Justice Tanko Muhammad has resigned from his position as the Chief Justice of Nigeria. The information which was made public on Monday was confirmed by his Special Assistant on Media, Mr. Ahuraka Yusf.
Mr. Ahuraka also stated that Justice Olukayode Ariwooala who is to take over as the Next CJN will be inaugurated and sworn in today, by the Presidency at the Aso Rock Villa.
The CJN who reportedly resigned on health grounds has had to endure a torrid time of recent, after 14 brother Justices of the Supreme Court sent in a memo, accusing him of being insensitive to their condition, especially as regards staff welfare.
The aggrieved Justices in the letter also made allegations against him on acts of gross misconduct, corruption and mismanagement.
In a Protest Letter titled, “The State of Affairs in the Supreme Court of Nigeria and Demand by Justices of the Court”, the Justices expressed worry that the current state of the Apex Court is slowly crippling the entire judicial system.
They sited various areas that needed immediate attention, which bothered around personal obligations which the court owes the Justices, raising allegations of diversion of funds.
“We demand to know what has become of our training funds, have they been diverted, or is it a plain denial?” the justices queried.
“Your Lordship’s assumption of office Justices only attended two workshops in Dubai and Zanzibar. They were not accorded the privilege of travelling with accompanying persons as was the practice,” the letter said.
The justices had explained that their decision to write to the CJN formally must be seen by him as an effort on their part to preserve the dignity of the Judiciary, and the respect accorded to them by the government and people of Nigeria
After complaints that were raised at a March 2022 meeting “after several persistent requests to hold the meeting,” a “welfare committee” was set up to aggregate the issues.
But the justices said, “Your Lordship (the CJN) received and ignored these demands since 24th March 2022.”
“At the Justices meeting, we intimated your Lordship that some Justices sworn on the 6th day of November 2020 were yet to be accommodated by the Court.
In his reply, the CJN, Tanko Mohammed in an Official Statement, explained to his brother Justices that the Judiciary, just like every other establishment was facing economic crunch and managing the limited resources at its disposal.
“The Chief Justice of Nigeria, Hon Justice Ibrahim Tanko Mohammad would wish to confirm receipt of letter written and addressed to him by his brother Justices of the Supreme Court Bench.
“Judges in all climes are to be seen and not heard, and that informed why the CJN refrained from joining issues until a letter, said to be personal, is spreading across the length and breadth of the society.
“This was akin to dancing naked at the market square by us with the ripple effect of the said letter
“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.
“When a budget is made, it contains two sides, that’s the recurrent and the capital, yet all the two are broken down into items. The Federal Government releases the budget based on the budget components. And it’s an offence to spend the money meant for one item for another” the statement read.
However, President Muhammadu Buhari has sworn in Justice Olukayode Ariwoola as the acting Chief Justice of Nigeria (CJN) today, following the resignation of Justice Ibrahim Tanko Muhammad on health grounds.
Justice Ariwoola, who is the most senior Justice of the Supreme Court, next in line to Muhammad, was sworn-in today by 2pm, according to reports.
Born on 22 August 1958, Justice Ariwoola was formerly a Justice of the Court of Appeal before his elevation to the Supreme Court bench.
He is a member, Nigerian Bar Association, member, International Bar Association and member, Nigerian Body of Benchers.
The National Judicial Council (NJC) is expected to have sent a quick recommendation of Justice Ariwoola to President Muhammadu Buhari as the acting Chief Justice of Nigeria (CJN).
President Buhari is also expected to swear him in as acting CJN and thereafter send his nomination as substantive CJN to the Senate for confirmation hearing.
NJC is a creation of section 153 of the 1999 Constitution (as amended) with powers to hire and fire erring judicial officers in the country.
Ariwoola benefits from the tradition of the court where an incumbent head of court vacates office either by reason of death, retirement, resignation or sack, the next most senior judicial officer in the court takes over.
Justice Tanko Muhammad was the second Chief Justice of Nigeria to have resigned his appointment in the last four years.
Justice Tanko Muhammad took over from Justice Walter Samuel Nkanu Onnoghen who also bowed out of the bench before he clocked the mandatory retirement age of 70 years under controversial circumstances. Justice Tanko was born in December 1953.
But for his resignation, he was supposed to steer the ship of the apex court till December 2023.
Meanwhile, Former Vice President, Alhaji Atiku Abubakar ,Gov. Seyi Makinde of Oyo State has congratulated Justice Olukayode Ariwoola, on his elevation and swearing-in as the Acting Chief Justice of Nigeria(CJN) by President Muhammadu Buhari.
