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Reversal of Erroneous Bank Transfers: Are the Customary Courts now grabbing the Magistrates’ and High Courts’ jurisdiction?

A Passionate Call to the Chief Judges to stem this dangerous tide of jurisdictional Usurpation

By Olumide Babalola

In January 2025, when a financial institution was threatened with contempt proceedings and garnishee proceedings for their alleged failure to comply with an order of a Customary Court sitting in Oyo State, we were briefed to enter appearance, and I had to personally attend the court to contain the situation.

The journey was about 40 minutes out of Ibadan to a remote village or town known as “Iroko.” On a lighter note, Google map could not even take me there; navigation satellite rather suggested Iroko TV

It was my first appearance at a customary court—an unfamiliar terrain and under unimagined circumstances—garnishee proceedings bearing threatened contempt proceedings against our client.

Happily, I was able to get the client discharged, but the demeanour of the learned judges confirmed to me that such proceedings might have become a staple cause in their courts. These courts are historically and primarily tasked with resolving issues related to land disputes, succession, inheritance, and matrimonial causes based on customary law, as they have become an integral part of the country’s judicial structure. However, a troubling trend has emerged in recent years: cases involving Erroneous bank transfers are being litigated in these same courts, raising serious questions about the boundaries of their jurisdiction and the proper application of the law.

Customary Courts and Their Limited Jurisdiction
The jurisdiction of customary courts in Nigeria is clearly defined and confined to matters relating to native law and custom. Disputes involving land ownership, inheritance rights, and matrimonial issues are the bread and butter of customary courts, as these matters are deeply connected to the social fabric and traditions of local communities. However, an emerging and concerning phenomenon has seen matters unrelated to customary law, such as disputes over erroneous bank transfers, being brought before these courts. Such disputes are often based on banking services, torts of negligence, or breaches of contract—none of which fall within the scope of native law or custom. These cases, rooted in modern financial transactions and contract law, do not have the cultural traditional relevance that would justify their adjudication by customary courts.

Jurisdictional Conflict: The Case of Erroneous Bank Transfers

Erroneous bank transfers typically arise when funds are transferred in error from one bank customer’s account to another, often due to clerical mistakes or technological glitches. The legal remedy for such issues typically lies in contract law, tort law, or consumer protection statutes, and the proper venue for these cases is a court with general jurisdiction over civil matters, such as a High Court or a Magistrates Court. Customary courts, on the other hand, are not equipped or authorized to adjudicate on these matters, as they fall outside the realm of customary or native law.vThe growing trend of litigating banking-related issues in customary courts, particularly those concerning erroneous bank transfers, represents a jurisdictional overreach that risks undermining the integrity of the judicial system. It is critical to note that customary courts do not have the statutory or legal framework to address matters such as breaches of banking contracts or negligence claims, which are inherently tied to modern commercial law

Garnishee Proceedings and Enforcement of Judgments The problem is further compounded by the practice of enforcing judgments issued by customary courts through garnishee proceedings. Garnishee proceedings, governed by the Sheriffs and Civil Process Act (SCPA), are meant to be used by specific courts—namely, the High Courts and Magistrate Courts. The SCPA’s interpretation section explicitly states that only these two types of courts have the jurisdiction to issue Garnishee Orders to show cause, a process that allows creditors to collect debt directly from a third party holding the debtor’s funds, such as a bank.

Yet we are witnessing situations where customary courts, in the course of enforcing judgments, are invoking garnishee proceedings. This raises serious concerns, as these courts do not have the authority to do so under the SCPA, and such actions risk violating the clear division of responsibilities between different levels of the Nigerian court system.

Further complicating matters, the Customary Court Rules, including those under the Customary Courts Law of Lagos State, specifically vest the enforcement of money judgments with magistrate courts. For instance, Order 9 Rule 1 of the Lagos State Customary Court Rules clearly states that only Magistrates’ Courts have the power to enforce monetary judgments. This misalignment between the customary courts and the relevant enforcement mechanisms suggests a serious legal inconsistency that undermines
the integrity of the enforcement process.

The Need for Judicial Reassessment

The judicial system in Nigeria, as in any country, thrives on clarity, consistency, and adherence to established legal principles. The increasing trend of bringing banking and financial disputes, such as erroneous bank transfers, before customary courts represents a disturbing erosion of this principle. Customary courts were not designed to adjudicate on issues pertaining to modern financial transactions, and their involvement in such matters only risks clouding their true purpose: to preserve and enforce native law and customs.

It is, therefore, crucial for the Chief Judges of respective states to address this jurisdictional issue. The involvement of customary courts in matters beyond their statutory remit not only jeopardizes the integrity of the judicial system but also creates confusion among litigants about the proper forum for their disputes. The judiciary must take steps to reaffirm the limited scope of customary courts and ensure that matters involving banking errors, breaches of contract, and negligence are directed to the appropriate courts with the necessary jurisdiction and expertise.

