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 Call to End Girl-Child Marriage
Nigeria joined the world in commemorating the International Day of the Girl-Child on 11 March 2026, an observance dedicated to advancing girls’ rights and amplifying their voices. This year’s theme, “End Child Marriage and Invest in Girls’ Rights,” confronts a deep-rooted injustice and demands an end to sacrificing girls’ futures to prejudice and expediency.
The focus is child marriage, not as an unavoidable misfortune but as a preventable injustice. Though prevalent in many societies, the practice remains particularly troubling in parts of northern Nigeria, where it has become normalised. Reports of girls aged 10 to 13 being married off are disturbing. The controversy surrounding a Nigerian senator and former governor who married a 13-year-old girl further exposed the practice to global scrutiny, yet accountability at home appeared limited. When lawmakers disregard the law, society’s moral compass is compromised.
UNICEF’s statistics reveal the scale of the crisis. Globally, an estimated 650 million women and girls alive today were married before turning 18, while more than 12 million girls enter marriage annually before adulthood. In Nigeria, about 33 per cent of girls marry before 18 and 11 per cent before 15. The prevalence reportedly reaches 63 per cent in Jigawa and Zamfara States and 61 per cent in Sokoto and Katsina. These figures represent millions of childhoods interrupted and futures imperilled.
These statistics explain why the United Nations continues to campaign against child marriage and advocate investment in girls. The consequences are devastating. Girls whose bodies are not fully developed face increased risks of maternal death, obstetric fistula, sexually transmitted infections and psychological trauma. The economic cost is equally significant. A 2017 World Bank and International Centre for Research on Women Study estimated that ending child marriage could generate an additional $7.6 billion in earnings and productivity for Nigeria, as early marriage deprives girls of education, skills, and opportunities to contribute to national development.
Educating a woman benefits the entire society. As a mother, she often becomes her children’s first teacher and a vital influence on their character. An educated mother helps raise enlightened children, just as one candle can light many others without losing its flame. Denying women education undermines families and communities. To expect wisdom while deliberately withholding knowledge is to demand the impossible.
Several reasons are offered for marrying off young girls, including economic hardship, cultural practices and religious beliefs. In some households, daughters are treated as commodities, married early so that their bride price can finance their brothers’ education. While boys enter classrooms, their sisters are sent to matrimonial homes. This discriminatory practice is shortsighted, depriving the nation of half its human potential. A country cannot expect to run effectively after deliberately crippling one side of its capacity.
Beyond these justifications lies the entrenched belief that women ultimately belong in the kitchen, regardless of their education. This outdated notion is demonstrably false. Countries where women lead governments, businesses, research institutions and other sectors show what investment in female talent can achieve. Rwanda’s substantial female parliamentary representation is one example. Confining women to domestic roles limits not only their ambitions but also the nation’s progress.
A girl-child must not surrender her childhood to poverty or prejudice. Some traditions discourage women from attaining educational heights comparable to or greater than those of men, driven by the baseless fear that educated women will disrespect their husbands. Such thinking equates enlightenment with insubordination and empowerment with threat. This patriarchal mindset perpetuates inequality and keeps society trapped in backwardness.
Consequently, some parents consider educating their daughters a waste of resources, likening it to watering another man’s garden. This attitude is deeply misguided. Every girl deserves the opportunity to learn, grow and pursue her dreams. Early marriage mortgages her future, stifles her potential and traps her in circumstances she might otherwise overcome. No society can justify sacrificing a child’s prospects to outdated customs or immediate financial gain.
Ending child marriage must, therefore, go hand in hand with investing in girls’ education, safety and rights. Every girl should have the opportunity to realise her potential. This requires more than annual declarations, billboards, posters and seminars held in air-conditioned halls. Awareness without action is like a cloud without rain: promising, yet incapable of nourishing the ground.
The campaign must move beyond tokenism to practical intervention, particularly at the state level, where the problem is acute. Governments should formulate policies that protect girls and make education accessible. Scholarships, bursaries, conditional cash transfers, school feeding programmes and other incentives can help keep girls in school. When education is affordable and adequately supported, more girls can choose the classroom over the bridal chamber.
Civil society organisations, faith-based groups, and traditional institutions must intensify efforts to challenge child marriage and dismantle harmful beliefs disguised as religious or cultural obligations. Parents must also uphold their responsibility to protect and educate their daughters, despite economic pressures. A society that educates its girls invests in its future; one that marries them off in childhood mortgages that future at an incalculable cost.
