The National Judicial Institute (NJI) says conflicting judgements and orders which sometimes arise from courts of coordinate jurisdiction are not signs of judicial failure.
The NJI Administrator, Justice Babatunde Adejumo, stated this on Thursday in Abuja at the pre-conference media briefing of the 2025 All Nigerian Judges’ Conference.
Adejumo, while responding to the recent conflicting orders handed down by courts in Abuja and Ibadan ahead of the Peoples Democratic Party (PDP)’s national convention, said these are inherent part of the justice system that contribute to the evolution and clarification of the law.
He explained that differences in judgements or orders arise from judges’ interpretations of facts and evidence placed before them by parties.
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Adejumo, former President of the National Industrial Court of Nigeria (NICN), said such interpretations would also depend on the peculiarities of the cases and the judges’ understanding of the law.
“Judges give judgements based on the facts presented before them and the evidence proved.
“Even in the United States, which has one of the oldest and most sophisticated judicial systems, state’s courts often give different opinions on similar issues,” he said.
He explained that such differences are natural and are resolved through the hierarchy of courts; from the High Courts, the Court of Appeal to the Supreme Court.
“If two or three courts give conflicting decisions on the same subject matter, appellate courts exist to resolve them.
“Whatever the Supreme Court decides becomes final and binding,” he stated.
The administrator, however, said that while lower courts are not bound by decisions of courts of coordinate jurisdiction, it would amount to “judicial rascality” for a lower court to contradict a judgment of a higher court.
“Once the Supreme Court has spoken, no division of the Court of Appeal or lower court should issue a contrary decision, except for clarifying ambiguities in interpretation,” he added.
Adejumo, therefore, said that there was the need for reforms in court procedures to minimise conflicting rulings.
According to him, litigants should be required to swear to an affidavit affirming that the same matter brought has not been presented before any other court.
He said such rules, if breached, would amount to perjury.
Reflecting on his 30-year career on the bench, Justice Adejumo recounted his experience as a former President of the NICN, noting the institutional evolution that elevated the court to a superior status in Nigeria’s judicial hierarchy.
“When I assumed office in 2003, the National Industrial Court had only two divisions in Lagos and Abuja, and just 123 staff members.
“Through sustained advocacy, we secured the enactment of the National Industrial Court Act, 2006 and later championed a constitutional amendment that established the court as a superior court of record,” he recalled.
He said the amendment, achieved after extensive consultation with the National Assembly and the endorsement of 33 state assemblies, made the NICN the fourth highest court in Nigeria’s judicial hierarchy.
He said the development also granted its president full membership in the National Judicial Council and Federal Judicial Service Commission.
He described NJI as “the heartbeat of the Nigerian Judiciary” and a forum where judges engage with the public, legal professionals and journalists to assess and improve judicial performance.
He, therefore, reaffirmed his commitment to strengthening judicial education through the institute.
Adejumo also used the occasion to correct misconceptions about the judicial process, stressing that judges do not engage in “voyages of discovery” to secure convictions.
“A judge does not manufacture evidence. In criminal cases, guilt must be proven beyond reasonable doubt.
“Any element of doubt must be resolved in favour of the accused,” he explained.
He further emphasised that judgments are based strictly on facts, evidence, witnesses, the law and precedents.
“It is better for one hundred guilty persons to go free than for one innocent person to be wrongly convicted,” the administrator said.
He expressed optimism that the upcoming 2025 All Nigerian Judges’ Conference would further deepen judicial understanding, enhance professional standards and strengthen public confidence in the nation’s justice system.
