Nigerians are the most litigious people on the planet, according to CJN.

CJN Olukayode Ariwoola’s court
According to the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, Nigerians, particularly the political class, are the most litigious people on the planet, putting the judiciary under significant strain.

Justice Ariwoola made the claim on Monday in Abuja during a special session of the Supreme Court to mark the start of the 2022/2023 legal year and the inauguration of 62 newly conferred Senior Advocates of Nigeria (SAN).

According to the CJN, we rush to court in every minor disagreement, and in every lost case, we rush to the Supreme Court, no matter how minor the issue.

“This explains why there are so many appeals pending in the Supreme Court.”

“Though we receive vehement public criticism for our overburdened docket, we are neither in a position to regulate case inflow to the court nor have the supernatural powers to attend to all in one fell swoop.”

“We have repeatedly stated that most appeals should be allowed to end at the Court of Appeal, but such a constitutional provision has yet to be enacted, so we bear no responsibility.”

He suggested amending the constitution to prevent interlocutory appeals from reaching the Supreme Court, and that such appeals should be resolved at the Court of Appeal.

He explained that Nigeria had various alternative dispute resolution mechanisms throughout the country that could be easily leveraged in order to relieve the courts of the constant case-overload.

According to the CJN, the apex court heard a total of 1,764 motions and appeals during the 2021/2022 legal year alone.

He stated that the justices of the court heard 816 civil, 370 criminal, and 16 political cases, totaling 1,202 motions.

He went on to say that the court heard 562 appeals in total, 341 civil, 186 criminal, and 35 political. In total, 154 judgments were issued during the year.

“We have 4,741 pending (backlog) civil appeals and 1,392 pending (backlog) criminal appeals.”

“On the other hand, we have 751 dormant petitions for dismissal.” The total number of pending (backlog) appeals in this court now stands at 6,884.

“Of the 4,741 appeals on the docket, 1,495 have briefs filed and exchanged and are ready for hearing; the remaining 3,246 appeals have approximately 10,000 motions, some contentious and others innocuous in nature.”

“Of the 1,392 pending Criminal Appeals, 461 have had briefs filed and exchanged and are ready for hearing.” To determine their eligibility for hearing, the remaining 931 appeals have approximately 2,000 different motions for hearing.

“However, the identified 751 moribund appeals will be dismissed for non-compliance with the Supreme Court Rules, namely Order 8 Rule 8,” he said.

According to Justice Ariwoola, the court convicted a total of 3,563 people between October 2021 and September 2022.

“Available facts on judicial activities in various jurisdictions around the world continue to emphatically confirm that Nigeria’s Supreme Court remains the busiest and hardestworking Supreme Court in the world.”

“It is on record that we work every week from Monday to Friday.” On a daily basis, we hold sittings. We only meet in the Chamber on Wednesdays to discuss non-contentious issues. We deliver judgments and rulings on Fridays.

“If no one praises us, we have the inalienable right and obligation to praise and eulogize ourselves,” the CJN stated.

The CJN reiterated that, contrary to popular belief, the Nigerian judiciary, particularly the Supreme Court, has worked hard to maintain independence and resist external influence.

“To a large extent, the Nigerian judiciary is independent in conducting its affairs and making decisions on matters before it without any outside influence.”

“Without equivocation, we at the Supreme Court are completely independent in the way and manner in which we conduct our affairs, particularly in our judgments.”

“We don’t cater to anyone’s whims and caprices.” If there is anyone to be feared, I can say with certainty that it is only the Almighty God. We will never be subservient to anyone, regardless of his social standing or influence.”

He expressed concern, however, that the Nigerian judiciary could not be said to be completely independent in terms of funding.

“However, I will make it clear to anyone who will listen that the Nigerian judiciary has yet to be free or truly independent in terms of finances.”

“The Judiciary’s annual budget remains far short of what it should be.” When compared to current market realities, the figure either remains static for an extended period of time or declines gradually.

“Prices of goods and services are not falling or becoming more buyer-friendly, while our purchasing power is abysmally low and weak enough to transmit on the same wavelength as market forces.”

Mr. Abubakar Malami, (SAN), Attorney-General of the Federation and Minister of Justice, expressed optimism that the recent approval for an increase in judges’ salaries and allowances would boost their morale.

“I’d like to state unequivocally that, in keeping with its commitment to promoting the rule of law, this administration has made funding the judiciary a top priority since its inception.”

“As a result, we have ensured a progressive budgetary allocation to the judiciary, which has increased from N73 billion in 2015 to over N130 billion in 2022, with a further N150 billion proposed for 2023.”

“In addition to the foregoing, we have provided special intervention when necessary, particularly in meeting the enormous cost of running election tribunals,” Malami explained.

He stated that the judiciary must work together to achieve the desired levels of good governance and development.

“Because law and development are inextricably linked, positive changes in the judiciary will inevitably serve as precipitating factors for much-needed developments in our national polity.”

“We continue to seek the judiciary’s support and cooperation in this regard,” he said.
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Speaking at the event, Mr Wole Olanipekun (SAN), Chairman of the Body of Benchers, echoed what the CJN said, adding that it would be a relief if some political cases did not end up in court.

The event was attended by dignitaries such as the governors of Kogi, Ondo, Gombe, and Plateau, as well as some ministers.