The Nigerian judiciary is one of the arms of government (as
in my humble view, it is legally wrong and underestimating to
regard or refer to the judiciary as the third arm of government as
some persons misconceive it to be because neither the Constitution
nor any law having effect in Nigeria has categorized the judiciary
as such and therefore, the Judiciary is not different from the
status and or rank as given to it by the Constitution i.e. just an
arm of the government and that is all!). Furthermore,
there have been thoughts that when a lawyer has been appointed to
the judiciary (the bench), then such Judge is low in rank except
and until he is appointed as a Justice of the Court of Appeal or a
Justice of the Supreme Court. This view, in my humble view is
misconceived with due respect and this misconception is what this
paper aims to correct (with due respect) by setting the dignified
structures of the judiciary properly.
First and foremost, the creation of all courts in Nigeria is
made pursuant to section 6 of the Constitution with
courts being categorized as Federal Courts and States Courts.
Section 6(1), (2) and (3) of the Constitution is clear on this
position where it provides thus
‘6.—(1) The judicial powers of the Federation shall
be vested in the courts to which this section relates, being courts
established for the Federation.
(2) The judicial powers of a State shall be vested
in the courts to which this section relates, being courts
established, subject as provided by this Constitution for a
State.
(3) The courts to which this section relates
established by this Constitution for the Federation and for the
States specified in subsection (5) (a) to (i) of this section shall
be the only superior courts of record in Nigeria; and save as
otherwise prescribed by the National Assembly or by the House of
Assembly of a State, each court shall have all the powers of a
superior court of record.’.
From the above provision of the Constitution, the courts therein
listed under section 6(5) of the Constitution are
specifically categorized under different headings in Chapter VII
Judicature Part I Federal Courts (under the
Constitution). The Supreme Court of Nigeria has been
categorized as a Federal Court, with the Honourable the Chief
Justice of Nigeria as the Chief Justice of Nigeria. See:
section 230 of the Constitution. Also,
the Part B of the Chapter categorized the
Court of Appeal of Nigeria as a Federal Court with the President of
the Court as the Head of the Court of Appeal. See:
section 237 of the Constitution. Also,
Part C of the Chapter created the Federal
High Court of Nigeria and it has been categorized as a Federal
Court with the Chief Judge of the Federal High Court of Nigeria as
the Head of the Court. See: section 249 of the
Constitution. Also, by virtue of section 6 of the Constitution’s
Third Alteration, Act, 2010, the National Industrial
Court of Nigeria under Part CC of the
altered Principal Act, has been categorized as a Federal Court
under section 254A with a President of
the Court as the Head of the Court. Furthermore, the
Part D of the Constitution has categorized the High
Court of the Federal Capital Territory, Abuja, as a Federal Court
with the Chief Judge of the High Court of the Federal Capital
Territory, Abuja, as the Head of the Court. See:
section 255 of the Constitution. Furthermore, the
Sharia Court of Appeal of the Federal Capital Territory and the
Customary Court of Appeal of the Federal Capital Territory, Abuja,
have respectively been categorized as Federal Courts under
Part E and F respectively. The
above are the Federal Courts created by the Constitution with each
of the Courts having its constitutional powers and functions
therein stated. Then, the Constitution by virtue of
Part II of Chapter VII, creates State
Court for each State of the Federation with the Chief Judge as the
Head of the Court. See: section 270 of the
Constitution. Furthermore, the Sharia Court of Appeal
of the State and the Customary Court of Appeal of the State have
been respectively created under Part B and C
respectively. Each of these courts too, has its own
powers and functions under the Constitution.
