REUBEN ABATI
When Justice Olukayode Ariwoola, Chief Justice of Nigeria (CJN) retires from the Bench in 2024, upon the attainment of the statutory, necessary retirement age of 70 years, he would have the ability to depend amongst his legacies, as CJN, the singular incontrovertible fact that it was beneath his watch that the Supreme Court docket achieved the total complement of 21 Justices as required by legislation. Part 230(2) (b) of the 1999 Structure states that “the Supreme Court docket of Nigeria shall include such variety of Justices not exceeding 21 as could also be prescribed by an Act of the Nationwide Meeting.” By February 2020, the variety of Justices left on the Supreme Court docket was 13. One after the opposite, their Lordships retired: Justice Paul Galumje retired in 2020, Justice Sylvester Ngwuta died whereas nonetheless in service in March 2021, three weeks to his seventieth birthday, Justice Olabode Rhode-Vivour, retired in 2021, Justice Mary Odili in 2022, Justice Ejembi Eko in 2022, Justice Tanko Muhammad resigned abruptly in 2023, Justice Amina Augie retired in 2023, and Justice Musa Dattijo Muhammed, 2023, Justice Chima Cletus Nweze, on account of retire in 2028 died in July 2023. By October 2023, the variety of Supreme Court docket Justices had dropped to an unprecedented, all-time low variety of 10. These vacancies have now been crammed. It’s a historic, welcome improvement and past the Bench itself, an achievement for the Bola Ahmed Tinubu administration.
The extant Revised NJC Pointers and Procedural Guidelines for the Appointment of Judicial Officers of all Superior Courts (2014), and the 2016 Nationwide Judicial Coverage outline the processes for the appointment of such officers – nominations from a broad spectrum of individuals and officers are required however for some cause, there was by no means a full complement of Supreme Court docket Justices beneath the Buhari administration. Someday in 2019, President Buhari had in actual fact requested the then appearing CJN, Justice Tanko Muhammad to provoke the method of filling the vacancies on the Supreme Court docket Bench. This induced just a little furore, the nomination of judges not being the perform of the Government. The integrity of the method was the difficulty. When the NJC went forward to obey the Presidential directive and advisable the appointment of 4 new Supreme Court docket Justices, and despatched the listing to President Buhari, a civil society group, Entry to Justice went to courtroom. We’d like not permit the historical past of the connection between the Buhari administration and the judiciary to detain us on this current enquiry, nonetheless. It is sufficient to say that at these occasions, 2015 – 2023, the connection between the judiciary and the Government arms of presidency had been in turns adversarial and complementary. Buhari was the primary President to allocate the most important quantity of funding to the judiciary, but it surely was additionally in these days that it turned widespread for the homes of judges to be raided at midnight. Justice Walter Onnoghen was suspended as CJN, and compelled to retire earlier than his time. His substitute, Justice Tanko Muhammad was additionally compelled to retire prematurely. The Buhari administration routinely disobeyed courtroom orders and violated the rule of legislation. In 2016, two Justices of the Supreme Court docket had been appointed beneath the Buhari administration -Justices Ejembi Eko and Amina Augie, and in 2020 4 Justices – Tijanni Abubakar, Mohammed l. Garba, Abdu Aboki and Mohammed M. Saulawa however at no time since 1999 did the Supreme Court docket attain its full complement.
This has now occurred with the swearing in, per week in the past, of further 11 Justices of the Supreme Court docket: Haruna Tsammani (North East), Jamilu Tukur (North West), Abubakar Umar (North West), Jummai Sankey (North Central), Mohammed Idris (North Central), Stephen Adah (North Central), Moore A. Adumein (South South), Chidiebere Uwa (South East), Chioma Nwosu-Iheme (South East) Obande Ogbuniya (South East) and Habeeb Adewale Abiru (South West). These had been the 11 that made it to the Supreme Court docket out of the 22 that had been initially shortlisted and screened by the Nationwide Judicial Council on twenty eighth November 2023, divided then into precedence and reserved candidates. The ultimate listing has 10 of the precedence candidates and one which was reserved – Justice Chioma Nwosu-Iheme. It’s most acceptable to congratulate their Lordships on their elevation to the apex Court docket. It’s a nice honour and an accomplishment of no small measure to sit down on the very best courtroom within the land. The CJN underlined this when he informed the 11 Justices that they need to see themselves as “God’s representatives on earth.” He informed them that they need to not search to please everybody: “the one deity you may worry is the Almighty God. As soon as your judgment is in consonance with what God expects from you, and can be in accordance with the Structure, you need to take into account your self the happiest and freest particular person on earth. Your ethical uprightness, integrity and respect for the structure and different extant legal guidelines in operation, should be unwavering and unassailable. Any judgement given at this degree can solely be upturned in heaven.”
