As S’Court Attains Full Complement of 21 Justices…

The apex court, now with its full complement of 21 Justices, no doubt will be poised for efficient and effective justice delivery, as political litigations are expected to surge before and after the 2027 general elections, writes Alex Enumah.

On Wednesday, February 25, 2025, Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, swore in Justice Joseph Oyewole as a Justice of the Supreme Court of Nigeria (SCN), thereby bringing the total number of Justices on the bench of the apex court to its maximum 21. The feat according to the CJN was a significant milestone in the nation’s judiciary as it marks the second time within a short period that the apex court would be having the full or maximum number of Justices on its bench.

The first was in February 2024, when 11 justices recommended to President Bola Tinubu for appointment were sworn in as Justice(s) of the Supreme Court (JSC). Before the coming of the Tinubu administration, the bench could barely boast of 10 justices, including the then Chief Justice of Nigeria, Justice Olukayode Ariwoola. The situation then which was a far cry from the constitutional provision, created a heavy burden on justices of the apex court, and the justice system, since the apex court was the final court in the country. Delay in justice delivery as well as backlog of cases was the order of the day, as the 10 justices could barely form two separate panels to hear pending appeals in ordinary matters and just one in a constitutional matter.

Section 230(2)(b) of the 1999 Constitution stipulates that, “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”. This is believed would enhance efficiency, reduce the heavy backlog of pending cases, as well as manage the enormous, growing workload, owing to the fact that Nigerians are a very litigious set of people. From land and business to politics and human rights, almost all cases from the magistracy find their way to the Supreme, except where such cases are limited by law.

Therefore having its full complement of 21 justices would enhance faster hearing and determination of appeals, which were previously delayed due to fewer justices. Before the swearing-in of Justice Oyewole last week, the bench of the apex court had 20 Justices. They are; the CJN, Justice Kudirat Kekere-Ekun, Justice John Inyang Okoro, Uwani Musa Abba Aji, Mohammed Garba Lawal, Helen Ogunwumiju, Ibrahim Saulawa, Adamu Jauro, Tijjani Abubakar, and Emmanuel Again. Others include; Haruna Tsammani, Moore Adumein, Jummai Sankey, Chidiebere Uwa, Chioma Nwosu-Iheme, Obande Ogbuinya, Stephen Adah, Habeeb Abiru, Jamilu Tukur, Abubakar Umar, and Mohammed Idris.

The implication is that, the apex court could only hear two constitutional matters simultaneously. However, with the addition of Oyewole, it can constitute three panels simultaneously on constitutional matters, thereby ensuring speedy dispensation of justice, on one hand and on the other, reducing the workload of justices who would have been forced to be part of the third panel.

Speaking shortly after Oyewole’s inauguration, the CJN remarked that the appointment has once again enable the apex court to attain its full complement of 21 justices, as provided by the Constitution of the Federal Republic of Nigeria. After it attained its full complement in February 2024, it quickly depleted to 20, with retirement of then CJN, Justice Olukayode Ariwoola, in August 2024. Unlike, in previous times when further depletion would have taken place before appointments were made, President Tinubu did not delay in appointing Oyewole, once he was recommended by the National Judicial Council (NJC).

In her speech at the occasion, Kekere-Ekun disclosed that following the addition, judgments of the apex court would now be more robust, efficient and enriching.

She said: “With the Oath of Allegiance and the Judicial Oath just administered, Your Lordship assumes not merely a new office, but a solemn and enduring trust at the highest level of our judicial hierarchy. By this act, My Lord, you join the Supreme Court of Nigeria, the final interpreter of the Constitution and the ultimate guardian of legal rights within our Republic.

“This occasion carries an added institutional importance. With Your Lordship’s elevation, this Court now stands at its full constitutional complement. This is no small milestone. A full Court enhances our capacity to sit in robust panels, to manage our docket more efficiently, and to ensure that the business of the nation’s apex Court proceeds with renewed vigour and dispatch. It enriches intellectual diversity, and reinforces the stability of our jurisprudence.

“For a Court whose pronouncements shape the legal destiny of the nation, numerical completeness is structurally significant to the effective discharge of our constitutional mandate”.

The CJN however warned that appointment to the apex court is not simply the culmination of professional distinction; but the acceptance of a sacred national responsibility because, its pronouncements settle controversies, shape the development of the country’s jurisprudence, and define the contours of constitutional governance.

Kekere-Ekun stressed that, “Its judgments do not speak only to the parties before it; they speak to generations yet unborn”, adding that the authority of the apex court rests not on force, but on the moral weight of its reasoning, the discipline of its processes, and the integrity of men and women privileged to serve on its Bench.

While reminding Oyewole that his elevation is a testament to years of disciplined scholarship, fidelity to the law, and distinguished service on the bench, the CJN warned that at the apex court, the judicial function does not only transcends the resolution of disputes but demands stewardship, careful guardianship of precedent, principled development of the law, and unwavering allegiance to constitutional supremacy.

“A Justice of this Court must possess the courage to affirm settled doctrine where stability demands it, and the wisdom to refine it where justice and constitutional fidelity so require.

“Your Lordship is called upon to decide according to law and conscience, free from fear, favour, affection, or ill-will. Where

Your Lordship’s considered conviction differs from that of your brother Justices, Your Lordship must have the courage to dissent with courtesy and precision. A principled dissent, expressed with intellectual honesty, is not a fracture of unity; it is often the seed of future doctrinal growth.

“The oaths Your Lordship has taken represent a covenant, binding in conscience and in law. It demands moral courage when decisions are unpopular, restraint when passions run high, and steadfastness when pressures, subtle or overt, seek to intrude upon judicial independence.

 “At this level of adjudication, scrutiny is intense and commentary often instantaneous. Your compass must remain fixed upon the Constitution and the law”, she added.

The elevation of Justice Oyewole, to a greater extent would enhance the efficiency of the apex court, particularly now that political parties have commenced congresses for election of their national executives leading to primary elections for the election of parties’ flag bearers in the various elective positions ahead of the 2027 general elections, billed for January 16 and February 6, 2027.

The Tinubu administration and successive governments should however, ensure the timely appointments of Justices to fill vacant position once recommended to them. This would guarantee that the Supreme court operates at its full capacity always.