Tasks before Chief Justice Kudirat Kekere-Ekun

The assumption of Justice Kudirat Motonmori Olatokunbo Kekere-Ekun as the Chief Justice of Nigeria (CJN) and the second woman to have risen to the noble position is historical and significant. It is indeed significant that the mantle of leadership of Nigeria’s judiciary now rests on the shoulders of Justice Kekere-Ekun at a critical juncture in the nation’s history when the bench has come under persistent scrutiny for several reasons. Nigeria’s judiciary is indeed at a crossroads with the perception of partisanship and corruption that cast aspersion on the integrity of the justice system as well as the image of the country.

Following the tension and division occasioned by the 2023 presidential and other elections, the Supreme Court has had to contend with scathing remarks from a few stakeholders who have openly upbraided the standard of the justice system. Before and after the election, the Supreme Court has not helped matters in that it delivered judgments that were not just controversial but appeared patently illogical. While it is instructive that the judiciary, through the Court of Appeal, is working to correct anomalies arising from conflicting judgments, the responsibility to repair this damage rests squarely on the new Chief Justice. She should immediately initiate processes for an overhaul of the country’s judiciary to enhance judicial efficacy and efficiency and to bolster public confidence in the judiciary.

It is on record that Hon. Justice Musa Datijo Mohammed who retired from the Supreme Court in October 2023 described the public perception of Nigeria’s judiciary, in his valedictory speech, as “witheringly scornful and monstrously critical.” The clamour for the repositioning of the leadership of the Supreme Court has been strident and too difficult to ignore if the judiciary must regain its integrity and public trust. It is therefore expected that Justice Kekere-Ekun’s leadership would address the issue to change the narratives about the judiciary in a more positive light and thereby bequeath a much better judiciary at the end of her tenure.

The tasks before Justice Kekere-Ekun as the head of the judiciary are enormous in some respects. The trouble with the justice system is deep-rooted and thus requires urgent and holistic appraisals. Undeniably, Nigeria’s judiciary has been disrobed of the epithet of being the last hope of the common man and to that extent, only a radical commitment to transforming the system could make the system justify that appellation. The expectation amongst Nigerians and indeed global stakeholders is that Nigeria’s judiciary can reclaim its glory if the leadership of the Supreme Court demonstrates genuine commitment to charting the course for the restoration of the cherished values of judicial independence anchored on transparency, integrity and non-partisanship.

Justice Kekere-Ekun’s assumption of the mantle of leadership after 11 years at the Supreme Court is remarkable considering that she’s inheriting a troubled seat following the uneventful eras of some past occupiers of the seat. It is instructive that the dust of the controversies surrounding the unceremonious removal of Justice Walter Samuel Onnoghen from office in 2019 over unsubstantiated corruption allegations is yet to settle five years later. The reign of Justice Ibrahim Muhammad Tanko between 1999 and 2022 was, to say the least, lacklustre; snowballing into his resignation following open protests by his colleagues at the apex court. The tenure of the outgoing CJN Kayode Ariwoola has been controverted following political permutations, often bandied in the social media by political extremists, that he was partisan or compromised by the sitting government, thus leading to the campaign of “All eyes on the judiciary”, displayed in billboards across the country during the hearing of presidential election petitions last year. His critics were not impressed with the transparent and meticulous manner the petitions were determined, with the Supreme Court sitting non-stop for about 12 hours, televising the judgment live to the world.

Nigeria’s judiciary is not only faced with this perception of partisanship and allegation of corruption, but it has also to contend with the view of informed members of the public that the judiciary has lost the vibrancy that defined the golden era of erudite justices whose depth, erudition and integrity were revered beyond the shores of Nigeria where the services of some of them were sought-after and venerated as exceptionally meritorious. Nigerians may be sceptical about what to expect with the coming of a new CJN which could be perceived as part of the prevailing undercurrents informing the negative perception of the judiciary; particularly as it relates to controversial judgments seen as politically influenced.

Notwithstanding, the new CJN has a historic responsibility of changing the narrative. The new CJN therefore would be under the radar to either fulfil the expectation of change or betray the hope!

Under the leadership of Justice Kekere-Ekun, Nigerians expect that the erosion of the integrity of the judiciary should not continue unabated; and that the expectations of Nigerians of a judiciary that can be relied upon to dispense justice transparently and uncompromisingly rather than merely fulfilling the rituals of delivering judgments, will be upheld. Despite the many afflictions bedeviling Nigeria on the political and economic fronts, a healthy judiciary would serve as a beacon of hope for the country.

Importantly, the process of appointing judges, including those of the Supreme Court, should be reformed in such a manner to debunk perceptions that it could be manipulated; or to suggest that unmerited persons could end up as judges.

The appointment and elevation of judges should be based on merit, not on family connections, political patronage, or what Prof. Joseph Richard has dubbed “prebendalism.” The current process of appointing and removing judges in Nigeria is long overdue for a review. First, the process should be transparent, not shrouded in secrecy. Whenever a judicial vacancy exists, it should be widely advertised to the public so that interested lawyers can apply for consideration.
It is therefore expected that the appointment of judges would henceforth be predicated on merit rather than any other consideration. Compromise and miscarriage of justice mustn’t be condoned under whatever guise.

The new CJN should appreciate that a judiciary that suffers integrity deficits cannot be trusted to administer justice without leaving the public with reservations. The country’s democratisation experiment will fail if the judiciary, a vital third arm of government, is compromised. Therefore, the judiciary must protect its independence and impartiality with the utmost care. It should be insulated from partisan politics. Nigerians, therefore, expect the era of the new CJN Kudirat Kekere-Ekun to be defined by a visible commitment to bringing about changes that will invest the judiciary with integrity and credibility.