In the backdrop of ongoing reforms in the country’s judiciary, the dwindling number of justices on the Supreme Court bench has become a significant challenge, impeding the quick dispensation of justice.
The Nigerian Constitution provides for 21 Justices as a full complement of the apex court’s bench, appointed by the President on the recommendation of the National Judicial Council and subject to confirmation by the Nigerian Senate. Justices of the Supreme Court have a mandatory retirement age of 70 years.
Over the years, the Supreme Court has struggled to reduce the backlog of appeals pending before it due to the reduced number of Justices, resulting from retirements, resignations, or deaths.
For example, despite concerns raised by former President Muhammadu Buhari and Vice President Yemi Osinbajo about the delays in justice delivery, the Supreme Court adjourned a 16-year-old appeal regarding the Gwandu emirate headship tussle to November 2023 on November 29, 2021.
The Chief Justice of Nigeria, Justice Olukayode Ariwoola, has consistently lamented the depletion of Justices on the Supreme Court bench and its severe impact on their workload. Justice Ariwoola emphasized that the exit of even one Justice increases the workload significantly.
As of June 2019, the Supreme Court had 16 Justices, leading former President Buhari to request the CJN, as the Chairman of the National Judicial Council (NJC), to appoint five additional Justices. However, despite the appointment of 8 new Justices in 2020, bringing the number to 20, subsequent departures have reduced the bench to only 13 Justices as of August 2022.
Unfortunately, Justice Centus Chima Nweze passed away on July 30, 2023, and Justice Amina Augie retired on September 3, after reaching the mandatory retirement age of 70.
The current Supreme Court judges and their geopolitical zones are:
CJN Ariwoola – Oyo State (South-west)
Musa Dattijo Muhammad – Niger State (North-central)
Kudirat Kekere-Ekun – Lagos State (South-west)
John Inyang Okoro – Akwa Ibom State (North-west)
Justice Uwani Musa Abba Aji – Yobe State (North-east)
Mohammed Lawal Garba – Zamfara State (North-west)
Helen Ogunwumiju – Ondo State (South-west)
Ibrahim M. Saulawa – Katina State (North-west)
Adamu Jauro – Gombe State (North-east)
Tijjani Abubakar – Yobe State (North-east)
Emmanuel Akomaye Agim – Cross River State (South-south)
Filling the Supreme Court bench with its full complement of 21 Justices remains a challenge.
Legal experts and practitioners have expressed concern about the heavy workload placed on the 11 Justices. They emphasize the need for the NJC to fulfill its constitutional duty by recommending new Justices to the President for appointment to the Supreme Court bench. They stress that the situation not only affects the pace of work but also the overall efficiency and effectiveness of the judiciary.
In light of this shortfall, the President of the Nigerian Bar Association, Yakubu Maikyau, SAN, has called for the immediate appointment of additional Justices to achieve the full complement of 21 Justices. He also suggested amending the Constitution to limit the Supreme Court’s jurisdiction to certain constitutional matters, reducing the number of cases reaching the apex court.
A source within the NJC has hinted at the ongoing process of recommending at least 8 Justices to the President to address this pressing issue.
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