Bills to increase number of Federal High Court, Court of Appeal judges scale second reading in Senate

…To increase number of Court of Appeal judges from 70 to 110

…High Court judges from 70 to 90

By Henry Umoru

ABUJA — THE Senate has passed for second reading two bills seeking to expand the number of judges in the nation’s superior courts as part of efforts to decongest the judiciary and accelerate the dispensation of justice across the country.

The bills are designed to increase the number of Federal High Court and Court of Appeal judges.

The bills yesterday received overwhelming support during debate, with no senator opposing their passage for second reading.

The proposed legislation seeks to increase the number of judges of the Federal High Court from 70 to 90, while also raising the number of Justices of the Court of Appeal from 70 to 110.

The President of the Senate, Senator Godswill Akpabio, thereafter referred the bills to the Senator Adeniyi Adegbonmire (APC, Ondo Central)-led Senate Committee on Judiciary, Human Rights and Legal Matters for further legislative action and to report back in four weeks.

Presenting the lead debate on the general principles of the bills, the Senate Leader, Senator Opeyemi Bamidele (APC, Ekiti Central), who is the sponsor of the bills, said the measures were aimed at strengthening the nation’s justice system by enhancing its capacity to handle the growing volume of cases.

According to him, no democracy can thrive where citizens and institutions are unable to obtain prompt judicial determination of disputes, adding that the justice sector must be adequately equipped with the human and material resources necessary to perform its constitutional responsibilities effectively.

On the proposed amendment to the Court of Appeal Act 2004, the Senate Leader explained that the Court of Appeal occupies a strategic position within the Nigerian judiciary as the intermediary appellate court between trial courts and the Supreme Court, as established under Section 237 of the 1999 Constitution (as amended).

The objectives of the bill include increasing the number of Justices of the Court of Appeal from 70 to 110, ensuring equitable representation of all states and the FCT in the composition of the court, clarifying issues relating to seniority and ranking among justices, strengthening the court’s administrative functions, and improving the efficiency of appellate adjudication.

Bamidele argued that increasing the number of Federal High Court judges was both reasonable and necessary to significantly reduce the backlog of pending cases; improve access to justice through timely hearings and judgments; enhance the prosecution of corruption and financial crimes; boost investor confidence through faster resolution of commercial disputes; and strengthen adjudication in specialised sectors such as banking, telecommunications, maritime affairs, aviation, and intellectual property.

The bills received overwhelming support during debate, with no senator opposing their passage for second reading.

In his lead debate on the Court of Appeal, the Senate Leader said the Bill seeks to amend the Court of Appeal Act, Cap. C36, Laws of the Federation of Nigeria, 2004, to strengthen the administration of justice in Nigeria through the expansion of the court, modernization of its operations, and enhancement of access to justice.

“The Court of Appeal is a court empowered with appellate jurisdiction and occupies a strategic position within the Nigerian judiciary. It was established under Section 237 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), to serve as the intermediary appellate court between the trial courts and the Supreme Court of Nigeria. It is the final court in certain categories of disputes and the principal appellate court in most matters arising from the Federal High Court, State High Courts, National Industrial Court, Election Tribunals, Sharia Courts of Appeal, and Customary Courts of Appeal.

“Over the years, the Court of Appeal has experienced a significant increase in its workload arising from population growth, expansion of economic activities, increasing electoral disputes, constitutional litigation, commercial transactions, and the growing demand for judicial remedies. Unfortunately, the institutional capacity of the court has not expanded at the same pace as the volume and complexity of cases.

“Consequently, there is an urgent need for legislative intervention to reposition the court for greater efficiency, accessibility, and responsiveness to contemporary realities.”

On the objectives of the bill, Senator Bamidele said it seeks to increase the number of Justices of the Court of Appeal from 70 to 110.

“The passage of this Bill may have far-reaching benefits for the administration of justice in Nigeria and give rise to an efficient appellate court system, which is sacrosanct in our quest for national development, enduring democratic governance, and the rule of law.

