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
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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