An Apex Milestone: Hon. Justice Kudirat Kekere-Ekun Is New CJN

By Keem Abdul

History took a giant leap forward when the Honorable Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, CFR was sworn into office as the acting Chief Justice of Nigeria. The swearing-in ceremony in Abuja, which was presided over by President Bola Ahmed Tinubu, made Justice Kekere-Ekun the second female jurist to take the helm of Nigeria’s apex Court – after the history-making ascension of Hon. Justice Alooma Mariam Mukhtar in 2012.

If, as expected, she is confirmed as substantive CJN by the Nigerian Senate (to whom the President sent her name for official confirmation), Kekere-Ekun will be the 23rd Chief Justice of Nigeria, the latest in a long line of eminent jurists who have ascended to the top of Nigeria’s judicial totem pole. Her predecessors, whose roles date back from colonial times, include five British nationals, namely: Sir Edwin Speed (1914–1918); Sir Ralph Combe (1918–1929); Justice Donald Kingdon (1929–1946); Sir John Verity (1946–1954); and Sir Stafford Foster-Sutton (1955–1958). The seventeen Nigerian jurists who have presided over the Court since 1958 are: Sir Adetokunbo Ademola (1958–1972); Hon. Justice Teslim Olawale Elias (1972–1975); Sir Darnley Alexander (1975–1979); Hon. Justice Atanda Fatai-Williams (1979–1983); Hon. Justice Sodeinde Sowemimo (1983–1985); Hon. Justice Ayo Irikefe (1985–1987); Hon. Justice Mohammed Bello (1987–1995); Hon Justice Mohammed Uwais (1995–2006); Hon. Justice Modibbo Alfa Belgore (2006–2007); Hon. Justice Idris Kutigi (2007–2009); Hon. Justice Aloysius Katsina-Alu (2009–2011); Hon. Justice Dahiru Musdapher (2011–2012); the aforementioned Justice Aloma Mukhtar (2012–2014); Hon. Justice Mahmud Mohammed (2014–2016); Hon. Justice Walter Onnoghen (2017–2019); Hon. Justice Tanko Muhammad (2019–2022), and the immediate past CJN, Hon. Justice Olukayode Ariwoola (2022–2024).

Justice Kekere-Ekun’s elevation, which automatically confers on her the Chairmanship of the National Judicial Council (NJC), comes at a time when the Supreme Court is yet to recover from the fatal blow dealt to its reputation of late, no thanks to some of its rulings, especially on electoral and other political matters – a perception that was most painfully reinforced by the recent indictment of no less than an eminent jurist and a retired Justice of that very Court, Hon. Justice Musa Dattijo Muhammad, who described it as a den of ‘judicial bandits’ and ‘bribe-takers.‘ From allegations of corruption, both in the administration of the Court and in the determination of cases before it, the Court is undergoing a serious credibility crisis.

The Supreme Court of ANY democratic nation is a critical institution indeed; it is not just a court of law, but also a policy-making body with the potential to shape the well-being of the society it serves. The Nigerian Supreme Court is no exception, at least in principle. However, it does seem to many observers that the present structure of the Court is its albatross, for a number of reasons.

One, Justices of Nigeria’s Supreme Court are arguably the most over-worked judicial officers anywhere in the world. This, some observers say, is responsible for the high mortality rate on the apex Court in recent years. As an appellate Court with country-wide jurisdiction, the Court entertains all manner of appeals – including frivolous matters that ordinarily shouldn’t be its business. In electoral matters in particular (whether pre-election or post-election) the Court has both original AND appellate jurisdictions – thereby placing an enormous responsibility on the shoulders of Justices. It was for this reason, therefore, that the immediate past CJN, Justice Ariwoola advocated measures to reduce the burden on the Supreme Court.

Two, perhaps because of the above, cases before the Court take too long to reach a resolution; and as the saying goes, justice delayed is justice DENIED. This perhaps lends credence to calls in certain circles for either the appointment of more Justices in appellate Courts of record – including the Supreme Court – or a decentralization of its role (ie the establishment of state-level or zonal Supreme Courts whose rulings would also be final).

Three, the remuneration of Judges and Justices in Nigeria leaves much to be desired, in the view of many observers, who claim that this state of affairs is a contributor to instances of jurists and other judicial officers compromising their oaths of office by taking bribes to influence judgments.

In view of the above, then, Justice Kekere-Ekun has her work cut out for her. Having reached the pinnacle of her judicial career, it is only fitting to celebrate her achievement. But, as she well knows, she will come under intense scrutiny (not to mention suspicion), going forward. The onus on her at this time, therefore, is to summon the moral courage to help improve the image of the Court during her tenure. Thanks to her pedigree, the historic nature of her appointment is seen by many, not only as a progressive step forward in promoting gender equality in the judiciary, but also as a tool to influence key legal reforms and strengthen the independence and integrity of Nigeria’s judicial system.

Fortunately, this is a mandate for which she is eminently qualified. Born on May 7, 1958 in London, UK, Kudirat Kekere-Ekun (nee Fashinro) is the eldest of eleven children born to Senator Hassan Adisa Fasinro, OFR, a lawyer and author who once represented Lagos State in the national assembly, and his wife, Winnifred, a UK-trained Public Health Nurse who retired from the Lagos State civil service. The young Kudirat attended Queen’s College, Lagos, before studying Law at the University of Lagos; she obtained her LL.B in 1980. She was called to the Nigerian Bar in 1981 after her Law School training. She also holds a master’s degree in Law from the London School of Economics and Political Science (LSE). A member of numerous professional associations, she is a Life Bencher and Fellow of the Nigerian Institute of Advanced Legal Studies. She has been married since 1983 to Mr. Akin Kekere-Ekun, OFR, a former bank MD, and their union is blessed with three children.

Having joined the Bench after a brief stint in private practice, she was appointed as a Senior Magistrate Grade II by the Lagos State Judiciary in 1989; this was followed in 1996 by her designation as a Judge of the High Court of Lagos State. She was elevated in 2004 to the Court of Appeal, where she served in five Judicial Divisions across the country. She became a Justice of the Supreme Court in July 2013 – which at the time made her the 5th woman to be so elevated in the history of the Court.

Justice Kekere-Ekun’s Supreme Court career is marked by many landmark decisions, most notably the controversial judgment that sacked Emeka Ihedioha and affirmed Hope Uzodinma as Governor of Imo State.

As Nigeria celebrates her second-ever female CJN, it is pertinent to realize that justice is not simply about the number of laws enacted, or crimes reported, or court cases prosecuted. It is, rather, about the lives of the common people and the justice outcomes they receive (or fail to receive). If Justice Kudirat Kekere-Ekun embodies this principle (and therefore justifies the groundswell of optimism that has built up in many quarters since her appointment as acting CJN), then the Supreme Court, is set to reclaim its lost credibility, and to erect the building-blocks for a more glorious judicial future.