President Muhammadu Buhari has on Monday administered the oath of office on Justice Olukayode Ariwoola as the acting Chief Justice of Nigeria (CJN), after, the outgone Chief Justice of Nigeria (CJN) Tanko Muhammed had bowed to pressure and resigned his position after 14 other Supreme Court Justices had on June 20 written a protest letter to the then CJN Tanko, lamenting the difficulties they were facing in carrying out their duties.
The swearing-in of Ariwoola, the next most senior in the hierarchy of the Supreme Court, as the new CJN is coming after Justice Tanko Muhammed tendered his resignation letter on health ground.
Justice Ariwoola was born on Aug. 22, 1958 and appointed a Justice of the Supreme Court of Nigeria in 2011.
He was appointed a Justice of the Supreme Court in 2011. He was a Justice of the Court of Appeal between 2005 and 2011 after having been elevated from the State High Court of Oyo State.
Justice Ariwoola was first appointed a Judge of Superior Court of record in Oyo State in 1992 from private legal practice.
Ariwoola will retire by 2028, served as Justice of Court of Appeal in Kaduna Enugu and Lagos Divisions before his elevation to the Supreme Court.
This is coming against the backdrop of protests by 14 Justices of the Supreme Court to the CJN, lamenting the perilous state of affairs in the court.
Muhammad was first appointed in January 2019, after President Muhammadu Buhari suspended Chief Justice Walter Onnoghen over allegations of false declaration of asset before his tenure in the acting capacity was extended by three months in April, same year.
The protest letter by the justices had recorded the operational challenges that have almost crippled the efficient adjudication of cases at the court.
The aggrieved justices led by the second most senior judge of the Supreme Court, Olukayode Ariwoola, listed the issues to include: vehicles, electricity tariff, supply of diesel, Internet services to Justices’ residences and offices, and as well epileptic electricity supply to the court.
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.”
The letter indicated some justices who were sworn in two years ago, lack residential accommodation at the court.
“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.
On the issue of overseas training, the CJN was accused of globetrotting with his “spouse, children and personal staff,” while depriving the rest of the judges of the Supreme Court of such. On two occasions when the judges travelled overseas for the training, they said, they were not allowed to go with an assistant as it used to be under previous administrations.
“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 altercations between the Chief Justice of Nigeria (CJN), Tanko Mohammed and Supreme Court Justices did not go down well with the senate as it urged its Committee on Judiciary, Human Rights and Legal Matters to Investigate the matter with the aim of resolving it.
While swearing-in on Justice Olukayode Ariwoola as the acting Chief Justice of Nigeria (CJN), the State House, Abuja, President Buhari surprisingly expressed regrets over Tanko’s resignation before his actual due date, Buhari said “Ordinarily, he (Tanko) was scheduled to retire from the Supreme Court on the last day of 2023.
“Unfortunately, as no man is infallible, ill-health has cut short Chief Justice Tanko’s leadership of the Nigerian Judiciary at this time.
“I am therefore constrained to accept his retirement, albeit with mixed feelings. Much as one may wish that the Chief Justice of Nigeria Muhammed Tanko is able to fully serve his term in office, it presupposes that he is able to perform the functions of the Office without let, hindrance or any form of disability.
“The instant resignation of Justice Tanko is however envisaged under Section 231(4) of the 1999 Constitution as amended which contains provisions relating to vacancy and the occupant of the Office of Chief Justice of Nigeria being unable to perform the functions of the Office for any reason.’’
While expressing that Nigeria’s Judiciary under the leadership of Mr Tanko judiciously exercised the judicial powers of the Federation, he alluded that Tanko’s era witnessed several landmark, jurisprudential and policy decisions by the Supreme Court.
“CJN Tanko dealt firmly with the issue of reckless and indiscriminate grant of ex-parte Orders that was assuming serious dimensions.
“History will be kind to Justice Tanko Muhammed for his modest contributions to Nigeria’s Judiciary, the strengthening of our democracy and national development,’’ President Buhari added
“Our Nation is approaching a critical general election in 2023, the Judiciary must not do anything to fail the ordinary people of Nigeria which may make them lose confidence in the Judiciary,’’ he said.
Finally, President honoured Tanko Muhammed with the Grand Commander of the Order of the Niger, (GCON).
“In line with the custom of decorating Chief Justices of Nigeria with the second highest national honour of the Grand Commander of the Order of the Niger, (GCON), and upon the advice of the Council of State in that regard, as his Lordship CJN I. Tanko Muhammed is taking a bow from the Supreme Court, I hereby bestow on him the National Honour of the Grand Commander of the Order of the Niger, (GCON).
“In the circumstances, and as nature abhors a vacuum, I hereby invite Honourable Olukayode Ariwoola JSC, being the next most Senior Justice of the Supreme Court, to come forward to take the Judicial Oath as Chief Justice of Nigeria in an Acting Capacity, pursuant to Section 231(4) of the 1999 Constitution (as amended),’’ Buhari said.
Justice Olukayode Ariwoola responding after his new appointment said “What Nigerians should expect from me is to comply with, preserve, abide by and protect the constitution of the Federal Republic of Nigeria – that is what I will do essentially with the cooperation of my brother Justices of the Supreme Court.
“We shall not fail Nigerians.”
Speaking on the purported controversy that engulfed the Supreme Court which was claimed to have occasioned the resignation of Tanko Muhammed, Ariwoola said “There is no controversy in the Supreme Court, we are one with the Chief Justice and that is why you heard the President say, His Lordship Justice Ibrahim Tanko is disengaging on the grounds of ill health.
“It was an internal memo of the court; it was not a petition, it was not a letter. It was addressed by the brother-Justices of the Supreme Court and presented to his Lordship directly.
“They were issues to be resolved among Justices and we have started resolving them,” he said.
