CJN Seeks Constitutional Changes To Limit Cases Reaching Apex Court Says Judiciary Won’t Replace Law With Mob Emotions

The Chief Justice of Nigeria (CJN), Olukayode Ariwoola, has advocated an amendment to the Nigerian constitution to stop most cases from getting to the Supreme Court.

Mr Ariwoola spoke against the backdrop of the enormous workload the 10-member Supreme Court currently grapples with, with many civil and political cases lingering for years before being decided.

The CJN said this on Monday in Abuja at the special session of the Supreme Court to mark the commencement of the 2023/2024 legal year and conferment of the rank of Senior Advocate of Nigeria (SAN) on 58 lawyers.

“I have made it clear at different occasions that it is not every dispute that must find its way to the court, and it is not every matter that must come up to the Supreme Court on appeal,” Mr Ariwoola said.

“Our laws have to be amended to make most appeals end at the Court of Appeal,” he added, saying the appellate court is competent to adjudicate on all cases.

Mr Ariwoola also urged Nigerians to be less litigious and embrace alternative dispute-resolution mechanisms.

There have been futile calls by retiring justices of the Supreme Court for a reduction in the type of cases that get to the Supreme Court. However, only amendments to the Nigerian constitution and other relevant laws by the parliament can achieve that if signed into law by the president.

Giving a breakdown of cases that were decided and those pending at the court, the CJN said a total of 1,271 appeals and motions were filed in the outgone year.

“Out of these, we heard 388 political appeals, 215 criminal appeals, and 464 civil appeals. Similarly, the court considered a total number of 49 criminal motions, 153 civil motions, and two political motions,” he said.

The CJN disclosed that the Supreme Court, between September 2022 and July 2023, delivered a total number of 251 judgements.

“Out of these, 125 were political appeals, 81 were civil appeals and 45 were criminal appeals. Within the period under review (precisely 10 months’ duration), a total number of 91 Rulings were delivered by the Honourable Court,” Mr Ariwoola said, praising the Supreme Court for its output in the last legal year.

With less than a year left for Mr Ariwoola as the CJN, he vowed to leave a legacy of having 11 more justices to the Supreme Court to achieve the unprecedented full complement of 21 justices.

Speaking on the need for judges to be upright, the CJN said integrity remains an essential quality of a judicial officer.

He urged judges to exhibit “the standards of integrity, morality, and good behaviour” in the discharge of their duties.

“In a situation where a judge decides a case wrongly out of motives, it shakes the faith of the litigant public; and by extension, the whole society.”

Mr Ariwoola noted that a corrupt judge “has no right to continue to occupy the chair as a judicial officer.”

He admonished judges to “lead a disciplined and principled lifestyle that will enhance their trust and integrity quotient.”

“In all we do, as interpreters of the law, we should endeavour to sever the strings of emotion from logic and assumption from fact,” Ariwoola said.

“We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases.

“Nevertheless, unnecessary and unwarranted utterances are bound to embarrass not only others, but the judge himself; thus what should be asked, should be asked, and what should not be asked, should be avoided.”

He also asked justices to be above board and to be bold during adjudication.

“I admonish our judges to, as usual, receive what is tendered in court and eschew what is against the law and facts after thorough analysis and assimilation both in and out of court, which exercise is, of course, part of judgeship,” he said.

“The Caesar’s wife must be above board! Your image and reputation both inside and outside the court must be pristine and crystal clear to all and sundry.

“Like I said earlier, be bold in all your judgments by deciding cases without fear or favour, because fear and favour come in many hues and colours.”