They are among the 437 nominees for the 2022 National Honours Award.
A lawyer, Timipa Okponipere, has kicked against the move by the President Muhammadu Buhari to confer National Honours Awards on the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, and his immediate-past predecessor, Tanko Muhammad.
The media over the weekend was awash with a series of names purportedly on the list of Nigerians to be conferred with national awards.
Both men are billed to be conferred with the Grand Commander of the Order of the Niger (GCON) by the President at the investiture ceremony scheduled to hold on 11 October at the State House in Abuja.
They are among the 437 nominees for the 2022 National Honours Award
Though the Federal Ministry of Special Duties and Intergovernmental Affairs on Monday described the list circulated as fake, the ministry’s spokesperson, Julie Jacobs noted that while it was true that the president would honour some deserving Nigerians, the authentic list would only be published at the appropriate time.
However, the lawyer threatened to institute a legal action at the ECOWAS Court of Justice to seek redress if his objection to the conferment of the national honours on Ariwoola and Muhammed was overruled.
In an affidavit he deposed to at the Federal High Court in Port Harcourt, the lawyer maintained that the duo did not deserve to be conferred with the prestigious National Honours Award of Grand Commander of the Order of the Niger.
He said his grouse against Muhammad and Ariwoola, was their alleged failure to address some petitions he sent against a now retired Justice of the Supreme Court and some lawyers.
The affidavit read, “AFFIDAVIT OF STRONG OBJECTION TO THE CONFERMENT OF NATIONAL HONOURS AWARD OF GRAND COMMANDER OF THE ORDER OF THE NIGER (GCON)
“3. I reasonably believe that THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA and THE HONOURABLE JUSTICE (DR) IBRAHIM TANKO MUHAMMAD are not deserving of being conferred with the prestigious National Honours Award of Grand Commander of the Order of the Niger (GCON).
“4. I know as a fact that the Administration of President Muhammadu Buhari came to power in 2015 and 2019 with an electoral promise made to Nigerians to, among others, fight corruption in all ramifications of our life as a people and as a nation.
“5. I strongly and reasonably believe that, if President Muhammadu Buhari was truly sincere and committed to fighting corruption in the Judicial Arm of Government in Nigeria; then he would suspend SINE DIE (INDEFINITELY) the plan to confer the prestigious National Honours Award of Grand Commander of the Order of the Niger (GCON) on THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA and THE HONOURABLE JUSTICE (DR) IBRAHIM TANKO MUHAMMAD.
“6. I strongly and reasonably believe that, by virtue of my being a Nigerian citizen, there is a constitutional responsibility imposed on me to object to the conferment of National Honours Award on any undeserving Nigerian citizen.
“THE HONOURABLE JUSTICE (DR) IBRAHIM TANKO MUHAMMAD 7. I reasonably believe that, THE HONOURABLE JUSTICE DR IBRAHIM TANKO MUHAMMAD was corrupt and abused his office while he served as Chief Justice of Nigeria and Chairman of the National Judicial Council (NJC). 8. Under his watch as Chairman of the NJC, THE HONOURABLE JUSTICE DR IBRAHIM TANKO MUHAMMAD failed or refused to take action on the following petitions whereas it was his constitutional responsibility to take action: a. The petition on oath dated July 17, 2020 against THE HONOURABLE JUSTICE MARY UKAEGO PETER-ODILI, JSC (as he then was);
“b. The petition on oath dated October 12, 2020 against Messrs. JOSEPH BODUNRIN DAUDU, SAN; EMMANUEL C. UKALA, SAN and R.A. LAWAL-RABANA, SAN c. The petition on oath dated October 12, 2020 against AFAM JOSIAH OSIGWE, SAN. 9. In a letter with REFERENCE No NJC/F.1/SC.11/1/241 dated 24th August, 2020 the Hon. Dr. Justice Ibrahim Tanko Muhammad, CFR Chief Justice of Nigeria and Chairman, National Judicial Council (as he then was) stated thus: "Mr. Timipa, RE: PETITION IN RESPECT OF HON. JUSTICE MARY UKAEGO PETER-ODILI, JSC
This is to acknowledge receipt of your petition dated 17 July 2020 and to inform you that action is being taken, please."
“10. Contrary to his pledge or promise to take action on the petition, I now reasonably believe that THE HONOURABLE JUSTICE (DR) IBRAHIM TANKO MUHAMMAD lied to me as he failed or refused to take action until Honourable Justice Mary Ukaego Peter-Odili, JSC left on retirement from the Supreme Court bench.
