Editorial
Lamentations Of The CJN
With the retirement of Justice Amiru Sanusi from the Supreme Court bench yesterday after attaining the mandatory 70 years, the number of Justices in the apex court has dropped from 14 to 13. This development comes on the heels of repeated calls and complaints by the Chief Justice of Nigeria, (CJN), Justice Tanko Muhammad, that he and his colleagues in the highest court are overworked.
Only recently were such calls repeated by the CJN when he sought the intervention of the National Assembly in the working conditions of Supreme Court Justices and asked for the amendment of the appellate jurisdiction of the Court in the 1999 Constitution (as amended) to prevent all manner of appeal cases from terminating at the apex court.
The Chief Justice claimed that the number of cases pending before the Supreme Court was overwhelming and taking its tolls on the health of the Justices. According to him, the amendment had become expedient for timely dispensation of justice and to reduce the mental stress the heavy burden of pending appeals was weighing on the Justices.
The 1999 Constitution (as amended) provides for 21 Justices as a full complement of the apex court bench, a status the court has never attained. We recall that the number of Justices of the Supreme Court reached 17 on January 18, 2019, when the then CJN, Justice Walter Onnoghen (rtd), swore in Justice Uwani Abba-Aji to the apex court bench.
In June 2019, President Muhammadu Buhari requested the CJN to initiate the process of appointing additional five Justices to the apex court to make the full complement of the constitutionally-provided 21 Justices. But the President has failed to respond to a list of four recommended Justices submitted to him since October 2019.
Nearly every Chief Justice of Nigeria had at one time or the other deprecated the excess workload in the Supreme Court. It was in consideration of this challenge that the Electoral Act initially made the Court of Appeal the final court for all election matters in the country except presidential election petition which terminates at the Supreme Court.
However, following conflicting Appeal Court judgments on gubernatorial election petition cases, the National Assembly, in the 2010 amendment of the Electoral Act, made the apex court the final destination for all governorship election matters in the country. But the amendment expanded the burden of the Supreme Court Justices.
We appreciate the ugly predicament judges of the apex court face and deeply sympathise with them for the arduous task they have to bear. However, we think that rather than lament publicly, the CJN should approach the National Judicial Council (NJC) which oversees the affairs of judges in the country for appropriate legislative interventions.
The Tide believes that a far-reaching reform of the Supreme Court is long overdue. So, to be included in such a change should be a timeline for the determination of all cases in court regardless of the tier. This will ensure a speedy dispensation of justice in the nation’s judicial system.
The slow pace of justice delivery and accumulation of pending cases are regrettable and frustrating. If the regular saying that “justice delayed is justice denied” is anything to go by, then, we have a plethora of denied justice in our land. Some matters remain up to 10 years or more before their adjudication at the Supreme Court.
It is worrying that despite complaints from the CJN and stakeholders in the judiciary of the scanty number of judges, the Supreme Court bench is yet to have its full complement of justices. We demand that the President acts on the recommendation of NJC on the elevation of some justices from the Court of Appeal to the apex court.
We are in sync with the CJN to limit the number of cases the apex court can adjudicate. Allowing almost all cases to get to the Supreme Court without limitations constitutes a burden on the nation’s legal system, particularly considering that even in advanced democracies like the United States of America (USA) and Canada, only constitutional and important matters get to the Supreme Court.
With a population of about 340 million people, the USA, for instance, has only one federal Supreme Court comprising nine members with several others in the states to handle matters arising from state laws. Similarly, Canada, a complex country of over 35 million with English and French speaking people residing on a land mass 10 times bigger than Nigeria, has a national Supreme Court and others in the provinces.
We recommend that the US and Canadian models be adopted and made workable in Nigeria. The Supreme Court has to be unbundled and established in each of the six geo-political zones to hear sundry matters, while the apex court in Abuja will be concerned with constitutional issues. In contrast, the current membership of the court should be increased from the constitutionally-provided 21 members to accommodate a few more panels.
Nigeria’s justice system is beset with many determinants. The apex court in particular has been congested with frivolous and scandalous cases. Any wonder the CJN had once claimed that the case diary of the court had been filled till 2022 following over 500 pending cases. The Supreme Court should be a policy court to focus mainly on constitutional issues while most of the works should be done at the lower courts.
Editorial
That Oshiomhole’s Call On FG’s Road Projects
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
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