Chief Justice Of Nigeria Too Powerful – Retiring Justice

A retiring member of the bench at the Supreme Court, Justice Musa Dattijo, has said that the power vested in the Chief Justice of Nigeria is too much, adding that the CJ has both the final and the only say in judicial-related matters.

Justice Dattijo said the CJN has the power to appoint 80 per cent of members of the council and 60 per cent of members of FJSCNJI and LPPC.

Justice Dattijo who spoke during the valedictory session held in his honour on Friday in Abuja, said the CJN is Chairman of the National Judicial Commission which oversees both the appointment and discipline of judges.

He added that the CJ is equally the chair of the Federal Judicial Service Commission, the National Judicial Institute, and the Legal Practitioners Privileges Committee that appoints Senior Advocates of Nigeria, advising that the
functions of the body should not rest on an individual alone.

He said the CJN neither confers with fellow justices nor seeks their counsel or input on any matter related to these bodies.

Dattijo said, “As presently structured, the CJN is Chairman of the National Judicial Commission which oversees both the appointment and discipline of judges. He is equally the chair of the Federal Judicial Service Commission, the National Judicial Institute, and the Legal Practitioners Privileges Committee that appoints Senior Advocates of Nigeria.

“My considered opinion: the oversight functions of these bodies should not rest on an individual alone. A person with absolute powers, it is said, corrupts easily and absolutely.

“As chair of the NJC, FJSC, NJI, and LPPC, appointments as council, board, and commitment members are at his pleasure. He neither confers with fellow justices nor seeks their counsel or input on any matter related to these bodies; he has both the final and the only say.

“The CJN has the power to appoint 80 per cent of members of the council and 60 per cent of members of FJSC. The same applies to NJI and LPPC.”

Speaking further, he said such enormous powers are effortlessly abused.

He called for a change in the current system, warning that the
Continued denial of the existing anomaly weakens effective judicial oversight in the country.

“This needs to change. Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country. Appropriate steps could have been taken earlier to fill outstanding vacancies in the apex court.

“Why have these steps not been timeously taken? It is evident that the decision not to fill the vacancies in the court is deliberate. It is all about the absolute powers vested in the office of the CJN and the responsible exercise of the same,” he added.