NBA Demands Appointment of More Supreme Court Justices

The Nigerian Bar Association (NBA) has demanded the appointment of more justices to fill the vacancies on the Supreme Court bench.

It said this would help to achieve the full complement of 21 justices of the apex court, as prescribed by Section 230(1)(B) of the Constitution.

The association demanded a reduction in the number of matters that got to the Supreme Court by limiting the court’s jurisdiction to certain constitutional matters.

A statement yesterday in Abuja said NBA President, Yakubu Maikyau (SAN), tabled his association’s demand at the valedictory court session in honour of Justice Amina Augie (retd.) at the Supreme Court complex in Abuja.

The Nation had reported that at the commencement of the presidential election petition proceedings in March that the Supreme Court comprised 13 justices.

But following the retirement of Justice Augie on September 3 and the death of Justice Chima Nweze, two months earlier, the apex court’s Bench had all-time low 11 justices out of a possible constitutional ceiling of 21, sparking fears of a potential judicial crisis unless its vacancies are speedily filled.

The NBA addressed the crisis in a statement issued by its National Publicity Secretary Habeeb Akorede Lawal.

It reads: “The NBA has demanded the immediate appointment of additional Justices to achieve the full complement of 21 Justices of the Supreme Court, as prescribed by Section 230(1)(B) of the Constitution of the Federal Republic of Nigeria.

“The NBA President expressed concern that the exit of Justice Augie from the Bench of the Supreme Court ‘has further reduced the number of Justices of this court, with the attendant increase in the workload of the already overworked/overburdened and, unfortunately, poorly remunerated justices.

“The NBA President noted that it has become imperative that the Nigerian Constitution be amended to increase the threshold for the number of justices to be appointed to the Supreme Court and to reduce the number of matters that get to the Supreme Court by limiting the jurisdiction of the Supreme Court to certain constitutional matters.”

The association also affirmed its support for the National Judicial Council’s push for a 300 per cent pay rise for judicial officers.

It said: “Giving an update on NBA’s engagement with the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) and the National Judicial Council (NJC) over the remuneration of judicial officers, the NBA President stated that President Bola Tinubu had directed a presidential working group to harmonise the recommendations from RMAFC, the NBA, and the NJC, with the view to include the outcome in the 2024 budget appropriation.”

The NBA also proposed a new set of allowances “in recognition of the peculiar demands of judicial office holders”.

The allowances include Lifestyle, Dual Responsibility, Frequent Transfer and Long Service.

Maikyau said the NBA had recommended the delinking of judicial remuneration from that of the civil service to strengthen the perception of judicial independence and to provide the necessary safeguard and reassurance to judicial officers.

The Nation reports that the Federal Government has said it is ready to increase the number of Supreme Court Justices, as required by the Constitution.

Attorney General of the Federation (AGF) and Justice Minister Lateef Fagbemi (SAN) said the Federal Government was aware of the sacrifices judicial officers were making to ensure a peaceful society, despite their challenging work conditions.

The AGF, who spoke at the same event, assured Nigerians that the President Tinubu-led administration would improve the condition of service and the remuneration of judicial officers in appreciation of their onerous responsibilities.

In the statement, Maikyau commiserated with the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, over Monday’s fire at the Supreme Court complex.

“According to the NBA President, the incident, which reportedly affected the chambers of some Justices, “called into question the integrity and safety of courts’ infrastructures in Nigeria.

“The NBA has therefore called for an investigation into the incident to forestall future recurrence,” the statement said.