Proposed Establishment of Supreme Court Divisions Dangerous to Justice System – Ndayako, SAN

By Awwal Umar Kontagora Minna-based Senior Advocate of Nigeria (SAN), Mohammed Kudu Ndayako, has criticized the proposed establi...

By Awwal Umar Kontagora

Minna-based Senior Advocate of Nigeria (SAN), Mohammed Kudu Ndayako, has criticized the proposed establishment of multiple divisions of the Supreme Court across Nigeria, describing it as detrimental to the administration of the country's justice system.

Speaking to journalists in his Minna office on Thursday, Ndayako argued that Nigeria's justice system does not currently require the creation of divisions of the Apex Court. He emphasized that existing divisions of the Court of Appeal are already plagued by issues of conflicting and contradictory judgments, which negatively impact justice delivery.

“That will be dangerous to our administration of justice. Right now, we have several divisions of the Court of Appeal, and many of them lack the necessary facilities, resulting in conflicting and contradictory decisions on the same subject matter,” Ndayako stated.

He questioned the practicality of determining which Court of Appeal decision to follow when inconsistencies arise.

Ndayako also criticized the proposal by the House of Representatives to establish Supreme Court divisions nationwide. He argued that instead of expanding the Apex Court, lawmakers should focus on limiting the types of cases that reach it.

“They should be concerned about restricting certain cases from going to the Supreme Court. Some matters, once decided at the Court of Appeal, should end there. There is no need for every case to reach the Supreme Court, particularly civil and contractual disputes,” he said.

The Senior Advocate explained that the Supreme Court’s role should be limited to affirming decisions made at the appellate level where necessary, especially in cases with clear and consistent rulings. He noted that the establishment of multiple Supreme Court divisions could exacerbate existing challenges, such as divergent opinions on the same subject matter arising from the appellate courts.

“With the current structure of the Court of Appeal, where divergent opinions arise on the same subject matter, creating divisions of the Supreme Court is unnecessary. Instead, maintaining the mandatory number of Justices at the Supreme Court would enable them to handle the volume of cases effectively,” Ndayako said.

He maintained that Nigeria does not need multiple Supreme Courts, adding that having a single Apex Court ensures consistency and uniformity in the interpretation and application of the law. 

“Once a matter is decided at the Court of Appeal, and the Justices of the appellate court have given their opinions, there is no need for it to proceed to the Supreme Court in many cases. We should focus on strengthening the current structure rather than balkanizing the Supreme Court,” he concluded.

Ndayako's remarks highlight growing concerns among legal practitioners about the potential implications of expanding the Supreme Court, with many advocating for a more streamlined and efficient judicial system.