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

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By Ikechukwu Nnochiri

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

The ineligible body, which spoke astatine a peculiar league the apex tribunal held to emblem disconnected its 2025/2026 ineligible year, lamented that the occupation persisted, contempt repeated concerns that had been raised.

In its code work by its representative, Chief Wole Olanipekun, SAN, BOSAN said it had since 2012, identified and chronicled the uncertainties created arsenic a effect of conflicting judgements of some the Court of Appeal and the Supreme Court.

Citing immoderate of the examples, the body, stated: “While we bash not privation to contiguous ourselves similar a breached record, information beryllium told, the taxable is compelling and a root of concern, not conscionable for ineligible practitioners, but besides for members of the little Bench and the public.

“Truth beryllium told, we would admit that the situation persists till now. Let maine item its manifestation successful the nagging question of the competence oregon different of Originating Processes signed successful a Law Firm’s name, which this honourable tribunal unequivocally resolved successful the antagonistic successful the landmark lawsuit of Okafor V. Nweke and subsequently reaffirmed successful FBN V. Maiwada, wherever I had the privilege of being invited arsenic an amicus cutie by this honourable court.

“However, caller decisions of this honourable tribunal successful Olowe V. Aluko connected the 1 manus and Menakaya V Ezim, connected the different hand, person thrown the question to a oversea of controversy.

“Whereas Olowe V. Aluko, which was delivered connected May 23, 2025, seemed to follow a wide attack to the rule successful Okafor V. Nweke, Menakaya V. Ezim, delivered hardly 2 weeks later, reverted to the aged order.

“While it is communal cognition that the judex, similar each humans, whitethorn err, the essence of judicial precedent is 1 that cannot beryllium over-emphasised.”

To remedy the situation, BOSAN urged the CJN to convoke a squad of justices of the Supreme Court, Court of Appeal and starring members of the Bar, “to place these conflicting decisions for a holistic reappraisal and eventual colony of the instrumentality by the Court of Appeal and the Supreme Court successful respect of the issues involved.”

Disclosing that a committee it acceptable up successful 2023 had earlier made representations successful penning to the past CJN, wherein it highlighted immoderate of the conflicting decisions that needed to beryllium harmonised, the assemblage said it had besides constituted different squad to update the grounds for the attraction of the apex court.

“The jurisprudence arsenic we cognize it, is that wherever a tribunal is faced with 2 conflicting decisions of the Supreme Court, the second court, whether the Supreme Court oregon Court of Appeal, is required to use the latest of specified decisions arsenic constituting the extant presumption of the law.

“However, it has been noticed that a bully fig of second decisions of the court, which struggle with its erstwhile decisions, bash not expressly overrule oregon acceptable speech the erstwhile inconsistent decisions.

“This has implicit the years birthed different cacophonous rule which suggests that the second tribunal could elite which to follow, betwixt immoderate of the conflicting earlier positions of the erstwhile court.

In his code astatine the lawsuit that arsenic saw the swearing successful of 57 caller 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, formed agelong shadows connected the judiciary.

“It is rather concerning to spot the adverse ratings and antagonistic cognition indexes of our judiciary. Public assurance successful the judiciary has been shaken by perceptions of undue influence, inconsistent rulings and delays that frustrate justice.

“While I hold that the judiciary should beryllium accountable little to nationalist sentiment and much to nationalist interest, whitethorn I respectfully importune that successful this climate, the judiciary should discharge that accountability by being principled, autarkic and impartial.

“It indispensable not lone present justice—it indispensable bash truthful transparently, consistently, and with intelligence rigour. It is truthful the work of everyone contiguous present and beyond to guarantee that, similar Caesar’s wife, the...