As justices groan under the weight of overflowing apex court docket
The National Judicial Council (NJC) insists that reports in the social media that it is aware of the nomination of 22 justices for appointment to the Supreme Court is false.
NJC’s Director of Information, Barr. Soji Oye at the weekend restated that the Council did not receive any nomination list for Supreme Court vacancies from the Federal Judicial Service Commission (FJSC) and described the social media reports as deliberate handiwork of mischiefmakers.
Insisting that reports on such matters are always transmitted by an official press statement from the Council through his office, Oye cautioned against unverified reports regarding Supreme Court nominations and the process being followed to fill vacancies on the bench.
It will be recalled that reports stated that the FJSC released 22 names for NJC’s consideration to fill vacancies at the Apex Court bench.
According to the report, the nomination of Justices for the bench followed complaints in September that the Supreme Court was operating with only 10 out of its constitutional strength of 21 Justices.
Based on the depletions of Justices due to retirement and deaths, it was reported that the FJSC subsequently submitted a shortlist to address the vacant positions.
Oye warned that the media, especially social media operators, should always get their information from rightful sources and not misinform the general public on Supreme Court nominations and the process being followed to fill vacancies on the bench.
During his valedictory session on 27 October, 2023, Hon. Justice Musa Dattijo Muhammad, JSC, (Rtd.) expressed grave concern about the depleting number of justices at the Supreme Court and pointed out the dangers of have having inadequate hands to man the affairs of the appellate court.
“The Supreme Court is the final court in the Presidential, Governorship and National Assembly election appeals. Yet, there are only 10 justices left to determine these matters. Constitutionally, each of these appeals requires a panel of seven justices to sit on them. When a panel of seven justices is constituted to sit on a particular appeal, only three justices are left out. Even when regular appeals are being heard in the Supreme Court, a panel of five justices is required to sit.
“We must not forget that the Court, being the highest in the land, receives all manner of appeals from the court below. Presently, there is neither limit nor distinction to the manner of appeals that come to the apex court. Again, beside election matters which are seasonal, the Supreme Court’s docket is overflowing with civil and criminal appeals, some of which took many years to arrive. Most of these are still pending. Several have not even been assigned hearing dates. The court also exercises original jurisdiction.
“As the justices who hear these matters are grossly overstretched, unable to meet the demands of their onerous assignment, the litigants who approach the court seeking justice are left in limbo; waiting endlessly for justice to be served. These, as I have said before, are avoidable.
“When I exit today, the North Central zone that I represent ceases to have any representation until such a time new appointments are made. My lord Hon. Justice Ejembi Eko JSC who also represented the zone retired on the 23rd of May, 2022. It has been a year and five months now. There has not been any replacement. With the passing of my lord, Hon. Justice Chima Centus Nweze, JSC on 29th July 2023, the South East no longer has any presence at the Supreme Court. My lord, Hon. Justice Sylvester Nwali Ngwuta JSC died on 7th March 2021. There has not been any appointment in his stead for the South East. To ensure justice and transparency in presidential appeals from the lower court, all geo-political zones are required to participate in the hearing.
“It is therefore dangerous for democracy and equity for two entire regions to be left out in the decisions that will affect the generality of Nigerians. This is not what our laws envisage. Although it can be posited that no one expected the sudden passing of Hon. Justice Nweze JSC, yet, it has been two years and seven months since previous Justice from the South East died and no appointment was made. Ditto for the replacement of Justice Eko JSC of North central who exited nearly two years ago. Hon. Justice Sidi Bage JSC, now His Royal Highness the Emir of Lafia, from the North Central, had earlier voluntarily retired. He equally is yet to be replaced. Also, it was clear ab-initio that I would be leaving the court this day on attaining the statutory age of 70. It is then not in doubt that there has been sufficient time for suitable replacements to have been appointed…”
