News
‘Why New Supreme Court Justices can’t resume now’
In this report, Vanguard’s Law & Human Rights digs out factors responsible for the delay in the inauguration of 11 new justices of the Supreme Court almost two full months after the Nigerian Senate had confirmed their appointment.
Background
On December 21, 2023, the Nigerian Senate approved a list of 11 new justices for the Supreme Court of Nigeria, SCN.
The senators had cleared the justices at the plenary through a voice vote after the Chairman of the Committee on Judiciary, Mohammed Monguno (APC, Borno), reported that his committee received the curriculum vitae of the nominees, invited them for screening and found that they demonstrated inspiring competence required for the performance of their assignment.
Monguno also noted that the nomination and appointment satisfied the constitutional provision of section 231 (3) of the Constitution which states that an individual needs 15 years experience in the bar to be qualified for appointment into the Supreme Court bench.
He said there were no petitions or criminal records against any of the nominees and that the committee members were satisfied with the nomination of the justices and, therefore, recommended their confirmation.
The list of the justices was sent to the upper chamber of the National Assembly by President Bola Tinubu following recommendation of the candidates by the National Judicial Council, NJC from the shortlist received from the Federal Judicial Service Commission, FJSC for the top job.
On the recommended list were Haruna Tsammani representing the North-East; Moore Adumein (South- South); Jummai Sankey (North-Central); Chidiebere Uwa (South-East); Chioma Nwosu-Iheme (South-East) and Obande Ogbuinya (South-East).
Others were Justices Stephen Jona Adah (North-Central); Habeeb Abiru (South-West); Jamilu Tukur (North- West); Abubakar Umar (North-West); and Mohammed Idris (North-Central).
Section 231 (2) of the 1999 Constitution of the Federal Republic of Nigeria spells out the process of appointing justices for the SCN.
The section provides: “The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the NJC, subject to confirmation of such appointment by the Senate.
By implication, both the executive and the legislature play distinct roles in appointing justices for the apex bench.
The appointment process into the Supreme Court bench would be inchoate until the two other arms of government have fully played their roles as spelt out in the constitution.
But almost two months after the justices were cleared by the Senate and more than two years when the Supreme Court has been itching to get more competent hands to fill vacant seats in the court, the 11 new justices are yet to be inaugurated.
The Supreme Court has kept mum on the issue ditto for the Presidency in spite of the alarm raised by a retiring justice of the Supreme Court, Justice Dattijo Muhammad on October 27, 2023, in Abuja that with his exit, the number of justices serving in the apex court had dropped to 10, its lowest in the contemporary history of the court.
The Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola had himself consistently lamented that the apex court has been battling with workload crisis arising from manpower shortage, explaining that the situation gets worse for the third arm of government because in every little disagreement, Nigerians rushed to court and in every lost case, they rushed to appeal even up to the Supreme Court, no matter how little the issue might be.
He had said that alone had obviously accounted for the several appeals pending in the Supreme Court, adding that though the court received scathing criticisms from members of the public over its over-bloated docket, yet the institution is neither in any position to regulate case inflow to the court nor has the supernatural powers to attend to all in one-fell-swoop.
What is delaying the inauguration of the 11 new justices?
Vanguard’s Law & Human Rights’ investigation revealed that the 11 new justices are yet to be inaugurated simply because the Supreme Court was having challenges providing them with the required working tools.
According to an impeccable source at the Supreme Court who spoke with Vanguard on condition of anonymity, the justices’ inauguration was deliberately delayed.
His words: “You were aware some justices of the Supreme Court were sworn in on November 6, 2020. As tradition demanded, they were supposed to be given three assorted brand new cars each: A Mercedes Benz, a Land Cruiser and one utility vehicle.
“But at that time, the justices of the Supreme Court were given only a Land Cruiser which some critics said were refurbished. A Hilux was added after one year while the Mercedez Benz was late in coming. Because of the breach of that tradition, hell was let loose.
“We want to avoid such unnecessary bad image for the Supreme Court this time around. What is sure is that the justices have been appointed already. The Senate has given approval. That approval cannot be withdrawn.
