A letter to my Lord, Hon Justice Ariwoola, Nigeria’s new Chief Justice

The Judiciary of any country is the pillar on which the democracy and survival of any country rests. This is so, because it is what the Judge says that is the law, that is actually the law, not necessarily what is expressly written in statute books. The power of interpretation of laws makes the Judiciary to be the most important arm of government. It can remove a President elected by the electorate. No one jokes with the Judiciary. Thus, the resignation and appointment of the head of the Judiciary of any country is usually greeted with huge public reactions. It is in this light that the announcement of the resignation of Hon. Justice Tanko Mohammed, (GCON) the immediate past Chief Justice of Nigeria, few days ago came as a shock to many Nigerians, considering the controversy surrounding the letter written by my Lord’s brother Justices regarding their welfare and the condition of the facilities at the Supreme Court. However, no one can begrudge my Lord for resigning on health ground. That is commendable and very rare in this part of the world. Do I say very un-Nigerian?

I welcome my Lord, Hon. Justice Kayode Ariwoola, the new Chief Justice of Nigerian, though in an acting capacity for now. It is my prayer that his Lordship’s tenure will be smooth and successful. It is no longer a secret that the Nigerian Judiciary, particularly the Supreme Court is facing a lot of challenges that have made it incapable of performing its constructional functions of delivery justice in a timely, simple and credible manner. For starters, I call upon my Lord, the new Chief Justice to quickly set up a team to investigate the complaints of his learned brother Justices. Judges are hardly heard but when they are heard, it is a sign that things might have really gone bad. To have the confidence of the Justices of the Supreme Court, the reasons for their grievance should be addressed and quickly too.

The administration of justice system in Nigerian is in dire need of urgent and far-reaching reforms. Cases spend decades at the High Courts before they are determined. Conflicting decisions of the various divisions of the Court of Appeal seems now the norm. The Supreme Court is overburdened with every kind of appeals which has now made the apex court look like a court of general jurisdiction. I was privileged to be part of the Nigerian Bar Association appointed amicus curiae in the case filed by the Honorable Attorney General of the Federation against the National Assembly and others, on the issue of political appointees not being allowed to vote and be voted for while in office, as provided for by the Electoral Act, 2022, The Judgment of the Supreme Court declining jurisdiction and striking out the case is welcoming. This is the reason I always advocate that the Supreme Court should only be a policy court and ought not to be bound by its earlier decisions on same issue, if the social realities of the time warrant it. Technicalities should have no place at the Supreme Court.

The Chief Justice, as the head of the National Judicial Council has an onerous duty to initiate and carry out reforms in the Nigerian Judiciary. Our judiciary is crying for reform. The appointment of Judges usually throws up controversies and outrage every time. Do we appoint our best into the bench? Why can’t only merit and competence be the guiding factors in the appointment process? Why must it be the Governors, Chief Judges, traditional rulers and political godfathers that nominate (though un-officially) persons fit to be elevated to the bench? What happens to the qualified aspirants but who have no godfather? A Judge that learns on the Job is a danger to the society; far more dangerous than a corrupt Judge; though both are mistakes on the bench. The NJC should bring back the old practice of having lawyers from the private bar elevated to the superior bench.  The Nigerian Bar association was requested by the Chief Justice of Nigeria to nominate qualified persons from the bar to fill up the vacancies at the Supreme Court. Few days ago, the National Judicial Council published a list of shortlisted nominees. All of the names shortlisted were Justices of the Court of Appeal. None from the NBA nominees was included; a list that includes distinguished Senior Advocates of Nigeria. We urge my Lord, to kindly look into this.

My Lord, it is often said that the bar speaks for the bench. This is actually a fact. However, it is important to also state that the bar can only effectively speak for a bench that is ready and willing to always partner with the bar in the business of ensuring smooth administration of justice. In a situation where the NBA demands that Judges must be respected and not disgraced, the Judiciary should not shy away in lending support. One wants to quickly forget the sad episode of the forced resignation of my Lord, the former Chief Justice of Nigeria, Hon. Justice Walter Onnoghen. It was a sad day for Nigerians. We trust that my Lord, the new CJN will stand firm with the Nigerian Bar Association to defend the rule of law and do justice to all without fear or favour.

Also of importance, my Lord, the conditions of service of judicial officers are terrible. Their salaries are abysmally poor while their workload increases. This is sheer inhumanity. While members of the Legislature and Executive regale in fleet of SUVs, pilot vehicles and heavy and most times, unjustified pay; Judicial officers in Nigeria  are left to the whim sand caprices of the Executive to determine what is due them. The agitation for financial autonomy for the Judiciary must be given more vigour during my Lord’s tenure.

I wish my noble Lord a smooth sail through this rough road.

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