ARIWOOLA EMERGES ACTING CJN AFTER MUHAMMAD IS FORCED OUT
era witnessed several landmark jurisprudential and policy decisions by the Supreme Court and, by extension, other courts established by the constitution.
"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 Muhammad for his modest contributions to Nigeria’s judiciary, the strengthening of our democracy and national development."
Buhari used the occasion to confer on the ex-CJ the second highest national honour of Grand Commander of the Order of the Niger (GCON).
He said, "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 Muhammad, 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)."
Buhari recalled that Muhammad, who was appointed acting CJN on January 25, 2019 and confirmed by the Senate on July 24, 2019, "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 Muhammad 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 president explained that Muhammad's resignation was 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.
Buhari said, "Under a constitutional democracy, like ours, government powers and responsibilities are clearly allocated and shared among the three tiers: the executive, the legislature and the judiciary. The three organs must work harmoniously and optimally in accordance with their respective constitutional mandates.”
On his commitment to separation of powers and the rule of law, the president said, "This occasion is an opportune time for me to, as always, assure the Nigerian judiciary that this administration is committed to ensuring the independence of the judiciary and will not do anything nor take any steps to undermine your independence.
“We shall uphold the constitutional provisions on the rule of law and the principles of separation of powers."
Speaking with newsmen after his swearing in, Ariwoola assured that he would not fail Nigerians in his new assignment.
He said, “What Nigerians expect from me is to comply, preserve and abide and protect the constitution of the Federal Republic of Nigeria. And so be it. That is what I will do, especially, with the cooperation of my brother Justices of the Supreme Court. We shall not fail Nigerians.”
On how he intended to handle the current controversy at the Supreme Court, he said, “There is no controversy in the Supreme Court. We are one with the Chief Justice. That's why you heard the president say His Lordship is disengaging on the grounds of ill-health. No controversy. We’re one.”
Asked about the welfare issues raised in the letter addressed to the former CJN, Ariwoola explained, “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 Chief Justice and presented to him, His Lordship, directly. There were issues to be resolved amongst justices.”
Prodded further on whether those issues would be resolved under his leadership, Ariwoola said, “Yeah, we've started resolving it.”
A Glance at Ariwoola’s Profile
Until his swearing-in yesterday as acting CJN, Ariwoola was the second most senior justice on the bench of the Supreme Court. Born on August 22, 1954, the Oyo State-born justice has been on the bench of the apex court for nearly 11 years, since his appointment on November 22, 2011.
A 1980 law graduate of the University of Ife (now Obafemi Awolowo University), Ile Ife, Ariwoola was called to the Nigeria bar and enrolled at the Supreme Court of Nigeria as a Solicitor and Advocate in July 1981.
Before his elevation to the apex court, he was a justice of the Court of Appeal between 2005 and 2011, after he was elevated from the State High Court of Oyo State. He was first appointed a Judge of Superior Court of record in Oyo State in 1992, from private legal practice.
The new CJN started his educational career at his hometown, Iseyin, at the Local Authority Demonstration School, Oluwole, in Iseyin Local government Area of Oyo State between 1959 and 1967. He was at the Muslim Modern School in the same town between 1968 and 1969, before proceeding to Ansar-Ud-Deen High School, Saki, in Oyo North, Oyo State.
He started his career as a State Counsel on National Youth Service Corps (NYSC) at the Ministry of Justice, Akure, and, later, as Legal Officer in the Ministry of Justice, Oyo State, until 1988, when he voluntarily left the State Civil Service for private practice.
He had worked as Counselin-Chambers of Chief Ladosu Ladapo, SAN, between October 1988 and July 1989, when he established Olukayode Ariwoola & Co, a firm of legal practitioners and consultants, in Oyo town in
August 1989, from where he was appointed in November 1992 as a Judge of Oyo State Judiciary.
He had served both as chairman and member of various boards and tribunals.
Ariwoola was Chairman, Board of Directors, Phonex Motors Limited, one of Oodua Investment conglomerates, between 1988 and 1992; and Chairman, Armed Robbery Tribunal, Oyo State, between May 1993 and September 1996, when he was posted out of the capital, Ibadan, to Saki High Court.
Ariwoola also served on the election tribunals in Zamfara and Enugu states in 1999. He served on the election appeal courts in Port Harcourt, Enugu, Benin, Yola, and Ilorin at various times.
Before his elevation to the Supreme Court, his lordship served as Justice of Court of Appeal in Kaduna, Enugu and Lagos Divisions. He is also a fellow of International Dispute Resolution Institute (FIDRI), having been inducted in Dubai, U.A.E in 2014.
He has attended many international and national conferences and workshops in France, USA, UK, and the UAE.
Ariwoola is married with children.
NBA Links Muhammad’s Resignation to Frosty Relations With Colleagues
The leadership of the Nigerian Bar Association (NBA) said Muhammad's resignation could not be divorced from recent protests by his colleagues on the bench of the apex court over unpleasant conditions.
A statement by NBA President, Mr Olumide Akpata, said while acknowledging the cordial working relationship between the Bar and the Bench during Muhammad's tenure, "It is, however, impossible to consider His Lordship's retirement in isolation of the recent unprecedented developments at the Supreme Court, where 14 Justices of the Court censured the outgone Chief Justice of Nigeria over His Lordship's handling of their welfare and related issues."
Akpata added, "Beyond this, there is near universal agreement that public confidence in the judiciary and, indeed, the legal profession is at an all-time low.”
NBA stated that there was now, more than ever, the need for urgent reforms in the judiciary in order to rebuild the almost dissipated confidence of Nigerians in the judiciary and the wider legal profession in Nigeria. It added that such should form the immediate first tasks for Ariwoola, as he took over the helm of affairs at the apex court.
Akpata stated, "The NBA welcomes the appointment of Justice Olukayode Ariwoola and pledges its readiness to work together with His Lordship and the judiciary in cleansing the Augean Stable and addressing the ills that have continued to plague, not just the judiciary, but the entire legal profession."