The jury

Ariwoola: The unauthourised story by associates

LANRE ADEWOLE, YEJIDE GBENGA-OGUNDARE and SUNDAY EJIKE speak to what people are saying about judiciary’s new sheriff.

On Monday, Nigerians and the rest of the world, woke up to a new reality in the nations’s jusdiciary. Two classmates at the Nigerian Law School of Class ‘81, swapped the position of the Chief Justice of Nigeria. While Justice Ibrahim Tanko Muhammed, who was the head of the judiciary in the last three years, stepped down due to failing health, his deputy at the National Judicial Council and Nigeria’s most senior judicial officer, Justice Oluwakayode Ariwoola, was sworn in by the federal appointing authority; President Muhammadu Buhari as the Acting Chief Justice.

Considering the developments at the Supreme Court of Nigeria, which preceded the sudden but not shocking exit of the immediate CJN, the Nigerian public is still in the process of processing the new man beyond his advertised bio-data and what he is likely to bring to the job.

One fact sticking out of the mini civil war at the apex court, which eventually consumed the former CJN, is that the Acting CJN, could be dramatic and radical when situations call for it. Despite being the most senior justice of the apex court and deputy to Tanko at NJC, he joined 13 other justices of the court, to protest alleged maladministration, insensitivity and poor accountability on the part of the then CJN instead of playing establishment. It shows that he can always be his own man, irrespective of circumstances.

Conversely, this attribute can also be deemed a rebellious disposition towards constituted authority, but the fact that the justices’ uprising against Justice Tanko has been widely applauded as a crusade for what is just and right, is likely to have the public ratings of the participants remain positive, especially the new man, who has emerged as the biggest beneficiary of the rebellion.

Without doubt, considering the special circumstances of his ascension, all eyes would be on the new CJN as Nigerians and the rest of the world try to decode his personality, philosophy, his worldwide and his perception of the essence of justice, which from his outing so far, can be described as a tool for redressing injustice.

Those who know him intimately have also been speaking.

In an exclusive disclosure to The Jury, a Senior Advocate of Nigeria, Chief Yomi Alliyu (SAN), who says he has known the new CJN for close to 37 years, as a friend and neighbour, opened up on what Ariwoola’s belief systems are.

Despite being friends, the senior lawyer revealed that in a particular murder case, his client’s death sentenced was confirmed by Ariwoola, in an appeal, against the ruling of the lower court.

“I have known him since 1985, that is about seven years before he became a judge of the High Court of Oyo State. We lived in the same area too. I appeared with him and before him.

“His Lordship is a liberal judge in not adhering slavishly to the rules but using same to achieve justice. Justice Ariwoola cannot be swayed by crass technicality.

“In a murder case that I argued before him where the person who identified the corpse was not called and thus making the identity of the person killed questionable, My Lord still confirmed the death sentence of my client using other evidence since the man actually died.

“Quest for justice has always been his mantra. He is neither a conservative nor a total leftist. He could be left of the right or centre of the left. In either way, he believes the law must be used to attain justice no matter what” he stated.

Another close associate, Chief Niyi Akintola (SAN), says the new Acting CJN, could be very unassuming, which makes people underrate his kind.

Akintola however said Ariwoola has radical tendencies.

He said, “I have known him for many years and have appeared before him on many occasions at different levels of court he has been. Even last week, I still appeared before him.

“He is a brother from Oyo State. He was in the Ministry of Justice until 1988. He was a boss to my wife. He is quiet and easy-going . Very unassuming, very conservative. He is not flippant, doesn’t talk much, highly-religious and is a family man.

“As regards his judicial beliefs or bent, he is open to reform. He has delivered a lot of landmark rulings, starting from when he was on the High Court Bench.

“Despite being close to him, he has ruled against me in several cases, which is normally for someone who has had a considerable period of practice, and that is not even an issue in this context.

“Though a conservative who is perfectly cut out for the job, he is also an activist and occasionally toes the line of the radicals, but he is a very thorough judge, with many landmark rulings.”

How he should lead

Chief Alliyu also has a word of advice for the new leader of the judiciary. He wants him to be reform-minded and change the justice system landscape in a dramatic way.

He urged him to sanitise the Supreme Court by ensuring that the quality of judges adjudicating on cases, has the prerequisite experience the highest bench requires.

Wishing him “a successful tenure free of rancour and blackmail”, the senior lawyer wants an urgent remedy to the way the business of the apex court is currently conducted.

According to Alliyu, Justice Ariwoola is expected to bring to an end the practice of over-populating the Supreme Court with judges who never had appellate practice but rather rose from magistrate courts, thereby leading to public service judgments.

“The first task before him is to bring experienced private practice practitioners to the Supreme Court bench to allow for cross fertilisation of ideas and anti-establishment judgments as done in the time of Justices (Olawale) Elias, (Kayode) Eso, (Chukwudifu) Oputa and Nnamani of the golden age of the Supreme Court!

“For the second time in half a decade, we have Justices from the private Bar becoming Chief Justices of Nigeria. The last being My Lord Justice Onnoghen.

“For many years from the time of My Lord Justice Mariam Mukhtar, Justice Kayode Ariwoola, popularly called “Ariwoooo” by the Governor of Ondo State, Arakunrin Akeredolu, has been the power house of the Supreme Court in terms of following the principle of stare decisis to letter and sound principles of law for the good of the society.

