Legal practitioners reflect on the tenure of the outgoing Chief Justice of Nigeria, Olukayode Ariwoola, who is set to retire on August 22, 2024, writes ONOZURE DANIA
On August 22, 2024, the Chief Justice of Nigeria, Olukayode Ariwoola, will retire on his 70th birthday, marking the end of his tenure.
By convention, he will be succeeded in an acting capacity by Justice Kudirat Kekere-Ekun, the most senior Justice of the Supreme Court of Nigeria. The National Judicial Council will then recommend a substantive CJN to the President, who will then nominate the recommended candidate to the Senate for confirmation.
Justice Ariwoola began his educational journey in the Iseyin Local Government of Oyo State. He graduated from the then University of Ife (now Obafemi Awolowo University), with a Bachelor’s degree in law in July 1980.
Justice Ariwoola was called to the Nigerian bar in July 1981. His early career saw him working as a Counsel in-Chambers of Chief Ladosu Ladapo (SAN) before establishing his law firm in Oyo town. In November 1992, he was appointed a Judge of the Oyo State Judiciary, marking the start of his judicial career.
Ariwoola was elevated to the Court of Appeal in November 2005 and subsequently to the Supreme Court of Nigeria in November 2011. His appointment as CJN came on September 21, 2022, following the resignation of his predecessor, Justice Tanko Muhammad.
Speaking on Ariwoola’s tenure, Prof. Edoba Omoregie (SAN) commended his ability to stabilise the judiciary during a period of low morale. Omoregie spoke of Ariwwola’s glorious career as a jurist, adding that his appointment as CJN about two years ago came at a time of low morale in the judiciary, including the Supreme Court bench.
“There were many embarrassing episodes involving the judiciary prior to his assumption of office as CJN. Justice Ariwoola appears to have ably dealt with the issues, especially those which had caused anxiety among stakeholders in the justice sector,” Omoregie said.
He highlighted the Supreme Court’s landmark judgments under Ariwoola, such as the handling of the naira redesign policy and endorsement of financial autonomy for local governments, as significant achievements.
“I daresay that the deft management of those issues by His Lordship ensured that fizzled out of the public glare. Worthy of mention is that during the last two years, the Supreme Court under Justice Ariwoola rose to the occasion in the exercise of its policy jurisdiction.
“The court’s handling of the naira redesign dispute, and its recent decision endorsing the financial autonomy of local government councils in the management of fiscal transfers from the Federation Account, has marked a watershed in the constitutional system of this country,” he said.
Also commending Ariwoola’s tenure is Prof. Damilola Olawuyi, (SAN), who acknowledged improvements in judicial camaraderie and efficiency.
Olawuyi stated, “The swearing-in of 11 new justices of the Supreme Court is a commendable achievement that finally enabled the court to attain its full complement of 21 justices after many years of inexplicable delays.
“We have also seen other appointments across the judiciary without the usual delays of the past.”
Notwithstanding the successes recorded during Ariwoola’s tenure, Olawuyi however stated that the proliferation of conflicting judgments by courts, especially over the last months in Rivers, Kano and Plateau states, have severely damaged the reputation of the judiciary, and will require time and concerted efforts to repair.
Olawuyi also mentioned that there have been heightened public concerns about potential conflicts of interest and nepotism in judicial appointments, stating that some of those concerns emanated from the lack of transparent and clear communication on the measures taken by the NJC to address such potential conflicts of interest. He advised that the remaining challenges must be tackled head-on by the incoming CJN in order to improve the transparency and reputation of the judiciary.
As for Prof. Sam Erugo (SAN), Ariwoola “brought some measure of stability in the system. Except for the perennial issue of the opaque process of appointment of judicial officers for which he cannot be singled out for blame, his tenure has seen much less controversy.”
Erugo went on to say, “Much of other criticisms stem from public misconceptions of the judiciary. We must admit that his tenure has witnessed tremendous improvement in the judiciary, including the record appointment of a full complement of Justices of the Supreme Court and the improved welfare of judicial officers. Probably, he was lucky to serve partly under an administration that found an opportunity to impress where its predecessor failed by taking action in critical areas for the judicial arm.
