Justice Tanko takes final bow

The death of a former Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad, at the age of 72, marks the end of a life dedicated to judicial service and one which was equally marked by turbulence.

The people of Bauchi State and the Nigerian judiciary mourn the jurist, who died after an illness in Saudi Arabia, having attained the pinnacle of the Supreme Court, serving from 2019 to 2022.

In a tribute on Tuesday, the Bauchi State Government, through the Special Adviser, Media and Publicity to Governor Bala Muhammad, Mukhtar Gidado, said the late Justice Ibrahim Tanko was a venerable jurist whose life and career exemplified dedication to duty, integrity in service and steadfast commitment to the rule of law.

The statement reads in part: “During his illustrious career, Justice Tanko Muhammad was widely respected for his legal acumen, his discipline and his contributions to the development of Nigeria’s judicial system. His elevation to the national honour of Grand Commander of the Order of the Niger (GCON) was a testimony to his impactful service to the nation.”

The Northern States Governors’ Forum (NSGF) described Justice Muhammad as a distinguished jurist whose life was defined by integrity, humility, and commitment to justice.

Chairman of the Forum and Governor of Gombe State, Muhammadu Inuwa Yahaya, on behalf of his colleagues, stated that the passing of the former Chief Justice was a significant loss to Nigeria, particularly to the judiciary and the legal profession.

Governor Yahaya stated that the late Justice Muhammad upheld the highest ideals of the Bench throughout his judicial career, demonstrating fairness, courage, and deep respect for the rule of law.

He added that as Chief Justice of Nigeria, the late jurist discharged his duties with wisdom and restraint, leaving behind a legacy of service that will continue to inspire generations of legal practitioners.

Similarly, the Supreme Court, in a statement signed by the Director of Information, Dr Festus Akande, said it mourned the 17th CJN, whose “keen intellect and compassionate demeanour earned him the respect of judges, lawyers and citizens alike, as his contributions have indelibly shaped Nigeria’s legal landscape.”

The court hailed Justice Tanko Muhammad’s “remarkable contributions, which include: strengthening the appellate system and procedural efficiency, advocating for the professional development of judges and judicial staff and fostering a culture of transparency and accountability within the judiciary.”

Controversial tenure and verdicts

When, on June 17, 2022, Justice Tanko Muhammad resigned from the Supreme Court as the CJN and was replaced by Justice Olukayode Ariwoola, reports emerged that he was asked to resign by the then-President Muhammadu Buhari administration, with different accounts including ill-health and unrest within the ranks of the apex court’s justices.

That incident symbolised a complex tapestry of career accomplishments from Islamic to secular law scholarship, and to judicial reforms and administrative controversies.

In June 2022, in an unprecedented move, brother justices at the Supreme Court wrote a strongly-worded petition against Justice Tanko Muhammad, which leaked to the press, showing high-level intrigues in the nation’s judicial echelon.

Among the grievances listed by the colleague justices, who wrote through a welfare committee, included non-replacement of poor vehicles; accommodation problems; lack of drugs at the Supreme Court clinic; epileptic electricity supply to the Supreme Court; increase in electricity tariff; no increase in the allowances for diesel; lack of internet services to residences and chambers.

Before the leaked memo, the involvement of Justice Tanko Muhammad’s sons in politics, in both senatorial and House of Representatives positions under both the PDP and APC, drew sharp criticisms. This was worsened by the alleged extravagant campaign activities of his sons, who were seen not to reflect well on their father, who presided over many corruption cases.

Another controversy emerged with the verdicts of the 2019 petition tribunal appeals for the governorship and presidential under Justice Tako Muhammad. The judgements were dogged by more controversies. In the landmark ruling on the presidential election petition appeal by Atiku Abubakar of the Peoples Democratic Party (PDP) against President Muhammadu Buhari of the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), the panel dismissed same as unmeritorious.

Specifically, the apex court threw away Atiku’s contention that the vote was marked by low turnout, violence across the country, vote-rigging and forged academic certificates against the APC’s candidate.

The Imo State governorship appeal where the Supreme Court sacked Governor Emeka Ihedioha and affirmed Hope Uzodimma, who came fourth in the governorship election, drew domestic and international condemnation.

