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‘Why New Supreme Court Justices can’t resume now’
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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.
News
How I delivered ten pregnant women while in captivity, nurse reveals
A nurse who recently regained her freedom after nearly six months in captivity has narratted the severe conditions endured by the abducted women and children, saying she helped 10 pregnant women give birth without gloves or proper medical equipment.
Amirah Salihu was among the victims abducted during the February 3 attack on Woro and Nuku communities in Kaiama Local Government Area of Kwara State.
Salihu, who is the daughter of the chief of Woro community, disclosed her experience during an interview on Channels Television’s Politics Today.
She said the captives faced acute food shortages and were forced to sleep in exposed locations, including near a river, where they were frequently drenched by rainfall.
According to her, the abductors often gave them little food, with guinea corn, salt and seasoning sometimes serving as their only meal.
The nurse said her professional training became crucial when some of the women went into labour during their captivity.
She explained that she assisted about 10 pregnant women to deliver their babies despite the absence of gloves and other essential medical supplies.
She said, “When the pregnant women started going into labour, I had to assist them. I helped about 10 women deliver their babies, even though I had no gloves or proper equipment.
“It was difficult, but I had to do what I could to help them survive and deliver safely.”
Salihu added that the abductors eventually discovered she was a nurse and attempted to persuade her to remain with them because of her medical knowledge.
She said she rejected the proposal because her priority was to regain her freedom and return to her family.
The rescued victim also recalled the killing of two of her brothers during the attack, alleging that the assailants targeted her family because of her father’s opposition to their activities in the community.
She said her father had previously resisted attempts by the attackers to gain access to Woro and had sought military intervention to protect the residents.
According to her, the attackers struck when the soldiers were no longer present in the community.
She said her father had previously resisted attempts by the attackers to gain access to Woro and had sought military intervention to protect the residents.
According to her, the attackers struck when the soldiers were no longer present in the community.
Salihu further said the abductors justified their actions by claiming they wanted residents to abandon Nigeria’s democratic system and follow their interpretation of religious laws.
However, when asked about sexual violence during the period, she said she was not aware of any rape or sexual assault among the captives.
The victims were part of the 176 women and children abducted during the February 3 attack on Woro and neighbouring Nuku.
They were released on Wednesday after spending almost six months with their abductors. The Kwara State Government later disclosed that 13 children had died in captivity, while 12 others were yet to return.
Kwara State Governor, AbdulRahman AbdulRazaq, received the freed victims in Ilorin and commiserated with families who lost loved ones.
He subsequently visited a hospital where 14 rescued victims were undergoing treatment, including three women who delivered babies while in captivity.
Foreign
STRATEGIC AUTONOMY: NIGERIA’S DOCTRINE FOR SELF-DETERMINATION IN A MULTIPOLAR WORLD
In an era defined by geopolitical competition, trade wars, sanctions regimes, and shifting alliances, one phrase has migrated from European policy papers to the heart of African diplomacy: “Strategic Autonomy”.
For Nigeria, this is not a new experiment in isolation, nor is it a nostalgic return to Cold War non-alignment. As I outlined in a recent address from the Ministry of Foreign Affairs in Abuja, it is something far more direct and more urgent.
Strategic autonomy is alignment to Nigerian national interest. Once you are clear in what constitutes your national interest, you align with those interests regardless of which party is at the receiving end. That is the foundation. I am aware of scholarly publications that was recently put together by the Nigerian Institute of International Affairs on the subject.
While the Ministry prepares the full concept note charting new fronts in a multi polar world, let me share the preliminary framework guiding Nigeria’s foreign policy under President Bola Ahmed Tinubu.
Our goal is simple: to ensure that Nigeria, and by extension Africa, is not an object of geopolitics, but a subject that defines its own future.
What Strategic Autonomy means for Nigeria and Africa
Strategic autonomy is often misunderstood as withdrawal. It is the opposite. It is engagement on our terms. Today, Nigerian Foreign Policy has shifted. Gone is the era of reactive alignment. The Tinubu 4Ds agenda is anchored on strategies that are clearly designed to bring succor to Nigerians. The deliberate pursuit of Nigeria’s national interest across economic, security, technological, and diplomatic domains, without being locked into any single bloc. Nigeria’s strategic autonomy rests on 5 pillars in a world of continuous alignment. Together, they form the blueprint for how Nigeria engages a world that is no longer unipolar, but contested, transactional, and opportunity-rich.
NATIONAL INTEREST, NIGERIA FIRST
Alignment to Nigerian national interest is the guiding rule. For Nigeria, Foreign Policy begins at home. Every treaty, partnership, and diplomatic gesture is measured against one question: does it deliver jobs, infrastructure, security, defence and dignity for Nigerians?
