- Establishment of Supreme Court division is dangerous to our justice system -Ndayako SAN
NASEER BABA-UTHMAN ,MINNA
A Minna based Legal practitioner, Barrister Mohammed Kudu Ndayako, SAN has described as dangerous the proposed establishment of more divisions of supreme courts across the country.
Speaking in an interview with Journalists in his office in Minna at the weekend, the Senior Advocate pointed out the country justice system does not require the establishment of division of any Apex Court for now.
He noted that the country has several divisions of court of Appeals that end up given conflicting and contradictory decisions which is affecting the administration of our justice system.
” That will be dangerous to our administration of Justice system. Because now we have several divisions of court of appeal.
” We cannot pretend because most these court of appea lack certain Facility they end up given conflicting and contradictory decision on the same subject matter
” It shouldn’t be like that so much so that at the end of the day, which of the decision of the court of appeal are you going to follow”? he asked.
He stated that the proposal by the Lower Chamber of the National Assembly for the establishment of the Nation Apex Court across the country would have a negative effect on the Nation’s Justice system.
He posited that members of the lower chamber of the National Assembly should be more concerned about restricting certain cases that should not ordinarily go to the Apex court noting that if a certain decision is decided at the appellate court, it would only be affirmed at the Apex court.
” They should be concerned about restricting certain cases that should go to the Apex court. There are some decisions once it is decided at the court of appeal the matter should end there at the court of appeal.” he suggested.
The Senior Advocate of Nigeria, noted that it is not every case should be taken to the Apex court particularly civil and contractual cases stating that a matter that is already decided at the appellate court,can only be affirmed at the Apex court.
He explained that in a situation where they are divergent opinion on the same subject matter already decided at the appellate court as a result of the structures of the court appeal, there is no need for the establishment of any division of the Apex court.
” Where there are divergent of opinion on the same subject matter because of the structure of the court of appeal.
” So if the required mandatory numbers of Justices of the Supreme court is maintained, I think they will be able to handle multiple cases that are filled before them.
” I think we don’t need to balkanize our supreme for now. I don’t think is ideal for Nigeria as a nation to have multiple of supreme Court” he asserted
He pointed out that once a matter is already decided at the court of appeal and Justices of court of appeal have given their opinion the matter should not have any place upstair adding, ” To me I don’t think we should have more than one supreme Court in the country”
