Justice Ibrahim Muhammad Tanko (as he then was), the former Chief Justice (CJN) of Nigeria and head of the country`s Supreme Court resigned from office on Monday June 27, 2022. As the CJN, he came, saw and as many will say, he failed to conquer, but was instead conquered.
The former justice served at the country`s apex court for a cumulative period of 15 years, 5 months and 2 days. As the Chief Justice, he served for a period of 3 years, 5 months and 2 days, having served from the 25th of January 2019 to the 27th of June 2022.
During this time, Justice Tanko cemented his place in history, but as it has turned out to be, the jurist may have made history in a way most Justices would prefer not to be remembered.
Justice Tanko was appointed as a Justice of the Supreme Court of Nigeria (SCON) in 2006 but was sworn in on 7th January 2007.
Following the forced removal of his predecessor, Justice Walter Samuel Nkanu Onnoghen, Justice Tanko was nominated to replace him. However, what made the greatest news was not that he became the new Chief Justice, but actually how he rose to that position.
Justice Tanko`s “recommendation” to President Buhari for appointment as the new CJN was made in the midst of what could be considered as one of the greatest controversies in the recent history of the Supreme Court and the National Judicial Council.
It was alleged at the time, though without prove that the former Justice Onnoghen was forced out of office because President Buhari`s men feared he will not constitute a “friendly” Presidential Election Tribunal that will try the expected election petition from the 2019 presidential election which the president was standing as a candidate.
Justice Onnoghen was removed based on allegations of corruption, which was largely disagreed by most Nigerians, most of who saw the allegations as “baseless” justification to remove the jurist.
Prevailing opinion then was that Justice Onnoghen was removed because he was seen as a threat by President Buhari and his kitchen cabinet in his reelection bid, at a time when the president and his political party, the APC were largely very unpopular in the country.
In the midst of all these controversy, on Thursday, July 11th, 2019, Justice Tanko was nominated by President Muhammadu Buhari as substantive CJN, having earlier appointed him in acting capacity to replace Justice Onnoghen.
Justice Tanko`s nomination was barely 24 hours after the National Judicial Council (NJC), which earlier opposed the manner of his replacement of Justice Onnoghen, turned around and recommended him to the president.
The speed of Justice Tanko`s nomination by the president undoubtedly, made his appointment, the fasted in the history of President Buhari`s regime as president till date.
Notable Lagos based lawyer, Olisa Agbakoba, a senior advocate of Nigeria (SAN), weighed in strongly against this development.
He was one of those who strongly opposed the way and manner of the removal of Justice Onnoghen and his replacement with Justice Tanko.
In a petition to the NJC, he wrote, “Hon. Justice Tanko Mohammed is fully aware of the state of law, yet presented himself to be sworn in by the President,” Agbakoba wrote in a petition to the National Judicial Council (NJC).
“Incidentally, Justice Tanko Mohammed was a member of the NJC panel that removed Justice Obisike Orji of the Abia state High Court for accepting to be sworn in as Chief Judge by the Governor of Abia state without the recommendation of the NJC.
“It is a matter of regret that Justice Tanko Mohammed who participated in this process will lend himself to this constitutional infraction.”
The reign of Justice Ibrahim Muhammad Tanko was also as tempestuous as his rise to power. In reflection on the tenure of the former CJN, what comes to mind is a statement made by his predecessor in office, Justice Onnoghen following the whirlwind that swept him off and swept in Justice Tanko.
In a book lunch after his forced removal from office, Justice Onnoghen recounted the circumstances of his unceremonious removal from office, while also advising Judges and Justices to remain courageous and resolute in the pursuit of justice, not minding what happened to him.
He said, “Here, let me sound this note of warning that the appointment of judicial officers must never be allowed to be politicized, otherwise, democracy and democratic governance will be dead.
“During my tenure, the problem of Nigeria was not the Nigerian judiciary, but those who had no regard for the rule of law.
“We must therefore be committed to the rule of law and dispense Justice without fear or favour.
“Truth stands. Crush it, it will still stand because it is truth”, Onnoghen added.
Justice Tanko`s time as the head of the country`s apex court had its own share of the corruption and controversies that dogs every part of the country, the judiciary not excluded.
The most prominent of this was the last Imo election decision. It was under his reign that the very infamous decision that upturned the election of Mr Emeka Ikedioha in the last Imo State gubernatorial election, where the INEC official result was trashed at the SCON in an ominous and ignominious way.
The current governor of Imo State, Senator Hope Uzodinma is the beneficiary of that infamous judgement. Governor Uzodinma who came last in the election beneath three other candidates was picked from the bottom of the pyramid to replace Emeka Ikedioha.
The PDP candidate, Emeka Ihedioha was as at then already serving as the state government, following his victory at the poll as obviously rightly declared by the Independent National Electoral Commission (INEC).
