This stirred my interests in the ICJ

By Prince JK

This stirred my interests in the ICJ, and I took a moment to look at the history of Nigerians in that system.

Congratulations to Prof Dapo Akande on his nomination to the ICJ against Feb 2026 starting session. Hopefully he would be elected successfully in Oct 2025. Nigeria has been represented in the ICJ a few times, so it is not the biggest deal again, but definitely a great individual accomplishment. 

Also, it is still a nomination, and not all nominations eventually lead to an appointment. Dr Olufemi Elias was nominated in 2019, against Feb 2020 starting session of ICJ, but he wasn't elected (Absolute majority votes in UN general assembly and Security council are separately required for the election of ICJ judges).

Aside for regular ICJ judges, there are Adhoc Judges who are appointed for a specific case. When a state has a case at the ICJ, and it has no national sitting on the ICJ, it has a privilege to nominate an Adhoc Judge, whose appointment lasts for the duration of the case. More often than not, the adhoc judge is not a citizen of the state nominating them. While working on a case, the adhoc judges have similar privileges as the regular ICJ judges. Here is a list of Nigerian Judges of ICJ.

*Judge Sir Louis Mbanefo (May 1911-Mar 1977):* Adhoc Judge, 1962-66 (first Nigerian to sit on ICJ) 

Sat over the case of Liberia and Ethiopia vs South Africa, over the SA stewardship in South-Western Africa (now Namibia).

First known Lawyer from the Eastern Nigeria. Supreme Court Justice (1952). Seconded to Eastern Region as CJN in 1961. After the adhoc-Judge service at the ICJ, he continued as East CJN in 1966, and upgraded to CJN of Biafra in 1967, when the war started. 

*Judge Charles D. Onyeama (Apr 1916-Sep 1999):* 1967-76 (first Nigerian ICJ permanent judge)

His election followed a complaint over African under-representation, to increase African rep on the ICJ to 2 for the first time. Current African rep on the court is 3 of 15 (Ugandan VP, Somalia and SA)

*Judge Taslim Olawale Elias (Nov 1914-Aug 1991):* 1976-91 (death). 

Sacked as CJN (1972-75) by Muritala Mohammed arrival in July 1975. UN elected him 3 months later (in Oct 1975) to serve in ICJ from Feb 1976 to 1985. He was relected for another 9 years to end in 1994, but died in Aug 1991. In his first term in ICJ, he was elected VP, 1979-82. Didn't finish his term, because the President died in 1981, so he became the acting president for the rest of the term. He was elected the President (1982-85), the first African in that role.

*Judge Prince Bola Adesumbo Ajibola (Mar 1934 - Apr 2023):* 1991-94. 

UN elected him in Oct 1991 to finish the 2nd term of Elias

*Dr. Olufemi Elias:* Adhoc Judge, 2022- (ongoing)

Appointed in 2022 to sit on the panel looking into Guinea vs France litigation, in which Guinea is looking for a return of properties France seized in a criminal proceeding.  Femi Elias was nominated for the ICJ in 2019 for a session starting in Feb 2020, but he was not elected. 

*Judge Chile Eboe-Osuji (1962- ):* Served on the ICC (not to be confused with ICJ) from 2012 to 2011. President of the ICC, 03-2018 to 03-2021

President of the ICC, 03-2018 to 03-2021. The only Nigerian ICC judge since the court opened in 2003. 

*Difference between ICJ and ICC* ICJ is a UN agency, arbitrating on disputes between states.  ICC is a criminal court to try individuals, mostly statesmen and national figures, for crime against humanity, ethnic persecution, etc. ICC is independent of the UN.

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