CONSTITUTIONAL LAW — Supreme Court — Constitution of Court — Directory Nature of Seven-Justice Panel Requirement
Principle Statement
The requirement in Section 234 of the Constitution that the Supreme Court shall sit in a panel of seven justices for certain constitutional appeals is directory, not mandatory. It should not be interpreted as making a seven-justice panel the rule rather than the exception.
Ratio Decidendi (Source)
Per Tabai, JSC, in Associated Discount House Ltd v. Amalgamated Trustees Ltd No 2 (2007) NLC-123-289-2002(SC) at p. 17; Paras A–B.
"If the construction urged by learned senior counsel for the respondent/applicant is upheld, this court would end up sitting in a panel of seven in practically every case. That would make a panel of seven of the Supreme Court the rule rather than the exception and I think that would be the very antithesis of the provisions of Section 234 of the Constitution."
Explanation / Scope
The Constitution requires a seven-justice panel only for appeals involving substantial questions of constitutional interpretation. It does not require such a panel for every appeal. Interpreting the provision as mandatory would create administrative difficulties and undermine the court’s efficiency. The term “shall” in this context is directory, allowing the court some discretion. The key is that only truly substantial constitutional questions warrant the larger panel. The principle balances constitutional fidelity with practical judicial administration.
