Kekere-Ekun, Sanusi, others urge judges to uphold justice with courage

The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has acknowledged that the Nigerian judiciary is blessed with upright and courageous judges but lamented that there are a few judges among them tarnishing its reputation.

She said the foundations of justice we rely upon today are influenced by the Abrahamic faith prevalent in our society, adding that both Islam and Christianity preach morality, uprightness, and righteousness.

The Emir of Kano, His Highness, Khalifa Muhammad Sanusi II, urged the judges to be upright and not allow hatred of people to make them do what is not right.

He asked Nigerian judges, especially justices of the Supreme Court, to administer justice with the fear of God and remember that they are accountable to God.

They disclosed this with other stakeholders over the weekend at a public discourse on “Ethics, Morality, and the Law,” organised by the Movement for Islamic Culture and Awareness (MICA) to mark the elevation of Justice Habeeb Adewale Abiru to the Supreme Court.

The CJN noted that Nigeria is blessed with very hardworking and knowledgeable judges, warning that judges should remember that as “individuals, we are accountable to ourselves and to God.”

She added that the perspective of the ordinary citizen, who observes and assesses the extent to which ethics, morality, and the law coexist harmoniously in society, must be taken into consideration.

Justice Kekere-Ekun hinges public acceptance of the law on fundamental principles, the need for clarity, stability, and independence of the judiciary, as well as the fair exercise of authority by law enforcement to the public.

According to her, the foundations of justice that we rely upon today are influenced by the Abrahamic faith prevalent in our society, adding that both Islam and Christianity preach morality, uprightness, and righteousness.

“The role of the legal practitioner within this framework merits particular attention. The lawyer, often seen as both antagonist and protagonist in the pursuit of justice, must navigate a terrain where law, ethics, and morality intersect.

“This dual role requires balancing the scriptures and the law with ethical constitutions, often contending with moral and legal questions that may seem at odds. As a minister in the temple of justice, the lawyer’s commitment to justice involves upholding legal standards while advancing principles that follow society’s ethical expectations.

“The essence of the students is indeed the study of this relationship between morality, ethics, and the law, especially when considering the historical distinction between courts of law and courts of equity, which reflects humanity’s ongoing quest to balance justice with fairness.

“The degree to which this alignment is achieved influences public trust in the judiciary and the law, affirming that our legal system should not only administer justice but also resonate with the community’s moral convictions.”

The CJN further stated that it is essential to recognise, for societal advancement, that law cannot be supplanted by moral or ethical indications alone, given the diversity of moral and ethical perspectives.

She added, “The assertive nature of the law is therefore indispensable for peace, order, and security, goals that cannot be reliably achieved through ethics and morality alone.”

She congratulated Justice Abiru on his elevation to the Supreme Court of Nigeria, saying that it was well-deserved.

In his remarks, Sanusi, who said his New Year’s resolution is that he no longer wants to be controversial, however, urged the judges to be upright and should not allow hatred for people to make them do what is not right.

He said judges should focus more on substantive justice and not rely on technicalities.

“Do not be an advocate for wrongdoers and do not be an advocate for those who deceive themselves, because Allah does not love sinful wrongdoers.

“When your friends come to you; when government comes to you, and you listen to them and you tilt judgement in their favour, ask yourself, who will be your advocate before God on the Day of Judgment?”

Speaking on the theme “Ethics, Morality, and the Law, Christian Perspective,” the Very Reverend Prof. Konyinsola Ajayi (SAN) condemned what he termed “lawlessness in the law.”

He urged Nigeria’s legal professionals to reflect on the role of ethics and morality within the judiciary. He made reference to specific cases as examples of the judicial system’s failure, including the controversy surrounding the Emir of Kano, which he described as “an emanation of lawlessness.”

He questioned whether the rule of law truly underpins current judicial practices, adding that decisions by the courts often confuse the public rather than provide clarity.

According to him, the law today is providing the greatest uncertainty you can think about. The Nigerian judiciary was one of the best in the world. Australia, New Zealand, and the Commonwealth referenced Nigerian court decisions.”

He acknowledged that today’s legal system suffers from an erosion of this reputation due to inconsistent judgements and a perceived lack of accountability among judges.

On the religious implications of the judiciary’s role, Ajayi appealed to the moral and ethical responsibilities that judges bear. “God is the author of morality and ethics. He created the law and requires it to be underpinned by these things,” he stressed, drawing parallels between judicial conduct and religious values.

He, therefore, urged judges to remember the divine justice they represent, warning that “there is punishment by God for these things,” as judges are appointed to serve and uphold justice.

He added, “The commonality between Muslims, Christians, and the ideal person is a life of impact, not about money. Judges should focus on delivering judgments of impact that inspire public trust and reflect genuine ethical considerations.”

Ajayi cautioned that neglecting this principle would ultimately destabilise the nation. “Justice is the foundation of society, and we must be careful to ensure that it does not become what will bring the house down.”

Earlier, speaking on the theme, the former Governor of Lagos State, Mr. Babatunde Fashola (SAN), said the greatest tool that humans have invented is law, adding that law separates humans from animals.

“The first tool that human civilization has ever invented is law. We invented many tools, and that’s why we have survived beyond our well-known ancestors, who have been well-documented. But law has kept us going. It has separated us from animals, and they resolve their disputes and their conflicts, which are necessary, by might,” he said.

“But law has constrained us to the civilization that we now enjoy, and to quote Thomas Hobbes, if there was no law, life within the masses would be brutish and debauched.

“Of course, I acknowledge that ethics and morality are the foundation of humanity from which love springs and I make the point that often what then becomes legislated or accepted as law is a function of what society now says is the way to do it, and it often comes in the pursuit of development.

“As we become more civilised, we become more knowledgeable, our positions change, and our moral compass is also expanding.”

In his remarks, Dr. Wale Babalakin (SAN) decried the deterioration of judicial independence in Nigeria.

He condemned what he described as a “systemic collapse” of the nation’s judicial system, calling for urgent reform to restore its independence and integrity.

He noted that the declining autonomy of the judiciary was due to the increasing influence of state governors and political figures over judges.

He added, “The problem of the legal system is systemic. We are trying to treat consequences, not the causes of the problem.”

He argued that the decline in the judiciary began in the mid-1970s when “most eminent judges were arbitrarily retired without trial, without questioning, marking a turning point for the nation’s judicial standards.”

“There is no system that can have the judicial officers under a strong influence of the executive that can do well.”

He condemned the practice where governors referred to judges as ‘my judges,’ adding that in those days, no governor would have had the audacity to refer to a judge as ‘my judge.’

Babalakin further highlighted the financial challenges faced by judges, particularly in state courts.

While he acknowledged that some improvements had been made at the federal level, he expressed concern about the budgetary dependence of state judiciaries.

“I am familiar with many states where the chief judge has to go cap-in-hand to collect money. Where a governor will buy cars and say, ‘Look, see the car I bought for my judges.’ This is wrong.”