Editorial
S’Court: Averting Constitutional Crisis

The Supreme Court Bench has failed to fill all of its vacant seats despite the repeated appeals made by retired justices and lawyers. As a consequence, the court currently does not have its complete complement of 21 justices, leading to an excessive workload on the existing jurists who are already overwhelmed with a significant number of cases. This has constituted a delay in the quick dispensation of justice.
The Chief Justice of Nigeria, Justice Olukayode Ariwoola, expressed his concern regarding the decreasing number of justices on the apex court bench and the resulting burden it has placed on their workload. During a valedictory ceremony for retired Supreme Court Justice Abdu Aboki on September 15, 2022, Ariwoola, who was then serving in an acting capacity, highlighted that the departure of one justice had led to an increased workload for the remaining jurists.
With the deaths of Justice Sylvester Nwali Ngwuta and Justice Centus Nweze as well as recent retirements of Justices Musa Muhammad Dattijo and Adamu Augie, the Supreme Court is now faced with a more precarious challenge. The number of justices has dwindled to just 10, the lowest it has ever been in contemporary history. Dattijo restated this fact in his valedictory speech in Abuja, last Friday, which has shaken the very foundations of the apex court in many ramifications. This development raises concerns among Nigerians who have long hoped for a swift dispensation of justice.
The authorities must make efforts to get on board enough Justices to boost their rank and avert a constitutional crisis.
Interestingly, over the past two decades, the Supreme Court has not been able to reach its full complement of 21 justices. This is noteworthy considering the continuously growing list of cases, partly due to the contentious and litigious nature of our democratic system. The court experienced a critical milestone in January 2017 when Uwani Abba-Aji was sworn in, bringing the total number of justices to 17. However, this period of success was short-lived.
Approximately two years later, former President Muhammadu Buhari acted upon a court order that sparked controversy and led to the suspension of the Chief Justice of Nigeria at the time, Walter Onnoghen. Consequently, Onnoghen was ultimately removed from his position by the National Judicial Council. In addition, the retirements of Kumai Akaahs and Sidi Bage further diminished the number of justices to 14.
Efforts to increase the number of Supreme Court justices, both before and after the mentioned period, have been unsuccessful in achieving the desired results. Currently, the vacant positions remain unfilled. In June 2019, former President Muhammadu Buhari requested the immediate past CJN, Tanko Muhammad, to commence the process of appointing an additional five Justices to complete the total of 21 Justices. However, despite several years passing since this directive was given, it has yet to be implemented.
At the moment, the chances of litigants receiving quick justice are very low. Court appeals can drag on for years, even decades, leading to some litigants passing on before their cases are resolved.
Onnoghen had alerted the nation that the court’s schedule was booked until 2021 with appeals, reiterating this in January 2019. For example, the Supreme Court rejected 14 pre-election suits in January 2019, before the main elections, citing Section 285 of the Constitution. The 2019 pre-election and general election cases, which had a time-sensitive nature, gave rise to a backlog of cases.
Consequently, there were delays in non-election litigations and a substantial burden placed on the judges, allowing them very little time for personal matters and their families. In contrast, in other jurisdictions, their highest courts are actively making noteworthy contributions to the field of jurisprudence.
Certainly, the workload of the Supreme Court has indeed increased significantly over the years, resulting in an immense burden. In light of this, we propose the implementation of a decentralised apex court structure. This entails establishing divisions within the Supreme Court dedicated to each state or the nation’s six geopolitical zones, akin to the structure observed in the Court of Appeals. The purpose of this arrangement is to foster a robust federal structure, ensuring that matters related to the states or the interpretation and application of state laws are addressed at the respective state Supreme Court level.
Few interpretations of Constitution and policy cases, as well as local matters like land disputes and commercial transactions, will reach the Supreme Court in Abuja.
Establishing court divisions in each state or geopolitical zone would ensure that such local cases are handled at the highest court within the state, while only a select few cases of national significance or trans-border commerce would be escalated to the apex court, thereby reducing the workload of the Supreme Court. A filtration system should be established to determine the kind of cases to be heard by the highest court.
In 1976, the Court of Appeal had three divisions in Lagos, Enugu, and Kaduna. However, to reduce travel distance, and cost, and enhance efficiency, there are now 19 divisions. It is noteworthy that while the Court of Appeal is expanding, the Supreme Court remains unchanged. Therefore, President Bola Tinubu should prioritise reforms that facilitate the swift promotion of Court of Appeal justices to the Supreme Court.
Considering the possibility of other Justices retiring soon, it would be prudent for the President to formally request the Chief Justice of Nigeria for additional nominees. This would help strengthen the numerical capacity of the court to a satisfactory level in the immediate future. As a more lasting solution, we propose the revision of the Constitution to limit the President’s authority in appointing Supreme Court Justices. Instead, a neutral entity should be entrusted with this responsibility.
