Editorial

S’Court: Averting Constitutional Crisis

Published

3 years ago

November 15, 2023

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

June 12: The Faltering Democratic Journey

Published

2 days ago

June 12, 2026

The Tide

Nigeria today marks Democracy Day, an occasion set aside to celebrate the country’s democratic journey and reflect on the sacrifices made by citizens in the struggle for representative government. The day is both a celebration and a reminder that democracy is not merely about periodic elections. It is also about freedom, justice, accountability, security, and the welfare of the people.

June 12 occupies a special place in Nigeria’s political history because it commemorates the presidential election of June 12, 1993, widely regarded as the freest, fairest, and most credible election ever conducted in the country. The election was won by late Chief Moshood Kashimawo Olawale Abiola, but the military government of General Ibrahim Babangida annulled the results, plunging the nation into political turmoil and a prolonged struggle for democratic rule.

For many years, Nigeria celebrated Democracy Day on May 29 because that was the date when military rule ended and power was handed over to a democratically elected government in 1999. However, in 2018, the administration of late President Muhammadu Buhari officially moved Democracy Day from May 29 to June 12. The change was intended to honour the sacrifices of those who fought against military dictatorship and to recognise the importance of the annulled 1993 election.

More than two decades after the return to civilian rule, Nigeria’s democratic record presents a mixture of progress and disappointment. The country has maintained uninterrupted civilian government since 1999, making it the longest democratic period in its post-independence history. Yet, the quality of governance and democratic institutions remains a matter of concern.

On political rights, Nigeria has made modest gains. Citizens have the constitutional right to vote and contest elections, and political parties operate freely. However, concerns have always been about voter apathy, political violence, and the influence of money in politics. In the 2023 general election, fewer than 30 per cent of registered voters cast their ballots, highlighting declining public confidence in the electoral process.

Civil liberties have improved compared with the military era, but challenges persist. Citizens enjoy greater freedom to express opinions, organise groups, and participate in public debates. Nevertheless, reports of unlawful arrests, harassment of activists, and restrictions on peaceful protests raise questions about the full protection of civil freedoms.

Electoral integrity has shown some improvement through the deployment of technology by the Independent National Electoral Commission. Yet disputes over election management, vote buying, rigging, logistical failures, and prolonged litigation undermine public trust. Many Nigerians still believe electoral reforms have not gone far enough to guarantee completely transparent elections.

Freedom of expression and association are relatively vibrant. Traditional and social media platforms provide citizens with avenues to criticise government policies and mobilise public opinion. However, journalists, activists, and media organisations occasionally face intimidation, legal pressures, and threats that create concerns about press freedom and democratic openness.

Security is one of Nigeria’s weakest democratic indicators. Insurgency in the North East, banditry in the North West, farmer-herder conflicts in parts of the Middle Belt, separatist tensions in the South-East, and widespread kidnapping have created a climate of fear. Thousands of lives have been lost in violent attacks over the past decade, while many communities live under constant security threats.

The rule of law and judicial independence present a mixed picture. Nigerian courts have delivered landmark judgments that have strengthened democracy and resolved electoral disputes peacefully. Yet allegations of political interference, delays in the justice system, and concerns over selective application of the law affect public confidence in the judiciary.

Protection of individual rights and checks on executive power are among areas requiring improvement. Although constitutional safeguards exist, enforcement is often inconsistent. Institutions responsible for oversight, including the legislature and anti-corruption agencies, sometimes face accusations of weakness or partisanship. Strong democratic systems require institutions that can operate independently of political influence.

On accountability and transparency, Nigeria has made some progress through public procurement reforms, digital financial systems, and increased access to information. Yet corruption remains a major obstacle. Transparency International’s Corruption Perceptions Index has consistently ranked Nigeria among countries facing serious corruption challenges. The misuse of public resources undermines development and public trust.

