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Editorial

S’Court: Averting Constitutional Crisis

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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.

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Editorial

Benue Killings: Beyond Tinubu’s Visit

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The recent massacre in Yelewata, Benue State, ranks among Nigeria’s deadliest attacks of
2025. While official figures put the death toll at 59, media reports and Amnesty International estimate between 100 and 200 fatalities. This atrocity extends a decade-long pattern of violence in Nigeria’s Middle Belt, where Beacon Security data records 1,043 deaths in Benue alone between May 2023 and May 2025.
President Tinubu’s visit on 18 June—four days after the 14 June attack—has drawn sharp criticism for its lateness. This delay echoes a history of inadequate responses, with Human Rights Watch documenting similar inaction in Plateau and Kaduna states since 2013, fuelling a culture of impunity. The attack lasted over two hours without meaningful security intervention, despite claims of swift action.
The violence bore hallmarks of genocide, with survivors recounting systematic house burnings and executions. More than 2.2 million people have been displaced in the region since 2019 due to comparable attacks. Data show Benue’s agricultural output falls by 0.21 per cent in crops and 0.31 per cent in livestock for every 1 per cent rise in violence.
Security forces continue to underperform. No arrests were made following the Easter attacks in April (56 killed) or May’s Gwer West massacre (42 killed). During his visit, Tinubu questioned publicly why no suspects had been detained four days after Yelewata, highlighting entrenched accountability failures.
The roots of the conflict are complex, with climate change pushing northern herders south and 77 per cent of Benue’s population reliant on agriculture. A Tiv community leader described the violence as “calculated land-grabbing” rather than mere clashes, with over 500 deaths recorded since 2019.
Government interventions have largely fallen short. The 2018 federal task force and 2025 Forest Guards initiative failed to curb violence. Tinubu’s newly announced committee of ex-governors and traditional rulers has been met with scepticism given the litany of past unkept promises.
The economic fallout is severe. Benue’s status as Nigeria’s “food basket” is crumbling as farms are destroyed and farmers displaced. This worsens the nation’s food crisis, with hunger surges in 2023-2024 directly linked to farming disruptions caused by insecurity.
Citizens demanding justice have been met with force; protesters faced police tear gas, and the State Assembly conceded total failure in safeguarding lives, admitting that the governor, deputy, and 32 lawmakers had all neglected their constitutional responsibilities.
The massacre has drawn international condemnation. Pope Leo XIV decried the “terrible massacre,” while the UN called for an investigation. The hashtag “200 Nigerians” trended worldwide on X, with many contrasting Nigeria’s slow response to India’s swift action following a plane crash with similar fatalities.
Nigeria’s centralised security system is clearly overwhelmed. A single police force is tasked with covering 36 states and 774 local government areas for a population exceeding 200 million. Between 2021 and 2023 alone, 29,828 killings and 15,404 kidnappings were recorded nationally. Proposals for state police, floated since January 2025, remain stalled.
Other populous nations offer alternative models. Canada’s provincial police, India’s state forces, and Indonesia’s municipal units demonstrate the effectiveness of decentralised policing. Nigeria’s centralised structure creates intelligence and response gaps, worsened by the distance—both physical and bureaucratic—from Abuja to affected communities.
The immediate aftermath is dire: 21 IDP camps in Benue are overwhelmed, and a humanitarian crisis is deepening. The State Assembly declared three days of mourning (18-20 June), but survivors lack sufficient medical aid. Tragically, many of those killed were already displaced by earlier violence.
A lasting solution requires a multi-pronged approach, including targeted security deployment, regulated grazing land, and full enforcement of Benue’s 2017 Anti-Open Grazing Law. The National Economic Council’s failure to prioritise state police in May 2025 represents a missed chance for reform.
Without decisive intervention, trends suggest conditions will worsen. More than 20,000 Nigerians have been killed and 13,000 kidnapped nationwide in 2025 alone. As Governor Hyacinth Alia stressed during Tinubu’s visit, state police may be the only viable path forward. All 36 states have submitted proposals supporting decentralisation—a crucial step towards breaking Nigeria’s vicious cycle of violence.

