by Olaitan Babatunde
When Nigerians hear that the Supreme Court has delivered a judgment, the reaction can be almost as dramatic as the judgment itself. Supporters celebrate, opponents complain, politicians issue statements and social media quickly turns the decision into another political battle. This is understandable because the Supreme Court is Nigeria’s highest court and its decisions can determine who occupies an elected office, settle disputes between governments and shape how important parts of the Constitution are understood. But there is an important distinction between having enormous judicial authority and having unlimited power. The Supreme Court can decide only matters that fall within the jurisdiction given to it by the Constitution and other laws.
The Court has two major types of jurisdiction: original and appellate. Its original jurisdiction means that certain disputes can begin at the Supreme Court itself rather than passing through lower courts. Section 232 of the Constitution gives it exclusive original jurisdiction over disputes between the Federation and a state, or between states, where the dispute concerns the existence or extent of a legal right. The Supreme Court’s jurisdiction has also been expanded by legislation to cover certain disputes involving the National Assembly and the President, a state government or a State House of Assembly. This is why a dispute between Abuja and a state government can sometimes end up directly before the country’s highest court. The Court is not simply choosing which politician is right. It is determining the legal rights and obligations involved in the dispute.
Most of the time, however, the Supreme Court is acting as an appeal court. Section 233 gives it jurisdiction to hear appeals from the Court of Appeal. This includes important constitutional questions, fundamental rights matters and certain civil and criminal cases. It also has specific constitutional jurisdiction over questions concerning whether a President, Vice President, Governor or Deputy Governor was validly elected, whether their term has ended or whether their office has become vacant. This is one reason the Supreme Court becomes so important during and after elections. But there is a detail Nigerians often miss: not every election dispute reaches the Supreme Court. Election petitions concerning National Assembly and State House of Assembly seats are determined through election tribunals, with appeals ultimately ending at the Court of Appeal. The Constitution specifically makes decisions of the Court of Appeal in appeals arising from National and State Houses of Assembly election petitions final. Governorship and presidential disputes follow different appellate routes and can reach the Supreme Court.
The Court’s influence also extends beyond elections because judges regularly interpret the Constitution and legislation. This is where a judgment can have consequences far beyond the people who brought the case. Suppose a dispute asks whether a government action is consistent with the Constitution. The Supreme Court may have to determine what the relevant constitutional provision means and whether the government acted within its legal powers. That interpretation can then guide how similar disputes are treated in the future. The Court has itself described its role as that of a guardian of the Constitution and final arbiter in legal disputes. This is why a Supreme Court judgment can affect public policy without the Court actually making a new government policy. The judges interpret and apply the law. Government officials and lawmakers remain responsible for making and implementing policy within the boundaries established by law.
But this is also where citizens sometimes give the judiciary more power than it actually possesses. The Supreme Court does not make the national budget, construct roads, appoint ministers or run elections. It does not replace the President, Governor or National Assembly simply because a case has been brought against them. Courts decide cases properly brought before them and issue remedies within their legal powers. They cannot simply wake up one morning and decide that a particular government policy should change because judges personally dislike it. Even the Supreme Court’s own original jurisdiction is defined by law, and its appellate jurisdiction is limited to matters that can properly come before it. In other words, judicial power is powerful precisely because it is structured by law.
There is another important point: a Supreme Court judgment is not a suggestion. Section 235 of the Constitution provides that, subject to the constitutional power of the President or a Governor concerning prerogative of mercy, no appeal lies to any other body or person from a determination of the Supreme Court. This finality is one reason Supreme Court decisions carry such enormous weight. But finality does not mean judges are above the Constitution. The Constitution is the country’s supreme legal framework, and the Court’s authority comes from it. The judiciary itself operates within that framework.
For ordinary Nigerians, understanding the Supreme Court is therefore less about memorising legal jargon and more about knowing where judicial power begins and ends. When two governments fight over constitutional powers, the Court can determine their legal rights. When an election dispute falls within its jurisdiction, it can determine whether an election complied with the law. When a constitutional question comes before it, its interpretation can shape how government operates. But it cannot govern the country in place of elected officials. The President still makes executive decisions, the National Assembly makes laws and appropriates public funds, and state and local institutions carry out their respective functions. The Supreme Court is not Nigeria’s government. It is the institution that, within its jurisdiction, decides what the law permits and what the law requires. And when citizens understand that distinction, court judgments become easier to understand as constitutional decisions rather than simply victories or defeats for whichever political party they support.