Our Colleagues at the Bar need to do better
In 2025, it is unimaginable that we would be arguing and filing objections on whether or not customary courts have jurisdiction to entertain banker/customer disputes. The civil jurisdiction of these courts is identical nationwide. For context, section 22 and the first schedule of the Customary Courts Law, Chapter C19, Laws Of Lagos State, 2015 prescribe the court’s jurisdiction, thus:

“(1) Unlimited jurisdiction in matrimonial causes and other matters between persons married under Customary Law or arising from or connected with a union contracted under Customary Law and related matters.

(2) Unlimited jurisdiction in suits relating to the guardianship and custody of children under customary law.

(3) A Customary Court shall have jurisdiction in causes and matters relating to inheritance upon intestacy and the administration of intestate estates under Customary Law, provided that the Customary Court shall not have jurisdiction where the value of the property or claim exceeds Five Hundred Thousand Naira (N500,000.00).

(4) A Customary Court shall have civil jurisdiction in other causes and matters as conferred under any bye-law passed by a local government, provided the claim does not exceed Five Hundred Thousand Naira (N500,000.00).”

What runs through the provision is “customary law,” hence any matter that does not relate to customary law is beyond the reach of customary courts. Banker/customer relationships are within the precinct of banking law, tort law, and the law of contract, except the reversal is to be made from a bank registered under customary law—I doubt if one exists in Nigeria.

Recommendations for Reform
The Chief Judges should issue directives or practice notes clarifying the jurisdictional limits of customary courts, particularly concerning banking and financial disputes. These directives should emphasize that customary courts are not competent to adjudicate matters involving erroneous bank transfers, contract disputes, or tort claims.

Conclusion
The judiciary is the cornerstone of any legal system, and it is vital that each level of the court system remains true to its function. While customary courts serve an important role in preserving and adjudicating matters of native law and custom, it is critical that their jurisdiction remain limited to those areas. The encroachment of banking and commercial disputes into these courts poses a threat to the clarity and efficiency of Nigeria’s judicial system. The Chief Judges of the respective states must take immediate action to clarify the jurisdiction of customary courts and prevent further jurisdictional overreach, ensuring that the legal system remains fair, transparent, and capable of handling the complex issues of modern society. If we are not careful, we may wake up one day to a maritime of fundamental rights matters before the customary courts. Let’s take heed while the sun is still out

ACCI DG calls for collaboration to make 2025 business-friendly

The Director-General of the Abuja Chamber of Commerce and Industry (ACCI), Mr. Agabaidu C. Jideani, has issued a strong call to action for the government and private sector to create a business-friendly environment in 2025.

In his statement, Mr. Jideani highlighted the need to address pressing challenges that hinder the growth of businesses in Nigeria, such as regulatory burdens, infrastructure deficits, and limited access to finance stating that the government and private sector must work together to create a conducive business environment that supports the growth and development of businesses in Nigeria.

The ACCI Director-General emphasised that the government should prioritize the implementation of business-friendly policies and focus on improving budget execution, particularly in infrastructure development.

He urged the government to amongst other things streamline regulatory frameworks to eliminate overlapping and complex processes that burden businesses, expedite tax reforms to address multiple taxation, simplify procedures, and reduce costs and delays in obtaining permits and licenses, and ensure effective and timely implementation of infrastructural projects to enhance the operating environment for businesses.

“The government must create a stable and supportive environment that inspires confidence among investors and businesses alike,” Mr Jideani stated.

While also addressing the private sector, Mr. Jideani called for a proactive approach to adapting to the evolving business climate. He encouraged businesses to leverage artificial intelligence (AI) and innovative technologies to improve operational efficiency and enhance customer satisfaction.

He also added that businesses to embrace flexible work arrangements, such as remote working, to reduce costs and foster a better work-life balance for employees and invest in staff welfare and development to boost productivity, enhance talent retention, and improve overall business performance.

Mr. Jideani also underscored the importance of supporting SMEs, which play a crucial role in Nigeria’s economic development. He identified the following as key areas of focus:
• Reducing regulatory burdens to allow SMEs to operate efficiently.
• Enhancing access to affordable financing and resources to enable growth and sustainability.
• Protecting SMEs from harassment and intimidation by government agencies and municipal authorities.

According to a press statement signed by Olayemi R. John-Mensah, the ACCI Media/Strategy Officer, the DG ACCI further emphasised the urgency of addressing these challenges and implementing reforms, noting that the Abuja Chamber of Commerce and Industry has consistently advocated for business-friendly policies in the fiscal year 2025.

“By working together, the government and private sector can create a conducive business environment that fosters growth, development, and prosperity,” he said.
The ACCI remains committed to supporting initiatives that drive economic growth and providing a platform for dialogue and collaboration among stakeholders in Nigeria’s business ecosystem.

Argentina government plans to remove femicide from penal code

In the latest attack on women’s rights, the government of Argentina is seeking to remove legal recognition of gender-based killings.

Femicide will be struck from Argentina’s penal code, according to a vow from the administration of Javier Milei, the president. It is his administration’s latest attack on women’s rights.

Mariano Cúneo Libarona, the justice minister, said the government will “eliminate the figure of femicide from the Argentine penal code” adding that feminism was a “distortion of the concept of equality”.

