The Acting Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has said the depletion in the number of Supreme Court Justices is a burden to Nigeria’s apex court.
Justice Ariwoola spoke Thursday in Abuja at a valedictory session in honour of a retired Justice of the Supreme Court (JSC) Abdu Aboki.
Justice Aboki retired from the apex court August 5 after clocking the mandatory retirement age of 70.
He retired about two months after the immediate past CJN; Justice Ibrahim Tanko Muhammad resigned June 27, 2022, some eighteen months to the mandatory age of 70.
And prior to Tanko’s resignation, Justice Mary Odili had also retired from the top bench May 12, 2022.
With the exit of Odili, Tanko and Aboki, the number of judges on the Supreme Court bench dropped from 21 (provided by the Nigerian Constitution) to 13, thus giving a shortfall of 8.
Ariwoola speaks
Speaking during the session, Acting CJN Ariwoola said: “His Lordship’s exit from our fold has drastically depleted our ranks and opened a yawning gap that will hardly be filled.”
Ariwoola, who bemoaned the burden the retirement places on the serving JSCs, said “a single drop in the number of justices here brings about a sudden increase in our workload.”
While pouring encomiums on the retired jurist, the CJN described Aboki as a “man of dignity and distinction whose mastery of the law stands him out.”
He said the retired jurist’s “name has been etched in gold” for offering “46 years of his life in the service of his fatherland.”
Justice Ariwoola urged him not to hesitate to come to the aid of the country whenever his contributions were needed.
In his remarks, Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) said Justice Aboki “brought to the task of adjudication, an acute sense of fairness and empathy.”
Represented by the Permanent Secretary Federal Ministry of Justice and Solicitor General of the Federation Beatrice Agba, the AGF expressed the nation’s gratitude to Aboki for his contributions to the advancement of the law.
Also, President Nigeria Bar Association (NBA) Yakubu Maikyau (SAN) eulogised the jurist for expanding the frontiers of law practice.
Aboki calls for financial transparency in judiciary
Taking the centre stage to render his valedictory speech, Justice Aboki called for transparency in the expenditure of funds belonging to the judiciary.
In the speech titled ‘My valedictory messages to the nation and judiciary in particular,’ the jurist called on “those in charge of administering the funds allocated to the judiciary” in Nigeria “to be prudent, transparent and accountable.”
On judges’ appointment, the retired JSC called on the NJC to “place greater premium on merit than national character and other primordial considerations.”
The retired justice urged the National Assembly to amend the constitution to reduce the number of appeals that go to the Supreme Court. This, he said, would lessen the workload of the apex court.
While thanking God and all those who made his sojourn in the judiciary worthwhile, Justice Aboki called on the executive arm of government to urgently review the remuneration of judicial officers.
He also called on the National Assembly to re-enact laws that would reduce the number of cases getting to the apex court for adjudication.
“Only appeals relating to presidential election should come to the Supreme Court. Others should end at the Court of Appeal. This call is of utmost importance, in order to lessen the heavy burden of the Justices of the Court,” the jurist said.
He similarly called on the CJN and the Legal Practitioners Privileges Committee (LPPC) to review the requirements for the conferment of the rank of SAN, saying this had become imperative in view of the “many frivolous, vexatious and needless appeals filed by lawyers desirous of the prestigious rank.”
SANs fault judges’ appointment process
Meanwhile, the Body of Senior Advocates of Nigeria (BOSAN) has faulted the appointment process of judges to the appellate courts.
Speaking on behalf of the body, Onomigbo Okpoko (SAN), said the “appointment process appears to have been designed and operated to exclude good and competent lawyers.”
The silk described the policy of Nigeria’s geographical spread in public service appointments as being “the foundation for the mediocrity and incompetence.”
Going down memory lane, Okpo recalling the composition of the Supreme Court at Nigeria’s independence, said the Supreme Court was filled by five justices who hailed from the Igbo and Yoruba ethnic groups.
The silk pointed out that the replacements for English judges at independence were “picked from among the best lawyers and judges of the time.”
They faulted the rejection of the NBA nominees for appointment to the Supreme Court by the immediate-past CJN.
In 2017, some accomplished lawyers in the country were nominated by the NBA for appointment to the Supreme Court bench.
But, the nominees comprising advocates and academics in the legal profession, never got to the Supreme Court.
“The Body of Senior Advocates takes the firm view that the selection and appointment of Justices for appointment to the Supreme Court and the Court of Appeal on the basis of replacement is one that cannot result in the appointment of the best lawyers into the appellate Courts in the country,” he said.
While stressing that the agitation of BoSAN in this respect, would not go away any time soon, Okpoko said: “Our submission to the appointing authorities is that the policy of replacement of the retiring Justices from their place of origin is not sound and should be discarded.
“The National Judicial Council as the appointing authority should address this issue and appoint the best candidates of our country to man our courts. After all, Justice is blind and so does not look at or see the faces of litigants.
“Justice knows no tribe and has no colour or religion. It has no specified location because it is everywhere. Let no one put on the Nigerian Judiciary the iron clad case of restricting the appointment of our Justices in the manner complained of,” BoSAN further submitted.
They, therefore, urged the NJC to expand the appointment to include the bar and academia, as there are well qualified persons in that area.
Okpoko, while stressing that constitutional way of becoming a Justice of the Court of Appeal or the Supreme Court, is by way of appointment and not promotion.
He listed former JSCs who did exceptionally well but where not initially judges.
“I met Justice Ephraime Akpata as a Chief Magistrate in Warri and have the fortune of appearing for the accused person in the last case Justice Akpata conducted as a Magistrate. You and I know that Justice Akpata made it to this Appeal Court from which he honourably retired. The issue of correct appointment of Judges is crucial”, BoSAN further said.
The body said the NJC chaired by the CJN, “should appoint the best candidates of our country to man the courts.”
Appointing lawyers from the bar directly to the Supreme Court bench is a rare occurrence in Nigeria, even though it is supported by the constitution.
Okpoko cited the appointment of Augustine Nnamani from the bar to the Supreme Court bench.
He said: “the appointment of appellate judges is not a promotional exercise” that excludes lawyers, adding “the National Judicial Council ignores” the pool of lawyers from the Bar and academia but “prefers to appoint candidates (to the appellate courts) on the basis that they have served…as judges.”
Okpoko expressed hope that the CJN and the NJC “will look into the matter favourably.”
Eligibility
To be eligible for appointment to the bench of the Supreme Court, an applicant must be a legal practitioner of not less than 15 years. The same applies to whoever is to be appointed as the Chief Justice of Nigeria.
Section 231(3) of the Nigerian constitution states: “A person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.”
The foregoing provision created the window for any legal practitioner who has plied the trade for not less than 15 years to be appointed as a Justice of the Supreme Court.
Swell the ranks – Usman, SAN
But speaking to our correspondent on the developments, Ustaz Usman (SAN) said there was an urgent need to swell the ranks of the Judges from their current number.
The workload, according to him, is already too much, saying any delay would not augur well for the justice system.
Usman who was shortlisted for the bench in 2015, insisted that as an urgent measure, such appointment should be done before next year, saying the workload on ground was massive.
On the appointment modalities, Usman added that it won’t be a bad idea getting lawyers from the bar and the academia in order to improve the nation’s justice delivery system.
He, nevertheless, advocated that caution must be taken from admitting unqualified or lawyers of questionable characters.
“The body responsible for such appointment should be careful from admitting just anybody. The Supreme Court bench should not just abhor any characters but impeccable and incorruptible lawyers.
“There should also be a secret background check and investigation of such candidate antecedents while growing up,” Usman noted further.
(Additional reports from Premium Times)