From the foregoing, it is clear in my humble view that the
structures of the Nigerian judiciary is such that a high court of a
State’s Judge is a judge and rises in rank in seniority among His
Lordship’s colleagues (just like the normal promotion or rise in
seniority that occurs in the civil service) up to when he becomes
the Chief Judge as the most senior judicial officer in the State
(the same is applicable at the Federal High Court of Nigeria and
all other Superior courts of record mentioned above). This is also
the trend in the Court of Appeal of Nigeria (the Court of Appeal
though higher in seniority and rank than the high court, is a
different and separate structure in the judiciary where a Justice
of the Court of Appeal too rises in seniority till His Lordship
becomes the President of the Court of Appeal). This same dignified
structure is applicable in the Supreme Court of Nigeria (the
Supreme Court of Nigeria though higher in seniority and rank than
the high court and the Court of Appeal as the apex/highest court of
Nigeria, is a different and separate structure in the judiciary
where a Justice of the Supreme Court too rises in seniority till
His Lordship becomes the Chief Justice of Nigeria). Therefore, a
judge of the high court or a Justice of the Court of Appeal or a
Justice of the Supreme Court of Nigeria (including the other
superior court of record) might retire as a judge of that
particular court (depending on his age in service as prescribed by
law) or rises to become either the Chief Judge of the High Court
(of the State or of the Federal High Court or President of the
National Industrial Court or the Grand Kadi of the Sharia Court of
Appeal or the President of the Customary Court of Appeal) or the
President of the Court of Appeal or the Chief Justice of Nigeria as
the case might be. So, what matters is the seniority in the High
Court or seniority in the Court of Appeal or seniority in the
Supreme Court (or seniority in the other superior courts of
record). Therefore, in my humble view, a Judge of the High Court
(whether of the State or of the Federal High Court) may prefer to
remain as a Judge of the High Court and rises through the rank in
the State or the Federal Judiciary and retire in such service or a
Justice of the Court of Appeal may prefer to remain as a Justice of
the Court of Appeal and rises through the rank in the Court of
Appeal’s judiciary and retire in such service and same for the
Supreme Court of Nigeria (and other superior courts of record). It
might however be the dream of almost every judge of the high court
or the court of appeal (or other superior court of record) to rise
to the Supreme Court due to other benefits of that judicial
institution! With due respect, a Judge of the High Court needs not
get disturbed (with due respect), when appointed as a judge rather,
His Lordship should think of making all His Lordship’s sacrifices
in that particular judiciary and where he feels that he desires to
proceed in rank to the Court of Appeal’s judiciary, and having been
qualified for such appointment, he might apply according to the
prescription of the law (same is for the Justice of the Court of
Appeal that intends to proceed to the Supreme Court). More so, the
High Court, the Court of Appeal and the Supreme Court (as well as
National Industrial Court, the Shariah Court of Appeal of the FCT
and of a State (as the case might be) and the Customary Court of
Appeal of the FCT or of a State) are Superior Court of Record. See:
the relevant sections of the Constitution (referred to above) and
the Revised National Judicial Council of Nigeria’s
Guidelines and Procedural Rules for the Appointment of Judicial
Officers of all Superior Courts of Record in Nigeria (the latest
Rules. What I have is the 2014 Revised Edition. I was unable to
complete my findings on whether there was a review to the 2014
Rules at the time of preparing this paper). Also, the
emoluments of a High Court’s Judge/Judiciary, the Court of Appeal’s
Judiciary and the Supreme Court’s Judiciary (as well as other
superior court of record) are already prescribed by the National
Judicial Council.
Finally therefore, it is my humble view that a Judge of a High
Court (or of the National Industrial Court or of the Shariah Court
of Appeal or of the Customary Court of Appeal) or of the Court of
Appeal or of the Supreme Court is dignified. It is further my
observation that each of these judiciary’s structures as a unit has
its own structure which is different entirely from the other and a
Judge of the High Court might rise and retire in that particular
judiciary just as a Justice of the Court of Appeal might be as well
as a Justice of the Supreme Court of Nigeria (and other superior
court of record). This observation (i.e. this paper) is in my
humble view important and useful for any lawyer or person who has
the ambition of becoming a judge in future!
