PROTOCOL

Preamble

1. I thank my Lord, the Honourable, the Chief Justice of Nigeria, Honourable Justice Olukayode Ariwoola, GCON, and My Lords, the Justices of the Supreme Court of Nigeria, herein sitting en banc, for the invitation extended to me to address this special court session in honour of a revered jurist, His Lordship, the Honourable Justice Musa Dattijo Muhammad, JSC, CFR, who is retiring from the bench of this court having attained the constitutionally prescribed age for retirement.  

• His Lordship, who was born on 27 October 2023 is 70 years today, I will therefore, first and foremost, on behalf of the Nigerian Bar Association, wish Your Lordship a very Happy 70^th Birthday with many happy returns.  Valedictory Court sessions, irrespective of the circumstance, are sober and solemn moments; they both speak to the transient nature of the positions we are privileged to hold in life and the fleeting nature of life itself. We are all encouraged by scripture to express gratitude to God Almighty, whether the circumstance is about the transience of the work we do, or the life we live. Not many are privileged to witness or enjoy this sequence. It is therefore in appreciation of the grace of God upon the life of My Lord, Honourable Justice Musa Dattijo Muhammad, JSC, Who saw His Lordship through an illustrious career on the Bench that we as members of the Bar join in celebrating His Lordship’s life of sacrifice to this nation.

• My Lord was appointed Magistrate Grade II in 1978, a year after his lordship was called to the Bar in 1977. My Lord, therefore, spent more than his lordship’s life thus far serving as a judicial officer – a solid 45 years on the bench at the different levels. We can say without fear of contradiction that that his Lordship did his bit in providing direction to the people of this country and advancing the cause of the nation. His Lordship remained committed to the cause of justice and to the promotion of the rule of law.

• In the judgement of this court delivered in the case of A. G. Abia State & Ors v. A. G. of the Federation (2022) LPELR – 57010 (SC), His Lordship led other Justices of the Supreme Court, in a rare but unsurprising display of strength of character, to declare unconstitutional, null and void and of no effect whatsoever, the Presidential Executive Order No. 00-10 of 22 May 2020, which was seemingly meant to help uplift the welfare of Judges and Justices. The apex court held that “the President overstepped the limits of his powers” and that “the country is run on the basis of the rule of law”. Justice Dattijo made strong pronouncements on the issue of federalism and the importance of Executive actions being in tandem with constitutional and statutory provisions.

• The significance of this decision lies in the fact that although the primary recipient of the executive order was the judiciary, His Lordship, and the other lordships of the Supreme Court, nonetheless, rose above their “personal interests” and in their lordship’s avowed commitment to the primacy of the rule of law, upheld the immutable provisions of the constitution, and thus wrote their names in gold. For this and several other remarkable decisions made in the interest of justice, His Lordship will always be remembered. This decision brings to mind the need for the immediate implementation of the proposed upward review of the salaries and allowances of justices, judges, and all staff of the judiciary, without whom the primary duties of the court cannot be discharged. I am happy to note that the Honourable Attorney General of the Federation and Minister of Justice, Prince Lateef O. Fagbemi, SAN, has taken up this issue as a matter of emergency.

• His Lordship’s tour of duty, which saw my lord serve as the pioneer Presiding Justice of the Court of Appeal, Sokoto Division, will remain in my memory and that of other colleagues from the states presently covered by the Sokoto Division. That singular gesture brought justice closer to the doorsteps of the people and made the job of lawyers easier. I remember how in those days we, in Sokoto and its environs had to travel all the way to Kaduna for appeals. Many lawyers lost their lives while making those trips, a few are permanently incapacitated. It was therefore such a huge relief for us when the Sokoto Division of the penultimate court was created with His Lordship to pilot the affairs of the division. His Lordship’s stay in the division, although rather very brief, was very memorable, and the energy generated by his lordship at the commencement of that division appears to continue to propel the Sokoto Division of the Court of Appeal. We are grateful to God and for the sacrifice of your Lordship.

• As a member of the National Judicial Council, I was privileged to work with His Lordship, who was Chairman of the Screening Committee on the Appointment of Judicial Officers. I similarly worked with His Lordship in the Legal Practitioners Privileges Committee. His Lordship was indeed a strong and compelling voice in the Council and Committee, and exhibited so much dexterity in leadership.

Depleting Supreme Court

• With the exit of His Lordship, the Bench of this honourable court is further depleted to an alarming level. I am aware that the process of appointment of additional justices of the Supreme Court commenced a while back. My humble plea to the President of the Federal Republic of Nigeria, Asiwaju Bola Ahmed Tinubu, GCFR, to immediately, as a matter of urgency make appointments to the court in satisfaction of the Constitutional requirements. This will help to avoid a state of emergency in the apex court. 

Concluding remarks

• In congratulating His Lordship on the successful end of a long and illustrious career, I must acknowledge and appreciate the members of His Lordship’s family, for their sacrifices and support all these years and for sharing their husband and father with us.

1. We thank His Lordship for the service to the nation. And, on behalf of the NBA, I wish His Lordship a well-deserved rest and pray that the Almighty Gid will keep your Lordship in good health and grant you long life to live to see your children’s children to the 4^th generation.

1. Congratulations, once more, My Lord – we wish you a Happy Retirement.

1. I thank your Lordships for the audience.

Yakubu Chonoko Maikyau, OON, SAN

PRESIDENT