New CJN Talks Tough, Warns against Disobedience of Courts’ Orders

*Promises to redeem judiciary’s bartered image

Alex Enumah in Abuja

Barely few hours after she was sworn in as the 19th Chief Justice of Nigeria (CJN) and second female CJN, Justice Kudirat Motonmori Kekere-ekun has read the riot act against litigants in the habit of disobeying court orders, warning of dire consequences.

Kekere-ekun, who sounded the warning on Monday at the commencement of the 2024/2025 new legal year of the apex court and the swearing-in of 87 new Senior Advocates of Nigeria (SAN), also expressed her determination to redeem the bartered image of the judiciary.

“This is a new dawn and a new era in the Nigerian Judiciary. I wish to assure my fellow Nigerian citizens that we are committed to working more diligently to improve public perception of the Nigerian Judiciary”, the CJN said.

While observing that various factors have contributed to the negative image of the judiciary, she expressed determination to change this narrative and make the judiciary a source of pride for all Nigerians.

Among the issues of concerns the new CJN wants tackled headlong is the issue of disobedience to court orders which she stressed would not be tolerated under her watch.

“Furthermore, obedience to court orders is non-negotiable. No individual or institution, irrespective of their standing, will be permitted to treat the judgements of our courts with levity or disregard. The Judiciary stands resolute in ensuring that the sanctity of our legal decisions is upheld”, Kekere-ekun stressed.

“Disobedience to court orders or non-compliance with judicial directives is a direct affront to democracy and an invitation to anarchy. As such, it is critical that we respect and observe all the features of an enduring democracy, for in doing so, we maintain the delicate balance that sustains our society.

“Let us, therefore, work collectively and tirelessly to ensure that Nigeria continues to abide by the rule of law, upholds the best democratic practices, and remains vigilant in the protection of her citizens’ rights”, the new CJN added.

She remarked that when the legal compass of a nation falters, everything suffers, including public and international perception; regretting that the attitude of some in the justice sector is sometimes less than salutary, adding that this has, to a large extent, contributed to the current image deficit of the country’s legal system.

She remarked that the issue of “Forum shopping” by some lawyers is not only rampant, but, has often given rise to the emergence of conflicting orders by courts of coordinate jurisdiction.

“I would like to state clearly that henceforth, there will be consequences for any act of indiscretion that could bring the judiciary to disrepute. We have rules and ethics guiding the practice of our noble profession, and we must work assiduously to abide by them and always do what is right in the eye of the law.

“Under my leadership, the judiciary will adhere to the principles of honesty, transparency, and integrity. I call upon all judicial officers and members of the Bar to join me in achieving this goal”, she said.

In an address, the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, expressed confidence that Kekere-ekun ‘s assumption to the office of CJN would bring about impactful initiatives that will strengthen not just the Supreme Court but the entire judicial and legal system in Nigeria.

“I am confident that under the leadership of our esteemed Chief Justice, the Supreme Court will unlock new vistas of investment in public trust and in shaping public policy as well as consolidating our legal jurisprudence”, Fagbemi said.

The AGF assured the justice constituency that the administration of President Bola Tinubu will live up to its pledge to accord obeisant respect for judicial decisions and the rule of law, in realization of the fact that sound and just judicial pronouncements are enablers of the critical factors that drive socio-economic development.

He added that the administration will continue to take proactive steps to avoid undue exposure of the government to legal liabilities.

Meanwhile, the minister warned the new SANs to jealousy guard the prestigious rank just conferred upon them because once withdrawn, it cannot be restored again, going by 2022 Guidelines for the conferment of SAN rank.

“One of the areas you must avoid like the plague is the unwholesome practice of engaging in media trial of cases pending before the courts. It is unprofessional for a legal practitioner nay a Senior Advocate of Nigeria to be seen engaging in the analysis of cases pending before the court.

“We have seen cases where legal practitioners appear at television or radio stations discussing pending matters. We have also seen lawyers after court sitting discussing on what transpired in the proceedings. You must resist the urge to engage in such practice. You must also reject invitations by media houses inviting you to analyse or discuss pending matters.

“The doctrine of sub judice enjoins lawyers and even members of the public to refrain from commenting and discussing live cases. You should not be seen breaching this doctrine. However, where judgement has been delivered in a given matter, lawyers and the public are free to analyse and discuss the decisions without impugning the integrity of the judicial personnel involved or stacking the professional competence of counsel involved in such matters”, the minister said.

Meanwhile, one of the new SANs, Mr Emmanuel Ibhagbemien Esene, who spoke with THISDAY, thanked the Almighty God for the elevation to the Rank of SAN and expressed determination to use the opportunity for the development of humanity.

“By the grace of God, I will use this Rank to pursue the advancement and development of law, protect the interest of the judiciary and the fundamental human rights of Nigerian citizens”, he said.