The Supreme Court is the highest and at the apex of the hierarchy of courts in Nigeria.
Over time, this court has enjoyed a distinct measure of sanctity and respect. This is partly because it holds the symbol of the judicial profession and also because it serves as the ultimate court of appeal, with no further except God.
In the previous explainer, we discussed the hierarchy of superior courts of record. And in this explainer, we will discuss at length the Supreme Court and its status.
This will include the appointment of Chief Justice of the Supreme Court, appointment of Justices of the court, original jurisdiction, appellate jurisdiction, and ethics and discipline of justices of the supreme court.
The nation’s highest Court has only one complex and is located in Abuja, the seat of power. Its decision is final and constitutes a source of judicial precedent to all courts below it in the country.
While recognizing the Supreme Court’s ultimate authority in appeals, it’s important to understand that the court can, in exceptional and rare situations, overturn its own decisions. 11
Section 230 (1) 1999 Constitution establishes the Supreme Court of Nigeria. It consists of the Chief Justice of Nigeria (CJN) and such number of justices not exceeding 21. The Chief Justice of the federation and other justices of the Supreme Court are all appointed by the President of the Federal Republic of Nigeria on the recommendation of the National Judicial Council (NJC) subject to confirmation by the Senate.
Legal Practitioners appointed must possess a minimum of 15 years of post-call experience.
When the office of the Chief Justice of the federation is vacant or the person in the role can not perform their duties, the president shall appoint the most senior Justice of the Supreme Court to carry out those functions until a replacement Chief Justice is appointed or incapacitation is resolved.
It is further provided that except on the recommendation of the National Judicial Council, an appointment made under the foregoing circumstances shall cease to have effect after the expiration of a period of three (3) months and the president shall not reappoint such a person whose appointment has lapsed.
The Court functions with at least 5 justices to hear and decide appeals, and it requires a panel of 7 Justices to exercise original jurisdiction or review appeals from the Court of Appeals decisions.
In any civil or criminal proceedings, the court can consider questions about to interpreting or applying to the Constitution, or about whether any of the provisions of chapter IV of the Constitution have been or will likely to be contravened.
Thus, the it has both appellate and original jurisdiction, provided that the Supreme Court shall not exercise original jurisdiction with respect to any criminal matter.
The CJN is responsible for assigning cases, He is the Chairman of the National Judicial Council, the Federal Judicial Service Commission, the Board of the National Judicial Institute, and the Body of Benchers, among many other roles. He is also a member of the National Council of States.
It is noticed that the Supreme Court often functions with fewer than 21 justices, placing an excessive workload on the existing Justices.
Jurisdiction of the Supreme Court
The Supreme Court of Nigeria enjoys both Appellate and original jurisdiction in civil litigation.
Original Jurisdiction of the Supreme Court by the enabling provision of Section232(1) of the constitution, the Supreme Court has original jurisdiction exclusively over such matters as
- Dispute between the Federal and State Governments;
- Inter-state disputes involving any question of law or fact
- And any other matter conferred on it by an Act of the National Assembly.
Thus, the Supreme Court (Additional Original Jurisdiction) Act increased the original jurisdiction to include disputes between;
- The National Assembly and the President;
- The National Assembly and a State; and
- The National Assembly and a House of Assembly.
Note that the condition for the exercise of the additional original jurisdiction by the Supreme Court is that the dispute must involve any question of law or fact as to the existence or extent of any legal right.
Thus, the court can only invoke or legitimately exercise its jurisdiction when the litigants submit a proper case for determination based on their legal rights.
The Attorney General of the Federation or a State is conferred exclusively with the right to invoke the original jurisdiction of the apex Court in a dispute between the federation and a state or between states.
Although it is trite law that the Supreme Court has exclusive jurisdiction to hear and determine matters in its original jurisdiction, the Legislature may however, by an Act establish a body and confer it with similar or concurrent powers with that of the Supreme Court in its original jurisdiction.
The law creating the National Boundary Commission for instance confers on the Commission’s powers in matters involving boundary disputes with the Supreme Court serving as the first and final court of adjudication thereto.
(b) Appellate Jurisdiction of the Supreme Court
Like any other appellate court, the appellate jurisdiction of the Supreme Court is statutorily provided for. The Supreme Court’s appellate jurisdiction is exclusive to hearing and determining appeals from the Court of Appeal. In addition, the parliament may by an Act confer additional appellate jurisdiction on the apex Court. The Supreme Court, it was submitted could hear appeal from any court or tribunal other than the Court of Appeal, in so far as a valid existing law confers such additional appellate jurisdiction on it. For example, the Legal Practitioners Act confers additional appellate jurisdiction on the Court to hear appeals directly from the Legal Practitioners Disciplinary Committee.
Appeal as of right and with leave
The Appeal lie to the Supreme Court as of right as well as with leave. Appeal is as of right, Where the ground of appeal involves questions of law alone in any decision (whether criminal or civil proceeding) before the Court of Appeal, on questions as to the interpretation or application of the Constitution, on question bordering on whether any provisions of chapter IV of the Constitution has been, is being or is likely to be contravened in relation to any person, Whether any person has been validly elected to the office of the President or Vice President term or vacant of office under the Constitution,
The appeal lies to the Supreme Court with leave where the ground of appeal does not fall within any of the circumstances enumerated above. Thus, where the grounds of appeal involve mixed law and facts or facts alone, the leave of either the Court of Appeal or Supreme Court is required otherwise it will be incompetent and the Court will lack jurisdiction to hear and determine.
Ethics and discipline of Justices of the Supreme Court
- Just like other justices and judges of superior courts of record, the Chief Justice and other Justices are guided by the Code of Conduct for Judicial Officers issued by the National Judicial Council.
- The NJC is an independent body responsible for regulating the affairs of judicial officers and their discipline at the federal level.
- The code requires that every judicial officer should apply the law as it ought to be, discharge administrative duties, always be cautious of appearances in public spaces, relations with legal practitioners, and family members, and prohibition on acceptance of gifts, loans, etc.
- Any judicial officer found in breach of the code of conduct will be subjected to the disciplinary procedure of the NJC. Also, litigants can petition any judicial officer to the NJC for clear expression of bias in proceedings, corruption, or breach of the law.
Author: Yusuf Yahaya