“This administration defends equality before the law enshrined in our national constitution. No life is worth more than another,” Cúneo Libarona said.

Femicide – the murder by a man of a woman in the context of gender violence – was added to the penal code as an aggravating factor of homicides in 2012, and is punishable with life imprisonment.

The announcement came shortly after Milei decried the concept of femicide at the World Economic Forum in Davos, and said that “equality before the law already exists in the west. Everything else is just seeking privileges.”

“We’ve reached the point that in many supposedly civilised countries, if a woman is killed, it is called femicide. And this carries more serious punishment than if you kill a man simply based on the sex of the victim – legally making a woman’s life be worth more than that of a man,” he said.

According to a report by the Argentina’s observatory of femicides of the ombudsman of the nation, 295 femicides were recorded between 1 January and 31 December last year.

Mariela Belski, Amnesty Argentina’s executive director, said it was “deeply concerning” that violence against women is not “being understood” by the state. Although globally there are more homicides of men than women, the home is the most dangerous place for women and girls, she said. Sixty per cent of women are killed by their partners or family members, compared with 12% of men.

“Removing femicide as a legal category would pose a greater danger to women and girls,” Belski said.

Argentina has a recent history of strong feminist mobilisation. In 2015, a wave of marches against femicide sparked similar protests in Peru, Uruguay, Italy and Germany, while the country’s Green Wave movement was instrumental in securing safe abortion rights in 2020. Argentina was also the first Latin American country to implement a parliamentary quota system for women in 1991.

But with that progress has come a push-back – a sentiment that Milei successfully tapped into during his campaigning. “I won’t apologise for having a penis,” he said in 2022.

Since taking power, Milei has eliminated the ministry of women and dissolved the undersecretariat for protection against gender violence. He has cut back programmes providing support for victims of gender violence, and at Davos attacked the “bloody and murderous abortion agenda”. In November, Argentina was the only country to vote against a UN general assembly resolution to prevent and eliminate all forms of violence against women and girls.

“It is more of the same misogyny that this government promised in its electoral campaign and that deepens day by day,” said Soledad Deza, a prominent lawyer and president of the feminist organisation Mujeres x Mujeres.

As it ramps up its “cultural battle” against “wokeism”, Milei’s government is also now working to repeal legislation including labour quotas for sexual minorities, gender parity in electoral lists and non-binary identity documents. The administration also aims to overturn Micaela’s Law, which establishes mandatory training in gender issues for public employees.

“The Micaela Law was created because Micaela’s femicide, like so many others, could have been avoided if the people involved in the days, months and years before had made decisions with a gender perspective,” said Nestor García, the father of Micaela García, whose death led to the law’s creation. “This is a very dangerous issue … to promote these policies against the gender perspective, which are in my opinion in breach of the constitution of our country.”

Milei’s decision also comes as Donald Trump – who has called his Argentine counterpart his “favourite president” – has begun his own crusade against gender and diversity policies. In the past week, Trump has said diversity, equality and inclusion initiatives were “dangerous, demeaning and immoral” and revoked orders aimed at preventing discrimination based on gender identity or sexual orientation.

This article was originally published by The Guardian and written by Harriet Barber.

A Pandemic of violence

By Olufunke Baruwa

Nigeria faces a dual crisis of violence against women and children. Alarming rates of child abuse and femicide reflect deep societal issues rooted in systemic inequality, weak law enforcement, and economic hardships. Violence, sadly, is becoming normalised rather than the exception.

According to UN Women, femicide—the killing of a woman or girl by a man due to her gender—is the most extreme manifestation of gender-based violence. In 2023, 51,100 women were killed globally by intimate partners or family members, with Africa accounting for 40% of these deaths.

Femicide in Nigeria is fuelled by harmful social norms and cultural practices. Women of all ages, social classes, ethnicities, and religions can become victims—whether at the hands of husbands, intimate partners, or strangers, such as ritualists or criminals involved in “one-chance” robberies. These acts are further compounded by victim-blaming, where society unjustly attributes the violence to the victim’s behaviour or life’s choices.

Child abuse, encompassing physical, sexual, emotional, and psychological harm, remains widespread. The World Health Organization estimates that six in ten children (400 million) under five globally experience physical punishment or psychological violence, impairing their lifelong physical and mental health at the hands of their parents or caregivers.

Incidents of severe physical punishment, including deaths resulting from flogging in schools, highlight the societal acceptance of corporal punishment. Poverty, cultural norms, childhood trauma, weak protection systems, and conflict are among the key drivers. Economic hardship pushes families to exploit children for labour or force them into early marriages, further perpetuating cycles of vulnerability.

Corporal Punishment: A Controversial Practice

Many Nigerians defend corporal punishment as a method of discipline. However, this practice often escalates into abuse, leaving long-term psychological scars. While proponents argue, “This is how we were raised, and we turned out fine,” the prevalence of unresolved trauma, low self-esteem, and short tempers in society suggests otherwise. Victims of child abuse often suffer long-term psychological trauma, poor educational outcomes, and grievous physical harm, perpetuating cycles of poverty and vulnerability.

