Beyond The Resignation Of Tanko Muhammad -By Abiodun S. Adesanya

It is no longer news that there is now a new wave in the third tier of the government as Hon. Justice I. Tanko Muhammad has resigned as the Chief Justice of the Federation. It is on record that the rationale for his resignation is on the ground of an undisclosed ill health. President Buhari has therefore sworn in Hon. Justice Olukayode Ariwoola as the Acting Chief Justice of the Federation in accordance with Sc. 231 of the 1999 Constitution.

However, there has been divergent opinions by the populace, especially among lawyers, that Mr. Tanko’s resignation is not disconnected from the leaked memo issued unanimously by the current 14 Justices of the Supreme Court of Nigeria decrying the precarious state of their welfare as well as alleged administrative inefficiency of the now out-gone Chief Justice. This novel snarl is outrightly unprecedented in the 59 years of the apex court. Judges are generally perceived to be the most conservative in the legal profession. Thus, if Judges could protest in black and white for any reason against the leadership of the Judiciary, one could only wonder the worrisome state of the last hope of the common man.

Barely a week after the protest letter, however, Hon. Justice I. T. Muhammad left the scene. This is what actually got my attention. I firmly believe that, however debatable the reason for his resignation could be, the fact that he resigned on the ground of ill health is commendable enough. Sc. 231 provides how and why a CJN could vacate the office. The brave step taken by Mr. Tanko is not only unprecedented, but praiseworthy. Nigeria is a country that almost anything goes for nothing by our leaders, especially those in the executive and legislative arms of government. Overtime, the President, Governors, Chairmen and those at bureaucratic institutions are been alleged for either misconducts, corruption or administrative incompetence. How many of them have resigned on these grounds? This further speaks a lot on the difference between Nigeria and what’s obtainable in other clime of the globe.

We are at the crossroad. This is a time for sober reflection. Our leaders must begin to learn from the brave action taken by Hon. Justice I. Tanko Muhammad (rtd.) by leaving the stage when the ovation is still high, rather than waiting until anti-graft agencies start chasing them all around or they being disgracefully forced to leave office.

Respectfully, Tanko’s administration recorded some successes. However, this is not to make mention that there are no allegation of corruption and inefficiency during his tenure as CJN. Our memories are still fresh on the questionable removal of Tanko’s predecessor, Hon. Justice Samuel Walter Onnoghen, who was removed by a Code of Conduct Tribunal. The political infiltration of the Tribunal in Onnoghen’s removal is still a stain in the fabric of our judiciary. Could the ‘ghost’ of Onnoghen have chased Tanko? Would Tribunal, EFCC, ICPC or other relevant law enforcement agency look into the allegations levied against Justice Tanko? Or since he has honourably resigned, would those allegations be simply swept under the carpet?

From the Faculty of Law, OAU
abiodunsamuel252@gmail.com
June 28, 2022