Updated: Senate confirms Mohammad as substantive CJN

…CJN admits corruption in judiciary, urges legislative interventions in reformation

…Reels out impediments to judicial independence

Tunde Opalana, Abuja

The Senate on Wednesday confirmed Justice Ibrahim Tanko Mohammad as the new Chief Justice of Nigeria (CJN). His confirmation came after about a 90 minutes screening exercise by senators at plenary.

He pronounced the projection of the judiciary to greater heights as his priority and during the exercise, Justice Mohammad told the Senate that financial autonomy was part of the impediments facing the judiciary and sought the intervention of the legislature in reforming the system through amendments of some statutes and laws.

Justice Muhammad said the judiciary is always at the mercy of the other arms especially the executive.

He said: “The judiciary is at the mercy of what the executive gives us. We will never go cap in hand begging for anything because I don’t want anybody to come to me a begging. The judiciary will not go a begging.

“We are not asking for anything. Let us be given what is due to us. But, when we have the opportunity like the one you provide for me today, I will bring to the fore some of the problems causing stumbling block to the judiciary.

“As time goes on we may be coming to you to tell the legislature the problems we have. We will bring proposals for the amendment of some of our laws.”

He, therefore, called on the National Assembly to help strengthen the judiciary by amending existing laws to create room for a vibrant judicial system.

Reacting to an observation raised by Senator Opeyemi Bamidele (Ekiti Central) that the corruption perception index of the judiciary in Nigeria is not encouraging, the chief justice admitted element of corruption in the judicial arm.

Justice Muhammad said that “corruption has become part of our system and the judiciary is part and parcel of the corrupted. I am not surprised to see some justices corrupt. Corruption affects the lowest ebb of the court. It happens more at the lowest ebb.

“Corruption is inbuilt in the person who wants to be corrupted. If there is no corruptor, there will not be a person to be corrupted.

Therefore, I am urging that we take a holistic look at our criminal laws to amend them. It is the responsibility of the legislature to ensure it to sanitise the society.

“I believe the legislature at the federal and state levels have power to legislate or amend the laws to criminalise corruption.

In my view, it is the legislature that can put things aright and call a spade a spade.”

Answering Sen. Enyinnaya Abaribe’s question on adoption of technicality of law in determining cases by the Supreme Court, Justice Mohammad said technicality defiles other norms in law.

He said several of Nigerian laws depends on technicality, but courts can resort to rules of interpretation through issues are resolved, asserting that “technicality gives leeway for double interpretation.

What we normally do in such situation at trial courts is to ask experts to come and testify.”

At exactly 1.15 pm, Senate President, Ahmad Lawan asked Justice Mohammad to take a bow after senators unanimously approved his confirmation.

The Senate, thereafter, at 1.20 pm confirmed his appointment and pronounced him chief justice of the federation.