In these phrases, CJN Olukayode Ariwooola reminded the JSCs of the function of the judex, and the excessive duty upon their shoulders. They’re anticipated to be above board like Caesar’s spouse, to dispense justice with out worry or favour not minding whose ox is gored. These 11 Justices are taking their seats on the Supreme Court docket Bench at a time when the fame of the Nigerian judiciary, together with the apex courtroom has acquired a lot bashing, and there’s a lot of cynicism about our judges among the many populace. At this time, not many would agree with CJN Ariwoola that Nigerian judges at any degree are God’s representatives on earth, or that they’ve any clue about what God expects from them. The CJN may have provided his steering with out dragging God into the matter. However he was proper to have recommended that every one eyes can be on the apex courtroom, particularly the eyes of Nigerian politicians who suppose that a part of their mission must be to steal the votes and in addition affect the judges. The eyes of legal professionals may also be on the brand new Justices, who’re already identified, however by way of how their elevation and having a full complement of the judex on the apex Bench would have an effect on the dispensation of justice and enrich jurisprudence.
The important thing concern concerning the depletion of the apex courtroom was that the dockets had been full, the courtroom was over-congested with circumstances, and the Justices, so few in quantity, had been overworked. They had been additionally underpaid and under-resourced as Justice Musa Dattijo Muhammad identified in his considerably histrionic valedictory speech in October 2023. With the apex courtroom now having 21 Justices, it means extra circumstances may be heard and there could be a higher charge of efficiency and effectivity. However for this to occur, nonetheless, the executive processes at our Supreme Court docket additionally should be overhauled and modernized. There may be an excessive amount of clumsiness that’s marketed up there. Many circumstances that needn’t go all the way in which to the Supreme Court docket present up there. This must be a correct coverage courtroom, not an “orisirisi courtroom”. It should be attainable to have a robust, pro-active Registry of the Supreme Court docket that rejects circumstances that don’t belong there. The Supreme Court docket’s authentic and inherent jurisdiction must be clear sufficient. Many legal professionals have needed to go to the Supreme Court docket solely to be informed that the Justices are away for an additional perform, or that the matter mustn’t have been introduced there within the first place. Within the age of telephony and trendy communication, that’s scandalous. The Supreme Court docket should change into a twenty first Century Court docket by deploying expertise to assist its processes and by studying the perfect classes from different jurisdictions. Any counsel that recordsdata any incompetent or frivolous matter or tries to waste the time of the courtroom should be promptly sanctioned. Today, there’s an excessive amount of indiscipline by legal professionals that’s condoned by the Bench in any respect ranges.
The 11 new Justices had been mentioned to have gone by screening by the Division of State Companies (DSS). I feel it’s scandalous that potential Justices of the Supreme Court docket must be screened by the DSS, which within the books has completely no function within the nomination or appointment of Judges. The very suggestion that the Nigerian judiciary can throw up any individuals who can rise by the system and act as judges for years, solely to be investigated for any type of wrong-doing on the level of elevation to the apex courtroom is frightening. However in any case, all of the Justices reportedly handed the take a look at and so they had been unanimously cleared by the Senate of the Federal Republic by way of the instrumentality of a voice vote. I feel the rubber-stamp function of the Senate within the course of must also be reviewed. In different jurisdictions, akin to america, justices don’t simply get to the Supreme Court docket. They’re subjected to rigorous public scrutiny and could also be rejected or withdrawn. Public hearings are held, the nominees are interrogated. Their earlier judgements are scrutinized to find out their scope, ideological bent and contributions to Constitutional doctrine. Their educational {qualifications} are fastidiously re-examined too. College students of comparative authorized methods will bear in mind the case of Justice Clarence Thomas and the sexual harassment testimony of Anita Hill in 1991, in addition to the objection of Democrats to Justice Robert Kavanaugh, and the febrile public hearings that attended his screening in 2018. There may be additionally the latest case of Ketanji Brown Jackson, the primary Black girl to function a Justice of america Supreme Court docket. She didn’t get there due to her color or gender. Her affirmation hearings had been heated and contentious.