“All that is left now is for necessary working tools to be provided. We do not want to inaugurate them without providing the necessary things that may attract bad press for the institution,” the source added.
The source also told Vanguard that apart from the issue of cars, accommodation was another.
“You will agree with me that the issue of accommodation for serving justices of the Supreme Court has been a recurring challenge.
“This is the first time we are having a full complement of 21 justices. They can’t live in the air. They must be made comfortable. The Supreme Court will have to acquire apartments for them.
“I can confirm to you that the Supreme Court has gone far. But the court is yet to get comfortable accommodation for all of them.
“Until that one is sorted out, they may have to tarry,” he said.
Another source and member of the Federal Judicial Service Commission, FJSC, who also pleaded anonymity, told Vanguard Law and Human Rights that the affected new justices have been asked to use the opportunity of the delay in inaugurating them to quickly conclude all outstanding cases they have at the Court of Appeal on the account that they would not have the opportunity of going back to sit on such cases as justices of the Court of Appeal.
The source reminded Vanguard of what happened sometime in May 2020 when the Supreme Court, in a unanimous decision by a seven-man panel of Justices led by Justice Bode Rhodes-Vivour (now retired), nullified the entire proceedings that led to the conviction of a federal lawmaker representing Abia North Senatorial District, Dr Orji Uzor Kalu, his company—Slok, and a former Director of Finance in Abia State, Jones Udeogu, for allegedly using the firm to defraud the Government of Abia State in the eight years Kalu held sway as governor of the state.
Vanguard indeed recalled that the Supreme Court had in the lead verdict that was read by Justice Ejembi Eko, held that the trial High Court Judge, Justice Mohammed Idris, acted without jurisdiction in the case when he convicted Kalu, his firm, Slok Nigeria Limited and a former Director of Finance in Abia State, Jones Udeogu since he was no longer a judge of the Federal High Court as at December 5, 2019, when he sat and delivered the judgement that convicted the defendants for allegedly stealing about N7.1billion from Abia State treasury.
According to the Supreme Court, Justice Idris, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.
It held that the Fiat that was issued to him by the Court of Appeal President pursuant to section 396(7) of the Administration of Criminal Justice Act, ACJA, 2015, was unconstitutional.
The apex court held that no statute in Nigeria empowered the Court of Appeal President to give vires to a Justice of the appellate court to return to the High Court to deliver judgement in a pending criminal trial, stressing that the Court of Appeal President, “acted ultra-vires his powers when she purportedly gave the authorisation” with respect to Kalu’s case.
But the source hinted that the 11 new justices of the Supreme Court would be inaugurated very soon as their services are very much required at the apex court.
S’Court to get full complement of 21 justices for the first time since 1999
Hopefully, when the justices resume office by the end of the month, the Supreme Court would have a full complement of 21 justices for the first time since 1999 with five representing the North-West; four of the justices representing the South-West geo-political zone of the country, three representing the South-East, another three representing the North-East, three others representing the South- South, and the remaining three representing the North-Central.
Whereas, Section 230 (2) of the 1999 Constitution allows the sitting President to appoint a Chief Justice of Nigeria, CJN and other justices of the Supreme Court not exceeding 21, the highest number of justices appointed to the Supreme Court ever was 20 since the constitution was promulgated into law.
Specifically, that history was made on November 6, 2020 when eight (8) newly appointed Justices of the Supreme Court were sworn into office, upping its membership from 12 to 20.
By Gloria Ikibah
Deputy President of the Nigerian Senate and First Deputy Speaker of the ECOWAS Parliament, Senator Barau Jibrin, has urged West African countries to draw lessons from Nigeria’s experience with farmer-herder conflicts and the humanitarian crises arising from them.
First Deputy Speaker made the call in a presentation titled, “Strategies for addressing internal displacement and farmer-herder conflicts in Nigeria”, delivered on his behalf by Senator Sadiq Umar during the Second Extraordinary Session and Seminar of the ECOWAS Parliament in Accra, Ghana.
He said Nigeria’s experience offered important lessons for the region and the African continent, particularly in addressing conflicts linked to competition for land and water.