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Editorial

Responding To Herders’ Threat In Rivers

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Community leaders in Etche Local Government Area (LGA) of Rivers State have raised the alarm over spiralling insecurity, rampant land encroachment, and the growing menace of herdsmen attacks that are devastating their communities.
At a recent stakeholders’ forum convened with state authorities and headed by the Commissioner of Police, Mr Olugbenga Adepoju, the leaders implored the Rivers State Government to act urgently. They warned that criminal activities have collapsed essential services, including healthcare and education, plunging residents into hardship.
Mr Adepoju, representing the Sole Administrator of Rivers State, Vice Admiral Ibok-Ete Ekwe Ibas (Rtd), visited Etche as part of a broader fact-finding mission aimed at evaluating community challenges and formulating targeted responses rooted in local feedback.
Hon. Onyenachi Nwankwor, Administrator of Etche LGA, underscored the intensifying threat posed by herdsmen. He reported that farmlands are being seized, with armed herders allegedly extorting inhabitants and presenting serious risks to lives and property.
Farmers have been uprooted from their ancestral lands, severing generational ties and undermining their livelihoods. The abandonment of fields jeopardises food security and frays social cohesion, inflaming tensions and stoking fears of escalating conflicts over land and resources.
Women of Ogoni ethnic nationality, particularly in Luusue Sogho, Khana LGA, have decried escalating herders’ attacks on their farms, which are upending livelihoods and engendering fear. The systematic destruction of crops erodes economic stability and imperils food security, worsening malnutrition.
Similarly, women farmers in Ejamah, Eleme LGA, protested the destruction of their crops. They carried remnants of ruined harvests to the Eleme Police Station in a desperate plea for justice and protection.
A particularly harrowing incident was recorded in Afam Uku, Oyigbo LGA, where herdsmen reportedly attacked farmers, leaving two dead. The assault also resulted in the destruction of crops and displacement of numerous farming families.
Despite the Open Rearing and Grazing (Prohibition) Law No. 5 of 2021 designed to curb open grazing, violations persist. There is renewed demand for rigorous enforcement, swift arrests, and prosecutions to send an unequivocal message that lawlessness will no longer be condoned.
With a state of emergency declared in Rivers State, the onus is on every indigene and resident to proactively prevent any escalation into a full-blown crisis. Complacency is not an option; vigilance and cooperation with authorities are paramount. Crucially, security operatives must understand the heightened sensitivity of the situation and act decisively to maintain law and order.
Security agents must actively monitor vulnerable areas, identify potential flashpoints, and intervene promptly to avert unrest. Timely and resolute action is vital to restoring normalcy and forestalling larger catastrophe.
A sustainable solution lies in transitioning from open grazing to ranching, supported by policy and funding. Additionally, local peace committees should spearhead dialogue and mediation. Only through concerted action, inclusive dialogue, and strict law enforcement can Rivers State build a future of peace and shared prosperity.
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Editorial