“He led the Supreme Court; and in fact, wrote the leading judgment; in dismantling the hitherto finality of the judgement of the National Industrial Court surreptitiously put in the Constitution by the erstwhile powerful president of that court,” Alliyu said.

He added that from his years of practice in both the public and private Bars, the Acting CJN is expected to look closely at the operations of the apex court with a view to bringing it in tandem with the modern day apex Court as obtainable in other climes.

“There is no reason cases should spend close to between eight and 15 years before being heard. I have a land matter which briefs have been filed since 2008 still pending at the Supreme Court. In that wise the rules of the Court must change. Briefs should be enough to decide appeals.

*Afterall 95 per cent of the appeals are argued within five minutes of identifying the briefs by simply saying, “I adopt and rely on my brief!” Cases going to Supreme Court can also be limited to those without concurrent findings by the High Court and Court of Appeal.

“Justices of the courts could also be grouped into divisions like commercial, land, constitutional, labour, criminal and human rights with five justices manning each of the divisions. This will necessitate appointment of justices and conversion of some offices which are utterly underutilised, into courts, if new courts cannot be built on the large expanse of land left undeveloped for years at the Court,” he urged.

For Chief Akintola, Ariwoola’s mandate is well cut out for him, considering how he got into office.

He said, “His mandate, of course, is well cut out for him, being one of the signatories to the memo against his predecessor-in-office, who is also his mate at the Law School, (the 1981 set), complaining about what the former man, was not doing right.

“He must ensure there is no communication gap between himself and his colleagues, bearing in mind that they are all equals. The CJN is a primus inter pares. The Supreme Court is a court of justice, designed for equality, harmony and peace. He should note that and be very open to his colleagues” he reasoned.

A constitutional and human rights lawyer, Chief Mike Ozekhome (SAN) said Justice Ariwoola, who was his classmate at Ife and at the Law school, should ensure that the rot in the Judiciary is cleansed, lamenting the unprecedented protest against the immediate man.

“It wasn’t funny. The Supreme Court was literally dancing naked. Ariwoola should first start by addressing the issues raised by the Justices in their letter as urgent as yesterday” he said.

He called on his elevated former classmate, to create a situation that would discourage corruption in the judiciary by improving on welfare.

On reforms, he aligned with his fellow Silk, Alliyu.

“If possible, the acting CJN should create certain divisions within the Supreme Court, to be made up of five Justices each to handle specialised areas, like commercial laws, political matters, constitutional matters and all that.

“Sound lawyers, should be considered for appointment to the Supreme Court Bench to enrich our judgements and make the judiciary richer. He has a lot to do in ensuring that the judiciary, which is the last hope of the common man is truly made sentinel and watchdog over the fundamental rights of Nigerian Citizens and over the rule of law. Justice should not only be done but be seen to have been done.

“Justice Ariwoola should clean the registry of the apex court. I daresay that the registry is not been fair to litigants. They keep some files under the table, shelve them off and bring out files that they want to be treated. I have a political case and for over two years, has not been slated for hearing, despite writing three reminders that the matter be slated for hearing, the CJN himself has minuted, but they shelved away. Meanwhile, some other political matters that came up few months ago are heard and determined” he stated.

According to him, the acting CJN should call for all the files and fix them for hearing immediately as litigants are suffering, added, “When there is loss of hope in the judiciary, there will be anarchy.”

Our expectations.

Lawal Akorede Habbeb, a former Assistant National Publicity Secretary of the Nigerian Bar Association (NBA) said, he has high expectations in the reform of the judiciary under Justice Ariwoola.

He told The Jury he expects a more transparent judiciary, particularly in the area of finance.

He added, “It is therefore important that the way and manner Judiciary uses its funds is known to all stakeholders. This in itself will engender some confidence in the judiciary”

He also wants the Ariwoola leadership, just like other senior lawyers, to welcome appointment of qualified lawyers to the appellate courts.

Regarding the general election of next year, he said, “In this election season, citizens will as always look up to lawyers. It is therefore important that the public sees and acknowledges the Bar and the Bench as the leading light in the vanguard for adherence to the rule of law, protection of the independence of the judiciary and good governance in the country.”

Another SAN, Chief Olusola Oke commended Justice Muhammad for being honest about his health status, saying that some other persons, would have gone ahead, affecting the functionality of the system.

He expects Ariwoola to bring strength back to the judiciary, to cause expeditious determination of cases and to also bring due process, accountability and trust, into the management of funds in the Supreme Court.

“We want to see a new system that will give accountability, transparency into the administrative functions of the Supreme Court.

“Enforcement is also the essence of the law. When you have good laws that are not enforced, then those laws have no meaning and the society is not protected. People have been accused of corruption, killing, maiming, kidnapping and other anti social offences must be brought to book on time.

“Those case like terrorism, kidnapping, corruption in particular, there must be expeditious way of causing their determination within the shortest possible time, so that Nigerians can have confidence in the judiciary”, he said.

Disclosing his expectation, a senior lawyer, Bola Aidi said the appointment of Justice Ariwoola marks a critical turning point, which is going to be a catalyst for lots of development in the judicial sector.

Quoting him,“With Ariwoola, we are going to have a period of revival. When there is improvement in the welfare of Judges, there will be a corresponding improvement in judicial delivery, because, it is what you give in, that determines what goes out. If a man is not happy with work conditions, you cannot expect the best from him. If you have a situation where everything needed is provided, you can expect that maximum delivery will be given”.

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Lanre Adewole, Yejide Gbenga-Ogundare and Sunday Ejike