According to him, Nigeria has extensive agricultural and pastoral economies, with a large proportion of the population depending on farming and livestock production for their livelihoods.
He, however, said increasing pressure on land and water resources had contributed to conflicts, banditry, terrorism and other humanitarian disasters.
Barau said the Federal Government had introduced measures to address the humanitarian consequences of the conflicts, including the creation of the Ministry of Humanitarian Affairs and Poverty Reduction.
He said the ministry was, among other responsibilities, established to manage emergency relief operations and responses to internally displaced persons (IDPs).
He said: “Nigeria’s approach is increasingly consistent with the international shift from short-term humanitarian response towards government-led development-orientated solutions.
“Nigeria is also one of the countries selected under the United Nations Secretary-General’s Action Agenda on Internally Displaced and Focused National Pathways towards Durable Solutions.
“Nigeria’s commitment to the protection of internally displaced persons has also been strengthened through its engagement with the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, commonly known as the Kampala Convention”.
Despite these interventions, Barau expressed concern that the crisis had continued to defy efforts to resolve it, with more than three million Nigerians still living in internally displaced persons’ camps across the country.
He argued that internal displacement should not be regarded as the sole responsibility of humanitarian agencies, but should involve coordinated action by relevant Ministries, Departments and Agencies (MDAs), traditional institutions and other stakeholders.
First Deputy Speaker also called for greater attention to early warning systems, conflict prevention mechanisms and climate adaptation as part of efforts to prevent conflicts before they escalate.
He said livestock should not be viewed merely as a security issue but also as an important economic sector capable of contributing to livelihoods and national development.
According to him, investment in ranching, animal feeding and breeding could help reduce some of the pressures associated with uncontrolled livestock movement.
Barau also urged ECOWAS parliamentarians to develop appropriate legislative frameworks for the protection of displaced persons and the regulation of land and livestock management.
“Parliamentary committees should conduct evidence-based oversight of government programmes and expenditure relating to displacement, security, agriculture, livestock and reconstruction,” he said.
He stressed that Nigeria’s experience had shown that internal displacement and farmer-herder conflicts were complex challenges that could not be resolved through isolated interventions.
The Senator said effective implementation of policies and programmes was equally important to ensuring that farmers and herders could pursue their lawful and productive livelihoods without unnecessary conflict.
Barau’s presentation focused on Nigeria’s internal security challenges and their socio-economic consequences, while urging other countries in the region to focus more on preventing similar crises rather than waiting to respond after they occur.
“For Africa, the challenge extends beyond responding to crises after they occur, it requires building resilient institutions, economies and communities capable of preventing conflicts and protracted displacement.
“As parliamentarians, we have a responsibility to support appropriate legislation, strengthen oversight, promote inclusive dialogue and ensure that public resources are directed towards sustainable solutions,” he added.
By Gloria Ikibah
Third Deputy Speaker of the ECOWAS Parliament and member of Ghana’s delegation, Alexander Kwamena Afenyo-Markin, has called on parliamentarians to remain close to the people they represent and ensure that regional integration delivers tangible benefits to citizens.
Afenyo-Markin made the call during the ongoing Second Extraordinary Session and Seminar of the ECOWAS Parliament in Accra, Ghana, where he formally handed over his responsibilities to George Kweku-Ricketts Hagan of Cape Coast South, following the completion of his tenure.
The outgoing Deputy Speaker said regional integration must go beyond treaties, protocols and meetings among institutions, insisting that its impact must be visible in the daily lives of citizens across West Africa.
“Regional integration must be understood beyond treaties, protocols and meetings of institutions. Its true value must be felt in our communities, in the opportunities available to our young people, in the movement of our citizens and businesses across borders,” he said.
He said no single member state could successfully confront the challenges facing the region alone, stressing the need for collective action and stronger regional cooperation.
Afenyo-Markin also drew attention to the connection between climate change, poverty and insecurity in the region.
He said climate change could intensify existing pressures, worsen poverty, increase competition over land and water resources and threaten livelihoods.