This principle was tested in the enforcement of the One China Policy. When diplomatic lines were blurred, the Ministry acted decisively: relocating trade missions from Abuja to Lagos, Nigeria’s commercial hub, and reaffirming that Nigeria speaks with one voice. There is no room for diplomatic blunder in Nigeria. The message is clear: Nigeria will be a partner, not a pawn. Strategic autonomy means clarity of position first, and flexibility in tactics second.
ECONOMIC DIVERSIFICATION
AfCFTA + global partnerships like China’s zero-tariff access. Nigeria is done with aid-for-diplomacy. The new model is trade-for-growth. Under President Bola Ahmed Tinubu’s Renewed Hope Agenda, Nigeria is leveraging two levers simultaneously:
1. Continental integration through the African Continental Free Trade Area, to build regional value chains.
2. Global partnerships that open markets. China’s zero-tariff policy for eligible Nigerian exports is a case in point, creating new pathways for agriculture, manufacturing, and solid minerals to reach 1.4 billion consumers.
From the Lagos-Calabar coastal transport system to industrial parks in Ogun and Lekki, Chinese, European, and Gulf investments are being steered toward productive sectors. The goal is not dependency, but diversification: more partners, more markets, more Nigerian-made exports.
SECURITY SOVEREIGNTY
African-led, but open to any partner that delivers results. Nigeria’s security doctrine is rooted in the principle that Africans must lead African solutions. ECOWAS, the AU, and regional counter-terrorism frameworks remain central.
But strategic autonomy also means pragmatism. On terrorism, maritime security in the Gulf of Guinea, and cyber threats, Nigeria is open to cooperation with any partner, East or West that brings intelligence, technology, and capacity without conditions that undermine sovereignty. The benchmark is simple: results for Nigerian communities. Partnerships are judged not by ideology, but by impact on the ground.
TECHNOLOGICAL AGENCY
Build, don’t just buy. Lead in AI and digital infrastructure. The 21st century will be won on data, chips, and talent. Nigeria refuses to be only a consumer. This is the essence of Minister Bosun Tijjani’s reforms in our digital ecosystem. Through partnerships in 5G, fiber optics, and smart cities, Nigeria is negotiating technology transfer, not just procurement. Engagement with the World Artificial Intelligence Organization and related partnerships signal intent: to move from adoption to authorship.
The aim is to build domestic capacity in AI, fintech, and digital governance, so that Nigerian developers, not just foreign vendors, shape the platforms used daily by 200 million Nigerians. Technological agency is sovereignty in the digital age.
DIPLOMATIC FLEXIBILITY
Engage all major powers without being locked into one camp. In a multipolar world, alignment is a choice made per issue, not per decade. Nigeria maintains a Comprehensive Strategic Partnership with China on infrastructure and more. It deepens trade and security ties with the US and EU. It expands South-South cooperation with India, Brazil, and the Gulf. It leads on the continent through AfCFTA and AU reform.
This is not non-alignment. It is multi-alignment: engaging all, belonging to none, and extracting maximum value for Nigeria from each relationship. Strategic autonomy is alignment to Nigerian national interests. Nigeria’s 5 Pillars offer more than a foreign policy. They offer a template for mid-sized and emerging powers navigating great power competition. It is a policy of conviction without rigidity. Of partnership without dependence. Of ambition without illusion.
Nigeria will continue to deepen partnerships that deliver infrastructure, jobs, and technology, but always on Nigerian terms. In 2026, the measure of sovereignty is not who you oppose. It is what you are able to build.
We can no longer afford an economy built only on exporting raw materials to one market and importing finished goods from another. The African Continental Free Trade Area gives us the platform to build regional value chains. At the same time, we must diversify globally. This is why we welcome China’s decision to grant zero-tariff treatment to 53 African countries, while we simultaneously deepen trade with the EU, the US, the Gulf, and our neighbors in ECOWAS. No single partner can meet all our development needs, and we will not be dependent on any one.
The primary duty of any government is the protection of its citizens. That principle must guide our security partnerships. African-led solutions through the AU and ECOWAS remain our first choice. But we will not outsource our judgment. We greatly appreciate the US but if any country says he can help me to wipe out terrorism in Nigeria in the next two weeks, will I say because I’m friend to the US I will not agree? No,”. The safety of Nigerians comes first. Strategic autonomy means we evaluate every security offer by one metric: does it deliver peace, security and stability for our people?