Editorial
Restructure the UN Power Arrangement
Editorial
Time To Resolve The Pension Crisis In Rivers
The prolonged suffering of Rivers State pensioners who have remained unpaid since retiring in July 2025 demands urgent executive and legislative intervention. The Nigeria Labour Congress (NLC) has rightly put its finger on the Contributory Pension Scheme (CPS) as the root cause of this crisis. The state government must now bite the bullet, dismantle this failed experiment, and bring the pensioners’ protracted ordeal to an end.
Since July 2025, the affected retirees have been left high and dry, their monthly pensions unpaid, and their dignity worn away. The NLC, under the leadership of Comrade Alex Agwuanwon, has also linked this deplorable situation to the political storm that engulfed the state, while expressing cautious optimism that the prevailing calm will pave the way for the payment of outstanding arrears. The Tide shares that optimism. However, optimism alone will not put food on the table for men and women who gave the best years of their lives to the service of the state.
The genesis of this crisis is not shrouded in mystery. The CPS was introduced in Rivers State in 2012 under the administration of former Governor Chibuike Rotimi Amaechi, pursuant to the Rivers State Pension Reform Law of that year. The scheme was ostensibly designed to bring the state into line with the federal Pension Reform Act of 2004, which had established a contributory framework for retirement benefits across the country. What was sold as a progressive reform has, in truth, become a millstone round the neck of the very workers it was meant to protect.
The CPS has failed in the state, and it has failed spectacularly. Its fundamental flaw lies in the government’s chronic inability, or unwillingness, to honour its counterpart funding obligations. The arrangement was meant to be a joint endeavour: employees contribute a portion of their salaries, and the employer matches it. But the state has consistently failed to keep its side of the bargain, leaving the pension fund anaemic and unable to meet its obligations. The result is as predictable as it is unconscionable. Retirees are left with only their own contributions to fall back on, a mere pittance that cannot see them through their twilight years.
The human cost of this institutional failure is staggering. Men and women who devoted decades to the civil service now find themselves cast adrift, their legitimate expectation of a secure retirement shattered. The psychological toll of such betrayal is beyond measure. A pension is not an act of charity. It is a contractual obligation, a deferred wage for services already rendered. To withhold it is to break a sacred trust. The authorities must understand that every delay in resolving this crisis costs lives, both in the literal sense as elderly retirees struggle to pay for healthcare and sustenance, and in the figurative sense as the social contract between the state and its workforce wears thinner with each passing month.
This development does not show the government in a favourable light. For a state to allow people who served it with dedication and integrity to languish in penury after retirement is morally indefensible. It sends a chilling message to serving civil servants that loyalty will be repaid with abandonment. This is precisely why organised labour must not rest on its oars. The NLC’s call for the termination of the CPS is not mere grandstanding. It is a necessary corrective. The scheme, as presently administered, is irredeemably broken and must be done away with.
The most damning indictment of the CPS since its inception is its one-sidedness. The government has failed to pay its counterpart funding, reducing the scheme to a hollow shell. Of what use is a contributory arrangement when only one party contributes? Retirees cannot be expected to live on the meagre sums they themselves set aside, sums which have been steadily eroded by inflation and administrative charges. Workers have been short-changed, left to carry the can while the government looked the other way. It is a quiet expropriation of their future.
The time to put this right is now in the interest of justice, equity, and fairness. The NLC should push harder for the swift implementation of its committee’s report to Governor Siminalayi Fubara. That report contains a sensible and pragmatic recommendation: that the CPS should apply only to those employed in the year it was enacted, thereby allowing existing civil servants to remain under the Defined Benefit Scheme (DBS) to which they were originally entitled. This is not a radical proposal. It is a reasonable compromise that recognises the legitimate expectations of long-serving workers and rights the wrongs of the past.
The authorities must act with dispatch. Governor Fubara should, without further ado, send a draft amendment of the Pension Law to the House of Assembly for passage into law. With such legislative intervention, those who retired from July 2025 to date would be returned to the DBS, receiving pensions calculated on their terminal salaries and years of service rather than the paltry sums available under the failed contributory arrangement. The NLC, for its part, should keep its foot on the pedal through dialogue, advocacy, and, if necessary, peaceful protest. Pensioners deserve not just fine words but concrete action.
Rivers State cannot lay claim to be progressive while its retirees are forced to go cap in hand for their rightful entitlements. The measure of any civilised society is how it treats its elderly. By that yardstick, the present situation is a blot on the state’s escutcheon. The government must clear the backlog of arrears, scrap the CPS for the category of workers it should never have applied to, and restore the DBS in full. Nothing less will suffice.
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