Before the confirmation of Justice Ibrahim Tanko Muhammad as the substantive Chief Justice (CJN) of Nigeria by the Senate last week Wednesday, several questions were fired at him by senators to which he answered directly, indirectly or technically. Taiye Odewale reports.
Buhari’s communication to Senate
Justice Tanko Muhammad, before his appearance at the Senate in plenary eight days ago for screening and confirmation , has been serving in acting capacity as the CJN since January 25 this year when the then Chief Justice of Nigeria , Justice Walter Onnoghen, was suspended from office on alleged corrupt practices.
President Muhammadu Buhari had penultimate Thursday, forwarded to the Senate, a letter requesting for confirmation of Tanko Muhammad as substantive Chief Justice of Nigeria. The president in the letter of request said the nomination was sequel to the recommendation made to that effect by the National Judicial Council (NJC).
The letter titled: Appointment of Chief Justice of Nigeria reads “In accordance with Section 231 (1) of the constitution of the Federal Republic of Nigeria 1999 (as amended), which gives the president the power to appoint a Chief Justice of Nigeria on the recommendation of the National Judicial Council and subject to the confirmation of the appointment by the Senate. I have the honour to forward the nomination of Honourable Justice Ibrahim Tanko Muhammed for confirmation as Chief Justice of Nigeria.
“It is my hope that this request will receive the usual expeditious consideration of the distinguished Senate of the Federal Republic of Nigeria”.
Supreme Court and technicalities
Though the Senate, on the day of screening and confirmation of Tanko Muhammad as CJN, hurriedly went into closed door session for about 30 minutes, but questions later fired at the CJN during the exercise, showed that the closed door was not planned to prevent the drilling exercise from taking place.
One of such questions that seemingly took the CJN off balance was the one asked by the minority leader, Senator Enyinnaya Abaribe (PDP Abia South). In firing the question, Abaribe said:”The philosophy of the Supreme Court in 2018; Akeredolu verses Abraham, I can quote the Supreme Court, if you permit me. The Supreme Court said, ‘technicality in the administration of justice shutout justice and went further to say that it is therefore better to have cleansed head and determine on its merit than to leave the court with the shield of victory obtained on mere technicality’. This is Supreme Court. So we are very happy with that.
“But my Lord just a few weeks ago, the Supreme Court also said the correct order to make is to declare the judgement of the trial tribunal a nullity as a result of one of the panelists not sitting on a day proceedings were held and so, Nigerians are really worried where the Supreme Court be situated between the two conflicting judgements.
“Specifically, we would like to know from you what can be expected from the Supreme Court under you as regards where justice would be. What can we expect?
“Second part of my question is an advice your Lordship, the country is in very serious trouble and we all know and we see the courts as institution that will help us to be able to navigate out of the difficulties we are in today. My advice is that the Supreme Court under you must continue to put Nigeria first before any other interests, so that we can have a country because if we don’t have a country there would be no Senate, there would be no Supreme Court except a Somalia and we don’t want that?
‘Technicality as technical’
The CJN in his response to Abaribe’s question said:”Permit me to speak that technicality is something which is technical. By definition, it is something that is not usual, that may sometimes defy the norms known to normal things, it may be technical.
“We have technicalities in our laws and this is because these laws were inherited, we inherited them from the British. The British had some time ago introduced what is known as technicalities in their laws. If something is technical, it is in a way, giving a leeway for double interpretations. It may be interpreted one way by Mr A or it may be interpreted the other way by Mr B.
“If something technical comes before the court, what we normally do is the trial court will ask people who are experts in that field to come and testify. We rely on their testimonies because they are experts in that field.
“For example , ask me anything on aeroplane, I don’t know, ask me to fly an airplane I am sure if they told you that, that flight is going to be piloted by Tanko, I am sure you will jump out of the plane because it is something that requires technicality, my technicality is in law.
“Therefore, technicality is something that has to do with the perception of the way you think you can achieve the goals for what you want to achieve. Several of our laws are dependent on technicality. But remember when we came, we have what is known as rules of interpretation. We resort to rules of interpretation. There are several rules of interpretation. It is through that we resolve the problem that is technically raised. That is the answer”
Corruption in judiciary
But the CJN was more comfortable while fielding questions from the Deputy President of Senate, Ovie Omo-Agege, on corruption in the judiciary, by submitting thus: “As long as the judiciary is part of the Nigerian society which is already notorious for corruption, judicial officers are bound to be corrupt”
He, however, noted that corruption in the judiciary was worse in the lower courts, urging the legislature to embark on a holistic review of legislations governing the arm, with a view to making the laws more enforceable and punishment more stringent to deter offenders.
