Toba Owojaiye reporting
Abuja , Nigeria
In a strategic and much needed move to restore credibility to the nation’s legal system, the Body of Benchers has appointed former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to head a committee addressing the escalating issue of conflicting court judgments in the country.
This decision was revealed by Emeka Ngige (SAN), the representative of the Body of Senior Advocates of Nigeria (BOSAN), during a Special Court session held in honor of the late Justice Edith Nneka Neolita Agbakoba.
Truth Live News gathered that the committee comprised heads of federal and state courts, including the President of the National Industrial Court, as well as Benchers from BOSAN and retired judicial officers. The Body of Benchers, responsible for formal Bar calls and disciplining erring lawyers, is currently chaired by retired Supreme Court Justice Mary Peter Odili.
Conflicting judgments in pre-election and post-election litigations have significantly undermined the doctrine of stare decisis, according to Ngige.
He emphasized the importance of precedents in maintaining legal certainty, expressing concern that the absence of such precedents allowed judicial decisions to be subjective. Ngige lauded the timely intervention of the Body of Benchers and expressed hope for a lasting solution to rectify this detrimental trend.
The committee’s mandate, decided during the Body of Benchers’ meeting on November 30, 2023, is to address conflicting judgments and related issues affecting the judiciary. Ngige urged widespread publicity for the committee’s work to encourage input from legal professionals and the public, emphasizing the need for collaborative efforts to curb this worrisome trend.
The origin of this initiative traced back to the Body of Senior Advocates of Nigeria (BOSAN), which, in an emergency meeting in January 2019, established a committee to address conflicting judgments. However, the efforts were stalled after a letter containing the committee’s recommendations was sent to then Chief Justice of Nigeria, Justice Walter Onnoghen, who was subsequently forced out of office.
Ngige, in his address, commended the Body of Benchers for its proactive stance and highlighted the urgency of resolving the issue. He also paid tribute to the late Justice Edith Agbakoba, describing her as a dedicated judicial officer who dispensed justice with a focus on substantial justice rather than technicalities.