New Telegraph

Unease at Supreme Court

‘Letter by the jurists has exposed rot at Supreme Court’

 

AKEEM NAFIU writes on the dust generated by the protest letter written by 14 Justices of the Supreme Court to the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, over the ‘unpalatable’ state of affairs at the apex court

 

Not a few Nigerians were jolted with the unusual events of past weeks at the Supreme Court occasioned by the ‘historic’ protest letter written by 14 Justices of the apex court to the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad.

 

The letter, first-of-its kind, in the 58-year-old history of the Supreme Court outlined the operational challenges that have almost crippled efficient adjudication of cases in the court. The writers were led by the second most senior judge of the Supreme Court, Olukayode Ariwoola.

 

Others are; Justices Musa Dattijo Mohammed, Kudirat Motonmori O. Kekere-Ekun, John Inyang Okoro, Chima Centus Nweze, Amina Adamu Augie and Uwani Musa Abba- Aji. The rest are; Justices Mohammed Lawal, Helen Moronkeji Ogunwumiju, Abdu Aboki, Ibrahim Saulawa, Adamu Jauro, Tijjani Abubakar and Emmanuel Agim.

 

They said their action became necessary following the refusal of the CJN to address the issues despite drawing his attention to them. The aggrieved Justices noted that following the complaints that were raised at a March 2022 meeting “after several persistent requests to hold the meeting,” a “Welfare Committee” was set up to aggregate the issues. However, the Justices said: “Your Lordship (the CJN) received and ignored these demands since 24th March 2022″.

 

Issues discussed in the letter ranges from vehicles, electricity tariff, supply of diesel, Internet services to Justices’ residences and chambers, to epileptic electricity supply to the court. In the letter, The Justices drew the CJ’s attention to the issue of some of their colleagues who were sworn-in two years ago and are yet to be accommodated at the court.

 

On this, they said: “At the Justices meeting, we intimated your Lordship that some Justices sworn-in on the 6th day of November, 2020 were yet to be accommodated by the Court. “Your Lordship promised to take up the issue that day.

 

To date, Your Lordship has not taken any step in this direction”. The Justices also complained of the state of their official vehicles, saying “some of the vehicles supplied to the Justices are either refurbished or substandard”. On the issue of overseas training, the Justices accused the CJN of denying them the opportunity of travelling out with an assistant as it used to be under previous administrations. “We demand to know what has become of our training funds, have they been diverted, or is it a plain denial?” the justices queried.

 

“Since your Lordship’s assumption of office, Justices only attended two workshops in Dubai and Zanzibar. They were not accorded the privilege of travelling with accompanying persons as was the practice. “We find it strange that despite the upward review of our budgetary allocation, the court cannot cater for our legitimate entitlements. This is unacceptable”, the letter stated. The fourteen jurists also decried the lack of legal research assistants, despite the magnitude of cases being handled by them.

 

“We are confronted with various complex legal issues of national significance with the addition of timebound matters coming in between our regular court sittings. We require qualified legal assistants in order to offer our best. This demand has not been accorded any attention by the Honourable Chief Justice. “Healthcare has deteriorated with the Supreme Court’s staff clinic becoming a mere consulting clinic where drugs are not available to treat minor ailments. There is a general lack of concern for Justices who require immediate or emergency medical intervention”, the Justices said.

 

They also accused the CJN of withholding his assent to the “Rules of Court for almost three years, thereby slowing the Justices’ productivity in dispensing with cases”. They said the Court’s Rules will assist in speedy dispensation of justice. The Justices also lamented that they have been confined to work between the “hours of 8 a.m and 4 p.m daily, for lack of diesel,” through a memo by the Supreme Court’s Chief Registrar, Hajo Bello.

 

They added that, “the implication of this memo (on power shutdown) is that the Justices must finish their work and close before 4 pm. Your Lordship with all due respect, this is the peak of the degeneration of the Court; it is the height of decadence and clear evidence of the absence of probity and moral rectitude”.

