Judiciary

Kemi Pinheiro advocates creation of supreme court in states

Supreme Desk
14 Dec 2023 3:13 PM IST
Kemi Pinheiro advocates creation of supreme court in states
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"It is about time states start having supreme courts if we are really serious about federalism. There is no reason the states cannot have their supreme courts."

A Senior Advocate of Nigeria, Dr. Kemi Pinheiro, has called for the creation of supreme courts in states to reflect federalism.

Pinheiro made the call at a public presentation of a book co-authored by Lagos State Attorney-General and Commissioner for Justice, Mr. Lawal Pedro (SAN), in Ikeja on Wednesday evening.

The book is entitled “The Supreme Court of Nigeria: History, Establishment, Jurists, and Speeches.”.

Pedro wrote the book together with Mr. Abdulrasheed Ibrahim.

Pinheiro, who gave a lecture on “The Supreme Court: Yesterday, Today, and Tomorrow” at the event, said that each state in the U.S. had its own supreme court.

"It is about time states started having supreme courts if we are really serious about federalism. There is no reason the states cannot have their own supreme courts.

“There are certain cases that should not end up in the Supreme Court of Nigeria.

“For instance, why would matrimonial matters and customary law cases end up in the Supreme Court?

“Why would you, for instance,tell a Supreme Court judge who is from Zamfara State to take a decision in relation to customary law that has to do with Ebonyi State law?

“It does not make sense,” he argued.

He also suggested that, in order to reduce heavy case loads in the Supreme Court of Nigeria, the jurisdiction of the court should be limited to only appeals arising from matters within the jurisdiction of federal courts such as the Federal High Court and the National Industrial Court.

Pinheiro also recommended better service conditions, better healthcare services, and increased remuneration for judicial officers.

He said that there was a need for the appointment of more justices at the Supreme Court of Nigeria.

According to him, there should be an amendment to the 1999 Constitution to allow for the termination of certain appeals at the Court of Appeal.

“What business should the Supreme Court have with divorce cases and tenancy matters?

“Just as matters from the National Industrial Court end at the Court of Appeal, the same should be applicable to a number of civil matters.

“There should be be enhancement of the independence of the judiciary,” Pinheiro said.

Lagos State Gov. Babajide Sanwo-Olu, in his opening remarks, said that the state was proud of the attorney attorney-general for writing the book.

Sanwo-Olu was represented by the Secretary to the Lagos State Government, Mrs. Abimbola Salu-Hudeyin.

He congratulated the attorney-general for successfully completing the compendium that had to do with the Supreme Court.

“As we delve into the pages of this book and reflect upon the journey of the Supreme Court, we are not merely revisiting history but also embracing the present and contemplating the future.

“We stand at a juncture where the past achievements of our judiciary serve as a guide,illuminating the path forward towards a more equitable and inclusive legal system and, by extension, our society.

“I am certain that the enriching legal contents of this book will be very valuable to lawyers and non-lawyers,” he said.

The Chief Judge of Lagos State, Justice Kazeem Alogba, said that the book would give a deeper insight into how the Supreme Court worked.

According to him, the book will help Nigerians reform the Supreme Court in terms of jurisdiction.

He said, “I listened to learned silk, Pinheiro, when he said certain matters should not go to the Supreme Court.

“I totally support that, particularly interlocutory application, which is the bane of our judicial system.

“Once interlocutory matters or simple matters are allowed to go up to the Supreme Court, it is a tactic that some ingenious lawyers use as a tool to delay proceedings when they foresee that their cases will not succeed.

“The publication of this book is an effort that deserves much commendation.”

The immediate past Chairman of the Body of Benchers, Chief Wole Olanipekun (SAN), who chaired the event, said that, from all ramifications, the Supreme Court should be the merging point or conference of all the best in the legal profession.

“We are here today, making history.

“Whatever we do or write today will outlive us as we are writing history, and this profession belongs to all of us,” he said.

Lagos State Attorney-General and Commissioner for Justice, Pedro, said in his welcome address that the book provided an insight into the establishment and composition of the Supreme Court.

“With rigorous efforts and research embarked upon by myself and my learned friend Abdulrasheed, we were able to bring together 48 valedictory speeches of our retired justices of the Supreme Court of Nigeria.

“This includes those who are dead and alive.

“The valedictory speeches give room to learn a lot from the experiences of the retired justices of the apex court,” Pedro said.

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