The three D theories Danger, Dangerous and Death of Nation. By I. B. Birema Esq.,
By virtue of section 234 of 1999 constitution as amended. The issue of four (4) Justices overruling the remaining seventeen (17) Justices of the Supreme Court. For the purpose of exercising any jurisdiction conferred upon it by this constitution or any law, the Supreme Court shall be duly constituted if it consists of not less than five (5) Justices of the Supreme Court;
Provided that where the Supreme Court is sitting to consider on appeal brought under section 233(2) (b) or (c) of the constitution, or to exercise its original jurisdiction in accordance with section 232 of this constitution, the court shall be constituted by seven Justices. The wisdom of section 233(2)(b) &(c) where proceedings involves questions as to the interpretation or application of the constitution and where there is a breach of fundamentals Rights.
And twenty-one (21) Justices to seat on a particular matter at once?
The Supreme Court of Nigeria is the highest Court in Nigeria, and is located in the Central District , Abuja, in what is known as the three Arms Zone FCT., In 1963, the Appeals from the Federal Supreme Court to the Judicial committee of the privy council were abolished at that point, and the Supreme Court become the highest court in Nigeria.
The Supreme Court in its current form was shaped by the Supreme Court Act of 1990 and by Chapter vll of the 1999 constitution of Nigeria.
The splitting of the Supreme Court into regional Courts needs a constitutional amendment by the National Assembly. Because of the structure and organization of the appointment of the Supreme Court Justices. The Supreme Court is composed of the Chief Justice of Nigeria and such number of Justices not more than 21, appointed by the President on the recommendation of the National Judicial Council, (NJC) and subject to confirmation by the Senate.
And NJC is one of the Federal Executive Bodies created by virtue of section 153 of the 1999 constitution of the Federal Republic of Nigeria.
To collect, control, and disburse all money’s, capital and recurrent, for the Judiciary. According to the one of the D is decongestion of the Supreme Court!, Prison and Cause list. Nigeria has population of about 190million people with different backgrounds and religious beliefs, splitting the Supreme Court will causes more harm than good. Splitting simply means break or cause to break forcibly into parts; some registers words are more appropriate in the matter at hand rather than splitting. This why I consider the three D as Danger, Dangerous and Death of Nigerian Unity. It’s simply causing grievous body harm, or able or likely to cause harm or injury to the nation unity. The three D may cause treacherous, threatening or likely to cause problems or to have adverse consequences unpredictable, insecure system.
Notwithstanding, the four Justices of the Supreme Court overruled the remaining Justice, According to section 231 (3)
“A person shall not be qualified to hold the office of Chief Justice of Nigeria or of Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years. And also its shall be a duty and responsibility of all organs of government, and all authorities & persons, exercising legislative, executive or Judicial powers, to confirm to, observe and apply the provisions of the constitution. He who comes to equity must do equity.
The 3Ds theory is involve the Amendment of the constitution. The constitution provides that an amendment may be proposed with a two thirds majority vote in both the Senate and the house of representatives. And the 1999 constitution of the Federal Republican of Nigeria recognised the doctrine of separation of powers. The theory of three D is danger, dangerous and death is against the public, order and good governance.
I. B. Birema Esq.,