‘A DANIEL HAS COME TO JUDGMENT’ 

Kekere-Ekun is well prepared for the tremendous responsibility of being the Chief Justice of Nigeria, reckons Chidi Anya

As Nigeria strives to build a better nation, one where the rule of law prevails and the rights of her citizens are honoured, the nomination of a new leader for the third arm of government should ordinarily be newsworthy. This is especially so as the Chief Justice of Nigeria of Nigeria heads a largely unified judicial system which has enormous powers to do good. Since the return to democracy in 1999 several distinguished jurists have served in that role guiding the country to the best of their abilities in developing and entrenching the rule of law.

We are again at an inflection point as the tenure of the Chief Justice formally ends with his attainment of the mandatory retirement age. The National Judicial Council has formally nominated the most senior Justice of the Supreme Court (by years served on the Court) in consonance with the established practice.  

The interpretation and enforcement of our laws can serve as an engine for growth and development of the economy and enhancing the lives of the citizens of Nigeria. Ensuring the sanctity of contracts while protecting the rights of citizens requires a somewhat delicate balance. To steer a smooth way through the competing interests requires a leader with deep knowledge and understanding of the law and many years of experience administering those laws. In addition, patience, tolerance and meticulousness are essential for anyone expecting to successfully lead the Nigerian judiciary, an institution on which the liberty of the entire citizenry may rest.

In our recent history it could credibly be argued that no jurist has been as prepared to lead this arm as the current nominee. My Lord started at the Magistrate Court where as a young counsel, appearing before her was a delight, seeing the manner in which the court took its duties to dispense justice in a timely manner very seriously. Despite the swift administration of justice, there was no room in that court for any sloppiness from unprepared or indolent Counsel. This was a Court that took its duties very seriously.

On elevation to the High Court, it remained evident that the diligence of the Court was exceptional with no undue delay in the determination of matters before the Court.  Hers was a court that seemingly took to heart the aphorism “justice delayed was justice denied. The court’s decisions were always well researched and often an exposition of the best traditions and principles of the law. Many who heard these decisions delivered often remarked that this was a Court destined for higher offices.

Unsurprisingly, My Lord was soon elevated to the Court of Appeal serving in various roles in this Court including as Presiding Judge in various Divisions

My Lord shone even brighter, becoming increasingly recognised as a consensus builder, a wise counselor and an erudite jurist. The years of devotion paid off when a nomination to the hallowed chambers of the Supreme Court came, rewarding the diligence and devotion of several years.

Over the years my Lord has been a torch bearer of the law as a tool for economic development. Her contributions indicated a recognition that where the rule of law is upheld, the people thrive, and opportunities are created.  

Having been privileged to observe her work over many years I can testify that my Lord is an avid listener and learner, one who firmly believes that training and learning are essential in the development of great Jurists.

History has prepared My Lord for a time such as this having undergone tutelage at virtually every tier of the bench from the lower rungs to the present exalted position.  My Lord is thus very well prepared for the tremendous responsibility of being the Chief Justice of Nigeria. Having served in all these capacities, acquiring a unique depth of knowledge and experience, my lord is well positioned to be a change agent; a quiet reformer restoring hope, faith and confidence in an institution that has in the recent past faced many challenges in how the public perceives it

With the patience and devotion of a working Wife, Mother and grandmother, she is at ease with multitasking and excelling in delivering on multiple fronts. In many ways she belongs to the long-cherished traditions of the legal practice.

My Lord exemplifies the often-quoted wisdom that the humble will be uplifted as she has never been one to blow her trumpet despite her many groundbreaking achievements.

As a Counsel reading the Court’s demeanor is usually near impossible, in a Court noted for its painstaking patience in listening to counsel with little or no interruptions and then asking incisive questions as submissions are made.

When counsel as sometimes is the case, for love of their own voice or other reasons, ramble a bit or get slightly out of line, this is a Court that gently but firmly guides them back into line without any of the usual tactics or idiosyncrasies.

To share a personal experience, I remember when I had an unusually expedited matter at the Supreme Court. Briefs had been exchanged by the parties, and when we received the hearing notice, we were excited at our good fortune knowing the difficulties in securing a date in the overburdened SC diary. On the hearing date we appeared in the hallowed chambers of the SC. When I stated that briefs had been exchanged and that our appeal was in my view, ripe for hearing, we were advised by the presiding Justice that parties should explore settlement as this case was “a family matter” best resolved by Counsel speaking to each other.

In my naivety I failed to understand the hint these noble Law Lords were giving and sought to argue that the appeal be heard on its merits. The Lords were exhibiting signs of displeasure indicating that I appeared to be tone deaf! Mid-speech, I paused and looked up and caught what appeared to be a gentle nod by my Lord .

Immediately I understood that my client’s best interest would be best served in my listening to the Court. In that moment it fully dawned on me how weighty an appearance before a court of final instance was, as there could not be any appeal from their decision.

I now realise that my Lord in her usually meticulous manner, having read the entire case file, understood that my client would be best served by a mutually agreed settlement. I remain eternally grateful for this guidance which reflects My Lord’s stance as a firm believer in substantial justice.

It is therefore my submission that no one has been better prepared to lead our bench following a refinement in fire, to attain the glow of pure gold.

My Lord, Kekere – Ekun, has been prepared and is ready to lead in a time such as this.

In these times when hope appears to be scarce, this elevation is a glimmer of light that suggests that the long-expected reformation may now begin. It is our prayer that through this appointment, the people may yet rejoice, secure in the knowledge that we have a listening ear and a firm believer in upholding the rule of law presiding over our third arm of government. And though none of us are perfect, we pray that through the enforcement of the law we may yet build a better nation.

Chidi Anya Esq is a Practising Lawyer