A Discourse on Amicus Curiae Participation in the Jurisprudence of the Supreme Court of Nigeria

Abstract

Amicus curiae participation is an established practice in the Nigerian legal system yet there is a paucity of research on its influence in judicial decision making within Nigeria. This paper explores the legal provisions that provide a basis for amicus curiae participation at the Supreme Court of Nigeria; the practice at the Court and the influence of amicus curiae briefs on the jurisprudence of the Court. The article adopts the doctrinal method of research. Proceeding from a review of relevant literature it utilises keyword searches in law reports and other legal repositories to identify Supreme Court cases in which amicus curiae participated. The cases are analysed for the contributions of amici. Over a period of fifty years (1971 - 2021) we identified ten cases in which amici curiae filed briefs and participated. This suggests a low incidence of amicus curiae participation at the Supreme Court. Findings from the research are that the Supreme Court adopts the traditional mode of amicus curiae; participation of amici has influenced the jurisprudence of the Court and has contributed to the Supreme Court overruling itself. The practice of the Supreme Court is to invite eminent senior legal practitioners when it considers itself to be in need of assistance. Only rarely have amici appeared on their own application. The Attorney General of the Federation (representing the Executive Branch) is the most frequent amicus curiae. The paper concludes with suggestions for further research.