The Senate has confirmed the nomination of Justice Ibrahim Tanko Muhammad as substantive Chief Justice of Nigeria (CJN).
This followed his screening by Committee of the Whole on Wednesday and subsequent confirmation at plenary.
The screening lasted for about two hours where the jurist answered questions from lawmakers bothering on his vision for the Judiciary and other challenges facing the arm of government.
With this confirmation, Muhammad becomes the 16th CJN since Nigeria’s Independence in 1960.
Speaking during his screening, Muhammad admitted that there is corruption in the Judiciary, especially at the lower courts. He advocated for stringent laws against corruption to serve as deterrent to others, saying: “Corruption happens more at the lower courts than in higher courts”.
He cited an instance in the 1980s in Bauchi, where a court registrar granted bail to a suspect against his order at a magistrate court that he be detained.
Speaking on the state of insecurity in the country, he expressed worry that Nigerians can no longer sleep with their two eyes closed unlike what obtained in the 1960s and 1970s.
Last week, President Muhammadu Buhari had forwarded the name of Muhammad to the upper legislative chamber for confirmation.
Justice Muhammad was sworn in as the Acting CJN on January 25, immediately after the then CJN, Justice Walter Onnoghen was suspended by Buhari.
The President in April requested and obtained the NJC’s consent to extend Muhammad’s acting tenure by the constitutionally-allowed three months.
During his screening, the jurist promised to move the Judiciary to greater heights with the cooperation of the Executive and the Legislature.
On a question posed by Senate Minority Leader, Enyinnaya Abaribe, on technicality in the administration of justice, he said technicalities provide leeway for double interpretation by lawcourts.
This, he added, explained why Nigerian courts deliver conflicting judgements based on technicalities.
He said: “Technicality is something that is not usual that may sometimes defy all the laws known to a normal thing. We have technicalities in our laws. And this is because these laws were inherited from the British. And the British people had for quite centuries ago, introduced what is known as technicalities in their laws.
“If something is technical, it is in a way giving a leeway for double interpretation. It may be interpreted this way by Mr. A or that way by Mr. B. If something that is technical comes before the courts, what we normally do at the trial courts is we ask people who are experts in that field to come and testify. We rely on their testimony because they are experts in that field. Ask me anything on aeroplane, I don’t know. Ask me to drive (sic) an aeroplane, I am sure if you are a passenger and you are told that that flight is going to be driven (sic) by Honourable Justice Ibrahim Tanko, I am sure you will jet out of the plane. Because it is something that requires technicality. And if I have any technicality, it will only be limited to law.
“Therefore it is something that has to do with the perception of the way you think you will be able to achieve what you want to achieve.
“Several of our laws are dependent on technicalities. But remember that we have what is known as Rules of Interpretation. We resort to Rules of Interpretation. There are several Rules of Interpretation. Those of us who are lawyers here, know. And it is through that we resolve the problem that is technically raised”.
OWEDE AGBAJILEKE, Abuja
