Dr. Frank Tietie, Executive Director of Citizens Advocacy for Social an Economic Rights (CASER), has voiced concerns about the Supreme Court being overwhelmed with frivolous cases and appeals.
He has, therefore, advocated a crucial change of restricting irrelevant cases from reaching the apex court.
Tietie believes that simply increasing the number of Supreme Court justices from the proposed 21 to 30, as suggested by the Senate, won’t be as effective as reducing the sheer volume of cases that make it to the highest court.
Speaking with Persecondnews on Friday, the Abuja-based lawyer highlighted the illogical nature of the current system, where “every trivial case” from lower courts (like Alkali, Magistrate, or Area Courts) can be appealed all the way to the Supreme Court, merely because a litigant has the financial means to pursue it. For Tietie, this situation points to “a lack of seriousness and a failure to prioritize effective justice delivery” within the judiciary.
He said: “It is illogical that cases originating from Sharia courts in Zamfara State can be appealed all the way to the Supreme Court, traversing multiple levels of courts, and similarly, cases from Area Courts can be appealed to the High Court, then the Court of Appeal, and ultimately the Supreme Court.
“Given the vast number of courts in Nigeria, both superior and inferior, it is unreasonable for the Supreme Court to handle such a broad range of appeals.
“Certain cases, such as those related to fundamental rights enforcement, recovery of premises, rent disputes, and taxation, should be finalised at the High Court level.”
Tietie noted that cases involving policy matters with divergent state interests, such as currency redesign or abortion rights, are apt for the Supreme Court.
He said: “For example, if states disagree on issues like child marriage, with some permitting girls under 18 to marry and others prohibiting it, the Supreme Court can provide a definitive ruling.
“In contrast, cases concerning individual interests, such as land disputes or rent issues, should typically conclude at the Court of Appeal.”
Persecondnews recalls that Nigeria’s Senate is proposing to increase the number of Supreme Court justices from 21 to 30 in a bid to clear the case backlog and enhance efficiency.
Sen. Osita Izunaso (Imo West), the bill’s sponsor, believes that the current number remains insufficient, despite the appointment of 11 justices in 2023.
He said: “Even with the full complement of 21 justices, the Supreme Court is overwhelmed. The volume of cases reaching the court daily is alarming. Some litigants are being given hearing dates as far ahead as 2027 and 2028.
“Supreme Court justices typically sit in panels of five, or seven for constitutional matters. If we have 30 justices, it allows the formation of at least five panels simultaneously. That way, more cases can be handled at a faster pace.”
His proposal extends beyond simply increasing the number of Supreme Court justices as he is also pushing for a significant reform in the types of cases the court hears.
Izunaso advocated an end to what he called “judicial congestion caused by trivial matters.”
Discussing the number of individuals awaiting trial in Nigerian prisons due to a lack of legal representation, Tietie responded to a recent statement by Mr. Aliyu Abubakar, Director-General of the Legal Aid Council of Nigeria (LACON).
Persecondnews reports that Abubakar, during a courtesy visit to Da Gyang Buba, the Gbong Gwom Jos and chairman of the Plateau Traditional Council, on Tuesday in Jos, said that 70% of Nigerians cannot afford legal representation.
The Director-General’s visit aimed to inform the royal father about LACON’s plans to establish a Committee of Legal Aid Service Providers in the state, which seeks to address some of these challenges.
In the light of this, Tietie appealed to lawyers to provide pro bono services.
He said: “LACON’s DG is using those statistics to write to relevant stakeholders, noting that since 70% of Nigerians cannot afford lawyers, it’s crucial they fill the gap. The reality is that the Legal Aid Council has been unable to fill that gap due to very low budgetary allocation.
“Therefore, the solution is for lawyers to promote pro bono services. Many people are awaiting trial today, partly because they have lacked legal representation. Awaiting trial inmates constitute more than 50% of the population in Nigerian correctional centres.
“There is a pressing need for the Nigerian Bar Association to collaborate with the Legal Aid Council to provide free legal services to alleged criminals. Lawyers have a fundamental responsibility to ensure that individuals’ rights are protected and upheld, particularly for those who cannot afford their services.
“Rather than solely focusing on lucrative cases involving land or commercial interests, lawyers should prioritise pro bono work to support vulnerable members of society. Every lawyer has a primary duty to advocate for the rights of those around them, even if it means providing services free of charge.”
Tietie added that the Constitution provides for individuals to defend themselves in the absence of legal representation.
He said: “Section 36 of the Nigerian Constitution guarantees the right to a fair hearing, which includes the right to defend oneself in court or appoint a legal practitioner to do so.
“In Nigerian courts, only two parties have the right of audience: the individual themselves or a legal practitioner they appoint, hence the term ‘attorney’.
“While the default assumption is that individuals can handle their own cases, the reality is that criminal matters are often highly technical, and many people lack the necessary understanding.”
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