In Lagos, a teacher was arrested following a disturbing viral video on social media which showed her slapping a three-year-old boy in class. Similarly, in Anambra, Kaduna and Ogun, students were flogged to death – these heartbreaking stories are a sad conclusion that Nigeria has a pandemic of violence against women and children.

The normalisation of corporal punishment reflects unaddressed psychological issues stemming from childhood abuse. Without access to therapy or psychological support, these traumas often manifest in harmful behaviours or mental health crises. Corporal punishment is barbaric, it no longer has a place in our society and does not necessarily instil discipline and character in children. If it did, a vast majority of Nigerians above 50 should be of excellent character but our society points otherwise.

Economic hardship forces many families to exploit children for labour or subject them to harmful practices such as child marriage while disciplinary practices that normalise corporal punishment often escalate into abuse. Limited enforcement of child rights laws and inadequate child welfare services leave children vulnerable and in conflict zones, children face heightened risks of abduction, recruitment into armed groups, and exploitation.

Although Nigeria has ratified international conventions like the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), enforcement remains weak. Support systems such as shelters, counselling, and rehabilitation programs are scarce and underfunded. Efforts to address violence often face resistance due to deeply ingrained societal norms that prioritise tradition over reform.

The Crisis of Femicide

Femicide in Nigeria is driven by patriarchy, impunity, economic dependence, and harmful cultural and religious beliefs. Deeply entrenched gender norms render women subordinate, increasing their vulnerability to violence. Perpetrators often escape justice due to inadequate investigations and societal acceptance of violence.

Deep-seated gender norms often render women and girls subordinate, increasing their vulnerability to violence and perpetrators of femicide frequently escape justice due to inadequate investigations and societal acceptance of violence. Many women are financially reliant on abusive partners or family members which can trap women in dangerous situations while practices such as widowhood rituals and harmful stereotypes contribute to violence against women.

The consequences of femicide extend beyond individual victims, affecting families, communities, and societal stability. The loss of women’s contributions to society further entrenches inequality. Public reactions to femicide cases often involve victim-blaming, with accusations of promiscuity or disobedience used to justify the violence. This culture of shaming is even more deleterious, perpetuates impunity and further endangers women.

Recent cases in Nigeria underscore the brutality of femicide: a 24-year-old woman decapitated by an acquaintance in Abuja, a wheelchair-bound 74-year-old elderly woman burned to death in Anambra, a middle-aged wife set on fire by her husband over unfounded infidelity accusations and another young woman dismembered by twin brothers in Ogun. The situation is no different in Kenya where a man was found with the dismembered body of his 19-year-old wife. These stories reveal the pervasive violence against women that transcends age, social class, and geography.

Once a woman is killed by her intimate partner or a total stranger, the first public reaction and first line of defence by the perpetrator is that she is promiscuous, disobedient or unfaithful. These statements are often a cheap escape route to elicit sympathy from the public to justify the gruesome act.

Breaking the Cycle of Violence

To stem this tide of violence, Nigeria must adopt a multi-pronged approach. First by strengthening legal frameworks to ensure robust enforcement of existing laws and enact comprehensive legislation. Secondly, we must urgently and collectively raise awareness through advocacy and sensitisation campaigns to shift cultural norms, encourage healthy discipline, promote gender equality and positive masculinity.

Then, enhance support services by investing in accessible, well-funded support systems and empower women and children by providing economic opportunities and education to reduce dependency and increase agency. Lastly, continuous education and awareness to shift negative social norms as well as working closely with faith and culture leaders to challenge harmful practices and promote accountability.

For parents and guardians, what are the alternatives to corporal punishment? Healthy forms of discipline include setting clear boundaries, praising and incentivizing positive behaviour, explaining consequences calmly, redirecting unwanted behaviour, giving choices where appropriate, using time-outs when necessary, leading by example, and actively listening to the child’s perspective, all while focusing on teaching and guiding rather than punishing can foster obedience and mutual respect. Corporal punishment, shaming, and excessive anger harm children’s development and self-esteem. A focus on teaching and guidance, rather than punishment, can nurture well-rounded individuals.

To address femicide, a bouquet of comprehensive prevention efforts focusing on education and changing harmful social norms, robust legal frameworks with effective enforcement, strong support systems for survivors, empowering women economically and socially, engaging men and boys in prevention, robust data collection and analysis to understand the issue, and addressing the root causes of gender inequality across sectors like healthcare, education, and employment to achieve systemic change.

Addressing child abuse and femicide requires collective action from the government, civil society, and communities. By tackling root causes and fostering an environment of accountability and support, Nigeria can work towards breaking the cycle of violence and creating a safer future for all especially its most vulnerable.

Nursing mother allegedly murders maid for watching TV with her children

For watching television with her kids in Owerri, Imo State, a nursing mother has reportedly killed her underage housemaid.

But for some intervention, the lady would have been lynched by an infuriated mob. 

A video shared online showed the woman carrying her child in a hospital in Owerri where the young girl died on account of the deep injuries allegedly inflicted on her. 

As a crowd gathered around the hospital, voices could be heard in the video accusing the woman while the girl was shown lying lifeless in a hospital bed. 

