Unveiling the Unspoken: A Judicial Maestro’s Farewell

By Lere Fashola Esq

In a poignant valedictory address, retired Justice Musa Dattijo Muhammad bravely unravelled the intricacies and imperfections within Nigeria's Supreme Court, calling for reform and reawakening the soul of justice. Will Nigeria heed this solemn call? Drawing from his valedictory speech earlier today a the Supreme Court of Nigeria, Lere Fashola Esq. pays tribute to this courageous Jurist as he exits from the Nigerian Bench.

In the hallowed halls of the Nigerian Supreme Court, a distinguished jurist, Justice Musa Dattijo Muhammad, emerged as a beacon of hope for justice seekers. His journey through the corridors of power and the intricate web of Nigeria's judicial system is a testament to a life dedicated to the pursuit of truth, fairness, and equity.

"The judiciary I joined voluntarily is different from the one I am leaving today. Regrettably, our hallowed institution has not remained immune to the taint of corruption. The creeping presence of unethical practices and compromise threatens the very essence of justice that the judiciary upholds. Our noble profession, once a paragon of fairness and equity, has at times fallen victim to the corrosive influence of corruption, eroding the public's trust in our courts and the dispensation of justice. We must acknowledge this reality and work tirelessly to purge this stain from our ranks to reinvigorate the noble essence of the judiciary."

Per Hon. Justice Musa Dattijo Muhammad JSC CFR excerpt from the speech at the   Valedictory Court Session  held in his honour at the Supreme Court of  Nigeria, Abuja, on Friday the 27th day of October 2023

A Humble Begining

Born and raised in Limawa, a quiet provincial town that would later become the capital of Niger State, in 1953, Justice Muhammad's early life was steeped in the traditions of his ancestors. His paternal great-grandfather, Adamu, was a cattle and kola nut trader who traversed the vast expanse between Kano State and Oyo State. It was a life marked by arduous journeys on foot and stopovers in towns like Bakane and Daband, and it laid the foundation for young Musa's unwavering determination.

Musa's mother, Hafsatu, defied fate to protect her son. Her earlier children had perished in a tragic sequence of losses, and fearing for Musa's life, she chose to settle in Daband, far from their ancestral home. Her resilience and maternal instincts shaped the destiny of a young man destined for greatness.

As Musa's journey continued, he joined the labour force, participating in the construction of the rail line from Minna to Barn, and further southward to Lagos. His life was a testament to the power of hard work and resilience in the face of adversity.

Justice Muhammad's educational journey culminated in a degree in Law from Ahmadu Bello University in 1976. Soon after, he embarked on his judicial career, serving with dedication and distinction. His rise within the Nigerian judiciary was nothing short of meteoric, eventually ascending to the esteemed position of Justice of the Supreme Court.

"Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves or your parents or your kin, be he rich or poor, Allah is a Better Protector to both. So follow not the lusts of your hearts lest you may avoid justice, and if you distort your evidence or refuse to give it, verily Allah is ever well acquainted with what you do." (Quoting Chapter 4 (Nisa) Verse 135 of the Holy Quran)

However, it was during his valedictory speech that Justice Muhammad truly shone as a torchbearer of the Nigerian judiciary. In a moment of reflection on his 47-year-long career, he confronted the pressing issues plaguing the quality of judgments in the Supreme Court, urging the need for sweeping reforms.

His powerful call for reforms revolved around several critical points:

Transparency in Appointments

Justice Muhammad decried the growing influence of political interests and nepotism in judicial appointments. He longed for the return of a merit-based system where integrity, honour, and competence are the guiding principles for selection.

"Children and other relatives of serving and retired judges and justices are being appointed into judicial offices at the expense of more qualified candidates lacking in such privilege and backing. It is asserted that the process of appointment to judicial positions is deliberately conducted to give undue advantage to the 'children, spouses, and mistresses' of serving and retired judges and managers of judicial offices. It is difficult to understand how and where, by these decisions, the judicial pendulum swings. It was not so before, they contend."