Justice Tanko was the head of the SCON a seven-man panel of justices, which midwifed this process, that was then described by many watchers of event as “truncation of justice, and earned Governor Hope Uzodinma the infamous appellation as “the Supreme Court governor”.
In a minority judgement by another Justice of the SCON, it was said that “This decision of the supreme court will continue to haunt our electoral jurisprudence for a long time to come.”
The case of bribery. The controversies that dogged Justice Tanko`s reign includes an allegation of bribery in a case involving one Sani Dauda, the owner of ASD Motors.
The same controversy also involved Senator Shehu Sani who once represented Kaduna Central in the Senate, Nigeria`s upper legislative chamber of the National Assembly between 2011 and 2015.
It was alleged that the Kaduna born senator allegedly received some money from the said owner of ASD Motors for the purpose of influencing some ongoing cases. It was also alleged that the said Senator Sani was going to deliver on this “job” through his connection with Justice Tanko and other Justices of the SCON.
None of these allegations could be independently confirmed by Clariform reporters. They were also all denied both by Senator Shehu Sani and sources closes to Justice Tanko.
In denying the allegations, the former CJN said:
“Our attention has been drawn to the story making the round in some national dailies where it was reported that Senator Shehu Sani allegedly approached Alhaji Sani Dauda of ASD Motors and purportedly demanded for the sum of N4, 000,000 to give to the Chief Justice of Nigeria, Hon. Dr Justice Ibrahim Tanko Muhammad, to settle some unnamed four Judges over a case he (Shehu Sani) allegedly claimed won’t see the light of the day,” the CJN said in a statement which Festus Akande, spokesman of the supreme court, issued on his behalf.
“Let it be known that if the statement credited to Shehu Sani was actually made by him, it is simply a blatant lie, a figment of his imagination and an orchestrated falsehood immodestly concocted to malign, smear and disingenuously tarnish the good image and reputation of the CJN with a view to gaining financial reward.
“Even though the veracity of the true source of the unsubstantiated statement has not yet been ascertained to know if it was really from the former Senator, it is, however imperative to keep the records straight by letting the public know that Justice Tanko Muhammad has never, in his entire life, seen or had any form of encounter or interactions, either directly or remotely with Shehu Sani, let alone giving him assurances of what is not only unethical but equally despicable and inglorious, to say the least.
“The outcome of the ongoing investigations will determine the next line of action to be taken regarding the flagrant defamation of the character of the Chief Justice of Nigeria.”
Notwithstanding this threat by the former CJN, Clariform checks as at this publication has not revealed that any major action or defamatory suit was brought by Justice Tanko against anyone, since 2019 when this allegations were made against him.
Now comes the last stroke that broke the camel’s back. A joint letter recently written to the former CJN by all of the remaining Justices of the SCON, he was lambasted for alleged maladministration and corruptions that Justice Tanko has overseen at the apex court since his rise to power.
The 14 remaining Justices of the SCON (apart from Justice Tanko) complained in the letter that the former CJN cared nothing about the welfare of his colleagues and the development of justice in the apex court.
In the said letter described as a “wake-up call”, which surfaced online and seen by Clariform, the Justices threatened the former CJN, “It is either you quickly and swiftly take responsibility and address these burning issues or we will be compelled to further steps immediately.”
Sources who spoke to Clariform alleged that these 14 Justices further made a representation to President Buhari to immediately remove Justice Tanko, the failure of which they threatened to down tools.
Clariform reports that this is unheard of in the history of Nigerian judiciary, where justices of the SCON never goes on strike or ever been had make complaints about the apex court or its activities. The move against Justice Tanko was the first of its kind, Clariform reports.
Clarform investigations also shows that this letter written by the 14 remaining Justices of the SCON was made following an earlier rebook of Justice Tanko by a retired justice of the SCON, Justice Ejembi Eko, who retired as early as last week Monday.
In a valedictory session held in his honour in Abuja, Justice Eko (rtd) raised alarm on ongoing corrupt practices under Justice Tanko and requested for the investigation of the SCON by Nigeria`s anti-corruption agencies.
He said, “Nothing stops the office of the Auditor-General of the Federation, the ICPC and other investigatory agencies from opening the books of the judiciary to expose the corruption in the management of their budgetary resources,”.
“That does not compromise the independence of the judiciary. Rather, it promotes accountability,” Said Justice Eko.
Eventual resignation of Justice Tanko. On Monday, June 27th the news filtered in that Nigeria`s top legal officer, the Chief Justice of Nigeria, Justice Tanko Muhammad, has quit his job, citing health ground as the reason.
However, sources who spoke to Clariform confirmed that the former CJN was forced out of power. One source said that “he was forced out, but actually given a soft landing through voluntary resignation on the ground of ill-health” said the source.
While another source said, “His eventual removal is good radiance to bad rubbish. He was usurper of an office he never truly deserved. He left the same way he came, unceremoniously, reigned controversially and left shamefully”, said the source.
