The judicial powers of the Federal Republic of Nigeria are vested in the Courts established by Section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The courts are established for the primary purpose of resolving disputes amongst litigants who approach it for the determination of their civil rights and obligations.

There are three traditional arms of government, viz- the legislature, the executive and the judiciary. The legislature is that arm which is concerned with law making whilst the executive arm of government is concerned with the enforcement of laws and policies. The judiciary interprets laws and resolves disputes. Under the governmental doctrine of separation of powers, each arm of government is not expected to encroach into the activities of the other arms of government.

In the exercise of its constitutional role of dispute resolution, the courts resort to interpretation of existing laws and regulations which are applicable to that dispute. The courts interpret the laws made by the legislature and make pronouncements on the rights of the parties before it. In performing this legal duty of interpreting the law, the courts are expected to take particular care to ensure that it pronounces on the rights of only the parties before it. This is an inveterate doctrine that has taken root in our jurisprudence and the Supreme Court has emphasized in a plethora of cases that a court is not expected to make a pronouncement in favour of a person who is not before the court as a party/litigant or who was not given the opportunity of being heard. Please see the cases of AlhajiMudashiruKokoro-Owo&Ors v. Lagos State Govt&Ors (2001) LPELR- 1699 (SC)and Comrade Mike Alioke v. Dr. Victor Ike Oye&Ors(2018) LPELR-45153(SC).



How Does the Supreme Court Make/Shape Policy?

It is necessary to emphasize as a preliminary point that the Supreme Court of Nigeria is the highest court in Nigeria and its decisions are binding on every person and authorities breathing the air in Nigeria. Under our principle of stare decisis, or judicial precedence, the decisions of the Supreme Court of Nigeria are followed and obeyed by all subordinate courts in Nigeria. Therefore, the pronouncements of the Supreme Court are not only meant for the benefit of the litigants who approach that court, but are also meant for the benefit of all Nigerians including the unborn generations whose rights may be likely affected by the reasoning and logic of the Apex Court. Therefore, although most of the points raised hereunder apply to almost all superior courts of record, the peculiar position of the Supreme Court as the highest court of the land (with nationwide jurisdiction) places its decisions in a position to influence the policy of the entire nation.

Read more: https://thefederation.com.ng/2020/11/14/the-supreme-court-as-a-policy-making-court-by-nonso-anyasi/