Quality of Judgments

The esteemed Justice lamented the unpredictability of recent judgments from the courts. He emphasized that a justice system must provide clear and just decisions without fear or favour, and he called for a return to the guiding principles that once defined the Nigerian judiciary.

Unpredictability of Judicial Pronouncements

Justice Musa Dattijo Muhammad underscored the alarming lack of predictability in judicial pronouncements, emphasizing the urgent need for a comprehensive reevaluation of the judiciary. He expressed concern over the loss of public trust resulting from unpredictable judgments and made critical observations about nepotism in the appointment of judicial officers. He addressed allegations of favouritism in the selection process, citing instances where relatives of serving and retired judges appeared to receive preferential treatment for judicial positions over potentially more qualified candidates. Justice Muhammad pointed out the irregular and out-of-turn appointments of presiding Justices at the Court of Appeal, adding that recent judicial decisions have become more erratic and unpredictable. He drew attention to the comfort judges seem to have in current political circles, raising concerns that some may be aligning themselves with politicians, tarnishing the integrity and independence of the judiciary. His reflections spanned notable incidents that had shaken public confidence in the judiciary, including the forceful entry and arrest of justices in 2016, the 2019 arrest and arraignment of the Chief Justice, and the internal disputes among the Supreme Court justices in 2022, all of which collectively compromised the impartiality and integrity of the judiciary.

"When you follow a concept, consider what would lead you to withdraw your support. If the answer is nothing, your integrity is in jeopardy. Your highest loyalty belongs to principles, not concepts. No concept deserves unconditional love. Commitment is earned through character." - Adam Grant

Depletion of Supreme Court Justices

Justice Muhammad drew attention to the dire shortage of Supreme Court justices, particularly at a time when the court is inundated with election petitions and other cases. He emphasized the need to fill vacancies promptly to ensure a functioning judicial system.

Supreme Court's caseload and the politics of Judicial Appointments

Justice Musa Dattijo Muhammad addressed the critical issues surrounding the Supreme Court's caseload and the delay in the appointment of justices from various regions. He emphasized the overwhelming backlog of cases that inundate the Supreme Court, primarily consisting of civil and criminal appeals that have remained pending for years, leaving litigants in a state of perpetual uncertainty. Expressing his concern, he highlighted the absence of representatives from certain geographical zones due to the delay in appointing new justices, particularly mentioning vacancies in the North Central and South East regions. Noting the void left by retired or deceased justices from these areas, he underscored the necessity for fair representation, especially in cases of national importance, to maintain the balance and democratic integrity of the judiciary. His speech revealed the deliberate delay in filling these vacancies, which appeared to be linked to the concentrated powers within the office of the Chief Justice of Nigeria, contributing to the systemic inequities and case backlogs. Moreover, Justice Muhammad echoed the late Hon. Justice Mustapha Akarthi's perspective on the impact of poor funding and inadequate conditions of service on the mindset and productivity of judges, emphasizing that these adversities could hinder the quality of judicial decisions and obstruct the pursuit of justice.

"Appointments should not be polluted by political, selfish, and sectional interests. The place of merit, it must be urged, cannot be over-emphasized. Public perceptions of the judiciary have over the years become witheringly scornful and monstrously critical. The judiciary has been severely vilified with the Apex Court so denigrated and called by a social commentator as a voter gauntlet of useless purchasable bandits."

Funding and Independence

The Justice questioned the allocation and utilization of funds within the judiciary. He highlighted the disparity in salaries between judges and other court officials, calling for a fair and just remuneration system.

On the Financial Disparities and Concerns within the Judiciary: "The Chief Registrar of the Supreme Court earns more than the Justices. While the Chief Registrar earns N1.2 million per month, justices take home N751,000 in a month. The salary of a Justice drops rather than increases when he gets the added responsibility of being a Chief Registrar. That the unjust and embarrassing salary difference between the justices and the Chief Registrar still abides remains intriguing to say the least."