Citizen participation in governance has expanded through civil society organisations, community groups, and digital engagement. However, many citizens still feel disconnected from decision-making processes. Economically, democracy has not delivered the level of prosperity many expected. Despite being Africa’s most populous nation, Nigeria has been struggling with high inflation, unemployment, poverty, and a rising cost of living. Effective and responsive government remains a challenge as many Nigerians demand better public services, infrastructure, healthcare, and education.

As Nigeria marks Democracy Day, the path forward is clear. Electoral reforms must be strengthened to improve transparency and public confidence. Security agencies must be better equipped and held accountable. Judicial independence should be protected, while anti-corruption institutions must be empowered to act without fear or favour. Governments at all levels should embrace transparency, respect human rights, and prioritise economic policies that create jobs and improve living standards.

Above all, citizens must actively engage in governance. Democracy flourishes not only through elections but also through continuous participation, vigilance, and accountability. The promise of June 12 will be fully realised only when democratic governance delivers freedom, justice, security, and prosperity to all Nigerians.

Editorial

Fix Bad Roads, Avert Flooding In PH

Published

6 days ago

June 8, 2026

The Tide

For many years, residents of Port Harcourt have suffered from deplorable roads and persistent flooding. During the rainy season, movement becomes difficult and business activities are often disrupted. Thankfully, there has been some relief in one major area. Since Governor Siminalayi Fubara addressed the flooding problem along Ikwerre Road by Afikpo Junction, the situation has improved significantly. Even after heavy rainfall, the area no longer experiences the usual flooding, and vehicles can now move freely without difficulty. This intervention deserves accolade and commendation.

Another notable project is the ongoing drainage reconfiguration at NTA Road, opposite the Nigerian Television Authority. The work being carried out there shows that the government recognises the connection between poor drainage and deteriorated roads. Once completed, the project could become a good example of how proper planning and infrastructure maintenance can improve urban roads. The administration should be encouraged to sustain this undertaking.

While the governor continues to carry out development projects across the state, attention should also be given to Obi Wali Road in Obio/Akpor Local Government Area. The road has remained in decrepit condition for years despite its importance as a major economic route. Whenever it rains, flooding stretches from Rumuigbo Junction to Nkpolu Junction, forcing businesses to discontinue operations for the day. According to traders in the area, several shops shut down after every heavy rainfall. This situation cannot continue indefinitely.

Fubara should spend more time scrutinising roads and infrastructure across Port Harcourt personally rather than depending entirely on reports from officials. His intervention at Ikwerre Road was successful because he saw the problem firsthand and understood the extent of the tribulations faced by motorists and residents. The same practical approach should now be replicated on Obi Wali Road.

A visit to the area during rainfall would clearly reveal how quickly the road becomes impenetrable. Vehicles struggle to move through the flooded sections, while pedestrians are forced to walk through unsanitary water. Direct assessment often provides a clearer understanding of problems and can lead to quicker and more efficacious solutions.

The current condition of Obi Wali Road is similar to what Elelenwo Road looked like before it was reconstructed under the administration of former Governor Nyesom Wike. After the road was metamorphosed, the area became more accessible, attractive and serviceable. Today, Elelenwo Road accommodates heavy traffic daily without major flooding issues. There is no reason Obi Wali Road should not receive similar attention. What is required is commitment and political fortitude.

The Airforce and Rumuomasi section of the Port Harcourt–Aba Road, beginning from Shoprite to PAMO, also remains in very poor predicament. During heavy rainfall, flooding affects the stretch from Lagos Bus Stop to Market Junction, covering almost 1.2 kilometres. As a result, motorists are forced to circumnavigate through Old Aba Road before reconnecting at Rumubiakani or Market Junction. This often adds between 20 and 30 minutes to expeditions during the rainy season.

The situation is becoming increasingly disconcerting. Smaller vehicles frequently avoid the route whenever it rains heavily. Reports from local transport operators indicate that many private and commercial vehicles circumvent the area on rainy days. Sadly, this has become a perennial problem every rainy season, despite changes in government over the years. The current administration should focus on providing a permanent solution rather than temporary repairs that fail after a short time.

