A Senior Advocate of Nigeria, Dr Kemi Pinheiro, and the Chief Judge of Lagos State, Justice Kazeem Alogba, have said it’s unsustainable for all cases to get to the Supreme Court.
They spoke at a public presentation of a book co-authored by the Lagos State Attorney General and Commissioner for Justice, Mr Lawal Pedro (SAN), in Ikeja on Wednesday.
The News Agency of Nigeria reported that Pedro co-authored the book with Mr Abdulrasheed Ibrahim. The book is titled, ‘The Supreme Court of Nigeria: History, Establishment, Jurists and Speeches’.
Pinheiro, who gave a lecture on ‘The Supreme Court: Yesterday, Today and Tomorrow’, called for the creation of Supreme Courts in states to reflect true federalism, noting that each state in the United States had its Supreme Court.
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Pinheiro stated, “It is about time states start having supreme courts if we are really serious about federalism. There is no reason the states cannot have their supreme courts. There are certain cases that should not end up in the Supreme Court of Nigeria.
“For instance, why would matrimonial matters, customary law cases end up in the Supreme Court? Why would you, for instance, tell a Supreme Court judge who is from Zamfara State to take a decision in relation to customary law that has to do with Ebonyi State law. It does not make sense.”
He also suggested that in order to reduce the burden on the Supreme Court, the jurisdiction of the court should be limited to only appeals arising from matters within the jurisdiction of federal courts, such as the Federal High Court and the National Industrial Court.
He advocated better service conditions, better healthcare services and increased remuneration for judicial officers, adding that there should be an amendment of the 1999 Constitution (as amended) to allow for the termination of certain appeals at the Court of Appeal.
He noted, “What business should the Supreme Court have with divorce cases and tenancy matters? Just as matters from the National Industrial Court ends at the Court of Appeal, the same should be applicable to a number of civil matters.
“There should be enhancement of independence of the judiciary.”
Also, the Chief Judge of Lagos State said he agreed that certain matters, especially interlocutory applications, should not get to the Supreme Court.
He said the book would give a deeper insight into how the Supreme Court worked, adding that the book would help Nigeria to reform the Supreme Court in terms of jurisdiction.
He stated, “I listened to learned silk, Pinheiro, when he said certain matters should not go to the Supreme Court. I totally support that, particularly interlocutory application, which is the bane of our judicial system.
“Once interlocutory matters or simple matters are allowed to go up to the Supreme Court, it is a tactic which some ingenious lawyers use as a tool to delay proceedings when they foresee that their cases will not succeed.
“The publication of this book is an effort that deserves much commendation.”
The Lagos State Governor, Babajide Sanwo-Olu, said the state was proud of the attorney general for his input in the book.
Sanwo-Olu, represented by the Secretary to the State Government, Mrs Abimbola Salu-Hundeyin, said, “As we delve into the pages of this book and reflect upon the journey of the Supreme Court, we are not merely revisiting history but also embracing the present and contemplating the future.
“We stand at a juncture where the past achievements of our judiciary serves as a guide, illuminating the path forward towards a more equitable and inclusive legal system, by extension, our society. I am certain that the enriching legal contents of this book will be very valuable to lawyers and non-lawyers.”
The immediate past Chairman of the Body of Benchers, Chief Wole Olanipekun (SAN), who chaired the event, said from all ramifications, the Supreme Court should be the merging point or conference of the best in the legal profession.
“We are here today making history; whatever we do or write today will outlive us as we are writing history, and this profession belongs to all of us,” he stated.
Pedro stated that the book provided an insight into the establishment and composition of the Supreme Court, adding, “With rigorous efforts and research embarked upon by myself and my learned friend, Abdulrasheed, we were able to bring together 48 valedictory speeches of our retired justices of the Supreme Court of Nigeria. This includes those who are dead and alive.
“The valedictory speeches give room to learn a lot from the experiences of the retired justices of the apex court.”