Right here in Nigeria, when you make the NJC remaining listing, you’re already on the Bench. We have to evaluation the method and permit public hearings. In the middle of the evaluation of litigations after the 2023 normal elections, questions had been raised concerning the work of not less than two of the 11 Justices who at the moment are on the Supreme Court docket Bench: Justice Moore Adumein within the 2023 Kano Gubernatorial election case, and Justice Chioma Nwosu-Iheme whose nomination was overtly questioned by Senator Elisha Abbo. It will have been good for his or her Lordships to be requested for instance to reply to the allegations and insinuations about their professionalism.
It is usually not an excellent factor that elevation to the very best judicial seat within the nation has been lowered to geography and promotion. There was some discuss how the appointments present variety – that’s geography. Each geopolitical zone is now properly represented on the Supreme Court docket Bench. It should be mentioned that Supreme Court docket Justices should not quota representatives. They’re to be chosen on the premise of benefit, character and confirmed contributions to legislation. The notion that Justices of the Court docket of Enchantment are entitled to be promoted to the very best courtroom within the land is improper. I discover sturdy benefit within the advice that the Supreme Court docket Bench must be made open to Senior Advocates of Nigeria of nice distinction and lecturers to deepen the data and experience base of the courtroom. The Supreme Court docket should not be become a secret society or a retirement zone for Justices of the Court docket of Enchantment. In 2017, the Nigerian Bar Affiliation nominated 9 of its members for the Supreme Court docket seat however they had been ignored. The appointment of judges should be reformed. And that will not be new: Justices Teslim Elias and Augustine Nnamani received to the Supreme Court docket by academia and the Bar. In Canada, this widening of the pool that we suggest is normal follow.
The massive elephant within the room is jurisprudence. One of many main issues about Nigeria’s Court docket of Enchantment is that it had change into a courtroom of technicalities, with the judex figuring out circumstances on handy technical grounds reasonably than the upper floor of judicial activism. With the brand new Justices of the Supreme Court docket coming instantly from that courtroom, it’s hoped that they’d not deliver their over-reliance on technicalities to the Supreme Court docket. As soon as upon a time, particularly in the course of the golden period of Justices Kayode Eso, Chukwudifu Oputa, Augustine Nnamani, Ayo Irikefe, Anthony Aniagolu, Andrew Obaseki, Adolphus Karibi-Whyte, Alfa Belgore Muhammadu Uwais, Mohammed Bello … Nigeria witnessed a few of the most rigorous functions of the legislation and the supply of justice, even beneath the navy, and courtroom judgements by their Lordships had been profound workouts in legislation, language, philosophy and wit. Through the years, the requirements collapsed, as courtroom judgements had been lowered to a easy abstract of pleadings and an off-the-cuff pronouncement of selections – a daunting indication of how strong craft and sound reasoning had disappeared from our courts. Most college students of the legislation wish to see a return to the great outdated days not simply on the apex courtroom, however inside the whole judiciary, which in itself is in pressing want of reform.
With the present discuss reconfiguration, decentralization and restructuring, whichever phrase fits our fancy, the Nigerian judiciary can be in pressing want of reconfiguring. There may be an excessive amount of energy within the fingers of the Chief Justice of Nigeria who along with being CJN, can be Chair of the Nationwide Judicial Council (NJC), Chair of the Nationwide Judicial Institute (NJI), Chair of the Authorized Practitioners Privileges Committee (LPPC) and Chair of the Federal Judicial Service Fee (FJSC). The navy after a trend might have imagined that the top of the nation’s judiciary must also be an overlord like them, however that has to alter: the workplace of the CJN should not possess the powers of an Emperor or what Yorubas name “Kabiyesi”, that could be a conventional monarch, who represents God on earth! The NJC must be unbundled. The CJN should be a democrat inside the system. It must also not be the responsibility of the NJC to nominate and self-discipline judges or to nominate Chief Judges of the states. There have been calls as properly for the de-centralization of the Supreme Court docket for simpler administration of justice, with the apex courtroom having divisions within the nation’s six geopolitical zones just like the Enchantment Court docket.
Whereas the professionals and cons of that suggestion could also be a unique kettle of fish altogether, the instant expectation is {that a} full Supreme Court docket would have all its courtroom rooms functioning and that the brand new Justices will enrich our jurisprudence and assist the apex courtroom obtain its full potential. Even with these new appointments, extra Justices of the Supreme Court docket may also quickly retire. There must be no delays in filling no matter vacancies might come up. At a person degree, every one of many Justices has an obligation and a duty to show his or her mettle. Welcome on board, your Lordships…
