Conflicting judgements: SANs tackle Supreme Court, as CJN pledges reforms

•Allegations of corruption cast long shadows— AGF

•NBA flays role of politicians in recruitment of judges

By Ikechukwu Nnochiri

ABUJA—The Body of Senior Advocates of Nigeria, BOSAN, yesterday described as worrisome conflicting judgements emanating from the Supreme Court.

The legal body, which spoke at a special session the apex court held to flag off its 2025/2026 legal year, lamented that the problem persisted, despite repeated concerns that had been raised.

In its address read by its representative, Chief Wole Olanipekun, SAN, BOSAN said it had since 2012, identified and chronicled the uncertainties created as a result of conflicting judgements of both the Court of Appeal and the Supreme Court.

Citing some of the examples, the body, stated: “While we do not want to present ourselves like a broken record, truth be told, the subject is compelling and a source of concern, not just for legal practitioners, but also for members of the lower Bench and the public.

“Truth be told, we would admit that the challenge persists till now. Let me highlight its manifestation in the nagging question of the competence or otherwise of Originating Processes signed in a Law Firm’s name, which this honourable court unequivocally resolved in the negative in the landmark case of Okafor V. Nweke and subsequently reaffirmed in FBN V. Maiwada, where I had the privilege of being invited as an amicus cutie by this honourable court.

“However, recent decisions of this honourable court in Olowe V. Aluko on the one hand and Menakaya V Ezim, on the other hand, have thrown the question to a sea of controversy.

“Whereas Olowe V. Aluko, which was delivered on May 23, 2025, seemed to adopt a liberal approach to the principle in Okafor V. Nweke, Menakaya V. Ezim, delivered barely two weeks later, reverted to the old order.

“While it is common knowledge that the judex, like all humans, may err, the essence of judicial precedent is one that cannot be over-emphasised.”

To remedy the situation, BOSAN urged the CJN to convoke a team of justices of the Supreme Court, Court of Appeal and leading members of the Bar, “to identify these conflicting decisions for a holistic reappraisal and ultimate settlement of the law by the Court of Appeal and the Supreme Court in respect of the issues involved.”

Disclosing that a committee it set up in 2023 had earlier made representations in writing to the then CJN, wherein it highlighted some of the conflicting decisions that needed to be harmonised, the body said it had also constituted another team to update the record for the attention of the apex court.

“The jurisprudence as we know it, is that where a court is faced with two conflicting decisions of the Supreme Court, the latter court, whether the Supreme Court or Court of Appeal, is required to apply the latest of such decisions as constituting the extant position of the law.

“However, it has been noticed that a good number of latter decisions of the court, which conflict with its previous decisions, do not expressly overrule or set aside the previous inconsistent decisions.

“This has over the years birthed another cacophonous principle which suggests that the latter court could elect which to follow, between any of the conflicting earlier positions of the previous court.

In his speech at the event that equally saw the swearing in of 57 new SANs by the CJN, Justice Kudirat Kekere Ekun, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, stressed that allegations of corruption against judges, cast long shadows on the judiciary.

“It is quite concerning to see the adverse ratings and negative perception indexes of our judiciary. Public confidence in the judiciary has been shaken by perceptions of undue influence, inconsistent rulings and delays that frustrate justice.

“While I agree that the judiciary should be accountable less to public opinion and more to public interest, may I respectfully insist that in this climate, the judiciary should discharge that accountability by being principled, independent and impartial.

“It must not only deliver justice—it must do so transparently, consistently, and with intellectual rigour. It is therefore the responsibility of everyone present here and beyond to ensure that, like Caesar’s wife, the judiciary is above reproach and suspicion.

“My Lords, the strength of a judiciary lies not in the volume of its judgments, but in their clarity, coherence, and courage,” the AGF stated.

Emphasising that the rank of SAN didn’t confer immunity on its holder, the AGF said his office had commenced investigation on a property dispute in the United Kingdom that involved a senior lawyer, with a view to referring the case to the appropriate disciplinary bodies.

On its part, the Nigerian Bar Association, NBA, through its President, Mazi Afam Osigwe, SAN, flayed the influence of politics in the recruitment of judges, insisting that the process had been lacking in objectivity, transparency, prone to political interference, and not open.

“The involvement of politicians in the appointment will no doubt ultimately lead to interference by these individuals in the judicial process.

“Such interference will be wrongly justified as repayment of favour. Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection should safeguard against judicial appointments for improper motives.”

“As we have pointed out repeatedly, the poor quality of appointments in any judiciary will be the bane of that Judiciary,” the NBA warned.

In her speech, the CJN, who reeled out some of her achievements in office, including the automation of some of the operations of the apex court and the enhancement of it’s case management system, pledged her commitment towards a holistic reform of the justice sector.

Justice Kekere Ekun revealed that the Supreme Court had in the legal year that ended on July 18, considered a total of 2,280 cases, comprising both motions and appeals.

“Of these, 1,720 were motions broken down into 1,025 Civil, 488 Criminal, and 27 Sharia-related matters.

“The Court also entertained 560 appeals, broken down into 352 Civil, 180 Criminal, 6 Political, 15 Sharia, and 7 Originating Summons.

“From these matters, a total of 369 judgments were delivered. The past legal year has been a testament to our unwavering commitment to the speedy dispensation of justice,’’ she said.

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