As they confronted the woman, the crowd at some point got agitated but someone warned them not to hit the nursing mother. 

“Guy, no hit am, no hit am,” a voice is heard saying. 

“She’s going to NAPTIP straight,” another says. 

According to journalist Nonsonkwa Ochi War, the woman was apprehended by neighbours after the incident. 

The underage maid was said to have been punished for sitting with the woman’s children to watch TV and this ultimately resulted in her death. 

In the video trending online, the nursing mother was seen explaining herself but the crowd’s voice drowned hers. 

“Very wicked woman. Is that not someone’s child?” Someone asked while showing the body of the maid. 

“See her body, see what she did to her,” onlookers are heard saying as they film the girl’s body with their phones.

The woman was later heard narrating how she went to the market, returned home, and started cooking, but the voice of the crowd again drowned hers while they called her names. 

See Also: Did you know that Francia Marquez, VP of Colombia was a housemaid? Watch out for that house-help you’re brutalising…

“You’re wicked. You’re a wicked soul,” they tell her, adding, “See the child she took.” 

The video has sparked outrage online, with many joining the woman’s neighbours to call for justice for the child. 

Watch the video below.

NBA AGC 2025 Early Bird registration, 31 days to go

31 days to go! The Early bird registration for the 65th NBA AGC which began on January 1, 2025, will end on February 28, 2025.

When it closes, regular registration will commence on March 1, 2025, and run through May 31, 2025.

This year’s conference will take place in the Garden City of Port Harcourt, Rivers State.

The NBA AGC is an annual event dedicated to exploring the latest developments in law and providing participants with the highest-level insights from leading experts in the field.

How to Register:
To register for the conference, please follow the simple step-by-step guide below:

  1. Visit the registration portal at https://agc.nigerianbar.org.ng/register/event.
  2. Click on “Register”.
  3. Select the “Individual” option.
  4. Input your details as prompted.
  5. Preview your details for accuracy.
  6. An email verification link will be sent to your registered email address (please check your spam folder if you do not see the email in your inbox).
  7. Proceed to login using the verified details.
  8. Click on “Make Payment” to complete your registration.
  9. Once payment is made, you will receive a receipt and a confirmation email.

Important Notes:
• Your Supreme Court Number (SCN) will serve as your unique identifier throughout the registration and conference process.
• QR codes will also be utilized for verification purposes during the event.
• We urge all registrants to ensure their email details are correctly entered to avoid delays in receiving verification and confirmation emails.

The NBA looks forward to welcoming you to this prestigious event, where critical legal issues and innovations will be discussed, and networking opportunities will abound. Act promptly to secure your participation at early bird rates, which will only be available until February 28, 2025. 

For registration inquiries or further assistance, please contact Sadeeq at: [email protected] or 09129209903(Strictly on Whatsapp).
Register today and join us for an unforgettable 2025 Annual General Conference!
Signed;
Chief Emeka Obegolu SAN, Chairman, AGCPC

Barbara Omosun, Esq.
Secretary AGCPC

Achara, Odinkalu, Okutepa and another call for caution on proposed regionalisation of Supreme Court

“The problems of the Nigerian Supreme Court are not in decentralisation. The Supreme Court of Nigeria is about the only Supreme Court I know of that entertains all manners of appeals. The Supreme Court of Nigeria is overwhelmed and over-bloated by unreasonable and unnecessary appeals.”

By Lillian Okenwa

Although the Chief Justice of Nigeria (CJN), JHon. Justice Kudirat Kekere-Ekun, has explained the reasons behind conflicting judgments in the courts, blaming it on the lack of conferencing by various panels of the appellate courts, Nigerian lawyers have expressed concern over the plan by the House of Representatives to decentralise the apex court, some asserting that the case of conflicting decisions will worsen. Some others, however, applaud the idea.

The House of Representatives on 9 December 2024, introduced a bill seeking to create five divisions of the Supreme Court across the country, in addition to the headquarters, in Abuja. Abuja according to the bill, is expected to serve the North Central geo-political zone.

The bill, titled, “A bill for Act to amend the Constitution of the Federal Republic of Nigeria, 1999, to provide for the establishment of five divisions of the Supreme Court of Nigeria; to enhance access to the highest justice, to minimise the logistical cost of accessing justice and to ensure timely dispensation of matters brought before the apex court,” was sponsored by Manu Soro, representing Darazo/Ganjuwa federal constituency of Bauchi State.

The proposed legislation which has gone through the first reading, according to reports, is seeking the alteration of Section 230(1) of the 1999 Constitution (as amended) for divisions of the Supreme Court to be located in Umuahia for the South East, Bauchi for the North East, and Uyo for the South-South, Lagos for the South West and Kano North West.

Prof. R.A.C.E. Achara: “When the concept of a cohesive top court is misunderstood, the country’s Supreme Court is exploded into discombobulated blobs of distant division. I think this is one of the steps towards regionalization. But, even then! If we’re talking independence, okay. Anything less? A scattered SC in the face of already inconsistent panels is totally incomprehensible…

“When the concept of a cohesive top court is misunderstood, the country’s Supreme Court is exploded into discombobulated blobs of distant division…

“It seems slightly counterintuitive but the answer is to contract the number to 7 (1 CJN and 6 JJSC) of thoroughly grounded justices in the fundamental theory of Nigerian laws and procedural rules for their application (unfortunately theory has unwisely become almost a curse word in Nigeria).

