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Justice Dattijo Blasts CJN At Valedictory Session Over ‘Deliberate’ Exclusion Of Igbo Judges From Supreme Court Bench
Justice Musa Dattijo Muhammad, who recently retired from the Supreme Court after 40 years in the judiciary, has some serious allegations about the state of the Nigerian judiciary.
In a valedictory speech on Friday, Justice Dattijo accused the Chief Justice of Nigeria (CJN) of abusing his power and deliberately excluding Igbo judges from the Supreme Court bench.
Justice Dattijo said that the CJN has absolute power over the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI), and the Legal Practitioners Privileges Committee (LPPC).
This power, he said, allows the CJN to appoint judges and other judicial officials, as well as to control the judiciary’s budget.
Dattijo maintained that it is “dangerous” for democracy when the apex court is only composed of judges from South West, South-South, North West with none from the South-East.
Dattijo said now that he’s bowing out, the North-Central will now be left with no representation.
He accused the CJN of using this power to his advantage and the detriment of the judiciary.
According to him, Igbo judges were excluded from the Supreme Court bench even though the South-East region is entitled to seats on the bench.
Dattijo stressed that the absence of Igbo judges on the Supreme Court bench has undermined the representation of different ethnic groups in the judiciary and has weakened public confidence in the judiciary.
He noted that “to ensure justice and transparency in presidential appeals from the lower court, all geopolitical 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 envisaged”.
Dattijo noted that Justice Chima Centus Nweze died on July 29, 2023, Justice Sylvester Ngwuta, died on July 7, 2021, and since then, no appointment has been made to fill the vacuum.
“The South East no longer has any presence at the Supreme Court” he said, adding “it has been two years and seven months since the previous justice from the South East died and no appointment was made”.
Dattijo further queried why the vacant position in the Supreme Court has not been filled.
“Also, it was clear ab-initio that I will be leaving the court this day on attaining the statutory age of 70. It is then not in doubt that there has been sufficient time for suitable replacements to have been appointed. This is yet to occur.
“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 Chief Justice of Nigeria and the responsible exercise of the same”, Dattijo said.
Speaking further on the powers of the CJN, he suggested that the absolute powers the office has over the National Judicial Council (NJC), Federal Judicial Service Commission (FJSC), National Judicial Institute (NJI), the Legal Practitioners Privileges Committee ( LPPC) which appoints Senior Advocate of Nigeria, can only breed corruption.
Being the next most senior justice of the apex court before today’s retirement, Dattijo explained that he was like a deputy governor who was not consulted by his principal over any decision.
“As chair of the NJC, FJSC, NJI and LPPC, appointments as council, board and committee members are at his pleasure. He neither confers with fellow justices not 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.