29/10/2023
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.
“Such enormous powers are effortlessly abused. This needs to change,” he said, calling for the reduction of the CJN’s powers.
Dattijo added that the continued denial of the existence of this threatening anomaly weakens effective judicial oversight in Nigeria.
Dattijo also called for an inquiry into what the judiciary does with its funds.
“It is instructive to enquire what the judiciary also does with its allocations. Who is responsible for the expenditure? An unrelenting searchlight needs to be beamed to unravel how the sums are expended,” Dattijo said.
He pointed out that N130 billion was budgeted by the former President Muhammadu Buhari for the judiciary but wondered why the welfare of justices and officers is on the decline.
The retired justice faulted the salary arrangement wherein the Chief Registrar “earns N1.2 million per month” while justices “take home N751,000 in a month”.
“That the unjust and embarrassing salary difference between the justices and the Chief Registrar still abides remains intriguing to say the least. Valedictory session after valedictory session lapses and challenges that should be nipped are restated to no avail.
“Why the silence and seeming contentment?,” Dattijo queried.
He faulted the appointment of children of justices as judges, adding the public must not be blamed for criticizing certain developments in the judiciary.
“It is asserted that the process of appointment to judicial positions are deliberately conducted to give undue advantage to the children, spouses and mistresses of serving and retired judges and managers of judicial offices.
“At the Court of Appeal, it is asserted, presiding justices are now being appointed out of turn. And there is the further issue of the unpredictable nature of recent decisions of the courts as well.
“A number of respected senior members of the bar inter alia, citing the Ahmed Lawan, the former President of the Senate and Imo governorship appeals, claim that decisions of even the apex court have become unpredictable. It is difficult to understand how and where, by these decisions, the judicial pendulum swings. It was not so before, they contended.
“In some quarters the view is strongly held that filth and intrigues characterize the institution these days! Judges are said to be comfortable in companies they never would have kept in the past. It is being insinuated that some judicial officers even campaign for the politicians. It cannot be more damnifying!”
According to him, the judiciary he just retired from is way below the standard compared to when he joined the arm of government, calling for urgent judicial reforms.
He appreciated his brother justices for learning from them.
On his part, the CJN, Justice Olukayode Ariwoola, stated that while the Supreme Court is now having the lowest justices in its history (10 instead of 21), Dattijo will be remembered for his intellectual prowess.
“With Justices Musa Dattijo leaving us today after the retirement of Hon. Justice Adamu Amina Augie a few weeks ago, we are now left with just 10 Justices on the Supreme Court Bench; being the lowest we have ever had in contemporary history of the Court.
“However, I can confidently assure all the litigant public that efforts are in top gear to get on board a sizable number of Justices to boost our rank and complement the tremendous effort we have been investing in the business of the Court.."
