Nigeria Supreme Court: Bench Shrinks By 2 Justices After Retirements

• The National Judicial Council (NJC) acknowledged notices of six judicial retirements and nine deaths across Nigerian courts.
• Two Supreme Court justices, Ibrahim Saulawa and Uwani Musa Abba Aji, have retired or are set to retire by November 7.
• These departures will leave the Nigeria Supreme Court bench two justices short of its constitutionally mandated full complement of 21.
• The Supreme Court had only reached its full strength in February 2024, after operating below capacity for decades.
• The notices also included four other judicial retirements and the deaths of nine judges from various federal and state courts.

The Supreme Court, which had only recently achieved its full constitutional complement of 21 justices in February 2024 after decades of operating with reduced capacity, now faces a renewed challenge to its judicial strength.

The National Judicial Council (NJC) recently acknowledged notices concerning 14 judges, comprising six retirements and nine deaths across various federal and state courts. These significant changes were formally recognized during the NJC's 112th meeting, held on November 3, with the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, presiding over the proceedings.

Among the most notable departures are two justices from the Supreme Court, impacting the Nigeria Supreme Court bench. Justice Ibrahim Saulawa, who joined the apex court in November 2020, concluded his service on September 29, joining the ranks of 103 former justices of the nation's highest court. Following closely, Justice Uwani Musa Abba Aji, elevated to the Supreme Court in January 2019, is scheduled to retire on November 7. These retirements mean that by November 7, the Supreme Court will operate with two fewer justices than its full constitutional complement of 21, a number it had only briefly attained earlier this year.

Beyond the Supreme Court, the NJC's acknowledged notices detail a broader impact on the Nigerian judiciary capacity. Four other judicial retirements were noted at the November 3 meeting. Justice O. F. Omoleye of the Court of Appeal retired on October 6, while Justice Ogechi Okehielem of the Abia State High Court voluntarily retired on September 15. Additionally, Justice Theresa Isidore Obot of the Akwa Ibom State High Court is set for voluntary retirement on December 30, and Justice Munir Muhammad Ladan of the Kaduna State High Court will voluntarily retire on December 31.

The council also received somber notifications regarding the deaths of nine judges, which occurred between May 1 and September 26. These deceased judicial officers include Mohammed Nasir Yunusa of the Federal High Court, Kano Division; Sambo Sammy Daka of the Kaduna State High Court; Josephine Efunkumbi Oyefeso of the Lagos State High Court; Musa Mohammed Dallah of the Nasarawa State High Court; Bello Muhammed Shinkafi of the Zamfara State High Court; Edem Nyong Okokon of the Cross River State High Court; Aliyu Mani Yauri, a kadi of the Kebbi State Sharia Court of Appeal; Dorothy Sim Inwulale of the Kaduna State Customary Court of Appeal; and Legor Torbira Senewo of the Rivers State Customary Court of Appeal. The NJC conveyed its profound appreciation for the dedicated service of the retiring judges and extended heartfelt condolences to the families of those who passed away, as well as to the broader Nigerian legal community.

The Nigerian constitution explicitly provides for a full complement of 21 justices for the Supreme Court. However, achieving and maintaining this full strength has historically been a significant challenge for the Nigerian judiciary. For decades, the apex court rarely operated at its full capacity, a situation attributed to various factors including judicial retirements, both mandatory and voluntary, the unfortunate deaths of serving justices, a complex and often protracted appointment process, and a perceived lack of commitment from the executive arm of government.

This long-standing issue led to the Supreme Court's bench shrinking to an all-time low of just 10 serving justices in 2023. A significant milestone was reached on February 26, 2024, when the court finally achieved its full complement of 21 justices for the first time in its history, following the elevation of 11 new justices in a single exercise. The current wave of Nigerian judicial retirements, particularly those of Justice Ibrahim Saulawa and Justice Uwani Musa Abba Aji, means this period of full strength was remarkably brief, and the Supreme Court vacancies Nigeria now faces represent a renewed challenge to its operational capacity.

The Supreme Court, which had only recently achieved its full constitutional complement of 21 justices in February 2024 after decades of operating with reduced capacity, now faces a renewed challenge to its judicial strength. The immediate impact of these Supreme Court vacancies is a reduction in the number of available justices to hear and adjudicate cases, potentially exacerbating existing case backlogs and prolonging the resolution of critical appeals. This situation could significantly affect litigation timelines and strategic planning for matters awaiting judgment before the apex court.

The ongoing changes within the judiciary, including the numerous retirements and deaths across various courts, underscore the continuous need for robust succession planning and efficient appointment processes to maintain the functional integrity and capacity of the Nigerian judiciary. The National Judicial Council Nigeria plays a crucial role in managing these transitions, but the sheer volume of recent departures highlights a persistent strain on the nation's judicial resources.

The shrinking Supreme Court bench due to retirements and deaths may exacerbate case backlogs and delay the resolution of appeals, potentially impacting litigation timelines and strategic planning for matters before the apex court. Lawyers should monitor the appointment process for new justices and advise clients on potential delays in judicial proceedings.

Source: Original reporting via Premium Times