 

While urging the CJN to act promptly on the issues raised, the Justices said: “We must not abandon our responsibility to call Your lordship to order in the face of these sad developments that threaten our survival as an institution. We have done our utmost best to send a wakeup call to Your Lordship.

A stitch in time saves nine”.

 

CJN’s response

Following the outburst by the 14 Justices in their protest letter, the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, responded through a statement issued by his spokesperson, Ahuraka Isah.

 

In it, the CJN addressed the wide-ranging issues, including nonprovision of diesel allowances for Justices, non-provision of equipped offices, accommodation, and the complete set of vehicles for new Justices appointed two years ago, among others. The statement titled; “Re: State Of Affairs In The Supreme Court And Demand By Justices Of The Supreme Court”, was dated 20th June, 2022.

 

It reads: “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. “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 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 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 has at least a legal assistance, except some may opt for more. One of the CJN’s legal assistance (now Justice Aina) was appointed to Abuja FCT High Court last month, while another (Barr Ramatu) died three months back.

Generally, the Judiciary is looking up to recruitment of more legal assistance and other supporting staff this year. “Besides, two Supreme Court Justices died within the period under consideration. Both the four retirees and the two departed cost the court some funds in the forms of gratuities and allowances. “Two weeks ago, eight Supreme Court Justices were nominated for a workshop in London as the court cannot take all of them there at once otherwise the job would suffer. They would be going in batches.

Accommodations are being gradually provided for the few that are yet to get. There is none of the Apex Court Justices without SUV and back up cars. If any of them were purchased but refurbished, the external and internal auditors are here in the court to take those that bought them up over it. “The high cost of electricity tariff and diesel are national problem.

 

The Chief Registrar might have budgeted for N300 per litre but diesel is now selling for over N700 per litre and therefore has to find a way around it without even bringing it to the attention of the CJN. But there is no way the generator would be put off if the Court is sitting.

 

“The amendment of court rules is on the process, it has to be critically reviewed to avoid conflict with the constitution and other extant laws. Not all the CJN has reviewed the rules in the past. Within the three years his brother Justices mentioned came the pandemic and the judiciary workers’ strike.

 

 

“The internet services have been restored to Justices’ residences and chambers, just as some allowances have been paid to them. The CJN held a meeting with his brother Justices last Thursday and another one is due to hold this week. The general public should be rest assured that there’s no hostility or adverse feelings amongst the Justices of the Supreme Court, as everyone is going about his normal  duty”.

Senate, NBA’s intervention

The Senate President, Ahmad Lawan, has mandated the Committee on Judiciary, Human Rights and Legal Matters to, as a matter of urgency, look into the crisis rocking the Supreme Court.

 

The Senate President directed the Committee to liase with the CJN in order to “find out what the real issues are and how the National Assembly can help”. In the same vein, the Nigerian Bar Association (NBA) has also called for fundamental reforms of the administration and governance of the judiciary. A statement signed by NBA President, Olumide Akpata, indicated that the judiciary must entrench the principles of accountability and probity in the manner in which it expends allocated resources.

 

Court case

Prior to the writing of the protest letter by the Justices, a Senior Advocate of Nigeria (SAN), Sebastine Hon, has dragged the Attorney General of the Federation (AGF), Abubakar Malami (SAN) and three others to the National Industrial Court of Nigeria over ‘poor salaries’ of judges.

 

The National Judicial Council (NJC), National Assembly and the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) were joined as co-respondents in the suit.

The plaintiff noted that the highest- paid judicial officer in the country – the CJN, currently earns about N3.4 million per annum, far below what is earned by such an officer in other countries. He argued that the current economic reality in the country requires that the salaries and allowances of the nation’s judges be urgently improved upon.

 

The silk who quoted what all judicial officers currently earn as provided under Part IIB of the Schedule to the Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) Amendment Act 2008, lamented that the paltry sums have discouraged him from aspiring to become a judge. In the meantime, efforts by the National Assembly for an out-ofcourt settlement has hit the rock over failure to rally parties involved together for the peace talk.

