The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, swore in 62 new Senior Advocates of Nigeria (SANs) and charged them to take on their new status with all sense of responsibility as it requires high standards of merit.
Some of the new senior lawyers included Messrs Mustapha Ibrahim, Ikani Kanu-Agabi and counsel for the Economic and Financial Crimes Commission (EFCC), Sylvanus Tahir and Rotimi Oyedepo.
They were sworn in at the special session of the Supreme Court held yesterday in Abuja to mark the beginning of the 2022/2023 legal year.
Speaking at the event, the CJN said the rank of SAN comes with immense prestige, dignity and greater responsibilities as well.
“Traditionally, those conferred with the rank automatically become members of the Inner Bar and revered apostles of the temple of justice. It is an honour no conferee can afford to toy with.
“The Legal Practitioners’ Privileges Committee took time to screen and assess all the relevant documents submitted by the applicants before arriving at its decision. I can confidently affirm that the committee has done an excellent job,” he said.
Thereafter, the CJN revealed that Nigerians, especially the political class, are the most litigious people in the world.
Ariwoola remarked that Nigerians rush to the courts over flimsy disagreements and in every lost case they rush to appeal even up to the Supreme Court, no matter how little the issue might be.
“That has obviously accounted for the several appeals pending in Supreme Court.
“Though we receive scathing criticisms from members of the public over our over-blotted docket, we are neither in any position to regulate case inflow to the court nor have the supernatural powers to attend to all in one-fell-swoop.
“We have said it repeatedly that ordinarily, most appeals should be allowed to end at the Court of Appeal, but such constitutional provision is yet to be enacted so we have no blame in it,” he said.
He said it had become expedient for an amendment of the constitution to stop interlocutory appeals from coming to the Supreme Court and for such appeals should end at the Court of Appeal.
He said Nigeria has various alternative dispute resolution mechanisms across the country that could conveniently be leveraged on, with a view to freeing the courts of case fatigue.
The CJN said disclosed that in the 2021/2022 legal year alone, the apex court entertained a total of 1,764 cases, comprising motions and appeals.
Out of the figure, he said the justices of the court heard 816 civil, 370 criminal and 16 political matters, making a total of 1,202 motions.
He further said the court considered a total number of 562 appeals, consisting of 341 civil, 186 criminal, and 35 political.
He added that a total number of 154 judgments were delivered during the period in review.
“Our pending (backlog) civil appeals are 4,741 while the number of pending (backlog) criminal appeals is 1,392.
“On the other hand, we have 751 moribund appeals for disposal. That brings the total number of pending (backlog) appeals in this court to 6,884.
“Out of the 4,741 appeals in the court’s docket, 1,495 have briefs filed and exchanged and are ready for hearing; whereas, the remaining 3,246 appeals are having about 10,000 motions, with some contentious and others innocuous in nature.
“As for the pending 1,392 criminal appeals, 461 already had briefs filed and exchanged and are ready for hearing. The remaining 931 appeals have about 2,000 different motions for hearing to determine their eligibility for hearing.
“However, the identified 751 moribund appeals are to be disposed of for non-compliance with the Supreme Court Rules, i.e. Order 8 Rule 8,” he said.
The CJN also said the court had between October 2021 and September 2022, made a total of 3, 563 convictions.
“Available facts on judicial activities in various jurisdictions across the globe still emphatically confirmed that the Supreme Court of Nigeria remains the busiest and most hardworking Supreme Court in the world.
“It is on record that we work from Monday to Friday every week. We conduct sittings on daily basis. It is only on Wednesdays that we do Chamber sitting to consider non-contentious matters. On Fridays, we deliver judgments and rulings.
“We are humans and equally have blood running through our veins; if no one praises us, we have the inalienable right and obligation to praise and eulogise ourselves,” he added.
On the independence of the judiciary, Ariwoola said the Nigerian judiciary, particularly the Supreme Court, has strived to remain independent and withstand external influence.
“The Nigerian Judiciary, to a very large extent, is independent in conducting its affairs and taking decisions on matters before it without any extraneous influence.
“At the Supreme Court, without mincing words, we are completely independent in the way and manner we conduct our affairs, especially in our judgments.
“We don’t pander to the whims and caprices of anybody. If there is anybody to be feared, I must say with full confidence, that it is only the Almighty God. We will never be subservient to anyone, no matter his position or influence in the society.’”
However, concerning financing, the CJN said the Nigerian judiciary could not be said to be completely independent.
“Nevertheless, I will make it clear to whoever that cares to listen that when the Nigerian judiciary is assessed from the financial aspect, we are yet to be free or truly independent.
“The annual budget of the Judiciary is still a far cry from what it ought to be. The figure is either stagnated for a long period of time or it goes on a progressive decline when placed side-by-side with the current realities in the market.
“Prices of goods and services are not getting less or friendly to buyers; while at the same time, our purchasing power is abysmally low and weak enough to transmit on the same wavelength with the market forces,” he said.
Also speaking, the attorney general of the federation and minister of justice minister of justice, Mr. Abubakar Malami, said he was optimistic that the recent approval for the increase in the salaries and allowances of judges would boost their moral.
“I like to place on record that since inception, this administration, in line with its commitment to promoting the rule of law, has accorded top priority to the funding of the judiciary.
“As a result, we have ensured a progressive budgetary allocation to the judiciary which has seen an increase from N73 billion in 2015 to over N130 billion in 2022 and a further increase of N150 billion has been proposed for 2023.
“In addition to the foregoing, we have provided special intervention when the need arises, particularly, in meeting the huge cost of running election tribunals,” he said.
He added that the collective effort of the judiciary is needed to attain desired levels of good governance and development.
“Since law and development are interwoven, then positive changes in the judiciary will by necessary implication serve as precipitating factors for the much-needed developments in our national polity.
“We continue to solicit the support and cooperation of the judiciary in this regard”, he said.