Having 21 justices for Nigeria’s apex court may be appropriate. The United States Supreme Court has nine justices, while the United Kingdom and Canada have 12 and nine, respectively. In the US, around 7,000 to 8,000 new cases are filed each term. Nigeria’s challenge lies in using technology to enhance justice administration and optimise constitutional arrangements.
Editorial
New Federal Varsity In Ogoni

President Bola Ahmed Tinubu has made history by signing into law a bill that establishes the Federal Univer-
sity of Environment and Technology in Ogoni, Rivers State. This significant occasion marks a bold step forward not only for the Ogoni people but also for the Niger Delta region and Nigeria as a whole. It signifies a commitment to education, environmental sustainability, and technological advancement.
For the Ogonis, who have long been impacted by environmental challenges, the university represents a beacon of hope. It is more than just bricks and mortar; it is a symbol of empowerment and a pathway to a brighter future. This development is akin to a seed, planted with the promise of a flourishing harvest of skilled professionals.
The university’s emphasis on environmental technology is extremely important, especially given Nigeria’s climate crisis. Education plays a crucial role in developing sustainable solutions. The institution will provide students with the necessary skills and knowledge to address the environmental challenges affecting the Niger Delta region and beyond. This will have a momentous impact.
Signing the bill, the President praised the Ogoni people’s resilience and unity. He stressed that the institution would mark a “significant milestone in our national journey towards environment justice, education and sustainable development”. Tinubu said the university is a reaffirmation of his administration’s “unwavering commitment to the people of Ogoni, the Niger Delta and the nation as a whole. For decades, the Ogoni people have been at the forefront of fight for environmental restoration and sustainable development, shaping both national and global conversation of these critical issues.
“By signing this bill into law, we are taking a decisive step towards addressing historical grievances and creating new opportunities for learning, growth and prosperity. The university will serve as a centre of excellence, equipping young Nigerians with the knowledge and skill to tackle present environmental challenges, drive clean energy solutions and contribute to our national sustainable economic development.”
We commend President Tinubu for his visionary decision to establish the much-needed institution aimed at fostering development and progress. This initiative is a testament to his commitment to addressing critical social and economic knots and creating opportunities that will benefit the people. The President has laid a solid foundation for sustainable growth while demonstrating a genuine desire to empower and advance the nation’s collective interests.
In addition to his commendable action, we applaud Tinubu for initiating peace talks to bring stability and reconciliation to the troubled area. The decision to engage in constructive dialogue demonstrates a deep understanding of the relevance of inclusive governance and the role of peace in fostering meaningful development. For decades, Ogoni has endured turmoil and neglect, impeding its potential and the return of oil exploration activities.
By opening the door to peaceful negotiations, the President has made a bold and necessary move towards healing fractured relationships and fostering trust among stakeholders. This initiative holds the promise of ensuring that the voices and needs of the Ogonis are heard and respected. We urge all parties involved to seize this golden opportunity for lasting peace and progress. It is only through unity and mutual respect that the full potential of Ogoni, and by extension the nation, can be realised.
As steps are taken to acknowledge and remediate the damage caused by years of oil exploration and production, the Ogonis must reciprocate Mr. President’s gesture by fostering a climate of equanimity and stability. This will ultimately pave the way for the resumption of oil exploration and production. This is not a call to forget the past, but a pragmatic recognition that meaningful change and sustainable development require a collaborative approach.
The Federal Government has a responsibility to ensure that all academic disciplines offered by the new university are fully accredited to maintain the integrity and quality of the school. Without proper accreditation, the institution risks producing graduates who are ill-equipped to compete in the global workforce or contribute substantially to national development. Accreditation serves as a benchmark that ensures programmes meet academic standards and adhere to best practices across various fields of study.
Staff recruitment should be conducted carefully, as the individuals brought into a team can greatly influence an organisation’s performance, culture, and long-term success. The primary focus of recruitment efforts at the university should be on attracting the best candidates who possess the necessary skills, qualifications, experience, and values. Merit should be the guiding principle in decision-making throughout the hiring process, rather than favouritism or personal bias.
For a nation to thrive in the 21st century, a strong higher education system is not only desirable, but essential. Universities serve as the catalysts for innovation, the breeding grounds for future leaders, and the foundations of a knowledge-based economy. The Federal Government must acknowledge this vital role and take intentional actions to properly fund the university in Ogoni and develop infrastructure to ensure it meets international standards. Neglecting this responsibility would put its future prosperity and global competitiveness at risk.