The essence of his valedictory speech was a clarion call to action—a plea to rejuvenate the judiciary and ensure that it continues to stand as a pillar of justice and fairness in Nigeria. Justice Musa Dattijo Muhammad's legacy is etched in his unwavering commitment to justice, his dedication to reforms, and his call for the restoration of ethical values in the Nigerian judiciary.

As we reflect on the life of Justice Musa Dattijo Muhammad, his remarkable journey from the quiet streets of Limawa to the Supreme Court of Nigeria, we are reminded of the power of one individual to make a difference. His valedictory speech serves as a rallying cry, urging all stakeholders to unite in the pursuit of a more just and equitable legal system for Nigeria.

Justice Musa Dattijo Muhammad's valedictory speech echoed a plea for a renaissance in the Nigerian judiciary. It wasn't merely a farewell; it was a passionate entreaty for systemic overhaul and a return to the fundamental principles that underpin a fair and impartial legal system.

"The duty to revive the institution remains a corrective one. We must persist."

Throughout his tenure, Justice Muhammad demonstrated an unwavering commitment to upholding the rule of law and dispensing justice equitably. His quest for reforms wasn't just a professional obligation but a reflection of his values, shaped by his life experiences and the wisdom accumulated over nearly five decades in service.

His childhood in Limawa, marked by tales of resilience, perseverance, and the ethos of fair dealings passed down through generations, formed the bedrock of his integrity and principles. His unwavering pursuit of justice was inextricably linked to these humble origins.

His recommendations for reforming the judiciary were a culmination of experiences, observing the highs and lows of the system, and a deep understanding of its intricacies. He longed for a return to a merit-based appointment system, driven by competence and devoid of political influences. His concerns over the diminishing number of Supreme Court justices highlighted the pressing need for prompt appointments to ensure an efficient legal system.

Furthermore, his emphasis on the quality of judgments underscored the necessity of a consistent, transparent, and predictable legal framework. He called for fair compensation for judges and an impartial allocation of resources within the judiciary to sustain its independence and integrity.

Justice Musa Dattijo Muhammad's valedictory speech encapsulated a career dedicated to the noble pursuit of justice and a heartfelt desire to see the Nigerian judiciary flourish. His vision transcended the courtroom; it extended to the future of Nigeria, where a robust legal system stands as a cornerstone of democracy, equality, and progress.

As he stepped away from his illustrious judicial career, Justice Muhammad's legacy continued to resonate—a legacy etched not only in his judgments but also in his impassioned plea for change. His parting words were not of resignation but of hope, a fervent belief that the judiciary can rise above its current challenges, guided by the enduring values of fairness, impartiality, and integrity.

In the annals of Nigeria's legal history, the valedictory speech of Justice Musa Dattijo Muhammad stands as a clarion call for transformation, an invitation to reshape the narrative of the country's judiciary and ensure that justice remains the cornerstone of a society's progress and prosperity.

"This is how a society goes down the drain really quickly: first overlook evil, then it permits evil, then it legalizes evil, then it promotes evil, then it celebrates it and then persecutes those that still call it evil."

The Weighty Responsibilities Vested in the Chief Justice of Nigeria and the potential for abuse

Throughout his valedictory address, Justice Musa Dattijo Muhammad brought attention to the weighty responsibilities vested in the Chief Justice of Nigeria and the potential for abuse that such consolidated powers might incur. He astutely noted that holding the chairmanship of multiple crucial bodies, including the National Judicial Council (NJC), Federal Judicial Service Commission (FJSC), National Judicial Institute (NJI), and the Legal Practitioners Privileges Committee (LPPC), solely within the purview of the Chief Justice of Nigeria posed a concerning risk of absolute power.

His contemplation highlighted the inherent vulnerability of concentrating such formidable authority within a single individual. With the unchecked ability to make appointments and decisions without consulting fellow justices or seeking their counsel, Justice Muhammad expressed his concerns about the potential for this arrangement to be susceptible to abuse. He emphasized the need for a more collaborative, consultative approach in the decision-making processes governing these essential bodies.