He, however, cautioned against attributing every conflict in the region to climate change, urging policymakers to understand the relationship between environmental stress and insecurity without oversimplifying complex conflicts.
The outgoing Deputy Speaker also highlighted the importance of taking parliamentary activities beyond national capitals as part of efforts to bring regional institutions closer to the people.
He recalled the parliamentary seminar held in Congo Town, Liberia, in 2019 and the decision to take parliamentary activities to Winneba, the capital of his constituency, in 2021.
According to him, the initiative demonstrated the importance of taking the parliament to communities rather than limiting its activities to traditional political centres.
“Winneba subsequently hosted parliamentary activities on four occasions by 2024,” he said.
Afenyo-Markin said the visits provided residents with opportunities to interact directly with the regional institution, including traditional rulers, members of the business community, young people and the University of Education, Winneba.
“We must from time to time, leave the familiar surroundings of our national capital and meet our citizens where they live,” he said.
He noted that the approach had subsequently been extended to other locations, including Kano and Port Harcourt in Nigeria.
The lawmaker, who took time to highlight some of his contributions to his constituency and the wider region, said greater engagement with citizens remained central to strengthening the relevance of the ECOWAS Parliament.
At the handover ceremony, Afenyo-Markin expressed confidence in his successor, describing Hagan as a worthy parliamentarian with the experience required for the responsibility.
“He is a worthy member of Parliament, who I believe will succeed me in this responsibility. He is bringing his experience in parliamentary diplomacy and an understanding of regional integration to the role.
“Leadership is ultimately about service and continuity,” Afenyo-Markin said.
He also pledged his continued support to the ECOWAS Parliament, assuring that Ghana’s delegation would continue to contribute meaningfully to the work of the regional legislature.
By Gloria Ikibah
The Speaker of the ECOWAS Parliament, Rt. Hon. Memounatou Ibrahima, has described Ghana’s decision to elect a woman as Vice-President as an inspiration for women and girls across West Africa.
Speaker Ibrahima stated this when she met Ghana’s Vice-President, Professor Naana Jane Opoku-Agyemang, on the sidelines of the ongoing Second Extraordinary Session of the ECOWAS Parliament and the Second 2026 Parliamentary Seminar in Accra.
She expressed appreciation to the Vice-President for receiving her and for the speech she delivered at the opening of the parliamentary proceedings.
Ibrahima also commended President John Dramani Mahama and the people of Ghana, saying the country’s choice to have a woman occupy the vice presidency sent an important message across the region.
She said: “By entrusting the vice presidency to a woman, Ghana sends a powerful message to our entire region: that Africa believes in women’s leadership. Her journey is an inspiration to millions of young girls”.
The meeting also focused on the 25th anniversary of the ECOWAS Parliament and its core responsibilities, including issuing opinions on matters referred to it, examining the Community’s budget and conducting oversight missions.
The two leaders further discussed issues affecting young people across the region, particularly the harmonisation of curricula and mutual recognition of academic diplomas among ECOWAS member states.
Ibrahima said making it possible for qualifications obtained in one ECOWAS country to be recognised in another will strengthen regional integration and make free movement more meaningful.
She said a graduate from Lomé, Abuja or Dakar should be able to have their skills recognised in Accra, describing such recognition as an important step towards building an ECOWAS of the Peoples.
The Speaker thanked the Ghanaian authorities for their hospitality and the organisation of the parliamentary session.
The meeting forms part of the ECOWAS Parliament’s engagement with regional leaders as the institution marks its 25th anniversary and pursues integration priorities, including youth mobility and the recognition of academic qualifications across West Africa.
Rt. Hon. Ibrahima is the first woman to serve as Speaker of the ECOWAS Parliament since its establishment in 2000, having been elected to lead the sixth legislature in May 2024.
Ecoparl: Senator Barau Urges ECOWAS to Tackle Root Causes of Farmer-herder Conflicts
ECOWAS Parliament Must Stay Close to Citizens – Afenyo-Markin
Speaker Ibrahima Hails Ghana’s Female Vice Presidency, Pushes Diploma Recognition
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