Like many of his predecessors, the most recent being former Chief Justices Walter Onnoghen and Muhammadu Tanko, incumbent Kayode Ariwoola came into office without any cognate administrative and management experience, within the system. They never led any court at federal level, were never Chief Judge of their states and not more than presiding justice of an appellate division, before providence sashayed them into succession line of the Supreme Court, which is still strictly by seniority of appointment and pronto, fate put them in office, to lead a whole arm of government. They were likely to stumble and all, stumbled, including the incumbent, whose reign, is gradually becoming crisis-ridden.
Until this appointment arrangement is reworked, future inexperienced CJNs will still stumble and the ugly circle, will continue, just like any organization being steered by an inexperienced hand, in the middle of a storm.
There are two suggestions to fix this anomaly of always having an inexperienced CJN directing the affairs of the arm of government. One, is for the federal lawmakers in the coming National Assembly to make a sitting President of the Court of Appeal an automatic consideration for the CJN seat, by way of statutory promotion. The seniority-by-succession arrangement at the Court of Appeal can be retained, now making the intermediate court the training ground for future CJNs. This arrangement will strengthen the Court of Appeal and the desperation to migrate to the apex court, will at least, simmer. Right now, everyone wants to exit appeal court as quickly as possible to have enough service years, to be in Supreme Court succession line. This scheming, has almost hollowed-out the appeal court, seriously devaluing its quality.
If the sentiment to retain the Supreme Court as the ultimate career prize is still strong, then the most senior justice of the apex court, who is also the crown prince, should be promoted beyond the vice-chairmanship of the National Judicial Council. He or she, should be handed more day-to-day running of the system, through the NJC, as the umbrella body for the Judiciary. In so doing, the crown prince, would have been acquitted with the nuances of running the system, knowing where to go, when and how. If there are mistakes to be made, this “apprentice” stage, would be a better time, when all eyes are yet on him or her.
This isn’t saying the Secretary of the Council, who is the chief accounting and admin officer of the system, should be relegated. While the CJN will still be the chairman of the Council, the next-in-line, should be more like the alternate chair. In an event where the most senior Justice and NJC’s vice chairman isn’t the crown prince as we currently have in Justice Muhammad Musa Dattijo, who as number two, won’t be number one, before retiring on 27 October this year, Justice KudiratKekere-Ekun, the current number three, who will be number one 22 August, 2024, when Ariwoola retires, should be well-involved now and not wait for Dattijo to leave, before she begins to know a thing about how the system really works, as the new vice chairman. Yes, she may have about 10 months to learn, before taking over the CJN seat, but it is obvious that the system, would require extraordinary efforts to ever be credible again in the estimation of ordinary Nigerians and extraordinary steps would have to be taken, to salvage it.
Incidentally, the incumbent is currently doing something close to it with the collegiate leadership he has adopted in running the Supreme Court, alongside his 12 brother-justices, as a way of carrying everybody along, since they jointly got him the office, by jointly heckling his predecessor away. While the “unity” leadership has its advantages, not only that its legality has been queried, having 12 people taking decisions that the CJN would solely be held accountable for, doesn’t sound too sound in reasoning and then, this thing they say about too many cooks.
One major problem that has kept the system down, is the issue of Merit Vs. Seniority and it isn’t at the top level alone. Even at the intermediate levels, this monster of must-be-by-seniority, is seriously robbing the Judiciary of quality personnel and contributions it has been yelling for, for decades.
With all humility, I am close enough to see this within the system. But the systemic problems won’t explain away the personal failings of recent CJNs that cost them and the system, big time.
Onnoghen could have been more trusting of those not from his ethnic groupings and affiliate axis. That doesn’t make him a racist, but he knows what I am inferring. When you get to a top office and start packing yours into sensitive positions which aren’t necessarily vacant when you came in and those being moved out, do not speak your local dialect, you are courting troubles. The printed back-and-forth with a subordinate wasn’t also necessary. When you are the boss and truly in charge, you don’t have to mention it. Some of the details will be in my book.
Tanko was a victim of his unbridled ambition and his children’s disordered desire for wealth. Even for his children’s messy behaviours while he was in office, I will blame him. Which system are you running when your children are running amok all over the place, desecrating “hallowed” places. And reports were getting to him, even when he was number two, of his cantankerous influence-peddling son, always ambushing visitors he assumed to be contractors at the entrance of the apex court and like Eli, he (Tanko) obviously did nothing to rein him in, because, nothing changed. At least, the fellow accosted me once, mistaking me for a Senior Advocate, because of suit and tie, and before I could properly respond to his greetings, regaling me with how he came looking for me at my law office and all of that. I just smiled and walked away. Those guys, including the one that allegedly defrauded an ex-governor, must have seen the naked ambition of their dad to be CJN ahead of his time and how he kept venting it, remorselessly pursuing Onnoghen, until he and Villa found a pitfall, to bury him.
There is no human without a downside, that is why Jesus says we can’t sit in judgement over anyone, because you will be compelling heavens to judge your work with the same measure with which you have judged the other fellow. CJNs are human, though the system they run, has been handed the power of life and death over man, by those who designed it. My honest take is that the knowledge of law, can never be enough, to exercise such a humongous power and delicate responsibility. When God delegated that responsibility in the Bible, it was to His priests, prophets and ministers. They were the characters referred to as judges in the Book of Judges. Even when Israel began to have kings, they were still God-chosen. Without the fear of God which the Bible says is the beginning of wisdom and which can only be instilled by the Holy Spirit, any human, regardless of status and office, can be below animals in reasoning and conducts.
Imagine a governor stuffing dollars into his cap, when his office gives the latitude to conduct the inglorious act, in a more dignified way.
But a better-reformed system can beat back an average errant fellow, because man essentially fears sure retribution, especially when it involves losing life. In Job chapter 2, Satan replied God concerning Job, “A man will give all he has for his own life”, and I add, including illicit wealth.
In the remaining days of the Buhari presidency, all equations will change if today, the president tables death request before the National Assembly for all corrupt practices. But he hasn’t got the balls. He doesn’t even act like a General again and sure, doesn’t look one, anymore. Maybe, he shouldn’t have returned as civilian president. But maybe, someday, someone, who isn’t a General, but a revolutionary, will, do the needful. If you ask what I will do if Nigerian president for 24 hours, now you have it, without a bother about the moratorium preachment of the hypocritical West.
For Justice Ariwoola, the word today is hmmmmmmm.
Will return after he is done adjudicating the 2023 elections, to say what I know and where I believe is his place in history.
READ ALSO FROM NIGERIAN TRIBUNE
