Supreme Court Raises Alarms over Quality of Appeal Court Justices

In the aftermath of the Supreme Court’s recent rebuke of the Court of Appeal’s judgments, concerns are mounting among judicial stakeholders regarding the trajectory of the apex court. Notably, the Supreme Court overturned the Court of Appeal’s decision to remove Governor Caleb Muftwang of Plateau State, sharply criticizing the lower court’s interpretation of the law in political cases.

Justices Helen Ogunwumiju and Adamu Jauro, in their critique, emphasized the Court of Appeal’s erroneous burden-shifting in the Muftwang case, highlighting a departure from established precedent. Justices Emma Agim and Inyang Okoro further criticized the Court of Appeal’s decision, expressing worries about the consequences for National and House of Assembly members affected by similar flawed judgments.

Adding to the concerns is the imminent elevation of 11 justices from the Court of Appeal to the Supreme Court. Despite being cleared by the Senate in December 2023, these justices are yet to be sworn in by President Bola Tinubu. Once inducted, they will tip the balance, making the justices from the Court of Appeal the majority in the apex court.

Among the elevated justices is Justice Moore Adumein, whose conflicting lead judgment in the Kano State governorship case was overturned by the Supreme Court. This development raises questions about the future leadership of the apex court, as Adumein is expected to lead the Supreme Court at some point.

Notably, concerns have been voiced about the appointment process in the Supreme Court. Former NBA president Olisa Agbakoba SAN accused a perceived cabal of hindering senior lawyers from ascending to the bench. Despite calls for urgent swearing-in of the promoted justices, President Tinubu is yet to green-light the process.

As the apex court grapples with these challenges, the resolution of the Nasarawa gubernatorial dispute this week and the impending retirement of Chief Justice Kayode Ariwoola in August 2024 add further complexity to the evolving judicial landscape.