News

Judiciary Now Something Else — Retiring Supreme Court Justice

Published

2 years ago

October 28, 2023

•Faults composition of Supreme Court panel that heard Atiku, Obi’s appeals

There appears to be a crack at the Supreme Court, barely 24 hours after it validated the election of President Bola Tinubu of the ruling All Progressives Congress, APC.

A retiring justice of the court, Musa Dattijo Muhammad, who reportedly pulled out from the seven-man panel that dismissed all the appeals that sought to remove President Tinubu from office, has accused the Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola, of abusing the powers of his office.

Justice Muhammad, who spent 47 years in active judicial service, bowed out of the apex court bench on Friday, having clocked the 70 years mandatory retirement age.

He used the opportunity of a valedictory session that was organised in his honour by the Supreme Court, to address what he observed as rots in the judiciary that have continued to affect the justice delivery system in the country.

“Through the years, I rose to become the second most senior justice of the country’s apex court and Deputy Chairperson of the National Judicial Council.

“Considering the number of years I have spent in judicial service and the position I have attained by the grace of the Almighty, I feel obligated to continue the struggle for reforms for a better Judiciary and would be leaning on the earlier submissions of those who had exited before me,” Justice Muhammad stated before he descended on the CJN.

He maintained that the judiciary, as presently structured, gave so much powers to the CJN who he said usually takes decisions without consulting other justices.

His words: “As presently structured, the CJN is Chairman of the NJC which oversees both the appointment and discipline of judges, he is equally Chair of the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), the Legal Practitioners Privileges Committee (LPPC) that appoints Senior Advocate of Nigeria.

“In my considered opinion, the oversight functions of these bodies should not rest on an individual alone. A person with absolute powers, it is said, corrupts easily and absolutely.

“As Chair of NJC, FJSC, NJI and LPPC, appointments as council, board and commitment members are at his pleasure. He neither confers with fellow justices nor seeks their counsel or input on any matter related to these bodies. He has both the final and the only say.

“The CJN has power to appoint 80 percent of members of the council and 60 percent of members of FJSC. The same applies to NJI and LPPC.

“Such enormous powers are effortlessly abused. This needs to change. Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country,” he added.

On the current composition of the bench of the apex court, Justice Muhammad alleged that the refusal to fill the vacant slot of South East on the apex court bench, was deliberate, blaming it on “absolute powers vested in the office of the CJN.”

He further stressed that with his retirement, the North Central zone which he represented, would no longer have a Justice on the Supreme Court bench.

“My lord Hon. Justice Ejembi Eko JSC who also represented the zone retired on 23rd of May, 2022. It has been a year and five months now. There has not been any replacement.

“With the passing of my lord, Hon. Justice Chima Centus Nweze, JSC on 29th July 2023, the South East no longer has any presence at the Supreme Court. My lord, Hon. Justice Sylvester Nwali Ngwuta JSV died on 7th March 2021. There has not been any appointment in his stead for the South East.

“As it stands, only four geo-political regions- the South-West, South-South, North-West and North-East are represented in the Supreme Court.

“While the South-South and North-East have two serving justices, the North-West and South-West are fully represented with three each.

“Appropriate steps could have been taken since to fill outstanding vacancies in the apex court. Why have these steps not been timeously taken?

“It is evident that the decision not to fill the vacancies in the court is deliberate. It is all about the absolute powers vested in the office of the CJN and the responsible exercise of same,” the retiring jurist added.

On the issue of membership of the panel that heard the presidential election appeals by candidates of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar and the Labour Party, LP, Mr Peter Obi, Justice Muhammad, said: “To ensure justice and transparency in presidential appeals from the lower court, all geo-political zones are required to participate in the hearing.

“It is therefore dangerous for democracy and equity for two entire regions to be left out in the decisions that will affect the generality of Nigerians.

“This is not what our laws envisage. Although it can be posited that no one expected the sudden passing of Hon.

Justice Nweze JSC, yet, it has been two years and seven months since the previous justice from South-East died and no appointment was made.”

On funding and independence of the Judiciary, the retiring justice bemoaned that though the budgetary allocation for the Judiciary increased from 70billion that it was in 2015 to 165billion presently, “Justices and officers welfare and the quality of service the judiciary renders have continued to decline.”

“It may interest one to know that the Chief Registrar of the Supreme Court earns more than the Justices. While she earns N1.2m per month, justices take home N751,000 in a month.

“The CJN on his part takes home N400, 000 plus. The salary of a Justice, curiously, drops rather than increases when he gets the added responsibility of being a CJN.

“The unjust and embarrassing salary difference between the justices and the Chief Registrar remains intriguing, to say the least.”

He noted that it was owing to allegations of corruption and perversion of justice, that informed President Muhammadu Buhari’s decision to order the invasion of homes and arrest of some judges in 2016.

