President Muhammadu Buhari has revealed the real reason
Justice Tanko Muhammad retired suddenly as the chief justice of Nigeria.
At the swearing in of Justice Olukayode Ariwoola as acting
CJN, Buhari attributed Muhammad’s resignation to ill-health.
“Ordinarily, he 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”,
Buhari said.
This version contradicted earlier reports that the retired
justice was forced out because of ‘corruption’ allegations.
Read Buhari’s speech:
Earlier today, I received a letter from the Honourable
Justice Dr. I. Tanko Muhammed, CFR, resigning his position as Chief Justice of
Nigeria and Chairman of the National Judicial Council, on health grounds. The
resignation is to take immediate effect!
CJN Tanko was appointed to the Supreme Court in 2006, sworn
in on the 8th of January 2007, and became the Chief Justice of Nigeria in
acting capacity on 25th January 2019. He became the substantive Chief Justice
of Nigeria and Chairman National Judicial Council on Wednesday, 24th July 2019.
Ordinarily, he 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
contain 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.
Nigeria’s Judiciary under the leadership of Chief Justice of
Nigeria Tanko Muhammed judiciously exercised the Judicial powers of the
Federation. His 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 Muhammed for his
modest contributions to Nigeria’s Judiciary, the strengthening of our democracy
and national development.
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).
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.
In the circumstances, and as nature abhors a vacuum, I
hereby invite Honourable Olukayode Ariwoola JSC, being the next most Senior
Justice of the Supreme Court, to come forward to take the Judicial Oath as
Chief Justice of Nigeria in an Acting Capacity, pursuant to Section 231(4) of
the 1999 Constitution (as amended).
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.
Thank you and may God bless the Federal Republic of Nigeria.
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