Threats to Independence of Judiciary

IN THE ARENA

A dinner organised by the Lagos State Government in  honour of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, and her presence at the flagging-off of the construction of houses for judges in Abuja are raising dust as many legal analysts argue that her presence at these events is against the judiciary’s Code of Conduct, which prohibits judges from having contacts or special relationships with potential litigants, Davidson Iriekpen reports

Atory was once told of how a military governor of Lagos State, Brigadier Mobolaji Johnson, extended an invitation to the then Chief Judge of the state, Justice John Idowu Conrad (JIC) Taylor, to attend a state dinner.

But after reading the letter of invitation, Taylor was said to have endorsed a brief note to the governor at the back of the invitation card, informing him that he would not be able to attend because the state government had several cases pending before him. 

In the brief note, he also added that it would therefore, in the circumstances, be “most inappropriate for him to honour the invitation.”

Watchers of the nation’s judiciary believe that by declining the invitation, Taylor didn’t just underscore the institutional value of judicial independence, but also underlined its reliance in large measure on the moral fibre of the individual judge.

However, the situation has changed these days as cavorting with the executive and members of the public has become common among some judges, who now honour invitations to dinners, book launch, groundbreaking ceremonies and other sundry events extended to them by potential litigants.

Most times, many of the dignitaries who could be potential litigants use these occasions to fraternise with the judges.

It is therefore not surprising that the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun recently came under fire for openly socialising with Lagos State Governor Babajide Sanwo-Olu, who hosted her to a dinner at the weekend in Lagos State. 

While many analysts believe that there is nothing wrong in a state government honouring a son or daughter of the state who excelled in his or her chosen career, others insist that honouring judges by political leaders could erode the independence of the judiciary.

During the dinner, the governor lavished praises on the CJN and commended her for her “significant contributions as a proud daughter of Lagos and a pioneering figure in Nigeria’s judiciary.”

Others in attendance were the Ogun State Governor, Prince Dapo Abiodun; First Lady of Lagos State, Dr. Ibijoke Sanwo-Olu; Lagos State Deputy Governor, Dr. Obafemi Hamzat; former Lagos State Governor and Minister of Works and Housing, Mr. Babatunde Fashola; Justice Kekere-Ekun’s husband, Mr. Akin Kekere-Ekun; legal practitioners; traditional and political leaders, among others. 

To her credit, Justice Kekere-Ekun who said she was deeply touched by the show of love by the Lagos State government, promised to uphold the rights of people and ensure equity and justice as the CJN.

“My recent appointment as the Chief Justice of Nigeria is a role I did not take likely. Indeed, I appreciate that I have a very heavy responsibility on my shoulders. It is a call to lead, inspire, and champion the integrity of our judiciary. I am committed to upholding the high standard of our judiciary, promoting judicial independence, and fostering an environment where the rule of law prevails,” she reportedly said. 

Before the Lagos State government honoured the CJN, the Minister of the Federal Capital Territory (FCT), Nyesom Wike, had publicly narrated how he revoked some plots of land belonging to Julius Berger Plc, and reallocated them for the construction of judges’ quarters in Abuja. 

The minister also invited Justice Kekere-Ekun to the flag-off ceremony for the construction of the houses, which she honoured.

Many analysts faulted the presence of the CJN at the flagging-off ceremony.

However, Wike has since defended the building of the houses for the judges by the FCT, explaining that he was only implementing the decision of President Bola Tinubu, which also had the approval of the Federal Executive Council (FEC).   

But according to legal analysts, CJN’s presence at the ceremony could erode the confidence of Julius Berger in the judiciary and discourage the company from challenging the revocation of its land in the courts.

Similarly, critics also condemned her acceptance of Lagos State government’s dinner, saying her presence could send a wrong message to other litigants who may doubt her neutrality in cases involving the Lagos State Government.

They contended that the CJN is not supposed to fraternise with potential litigants whose cases may likely get to the Supreme Court.

Like the two other arms of government, the judiciary is supposed to be an independent institution. But in Nigeria, the judiciary seems to have been hijacked by the executive. 

In some states, the third arm of government is starved of funds while in others, projects such as the construction of court buildings, residences for judges, and acquisition of vehicles for judges have been taken over by the executive.

Some lawyers have argued that the practice of building houses for judges by the Executive is not in consonance with Sections 81 and 121(3) of the 1999 Constitution which guarantees financial autonomy for the judiciary.

“Does the executive arm of government construct, build houses for National Assembly members? Does it even renovate their chambers for them? Does it also buy vehicles for them?” a lawyer queried.

According to these lawyers, since the judiciary at both the federal and state levels are arms of government which is supposed to get their allocations directly from the source, it is the responsibility of this arm of government to buy vehicles for judges and also ensure that houses are built for judges.

This ensures that the executives do not influence the outcome of cases before the judges in line with Section 36(1) of the Constitution, which stipulates that a court or tribunal shall be constituted in such a manner as to secure its independence and impartiality.

Lawyers who spoke with THISDAY on condition of anonymity reminded the CJN and other judges of Rule 1.4 of the Code of Conduct for Judges, which prohibits judges from having contacts or special relationships with people that could tempt them to favour those people in the course of judicial duties. 

The rule stipulates that: “The judge must be sensitive to the need to avoid contacts that may lead people to speculate that there is a special relationship between him and someone whom the judge may be tempted to favour in some way in the course of his judicial duties.”

Reacting to the issue, a former Chairman of the National Human Rights Commission (NHRC), Professor Chidi Odinkalu, chided Justice Kekere-Ekun for attending the Lagos State government dinner.

The Professor of Practice in International Human Rights Law at the Fletcher School at Tufts University, wondered why the CJN was partying with the Lagos State governor, whom he described as a potential litigant in her court.

The human rights lawyer had equally chided the CJN for honouring Wike’s invitation to attend the flag-off of the construction quarters.

Human rights lawyers, Mr. Femi Falana (SAN) agreed with the submissions of Odinkalu that the actions of the CJN and Wike were not only against the constitution but the Code of Conduct for Judges.