According to atiku ‘the decision of Justice Tanko Muhammad to vacate office as the Chief Justice of Nigeria is commendable. I wish him well even as I commend him for his action and service to the nation. I wish the newly sworn in Acting CJN Justice Olukayode Ariowoola success as he steps in to fill the gap and assure him of my commitment to advancing the frontiers of judicial independence and the promotion of separation of powers as the bedrock of deepening democracy and development.
Also, Makinde described Ariwoola’s elevation as Acting CJN as a deserving development and reward for diligence, patriotism and service to the nation.
The congratulatory message is contained in a statement issued by his Special Assistant on Print Media, Mr Moses Alao, in Ibadan on Monday.
The governor said he has no doubt that the Iseyin-born jurist would restore the glory of apex court and the judiciary.
“I congratulate a noble son of Oyo State, His Lordship, Justice Olukayode Ariwoola, on his elevation and swearing-in as Chief Justice of Nigeria, in acting capacity.
“This elevation comes as a deserving development, a well-deserved promotion that comes after decades of hard work, diligence, patriotism and forthrightness in the judiciary.
“I have no doubt that the new Acting CJN will turn around the fortunes of the judiciary and the apex court for good by bringing his wealth of experience to bear in restoring the glory of the judiciary.
“On behalf of the good people and government of Oyo State, I celebrate Justice Ariwoola and pray to God to grant him the needed enablement’s to succeed in the new office,” Makinde stated.
Also, The Nigerian Bar Association has reacted to the Resignation of the Chief Justice of Nigeria, Tanko Muhammad on the grounds of I’ll health.
In a statement signed by the President of the Nigerian Bar Association, Olumide Akpata, titled “Resignation of Chief Justice of Nigeria and Appointment of an acting Chief Justice”, the NBA appreciated the CJN for his work while in office, wishing him a peaceful retirement.
It reads, “The Nigerian Bar Association (NBA) has received the news of the resignation, on grounds of ill health, of the Chief Justice of Nigeria, Honourable Dr. Justice Ibrahim Tanko Muhammad, CFR.
“We thank His Lordship for his lengthy service to the nation and wish him quick recovery even as we pray for a well-deserved peaceful retirement. In the course of previous publications and communications, I have consistently appreciated the outgone Chief Justice of Nigeria for the cordial working relationship between the Bar and the Bench under our respective administrations. I must do so again today as he bows out.
The NBA went on to observe the recent developments in the Apex Court, which warranted an outcry by 14 Justices, describing it as an “all-time low” for the judiciary.
“It is however impossible, to consider His Lordship’s retirement in isolation of the recent unprecedented developments at the Supreme Court where 14 Justices of the Court censured the outgone Chief Justice of Nigeria over His Lordship’s handling of their welfare and related issues. Beyond this, there is near universal agreement that public confidence in the judiciary and indeed the legal profession is at an all-time low.
“There is now more than ever the need for urgent reforms in the Judiciary and to rebuild the almost dissipated confidence that Nigerians have in the Judiciary and the wider legal profession in Nigeria. These should form the immediate first tasks for Honourable Mr. Justice Olukayode Ariwoola, who is expected to now take over as the Acting Chief Justice of Nigeria.
They went on to Welcome the New Acting CJN, Justice Ariwooala, pledging to work with him for the betterment of the entire judicial system.
“The NBA welcomes the appointment of Honourable Mr. Justice Olukayode Ariwoola and pledges its readiness to work together with His Lordship and the Judiciary in cleansing the Augean Stable and addressing the ills that have continued to plague not just the Judiciary but the entire legal profession.”
Meanwhile, News of the resignation of Nigeria’s Chief Justice, Hon. Justice Tanko Muhammad draws the curtain over the illustrious career of Hon. Justice Mohammad, who rose from humble beginnings to become Nigeria’s Chief Justice. Although circumstances of his emergence as Chief Justice remain controversial, Access to Justice commends the Chief Justice for the decision to step down, following reported health concerns. A decision to give up an office with so much influence, prestige and power cannot come lightly, and a less forthright person may have chosen a different course of action. By this action, Hon. Justice Muhammad has shown utmost responsibility of office and personal integrity.
The space now available for filling the office of Chief Justice of Nigeria offers a new opportunity for rebooting the Judiciary and resetting it on a path of renewal and re-energization. Nigeria’s Judiciary has, for too long been hung over by dark clouds, and has performed poorly across a number of performance indices. Public confidence is at low thresholds, and the Judiciary’s transparency and accountability has come under increasing question. All this is taking place while the welfare of Judges is dwindling, and the independence and autonomy of the judicial department are increasingly undermined by government.
The next incumbent of the office of CJN, now vacated by Chief Justice Muhammad, must declare a State of Emergency in the Judiciary, and take every step necessary to restore the health, efficiency, authority and accountability of the Judicial arm of government
