many of them are not healthy. They regularly travel abroad for treatment, and some of them forget easily in addition to memory challenges.
“In the circumstances, some of the justices would only be there as passengers to fulfill statutory conditions without ability to make meaningful contribution. This is a condition that could easily be exploited by dishonest members of the court.
“It’s my humble opinion that the present retirement age is adequate for any sincere hardworking member of the court. It’s not only consuming but also tasking emotionally, physically and mentally. There is a pool of qualified, experienced and healthier professionals from which vacancies created by their respective retirements can be filled.”
“We should have in mind their output at old age. The interest of the nation and not preference of the justices should be paramount on the minds of the senators. The employer and not the labourer determines the duration of the contract. It’s the people who make a constitution for themselves and not an institution thereof.”
Justice Salami was the Chairman of the Judicial Commission, set up by President Muhammadu Buhari to investigate Ibrahim Magu, sacked chairman of the Economic and Financial Crimes Commission, EFCC,