The panel had admitted results from 388 polling units brought by Uzodimma to be valid, but a member of the panel, late Justice Chima Nweze, disagreed with the ruling and warned of its consequences.

Also, in 2019, the jurist was accused but denied any involvement in the alleged bribery case involving ASD Motors’ owner, Sani Dauda, and Senator Shehu Sani.

Noteworthy is the 2008 presidential election appeal where Justice Tanko Muhammad served on the panel and concurred with the majority decision of Justice Niki Tobi that upheld the election of late President Umaru Yar’Adua. He also dismissed the petition by the African Liberation Party (ALP) in the election.

Justice Tanko Muhammad’s appointment to replace Justice Walter Onnoghen, the then CJN, in January 2019, by President Buhari, was widely criticised and seen as a betrayal of judicial sanctity; thus, domestic activists and the international diplomatic community all expressed concerns over executive interference in judicial independence.

The public anger stemmed from the treatment meted out to Onnoghen, who was accused of non-declaration of assets before the Code of Conduct Bureau (CCB) and arraigned before the Code of Tribunal (CCT) without recourse to the National Judicial Council (NJC), a regulatory body of the judiciary in the country.

Despite the criticisms, Justice Tanko Muhammad was confirmed as the Chief Justice of Nigeria on July 24, 2019, enabling him to initiate some significant reforms in the judiciary.

Furthermore, his confirmation was not without fresh controversy at the Senate hearing on July 17, 2019. Responding to the issue of “technicality” in judicial decision, Justice Muhammad defined it by referencing the inability of a judge to effectively “drive” an aeroplane, was seen by many as being off the mark, casting doubt about his competence for the job.

In December 2019, he drew more controversy when he suggested the amendment of the constitution to accommodate more aspects of Sharia.

Shortly after his appointment, a citizen and businessman, Tochi Michael, questioned his true age in a matter filed before the FCT High Court in May 2019, maintaining that the age on his official WAEC records of December 31, 1950, had been falsified to December 31, 1953, upon becoming a judicial officer. The matter was dismissed on the grounds of locus standi.

However, among the notable reforms made by Justice Tanko Muhammed are digital transformation, which shaped the modern filing and case management system in the apex court, including virtual court recording processes, which proved especially revolutionary in the time of the pandemic, COVID-19. He proposed expanding the bench of the Court of Appeal to reduce backlog and expedite justice delivery.

Background journey

Born on December 31, 1953, in Doguwa, Giade Local Government Area of Bauchi State, Ibrahim Tanko Muhammad was a proud Fulani son of Northern Nigeria. For his education, he attended Giade Primary School (1961-1968) and Government Secondary School, Azare, where he obtained his West African School Certificate in 1973.

He pursued legal studies at the Ahmadu Bello University (ABU), Zaria, earning an LL.B. in Islamic Law in 1980. Demonstrating an unwavering commitment to scholarship, he returned to ABU to obtain an LL.M in 1985 and remarkably, a Ph.D in Law in 1998, completed on a part-time basis while serving on the bench. This academic rigour made him the first and only PhD holder to serve as CJN.

He was called to the Nigerian Bar in 1981 after graduating from the Nigerian Law School, and proceeded on a career trajectory exemplified by a steady climb through the ranks of Nigeria’s legal system, gaining experience across its varied facets. For instance, he was a Grade II magistrate in the Bauchi State Judiciary between 1982 and 1993. His roles evolved rapidly, including serving as the Provost of the College for Legal and Islamic Studies in Bauchi (1986-1989), which highlighted his dual expertise in secular and Islamic law. He later served as Chief Magistrate of the FCT High Court and as a Judge (Kadi) of the Bauchi State Sharia Court of Appeal.

In 1993, he was elevated to the Court of Appeal, where he served for 13 years. His distinguished service there led to his appointment as a Justice of the Supreme Court of Nigeria in 2006, where he was sworn in on January 7, 2007.

Survived by his family and friends, Justice Ibrahim Tanko Muhammad will be remembered for his historic service and contributions to the judiciary. His life reflects a meteoric rise from nothing to something, full of sobering lessons in leadership exploration and an essential chapter in the march to define the rule of law in Nigeria.

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