Why CJN Muhammad abruptly resigned

By Andrew Orolua

The Chief Justice of Nigeria (CJN), Tanko Muhammad on Monday abruptly resigned from the bench citing ill- health amidst protest and allegations of uncaring attitude levelled against him by all the 14 justices of the apex court.

President Muhammadu Buhari accepted his resignation and swore in the most senior Justice Olukayode Ariwoola as the Acting Chief Justice of Nigeria.

Justice Ariwoola was born on August 22, 1958 and would serve on Supreme Court bench till August 22, 2028 when he will clog 70 years.

Former Justice Muhammad had replaced Justice Walter Onnoghen in 2019 as the Chief Justice Nigeria after Onnoghen was removed from office following his arraignment before Code of Conduct Tribunal on misconduct for which he was convicted.

Though, Justice Muhammad cited ill-health as his reason for leaving the office, Daily Times gathered that he had had a drawn out battle with his colleagues Justices of the Supreme Court for a very long time which made them refuse to attend meetings called by him last week.

The justices: Olukayode Ariwoola, Musa Dattijo Muhammad, M. O. Kekere-Ekun, Inyang Okoro, Chima Centus Nweze, Amina Adamu Augie, Uwani Abba Aji, Lawal Garba, Helen M. Ogunwumiju, Abdu Aboki, I.M.M. Saulawa, Adamu Jauro, Tijjani Abubakar and Justice Emmanuel A. Agim had in a lengthy internal memo accused the CJN Muhammad of denying them their welfare.

In March this year, the 14 Justices of the Supreme Court wrote CJN Muhammad over his uncaring attitude in the affairs of the Supreme Court.

The memo which details the justices’ grievances also complained bitterly about the abrupt stoppage of their oversea training and a memo signed by the Chief Registrar Mrs Hajo Sarki- Bello which directed that generator light would be switched off by 4 pm in the Supreme Court each day.

The justices’ grievances which were treated as rumour were confirmed in CJN Muhammad response issued by his Special Assistant on Media and Communication Ahuraka Yusuf Isah.

Though, Justice Muhammad denied that he was in disagreement with Justices of the Supreme Court, his response confirmed that his leadership had failed to meet up with standard left by his predecessors.

In the official reaction made public on last week Tuesday, the CJN admitted that the Supreme Court like any other establishment in the country has been hit by a devastating economic crunch.

As a result of the economic crunch, the CJN said that the leadership of the court under him could no longer meet some of its obligations to Justices, especially in the area of welfare.

He however said that the memo sent to him by the aggrieved Justices notwithstanding, there is no rift between him on one side and the Justices of the court on the other side.

The statement read in part: “The Chief Justice of Nigeria, Hon Justice Ibrahim Tanko Mohammad would wish to confirm receipt of letter written and addressed to him by his brother Justices of the Supreme Court Bench.

“Judges in all climes are to be seen and not heard, and that informed why the CJN refrained from joining issues until a letter, said to be personal, is spreading across the length and breadth of the society.

“This was akin to dancing naked at the market square by us with the ripple effect of the said letter. 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, DailyTimesNGR gathered.

“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 period of 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.

“The accusation so far, in summary, is that more or all ought to have been done and not that nothing has been done; which is utopian in the contemporary condition of our country.

“Before eight new Justices were appointed in 2020 onto the Apex Court bench, there was no additional budget to provide new chambers with an equipped library, legal assistance, residential accommodations and logistics for them.

“The Apex Court has to make do with the resources at its disposal to meet their needs over time. All the Justices of this Court have at least a legal Assistant, except some may opt for money.

The retiring Justice Muhammad, who was born on December 31, 1953, hails from Doguwa, Giade Local Government Area of Bauchi State.

He attended primary school at Giade Primary School from 1961 to 1968.

He proceeded to Government Secondary School, Azare from the year 1969 to 1973.

He then proceeded to Abdullahi Bayero University College, Kano for his IJMB from 1975 to 1976. After successful completion of his course, he got admission to read Law at Ahmadu Bello University, Zaria from 1976 to 1980.

He attended Nigerian Law School from 1980 to 1981.

In furtherance of his educational career, Justice Muhammad went back to the prestigious ABU, Zaria for his Master’s Degree in Law (LLM) on a part-time basis, from 1982 to 1984.

Between 1987 and 1998, he went back to ABU, Zaria to obtain Doctorate Degree (PhD) in Law, also on a part-time basis.

Meanwhile, the Nigerian Bar Association (NBA) has stated it received the news of the resignation, on grounds of ill health, of the Chief Justice of Nigeria, Honourable Dr. Justice Ibrahim Tanko Muhammad, CFR.

In a statement signed by its President, Olumide Akpata, the NBA thanked His Lordship “for his lengthy service to the nation, and wish him quick recovery even as we pray for a well-deserved peaceful retirement.

“In the course of previous publications and communications, I have consistently appreciated the outgone Chief Justice of Nigeria for the cordial working relationship between the Bar and the Bench under our respective administrations.

“| must do so again today as he bows out. It is however impossible, to consider His Lordship’s retirement in isolation of the recent unprecedented developments at the Supreme Court where 14 Justices of the Court censured the outgone Chief Justice of Nigeria over His Lordship’s handling of their welfare and related issues.

READ ALSO: 2023: I’m still searching for my running mate – Tinubu

“Beyond this, there is near universal agreement that public confidence in the Judiciary and indeed the legal profession is at an all-time low. There is now more than ever the need for urgent reforms in the Judiciary and to rebuild the almost dissipated confidence that Nigerians have in the Judiciary and the wider legal profession in Nigeria.

“These should form the immediate first tasks for Honourable Mr. Justice Olukayode Ariwoola, who is expected to now take over as the Acting Chief Justice of Nigeria.

“The NBA welcomes the appointment of Honourable Mr. Justice Olukayode Ariwoola and pledges its readiness to work together with His Lordship and the Judiciary in cleansing the Augean Stable and addressing the ills that have continued to plague not just the Judiciary but the entire legal profession”.