“Not done, in 2019 the government accosted, arrested and arraigned the incumbent Chief Justice before the Code of Conduct Tribunal for alleged underhand conduct.

“With his retirement negotiated, he was eventually left off the hook.

“In 2022, a letter signed by all other justices of the Supreme Court, including the current Chief Justice, the aggrieved protested against the shabby treatment meted to them by the head of the court and the Chief Registrar.

“In the event, his lordship Ibrahim Tanko Muhammad disengaged ostensibly on grounds of ill-health.

“My lords, distinguished invitees, ladies and gentlemen, it is obvious that the judiciary I am exiting from is far from the one I voluntarily joined and desired to serve and be identified with. The institution has become something else,” Justice Muhammad lamented.

Meanwhile, earlier in the ceremony, the CJN, in his speech, paid glowing tribute to the retiring jurist who he described as a “quintessential Judicial icon with dazzling qualities and alluring stature.”

“His Lordship is one judicial officer that could be blunt, even to a fault; and is never known to be afraid to say things the way they are; and also never shies away from calling a spade by its name, irrespective of whose ox is gored,” the CJN stated. He decried that with Justice Muhammad’s exit, the apex court bench has further depleted to 10.

News

Edo: Pandemonium As NDLEA Operatives Chase Escaping Driver With Shooting

Published

2 hours ago

October 3, 2025

Editor

There was pandemonium at Oka Market, Upper Sakponba Road, Benin City, Friday, as operatives of the State Command of Nigerian Drug Law Enforcement Agency (NDLEA) shot sporadically in chase of an escaping driver.

In the course of the commotion, traders and residents took to their heels, probably to avoid being hit by stray bullets, while others were confused, not sure of what caused the sporadic gunshots.

The sporadic gunshots which lasted more than five minutes at the gate of the NDLEA Head Office, by Oka Market, followed a hot chase of an articulated vehicle driver who was said to have brushed their (NDLEA) vehicle.

The driver, who reportedly brushed the NDLEA vehicle refused to stop for negation, which prompted officers at the scene to alert their colleagues who waited at the alert.

According to eyewitnesses, as the escaping articulated driver approached the NDLEA office, officers who were said to have been alerted by their colleagues pursuing the trailer began to shoot.

Seven of the tyres of the trailer were deflated by bullets of the NDLEA operatives yet the driver refused to stop.

The officers continued to shoot while pursuing him, until he was caught.

A source said that the driver brushed their vehicle on the way, and that every effort by the officers to stop him so they could settle the matter proved abortive; hence the gunshots and deflation of the tires.

“It was a simple thing; they jammed our men, but the officers tried to stop him so that they could settle, but the driver refused to stop. That is why the men have been shooting to stop him. Even after bursting about seven tires, he was still running, but we caught him and they are bringing him back to our office,” he concluded.

Calls and messages sent to the commander, Edo State NDLEA Command, Mr. Mitchell Ofoyeju, were not responded to as at when filing this.

News

JUST IN: Court Bars Police From Enforcing Tinted Glass Regulation

Published

3 hours ago

October 3, 2025

Editor

The Federal High Court sitting in Warri has issued an order directing the Nigeria Police Force and the Inspector-General of Police to maintain the status quo in the ongoing case concerning the controversial tinted glass permit.

The case, Suit No. FHC/WR/CS/103/2025: John Aikpokpo-Martins v. Inspector-General of Police & Nigeria Police Force, came up for hearing today.

Delivering the interim order, the Court directed the police authorities to respect judicial processes pending further proceedings in the matter.

Confirming the development, Kunle Edun, SAN, who led the legal team, noted that the directive is a major step in ensuring that the rule of law is upheld while the substantive issues in the case are being determined.

Details of the ruling and the next adjourned date are expected shortly.

Further updates coming soon…

News

Court Dismisses Suit Seeking Refund Of Rivers’ Monies Expended By Ibas

Published

4 hours ago

October 3, 2025

Editor

The Federal High Court in Abuja on Thursday dismissed a suit seeking a refund of all Rivers’ monies in the Consolidated Revenue Fund released, appropriated and expended by the Sole Administrator, retired Vice Admiral Ibok-Ete Ibas.

Justice James Omotosho, in a ruling, held that the Federal High Court (FHC) has no jurisdiction to determine the subject matter, having stemmed from the presidential proclamation of the state of emergency.

The judge upheld the objection raised by lawyers to the defendants, including Kehinde Ogunwumiju, SAN, who represented Ibas in the case.

Justice Omotosho held that it is only the Supreme Court that had the exclusive and original jurisdiction to determine the validity of the declaration of an emergency rule by the president.