“It is largely – how does one say this delicately to avoid offence? – it is largely a general disparity of capacity among members of our top court and its most influential advocates who serve to shape their decisions, on the one hand; and the decisional discrepancies that consequently arise and plague the current legal system, on the other hand, that principally cause the over-bloated dockets, not just in the SCN but in courts lower than it in the judicial hierarchy.

“When there is systemic or profuse uncertainty in SC decisions, litigants are motivated to gamble; and prudent counsel are forced to hedge their defences, multiply preliminary and interlocutory processes to pre-empt capricious adjudicators who are armed with the Janus of equally ranked conflicting judgments.

“It has not always been this atrocious. Read decisions of the regional High Courts of yore, for example, and marvel at how 4 pages of a judgment often make more judicial sense than 40 pages of internal and logical contradictions that many (I could even say most) of our superior trial and appellate courts bombard us with today.

“When the judge knows his onions, he can fairly narrow issues, speed up the trial, compress the judgment and thus provide a certain, logical, precedent that encourages future out-of-court settlements and therefore fewer court filings, et cetera.

“It is counterintuitive alright, but the deluge of dockets, especially at the SCN, has the best practical solution not in more justices and diverse territorial postings; but in fewer and better-grounded justices compelled to sit and ultimately decide en banc and only in one panel of all available justices (with a minimum quorum of 5 JJSC to take account, from time to time, of possible indispositions or recusals).

Prof. Anselm Chidi Odinkalu: “The Supreme Court will become like the Court of Appeal. We already have enough crisis of conflicting decisions. It will be cubed!

“I think we can all agree that the Supreme Court today is very overburdened. We should also be able to agree that it is impossible to prescribe a cure for a disease without a diagnosis.

“Why is the Supreme Court overburdened and (how) does regionalization of the Supreme Court constitute a cure for that? If you go to the Chambers of a Supreme Court Justice, it is like a dump. It is stacked with records of proceedings and it is difficult to walk. Anyone who thinks that they read those things is deluded.

“The Supreme Court is an all-comers affair & has no time for deliberation or contemplation. We all have to cover up for the deficiencies of the Court.

“Fact is a Supreme Court organized and run the way this one is can only run itself into the ground. There are sensible changes that could easily be made to massively crash the number of cases that go to the Court and dispense with many of the appeals there now that will never be heard.

“If you retain this Supreme Court as run now and create 36 state divisions, each with 21 Justices, you will still not be able to do anything about the Court being overworked. The problem is not the political-geography or genealogy of the Supreme Court; it is the geometry of its work and systems.”

“On the question of assizes or circuits around the various regions of the country as part of bringing justice closer to the ordinary man, Odinkalu said: “Sitting in assizes and having regional Supreme Courts are two different things. A travelling Supreme Court is one thing, regionalised Supreme Court is no longer ‘supreme.’

“Let’s start with getting the facts right:  The ‘Supreme Court’ that held assizes in the past is the equivalent of the ‘High Court’ of today. The Federal Supreme Court did not do assizes in its 9 years of existence from 1954 and the present Supreme Court has not since it came into existence in 1963.

“Rather, it was the Chief Justices (as they were called then) of regional High Courts who were deputed ex-officio until 1960 or so to sit in the Federal Supreme Court.  Justices of the Supreme Court have also stepped down to become state CJs. JIC Taylor in Lagos did it. Buba Ardo was the last in Gongola State to do it. Dan Ibekwe did that to head the Court of Appeal.

“On a more general point, no country develops backwards. The context in which assizes took place in the past was the under-development of both infrastructure and the legal profession. Lawyers could travel for days to get to hearings. The road infrastructure was poor. Telephony was hardly existent except for government higher-ups. But there was security largely.

“Today, communications have improved but there is no security. Interestingly, it is easier for a lawyer in Lagos or Enugu or Kano to get to Abuja than it is for a lawyer in Ife to get to Lagos; Benin to get to Port Harcourt; or Bauchi to get to Maiduguri. Indeed, it may even be easier than going between Wase and Jos or Orlu to Owerri or Barnawa to Malali.

“We can create divisions of a Supreme Court if we wish. But let’s not delude ourselves that it will thereafter remain Supreme. You will have Yoruba Supreme Court, Igbo Supreme Court, Middle-Belt Supreme Court… It may be that that is what we want – post-code, ethnocentric jurisprudence. If so, we should just say so and get it over with. “

Jibrin Okutepa, SAN: “Nigeria does not need to have a decentralised Supreme Court. The United States of America, with more states and population than Nigeria, has one Supreme Court.

“The U.S. Supreme Court is the highest court in the United States. Article III of the U S Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts.

