The late Chief Justice of Nigeria, Dahiru Musdapher Musdapher, was appointed Chief Justice of the Supreme Court of Nigeria on August 27, 2011 and sworn-in by former President, Goodluck Jonathan two days after.
He succeeded Justice Aloysius Katsina Alu as Chief Justice at a time when the reputation of the Judiciary was eroded following the dispute between his predecessor, Aloysious Katsina-Alu, and the then suspended President of the Court of Appeal, Justice Isa Ayo Salami.
Reforms agenda
In order to resolve the lingering crisis and challenges as well as to restore the dignity and reputation of the judiciary, Justice Musdapher, on assumption of office, raised a 28-member stakeholders committee, made up of former CJNs, former Presidents of the Court of Appeal, retired justices of the Supreme Court, retired and serving judges of the high court as well as senior members of the bar, was headed by the former CJN, Muhammad Uwais.
The committee was to recommend measures to address the quality and timeliness of the trial process, procedural inefficiencies, poor infrastructure, as well as poor conditions of service for judicial and non–judicial officers.
It was also to suggest ways to tackle the “declining intellectual quality and reasoning content of delivered judgments, corruption, as well as the effects of an unrestrained quest for political power which have served to disrupt the efficiency of the judiciary and damaged its perception by the public”, the statement said.
Members of the committee included former CJNs; S.M.A. Belgore, Idris L. Kutigi and A.I. Katsina-Alu, Mamman  Nasir (former PCA), A.G. Karibi-Whyte, Mustapha Akanbi, Umaru Abdullahi (former PCA), Kayode Eso (Rtd. JSC),  Umaru A. Kalgo (Rtd. JSC) Rose N. Ukeje (Former CJ, Federal High Court).
Others are Justice R.P.I. Bozimo, (Former Chief Judge, Delta State), Justice Lawal Hassan Gummi (Chief Judge, FCT), Joseph Daudu, SAN, (NBA President), Chief Richard O.Akinjide SAN (Former A-GF), Alhaji Abdullahi Ibrahim, SAN, (Former A-GF),  Dr. A.G.F. AbdulRazak, (SAN) and Anthony O. Mogboh, SAN.
It also had former NBA Presidents; T.J.O. Okpoko, Wole Olanipekun (SAN), O.C.J. Okocha (SAN) Olisa Agbakoba (SAN), Oluwarotimi O. Akeredolu (SAN) and Prince Lanke Odogiyan, Esq.
Other members included Hajiya Hairat Balogun, Prof. Epiphany Azinge, SAN, (Director-General, NIALS), Dr. Mamman Tahir (Director-General, Nigerian Law School) and Mr. A.B. Mahmud, (SAN).
The other areas of the reform initiatives announced by Justice Musdapher include constitutional review of all Superior Courts of Records as well as the lower courts. It also included the restructuring and repositioning of the NJC, Federal Judicial Service Commission and the National Judicial Institute (NJI).
He explained that the purpose of the reforms was to set out the Judiciary on a path of renewal so as to restore the integrity and dignity of the Judiciary to its pristine status.
The late Jurist advocated the creation of an Independent body other than the National Judicial Council, for the discipline and removal of Judges.
He noted that investigation of allegation of impropriety against judicial officers is too cumbersome for the NJC which is saddled with other responsibilities.
Justice Musdapher said the system, which has been adopted by most Commonwealth countries, is in a better position to deal with issues of discipline and removal as opposed to an institution that is largely managed by those it is supposed to regulate.
He presented and sought the passage of 47 amendments to the National Assembly to be pass into law as part of the reform of the judiciary.
He also made a case for another body to be responsible for judicial discipline and removal as the role has become too cumbersome for the National Judicial Commission.
He advocated the creation of an independent body to be given the responsibility of ensuring probity and punishing unethical conduct among judges and lawyers. He said such body should have retired judges and non-judicial persons with proven integrity.
Justice Musdapher argued that the National Judicial Council (NJC) currently saddled with such responsibility has performed inadequately.
“Please consider that thoroughly investigating petitions and allegations of impropriety against judicial officers as well as contraventions of the judicial code of conduct is too cumbersome for the NJC when viewed against the other responsibilities of the council.
“Besides, an independent institution with adequate statutory safeguard s may be better positioned to deal with the issues of discipline and removal as opposed to an institution that is largely managed by those it is supposed to regulate.
“I strongly believe that the creation of such an institution is the only way to properly focus on the problem of judicial corruption in Nigeria as it has been adopted in several common law jurisdiction.”
State of the Nation
Speaking in Lagos at the second anniversary lecture of the National Mirror, Justice Musdapher  expressed worry about the nation’s future.
He regretted that the country currently possesses all indices that qualify it as a failing state. He lamented the prevailing trend of violence, corruption and nepotism among Nigerians.
The late Musdapher argued that the frightening dimension of insecurity, corruption, disunity among Nigerians and the inability of excising public institutions to effectively perform their roles combine to heighten public fears about the nation’s future.
He further argued that the acceptance of the concept of rotational presidency, which places ethnicity and tribalism above competence in the choice of the nation’s leadership, was a reflection of the fact that the country has drifted from the path of unity.
Musdapher further  argued that pervasive corruption and nepotism have adversely affected the Judiciary and the media, thus robbing both sectors of public acceptance and confidence. He called for a joint effort of the media and Judiciary to help reverse the current unenviable socio-political trend.
More than ever before in the history of Nigeria, the scourge of terrorism poses great challenge to the Nigerian state. Our slide into anarchy has assumed dangerous dimensions, perhaps beyond the capacity of our security agencies to deal with effectively.