“11. I have continued to suffer until this day the consequences of THE HONOURABLE JUSTICE DR IBRAHIM TANKO MUHAMMAD's failure or refusal to perform his constitutional responsibility.
“12. I reasonably believe that THE HONOURABLE JUSTICE DR IBRAHIM TANKO MUHAMMAD placed the interest and protection of Honourable Justice Mary Ukaego Peter-Odili, JSC (as he then was) over and above the national interest of Nigeria by the deliberate undermining of his own oath of office.
“13. I believe that THE HONOURABLE JUSTICE DR IBRAHIM TANKO MUHAMMAD's failure or refusal to take action on the petitions I sent to his office was an act of evil, wickedness and discrimination against me; perhaps on account of my religion, my tribe or otherwise.
“14. I reasonably believe that if I was a Moslem or was from the Hausa or Fulani tribe or was his biological child, THE HONOURABLE JUSTICE DR IBRAHIM TANKO MUHAMMAD would not have treated me with disdain in the manner that he did.
“15. In view of the foregoing, I strongly and reasonably do not believe that THE HONOURABLE JUSTICE DR IBRAHIM TANKO MUHAMMAD is sufficiently noble of character, statesmanlike, nationalistic, broadminded and patriotic enough to warrant the conferment of the nation's second highest National Honours Award on him.
“THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA 16. I strongly and reasonably believe that THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA has the tendency or likelihood of being a corrupt Administrator of the Judicial Arm of Government because, after spending four months in office as Acting and later, substantive Chief Justice of Nigeria, THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA has failed to determine very critical petitions which are central to the integrity of the judicial system and legal profession in Nigeria. These petitions are:
“a. The petition on oath dated July 17, 2020 against THE HONOURABLE JUSTICE MARY UKAEGO PETER-ODILI, JSC (as he then was); b. The petition on oath dated October 12, 2020 against Messrs. JOSEPH BODUNRIN DAUDU, SAN; EMMANUEL C. UKALA, SAN and R.A. LAWAL-RABANA, SAN c. The petition on oath dated October 12, 2020 against AFAM JOSIAH OSIGWE, SAN. 17. Following his assumption of office in June, 2022 as Acting Chief Justice of Nigeria, THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA became aware of my petitions through various correspondences I have sent to his office.
“18. In His Lordship's reply with REFERENCE No. NJC/F.1/SC.2/1/313 dated 09 August, 2022 to one of my correspondences regarding the petition on oath dated July 17, 2020 against THE HONOURABLE JUSTICE MARY UKAEGO PETER-ODILI, JSC (as he then was), I reproduce hereunder as follows: RE: REFUSAL AND/OR FAILURE BY THE HIGHEST JUDICIAL AUTHORITY IN NIGERIA TO DETERMINE MY PETITIONS; With reference to your letter dated 26 July, 2022 on the above subject matter, particularly with respect to the aspect concerning Hon. Justice Mary Ukaego Peter-Odili, JSC (Rtd).
“I have been directed by the Honourable, The Acting Chief Justice of Nigeria and Chairman, National Judicial Council, Hon. Justice Olukayode Ariwoola, to inform you that Council is unable to grant your prayers, as Hon. Justice Mary Ukaego Peter-Odili had retired from office as a Judicial Officer, as such, he is no longer under the disciplinary control of the National Judicial Council.
“Consequently, Council is unable to deal with your petition as it lacked the Constitutional powers to take action against a retired Judicial Officer, please."
“19. I believe that under the watch of THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA and via a letter dated August 16, 2022 and addressed to THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA I submitted that the NJC was responsible for the continued breach of my fundamental Right to Fair Hearing, with regard to the petition concerning Honourable Justice Mary Peter-Odili.
“20. I reasonably believe that THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA is shirking his Constitutional responsibility with regard to doing substantial justice in the petition against Honourable Justice Mary Peter-Odili because I have consistently demanded for the return of thousands of my property held by the Government of Rivers State, upon the instruction of Honourable Justice Peter-Odili and the spouse.
“21. After more than four months in office, I do not believe that, THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA is willing to take decisive action regarding the petitions on his table, particularly my petition against the Odilis.
“22. I believe that the failure or refusal by THE HONOURABLE JUSTICE OLUKAYODE ARIWOOLA to perform his Constitutional responsibility is an act of corruption and abuse of office which does not warrant the conferment on him of the prestigious National Honours Award of Grand Commander of the Order of the Niger (GCON) being the nation's second highest honour.”