“The Supreme Court of Nigeria by constitutional arrangements has 21 justices of that court. In the US, since 1869, the court consists of nine justices – the chief justice of the United States and eight associate justices – who meet at the Supreme Court Building in Washington, D.C.

“The problems of the Nigerian Supreme Court are not in decentralisation. The Supreme Court of Nigeria is about the only Supreme Court I know of that entertains all manners of appeals. The Supreme Court of Nigeria is overwhelmed and over-bloated by unreasonable and unnecessary appeals.

“For the Supreme Court to deliver quality judgments, we should think of restricting the appeals to that court. Those who think that the Supreme Court needs to have divisions and sit in divisions need to have a rethink. I would rather suggest that we have regional Supreme Courts and then have one Supreme Court of Nigeria where only appeals dealing with fundamental questions of constitutional construction and fundamental rights, death sentences and serious policy questions are brought before the Supreme Court on areas that are recondite or novel points of law of which the issues have not been notoriously settled.

In other words, all appeals should terminate at the Regional Supreme Court while only appeals of fundamental and significant constitutional importance should go to the Supreme Court of Nigeria either as of right or with leave of the Supreme Court of Nigeria. That, to me, is the rational thing to do.

Blessing Ekpere Ogbu, Esq, also shared his experience.

“In the buildup to the 2023 elections, I was involved in a research for a SAN who was representing one of the senatorial candidates in a pre-election matter. He summoned me to his office. When I arrived, he handed two law reports to me to read and advise. He wanted to know whether to file the pre-election matter in the FCT High Court, in the High Court of the State where the primaries are held, or in the Federal High Court (FHC).

“I studied the two judgments of the Supreme Court. One was an appeal from the House of Reps. primaries in Kogi State. The other was on a senatorial primary from Gombe State. Identical facts, as the dispute arose from alleged non-compliance with the party guidelines and whether INEC monitored the primaries. Both suits were filed in the High Court of the FCT. The two Judgments of the SC were delivered one week apart. At least, one JSC who sat on the panel for one was on the panel for the other. I said at least because I remember the name of one of them.

“Yet, the judgments were remarkably in conflict. In the earlier one, the SC held that the pre-election matter from Gombe State that was filed in the High Court of FCT was properly filed in the High Court of the FCT. One week later, the same SC, with at least one JSC from the earlier panel, held that the pre-election matter from Kogi State ought to have been filed in Kogi State and not in the FCT High Court.

“Now, imagine the effects of a decentralized SC on our jurisprudence.”

Hubby walks free after admitting he killed and cooked his wife

After admitting that he killed and cooked his wife following a stormy argument, a husband in India has been surprisingly allowed to walk free by the police.

45-year-old Gurumurthy told the police in Rachakonda, Hyderabad that he had slaughtered his 55-year-old wife, Venkata Madhavi.

Venkata had been reported missing since January 16.

The retired soldier told authorities he had killed his wife of 13 years, after slamming her against a wall which resulted in an instant death.

The Couple

Gurumurthy, a father-of-two, then claimed to have dismembered her corpse using a kitchen knife before boiling the body parts.

After boiling, Gurumurthy chillingly told cops he had placed her limbs in a pressure cooker for five-to-six hours and used a pestle and mortar to grind down her bones.

He is then said to have thrown the remaining flesh and powdered bones into Meerpet Lake.

Police seized potential evidence, including the pressure cooker, a kettle, and knives from the apartment where the butchering is believed to have taken place.

Forensic teams, as well as a dog squad, have searched around the lake for the remains but have so far emerged unsuccessful in their attempts.

‘We cannot rely on mere allegations. We are collecting all technical and scientific evidence. The case is being investigated,’ a police spokesman told The India Express newspaper.

As police continue to interrogate Gurumurthy, the Meerpet police believe he may have killed Madhavi in a fit of rage and did everything possible to avoid the crime being detected.

‘As of now, we don’t have any reasons to believe it was a premeditated crime. It seems like the result of a petty quarrel,’ Ch Praveen Kumar, Deputy Commissioner of Police told the newspaper.

‘We are questioning the suspect and we have not recovered any body parts. We do not have enough clues,’ he added.

 Gurumurthy told the police Madhavi left home in a fit of rage after a quarrel between the two on the morning of January 16. 

But during their investigation, the police grew suspicious of the husband after sifting through footage obtained from CCTV cameras installed near Gurumurthy’s house in the colony. 

While the footage showed Madhavi entering the house on January 15, she was not seen leaving the house in the next two days, Meerpet police inspector K Nagaraju said, adding the CCTV footage showed Gurumurthy’s movements during that period. 

‘We took Gurumurthy into custody on Wednesday for questioning. Initially, he provided inconsistent responses, but later he claimed to have killed his wife and disposed of the body,’ Nagaraju said. 

Due to the lack of evidence, however, Gurumurthy has been freed and the case is still considered a missing persons case. 

Credit: MailOnline

Upbraiding the Judiciary: What does Prof Chidi Anselm Odinkalu want?

