A retired justice of the Supreme Court, Musa Muhammad said primordial sentiments have become the criteria for appointments into the judiciary.
Muhammad stated this yesterday in Abuja at a valedictory court session held in his honour after attaining the statutory retirement age of 70.
Muhammad, who spent 47 years in the judiciary arm of government, lamented that appointments into the bench has been bastardised as merit and other sound criteria are being jettisoned.
“Considering the number of years I have spent in judicial service and the position I have attained by the grace of the Almighty, I feel obligated to continue the struggle for reforms for a better Judiciary and would be leaning on the earlier submissions of those who had exited before me.
“A couple of years ago, appointment to the bench was strictly on merit. Sound knowledge of the law, integrity, honour, and hard work distinguished those who were elevated. Lobbying was unheard of. I never lobbied, not at any stage of my career, to secure any appointment or elevation. As much as possible the most qualified men and women were appointed. That can no longer be said about appointments to the bench.
“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-emphasised. 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.
“Recently, fresh allegations have been made that children and other relatives of serving and retired judges and justices are being appointed into judicial offices at the expense of more qualified candidates lacking in such privilege and backing. It is asserted that the process of appointment to judicial positions is deliberately conducted to give undue advantage to the ‘children, spouses, and mistresses’ of serving and retired judges and managers of judicial offices. At the Court of Appeal, it is also asserted, presiding justices are now being appointed out of turn,” he said.
CJN wielding enormous power dangerous
The retired judge also noted that the judiciary vests so much power in the chief justice of Nigeria to the extent that he takes decisions unilaterally.
“The CJN is chairman of the National Judicial Commission (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), and 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.”
He contended that a person with absolute powers corrupts easily and absolutely.
“As chair of NJC, FJSC, NJI and LPPC, appointments as council, board and commitment members are at his pleasure. He neither confers with fellow justices nor seeks their counsel or input on any matter related to these bodies. He has both the final and the only say.
“The CJN has power to appoint 80 percent of members of the council and 60 percent of members of FJSC. The same applies to NJI and LPPC.
“Such enormous powers are effortlessly abused. This needs to change. Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country,” he added.
Supreme Court bench skewed toward southeast
Speaking on the current composition of the bench of the apex court, the judge blamed the refusal to fill the vacant slot of southeast on absolute powers vested in the office of the CJN.
“My lord Hon. Justice Ejembi Eko JSC who also represented the zone 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 JSV died on 7th March 2021. There has not been any appointment in his stead for the South East. “As it stands, only four geo-political regions – the southwest, south-south, northwest and northeast – are represented in the Supreme Court.
“While the south-south and northeast have two serving justices, the northwest and southwest are fully represented with three each.
“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,” he said.
On membership of the panel that heard the presidential election appeals by candidates of the Peoples Democratic Party (PDP), Mr Atiku Abubakar and the Labour Party (LP), Mr Peter Obi, the judge said: “To ensure justice and transparency in presidential appeals from the lower court, all geo-political zones are required to participate in the hearing.
“It is therefore dangerous for democracy and equity for two entire regions to be left out in the decisions that will affect the generality of Nigerians.
“This is not what our laws envisage. Although it can be posited that no one expected the sudden passing of Hon. Justice Nweze JSC, yet, it has been two years and seven months since the previous justice from southeast died and no appointment was made.”
Supreme Court registrar earns higher than CJN
On funding and independence of the Judiciary, the retired JSC said the budgetary allocation for the judiciary increased from N70 billion in 2015 to N165 billion currently but the welfare of justices and officers has not improved.
“The chief registrar of the Supreme Court earns more than the justices. While she earns N1.2 million per month, justices take home N751, 000 in a month.
“The CJN, on his part, takes home N400, 000 plus. The salary of a justice, curiously, drops rather than increases when he gets the added responsibility of being a CJN.
“The unjust and embarrassing salary difference between the justices and the chief registrar remain intriguing, to say the least.”
