‘Why I rejected appointment as Supreme Court judge’
Dr. Aliyu Alarape Salman (SAN), a life bencher, is the Doyen of Senior Advocates of Nigeria (SANs) in Kwara State, the fourth oldest SAN in the North, 56th in Nigeria and, according to him, the first SAN produced by Ahmadu Bello University, Zaria. He was called to the Nigerian Bar in 1968, conferred with SAN rank in 1987. The legal luminary shares his experience with our correspondent. Excerpts:
With over four decades at the Bar, how has it been? I was appointed by Hon Justice Bello as a senior advocate when he was Chief Justice of Nigeria. I was appointed by Justice Uwais to become a member of Council of Elders and also a life bencher. These are the bodies that appoint lawyers. I’m lucky that two of my children, a male and a female, are lawyers.
Would you say you are fulfilled as a lawyer?
As a Muslim, I want to say I’m very thankful to God that I have achieved an ambition. In fact, they even wanted to appoint me as a Judge of Kwara State, but I declined. Also, when I was 68, they also wanted to appoint me into Supreme Court, I declined. I told them that ‘I am not qualified’. They asked what I meant by not being qualified. I said I’m not qualified because I’m happy with my work as senior advocate. When Chief Rotimi Williams was 82, he was still practicing. In fact, we met at the Supreme Court when he was 82. So, I’m hoping that if I’m lucky I will also be going to court at 82. But if I’m appointed as judge at the Supreme Court at 68, a judge retires at 70 in the Supreme Court. So, I would just be there for two years. But, people in Kwara judiciary were not happy that I didn’t take the job. If I had gone to Supreme Court, I would find it difficult again to practice after retiring as a judge.
Did you see any difference from the time you started practicing as a lawyer and now?
I don’t see much difference. Like for example, I had the opportunity of being invited to the Constitution Review Committee many years back. In law, there is always an amendment to what you do. I was recruited about 17 years ago to be handling a number of cases for Independent National Electoral Commission (INEC). I still work for INEC. For penultimate year’s election, I was in Ibadan and Lagos, but this year I’m handling two cases, for Senatorial and House of Representatives, in Ilorin here. Certainly, there has to be some differences and that is why we have amendments. So, there are changes. Now, unlike before, when I was in Sokoto as a state counsel, the Supreme Court was in Lagos. When we have cases at the Supreme Court, I would have to go by road and I used to drive myself. As a state counsel, I could not afford a driver. Now, because of old age, I was 72 last November, if I have a case in Lagos I go by air. I do not think I will ever go to Abuja by road except if I have anything to do on my way before getting to Abuja. So, a change now is the system of movement.
How would you assess the present crop of lawyers?
I’m a life bencher, if one wants to become a lawyer I’m one of the people who can sign the form after passing the Law School’s examinations. I have seen that the development of the country affects the practice.
The appointment of SAN is believed to be politicised, do you share this sentiment?
No. I don’t. For the appointment of SAN, one will have to produce judgments of the Supreme Court and then in the Court of Appeal. I can’t remember now but there are required numbers of judgments you must have gotten from various degrees of courts. Then, there has to be some referees to back you up. Judges of the Supreme Court also have to write about you. But, to become a lawyer, you are only required to graduate and pass Law School examinations and when the result comes out, they have to present to the Legal Profession Privileges Committee to endorse. But to be a senior advocate, you have to produce your judgment in the Supreme Court and Court of Appeal.
We have the penal code in the North and criminal code in the South. Do you support the harmonisation of the two systems?
No, I don’t support that. The system should be sustained. Penal code takes into account the fact that there are certain offences in penal code which are offences in Islam and not offences in any other religion.
What is your take on the state of the nation?
I think there is hope for us. When Buhari came, one thing he did that impressed some of us is that he cut his salaries and allowances and I am told now that some petrol stations sell petrol N87 per litre. Here in Ilorin, I bought petrol N150, N145, N130 but the price has come down. The last I bought was N100. Luckily, it was Buhari who did all the refineries we have in the country and he has given indication that he would not appoint a petroleum minister. I think this also gives us hope. So we should cooperate with him. With him in charge, there is hope. I remember he appointed me as Chairman of African Petroleum (AP) when he was head of state on the recommendation of late General Tunde Idiagbon who happened to be my friend.
What about the issue of corruption in that sector?
If we cooperate with him, I am sure the problem would be solved. It is some individuals who are responsible for the crisis we are experiencing in the country. Government has said there is a lot of fuel in our stock.
Corruption is said to have eaten deep into the judiciary, how can we address that issue?
If you say there is corruption, those who say that should prove it. I am happy the chief justice of Nigeria has made it clear he is not going to spare anybody that is indicted for criminal offence. So, if you say somebody is corrupt, you must be able to produce evidence against the person because our law and the Constitution say that everybody is innocent until the contrary is proven. What is your advice to young lawyers? My advice to young lawyers is that they should be determined. They should work very hard not only in the law school, they should work very hard and try to be of help to people. There is nothing wrong if you are a young lawyer to go to an elder for an advice and I am sure the older lawyers, especially those of us who are in privileges committee, would be of assistance to you.