Email: hameed_ajibola@yahoo.com[1]
The Nigerian judiciary is one of the arms of government (as
in my humble view, it is legally wrong and underestimating to
regard or refer to the judiciary as the third arm of government as
some persons misconceive it to be because neither the Constitution
nor any law having effect in Nigeria has categorized the judiciary
as such and therefore, the Judiciary is not different from the
status and or rank as given to it by the Constitution i.e. just an
arm of the government and that is all!). Furthermore,
there have been thoughts that when a lawyer has been appointed to
the judiciary (the bench), then such Judge is low in rank except
and until he is appointed as a Justice of the Court of Appeal or a
Justice of the Supreme Court. This view, in my humble view is
misconceived with due respect and this misconception is what this
paper aims to correct (with due respect) by setting the dignified
structures of the judiciary properly.
First and foremost, the creation of all courts in Nigeria is
made pursuant to section 6 of the Constitution with
courts being categorized as Federal Courts and States Courts.
Section 6(1), (2) and (3) of the Constitution is clear on this
position where it provides thus
‘6.—(1) The judicial powers of the Federation shall
be vested in the courts to which this section relates, being courts
established for the Federation.
(2) The judicial powers of a State shall be vested
in the courts to which this section relates, being courts
established, subject as provided by this Constitution for a
State.
(3) The courts to which this section relates
established by this Constitution for the Federation and for the
States specified in subsection (5) (a) to (i) of this section shall
be the only superior courts of record in Nigeria; and save as
otherwise prescribed by the National Assembly or by the House of
Assembly of a State, each court shall have all the powers of a
superior court of record.’.
From the above provision of the Constitution, the courts therein
listed under section 6(5) of the Constitution are
specifically categorized under different headings in Chapter VII
Judicature Part I Federal Courts (under the
Constitution). The Supreme Court of Nigeria has been
categorized as a Federal Court, with the Honourable the Chief
Justice of Nigeria as the Chief Justice of Nigeria. See:
section 230 of the Constitution. Also,
the Part B of the Chapter categorized the
Court of Appeal of Nigeria as a Federal Court with the President of
the Court as the Head of the Court of Appeal. See:
section 237 of the Constitution. Also,
Part C of the Chapter created the Federal
High Court of Nigeria and it has been categorized as a Federal
Court with the Chief Judge of the Federal High Court of Nigeria as
the Head of the Court. See: section 249 of the
Constitution. Also, by virtue of section 6 of the Constitution’s
Third Alteration, Act, 2010, the National Industrial
Court of Nigeria under Part CC of the
altered Principal Act, has been categorized as a Federal Court
under section 254A with a President of
the Court as the Head of the Court. Furthermore, the
Part D of the Constitution has categorized the High
Court of the Federal Capital Territory, Abuja, as a Federal Court
with the Chief Judge of the High Court of the Federal Capital
Territory, Abuja, as the Head of the Court. See:
section 255 of the Constitution. Furthermore, the
Sharia Court of Appeal of the Federal Capital Territory and the
Customary Court of Appeal of the Federal Capital Territory, Abuja,
have respectively been categorized as Federal Courts under
Part E and F respectively. The
above are the Federal Courts created by the Constitution with each
of the Courts having its constitutional powers and functions
therein stated. Then, the Constitution by virtue of
Part II of Chapter VII, creates State
Court for each State of the Federation with the Chief Judge as the
Head of the Court. See: section 270 of the
Constitution. Furthermore, the Sharia Court of Appeal
of the State and the Customary Court of Appeal of the State have
been respectively created under Part B and C
respectively. Each of these courts too, has its own
powers and functions under the Constitution.
