Lessons From CJN’s Resignation

On June 27, 2022, news broke that the number one judicial officer and 16th Chief Justice of Nigeria
(CJN), Justice Ibrahim Tanko Muhammad, had resigned his position, citing ill-health. Expectedly, the information, indeed, came as a shock to many stakeholders including top lawyers, politicians, and technocrats. Although health challenges are natural phenomena, many doubted if ill-health was the principal ground for his decision.
Following Muhammad’s resignation, President Muhammadu Buhari swore in Justice Olukayode Ariwoola, the second in the Supreme Court ranking, as the acting CJN. Indications that all was not well emerged with the absence of the ex-CJN who was billed to speak at the opening programme of the training on alternative dispute resolution for judges at the National Judicial Institute (NJI) in Abuja. Muhammad failed to appear at the function without prior notice and did not send a representative either.
Assuming office as CJN under controversial circumstances, Muhammad stepped down in an even more contentious manner. He became a Justice of the Supreme Court in 2007, from the Court of Appeal where he served for 13 years, and became the Chief Justice of Nigeria, first in an acting capacity on January 25, 2019, and then substantively on July 24, 2019. He succeeded Justice Walter Samuel Nkanu Onnoghen whose departure from the apex court is probably the most questionable ever in the history of the nation.
It would be recalled that less than two weeks before his historic resignation, 14 Justices of the Supreme Court confronted former Chief Justice Muhammad over his style of administration which they claimed disregarded their welfare. The development was, however, the culmination of a simmering crisis that had been on since last year, and the apex court Justices, after being pushed to the wall with no solution in sight, decided to write a formal memo to the ex-CJN.
In the internal memo jointly signed by the 14 protesting justices of the court, they complained of non-replacement of poor vehicles, accommodation problems, lack of drugs at the Supreme Court Clinic, epileptic electricity supply to the Supreme Court premises, increase in electricity tariff, no increase in the allowances for diesel, lack of internet services to residences and chambers and poor take-home pay that could no longer take them halfway, among others.
Many Nigerians, to say the least, were scandalised when the memo hit the media. They could not believe that the nation’s temple of Justice could be desecrated and tainted with allegations of maladministration with a tinge of corruption allegations. However, the nation was not kept in suspense for long as the CJN, through his media aide, Ahuraka Yusuf Isah, gave a response to the memo from the Justices. The CJN said he had managed the resources at the disposal of the apex court judiciously and that there was nothing to hide.
But the point had been made in some quarters that perhaps Justice Muhammad was pushed out of the door, and not for health reasons, because his brother Justices, who had lost confidence in him, were beginning to show signs of anger and restlessness. They even threatened to stop sitting. Imagine Justices of the Supreme Court of Nigeria going on strike!
Regardless, Tanko deserves commendation for voluntarily quitting his office following his inability to continue. After all, what has been reported is simple: he resigned on health grounds. Ordinarily, that should be enough. The job of a Supreme Court justice requires that he should be compos mentis and enjoy the agility of the highest order to lead a nationwide body of judges, provide leadership at the Bar and the Bench and simultaneously run the activities of the apex court of the land.
Muhammad’s resignation is a positive development. It is rare in this part of the world to see someone resign honourably and voluntarily from an exalted position. Clearly, he acted for the overall benefit of Nigeria’s judiciary and the nation at large, since he could no longer continue in office. Muhammad knew that his ill health was interfering with his job and he might not easily cope going forward. Nigerians must learn the lesson of putting safety and health first before any other considerations.
For the high office of the embattled former CJN, events of the last few months will unsettle anybody who has integrity, regardless of what might have happened. So, he has, by disengaging, in a way, rescued the total image of that institution. It shows that for people of honour, whenever their integrity is challenged or questioned, they will do what is right and put the institution above their interest. We hope other public officers of high standing like the ex-CJN in other arms of government, when the occasion calls for it, will have the respect for due process and institutional integrity.
Regrettably, however, the latest developments in the Supreme Court call for sober reflection and a need for an investigation into the situation is not improper. The allegations against the retired Chief Justice should be investigated to promote the administration of justice. The NJC, the Body of Benchers, and the anti-graft agencies should commence their separate duties. If found culpable in the end, he should be sanctioned. This is necessary to serve as a deterrent to others.
The crisis brewing between the former CJN and his colleagues is not only an embarrassment to the entire judiciary, but also a disgrace to Nigeria. The watershed at the nation’s apex court confirms that the general arbiter who, for decades remained the last hope of ordinary Nigerians, has turned against itself. If anything, it seeks to erode public confidence in this all-important arm of government. In other climes where conscience matters, this would be an additional reason for Muhammad to have left office, especially since his colleagues had lost confidence in him.
To restore the almost-lost public trust, the judiciary, especially judges at all levels of the system, must put their act together and redeem the dented image of this structure of government. The third arm of government should look inward and provide the moral rectitude for the other two arms – the Executive and the Legislature. It is time for Nigerian judges to be exemplary in character to command moral authority over citizens. Whatever it is, there is still some unfinished business around and about Muhammad’s resignation.