Amend Constitution For Effective Functioning of Courts – Justice Augie

A retired Justice of the Supreme Court, Justice Amina Adamu Augie on Thursday, called on the Godswill Akpabio-led 10th National Assembly to amend the 1999 Constitution of the Federal Republic of Nigeria, as amended to enhance the functioning of courts in Nigeria.

Justice Augie was speaking in Abuja at a valedictory court session held in her honour as she bowed out of the Supreme Court Bench on September 3, 2023, after attaining the mandatory retirement age of 70 years for judicial officers.

She said, the Supreme Court, as the apex court of the land and its final decisions shape society’s social order, adding that Justices of the court should be able to focus on what truly matters, issuing directives for formulating specific policies or amending existing ones to better serve their intended purposes.

“But how can they do that when they are drowning in an overwhelming caseload. The only way forward, as highlighted by the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola during the special session marking the commencement of the 2022/2023 legal year, is to amend the Constitution to restrict the circumstances under which appeals can reach this court.

“This marks the final instance where my voice will be heard in any court and I wish to use this opportunity to directly address the 10th National Assembly, through distinguished Senate President Godswill Akpabio, who was once my student at the Law School.

“I had the privilege of teaching him evidence and I trust that he learned well. Hence, it should be evident to him that swift action is needed from the 10th National Assembly to accomplish what others could not – amending the Constitution to enhance the functioning of our courts in Nigeria,” she said.

Justice Augie implored the National Assembly to undertake the necessary constitutional amendments so that the Supreme Court and its Justices can be freed from the constraints that impede their ability to fulfill their mandate of upholding the rule of law, justice and democracy.

Following the increasing workload, as a result of the depleting number of Justices of the Supreme Court, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) said the Federal Government is prepared and ready to strengthen the apex court to attain the required number of Justices as required by the Constitution.

Speaking at the special court session Fagbemi said, the federal government acknowledges the sacrifices and the working conditions of the current Justices of the Supreme Court and other Judges in Nigeria.

The AGF said that President Bola Tinubu-led government shall guarantee excellent conditions of service and remuneration good enough to appreciate the onerous duties of judicial officers at all levels.

According to the AGF, “While we appreciate the urgency in reviewing the remuneration of judicial officers which had not been done for over a decade as an integral component of our judicial reforms, we are also appreciative of the greater goal of achieving a true independence for the judiciary which can only be achieved through a comprehensive and sustainable reform process which requires attention and details.”

He said the federal government has commenced a painstaking effort at revisiting and reviewing all necessary instruments towards strengthening the judiciary, rule of law and improving the living conditions of all judicial officers.

While noting that Nigeria’s judiciary has lived up to expectations, Fagbemi said the federal government will support critical reforms that would enhance greater access to Justice, facilitate speedy trials and build confidence in the country’s judicial and legal systems.

The AGF described Justice Amina Augie as an embodiment of a patriotic and dedicated Nigerian, who made several far-reaching legal and judicial pronouncements, which have continued to generate reviews from legal commentators.

Earlier in his speech, the CJN said, Justice Amina Adamu Augie, “has, largely, made herself a pliable legal personality that has diligently sunk a pool of enduring legal knowledge and experience in all her judicial pronouncements. She has been a formidable ally, an admirable pillar of support and indeed, a jolly good fellow to all of us.

“His Lordship is a rare gem and unblemished symbol of humility and piety. Her judgments are not only incisive but equally analytical and rich in content and context. Her robust contributions to the development of our jurisprudence are fascinating and captivating, too. Her impeccable attention to details in every matter that came before her is alluring and salutary as well.”

The CJN said Justice Amina Augie has variously exhibited rare qualities and tenacity of strength and character to the admiration of her colleagues and admirers, especially when it comes to the administration of justice.

The President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau (SAN), in his speech, said, there is no Supreme Court in the world that is overworked like the Supreme Court of Nigeria.

Even at that, the NBA boss said Justices of the court still carry out their judicial duties diligently, he commended the sacrifices of the Supreme Court Justices.

While urging the Justices of the Supreme Court to continue in dispensing justice without fear or favour, Maikyau said the NBA is championing the fight for the upward review of the salaries, allowances and improved working conditions of judicial workers in the country.