His insights into the unchecked powers wielded by the Chief Justice underscored his commitment to systemic reforms aimed at preventing the abuse of authority within the Nigerian judiciary. His reflections were not merely a critique but a compelling call for the redistribution of powers, advocating for a more decentralized and consultative approach, steering the judiciary away from the vulnerability of absolute power in the hands of one individual.

In his valedictory speech, Justice Musa Dattijo Muhammad's contemplation on the powers and responsibilities of the Chief Justice of Nigeria represented not just a cautionary observation but an earnest plea for a reformation that would ensure transparency, fairness, and institutional balance within the Nigerian judiciary. His vision was one of a judiciary where power is shared, decisions are consultative, and the institution operates with collective wisdom, upholding the core values of justice and equity.

This concern highlighted the vulnerabilities within the judiciary, emphasizing the need for a restructured, more consultative approach. Justice Muhammad, with his wealth of experience, foresaw the potential consequences of unchecked power and aimed to safeguard the Nigerian judiciary against such risks.

With his profound understanding of the complex legal landscape and the challenges facing the judiciary, Justice Muhammad's proposal for change was not a call to dismantle the existing order but rather a plea for recalibration. His suggestions aimed at reform were an invitation for a more balanced and collaborative system that could ensure the enduring impartiality and integrity of the Nigerian judiciary.

As Justice Muhammad stepped away from the bench, his speech remained not just a farewell but a blueprint for a more equitable, fair, and transparent judicial system. His words, laced with the wisdom accrued from years spent in the service of justice, stand as a testament to the unwavering commitment to a better and more just future for Nigeria's legal domain.

In conclusion, Justice Musa Dattijo Muhammad's valedictory speech resonates far beyond the hallowed chambers of the Nigerian Supreme Court. It stands as an enduring testament to the unwavering commitment of a visionary jurist, a clarion call for transformative reforms, and a testament to the enduring strength of one man's conviction in the pursuit of a more just society.

His life's narrative, etched against the backdrop of humble beginnings in Limawa and marked by a journey of resilience and fortitude, exemplifies the ethos of fairness, integrity, and diligence. It is a testament to the impact one individual can wield in shaping the course of an entire institution and, by extension, a nation.

Justice Muhammad's impassioned plea for change within the Nigerian judiciary was not merely a farewell speech; it was a symphony of hope, an echo of the desires of millions seeking justice and fairness. His recommendations for reform, drawn from a life dedicated to justice, were an invitation for all to stand in unison, to breathe life into a new era of integrity and equity within the legal fabric of Nigeria.

As we navigate the complexities of a society seeking justice and balance, Justice Musa Dattijo Muhammad's valedictory address serves as a lighthouse, illuminating the path toward an equitable future. It reminds us that reform isn't just a matter of policy; it's a collective responsibility—a duty for every stakeholder, every citizen, and every member of the legal fraternity.

The legacy of Justice Muhammad endures, carried on the wings of his unyielding dedication to justice, fairness, and ethical rectitude. It’s a legacy that implores all to actively participate in the transformation of the judiciary, to uphold the virtues of transparency, fairness, and balance.

May his vision for a reformed and ethically sound Nigerian judiciary continue to ignite the flames of change, inspiring every individual to stand as a custodian of justice, ensuring that the scales of fairness remain unwavering in a world that hungers for equity and truth.

Justice Musa Dattijo Muhammad's story is not just a tale of a legal luminary; it is an anthem of hope for a nation seeking a brighter, more equitable future. In his parting words lies an invitation for every reader, every citizen, and every custodian of justice to echo the chorus of reform and lead Nigeria into an era where the judiciary stands as an unwavering beacon of fairness and equality.

As his words fade, let them be etched into the conscience of a nation, a reminder that the pursuit of justice, reform, and ethical rectitude isn't just a dream—it's a destiny waiting to be fulfilled by the collective will of an entire nation.

As the Hon Justice Musa Dattijo Muhammed JSC CFR steps out of the Nigerian Supreme Court today, his legacy reminds us all that we have to be the architects of a just, equitable, and promising future for the Nigeria of our dreams.