Judicial reforms: All eyes on Kekere-Ekun as she mounts the saddle as CJN

Vivian Okejeme, in this analysis, peeps into a new era in the Nigerian Judiciary as Justice Kudirat Kekere-Ekun takes charge as the second female Chief Justice of Nigeria

‘’We will make sure that people have more confidence in the judiciary, and I believe that it is not a one-man job. We all have to be on board because we all see the areas that are in need of improvement. I believe that there will be maximum cooperation because we all want to see a better judiciary. A better judiciary is for the benefit of the entire nation. Whatever the shortcomings that we see today, we are all members of the society so, if we want to see a better society, if we want to see improvement, let the improvement start with each and every one of us and our approach to justice.”

These were the words of the acting Chief Justice of Nigeria(CJN), Justice Kudirat Olatokunbo Kekere-Ekun, to the media, shortly after she was sworn-in by President Bola Ahmed Tinubu on Friday, August 16.

Subsection  1 and 4 of section 231 of the Nigerian Constitution empowers the President to appoint the most senior Justice of the Supreme Court to act as CJN pending confirmation by the Senate.

With her emergence, Justice Kekere-Ekun became  the 23rd CJN, marking a significant milestone as the country’s second female Chief Justice in history which is seen as a progressive step torward promoting gender equality within the nation’s highest judicial office by the President Tinubu administration.

No doubt, some of the past CJNs left indelible marks while in office and in the minds of Nigerians with their policies and reforms they brought into the judiciary, while others had their tenure characterized by controversies.

However, Justice Kekere-Ekun has pledged to bring her wealth of experience with a distinguished career in the judiciary by elevating the judiciary to new heights, improve its reputation, and sustain public confidence in the judicial system.

‘’Let us all have faith in the system and then also be particular about the process of appointment, I know it is a source of a lot of concern; the issue of discipline on the bench and at the bar as well.

‘’All of these things are aspects that we will look into and I believe that by the grace of God, at the end of my tenure, we should be able to have a judiciary that we will all be proud of,’’ she said.

Meanwhile, apart from being next CJN in acting capacity, Justice Kekere-Ekun, who has been 11 years as a Supreme Court justice, will also head the National Judicial Council(NJC) which oversees appointment, promotion and discipline of judges across the country.

Judging from her strong background, it can be easily projected that her midas  touch would salvage the judiciary which has always been in the eye of the storm, particularly, since the country returned to democratic rule in 1999.

With her seamless assumption of office, it is the first time in five years that  succession in the Supreme Court will be rancour free.

Her new office has nevertheless imposed a huge task on her as turning the system arround as being expected would not be a tea party.

Accordingly, stakeholders are expectant and confident in Justice Kekere-Ekun as the CJN to embark on judicial reform that will, among other things, expedite actions on the dispensation of justice in accordance with the provisions of the Administration of Criminal Justice Act 2015.

There is no doubt that Justice Kekere-Ekun’s  motherly nature has naturally portrayed her emergence as messianic. It is, therefore, nor unexpected that Nigerians would be looking forward to a total overwhore of the system, under her watch, by weeding out corrupt judicial officers including those within the court’s bureaucracy such as the clerks, bailiffs, registrars and other administrative staff of the courts that have been stiffling proper dispensation of justice.

It is hoped that, under her watch, corrupt judicial officers should not only be forced to retire, dismissed or sacked, but they should be put on trial and if convicted send to jail.

Moreover, her elevation to the highest judicial position is expected to influence key legal reforms and further strengthen the independence and integrity of Nigeria’s judicial system, it has been suggested.

It should be noted that the CJN holds office at the pleasure of the Nigerian constitution and can only be removed from office by death or on attainment of age 70, whichever occurs first or by impeachment by the Senate of the Federal Republic of Nigeria with the nod of majority of the members of the Senate.

However, the new CJN should learn from the banana peels that led to the unceremonious removal some of some of her predecessors.

The immediate past CJN, Justice Olukayode Ariwoola, who turned 70 years on August 22, succeeded Justice Walter Onnoghen, who served as CJN between 7th March 2017 – 25th January 2019 and left on a controversial manner after he was accused of failure to declare his assets.

Also, Onnoghen’s successor, Justice Tanko Muhammad,  who assumed office on 25th January 2019 followed almost the same pattern. After his brother justices accused him of unfair treatment, particularly, in the area of their welfare, he had no choice but to voluntarily resign purportedly on the ground of ill-health on 27 June 2022.

Justice Kekere-Ekun has made history as the second female CJNs since Nigeria’s existence. Before her was Justice Aloma Muktar, who had in1977, became the first female to be appointed as a judge in Kano state, first state in the northern part of the country.

Beyond being the first female judge of the High Court in Kano state, she was also the first female Justice of the Court of Appeal and then the Apex court.

The 66 year old Justice Muktar reached the peak of her career when on July 16, 2012, former President Good luck Jonathan swore her in as the 13th Indigenous Chief Justice of Nigeria and the first female to occupy the position.

In a manner reminiscent of the success story of Justice Muktar, Justice Kudirat Olatokumbe Kekere-Ekun made another history as the second female to preside over the affairs of the Apex Court.

Justice Kudirat Kekere-Ekun was born in London, United Kingdom, on 7 May 1958. Her parents, both from Lagos State, Nigeria, have deeply influenced her life. She is the eldest of eleven siblings. Her father, Senator Hassan Adisa Babatunde Fasinro, OFR, LL.D, was a senator in Nigeria and a fervent Muslim. He was also a legal practitioner, author, dedicated family man, and one of the founding fathers of Lagos. He passed away at the age of 99 in March 2019.