Chief Wole Olanipekun, CFR, SAN, LL.D, D.Litt, FCIArb, FNIALS, delivered a compelling address on behalf of the Body of Senior Advocates of Nigeria (BOSAN) during a special session of the Supreme Court of Nigeria to mark the commencement of the 2025/2026 legal year and the swearing-in of 57 new Senior Advocates of Nigeria (SANs). The event, held at the Supreme Court in Abuja, highlighted critical issues facing the Nigerian judiciary, including conflicting appellate court decisions, judicial reforms, and the growing judicialization of electoral processes.
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Chief Olanipekun began by commending the Chief Justice of Nigeria (CJN), Honourable Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, for her leadership since assuming office on August 23, 2024. He praised her efforts in decongesting the Supreme Court’s docket and implementing judicial reforms, particularly the issuance of a Public Notice on February 4, 2025, addressing concerns over the retroactive application of the Supreme Court Rules, 2024. This intervention, he noted, mitigated potentially detrimental impacts on pending appeals.
Reflecting on the significance of the occasion, Olanipekun described the celebration of a new legal year as a centuries-old tradition dating back to medieval times when judges in Westminster Hall would rededicate themselves to justice. He highlighted the Supreme Court’s practice of intertwining the swearing-in of new SANs with the legal year’s commencement, a tradition that elevates the ceremony into a call for excellence in advocacy, diligence, and courage among legal practitioners.
Olanipekun emphasized the judiciary’s critical role under Section 6 of the 1999 Constitution, which vests courts with the authority to adjudicate disputes between governments and citizens, and among citizens themselves. He urged judges to uphold their Judicial Oath, ensuring impartiality and adherence to the principle of equal justice, as encapsulated in the Magna Carta’s maxim: “To no one will we sell, to no one will we deny or delay right or justice.”
A central theme of the address was the persistent issue of conflicting appellate court decisions, which Olanipekun described as a source of concern for legal practitioners, lower courts, and the public. Citing past BOSAN interventions, he referenced cases like Okafor v. Nweke and FBN v. Maiwada, where the Supreme Court clarified that originating processes signed in a law firm’s name were invalid, only for subsequent decisions like Olowe v. Aluko (May 23, 2025) and Menekaya v. Ezim to create confusion by adopting conflicting approaches.
He called for the CJN to convene a team of Supreme Court and Court of Appeal justices, alongside leading Bar members, to harmonize these conflicting rulings. BOSAN has established a committee, led by Dr. Alex Izinyon, SAN, to update its findings on this issue. Olanipekun also suggested inviting amici curiae in cases requiring clarification of the law, citing precedents like FBN v. Maiwada and Centre for Oil Pollution Watch v. NNPC.
Addressing the Supreme Court’s finality, Olanipekun argued that the court should not shy away from reviewing its decisions when errors are evident, citing cases like Jev v. Iyortom and G.T.B. Plc v. Innoson (Nig.) Ltd. He referenced international examples, such as the UK Supreme Court’s ruling in R (on the application of DN (Rwanda)) and the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, where apex courts overturned prior rulings to correct injustices. Quoting the late Justice Kayode Eso, he urged the court to embrace its power to overrule itself when necessary, emphasizing that “it is far better to admit an error than to persevere in error.”
Olanipekun expressed concern over the judiciary’s increasing involvement in electoral disputes, which he termed the “judicialization of the ballot.” He argued that courts should not be burdened with sanctioning election outcomes, as this places undue pressure on the judiciary and subjects it to public criticism. He cited examples of political leaders like Joe Biden, Rishi Sunak, and Nigeria’s former President Goodluck Jonathan, who conceded electoral defeats gracefully, urging Nigerian politicians to emulate such sportsmanship to reduce court congestion.
BOSAN advocated for a more inclusive approach to appointing appellate court justices, drawing from the Bar, academia, and the Bench. Olanipekun referenced historical appointments like Prof. Taslim Olawale Elias and Chief F.R.A. Williams, SAN, and international practices in countries like the USA and Singapore. He urged the CJN to implement recommendations from the 2011 Judicial Reform Stakeholders’ Committee, which called for diverse appointments to enrich the judiciary.
Addressing the newly sworn-in SANs, Olanipekun emphasized the responsibilities accompanying their prestigious rank. He cautioned against arrogance, sharing an anecdote of a new SAN demanding preferential treatment at a fuel station, only to be met with confusion. He urged the new SANs to uphold dignity, mentor junior counsel, and avoid denigrating judges or colleagues. “Your sword must complement the judiciary’s shield,” he said, encouraging them to lead by example and revive the culture of pupillage.
Olanipekun reaffirmed BOSAN’s unity, noting its single national body headquartered at the Nigerian Law School, Lagos Campus. He commended the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, for his support in maintaining BOSAN’s integrity. He also reiterated BOSAN’s cordial relationship with the Nigerian Bar Association (NBA) under President Mazi Afam Osigwe, SAN, pledging continued cooperation.
Olanipekun praised President Bola Ahmed Tinubu’s administration for implementing improved judicial emoluments, a process initiated under President Muhammadu Buhari following advocacy by the Body of Benchers. He recounted a 2022 meeting where the CJN revealed that Supreme Court justices earned less than N800,000 monthly, prompting action. He called for ongoing improvements to align judicial pay with economic realities.
Chief's Legal Year Opening AddressIn closing, Olanipekun felicitated the Supreme Court on the new legal year and the induction of 57 new SANs. He prayed for divine strength and wisdom for the justices to navigate challenges and uphold justice. “May the Almighty God endow you with sufficient strength, courage, patience, and wisdom to navigate your way to the terminal of justice,” he concluded.
Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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