Tinubu Swears in Kekere-Ekun, Pledges Not to Abuse Executive-Judiciary Relationship

•Vows to guarantee their independence 

•Akpabio charges nation’s number one judicial officer on reforms, prison decongestion

•New CJN talks tough, warns against disobedience to court orders 

•Undertakes to redeem judiciary’s image

Deji Elumoye and Alex Enumah in Abuja

President Bola Ahmed Tinubu, yesterday, affirmed his administration’s commitment to respecting the independence of the judiciary, and vowed never to interfere or abuse the relationship between the executive and judiciary.

Tinubu made the assertion while administering the oath of office on Justice Kudirat Kekere-Ekun as the 23rd substantive Chief Justice of Nigeria (CJN) at State House, Abuja. He described the judiciary as a crucial pillar of Nigeria’s constitutional democracy.

Speaking to newsmen after the ceremony, President of the Senate, Senator Godswill Akpabio, charged Kekere-Ekun to collaborate with other arms of government to ensure stability and consistency in the judiciary.

Kekere-Ekun, who promised to redeem the judiciary’s battered image, also read the riot act to litigants in the habit of disobeying court orders and warned that dire consequences awaited infractors.

Kekere-Ekun, the second female CJN in Nigeria’s history, was sworn in following her confirmation last week by the Senate. 

Tinubu acknowledged the judiciary’s role as a moderating force, which ensured that everyone remained in check, and as the last hope of the common man that sustained people’s confidence in democracy.

He stressed that his administration would preserve the sanctity of the judiciary, recognising the importance of its independence.

The president also pledged to respect the clear line demarcating the executive and judiciary.

He stated, “The judiciary is an important pillar constituting the tripod that holds our constitutional democracy. Indeed, the Nigerian judiciary, at various times in history, had proven to be the moderating force ensuring everyone remains in check. 

”Your role as the last hope of the common man serves to sustain our people’s confidence in democracy, knowing well that there is an important arbiter that can always give them redress if they are wronged. 

”For this function, it is important that our judiciary remains truly independent. It is my administration’s total commitment to preserve the sanctity of the judiciary. 

”While we may have reasons to interface as complementing components of the same government, under my watch, the government will also be mindful of the clear line demarcating the two of us.  

”We will never interfere or abuse the relationship between us as separate organs of government in our democracy. This is important for sustaining our constitutional democracy.”

Tinubu reiterated his government’s dedication to improving judicial officers’ welfare and working conditions, noting recent decisions to enhance their effectiveness in administering justice. 

He urged Kekere-Ekun to continue to uphold the principles of ethical leadership, fearlessness, and honesty that defined her career. 

”The Nigerian judiciary needs a leader with these qualities at this time, and I have no doubt that you will set the pace for others to follow,” he told the new CJN.

The president hailed Kekere-Ekun’s rise as a testament to hard work and an inspiration to women, particularly young girls, in a male-dominated profession.

He stated, “This day has also cemented the judiciary as a self-evolving and progressive institution. I specifically congratulate the Nigerian women. Any girl child can dream big and have her dreams come true. It is worth celebrating.”

Tinubu acknowledged the presence of Kekere-Ekun’s 89-year-old mother, Mama Wilfred Layiwola Ogundimu (Nee Savage), and other family members led by Justice Kekere-Ekun’s husband, Akin Kekere-Ekun

The president commended the Senate for expediting the confirmation of the new CJN and thanked members of the judiciary for their continued support.

Akpabio expressed concern about conflicting decisions at the lower courts and the Court of Appeal, and emphasised the need for predictability and adherence to superior court decisions.

The senate president also highlighted the pressing issue of prison decongestion, citing the alarming number of people awaiting trial, particularly in land matters.

He stated that many people spent years in prison, only to be sentenced to shorter terms, and emphasised the need to speed up the justice system.

Akpabio stressed that the National Assembly was committed to supporting the judiciary in implementing reforms. He outlined key areas requiring attention, including prison decongestion, judicial consistency, and speedy justice.

Former CJN, Justice Aloma Mukhtar (rtd), counselled the newly sworn in CJN to trust God to help her in her new role, stating that her reputation for always following the right path will make it easy.

Mukhtar said, “Well, I will tell her to hold on to God and to try and follow whatever path, which I am sure will be the right path, she should follow it, and if at any time she has a problem or a challenge, she should pray over it and God, seeing that she always follows the right path, will make the situation clear to her.”

On how she thought Kekere-Ekun could navigate working with politicians, the former CJN said, “it’s up to her. If she wants to be firm, she will have no problem, but if she decides to be going here, there, then that is where the problem will start.”

On what the attainment of the enviable height should mean for the womenfolk, Mukhtar said, “They should be happy, just the way I’m happy. I’ve been looking forward to this day and God has made it possible in my lifetime. So, all the women will be happy, I’m sure.”

Kekere-Ekun read the riot act to litigants in the habit of disobeying court orders, at the commencement of the 2024/2025 new legal year of the apex court and swearing-in of 87 new Senior Advocates of Nigeria (SAN).

Expressing her determination to redeem the image of the judiciary, she said, “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.”

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

Among the issues of concern the new CJN promised to tackle was disobedience to court orders, which she said will not be tolerated under her watch.

Kekere-Ekun  stated, “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.

“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.”

She stated that when the legal compass of a nation faltered, everything suffered, including public and international perception.

The new CJN regretted that the attitude of some in the justice sector was 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 said the issue of “Forum shopping” by some lawyers was not only rampant, but had often given rise to the emergence of conflicting orders by courts of coordinate jurisdiction.

Kekere-Ekun  explained, “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.”

In an address, Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, expressed confidence that Kekere-Ekun’s assumption of the office of CJN would bring about impactful initiatives that will strengthen not just the Supreme Court, but also 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 Tinubu would live up to its pledge to accord obeisant respect to judicial decisions and the rule of law, in realisation of the fact that sound and just judicial pronouncements were enablers of the critical factors that drove socio-economic development.

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

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

Fagbemi the new SANs, “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.”