By Deborah Onyofufeke, Abuja
The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, yesterday noted that not all court cases should find their way to the Supreme Court bench.
Emphasising the need for Nigerians to embrace the Alternative Dispute Resolution (ADR) module and conflict resolution and mediation in their pursuit of justice, he said the independence of the judiciary should be given adequate statutory protection both at the Federal and state level so that they could be seen to be truly and genuinely independent in all ramifications.
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 determination.
In his address at the special session of the Supreme Court held to mark the beginning of the 2023/2024 new legal year and conferment of the rank of Senior Advocate of Nigeria (SAN) in Abuja, the CJN lamented the all-time low number of justices on the Supreme Court bench and the number of litigations that emerged.
Ariwoola admonished Nigerians to be less litigious and be more disposed to ADR to free the courts of unnecessary over-stretching of both human and material resources.
He, however, assured the public that within a very short while, the apex court would get the constitutionally-prescribed full complement of the 21 justices, for the first time in the history of the country.
The CJN added that getting this done is one of the legacies he had been working assiduously to leave behind.
His words, “I have made it clear on 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.
“In every dispute, only one party must win; and winning could come after intense legal fireworks that are transparent and based solely on subsisting laws of the land. We cannot import foreign laws to try our cases here, as some litigants would erroneously and desperately want us to do in the quest to get victory.
“The good news I would like to share here again is that the Alternative Dispute Resolution (Mediation) Centre of the Supreme Court has been fully furnished and equipped with both materials and personnel to function effectively and efficiently.
“Very soon, I will inaugurate the Centre for full operation. So, we should begin to take advantage of alternative dispute resolution mechanisms to resolve some of our disputes to cut down the cost of litigation and also free the Courts from case overload.”
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*’Apex court handled 1,271 cases, delivered 251 judgements in 10 months’
The CJN noted that no fewer than 1,271 matters, comprising motions and appeals, were filed at the Supreme Court between September 12, 2022, and 11th July 2023.
He said out of the 1,271 appeals, 388 were political appeals, 215 were criminal appeals, and 464 were civil appeals.
Similarly, he said the court considered a total number of 49 criminal motions, 153 civil motions, and two political motions.
The CJN added that between the 30th of September, 2022, and the 11th of July, 2023, the Supreme Court delivered a total number of 251 judgments, out of which 125 were political appeals, 81 were civil appeals, and 45 were criminal appeals.
He also disclosed that within the period under review (precisely 10 months’ duration), a total number of 91 rulings were delivered by the court.
He appraised the record stating that, to a very large extent, the scorecard is impressive, fascinating, and appreciable, especially given the attenuating number of justices on the Supreme Court Bench.
Speaking on the challenges that faced the apex court in the land in the 2022/2023 legal year which ended on Friday, 21st July 2023, as the last legal year that he would be presiding over, Ariwoola, by the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) noted that the courts need to be trusted at home and abroad for high level of respect for the rule of law, institutional and personal independence of the judiciary.
He said this could become a major factor in the attraction of the country as a destination for investment and reliability as an international partner in all spheres of human endeavour.
The CJN stressed, “The Nigerian Judiciary, over the years, has strove assiduously to carve a reputation for great integrity and independence which will ultimately embolden us to act without fear of intimidation or harassment from the other arms of government.
“We, the members of the judicial hierarchy have, undoubtedly, inherited a legacy of dedicated collective endeavour by the Bench and the Bar by painstakingly establishing an unbroken tradition of high efficiency, perfect integrity, and fearless independence.”
He added, “Let me state it clearly here that the true touchstone for measuring the success of a Judicial Institution is the degree of confidence reposed in it by the public.
“It is a solemn pledge that we, as a judicial body, are making at this occasion that we are going to work more assiduously and tirelessly to make our country earn for itself the fullest respect and confidence of both the citizens and the international community.”
According to him, “The rule of law, with all its well-understood facets, has been highly questionable since the advent of democratic governance in 1999. It is noteworthy that reputation can take a long time to establish but can be dissolved and destroyed in an instant, sometimes, inadvertently.”
*Tasks judges on fairness
Ariwoola called on all judges to hold high the code of conduct of their profession and avoid being partial as “impartiality is the hallmark of a Judge.
“I admonish all of us to always be impartial in all our judgments. I am saying all these now because I will never have this great privilege and opportunity to address the galaxies of legal luminaries, judicial icons, and distinguished personalities in the justice sector of our dear nation in another legal year of the Supreme Court as Chief Justice of Nigeria in my entire lifetime again”.
Also, 58 lawyers who were conferred with the prestigious Senior Advocates ranks by the Legal Practitioners’ Privileges Committee (LPPC) were sworn in. Out of the number, 57 are advocates, while one is an academic.
“As Senior Advocates of Nigeria, you now carry a heavy burden on your shoulders from the moment you leave this courtroom, everything in you and about you will now be freely scrutinized and dissected by everyone that comes in contact with you.
“There is nothing like private life for you henceforth, as whatever you hitherto regarded as private life will now be treated as public life by members of the public; and there is nothing you can do about it.
“So, watch your utterances, watch your actions, and watch the kind of company you keep, because you have already assumed the role of ministers of the court, as you are now expected to assist the court to attain justice, equity, and fairness in all ramifications,” he said.
*’Independence of the judiciary should be given adequate statutory protection’
The CJN called for respect for the rule of law and the holistic independence of the judiciary.
“The Judiciary, as it is today, is more deserving of public trust and confidence than ever before.
“If the faith of the people is to be maintained in the Judiciary, then judges must be above board, and deliver justice without fear or favour.
“I am saying all these now because I will never have this great privilege and opportunity to address the galaxies of legal luminaries, judicial icons, and distinguished personalities in the justice sector of our dear nation in another legal year of the supreme court as Chief Justice of Nigeria again”, he said.
He assured Nigerians that he would do everything possible to ensure that the apex court attains its full complement of 21 justices before he retires next year.
“Currently, there are just 10 justices on the bench of the apex court; the lowest in the history of the apex court,” the CJN submitted.