Flooding is also common along the NTA–Choba Road near Choba Market, opposite Royal House of Grace Church. Although the road itself is in fairly good condition, blocked drainage channels continue to create encumbrances whenever it rains. In addition, potholes are beginning to materialise along Obiri Ikwerre Road leading towards NTA Road. If these faults are ignored, they will eventually develop into major road degeneration.

Other areas in urgent need of attention include Mile 3 Market Road to Wokoma Street, which floods after torrential rainfall, and Gambia Junction at Mile 2 Diobu, where flooding has become ubiquitous. Okporo Road, the stretch from Rumuodara Junction to Artillery, Bereton Junction, and Miniesuku Junction near Halley College are all in dilapidated condition. Altogether, these roads affect the daily movement of hundreds of residents across the city.

To address these challenges effectively, the state government should establish a specialised road maintenance agency responsible for identifying and repairing damaged roads before they deteriorate completely. Regular inspections and preemptive maintenance would help reduce long-term reconstruction costs and improve road safety across Port Harcourt.

Local government councils also have an important role to play. Each council should maintain meticulous records of roads within its jurisdiction and monitor their condition regularly. Responsibility for road maintenance should not rest entirely on the state government. Better synergy between state and local authorities would ensure that no road is overlooked.

Governor Siminalayi Fubara has already shown positive leadership through the improvements at Ikwerre Road. Residents now hope that the same commitment will be cloned across other troubled areas in Port Harcourt so that the city could finally experience safer roads, better drainage and unobstructed movement for everyone.

Editorial

Nigeria’s 27 Years of Civil Rule Journey

Published

2 weeks ago

May 29, 2026

The Tide

Nigeria returned to civil rule on May 29, 1999, after several years of military intervention in politics. The transition marked a major turning point in the nation’s history and raised hopes for freedom, stability, economic growth and accountable leadership. Citizens expected that elected governments would strengthen institutions, improve living conditions and unite the country after years of authoritarian rule. Twenty-seven years later, civil rule has survived without interruption, making it the longest uninterrupted civilian administration since independence in 1960.

Since 1999, Nigeria has witnessed six administrations at the federal level. Olusegun Obasanjo governed from 1999 to 2007, followed by Umaru Musa Yar’Adua from 2007 until his death in 2010. Goodluck Jonathan served from 2010 to 2015, while Muhammadu Buhari led the country between 2015 and 2023. Since May 2023, Bola Ahmed Tinubu has been in office. Though democracy has remained stable, governance outcomes have produced mixed reactions among Nigerians.

The country has made some notable progress over the past 27 years. Democratic institutions such as the National Assembly, judiciary, political parties and the media have become stronger than they were during military rule. Elections are now regular, though still imperfect. Telecommunications, banking, entertainment and digital technology have expanded greatly. Nigerian youths have also become more politically aware and active. The country’s economy, despite its difficulties, remains one of the largest in Africa.

However, many of the expectations that came with democracy remain unmet. Corruption, unemployment, poverty, insecurity and poor infrastructure continue to trouble the nation. Public confidence in government institutions has weakened over time because many citizens believe political leaders have not done enough to improve their welfare. Ethnic and religious tensions also remain major challenges. While democracy has endured, good governance has not always matched the hopes of the people.

President Tinubu’s administration began with bold economic decisions aimed at reforming the nation’s finances. His government removed fuel subsidy and unified the foreign exchange system. Supporters argue that these measures were necessary to reduce waste and attract investment. The government also increased revenue allocation to states and sought to improve tax administration. Yet the immediate impact has been severe hardship for millions of Nigerians. Inflation, high transport costs and the falling value of the naira have placed enormous pressure on households and businesses.

In education, the Tinubu administration has promised reforms through student loan schemes, support for technical education and efforts to reduce strikes in tertiary institutions. Some progress has been recorded with the establishment of the Nigerian Education Loan Fund. However, public schools still face poor funding, inadequate facilities and shortage of teachers. Many students continue to struggle with rising school fees and declining quality of education.

