Ngwuta’s Death Signals Unexpected Changes In Supreme Court

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With about three weeks to his retirement from the Supreme Court,
the death of Justice Sylvester Nwali Ngwuta might trigger some
changes in the apex court, checks revealed.

One of such changes, according to some senior lawyers, is the
vacuum his demise has left in the highest court in the land which
must be filled very soon.

Justice Ngwuta passed on in the early hours of yesterday after a
brief illness was just weeks away from clocking 70.

He was expected to retire from the bench and as Justice of the
apex court on March 30, 2021 upon attainment of the 70-year
mandatory retirement age.

He was said to have fallen sick and had been on admission in the
last one week at the National Hospital, Abuja.

His remains has since been deposited at the National Hospital
mortuary pending the final arrangement for his burial.

Until his death, the late Justice Ngwuta was the third in
command at the Supreme Court, but our findings showed that with his
demise, the hierarchy of the apex court has been altered.

The Supreme Court bench is made up of 20 Justices who are
appointed in the order of seniority at the bench.

The apex court bench is headed by the Chief Justice of Nigeria
(CJN), Justice Ibrahim Tanko Muhammad, who is also the number one
judicial officer in the country.

This entails that the CJN who is the head of the judicial arm of
government presides over the country’s apex court and the National
Judicial Council (NJC).

The current CJN was appointed into the position in 2019 and is
due for retirement in 2023.

But the next in line to the CJN, Justice Bode Rhodes-Vivour, may
not succeed Justice Muhammad as CJN since he is due for retirement
later this month.

He was born on March 22, 1951 and will attain the mandatory
retirement age of 70 later this month.

Justice Ngwuta was next to Justice Bode Rhodes-Vivour but with
his death, Justice Mary Ukaego Odili, automatically takes that
position.

However, like Justice Rhodes-Vivour, Justice Odili would not
succeed the CJN, as she is expected to retire from the apex court
on May 12, 2022.

Justice Odili was appointed Associate Justice of the Supreme
Court by former President Goodluck Jonathan and was administered
the oath of office by the then Chief Justice Katsina-Alu on June
23, 2011.

Justice Olukayode Ariwoola, who until now was the fifth in the
hierarchy, is the likely successor of the incumbent CJN.

Born on August 22, 1958, Justice Ariwoola still has about six
years to go as justice of the apex court.

He was formerly a Justice of the Court of Appeal and on November
22, 2011, he was appointed to the bench of the Supreme Court as
Justice.

Born on March 30, 1951 in Amofia-Ukawu, Onicha local government
area of Ebonyi State, the late Justice Ngwuta was appointed Supreme
Court Justice on March 22, 2011.

He had his basic education in the Eastern part of Nigeria and
got his LLB in University of Ife (Now Obafemi Awolowo University).
lle-ife in 1977 and BL at the Nigerian Law School in 1978.

Meanwhile, some lawyers, who reacted to Ngwuta’s death, said the
news of his passing was shocking, just as it has left a vacuum in
the Supreme Court bench which must be filled very soon.

A senior lawyer, Abdul Balogun (SAN), described the late Justice
Ngwuta as a thorough-bred judge who did his work diligently.

He said, ”No doubt, his death has created a vacuum that will be
difficult to fill. The NJC should meet and decide on a replacement
for him so that appeals at the apex court don’t suffer.

”His death has also brought changes in the hierarchy of the
court. If I am not wrong, he was the third in command at the court
before his death. With his death now, all that has changed.

“I’m sure in a matter of months from now, a replacement will be
announced because if that is not done, some appeals will suffer at
the court”.

Another Abuja-based senior lawyer, Liman Abdulrasheed, described
the late Justice Ngwuta as a thorough judge.

He noted that some of the landmark judgements he delivered while
serving as a justice of the Supreme Court will be difficult to
forget.

He said, ”No doubt, his legacies will continue to speak for him.
Some of the landmark judgments he delivered will stand the test of
time and he will always be remembered.

”I know it is a matter of time and the vacant position will be
filled after a meeting of the NJC”.

BUT IS SHE NEXT IN LINE FOR CJN?

By tradition, the second most senior justice of the supreme
court is appointed chief justice after the retirement of the
incumbent.

Will Peter-Odili become the second female CJN — after Aloma
Mariam Mukhtar — when Muhammad retires?

Not so fast.

Odili, who was appointed a justice of the supreme court on June
23, 2011, was born on May 12, 1952.

This means she will be due for retirement by May 12, 2022 on
clocking 70.

But Muhammad, who was appointed a supreme court judge in 2006
and sworn in on January 8, 2007, was born on December 31, 1953 —
meaning he is younger than Peter-Odili and will not retire until
2023 when he hits the 70 figure.

For those who dream of another female CJN as the world marks
International Women’s Day today, all hope is not lost.

Kudirat Kekere-Ekun, born on May 7, 1958, will not retire until
2028 and is due to move to No 5 very soon.

There is also Amina Adamu Augie, but she will be 70 in September
2023 when Muhammad may still be in his seat.

Uwani Musa Abba Aji is also waiting in the wings as she will not
retire until November 7, 2026.

There is one more female justice, Helen M. Ogunwumiju, who was
inaugurated as a justice of the supreme court in November 2020.

Happy International Women’s Day!

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