A former Justice of the Supreme Court, Muhammad Dattijo has said that the non-representation of the South-East and North-Central on the Supreme Court Bench poses great danger for the country’s democracy.
The retirement of Justice Datti on Friday, after spending 43 years in the judiciary, brings the number of Justices to 10, with two regions of the country not represented.
The South-South and North-East have two serving Justices, while the North-West and South-West are fully represented with three Jurists each.
“To ensure justice and transparency in presidential appeals from the lower court, all geo-political zones are required to participate in the hearing.
“It is therefore dangerous for democracy and equity for two entire regions to be left out in the decisions that will affect the generality of Nigerians” Justice Datijo warned.
The retired jurist noted that since November 6, 2020, when the Supreme Court, in its history, got a full complement of 21, following the swearing in of 8 Justices.
“This is not what our laws envisage. Although it can be posited that no one expected the sudden passing of Justice Centus Nweze, on July 29, 2023, yet, it has been two years and seven months since Sylvanus Ngwuta, another Justice from the South East died and no appointment was made,” Justice Datijo revealed.
Datijo stated that the retirement of Justice Ejembi Eko, who also represented the North Central zone on May 23, 2022 has also caused a great lacuna in the system.
“Ditto for the replacement of Justice Eko JSC of North central who exited nearly two years ago.
“Hon. Justice Sidi Bage JSC, now his Royal Highness, the Emir of Lafia, from the North Central, had earlier voluntarily retired. He equally is yet to be replaced” Datijo stated.
Meanwhile, Justice Datijo has stated that the depleted number of Supreme Court Justices has remained so due to deliberate action.
“It is evident that the decision not to fill the vacancies in the court is deliberate. It is all about the absolute powers vested in the office of the Chief Justice of Nigeria and the responsible exercise of same” Justice Datijo said.
“That this avoidable depletion has affected and will further affect the court and litigants is stating the obvious,” he added.
According to the Justice, “appropriate steps could have been taken since to fill outstanding vacancies in the apex court”.
“Why have these steps not been timeously taken?, he asked.
“We are in an election season where the Election Tribunals and appellate courts are inundated with all manner of petitions and appeals.
“The Supreme Court is the final court in the Presidential, Governorship and National Assembly election appeals.
“Yet, there are only 10 justices left to determine these matters.