The health sector under the current administration has also recorded both efforts and challenges. Government has pledged to improve health insurance coverage. Nevertheless, hospitals across the country still suffer from inadequate equipment, shortage of medical personnel and brain drain as doctors and nurses continue to leave Nigeria for better opportunities abroad. Access to affordable healthcare remains difficult for many rural communities.

The power sector remains one of Nigeria’s biggest disappointments after nearly three decades of democracy. Despite repeated promises and reforms, electricity supply is still unstable. Businesses and households spend heavily on generators and fuel. The Tinubu administration has introduced policies aimed at decentralising power generation and encouraging investment, but ordinary Nigerians are yet to feel significant improvement in electricity supply.

The rising cost of living has become the greatest concern for many Nigerians today. Food prices, transportation costs and rent have increased sharply. Though the Federal Government introduced palliative programmes and cash transfer initiatives to cushion the effects of reforms, many citizens believe the interventions have been inadequate or poorly distributed. There is growing demand for more effective social protection programmes targeted at vulnerable citizens.

On national security, the government continues to battle terrorism, banditry, kidnapping and communal violence. Security agencies have recorded some successes in parts of the country, yet insecurity remains widespread. Farmers in many rural communities still face attacks, affecting food production and increasing fear among citizens. Regional stability in West Africa has also become more uncertain due to political crises in neighbouring countries. Nigeria continues to play a leading diplomatic role in the region, but internal security challenges weaken its influence.

In infrastructure and other key sectors, the Tinubu administration has continued several road, rail and housing projects inherited from previous governments. Investments in ports, gas and digital technology have also been encouraged. In agriculture, government has promoted mechanised farming, dry season cultivation and access to credit. Yet food insecurity remains high because insecurity, inflation and poor rural infrastructure continue to affect agricultural productivity. Nigeria still imports many food items despite its vast agricultural potential.

To improve national conditions, the Federal Government must place greater attention on job creation, industrialisation and support for small businesses. More investment is needed in agriculture, healthcare, education and electricity. Anti-corruption institutions should be strengthened while government spending must become more transparent. Leaders must also prioritise national unity and reduce political divisions. Nigerians expect reforms that produce visible improvements in their daily lives, not only policy announcements.

In Rivers State, the 27 years of civilian rule have produced substantial development alongside political tensions. The state has remained economically important because of its oil and gas resources. Different administrations since 1999 have invested in roads, schools, healthcare facilities and urban renewal projects. However, political conflicts and struggles for power have often affected governance and slowed development in parts of the state.

Governor Siminalayi Fubara assumed office in May 2023 amid high expectations and intense political disagreements. In infrastructure, his administration has initiated projects such as massive road construction, bridge rehabilitation and urban development schemes in parts of the state. Ongoing works on major roads and public facilities have been presented as efforts to improve transportation and economic activities. Critics, however, argue that political instability in the state has distracted government’s attention from faster project delivery.

In education and health, the Rivers State Government has continued support for public schools and healthcare centres. Efforts have reportedly been made to improve learning environments and sustain payment of workers’ salaries. In health, there have been interventions in hospitals and primary healthcare services. On security, the administration has worked with security agencies to maintain peace, although political tensions in the state have created uncertainty. In the civil service, workers and pensioners have largely continued to receive salaries, stipends, and welfare support. The state government has also shown interest in agriculture and power development, though these sectors still require stronger investment and clearer long term strategies.

Going forward, Rivers State needs greater political stability to achieve meaningful development. The government should focus more on rural roads, youth employment, agricultural expansion and uninterrupted healthcare services. Investments in independent power projects and industrial development would help attract businesses and reduce unemployment. Above all, political leaders in the state must place the interest of the people above personal or factional battles. Democracy can only succeed when governance delivers peace, development, and hope to ordinary citizens.