THE NIGERIAN JUDICIARY MUST OCCUPY IT'S PRIDE OF PLACE IN SPITE OF EXECUTIVE WICKEDNESS!

The Judiciary in every democracy should rightfully occupy a position of honour, integrity and respect in view of its enormous and uncommon responsibility in the adjudication of law, order, justice, equity and fair play within the polity.

Nigerian administrators claim to carry out all government duties through three structural arms namely the executive, legislature and the judiciary; but visibly negates the importance of maintenance of law and order through the law courts according to its grundnom, the 1999 Constitution!

Most prominent of the three are the first two which deliberately overshadow the judiciary which is constitutionally saddled with all legal jurisprudence which include but not limited to the following:
1) ensuring human rights adjudication,
2) interpretation and application of laws,
3) role in law-making,
4) equity legislation,
5) protection and guardian of the spirit and letters of the Constitution of the Federal Republic of Nigeria 1999,
6) Power to get its decisions and judgments enforced etc.

The Judiciary as an arbiter between the executive and the legislature and also the protector of Human Rights abuses as often meted to the citizens through maladministration is also rightly described as “THE LAST HOPE OF THE COMMON MAN!”

The roles, functions and powers of the judiciary are exercised through the courts of law, tribunals and judicial officers from the customary (inclusive of “Sharia”), through to the magistrate, high courts and finally to the Supreme Court!

The Judiciary should be the most powerful arm of government because of its arbitration duties but that is not the position in Nigeria!

MEMOIRS ON DELIBERATE BASTARDIZATION OF THE JUDICIARY IN THE PAST 22 YEARS OF NIGERIA'S NASCENT DEMOCRACY!

Beginning from Olusegun Obasanjo's Administration to Muhammadu Buhari the current Major General President of Nigeria, the Judiciary has suffered untold persecutions due to executive intervention in judicial adjudication in areas of sponsored crimes, criminalities and most especially institutional corruption!

The Judges were neither respected nor revered for their impartial role of arbitration in the daily dispensation of justice as members of the Bench but were made subservient and always manipulated to submission especially to the Executive which pays their salaries, allowances and other emoluments.

During President Buhari's first term- October 2016, senior Judges including those of the Supreme Court were humiliated to submission through the instrumentality of the Department of State Security (DSS) in a STING OPERATION which “EXPOSED” them as corrupt officers of the law!

However most of the educated citizenry condemned the humiliation of the learned judges of the LEARNED PROFESSION because Judges Disciplinary Body, the National Judicial Council (NJC), was deliberately sidelined and after all hues and cries, the matter was resolved in favour of the judges who were tried and freed by their colleagues!

Judges Welfare Is Nothing To Extol!

In spite of their enormous responsibilities judges have not been well treated by successive governments in Nigeria. The story was told of a judge who was retired and one week later was evicted from his official quarters by law enforcement agents and his properties thrown out into the streets!

Judges salaries and allowances all put together never totalled One million naira per month and had to be solicited from the Executive as if they were being favoured!
And whereas, the THREE ARMS of government according to the Constitution should work as a team to ensure good governance and sovereignty to the people of Nigeria to whom it rightly belongs.

The Federal Republic of Nigeria is a state based on the principles of democracy and social justice and therefore the security and welfare of the people should always be the primary purpose of a United government of Nigeria.

Retired Chief Justice Tanko Muhammad!

The erstwhile Head of the Judiciary Tanko Mohammed who resigned his position in June 2022 following very serious allegations of maladministration and financial impropriety levelled against him unlike his predecessor Walter onnoghen threw in the towel honorably as he claimed deteriorating health for his departure from the Bench. However it is worthy of note that 14 Justices of the Supreme Court who made the allegations were waiting for disciplinary administrative process through the NJC, but he aborted the move through his resignation.
Justice tanko Mohammed who was appointed 25th January 2019 and was due to retire by the end of the year 2023 which was 18 months early.

Although there is an uneasy calm in the Judiciary for now because the President Major General Buhari nominated the most senior in rank to step in as acting Chief Justice of the Federation while Nigerians wait patiently for all allegations against the retired Çhief Justice to be investigated.

