Depleting Number of Supreme Court Justices Worries CJN

The rapid drop in the number of Justices of the Supreme Court, has become a major source of concern to Acting Chief Justice of Nigeria (CJN), Olukayode Ariwoola. The drop is a result of the retirement of the Justices who have reached the mandatory age of 70, but the CJN says the depletion of the number of Justices on the Supreme Courtโ€™s Vench burdens the court.

Speaking in Abuja on Thursday, at a Valedictory ceremony of  retired Justice of the Supreme Court, Hon. Justice Abdu Aboki,  Justice Ariwoola, said there are now very few Justices and the workload is heavy.

The Supreme Court had announced the exit of Justice Aboki, who hails from Kano State. He retired from the court on  August 5, 2022 having clocked the mandatory retirement age of 70. With Justice Abokiโ€™s exit, the number of Justices on the Supreme Court Bench dropped to 13, falling short by eight, of the 21 Justices the Nigerian Constitution provides as the full complement of the courtโ€™s Bench.

โ€œHis Lordshipโ€™s exit from our fold has drastically depleted our ranks, and opened a yawning gap that will hardly be filledโ€, Justice Ariwoola said.

Recalling that the number of Justices plummeted from 17 at the dawn of 2022, the CJN further lamented that โ€œa single drop in the number of Justices here, brings about a sudden increase in our workloadโ€.

Reacting to the CJNโ€™s concern, the Body of Senior Advocates of Nigeria (BOSAN), faulted the appointment process of Justices to the appellate courts.

Onomigbo Okpoko, a Senior Advocate of Nigeria (SAN), who spoke on behalf of BOSAN, said the โ€œappointment process appears to have been designed and operated to exclude good and competent Lawyersโ€ from being appointed Justices of appellate courts. He pointed out the policy of Nigeriaโ€™s geographical spread in public service appointments, as being โ€œthe foundation for the mediocrity and incompetenceโ€.

Recalling the composition of the Supreme Court at Nigeriaโ€™s independence, Mr Okpoko said the Supreme Court was filled by five justices who hailed from the Igbo and Yoruba ethnic groups.

He said the replacements for English Judges at independence, were โ€œpicked from among the best Lawyers and Judges of the timeโ€.

BOSAN queried the rejection of the nominations of the Nigerian Bar Association (NBA) for appointment to the Supreme Court by the immediate-past CJN, Tanko Muhammad. 

In 2017, some accomplished Lawyers in the country were nominated by the NBA, for appointment on the Supreme Court Bench. But, the nominees comprising advocates and academics in the legal profession, never got to the Supreme Court.

โ€œAgitation for Lawyersโ€™ appointment to appellate courts wonโ€™t go away.โ€ BOSAN said the Judges appointing authority, the National Judicial Council (NJC), which the CJN chairs, โ€œshould appoint the best candidates of our country to man the courtsโ€.

โ€œThe agitation in this respect will not go away any time soonโ€, Mr Okpoko said.

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. Mr Okpoko cited the appointment of Augustine Nnamani from the Bar to the Supreme Court Bench. He said โ€œthe appointment of appellate Judges is not a promotional exerciseโ€ that excludes Lawyers, adding: โ€œthe National Judicial Council ignores the pool of Lawyers from the Bar and academia, but โ€œprefers to appoint candidates (to the appellate courts) on the basis that they have servedโ€ฆas Judgesโ€.

Mr Okpoko expressed hope that the CJN and the NJC โ€œwill look into the matter favourablyโ€.

#upjudicialsalaries

โ€œThe current condition of service of Judicial Officers in Nigeria, is pathetic. As at today, the salary of a Justice of the Supreme Court of Nigeria, is little above $1,000 (N705,000). This is the highest court of the land!!! The lower courts obviously receive less. This is grossly inadequate. I call for a quick and immediate improvement of salaries and conditions of service, of my Learned Brothers.โ€ – Honourable Justice Abdu Aboki, JSC (Rtd)

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