According to him, corruption was inbuilt in those who usually perpetrate acts of corruption, and that the situation would be curbed through legislative interventions in making new laws or reviewing existing ones.
He said: “talking about corruption in the society and the judiciary in particular, I always say that the Nigeria judiciary is part and parcel of Nigeria, therefore, I am not surprised if I see some judges who are corrupt but that such judges who are corrupt should be identified and prosecuted under our laws.
Lower courts replete with corruption
“Now the most worrisome of this trend is at the lower ebb of our judiciary. For those at the lower court that is, the magistrates, this is where the corruption arises. I was a magistrate, and we had a white man who was Chief Judge of our state; we inherited him. He will kill any trace of corruption but unfortunately it rubbed down on us and this eventually happened in all cases.
“Let me say generally that corruption is in built in the person who wants to be corrupted because if there is no corruption in an individual, there shall be no person who will be corrupted.
“Therefore, I am charging the legislature both at the state and federal levels to take a holistic look at our criminal laws. Let us amend them, let us take care of all the lapses in our laws. Let us provide adequately so that it will serve as guide to these anomalies. It is the duty of the legislature to sanitize the society.
Fund as hindrance
“Much as the judiciary would like to work but once we don’t have the fund because what is given to us is limited by law. But I believe the legislature at both federal and state levels have every power to legislate or to amend the existing legislations in this country.
“We had a white man who was a Chief Judge in Bauchi state, we inherited him from Maiduguri there is no way you will see any kind of anything like corruption. Unfortunately when it came down to us, this happens virtually in all the states. Now we started facing problems here and there.
“Therefore, I am urging members of the parliament, both here and at the state level if need be, to take a holistic look at our criminal laws and let us amend them. Let us take care of all these. Let us provide adequately so that it will serve to interpret the practices of this kind of things.
“We know there are laws alright but those who are all out saying, I am reading from far distance that what is there the law is not adequate for them, they will go and spend two years after all and they will come out and go and enjoy their Millions. Please it is the responsibility of the legislature to see that it sanitizes the society.
“Much as those in the judiciary will want to do their job but once we don’t have much to rely on, or where what is given to us is limited by law, certainly that is the end of it. There is nothing we can do. But I believe the legislature, either at the national level or at the state level, has every power to legislate or to amend the legal system through legislation to overcome this as a way of sanitizing the society.
“Gone were the days when we used to sleep with our two eyes closed in an open air space with your room opened, nobody will enter your room to come and do anything. I am talking of early 60s and I believe up to 1975, it was something like that. It can never happen again. It may be difficult for it to happen. We have to check ourselves because the problem is with us so we have to check ourselves. That is one of the ways we can sanitize the society”.
Financial autonomy the bane
On financial autonomy, he said: “what is keeping the judiciary aback is the lack of autonomy. We are not asking for anything more than what is provided in the budget. Believe me if you go to some states you will find out that the judiciary is denied even the normal monthly grants.
“They have houses, offices to maintain, and where they are collecting revenue they are not supposed to dip their hands into the revenue because their revenue must go back to the state.
“The federation will allocate something to you through the ministry or department but things are not as they used to be. It is, therefore, I think, the duty, the responsibility of the legislature at the national level and at the state level to see that we touch these places so that you close all the loose ends.
“It is my view that it is the legislature that can put things right, correct things, call a spade a spade. Go by prioritization of things. As judiciary, we don’t have any other way. What is the allowance of the Justice of the Supreme Court, his salary, what does it amount to? If I tell you, you will laugh.
‘But I cannot go begging or asking for something. The legislature, I am sure, has every right and every power to see that things are put right”.
He stressed further that the legislature as an arm of government, is more constitutionally positioned in facilitating the required reform in the judiciary than the judiciary itself when a question on the need for a bill for that purpose was asked by the Chief Whip of the Senate, Senator Orji Uzor Kalu (APC Abia North).
He said: “Nigerian judiciary is only one arm of government. We cannot on our own, except when we put heads together with the legislative and executive arms of government, come up with a vision or bill to that effect.
“Judiciary doesn’t talk, it only interprets and applies the law in serving justice to whoever deserves it”.
Lawan’s gavel
In his remarks, the President of the Senate, Ahmad Lawan, said: “having answered all the questions asked by our colleagues, I want to say that regarding the salaries and other packages of the judiciary, I don’t expect you to tell us the salaries of the judges which I think is so low but I want to say that you should keep it to yourself for us to find time to discuss it privately.
“We feel that the judiciary should be adequately remunerated, we are not going to discuss it in public but be rest assured that we are going to look into that as well as recommend five or six additional Justices to the Supreme Court”.
The screening exercise which started at about 11:45am , ended at exactly 1:15 pm, totaling two hours altogether and upon which appointment of the CJN, was confirmed.
