Kekere-ekun Makes History, Becomes CJN, Senior Lawyers Seek Reforms

·  President to Kekere-Ekun: Ensure defence of judiciary’s independence, uphold constitution

·  Pledges support, improved welfare, lauds Ariwoola for his service to nation

Deji Elumoye, Alex Enumah and Adedayo Akinwale in Abuja

History was made yesterday as Justice Kudirat Motonmori Kekere-ekun was sworn in as the acting Chief Justice of Nigeria (CJN) by President Bola Tinubu who administered the oath of office on her.

Justice Kekere-Ekun becomes the second woman to hold the position. The first woman was Justice Aloma Mariam Mukhtar. 

Also, yesterday, some Senior Advocates of Nigeria (SANs) listed several areas of reforms they believe would help reposition the judiciary.

The President charged her to remain faithful and loyal to the constitution of the Federal Republic of Nigeria in the discharge of her duties.

Speaking during Justice Kekere-Ekun’s swearing-in ceremony at the Council Chambers of the State House, Abuja, the President stressed the enormity of the responsibilities that come with the position of a CJN, the head of all judicial institutions in the country. 

Tinubu, further encouraged the Acting CJN to defend the judiciary’s independence, promote justice, strengthen mechanisms for integrity, discipline, and transparency, and pursue reforms to sustain public confidence in the judiciary. 

According to him: “Undoubtedly, the position of the Chief Justice of Nigeria comes with enormous responsibilities as the head of all judicial institutions in the country. It is a position of considerable influence that demands temperance and sobriety, the occupant must espouse the highest level of integrity in the discharge of duties. 

“This is more so because of the finality of the Supreme Court’s judgement. I therefore urge your lordship to be faithful and loyal to the Constitution when discharging your duty as the acting Chief Justice of Nigeria 

“I also encourage you to defend the judiciary’s independence, always promote course of Justice, strengthen mechanism for integrity, discipline and transparency in the judicial sector and pursue other reforms or initiatives to sustain public confidence in the judiciary”.

The President also pledged to prioritize the development and welfare of the judiciary and its officers, promising prompt and adequate attention to the sector, even as he emphasized the critical role of the Supreme Court in shaping public policies and evolving Nigeria’s constitutional democracy.

He assured the judiciary of his administration’s commitment to providing support, improving welfare and capacity, easing justice administration, and promoting the rule of law. 

Tinubu particularly highlighted the recent 300% increase in judicial officers’ remuneration through the Judicial Office Holder Acts of 2024 and the appointment of 11 Supreme Court Justices in December 2023, bringing the court to its full complement for the first time in decades.

His words: “We expect the apex court to continue to play a critical role in the evolution of our constitutional democracy and shape public policies that impact all segments of Nigerian society.

“I want to assure you that my administration will continue to provide appropriate support to improve the welfare and capacity of the judiciary, ease the administration of Justice and promote the rule of law in Nigeria.

“This consideration informed the expedited passage of the National Assembly and my consent to the Judicial Office Holder Acts of 2024, which approved a 300 percent increase in remuneration of judicial officers. 

“This came on the heels of the appointment of 11 Justices of the Supreme Court in December 2023, which enabled the Supreme Court to attain its full complement of 21 justices for the first time in decades.

“Let me also reassure you that the judiciary, under this administration, will continue to receive prompt and adequate attention in recognising its status as a driver of social order, rule of law, peace, security and economic development”.

Expatiating on the role the Supreme Court has played in the nation’s evolution, right from when it replaced the Judicial Committee of the Privy Council in 1963, President Tinubu noted that the court has sustained the existence of the country. 

“The Nigeria’s Supreme Court has come a long way since it was empowered by the 1963 Republican Constitution to take over from the then Judicial Committee of the Privy Council as the highest court in our judicial hierarchy.  

“Since then it has played a critical role in the evolution of our country, resolving complex legal conflicts, even under the military, and shaping public policies that impact all segments of the Nigerian society.

“Late Justice Thurgood Marshall, the American civil rights lawyer and first African-Ameican Justice of the US Supreme Court, once said and I quote, ‘the constitution is not a static document, but rather a living instrument that must be adapted to the changing needs of society’. 

“Following this entrenched tradition of the apex court, our Supreme Court, under our constitutional democracy, also recently interpreted the 1999 Constitution regarding the financial autonomy of the local council. To quote Marshall again, ‘it is emphatically the province and duty of judicial department to say what the law is'”, he said. 

