Commencing today, the hearings for appeals in the presidential and gubernatorial elections have begun, raising concerns about the potential reduction in the Supreme Court’s bench strength.
This apprehension stems from the impending retirement of Justice Musa Dattijo Muhammad on Friday, October 27, upon reaching the age of 70.
This development is anticipated to further diminish the bench from 11 to 10 justices.
While the justices of the Supreme Court may already be grappling with an increasing caseload, particularly pertaining to political matters, the worrisome question remains whether they will be able to manage the substantial workload resulting from the 2023 general elections.
A few weeks ago, the bench saw a reduction from 12 to 11, following the retirement of Justice Amina Augie, who reached the mandatory retirement age of 70.
With Dattijo Muhammad also set to retire this Friday, the bench will be left with only 10 justices.
As per a statement from the Director of Press and Information at the Supreme Court of Nigeria, a valedictory court session has been scheduled for October 27, 2023, at 10:00 am in the Main Courtroom of the Supreme Court of Nigeria, to mark Justice Musa Dattijo’s retirement from the bench. The Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola, will preside over this special court session and offer tributes alongside other prominent figures in the nation’s justice sector.
Dattijo, a native of Chanchaga Local Government Area in Niger State, was born on October 27, 1953, in Minna. He completed his First School Leaving Certificate at Native Primary School, Minna, from 1960 to 1966. From 1967 to 1971, he attended Sheikh Sabbah College (now Sardauna Memorial Secondary School) in Kaduna. He then pursued a Pre-Degree program at Abdullahi Bayero College, Kano, which facilitated his direct admission into the Faculty of Law at Ahmadu Bello University, Zaria, where he earned his Law degree in 1977.
He was called to the Nigerian Bar on July 2, 1977. Not content with just a first-degree qualification in Law, Muhammad sought admission at Warwick University in 1982 for an LLM Degree, which he successfully obtained in 1983. He was sworn in as a Justice of the Supreme Court on Tuesday, July 10, 2012.
The statement emphasized that Justice Muhammad’s promotion to the Court of Appeal was a testament to his hard work, profound dedication to his chosen profession, commitment to duty, and above all, an unwavering adherence to the law in its truest form in all cases presented before him.
“He earned a well-deserved elevation to the Court of Appeal on November 21, 1998, from the Niger State Judiciary, and served with distinction in various Divisions. With the retirement of Justice Musa Dattijo Muhammad, the Supreme Court of Nigeria now comprises 10 Justices.”
Today, on October 23, proceedings commence for three appeals contesting the affirmation of President Bola Tinubu’s election.
These appeals involve the Peoples Democratic Party (PDP) and their presidential candidate, Alhaji Atiku Abubakar; the Labour Party (LP) and its presidential candidate, Mr. Peter Obi; and the Allied People’s Movement (APM).
A seven-member panel, selected from the pool of 10 justices, has less than a month to conduct hearings and render judgments on these three distinct appeals.
While the law mandates a 60-day window for the apex court to address and make a determination on an appeal related to an election matter, it’s noteworthy that over 30 days have elapsed since the filing of the Notice of Appeal on September 18.
Additionally, the apex court is anticipated to form multiple panels to address gubernatorial appeals originating from the lower courts, as well as pre-election appeals stemming from off-season circle elections
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