Federal Government introduces legislation to alleviate Supreme Court Burden, shift focus to Court of Appeal

The Federal Government has proposed legislation aimed at streamlining the judicial process, with a primary focus on resolving the majority of cases at the Court of Appeal to ease the burden on the Supreme Court.

During a press conference in Abuja on Thursday, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, outlined the objectives of the proposed legislation. Mr Fagbemi, a Senior Advocate of Nigeria (SAN), highlighted key challenges facing the judiciary, including judicial appointments, funding, and prolonged case determinations.

He stressed the significance of the legislation in addressing these issues and announced its pivotal role in the upcoming National Summit on Justice, scheduled for 24th and 25th April.

“The National Summit on Justice offers a unique opportunity to collectively address the pressing issues hindering the efficient, fair, and people-centred delivery of justice in our nation,” Mr Fagbemi remarked.

He further detailed the summit’s agenda, which includes reviewing and adopting the National Policy on Justice from 2024 to 2028, focusing on prison reforms, enhancing access to justice, and electoral law reviews.

Mr Fagbemi underlined the importance of these legislative reforms in establishing a more efficient and equitable justice system, ultimately serving the interests of the Nigerian people.

He said the summit will feature a keynote address by Willy Mutunga, who was a former Chief Justice of Kenya, known for his dedication to democratic principles and human rights.

He emphasised the importance of these legislative reforms in establishing a more efficient and equitable justice system, ultimately serving the interests of the Nigerian people.

“Notably, the summit will feature a keynote address by Dr. Willy Mutunga, EGH, a renowned legal scholar, jurist, and former Chief Justice of Kenya, celebrated for his commitment to democratic principles and human rights, and for the transformative judicial reform that took place in Kenya under his watch,” he added.

Background

The Chief Justice of Nigeria (CJN), Olukayode Ariwoola, had advocated for a constitutional amendment to reduce the number of cases reaching the Supreme Court.

During a special session of the Supreme Court in Abuja marking the commencement of the 2023/2024 legal year, Mr Ariwoola highlighted the excessive workload burdening the Supreme Court, with many civil and criminal cases lingering for years.

He emphasised the need for legislative amendments to ensure that most appeals are adjudicated at the Court of Appeal, citing its competence in handling all cases.

“Our laws must be amended to route most appeals to the Court of Appeal,” Mr Ariwoola stressed, adding that the appellate court is fully equipped to handle such matters.

He also urged Nigerians to embrace alternative dispute-resolution mechanisms to reduce litigation.

Mr Ariwoola reported that a total of 1,271 appeals and motions were filed in the previous year, with the court delivering 251 judgments and 91 rulings during the period.

To address the workload, Mr Ariwoola increased the number of Supreme Court Justices to 21 as mandated by the 1999 Constitution as amended.