The President commended the acting CJN for her remarkable rise through the ranks, from Magistrate to Supreme Court Justice, highlighting her exceptional talent, strong work ethics, and dedication to upholding principles and fairness.

Her ascension is seen as a beacon of hope for young women aspiring to break the glass ceiling and make a meaningful impact on society”. 

Tinubu noted her unique distinction of having practiced in every court as a lawyer, Magistrate, High Court Judge, Court of Appeal, and Supreme Court Judge.

The President also expressed gratitude to the immediate past Chief Justice of Nigeria, Justice Olukayode Ariwoola, for his 33 years of distinguished service to the judiciary and the nation.

Tinubu praised Justice Ariwoola’s long and honorable service, wishing him a healthy retirement and expressing hope that his experience and expertise will be utilised in future capacities.

Speaking to reporters after being sworn in, Justice Kekere-Ekun appealed to all Nigerians to collaborate with the Judiciary to achieve the desired change and improve its reputation.

She emphasised that improving the Judiciary is a collective responsibility, requiring cooperation from everyone to build confidence in the institution. 

The Acting CJN stressed that a better Judiciary benefits the entire nation and urged individuals to take personal responsibility for seeking justice.

She also highlighted the importance of a rigorous appointment process, discipline on the bench and at the bar, and faith in the system. 

Justice Kekere-Ekun expressed optimism that, with God’s grace, her tenure will yield a Judiciary that Nigerians can proudly behold. 

Meanwhile, some senior lawyers who spoke to THISDAY on her ascension to the number one office in the judiciary, noted that the image as well as reputation of the judiciary was at its lowest.

“It is stating the very obvious that the prevailing public perception of our judiciary is nothing comforting. That being so, it is very imperative to take urgent steps to restore public confidence in the judicial system”, Mr. Dayo Akinlaja, a SAN said.

Topmost on the mind of Akinlaja was the, “endemic problem of inordinate delay in justice delivery”, which another SAN, Reverend John Baiyeshea observed is the”most critical problem that we have now in our system of administration of justice in Nigeria.”

According to the lawyers, apart from political cases which are usually expeditiously heard by the apex court as a result of the limited term or number of years of political offices, other cases in other areas, particularly civil litigation take an average of 15 years ( or more in some cases), for such cases to have the slightest chance of being heard, from the time it is filed.

“From my personal experience, I handled a matter that took me about 20 years to have it determined by the Supreme from 1999 when I commenced the action at the Federal High Court, Ilorin, and finally determined by the Supreme Court in 2018. It was a simple case of wrongful termination of the Appointment of a Senior Lecturer by the University.

“The sad and tragic situation is that, the lecturer died in January 2019 few months after the judgement and she did not enjoy the fruits of the judgement that was delivered in her favour.

“There are so many cases like this in which people perish waiting for justice.

This is because the case load at the Supreme Court is terribly heavy, in that every issue of litigation(even ordinary case of one person slapping another, that is assault), ends up at the Supreme court for final determination”, Baiyeshea stated.

 To address this issue, Baiyeshea said that the new CJN should work with critical stakeholders in the Judiciary, Legislature, Executive, NBA and the legal profession generally, to work on legislation to limit the category of cases that can get to the Supreme Court.

Akinlaja on his part, said that the new CJN should pursue constitutional amendment to ensure speedy disposition of cases, adding that with the improvement in the remuneration of the judicial officers, the motivation should naturally be there for the bench to do more in terms of expeditious determination of cases.

“It is my conviction that with improvement in the rate of concluding cases in court, public confidence will soar in the system”, he said.

Another burning issue the lawyers want Kekere-ekun to urgently address is corruption. According to Baiyeshea, “Corruption is a hydra headed monster that has destroyed and still destroying the country of which the judiciary is an integral part”.

While pointing out that several allegations of corruption stands against some justices and judges particularly during election cases, he stressed that “these allegations cannot be wished away or dismissed with a wave of the hand.

“In fact, it is because of this issue of corruption that limiting the kind or type of cases that can get to the Supreme Court may face severe challenges, in that if judges of lower courts are compromised because of corruption at such lower courts (as we often see in political cases or high profile commercial cases with stupendous and humongous amounts of money involved), injustice at such levels will be for ever”.

