Nigerian Supreme Court Handles Largest Global Appeals Caseload Despite Having Few Justices — Okutepa SAN

*Calls for Expansion of Supreme Court Bench

Renowned Senior Advocate of Nigeria (SAN), Jibrin Okutepa, has decried the continuously diminishing number of Supreme Court justices, emphasizing that urgent action is required by the relevant authorities to address this challenge.

In an interview on Arise Television, Okutepa noted that the heavy workload on the few remaining Supreme Court justices is unsustainable. He observed that the court has consistently witnessed a decline in the number of justices due to retirements at age 70 and the deaths of serving justices.

He underscored that the Nigerian Constitution, as outlined in Section 230, clearly stipulates that the Supreme Court should comprise the Chief Justice of Nigeria and a specific number of justices, not exceeding 21, as determined by the National Assembly.

Okutepa pointed out that the Nigerian Supreme Court currently handles the highest volume of appeals globally, which even encompasses cases that are deemed trivial and should not typically reach the apex court.

He further highlighted the contrast between the Nigerian Supreme Court and jurisdictions worldwide, citing the wide range of appeals the court entertains, including seemingly inconsequential matters like disputes over the proper slaughtering of a goat. He also drew attention to the recent passing of Justice Sylvester Ngwuta, who left a void in the court’s judicial capacity at the age of 64.

Okutepa expressed profound concerns about the senior age of justices serving on the Supreme Court bench, managing the substantial influx of appeals originating from various courts of appeal throughout Nigeria. This includes cases spanning from magistrate courts and high courts to the court of appeals, all potentially reaching the Supreme Court.

The senior advocate drew attention to the inherent issue of prolonged delays in the justice system, noting that cases filed today might only secure a hearing date in 2030, indicating a severe backlog. He lamented that political cases seem to be the only category receiving expedited treatment in the Supreme Court.

Okutepa disclosed that the burden imposed by this colossal caseload, coupled with the limited number of justices, has led to a disheartening situation where most cases take well over a decade to conclude at the Supreme Court. In stark contrast, political cases are expedited, resulting in a glaring disparity in the justice system.

In light of these challenges, Okutepa called for swift measures to expand the Supreme Court bench to its constitutional maximum of 21 justices. Additionally, he recommended legislative amendments aimed at restricting the types of cases eligible for review at the apex court.

The SAN argued that addressing the diminishing number of Supreme Court justices and the resulting caseload burden is imperative for enhancing the efficiency of justice delivery. He noted that, presently, citizens have lost confidence in the timely dispensation of justice due to the overworked judges.

Implementing these reforms to alleviate the Supreme Court’s burden will necessitate political will and the collaborative efforts of relevant stakeholders, given the complex constitutional considerations involved. Nonetheless, Okutepa stressed that urgent action is essential to rectify the situation, as he highlighted the importance of restoring public trust in the Nigerian justice system.”