In a multipolar world, we must talk to everyone and be forced to choose no one. This is not duplicity. It is maturity. We have demonstrated this in recent weeks. We condemned Afrophobic attacks in South Africa because the dignity of Nigerians abroad is non-negotiable. We pushed the agenda at the recent ECOWAS Summit in Freetown Sierra Leone where President Tinubu’s voice was clear and unambiguous. At the same time, we are preserving and strengthening the Nigeria-South Africa strategic partnership because both countries benefit from trade, investment, and regional leadership. That is strategic autonomy in practice.
The 4D Agenda meets a fragmenting World
The global shifts make this doctrine necessary today. Today, we have multipolarity. The unipolar moment has passed. Power is diffused across Washington, Beijing, Brussels, New Delhi, Riyadh, and other capitals. Under President Tinubu’s 4D Foreign Policy Agenda: Demography, Development, Diaspora and Democracy — Nigeria’s diplomacy is calibrated to one question: what does this mean for Nigerian citizens? Ideological blocs are secondary to results.
Africa has 60% of the world’s youngest population. By 2050, one in four people on earth will be African. Nigeria will be the third most populated country in the world by 2050. We cannot allow our future to be scripted by others. We must define our own development model, centered on jobs, skills, and innovation. In this context, some analysts have described our approach as “pragmatism devoid of doctrine.” I disagree.
“I don’t agree with that kind of characterization. Everything foreign policy is about national interest,”. What we are doing is giving that age-old principle a modern name and structure. We are drawing from our own history. As one of my lecturers at the University used to say, “ non-alignment is alignment to your national interest.” That remains true. Doctrine without delivery is rhetoric. For strategic autonomy to produce tangible benefits, Africa must take deliberate steps.
We must fully implement AfCFTA to unlock a $3.4 trillion single market. That means reducing tariffs, harmonizing standards, and building cross-border infrastructure. We must invest heavily in energy and infrastructure. No factory runs without power. No trade happens without roads, rail, and ports. Strategic autonomy requires industrial power.
Africa must speak with one voice in global forums — at the UN, G20, and WTO. Africa’s 54 countries carry more weight together than separately. It is time to protect and deepen democratic institutions. Autonomy should never be confused with authoritarianism. The legitimacy of our choices comes from the consent of our people.
Let me be clear. Strategic autonomy is not about turning our backs on partners. It is about choosing partners freely. It is the right to trade with anyone, learn from everyone, and be dominated by no one. The world is fragmenting into blocs. Africa’s best option is not to join a bloc, but to become a bloc ourselves — economically integrated, politically coherent, and diplomatically confident.
Written by Ambassador Sola Enikanolaiye,
Minister of State for Foreign Affairs, Federal Republic of Nigeria
News
Bode George Still Angry Over His Failed PDP National Chairmanship Bid, No Regret Stopping Him – Wike
The Federal Capital Territory (FCT) Minister, Nyesom Wike, has said that he had no regret Stopping Peoples Democratic Party (PDP) former Deputy National Chairman, Chief Bode George, from becoming the party National Chairman, saying; “his anger is because we didn’t allow him to be PDP National Chairman and no regret doing so.”
In a statement on Saturday, by his Senior Special Assistant on Public Communications and Social Media, Lere Olayinka, the FCT Minister said the political frustration of Bode George has further been compounded by the emergence of Deji Doherty, a personality he does not want to see as the one in charge of the party in Lagos State.
“He wanted to be PDP National Chairman, and was carrying on like the position was his birthright. We stopped him because it was the turn of the South-South. Since then, he has not stopped being angry.
“As a sitting governor, I visited his house in Maitama, Abuja, to appease him after the national convention, his wife attempted to walk me out, but for the intervention of former governor of Ondo state, Olusegun Mimiko,” the minister said.
He described Bode George as a failed politician, who despite all the privileges and power has not won anything for the PDP in Lagos State since 1999, adding that “We have managed him even though we know that he has no value. But as it is, since he wants to keep dancing naked in the market place of politics, we can’t but allow him.”
The Minister reiterated that leadership of a political party is not by name, title or being a founding father. Rather, it is about what you are able to bring to the table in terms of winning elections, and in this regard, Bode George is a complete disaster.
“Even his Unit 001 in Ward E2, Evans Street, Lagos Island, he has never won for the PDP. In 2019 Presidential election, APC had 84 votes while PDP had 40. In the 2023 elections, he transferred his voter’s card to Eti Osa, PDP had four votes in his polling unit,” Wike said.
Wike said since it appeared that he (Bode George) is not busy, he will continue to make his likes busy by creating reason for them to jump from one television station to the other.
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