IN THE ARENA
The shrill face-off between Justices of Supreme Court and the Chief Justice of Nigeria, Muhammad Tanko willy-nilly offers an opportunity to reboot critical service conditions of the nation’s marginalised third arm of government, writes Louis Achi
I
n explaining the need for an independent judiciary, US revolutionary, statesman and founding father, Alexander Hamilton noted in The Federalist Papers #78 that the federal courts “were designed to be an intermediate body between the people and their legislature” in order to ensure that the people’s representatives acted only within the authority given to the legislature under the constitution.
In the same document, he viewed the judiciary as inherently weak because it has neither purse, nor sword to enforce its judgments. Indeed, the executive not only dispenses the honours but also holds the sword of the community.
Hamilton’s thoughts over 200 years ago fundamentally capture the current quandary of the nation’s third arm of government – the judiciary. It also fuels the imperative of progressive action to shore it up. Here’s why.
In a recent unsettling leaked memo to the Chief Justice of the Federation (CJN), Justice Tanko Muhammad, 14 Supreme Court justices, protested their appalling welfare, deplorable service conditions and accused him of denying them the legitimate entitlements. They accused the CJN of abandoning his responsibilities and diverting funds meant for the running of the apex court.
The memo presented a laundry list of other operational challenges that have almost crippled the efficient adjudication of cases at the court – a first in the 58-year history of the court. Some key issues raised by the miffed apex court judges are non-replacement of poor vehicles, poor accommodation, lack of drugs at the Supreme Court clinic and epileptic electricity supply at the Supreme Court.
Still others are increase in electricity tariff, little or no increase in the allowances for diesel and lack of internet services to residences and chambers.
They also accused the CJN of receiving their demands without acting “after several persistent requests” to hold a meeting which was finally held on March 31, where a welfare committee was set up. More, the Supreme Court Justices demanded to know what had become of funds set aside for the training of justices, alleging that they were denied the usual two to three international workshops annually.
Not one to allow the grass grow under his nimble feet, the CJN countered the aggrieved apex court justices in a statement issued on Tuesday by his spokesperson, Ahuraka Isah.
His words: “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.”
Stating that the leaked justices’ memo was “akin to dancing naked at the market square by us with the ripple effect,” the CJN deftly punctured the premises they set out on, saying that it was utopian: “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.”
Touching on much of the items listed by the aggrieved justices, the CJN largely sought to absolve himself of fundamental culpability. He expanded on the budgeting process and components and perhaps essentially communicated the helplessness of his constituency due to the structural funding template.
But will this defence cut much ice with his colleague justices now up in arms? Big question!
However, following this unprecedented crack between the CJN and apex court Justices, several initiatives by critical stakeholders have also kicked in to attempt urgent resolution.
Senate President, Dr. Ahmad Lawan last week directed the Committee on Judiciary, Human Rights and Legal Matters to get involved with the CJN/justices bust-up to seek resolution of the key issues. He gave the directive at the end of plenary on Wednesday.
On its part, the Body of Benchers has set up a seven-man committee to look into the matter. The Chairman of the Body of Benchers, Wole Olanipekun (SAN), revealed that the committee is headed by a former CJN, Mahmud Mohammed.
According to Olanipekun, “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.”
Olanipekun who disclosed that the committee would work to improve the welfare package for judicial officers in the country revealed “The committee has also been mandated to compare and contrast what the judicial officers take as their remuneration among others with what is obtainable in other parts of the world.”
While conceding that the CJN Muhammad may be right, based on facts available to him as the head of the third arm of government, constitutional lawyer, Chief Mike Ozekhome (SAN), stated, “It must be noted that the entire annual allocation meant for the Supreme Court is like a drop of water in an oasis.”
According to Ozekhome, “The N110 billion yearly allocation to the Supreme Court has not changed in the last four years (since 2018). This means that every year, in spite of the hyper inflationary trend which has become geometrical and not merely arithmetical, the allocation to the apex court remains static.
“It also means that since the time when the exchange rate was about N180 to N250 to a dollar, which is today about N612 to the dollar, the apex court’s allocation has not changed. It also means that the Justices’ quality of life has thereby been receding, rather than appreciating.”
Ozekhome also expects the CJN to engage the justices more and pacify them. “I want to believe that before they wrote that letter, they must have complained severally and serially quietly in secret. The CJN must go ahead and take up their grievances and fight it through with the executive arm of government that is holding on to more than 70 per cent of our national resources, with the legislature holding on to the rest,” he validly stated.
While the bust-up between Justices the CJN apparently shocked many Nigerians, many equally saw it coming as a recently retired Justice of the Supreme Court stopped short of indicting the CJN in his valedictory speech.
Justice Ejembi Eko, had in his valedictory speech, disclosed that: “The heads of courts in the federation have enormous budgetary resources from which they can improve the welfare of serving judges.” He also observed that nothing stops the office of the Auditor-General of the Federation, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other investigatory agencies from ‘opening the books of the judiciary’ to expose the corruption in the management of their budgetary resources.”
For the former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), “It’s not pleasant to see the revered institution of the judiciary, the very sepulchre of administration of justice in Nigeria, at such low ebb. I regret the Supreme Court is not at peace and it is very sad that this has to do with the financial conditions of service.
“This is an issue I have long canvassed and if the National Judicial Council (NJC) was proactive this was wholly avoidable.
