Prominent legal practitioner Jibrin Samuel Okutepa, SAN, has voiced strong opposition to the idea of decentralizing Nigeria’s Supreme Court, citing risks of conflicting decisions and the potential harm to the country’s jurisprudence.
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In a series of tweets, Okutepa explained that the challenges facing the Supreme Court are not structural but procedural, arguing that decentralization would only exacerbate existing issues.
“The United States of America, with more states and a larger population than Nigeria, operates with one Supreme Court. We do not need a decentralized Supreme Court,” he stated.
Okutepa pointed out that Nigeria’s Supreme Court, under current constitutional arrangements, consists of 21 justices, whereas the U.S. Supreme Court has operated with nine justices since 1869. He suggested that Nigeria could adopt a model that limits the type of cases reaching the apex court.
“The Supreme Court of Nigeria is overwhelmed by unreasonable and unnecessary appeals filed by lawyers, sometimes to delay justice. This is the sad reality,” he remarked.
Rather than decentralizing the Supreme Court, Okutepa proposed the establishment of Regional Supreme Courts to handle most appeals. According to his plan, only cases of fundamental constitutional significance or those involving unresolved legal principles would proceed to the national Supreme Court.
“Let appeals terminate at the Regional Supreme Courts, with the Supreme Court of Nigeria handling only cases of fundamental constitutional importance, significant policy issues, or recondite legal points,” he suggested.
Okutepa criticized the overburdening of justices due to the high volume of appeals, including cases on matrimonial causes, chieftaincy matters, and pre-electoral disputes. He also raised concerns about the tribal and regional considerations in appointing Supreme Court justices, arguing that justice should be based on merit and fairness rather than geography.
“Justices of the Supreme Court are not trained to deliver justice based on ethnicity or regionalism. They swear an oath to do justice to all manner of persons without fear or favor,” he emphasized.
To address the challenges, Okutepa advocated for stricter criteria for granting appeals to the Supreme Court, as well as measures to reduce the docket’s burden.
“The Supreme Court must critically evaluate motions for leave to appeal and refuse applications that do not raise significant legal questions. This is one area where reforms are urgently needed,” he concluded.
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