S’Court Bench Depletes Further as Valedictory Service for Retired Justice Aboki Holds Thursday

Alex Enumah in Abuja

The number of justices at the Supreme Court of Nigeria has further reduced from 14 to 13, following the retirement of Justice Abdu Aboki, who attained the age of 70 last month.

According to a statement by the apex court, Justice Aboki bowed out of office on August 5, when he attained the mandatory retirement age of 70 years for Justices of the Supreme Court.

The statement, signed by the Supreme Court’s Director, Press and Information, Dr Festus Akande, said: “The valedictory court session could not hold then due to the annual vacation of the court.

“Justice Abdu Aboki was sworn in as Justice of the Supreme Court alongside seven other distinguished jurists on November 6, 2020; thus spending a rather short period of one year and eight months on the apex court’s bench.”

The then Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad (rtd), had commended President Muhammadu Buhari for the appointment of Aboki and the seven others, stating that: “The bench of the Supreme Court is one short of its full complement of 21 Justices.

“Before now, there are only 12 Justices on the bench of the Supreme Court but with the new eight Justices, we now have 20 Justices.”

However, in less than two years, the bench has witnessed a sharp drop from 20 to 13, owing to death and retirements. 

This year alone, the Supreme Court so far has witnessed four retirements. First was Justice Mary Peter-Odili, who retired on May 13, 2022 and was quickly followed by Justice Ejembi Eko on May 23 and thirdly, former CJN, Ibrahim Muhammad, on June 27.

However, while both Justices Peter-Odili and Eko had retired based on attaining the compulsory retirement age of 70 years, the former CJN hurriedly resigned before his retirement age which was due in December next year. 

Although, Muhammad had cited health reasons for his prematured retirement, it would be recalled that 14 Justices of the Supreme Court had protested over working conditions at the apex court which they said was deplorable in the history of the Judiciary.

Following the protest and other corruption allegations, the former CJN then tendered his resignation letter to the president and Justice Kayode Ariwoola, who was next in rank to him then, was sworn in as CJN after his confirmation by the Senate. 

With the current number of 13, including the CJN, Justice Ariwoola, that the workload on the final court will be too cumbersome would be an understatement. 

For example, for any constitutional matter to be heard, it would require the constitution of a seven-man panel. The implication is that with the current number of 13 Justices, the apex court cannot constitute two separate panels at once.

It should be noted that the next general election is roughly six months away and with several pre-election matters at various stages in the various levels of courts and all definitely ending up in the apex court, the need for appointment of more Justices cannot be more urgent. 

Justice Aboki was born on August 1952 in the commercial city of Kano. He had his primary and secondary education in Kano State before proceeding to Ahmadu Bello University, Zaria where he studied Law. 

Upon his graduation in 1976, he proceeded to the Nigerian Law School in Victoria Island, Lagos; and was called to the Nigerian Bar in 1977.

He was appointed a High Court Judge in Kano State Judiciary in 1987. He was elevated to the Court of Appeal in 2006; from where he became a Supreme Court Justice in 2020. 

He had served in different capacities in many committees at different levels of courts in the course of his career. He had equally attended several conferences and workshops where he presented scholarly papers within and outside the country.

According to the statement, his “Valedictory court session which will commence at 10:00am at the main courtroom of the Supreme Court, will be presided by the acting Chief Justice of Nigeria, Justice Olukayode Ariwoola”.

The remaining 13 Justices include 

Justice Olukayode Ariwoola, Justice Musa Dattijo Muhammad, Justice Kudirat Kekere Ekun, Justice Inyang Okoro, Justice Chima Nweze, Justice Amina Adamu Augie, Justice Uwani Abba Aji, Justice Lawal Garba and Justice Helen Ogunwumiju.

Others are Justice I.N.M. Saulawa, Justice Adamu Jauro, Justice Tijjani Abubakar and Justice Emmanuel A. Agim.