From Juliana Taiwo-Obalonye, Abuja
President Muhammadu Buhari has sworn-in Justice Olukayode Ariwoola as the Acting Chief Justice of Nigeria (CJN), following the resignation of Justice Ibrahim Tanko Muhammad on health grounds.
The short ceremony was held at the Council Chambers of the State House.
The President who praised Tanko for his contribution, also conferred on him GCON (Grand Commander of the Order of the Niger).
The President urged the Judiciary not to fail Nigerians so as not to lose confidence in them.
He said: “I want to admonish the Justices of the Supreme Court to always remain faithful and bear true allegiance to the Federal Republic of Nigeria, and to remain steadfastly committed to the Oath of Allegiance which they all subscribed to, as contained in the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“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.”
Buhari assured the Judiciary that his administration is committed to ensuring the independence of the Judiciary and will not do anything nor take any steps to undermine it independence.
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“We shall uphold the Constitutional provisions on the Rule of Law and the principles of Separation of Powers”, he assured.
President Buhari who said he was swearing in Ariwoola, as nature abhors a vacuum, and being the next most Senior Justice of the Supreme Court, in an Acting Capacity, pursuant to Section 231(4) of the 1999 Constitution (as amended).
According to Buhari, Tanko, who was appointed to the Supreme Court in 2006, sworn in on the 8th of January 2007, and became the Chief Justice of Nigeria in an acting capacity on 25th January 2019 and became the substantive Chief Justice of Nigeria and Chairman National Judicial Council on Wednesday, 24th July 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 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.
“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.”
Buhari noted that Nigeria’s Judiciary under the leadership of Tanko judiciously exercised the Judicial powers of the Federation.
“His era witnessed several landmarks, jurisprudential and policy decisions by the Supreme Court, and by extension other Courts established by the Constitution”, Buhari said.
The President added that the former CJN 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.”
Buhari 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 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).”
Meanwhile, Ariwoola has assured that he would not fail Nigerians in his new assignment.
According to him, “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 intends to handle the controversy in 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, he said: “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.”
Asked if those issues would be resolved under his leadership, he said: “Yeah, we’ve started resolving it.”