“He is definitely leaving the judiciary much better than he met it and without controversy. I congratulate him on his achievements and wish him well in retirement.”
On his part, Dr Joseph Nwobike (SAN) emphasised Ariwoola’s commitment to upholding judicial integrity, stating that his tenure “ensured that vacancies in the various levels of the Judiciary are filled with despatch and generally improved on the welfare of judicial officers.”
Another Senior Advocate of Nigeria, Wahab Shittu, added that the CJN’s tenure has been marked by a commitment to integrity, fairness, and justice, which has earned him admiration and respect within and beyond the legal community.
“Justice Ariwoola’s tenure saw significant judicial reforms and efforts to combat corruption. His administration was notable for its role in overseeing the most keenly contested election since Nigeria’s return to democratic governance in 1999,” Shittu noted, stating that “during his tenure, there were remarkable efforts in the fight against corruption, particularly in the public sector.”
However, Shittu said, “Critics argue that there still exist different levels of administrative incompetence and poor adroitness in the judiciary.” They also point out that efforts to protect the judiciary from political influence, particularly from the executive branch, were insufficient.”
The SAN also pointed out that the judiciary struggled with internal issues despite Ariwoola’s efforts to address corruption and financial crimes.
“People may argue that these efforts were barely significant or noticeable as corruption is still very much rampant and even prevalent in the judiciary itself,” Shittu said.
In his final legal year speech in November 2023, Ariwoola highlighted the judiciary’s achievements under his leadership.
“The ICPC was able to successfully secure 10 convictions, while the EFCC secured 1,094 convictions within the same period,” Ariwoola said.
The CJN also stated that the Supreme Court presided over 1,271 cases, comprising motions and appeals, and delivered a total of 251 judgments between September 2022 and July 2023. “We heard 388 political appeals, 215 criminal appeals, and 464 civil appeals,” Ariwoola noted, emphasising the significant workload handled by the Supreme Court.
But Prof. Gbenga Bamodu criticised the early part of Ariwwola’s term for its perceived fraternisation with the Executive branch.
Bamodu stated, “Early on, he could have done better to demonstrate more clearly the independence of the judiciary, and its separateness from other arms of government. Rather, the early part of his assumption of office evinced a fraternisation with the Executive and the political class in a manner that was not particularly healthy.”
Speaking of Ariwoola’s contribution, Bamodu said, “At least, latterly he sought to address the issue of conflicting injunctions from courts of co-ordinate jurisdictions, though even that has not been properly resolved.”
However, Prof. Chidi Odinkalu differed in his assessment of Awriwoola’s tenure, labelling his legacy as “diabolical,” and asserting that he “compiled almost assuredly the most dreadful and toxic legacy of any previous occupant of that position.”
Similarly, Joseph Otteh, a lawyer, said, “The tenure of Nigeria’s outgoing CJN would be regarded by many as probably the darkest period of Nigeria’s judiciary, and the lowest it has ever plumbed in terms of its public image.”
Stating that the “judiciary was at a very low point when the CJN came into the office,” Otteh said “Ariwoola was also part of the Supreme Court conclave that demonstrated against his predecessor, Tanko Muhammad, accusing him of lacking leadership, unresponsiveness, nepotism and maladministration in overseeing the business and welfare of the Supreme Court and its Justices.
“You would expect a CJN who came into office under these circumstances to move heaven and earth to restore the stature of Nigeria’s judiciary, and redeem, as much as possible, the image of Nigeria’s judiciary, which had been bumping along the bottom for so many years. Unfortunately, this has not been so.
“With all respect to His Lordship, he plunged the judiciary into a more withering, more desperate crisis of public confidence, and in the eyes of many, he will be leaving the judiciary much weaker, fractured, nepotistic, politicised and with far less esteem in the eyes of the public.”
Otteh further stated, “The incoming CJN faces the formidable task of rebuilding trust and ensuring that the judiciary operates with integrity, fairness, and accountability. The future of Nigeria’s legal system depends on a decisive shift in leadership and vision, one that will restore faith in the rule of law and justice for all.”