Baiyeshea concluded that if the new CJN can deal with issues of delay in hearing cases, corruption and stem the tide of appointment of incompetent people as Judges and Justices (also a product of corruption) which have always been perennial and generational problems, she would have achieved a lot.

Besides the issue of delay and corruption, Akinlaja harped on the need for the new CJN to introduce measures that would improve disciplinary control among all stakeholders, adding that “Once errant officials in the system are promptly and appropriately brought to book, there will be a decrease in shortcomings concerning abuse of position in whatever form”.

Akinlaja also wants Kekere-ekun to comprehensively address the issue of appointment and elevation of judicial officers because there is so much discontent in the public space concerning recent developments in this regard.

“This is one of the areas to be improved upon to shore up public confidence in the system”, he said.

“Issues of inconsistent and conflicting decisions of courts of coordinate jurisdiction is another bothersome vitiating factor in public perception and must be decisively dealt with.

“The list of what to do is virtually inexhaustible. And it is a matter of commonplace knowledge that these and many more need to be done for the health of the system.

“All we need pray for is the will and the wherewithal to do all for the sake of the desired and deserved improvements”, Akinlaja added.

For a former President of the Nigerian Bar Association (NBA), Chief Olisa Agbakoba, SAN, Nigerians are eager to see genuine reforms in the judiciary beyond the change of baton from Justice Olukayode Ariwoola (Rtd) and the new CJN.

“We are witnessing yet another ritual of handing over of the Judicial baton with the swearing in of Justice Kudirat Kekere-Ekun. But it’s not about swearing in!! It’s about whether we will see radical reforms finally.

 Agbakoba stated that the last time the judiciary had a CJN that truly wanted to reform the justice sector was during the tenure of the Late Justice Dahiru Musdapher.

 ” I was his consultant on Speed of Justice. Unfortunately, CJN Musdapher only had 6 months in office. He set up a high powered 29 person committee that produced a transformational report.

 “The Late CJN led a team to the then president of the senate, David Mark, to present far reaching reforms to the constitutional structure of the Judiciary.

 “As soon as the CJN turned his back everyone forgot about it”, he said in a statement to journalists on Friday.

Agbakoba however, stated that the potential legacy of the new CJN is transformational and radical reform with the fundamental objective of case management driving how the courts work.

On his part, Lagos State Governor, Babajide Sanwo-Olu, hailed the seamless transition of power in the Judiciary, following the swearing-in of Justice Kudirat Kekere-Ekun as the new Acting Chief Justice of Nigeria (CJN).

Sanwo-Olu lauded President Tinubu for ensuring a smooth transition, cutting his trip short to oversee the swearing-in ceremony, thereby maintaining the integrity of the democratic process. 

He also praised the National Assembly for its representation at the ceremony.

The Governor expressed excitement about Justice Kekere-Ekun’s appointment, noting her outstanding judicial career, having progressed through all levels of the court system. 

As a Lagosian, Sanwo-Olu welcomed her ascension to the highest judicial office, emphasizing the importance of a clear separation of powers and mutual respect among branches of government.

He prayed for God’s guidance and enablement for Justice Kekere-Ekun to lead the Judiciary effectively, upholding the principles of justice and ensuring that the Judiciary remains the final bastion of recourse for the people.

Also, the Speaker of the House of Representatives Hon. Abbas Tajudeen, urged Kekere-Ekun to uphold the principle of fairness and justice in undertaking this serious national assignment.

The Speaker, in a statement issued by his Special Adviser on Media and Publicity, Musa Krishi, expressed optimism that  the acting CJN would bring reforms that would enhance the efficiency and effectiveness of Nigeria’s judicial system.

He expressed the readiness of the 10th House to work with the judiciary under Justice Kekere-Ekun’s leadership to deepen Nigeria’s democracy.

While wishing the acting CJN a successful tenure, the Speaker urged her to uphold the principle of fairness and justice in undertaking this serious national assignment.

Abbas also commended  Ariwoola for his efforts towards reforming the judicial arm of the government while wishing him happy retirement.

The event was witnessed by Senate President, Senator Godswill Akpabio; Ariwoola; former Chief Justice of Nigeria, Justice Mahmud Mohammed; Justices of the Supreme Court, senior judicial officers, and some members of the Federal Executive Council. 

The family of the acting Chief Justice of Nigeria, led by her spouse, Mr. Akin Kekere-Ekun was also present at the State House Council Chamber.