This institution must not suffer the same fate as other federally-owned universities that have been left to decay. That will be a disservice to its purpose and potential. Many government-owned universities in the country have struggled with dilapidated infrastructure, underfunding, insufficient staffing, and interruptions caused by industrial actions due to unpaid wages or poor working conditions. These challenges have led to declining standards in education, putting both students and staff at a disadvantage. The Ogoni University must not be another victim of this worrying trend.
Editorial
HIV, Transiting From Donor Dependence

The initial announcement by United States President, Donald Trump, to cut funding for international
HIV/AIDS initiatives sent shockwaves through the global health community. In Nigeria, a country facing a significant HIV/AIDS burden, the potential consequences were dire. However, the subsequent waiver granted by the administration has provided a lifeline for the millions of Nigerians who rely on the President’s Emergency Plan for AIDS Relief (PEPFAR) for their treatment and support.
PEPFAR has been an important partner in Nigeria’s fight against HIV/AIDS. Since its inception in 2003, PEPFAR has committed more than $7.8 billion to the country, catering to approximately 90 per cent of HIV treatment requirements. With this funding, Nigeria has been able to enhance its HIV prevention, treatment and support services and has witnessed a reduction in HIV/AIDS deaths.
The waiver granted by the Trump administration guarantees that PEPFAR’s life-saving medicines and medical services will continue to reach the needy. Antiretrovirals (ARVs) are the most common type of medicine used to treat HIV and reduce the virus’ spread. Through the provision of ARVs, PEPFAR helps prevent the spread of HIV and enhances the quality of life of those with the condition.
Although Nigeria was recently exempted from the requirement, the signs are evident: the country has to graduate from dependence on donor funds for its HIV/AIDS control programmes. Over the years, partners including the U.S. government have been central to the provision of treatment to people living with the virus. However, it is time for Nigeria to own its national response to HIV/AIDS.
Nigeria’s HIV/AIDS burden remains critical, accounting for 10 per cent of the global total. In 2023 alone, there were 75,000 new infections and 45,000 HIV-related deaths. The battle against Mother-to-Child Transmission remains challenging, with only 35 per cent of the target 75 per cent being met. Nearly 1.7 million Nigerian children have been orphaned due to HIV. Vulnerable populations, especially women and children, continue to disproportionately suffer.
To transition away from donor dependence, a multifaceted approach is necessary. Firstly, the country must increase its domestic financing for HIV/AIDS programmes. This can be accomplished through innovative funding mechanisms, such as leveraging public-private partnerships and exploring local revenue sources. Secondly, the government needs to strengthen its healthcare system to ensure equitable access to testing, treatment, and care. This involves expanding access to antiretroviral drugs, investing in community-based models, and addressing the stigma associated with HIV.
Thirdly, Nigeria must prioritise prevention efforts. This entails promoting condom use, providing comprehensive sexual education, and increasing awareness about the risks and modes of transmission. By focusing on prevention, the country can decrease the incidence of HIV infections and ultimately lessen the burden on its healthcare system.
Finally, Nigeria should develop a sustainable human resource strategy for its HIV/AIDS response. This involves training and equipping healthcare workers, engaging community volunteers, and empowering people living with HIV to advocate for their rights. A well-trained workforce is essential for delivering high-quality services and ensuring the long-term success of the response.
The transition beyond donor dependence is a complex but necessary journey for the country. By increasing domestic financing, strengthening healthcare systems, prioritising prevention, and investing in its human resources, the country can create a sustainable and effective response to HIV/AIDS. Also, the government should consider alternative funding mechanisms, such as increased domestic funding, public-private partnerships, and philanthropic initiatives. The time to act is now, for the well-being of present and future generations.
Nigeria’s National Agency for the Control of AIDS (NACA) has made momentous strides in combating HIV/AIDS, including expanding access to testing, treatment, and education. However, challenges persist, hindering the effectiveness of these efforts.
One major obstacle is limited access to healthcare facilities, particularly in rural areas. This impedes timely diagnosis and treatment, reducing the likelihood of optimal outcomes for those living with HIV. Additionally, stigma surrounding the disease remains a formidable barrier, preventing individuals from seeking testing and care. Inadequate awareness campaigns further contribute to low testing rates and delayed diagnosis.
Addressing these challenges requires concerted action by the government and stakeholders. Allocation of adequate funding is crucial to expand healthcare infrastructure and ensure the availability of essential services. Moreover, targeted interventions to reduce stigma and promote awareness are vital for increasing testing and early detection.
Collaboration between civil society organisations and grassroots movements is also essential for advocating for protection of HIV funding. Advocacy campaigns can mobilise public support and pressure lawmakers to prioritise the fight against HIV/AIDS. By addressing these challenges and ensuring sustainable funding, Nigeria can depend less on donor countries, drastically reduce HIV transmission, and provide the necessary care to those affected by the disease.
Editorial
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