By Lubem Imoter

Pummeling judicial officers has become his pastime. Prof. Chidi Anselm Odinkalu may present himself as an ethicist but in truth, he is not. He appears hell-bent on denigrating the temple of justice. Most of his published articles in newspapers in Nigeria dwell mainly on supposed shortcomings of judicial officers. To him, the judiciary is beyond redemption. Even when some of the judicial officers retire, he would not let them have their deserved peace.

I believe strongly that Prof. Odinkalu’s mission is to debase the Nigerian judiciary. Perhaps he wants the bench to lose its moral high-ground and lose face in the eyes of the general public. But why would Odinkalu, a Professor of Human Rights Law {an appointment he bagged from Fletcher School of Law and Diplomacy at Tufts University in recognition of his academic prowess in the rarified area of Human Rights}, be determined to pull down the entire Nigerian judiciary warts and all? I ask again, what does he stand to gain by continuously belittling our judges even as he knows that resort to self-help which he appears to be championing by eroding confidence in the last hope of the common man is a recipe for anarchy?

His write-ups give the impression that our judges are not good enough. Really? He maintains that they have not achieved anything worth celebrating in their constitutionally assigned role of interpreting the law and ensuring that justice is served in a fair impartial manner. Has Odinkalu forgotten so soon how the judiciary stabilized our polity and stood its ground under the long years of military rule in Nigeria?

A psychology theory posits that deliberately destroying people or things is incredibly satisfying because it makes one feel powerful. But I wonder what power Prof. Odinkalu has garnered after the years of attack on the judiciary.

Having been once in a top government office, one expects him not to be oblivious of the challenges one encounters serving the country. Yes, he was Chairman of the Governing Council of National Human Rights Commission (NHRC) but what did he make of that? He was inaugurated as Chairman of the Governing Council of NHRC on 27 November 2012, almost a year after his appointment. In his four-year tenure, he caused so much bad blood in that organization. Workers there at the time, accused him of interfering in the day to day administration, a job clearly meant for the Executive Secretary/Chief Executive.

Unsurprisingly, Prof. Odinkalu’s tenure as Chairman of NHRC Governing Council, was characterized by endless and mordant recriminations. He and the Executive Secretary then, Prof Bem Angwe, hardly agreed on any issue to advance the cause of the organization. Regrettably, the animosity endures till today as I write.

Indeed, Odinkalu has gone beyond reproaching judicial officers to the executive arm where he recently met his match when he took on the Federal Capital Territory (FCT) Minister, Nyesom Wike. The Minister queried his credentials as a Professor, and interrogated his track record at the NHRC.

Wike reportedly asked, “Someone showed me a write-up they said was written by a Professor {referring to Odinkalu}. I asked him, Professor of which university? Nobody knows. They were given an opportunity in the Human Rights Commission. Ask them what their performance was. What was the record when the government allowed him to be there? Zero!”

Point is, Odinkalu’s role as Chairman was to ensure the institution run smoothly and assist management in carrying out its mandate shorn of arbitrariness. He chose a different course, escalating dissension instead!

I keep wondering what the judiciary has done so badly to draw the ire Prof. Odinkalu? Is it because judges by the nature of their job cannot respond to accusations no matter how unfounded? Can he imagine where the country would be without the judiciary and the antics of politicians?

I ask again, what really does Prof. Odinkalu want? According to OptimistMinds, “Most of the time someone belittles others to achieve an objective. This objective can be of different types. They may want to make the other person feel bad and leave the area or work they are currently in; this could possibly make it easy for the one who is putting down others to exert their influence and win over those he is trying to impress. It is also possible the person may want to make the person feel miserable because they don’t like them.”

Whatever his motive is, Prof. Odinkalu is no ethicist as he presents himself. True activists are known for what they do, not just what they say. He has never come out in the streets to give vent to his brand of activism. We know what human rights activists have passed through on our soil. The likes of Prof. Wole Soyinka, Omoyele Sowore, Deji Adeyanju, Tai Solarin, the late Gani Fawehinmi, et al bore the brunt of fighting for the masses head-on. Where is Odinkalu in this mix?

I believe that having occupied a top public office in the country and a high ranking member of the Nigerian bar, he should give the judiciary a respite from his endless attack.

Imoter, a Public Affairs Commentator writes from Abuja.

Chief Mrs Awomolo, SAN and ‘Sisters Do Have Fun’ of Georgia, Atlanta fete  widows

In collaboration with ‘Sisters Do Have Fun’ of Georgia, Atlanta, USA, Senior Advocate of Nigeria (SAN) and the Yeye-Asiwaju of Igbajoland, Chief Mrs Victoria Olufunmilayo Awomolo, put a smile on the faces of 52 widows across Igbajo-land in Osun State.

Spreading their love for humanity at the recent Annual Igbajo Widows’ Support Outreach Programme, Chief Mrs, as she is fondly called, and her friends gifted Ankara wrappers as well as cash to the women.

The gifts were distributed to 52 widows across churches and mosques in Igbajo.

Born December 18, 67 years ago in Ilesha, Osun State, Chief Mrs Olufunmilayo Victoria Awomolo, SAN taught Chemistry at Queen Elizabeth School, Ilorin, for 10 years before studying Law. She was elevated to the rank of Senior Advocate of Nigeria in 2013.

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