“Boko Haram insurgency, political violence, corruption, nepotism, tribalism, indiscipline, abductions and kidnapping, armed robbery, murder and extortion; bombing of places of worship and innocent Nigerians are killed are all indicators of a failing state,” he said.
Long delay in prosecution of corruption cases
Worried by the delays in the trial of corruption related cases, the late CJN also directed all courts in the country to dispose of all corruption cases within the last six months. The directive however failed as it was not achieved.
While giving reasons for the failure of his directive, Justice Musdapher said the major reason is the cumbersome nature of the various charge sheets which contains so many counts charges making it difficult to prosecute.
Justice Musdapher blamed the anti-graft agencies who arrest and charge suspected offenders before concluding investigations making them largely unprepared for trial.
He also blamed defence lawyers whom he says have perfected strategies for stalling the trial processes via the filing of pointless interlocutory appeals.
This he said had necessitated the need for a speedy amendment of the  relevant  sections of the constitutions to block all loop holes  for unjustified invocation of the right of appeal.
Justices Katsina Alu/Salami Feud
The former Chief Justice of Nigeria lamented the level of corruption in the Judiciary and regretted the negative effect the dispute between his predecessor, Aloysious Katsina-Alu, and suspended President of the Court of Appeal, Justice Isa Ayo Salami, had on the reputation of the Judiciary.
Speaking on the issue for the first time, Justice Musdapher told select journalists that he accosted both Chief Justice Aloysius Katsina-Alu and Appeal Court President Isa Ayo Salami and admonished them for their roles in the scandal.
He said, “Both of them, I talked to them individually, and I abused them for what they even did. I did! I was not happy at all.”
The Chief Justice, who spoke to a group of reporters at his Abuja residence on Monday evening, was asked how he felt when this country’s three top judges including him testified under oath before the National Judicial Council [NJC] and gave conflicting accounts of an event.
He said, “I felt very very bad. Number one, the three of us were all classmates. I was in the Court of Appeal’s Benin Division when Ayo Salami was appointed a judge of the Court of Appeal and we were there together for about two and a half years. We are very close family friends.
“When the issue arose, I was not number two, I was number three. Justice Niki Tobi was number two. I was not a member of the NJC. I just happened to be in the office of the Chief Justice one time when Justice Ayo Salami came over the Sokoto election petition issue.
“What I was told at that time was that the judgment had leaked. As usual I won’t keep quiet, so I said if the judgment has leaked, then go and have another panel with credibility to look into it. Quite honestly I left them at that stage.”
The Chief Justice added, “Eventually, in his own affidavit Justice Ayo Salami mentioned that I was there when Katsina-Alu asked him to enter judgment in favour of one of the parties. At the same time, Justice Katsina-Alu also said I was his number two man at that time… He said one other thing at that time.
“In my evidence, I spoke the truth as I know it. It might be possible I wasn’t around when they had their meeting and discussed whatever it was they discussed. I did say that I wasn’t there when Katsina-Alu asked Isa Ayo Salami to ask his judges to…How can you even do that kind of thing anyway? What guts have we got to ask a judge, at the level that we are in, to enter judgment.
“Both of them, I talked to them individually, and I abused them for what they even did. I did! I was not happy at all. They were both classmates of mine and they both worked under me at one time or the other.”
Delays in handling corruption cases
Justice Musdapher explained the reasons why his directive to all courts in the country to dispose of all corruption cases within the last six months were not achieved.
According to him, the major reason is the cumbersome nature of the various charge sheets which contains so many counts charges making it difficult to prosecute.
Justice Musdapher blames the anti-graft agencies who arrest and charge suspected offenders before concluding investigations making them largely unprepared for trial.
He also blames defence lawyers whom he says have perfected strategies for stalling the trial processes via the filing of pointless interlocutory appeals.
This he said has necessitated the need for a speedy amendment of the  relevant  sections of the constitutions to block all loop holes  for unjustified invocation of the right of appeal.
Judicial corruption
The late Justice Dahiru Musdapher reiterated that the judiciary was in urgent need of radical surgical reform and called on all Nigerian judges to rise above the daunting challenges by restoring hope and confidence in the judicial system.
Delivering a keynote address at the opening of the 2011 All Nigeria Judges’ Conference, Abuja, Justice Musdapher noted that the theme of the conference “Towards the sustenance of judicial ethics in Nigeria” was germane to the most critical challenges facing the judiciary, adding: “It is a theme that points at the foundation of the problems affecting the quality and timeliness of justice delivery in Nigeria. “The challenges confronting the judiciary are not insurmountable. There is a determined resolve on our side to face these challenges squarely, and ensure that the ethics of the Bench are complied with by all judicial officers in Nigeria.” He made a renewed commitment to all Nigerians that the judges shall do their utmost to improve the Nigerian judiciary, adding: “Though we have recorded some commendable successes in stabilizing this country on many occasions, our failures appear more visible in the eyes of the ordinary citizen. I hereby make a renewed commitment to all Nigerians that we shall do our utmost to improve the Nigerian judiciary for the benefit of all. “We must collectively come together and tackle the problems of court inefficiencies, poor infrastructure and condition of service, decay of intellectual capacity and corruption. These setbacks, among others, have served to disrupt full efficiency of the judiciary and its perception by the public.” Pointing out some issues affecting Nigeria’s judicial independence, he said the appointment of judges, security of tenure and remuneration, institutional autonomy, judicial accountable, adequacy of resources for the courts, media and societal pressures and scope of judicial power and justiciability greatly affect the judiciary. He admitted that judges have to eschew immoral practices, saying: “There must be zero tolerance to judicial dishonesty and corruption. Personal bias or prejudice on the part of a judge is improper and should not be tolerated. Animosity or irrational biases are clear signs of improper partiality that disqualify a judge from presiding over a case.”