Some of the allegations by the 14 Justices of the Supreme Court include but not limited to the following: lack of accountability, poor work environment, incompetence, lack of IT DATA and electricity to perform their duties in spite of an allocation of NGN120 billion naira to the judiciary in the 2022 budget. Etc.

PROVIDENTIAL INTERVENTION OF NEW SALARY REGIME THROUGH THE NATIONAL INDUSTRIAL COURT!

Sequel to the suit earlier filed by a legal practitioner Sebastian Hon, Senior Advocate of Nigeria (SAN), to seek a salary increase for Nigerian Judges, Nigerian Judges will remember Friday 15th July 2022 with nostalgia as they reminiscence over the ruling of the Justice of the National Industrial Court (NIC), who ordered the immediate payment of ₦GN10 million Naira monthly to the Chief Justice and NGN9 million to other judges of Supreme Court provided President Buhari would direct immediate compliance to the Court order! The increase embraces the entire Judiciary.
The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), the Attorney-general of the Federation and Minister of Justice (AGF), and the National Judicial Commission (NJC),were to comply with the directive of the court immediately.
In her judgement the court held that by the combined interpretation of Section 4 (1 (2) of the 1999 Constitution as amended and the First Schedule of 6 (1b) and the RMAFC Act 2004, that the first and second defendants did not have the power to neglect by failing to perform their constitutional and statutory duties of reviewing judges salaries since 2008.

The Judge also ordered and upward review of the salaries of the affected judicial workers every year or at most every two years. She also awarded a NGN500, 000, naira judgement cost in favour of the claimant to be paid by the first second and third respondents.

The honourable Jurist held that there was abundant evidence to support the claims that the current salaries of judges and justices which were last reviewed in the year 2008 no longer reflect modern realities owing to the devaluation of the naira the exchange rate and the general economic downturn.

She also held that such negligence impoverished the judicial officers and subjected them to embarrassment which situation was tantamount a national shame and that efforts by the National Assembly and the National Judicial Council to have an out-of-court settlement failed.

SHOULD TANKO MUHAMMAD BE DECORATED WITH THE SECOND HIGHEST NATIONAL HONOUR OF GRAND COMMANDER OF THE ORDER OF NIGER (GCON), CONSIDERING THE WEIGHTY ALLEGATIONS OF MALADMINISTRATION AND CORRUPTION LEVELLED AGAINST HIM?

Shortly after his retirement as Chief Justice of Nigeria in June 2022, Ibrahim Tanko Muhammad was conferred with the second to the highest honour of Grand Commander of the Order of Niger by President Major General Buhari who showered him lavishly with accolades) encomiums, shortly after the swearing-in of the acting CCJ Justice Olukayode Ariwoola at the Aso Rock Villa Abuja.

Was that show of addicted nepotism and insensitivity to the collective sensibilities of Nigerians necessary? Was retired Chief Justice Walter Onnoghen so honoured? Why was the norm of “what is good for the goose is good for the gander” not applicable to both men who retired under abnormal circumstances?
WE ARE AWARE THAT MAJOR GENERAL BUHARI IS EAGER TO RETURN TO HIS HOME TOWN DAURA, KATSINA STATE BUT HE MUST FULFILL HIS MANIFESTO TO IMPROVE THE ECONOMY, ALLEVIATE POVERTY, CRUSH INSECURITY ETC, WITHIN THE NEXT TEN MONTHS TERMINATING ON 29TH MAY 2023 AND GIVE ACCOUNT OF HIS STEWARDSHIP TO ALL CITIZENS OF NIGERIA AND TO THE ALMIGHTY GOD WHO GAVE TO HIM AND UNDESERVED OPPORTUNITY!

“But if ye will not do so, behold, ye have sinned against the LORD: and be sure your sin will find you out.” Amen.

[WATCH OUT FOR A NIGERIAN PRIME MINISTER – NOT A PRESIDENT IN 2023!]


I am, yours sincerely, Dr. David B.A. Olufon, 08130669886, 08080243066. g-mail-dvdolufon@gmail.