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
2027: Beyond IGP’s Billboards Protection Order
As Nigeria moves toward the 2027 general elections and campaign activities intensify, violence against opposition politicians has become an issue that can no longer be overlooked. What should be a season of competing ideas is increasingly turning into a test of intimidation, and early signs suggest that those challenging the ruling establishment are the primary targets.
It was, therefore, welcome news when the Inspector-General of Police, Olatunji Disu, warned politicians, political thugs and others against destroying, defacing or removing campaign posters, banners and billboards. In a statement issued in Abuja by the Force Public Relations Officer, CSP Ani Iniedu, the police condemned such acts as political intolerance, directed Commissioners of Police in all 36 States and the Federal Capital Territory to take preventive measures, and warned that sponsors would also face prosecution. The police rightly described such vandalism as a criminal act that undermines parties’ and candidates’ freedom to canvass for votes.
But billboards are replaceable; human lives are not. While applauding the IGP’s stance, we urge him to extend the same stern warning and enforcement zeal to thugs who assault opposition members during campaigns. A police force that punishes the tearing of a poster but ignores the breaking of a skull will have its priorities questioned. Allowing such attacks to continue could erode the foundations of our democracy.
Consider the African Democratic Congress (ADC) presidential campaign flag-off in Sokoto State on November 4, 2026. The party alleged that the State Government denied it access to public facilities, sealed its campaign venue and pressured hotels to reject its delegates, forcing it to hold the rally at its secretariat. The Sokoto authorities, however, denied instructing hotels to turn guests away. More seriously, two suspected ADC supporters were reportedly shot along the Sokoto–Wurno Road while travelling to the venue, allegedly by operatives of the Sokoto State Community Guards.
Whatever the truth of these competing accounts, a shooting demands more than press statements. It requires a transparent, independent investigation and prosecution where warranted. Sokoto was not an isolated incident. The following day in Birnin Kebbi, the ADC presidential campaign convoy was reportedly attacked by armed gangs. Amnesty International said vehicles were vandalised, people assaulted with cutlasses and roads blocked, while the party’s Kebbi governorship candidate, Abubakar Malami, alleged that media equipment was destroyed and tear gas deployed. His convoy had suffered a similar attack in the city in September 2025.
The Nigeria Democratic Congress (NDC) has suffered similar attacks. On November 4, hoodlums stoned the motorcade of its presidential candidate, Peter Obi, and running mate, Rabiu Musa Kwankwaso, at Watt Market roundabout in Calabar, Cross River State. Police reported arresting a 27-year-old suspect, Victor Edet, although it remains unclear whether he has been arraigned. The State Government has denied suggestions that ruling-party supporters were responsible. Worse, in Asaba, Delta State, one person was killed and five injured when suspected thugs attacked an NDC rally. A death at a political rally is no longer a warning; it is a damning indictment of the prevailing political climate.
Even critics of the establishment who are not frontrunners have not been spared. Omoyele Sowore, presidential candidate of the African Action Congress (AAC), was attacked by suspected thugs at a restaurant in Ado-Ekiti on October 30. He alleged that the assailants were linked to the Ekiti State Government House and that the Department of State Services leaked his location. Both the State Government and the security service denied involvement, while the police reported a minor injury and a discreet investigation. These conflicting accounts make an independent, publicly reported inquiry indispensable.
What deepens the concern is the Federal Government’s apparent silence. We are unaware of any specific, forceful condemnation of these assaults, even as All Progressives Congress (APC) rallies appear to proceed nationwide without incident. Such silence can easily be misconstrued as complicity, regardless of intent.
According to the Centre for Democracy and Development, 109 election-related deaths were recorded in the build-up to the 2023 polls. The Kimpact Development Initiative separately documented 238 incidents and 24 deaths during the general elections. Beyond Nigeria, Kenya’s 2007–08 post-election violence claimed more than 1,000 lives, according to the Waki Commission. Ghana, by contrast, enacted the Vigilantism and Related Offences Act in 2019 to curb party vigilante groups, a model worth studying.
The remedies are neither exotic nor expensive. The IGP should extend his directive to cover assaults on individuals and disruptions of rallies, while establishing a dedicated investigative unit to probe the Sokoto shooting and the attacks in Kebbi, Calabar, Asaba and Ado-Ekiti. It should publish the status of each case within a fixed period. Suspects must be prosecuted and their sponsors, regardless of party or position, brought to justice. State-backed security outfits, including the Community Guards, should be audited and barred from partisan duties.
The Federal Government must speak and act unequivocally. President Tinubu should specifically condemn attacks on opposition candidates and direct all security agencies to guarantee equal protection for every party. Governors must ensure equal access to public facilities for registered parties. The Independent National Electoral Commission (INEC), which has warned of fines and imprisonment under the Electoral Act 2026 for inflammatory campaign conduct, should enforce the Code of Conduct for Political Parties. Working with the Inter-Agency Consultative Committee on Election Security, it should publish a joint security plan covering campaigns, polling, and collation. Parties must discipline their supporters, courts expedite electoral-violence trials, and civil society and the media maintain a public record of incidents and their outcomes.
The credibility of the 2027 elections is at stake. An election is credible only when every contender can campaign, travel, assemble and speak freely, without fear. Without a free opposition, there can be no meaningful democracy. Nigeria is not a one-party State, and law enforcement agencies must demonstrate their neutrality through action, not communiqués. The campaign atmosphere is too tense to be left to chance. Billboards deserve protection, certainly, but citizens deserve it far more.
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