“I must not fail to say here that counsel to the claimant ought to make proper research regarding his case before filing same.

“He must make diligent research as to which court has jurisdiction and the necessary parties in the suit before filing his action.

“Counsel has the duty to be professional in making such research rather than spending time spreading misinformation or painting the wrong picture on social media and other broadcast media.

“This court is saddled with a lot of cases, including commercial, civil and criminal matters which makes its time very precious.

“Filing suits which are void abinitio is inimical to the course of justice and the court can suo motu nullify such void suit in order to save its time.

“I therefore hold that a void process cannot activate the jurisdiction of this court.

“In final analysis, the subject matter of this suit is outside the jurisdiction of this court and this court will decline jurisdiction over same,” he said

The judge also declined to transfer the case to Port Harcourt judicial division as part of the reliefs sought by the plaintiff.

He held that the application for transfer of the suit back to Rivers was ungrantable.

He said that a look at the provision of the law revealed that the court can only transfer a matter to another judicial division, either a high court of a state or the High Court of the Federal Capital Territory, Abuja.

“This court having held that only the Supreme Court can hear and determine matters relating to Proclamation of State of Emergency, it would be totally worthless to then transfer the matter to another judicial division which equally lacks subject matter jurisdiction.

“Since this court has no power to transfer this matter to the Supreme Court, the proper course of action is to refrain from making any other transfer and to strike out the entire processes for lack of jurisdiction.

“Consequently, issue two is resolved against the claimant,” he said.

The judge equally resolved issue three which challenged the discretionary power of chief judge of FHC to have transferred the matter to Abuja for adjudication.

“Consequently, this court hereby declines jurisdiction over this suit and the originating process filed is hereby declared void as same ought not to have been filed before this court,” he ruled.

The News Agency of Nigeria (NAN) reports that the Incorporated Trustees of Rivsbridge Peace Initiative had, in the suit marked: FHC/PH/CS/43/2025, sued President Bola Tinubu as 1st defendant.

The group also named the Federal Republic of Nigeria, the Attorney-General of the Federation, the Accountant-General of the Federation (AG-F), the Central Bank of Nigeria (CBN) and Ibas as 2nd to 6th defendants.

The group had queried Ibas’ appointment.

It also sought an order of mandatory injunction, directing the 1st, 2nd, 3rd, 4th, 5th and 6th defendants to, forthwith, return, refund and or pay back any monies in the Consolidated Revenue Fund belonging to Rivers State released, appropriated and or expended after March 18 when the president declared the state of emergency, among others.

It argued that the action was without compliance with the express provision of Section 120,121,287(1) of the 1999 Constitution (as amended) and subsisting Order(s) of the Supreme Court in Rivers State House of Assembly vs Govt of Rivers State (2025).

Justice Omotosho, in another ruling on the second suit, marked: FHC/PH/CS/46/2025, which challenged the power of Ibas to appoint sole administrators for the state’s 23 local government areas of Rivers, was also dismissed.

NAN reports that the suit, filed by the plaintiffs, had Ibas as sole defendant.

Delivering the ruling, the judge upheld the preliminary objection of lawyer to Ibas, Ogunwumiju, that the plaintiffs lacked the locus standi (legal right) to file the suit.

He said that the plaintiffs were neither one of the suspended LGA chairmen nor could they have filed the suit against the Federal Government or Ibas on a dispute that purportedly affects the general public in Rivers.

“The applicants are mere individuals who happen to be residents of Rivers State.

“Unless and until the consent of the Sole Administrator is obtained and filed with the originating process, this suit is totally void and has no legs upon which to stand.

“The lack of locus standi on the part of the applicants will lead to a dismissal of this action and referral to a higher court for determination of the suit does not arise as this court has no such power,” he said.

He restated that the court lacked the jurisdiction to entertain the case.

“In final analysis, the suit of the applicants is bound to fail as this court cannot assume jurisdiction over this matter in view of lack of subject matter jurisdiction and lack of locus standi on the part of the applicants.

“Consequently, this action is hereby dismissed for being void,” Justice Omotosho declared.

NAN had earlier reported that the judge dismissed a suit seeking an order declaring President Tinubu’s suspension of Gov. Siminalayi Fubara of Rivers as illegal.

The suit, marked: FHC/PH/CS/51/2025, was filed by Belema Briggs, Princess Wai-Ogosu, I. Acho, Emmanuel Mark and Hadassa Ada, who claimed to have sued for themselves and residents of Rivers State.

They had listed the President of the Federal Republic of Nigeria, the Attorney General of the Federation, Ibas and the Nigerian Navy as defendants.

The plaintiffs had queried the emergency declaration, the suspension of elected officials, including Gov. Fubara, the appointment of a sole administrator and, among others, prayed the court to void the president’s action.