More Judges For Supreme Court

THE Chief Justice of Nigeria,CJN, Justice Mohammad Tanko, at a public function last year raised concerns over the heavy workload on judges of the Supreme Court. The CJN pointed out that it would be difficult for the justices to cope with the volume of cases before them if nothing was done urgently.

ALSO, on January 14  this year, the Supreme Court adjourned  its  hearing on  the Benue State governorship election  on account of the court’s heavy workload.

JUSTICE Tanko in announcing the adjournment said the apex court was overburdened and called for the constitutional amendments to reduce the number of cases that ends up at the Supreme Court .

AS presently constituted, there are 13 judges of the apex court, and this will be further depleted to 12 by April,  as Justice Paul Galumje is expected to clock the retirement age of 70. Also Justices Olabode Rhodes- Vivour and Sylvester Ngwuta both born 1951 will attain the mandatory  retirement age by the first quarter of next year, thereby making the number to further shrink to 10. Before the next election in 2023, seven more judges will retire

THE  number  of judges at the apex court contradicts section 230 (2) (b) of the 1999 constitution which says, ” The Supreme Court of Nigeria shall consist of such number of Justices not exceeding 21 as may be prescribed by an Act of the National Assembly.”

THE  depleting number of judges  is not a cheering news in view of the ever- increasing appeals that flood the apex court on a daily basis. The highly embarrassing litigious  nature of Nigerians gives no space for the justices to rest and this is telling on their health. They are daily inundated and suffocated with cases of different types that they hardly have time for themselves and families again.

THE situation has been worsened by the  litigations from 2019 elections which are supposed to end at the appeal court but now extended to the apex court, thereby stretching the capacities of justices of the Supreme Court  to the limit. The judges are now being encumbered with too  many cases,  a reason they don’t have time to pay attention to cases, and this leads to diminishing returns.

IN June 2019, President Mohammadu Buhari wrote the National Judicial Commission, NJC, to appoint  five  judges to the apex court, and the commission recommended four judges in person of Mrs. Helen Ogunwumiju, Adamu Jauro, Emmanuel  Agim and C. Oseji. But more than seven months after the recommendation,  the Presidency has failed to act. Observers are now puzzled why the president  is hesitant about completing the  process .

THE HOPE therefore call on the President to complete the process without delay. The NJC having concluded its role,  the ball is now in the court of the president to send the approved  names to the National Assembly for screening and confirmation.

 WE are also recommending 36 Judges for the Supreme Court, one representing each state of the federation. If all the states in Nigeria are represented at the apex court, then any state  with a retiring judge  will mount pressure on the government to replace such.

THE HOPE believes that bringing in senior lawyers to the Supreme Court would enhance the intellectual content of  judgments  at the apex court. One does not have to be a magistrate or a judge at the lower level before being a Judge of the Supreme Court. As the highest court of the land, only the best legal minds should occupy its Bench, and to have a mix from the Bench and Bar will certainly  enrich the legal jurisprudence.

LET the door be opened to every eligible lawyer as enshrined in Section 231 (3) and Section 238 (3) of the 1999 Constitution of the Federal Republic of Nigeria. What the apex court needs are more intellectually sound, morally upright,  efficient and hardworking justices.

EXAMPLES abound of lawyers who did not go through magistracy or the High Court Bench before landing at the Supreme Court .  Today, their records of achievements are reference points in the country.

FINALLY, we call for constitutional amendments to reduce the number of cases  going  to the Supreme Court, this in particular will bring greater efficiency to  the apex court.