 

At the last hearing of the matter, one of the respondents, the AGF asked the court to dismiss the case, saying the plaintiff lacked the ‘locus  standi’ to initiate it. The presiding judge, Obaseki- Osaghae, has fixed June 28, 2022 as the date to hear the suit.

Lawyers speak

In the meantime, some senior lawyers have called for a thorough investigation of the crisis rocking the Supreme Court. The lawyers while baring their minds on the issue at the weekend expressed deep concerns at the crisis, saying it portends danger for the justice sector.

 

In his submissions, Prof. Ernest Ojukwu (SAN) said the situation is not only a positive development for the nation’s judiciary, but also good for open governance and democracy.

 

Ojukwu said: “The protest of the Supreme Court Justices presents an opportunity for the nation to reflect and take decisive action on the status of the judiciary in terms of its independence, financial autonomy, the process of appointment of judges as well as the competence and capacity of those appointed as Judges and Justices.

 

“Besides, it also present an opportunity to look into the welfare of judges, the neglect of our courts and its infrastructure, the massive corrupt practices of judiciary personnel and registries and lower court judicial officers, bribery and corruption of judges and the role of lawyers especially senior lawyers, the capacity and role of heads of courts, openness, transparency and accountability of the judiciary, the dead speed justice process and the loss of confidence in the judiciary.

 

“I strongly suggest that the nation should take the Justices protest seriously and investigate it. It is time to also dust the Justice Uwais report on judiciary reforms and take decisive actions to prevent the total collapse of the judicial arm of governance in Nigeria”. In his own reaction, another member of the Inner Bar, Mr. Ahmed Raji, said the demand of the Supreme Court Justices as contained in their protest letter must be addressed expeditiously. “These are unusual times, very strange and intriguing.

 

The system should urgently and most urgently listen to the cries of the Justices and indeed all judges. “It must have gotten to the tilt for the most conservative set of people to cry out. It must be addressed as quickly as yesterday before it gets out of control which can prove too damaging to the entire system. “It is very strange, a system where  an ordinary Director in an Agency of the Federal Government earns more than the combined salaries of 10 Justices of the apex court.

 

“And what about the private sector, most especially the banks, where a Managing Director earns more than the combined salaries and emoluments of all the Justices of the Supreme Court”, Raji said. Reacting to the development at the Supreme Court, Chairman of the Body of Benchers, Chief Wole Olanipekun (SAN), said that a Committee has been set up to work to improve the welfare package for judicial officers in the country.

 

Olanipekun said: “We held an emergency meeting last week Tuesday and for now, we have set up a Body of Benchers Judiciary Advisory Committee. It will be a standing committee of the Body of Benchers and the Chair of the Committee is Justice Mahmud Mohammed, former Chief Justice of Nigeria. “I am a member and the Vice Chairman of the Body of Benchers is a member and four others. We are swinging into action. We are talking to parties concerned, individually and collectively.

 

“For now, we are advising that they should sheath their swords. The immediate objective of the Committee is to resolve the impasse while the ultimate objective is to work out an acceptable package for judicial officers all over the country, particularly judicial officers in superior courts. “The Committee would work to improve the welfare package for judicial officers in the country”.

 

In his own reaction, Executive Director of the Civil Society Legislative Advocacy Centre (CISLAC), Auwal Rafsanjani, said the notion of corruption in the judiciary is one of the reasons members of the public does not have confidence in the courts anymore. “If you don’t have money, psychologically, you think that you won’t have justice and fair trial if you got to court.

 

“When you hear issues of lack of accountability in the judiciary, it is a clear indication that all is not well”, he said. On his part, Executive Director of Centre for Social Justice (SCJ), Mr. Eze Onyekpere, said there was nothing special about the protest letter of the Supreme Court Justices because the judiciary is not immune to the cancer of corruption in the country.

 

*Additional report by Tunde Oyesina

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