By Milcah Tanimu

In this investigative report, Vanguard’s Law & Human Rights division delves into the current composition of the Supreme Court, scrutinizing the adherence to constitutional provisions in justice appointments from 1999 to 2023. The analysis includes a survey of stakeholders examining the impact of previous appointments on the quality of judgments and the public perception of the apex court over the past 24 years. The report concludes with recommendations on how to address approximately a dozen vacant seats at the Supreme Court in the coming months.

Background:

Justice Dattijo Muhammad, a retiring Supreme Court justice, raised concerns on October 27, 2023, during a valedictory session in Abuja. He highlighted that, with his departure, the number of serving justices had dwindled to 10, a historic low. Justice Muhammad also flagged corruption-related issues in the judiciary, emphasizing the need for urgent attention.

Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola, in a previous statement, acknowledged the apex court’s struggle with a workload crisis due to manpower shortages. He explained that the surge in cases, with Nigerians resorting to litigation even for minor disputes, has exacerbated the situation. The CJN clarified that the court, while facing public criticism for its backlog, lacks the authority to regulate case inflow and cannot address all issues simultaneously.

Constitutional Provisions and Historical Context:

Section 230(2) of the 1999 Constitution grants the sitting President the authority to appoint a Chief Justice of Nigeria and other Supreme Court justices, not exceeding 21. However, the highest number of justices ever appointed was 20, a milestone achieved on November 6, 2020, when eight new justices were sworn in, increasing the membership from 12 to 20.

Throughout the tenure of Justice Muhammad Lawal Uwais (1995-2006) and the first quarter of 2020 under Chief Justice Tanko Muhammad (2019-2022), the highest number of justices on the Supreme Court was 17. Over the years, the count fluctuated between 11 and 14.

Present Composition and Concerns:

Presently, the Supreme Court comprises the Chief Justice of Nigeria, Justice Ariwoola, and nine other justices from only four geopolitical zones: three from the South-West, three from the North-West, two from the North-East, and two from the South-South. Notably, both the South-East and North-Central regions are unrepresented on the apex bench.

The report notes that, since the increase to 20 justices on November 6, 2020, mandatory retirements and deaths have reduced the count to 10, heightening the urgency to fill approximately a dozen vacant seats at the Supreme Court.