Democracy Day: So Far…

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Nigeria’s return to democratic rule in 1999 marked a watershed moment in the nation’s political history. After enduring nearly 16 years of successive military dictatorships, Nigerians embraced a new era of civil governance with the inauguration of President Olusegun Obasanjo on May 29, 1999. Since then, the country has sustained a democratic system for 26 years. But, this democratic journey has been a complex mix of progress and persistent challenges.
The formal recognition of June 12 as Democracy Day in 2018 by former President Muhammadu Buhari acknowledged a long-standing injustice. The annulment of the 1993 presidential election, Nigeria’s freest, betrayed the democratic aspirations of millions. That it took decades to honour this date reflects the nation’s complex relationship with its democratic memory.
One of the most momentous successes of Nigeria’s democracy has been the uninterrupted civilian rule over the last two and a half decades. The country has witnessed seven general elections, with power transferring peacefully among different political parties. This is particularly notable considering that prior to 1999, no civilian government had completed a full term without military intervention. The peaceful transitions in 2007, 2015, and 2023 are testaments to Nigeria’s evolving democratic maturity.
Electoral participation, while uneven, has also reflected a level of democratic engagement. In 2003, voter turnout stood at about 69 per cent, but this figure dropped to approximately 34.75 per cent in 2023, according to the Independent National Electoral Commission (INEC). Although the declining turnout raises concerns, it also highlights the increasing expectations of the electorate, who demand credible and transparent elections.
Another area of progress is the growth of a vibrant and free press. Nigerian media has played a crucial role in holding governments accountable and fostering public discourse. Investigative journalism and civil society activism have exposed corruption and human rights abuses. The rise of social media has further expanded the democratic space, enabling young Nigerians to mobilise and advocate for change, as evidenced by the 2020 #EndSARS protests.
Judicial independence has seen mixed results. On one hand, the judiciary has occasionally demonstrated resilience, such as in landmark rulings that overturned fraudulent elections or curtailed executive excesses. On the other hand, allegations of political interference and corruption within the judiciary persist, undermining public confidence in the legal system’s impartiality.
Nigeria’s democracy has also facilitated the decentralisation of power through the federal system. State governments now wield some autonomy, allowing for experimentation in governance and service delivery. While this has led to innovative policies in some states, it has also entrenched patronage networks and uneven development across the federation.
Despite these successes, Nigeria’s democratic journey faces formidable problems. Electoral integrity remains a critical concern. Reports from election observers, including those from the European Union and ECOWAS, frequently highlight issues such as vote-buying, ballot box snatching, and violence. The introduction of the Bimodal Voter Accreditation System (BVAS) and electronic transmission of results in 2023 elections showed promise, but technical glitches and alleged manipulations dampened public trust.
Corruption continues to be a pervasive issue. Nigeria ranks 145th out of 180 countries on Transparency International’s 2023 Corruption Perceptions Index, with a score of 25/100. Democratic institutions meant to check graft—such as anti-corruption agencies and the legislature—often struggle due to political interference and weak enforcement mechanisms.
Security challenges have also strained Nigeria’s democracy. Insurgency in the North East, banditry in the North West, separatist agitations in the South East, and herder-farmer conflicts across the Middle Belt have collectively resulted in thousands of deaths and displacements. According to the Global Terrorism Index 2024, Nigeria ranks as the eighth most impacted country by terrorism. The government’s difficulty in ensuring safety erodes public confidence in the state’s capacity and legitimacy.
The economy poses another critical remonstrance. Nigeria’s Gross Domestic Product (GDP) per capita stands at approximately $2,400 as of 2024, with over 40 per cent of the population living below the national poverty line. High unemployment and inflation have fueled discontent and disillusionment with democratic governance, especially among youth. Without addressing economic grievances, the democratic dividend will remain elusive for many Nigerians.
Ethnic and religious divisions further complicate Nigeria’s democratic consolidation. Politicians often exploit identity politics for electoral gains, exacerbating social tensions. Although federal character principles aim to promote inclusiveness, they have also sometimes fostered a quota mentality rather than merit-based appointments.
Gender representation remains inadequate in Nigeria’s democratic institutions. Women occupy less than 10 per cent of seats in the National Assembly, one of the lowest rates globally. Efforts to pass gender parity bills have faced stiff resistance, highlighting deep-seated cultural and institutional barriers to female political participation.
Civil liberties, while constitutionally guaranteed, are under threat. Crackdowns on protesters, restrictions on press freedom, and surveillance of activists reveal an authoritarian streak within the democratic framework. The controversial Twitter ban in 2021 exemplified the country’s willingness to curb digital freedoms, prompting domestic and international criticism.
The political crisis in Rivers State embodies broader democratic struggles. Attempts to control the state through undemocratic means expose weaknesses in federal institutions and the rule of law. Immediate restoration of democratic governance in Rivers State is vital to preserving Nigeria’s democratic integrity and institutional credibility.
Local governments remain under the control of state governors, depriving citizens of grassroots democracy. Last year’s Supreme Court judgment on local government autonomy is promising, but state-level resistance threatens its implementation. Genuine autonomy would bring governance closer to the people and foster democratic innovation.
As we mark Democracy Day, we must honour the sacrifices of Chief M.K.O. Abiola, Kudirat Abiola, Femi Falana, Chief Gani Fawehinmi, Pa Alfred Rewane, President Bola Tinubu, and countless others, who fought for Nigeria’s freedom. As democracy in Nigeria continues to evolve after 26 years, this day should inspire action toward its renewal. With despotism and state failure as real threats, both citizens and leaders must take responsibility—citizens by demanding more, and leaders by delivering. Excuses are no longer acceptable.

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