In its August 30, 1999 edition cover story “Crooks on the Bench”, then high-flying The News magazine eventually unveiled the 47 judges indicted for judicial corruption and allied misconduct by the well-applauded Justice Obakayode Eso panel on the Reorganisation/Reform of the Judiciary. One of them was a high court judge in Cross River State. His name: Walter Samuel Nkanu Onnoghen. But providence, through Justice Bolarinwa Babalakin White Paper panel, saved his young career. He went on to lead the same judiciary. But somehow, another probe, terminated his reign and career at its twilight. Is it his kismet to end badly?
Despite the controversy of the reversal of a few indictments, the Eso exercise has remained the most deeply-affecting, in history, for the Judiciary. NJC, the panel’s gift to the Bench, as a bulwark against executive recklessness and rascality of that era, which is a child’s play to what is playing out now is the main reason the Judiciary is still functioning, even if not altogether functional.
Between then and now, there have been attempts at reforming the Judiciary, notably administratively and constitutionally. Under Dahiru Musdapher’s CJNship, there was a push to emulate America’s style of lifetime appointment to the apex bench. The supporting argument basically is the large turnover of CJNs in recent time. Save for Mohammed Lawal Uwais who spent about 11 years (1995 to 2006), most of his successors, had brief stay in office. In fact, his immediate successor, Salihu Modibbo Alfa Belgore, spent just seven months in office (June 12, 2006 to January 17, 2007). Musdapher’s push didn’t go far because of the suspicion he was trying to perpetuate self in office. There is also the poor working environment and conditions, which make Justices age fast with their compromised bodies, coming down easily with ailments, without discounting the usual practice of age falsification, primarily aimed at getting into the succession line for the CJN seat.
In his reform efforts, now-late Musdapher also attempted stinging corrupt judges. But there was no evidence anyone was caught by wired investigators. Obviously he didn’t implement, despite being passionate about moving from encouraging petitions against judges, to actually catching them in the act. Maybe his 11 months stay in office weren’t enough. He left behind ideas and ideals.
Since judiciary won’t sting its own, the Buhari bulldozer moved on the midnight of October 8, 2016, to further desecrate the already-violated temple of justice. Buhari administration didn’t seize the initiative to save the Judiciary, it was a coup against Southern Nigeria, which had been kept away from the CJN seat for 28 years. The rest is now for historians, as more facts are expected in years ahead.
Interestingly too, it was Onnoghen as CJN and chairman of NJC, the body created by the panel that recommended his career termination in the 1994 report when he was just five years on the Bench, that attempted, what is closest to the Eso panel, but only conception and conceptualisation. In November 2017, Onnoghen launched CONTRIMCO (Corruption and Financial Crime Cases Trial Monitoring Committee), better known in media circle as Looters’ trial panel. I can confirm the idea isn’t original to him, but he could have owned it, with greater courage. He also bungled the wholesale dissolution of the Council, suggested to him, to rid it of deadwood, including the “giant” that eventually “slew” him.
Justice Ayo Salami dealt CONTRIMCO the first blow, choosing to walk away from the leading the panel, after he had conveyed his assurances to the CJN. His late replacement, Justice Suleiman Galadima, lacked Salami’s name-recognition. After the takeoff sizzle, the committee fizzled. The planned partnership with anti-corruption agencies, to rid the system of the undesirables and fast track looters’ trials, didn’t quite materialize. But it wasn’t all tales of woes. NJC, under daily management of Gambo Saleh, gave the required support for success and some cases were admirably handled. But Salami’s withdrawal had taken away the soul of the committee. Onnoghen, should have gone for a matching personality. Galadima, though a retired Justice of the Supreme Court, didn’t have Salami’s star-power. Though it is within the prerogative of Salami to reject an opportunity to reform the Judiciary where he spent 35 years of his adult life, his decision to accept similar offer from the Executive in 2020, in what was seen as a design against one man, shows the 79 year-old, may never forgive the system, for how he unceremoniously left. The question is, ‘at what cost’?
Mariam Aloma Mukhtar, the first female CJN in history, also deserves a mention. She was all for judicial independence, due process and her brand of anti-corruption campaign. Mama no dey waste time. You transgress, you get whacked. She is thought as overbearing and unyielding but judges behaved under her. She fits the typical woman in power, who doesn’t want to be taken for granted by men.