“This Bill represents a timely and necessary reform of the Court of Appeal. It addresses longstanding structural and operational challenges while preparing the court to meet the demands of a rapidly evolving society. The proposed amendments are carefully designed to strengthen judicial capacity, modernize court operations, expand access to justice, and improve the overall efficiency of appellate adjudication in Nigeria.”

Presenting the lead debate on the Federal High Court Amendment Bill, the Senate Leader said he rose to lead the debate on the general principles of the Bill for an Act to amend the Federal High Court Act, Cap. F12, Laws of the Federation of Nigeria, 2004, to increase the number of Judges of the Federal High Court from 70 to 90, and for related matters.

“The essence of every judicial system is to ensure the timely and effective administration of justice, as justice delayed is justice denied. It is a known fact that no democracy can thrive where citizens and institutions are unable to obtain prompt judicial determination of disputes. As such, it is imperative that the justice sector is well equipped with both human and material resources to perform its constitutional role effectively.

“The Federal High Court, which was established under Section 249 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), occupies a strategic position within Nigeria’s judicial architecture. The court exercises exclusive jurisdiction over matters that are critical to the economic, political, and security interests of the nation. These include matters relating to revenue, taxation, customs and excise duties, banking and financial institutions, admiralty, aviation, telecommunications, citizenship, immigration, intellectual property, money laundering, terrorism financing, oil and gas operations, elections into certain offices, and numerous other federal causes.

“Over the years, the volume of cases before the Federal High Court has increased exponentially. The expansion of economic activities, growth in commercial transactions, advancements in technology, the emergence of cybercrimes, increasing anti-corruption prosecutions, and the complexity of modern governance have significantly expanded the workload of the court. However, in spite of these developments, the statutory number of judges of the Federal High Court has remained inadequate relative to the demands placed upon the court, which has resulted in congestion of court dockets; prolonged delays in hearing and determination of cases; increased cost of litigation to litigants; etc.

“It is imperative that our judicial institutions evolve in response to contemporary realities. The judiciary remains one of the three co-equal arms of government and must be adequately strengthened to effectively discharge its constitutional responsibilities. Section 249 of the Constitution expressly provides that:

‘The Federal High Court shall consist of such number of Judges as may be prescribed by an Act of the National Assembly.’

“From the foregoing provision, the Constitution places upon the National Assembly the responsibility of determining the appropriate number of judges necessary for the efficient operation of the court. This Bill seeks to discharge this constitutional responsibility by increasing the maximum number of Judges of the Federal High Court from 70 to 90.

“The proposed increase is both reasonable and necessary for several reasons, to wit: to significantly reduce the backlog of pending cases across the various judicial divisions of the court; to improve access to justice by ensuring that litigants receive timely hearing and determination of their matters; to enhance the effectiveness of anti-corruption and financial crime prosecutions which are predominantly handled by the Federal High Court; strengthen investors’ confidence in Nigeria’s economy by promoting faster resolution of commercial and investment-related disputes; and to improve the administration of justice in specialised sectors such as banking, telecommunications, maritime affairs, aviation, and intellectual property.

“Nations that seek economic growth and sustainable development must invest in strong and efficient judicial institutions. A robust judiciary is indispensable to the rule of law, economic development, protection of rights, and maintenance of public confidence in governance.

“The proposed increase under this Bill is therefore not merely an administrative adjustment; it is a strategic intervention aimed at strengthening the capacity of the Federal High Court to meet the growing demands of a dynamic and rapidly evolving nation.

“The financial implications associated with the appointment of additional judges are justified by the substantial benefits that will accrue from faster dispute resolution, improved judicial efficiency, enhanced revenue adjudication, and strengthened public confidence in the justice sector.”

In his remarks, Senator Akpabio said that with this development, justice will no longer be delayed because justice delayed is justice denied, adding that justice will now be brought to the doorsteps of every Nigerian and things will change.

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