Supreme Court: 7 Key Things Retired Judge Musa Dattijo Said in Trending Speech
Justice Musa Dattijo Muhammad of the Supreme Court of Nigeria took a bow on Friday, October 27, after spending 47 years in marriage.
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The valedictory session, which was attended by the high and mighty, was yet to leave the media space even after the Justice bade his audience his farewell. It has been a while since a retiring judge made such a statement.
Below are seven highlights of the retiring judge's statements:
The absolute power of the CJN
Justice Muhammad criticised the concentration of powers in the hands of the CJN. He noted that though the CJN, the position he once occupied, has a deputy, lamented that the deputy CJN was not different from the position of the deputy governor, who would only be functional if the governor wanted him to.
He said:
“As presently structured, the CJN is Chairman of the National Judicial Council 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 Advocates 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."
Danger ahead for democracy
The retired justice also lamented the absent of judges from the north-central and south-east to represent the geopolitical zones on the bench of the Supreme Court in the country. According to him, there is no excuse enough for such instances.
He noted:
“When I exit today, the North Central zone that I represent ceases to have any representation until such a time new appointments are made. My lord Hon. Justice Ejembi Eko JSC who also represented the zone retired on the 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.”
Poor Salary of Justices
Justice Muhammad lamented poor salaries of justices of the Supreme Court, adding that it was not tenable for the registrar of the Supreme Court to earn more than the justices of the Supreme Court.
He said:
“Notwithstanding the phenomenal increases in the sums appropriated and released to the judiciary, Justices and officers welfare and the quality of service the judiciary render have continued to decline. It may interest one to know that the Chief Registrar of the Supreme Court earns more than the Justices. While she earns N1.2m per month, justices take home N751,000 in a month. The CJN on his part takes home #400,000 plus. The salary of a Justice, curiously, drops rather than increases when he gets the added responsibility of being a CJN.”
Unfair appointments in judiciary
The judge expressed displeasure with the recruitment process in the judiciary, adding that nepotism has taken over merit. According to him, unfair advantages were given to friends, mistress, family members over those who are competent enough to offer something meaningful.
He said:
"The judiciary must be uniquely above board. Appointments should not be polluted by political, selfish, and sectional interests. The place of merit, it must be urged, cannot be over-emphasized.
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"Public perceptions of the judiciary have over the years become witheringly scornful and monstrously critical. It has been in the public space that court officials and judges are easily bribed by litigants to obviate delays and or obtain favourable judgments."
Lawan, Uzodinma's victories at the court
Justice Muhammad also made allusion to cases of Governor Hope Uzodinma of Imo State and former President of the Senate, Ahmad Lawan.
He said:
"A number of respected senior members of the bar inter alia, citing the Ahmed Lawan, the former President of the Senate and the Imo Governorship appeals, claim that decisions of even the apex court have become unpredictable. It is difficult to understand how and where, by these decisions, the judicial pendulum swings. It was not so before, they contend."
Depletion of Justices
He lamented that the continued reduction in the number of justices would not cease to halt the judicial system.
Muhammad said:
“The conversation about the diminishing number of justices at the Supreme Court has become a refrain. As I bow out today, the number is further reduced to 10 against the Constitutional requirement of 21 justices. That this avoidable depletion has affected and will further affect the court and litigants is stating the obvious."
No Changes
“Valedictory session after valedictory session lapses and challenges that should be nipped are restated to no avail. Why the silence and seeming contentment?”
Source: Legit.ng