The recent head-to-head BBC-hosted debate between Rishi Sunak and Liz Truss, gunning for Boris Johnson’s soon-to-be empty seat, was defined by what is called “mansplaining”, the act of man interrupting a woman. Aloma possibly knew about this concept before now. With her, you dare not.
This is recent history laid before Justice Ariwoola. How he wants to be remembered is his call. He can choose to go big and bold, or be incremental. Cumulatively, he has spent 30 years in the system, coming onto the Bench in November 1992. Yes, he was a Bench “toddler”, just a year and a month, when the Eso panel, was inaugurated in December 1993, but he has been part of the justice system since 1981, making his affair with judiciary, 42 solid years. He comes to his current and most difficult job so far, as experienced and familiar as they get.
Whatever route he chooses, he should not forget he went seeking this job. You don’t go screaming the man in the saddle isn’t doing it well as the number two, without expecting the possibility of the mantle falling on you. Just like the emilokan (it’s my turn) joke on the street now. The line I find most intriguing in the somewhat-melodious comical song is “e gbe kini yi wa” (bring this thing–the presidency). Did the original owner of the skit actually say that or just an improvisation, for concinnity? Political season is one of hilarity.
Let’s even concede Ariwoola is an unwilling CJN, found by fate, encouraged by colleagues. He must still do the job or get roasted. The Supreme Court he leads is wailing for a comforter, the bleeding judiciary he heads is in need of a competent physician and as the 30th anniversary of the Eso panel draws near, Nigerians will appreciate another sweeping reform to purge the system, in and out. It is Ariwoola’s turn, to make the right “noise”, possibly starting with the embarrassment, coming from the Akwa Ibom judicial division. Charity, they say, begins at home.
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The PDP spokesman recalled how the opposition party had on various occasions alerted that the APC government had ceded sovereignty over a large portion of our country to terrorists, “many of whom were imported into our country by the APC.”
He further stated: “From the video, in a brazen manner, terrorists as non-state actors boldly showed their faces, boasting, admitting and confirming their participation in the Kuje Prison break, some of whom were former prison inmates who were either jailed or awaiting trial for their previous terrorism act against our country.
“Nigerians can equally recall the confession by the Governor of Kaduna State, Mallam Nasir el-Rufai that the APC government knows the plans and whereabouts of the terrorists but failed to act.
According to Ologunagba, about 18,000 Nigerians have been killed by terrorists between 2020 and 2022 “as the criminals continue to be emboldened by the failures and obvious complicity of the APC and to which the PDP had always drawn attention.”
“This is not politics; this is about humanity and leadership, which leadership sadly and unfortunately is missing in our country at this time,” he said.
The PDP added that it is appalled by “the lame response by the apparently helpless, clueless and deflated Buhari Presidency, wherein it told an agonizing nation that President Buhari “has done all and even more than what was expected of him as Commander in Chief by way of morale, material and equipment support to the military…”
“This is a direct admission of incapacity and failure by the Buhari Presidency and the APC. At such a time, in other climes, the President directly leads the charge and takes drastic measures to rescue and protect his citizens.
“In time of adversity, the President transmutes into Consoler-in-Chief to give hope and succour to the citizens. Painfully, Nigeria does not have a President who cares and can stand as Consoler-in-Chief to the citizens.
“It has now become very imperative for Nigerians to take note and realize that the only solution to this unfortunate situation is to hold the APC government accountable. We must come together as a people, irrespective of our political, ethnic and religious affiliations to resist the fascist-leaning tendencies of the APC administration.
Ologunagba called for an urgent meeting of the National Council of State to advise on the way to go over the nation’s worsening insecurity.
“Our nation must not fall. The resilient Nigerian spirit and ‘can-do- attitude’ must be rekindled by all to prevail on the President to immediately and without further delay, accede to the demand by the PDP and other well-meaning Nigerians to convene a special session of the National Council of State to find a lasting solution since the President has, in his own admission, come to his wit’s end,” the PDP spokesman declared.
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Latest terrorist video: Presidency has admitted Buhari’s failure ― PDP
Latest terrorist video: Presidency has admitted Buhari’s failure ― PDP
and then