By Jibrin S. Okutepa, SAN
Sometime on the 6th day of December 2023, or thereabout, the NJC recommended 11 Justices of the Court of Appeal to be appointed to the Supreme Court Bench. Pursuant to the power vested in the President of Nigeria by the Constitution, the President wrote to the Senate for the confirmation of the appointment of these 11 justices of the Court of Appeal as Justices of the Supreme Court of Nigeria.
On the 21st of December 2023, or thereabouts, the appointments of these 11 justices were confirmed by the Senate. Since then, Nigerians have been waiting eagerly to know when these justices will be sworn in and to start performing their judicial duties and / or functions at the Supreme Court.
Nobody is being told why these justices are not being sworn in. The constitution requires that upon their lordships appointments to the Supreme Court, they must take judicial oath and oath of allegiance before they can resume their judicial duties at the Supreme Court. Many are in the dark, as to the reasons why these jurists have not been sworn in.
Like anything in Nigeria, the Nigerian government thinks that we, the Nigerian people, have no right to know. The continued failure to have these justices sworn in is not only unacceptable and unfortunate but a grave constitutional breach.
Nigerian constitution requires that the Supreme Court should have 21 Justices of that court as its full compliment. This constitutional provision has always been obeyed in breach by the Nigerian government.
Cases are piling at the Supreme Court that require the inputs of more justices of the Supreme Court to decongest the docket of the Supreme Court. Those who have the duty to speak against this inexplicable delay and silence have themselves been visited with the spell of inaction. And these justices cannot talk. Which salaries are they being paid now? Are they being paid salaries of justices of the Court of Appeal or that of the Supreme Court and why? Nigerians want to know.
Nigerians want to know why the 11 justices have not been sworn in. It is our right to know. These justices can no longer sit on the Court of Appeal Bench. Where are the 11 justices of the Supreme Court recently confirmed by the Senate? What is holding their swearing in?
Someone should explain to Nigerians. Nobody should give us the excuses that there are no accommodations and fully furnished chambers for their lordships. The judiciary must not be treated with disdain. These justices must be sworn in now. Government cannot delay anymore. This is the right thing to do now.
