As Justice Olukayode Ariwoola, the Chief Justice of Nigeria (CJN), prepares to form the panel responsible for addressing and ultimately deciding on all the petitions related to the 2023 presidential election, the Supreme Court will witness a reduction in its bench, with the number of justices decreasing to 11 by Thursday. This decline in the Supreme Court’s bench, reaching an unprecedented low, is the result of the retirement of Justice Amina Augie from Kebbi State.

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Although Justice Augie reached the mandatory retirement age of 70 on September 3, the court officially announced her retirement, which will take effect on Thursday, due to the delay caused by the court’s annual vacation, which ended on September 15, 2023. This development is significant given that the Supreme Court’s justices had previously increased to a record number of 20 in November 2020 when President Muhammadu Buhari elevated eight justices simultaneously.

The hope at the time was that, for the first time in history, the apex court would achieve the full complement of 22 justices as required by Section 230 of the 1999 Constitution, as amended. However, with the passing of Justice Sylvester Ngwuta on March 7, 2021, just 23 days before his retirement, and the subsequent retirement of Justice Rhodes-Vivour 14 days later, the Supreme Court was left with only 18 justices. Before their replacements could be appointed, Justice Samuel Oseji passed away in September 2021, less than a year after his appointment to the Supreme Court.

Additionally, Justice Mary Odili retired on May 12, 2022, and Justice Ejembi Eko retired on May 23, 2022. In a surprising move, CJN Justice Ibrahim Tanko Muhammad resigned in June 2022, and Justice Abdul Aboki retired on August 5 of the same year, further reducing the number of Supreme Court justices to 13.

Tragically, the sole justice from the South East region, Justice Chima Centus Nweze, passed away in Abuja on July 29 of the current year after a brief illness. With the mounting workload on the apex court, stakeholders have called for the prompt appointment of new justices. Research by Vanguard has shown that Justice Musa Dattijo Muhammad will retire by October 27, and CJN Justice Ariwoola will exit the bench on December 31.

The remaining justices on the Supreme Court bench include Kudirat Motomori Kekere-Ekun (to retire in 2026), John Inyang Okoro (2029), Uwani Abba Aji (2026), Garba Lawal (2028), and Helen Morenikeji Ogunwumiju (2027). Additionally, there are Ibrahim Saulawa (2026), Adamu Jauro (2029), Tijjani Abubakar (2030), and Emmanuel Agim (2030).

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Under the combined provisions of paragraphs 13(a) and 21(a) of the 3rd Schedule Part 1 of the Constitution, the National Judicial Council (NJC), in consultation with the Federal Judicial Service Commission (FJSC), has the statutory authority to nominate and recommend the appointment of Supreme Court justices to President Bola Tinubu. Section 234 of the Constitution stipulates that the Supreme Court must hear cases in panels of 5 or 7 justices.

Meanwhile, the court has announced that on Wednesday, the CJN will swear in nine newly appointed justices of the Appeal Court. These justices include Hannatu Azumi Laja-Balogun from Kaduna State, Binta Fatima Zubairu from Kaduna State, Peter Chudi Obiora from Anambra State, Okon Efreti Abang from Akwa Ibom State, Asma’u Musa Mainoma from the Federal Capital Territory, Lateef Adebayo Ganiyu from Oyo State, Jane Esienanwan Iyang from Cross River State, Hadiza Rabiu Shagari from Sokoto State, and Paul Ahmed Bassi from Borno State.