From the foregoing, it is clear in my humble view that the
structures of the Nigerian judiciary is such that a high court of a
State’s Judge is a judge and rises in rank in seniority among His
Lordship’s colleagues (just like the normal promotion or rise in
seniority that occurs in the civil service) up to when he becomes
the Chief Judge as the most senior judicial officer in the State
(the same is applicable at the Federal High Court of Nigeria and
all other Superior courts of record mentioned above). This is also
the trend in the Court of Appeal of Nigeria (the Court of Appeal
though higher in seniority and rank than the high court, is a
different and separate structure in the judiciary where a Justice
of the Court of Appeal too rises in seniority till His Lordship
becomes the President of the Court of Appeal). This same dignified
structure is applicable in the Supreme Court of Nigeria (the
Supreme Court of Nigeria though higher in seniority and rank than
the high court and the Court of Appeal as the apex/highest court of
Nigeria, is a different and separate structure in the judiciary
where a Justice of the Supreme Court too rises in seniority till
His Lordship becomes the Chief Justice of Nigeria). Therefore, a
judge of the high court or a Justice of the Court of Appeal or a
Justice of the Supreme Court of Nigeria (including the other
superior court of record) might retire as a judge of that
particular court (depending on his age in service as prescribed by
law) or rises to become either the Chief Judge of the High Court
(of the State or of the Federal High Court or President of the
National Industrial Court or the Grand Kadi of the Sharia Court of
Appeal or the President of the Customary Court of Appeal) or the
President of the Court of Appeal or the Chief Justice of Nigeria as
the case might be. So, what matters is the seniority in the High
Court or seniority in the Court of Appeal or seniority in the
Supreme Court (or seniority in the other superior courts of
record). Therefore, in my humble view, a Judge of the High Court
(whether of the State or of the Federal High Court) may prefer to
remain as a Judge of the High Court and rises through the rank in
the State or the Federal Judiciary and retire in such service or a
Justice of the Court of Appeal may prefer to remain as a Justice of
the Court of Appeal and rises through the rank in the Court of
Appeal’s judiciary and retire in such service and same for the
Supreme Court of Nigeria (and other superior courts of record). It
might however be the dream of almost every judge of the high court
or the court of appeal (or other superior court of record) to rise
to the Supreme Court due to other benefits of that judicial
institution! With due respect, a Judge of the High Court needs not
get disturbed (with due respect), when appointed as a judge rather,
His Lordship should think of making all His Lordship’s sacrifices
in that particular judiciary and where he feels that he desires to
proceed in rank to the Court of Appeal’s judiciary, and having been
qualified for such appointment, he might apply according to the
prescription of the law (same is for the Justice of the Court of
Appeal that intends to proceed to the Supreme Court). More so, the
High Court, the Court of Appeal and the Supreme Court (as well as
National Industrial Court, the Shariah Court of Appeal of the FCT
and of a State (as the case might be) and the Customary Court of
Appeal of the FCT or of a State) are Superior Court of Record. See:
the relevant sections of the Constitution (referred to above) and
the Revised National Judicial Council of Nigeria’s
Guidelines and Procedural Rules for the Appointment of Judicial
Officers of all Superior Courts of Record in Nigeria (the latest
Rules. What I have is the 2014 Revised Edition. I was unable to
complete my findings on whether there was a review to the 2014
Rules at the time of preparing this paper). Also, the
emoluments of a High Court’s Judge/Judiciary, the Court of Appeal’s
Judiciary and the Supreme Court’s Judiciary (as well as other
superior court of record) are already prescribed by the National
Judicial Council.
Finally therefore, it is my humble view that a Judge of a High
Court (or of the National Industrial Court or of the Shariah Court
of Appeal or of the Customary Court of Appeal) or of the Court of
Appeal or of the Supreme Court is dignified. It is further my
observation that each of these judiciary’s structures as a unit has
its own structure which is different entirely from the other and a
Judge of the High Court might rise and retire in that particular
judiciary just as a Justice of the Court of Appeal might be as well
as a Justice of the Supreme Court of Nigeria (and other superior
court of record). This observation (i.e. this paper) is in my
humble view important and useful for any lawyer or person who has
the ambition of becoming a judge in future!
Email: hameed_ajibola@yahoo.com[1]