The transition to the enviable position of the nation’s acting Chief Justice of Nigeria was smooth but the expectation was high. Like every normal national issue, almost all Nigerians have an idea of how to solve the challenges confronting the nation’s judiciary. They offered the solutions believing the nation’s number one judicial officer would act
The transition to the enviable position of the nation’s acting Chief Justice of Nigeria was smooth but the expectation was high. Like every normal national issue, almost all Nigerians have an idea of how to solve the challenges confronting the nation’s judiciary. They offered the solutions believing the nation’s number one judicial officer would act on the suggestions.
Following the swearing-in of Justice Kudirat Kekere-Ekun as the acting Chief Justice of Nigeria (CJN) by President Bola Ahmed Tinubu on 23 August 2024, some senior counsels offered suggestions to the jurists on how to rebuild the confidence of Nigerians and foreign investors in the country’s judiciary. Distinguished counsels who set the agenda for the new CJN include former presidents of the Nigerian Bar Association, (NBA)
Prof. Olisa Agbakoba, Senior Advocate of Nigeria (SAN) said the CJN must ensure transformational judicial reforms. According to him, the last great reform by a CJN was that of the late Justice Dahiru Musdapher who spent only six months in office yet within those six months, he was able to set up a high-powered 29-person committee that produced a transformational report.
He said the late CJN led a team to the then President of the Senate, Senator David Mark, to present far-reaching reforms to the constitutional structure of the judiciary adding that: “as soon as the CJN turned his back, everyone forgot about it. The potential legacy of the new CJN is transformational and radical reform with the fundamental objective of case management driving how the courts work. The reform needed must be the least infrastructure and appointment of judges. It is about a soft institution, which is about the way the court works. The court presently works on the 1844 model of the English court. The challenge for the new CJN is to turn this around”.
Another learned silk, Chief Austin Alegeh, SAN identified delays in the Dispensation of Justice and uncertainty of Judgments as major Problems of the Judiciary that the CJN should address. He said the major problems currently confronting the judiciary are the delays in the dispensation of justice and the uncertainty of the judgments of our courts. According to him, these problems are intertwined, and the acting CJN must introduce measures to address the situation.
“The uncertainty in our judicial system must be addressed immediately. The principle of judicial precedent must be respected. A situation where cases on the same set of facts result in different outcomes is a dangerous trend. It damages the confidence of our people in the judiciary and fuels the deluge of cases filed in our courts”, he stressed, adding that:” the Acting CJN can introduce amendments to the disciplinary process of judicial officers that make failure to follow judicial precedent a misconduct that attracts disciplinary measures”.
Former President of the Nigerian Bar Association (NBA) Mr. Joseph B. Daudu, SAN said the acting CJN should push for the creation of Constitutional Courts and Optimise Grassroots Justice. His words:” The new Chief Justice of Nigeria should prescribe and enforce policy in conjunction with the Heads of the Judiciary in the 36 states and the FCT for optimizing grassroots justice such as Magistrates and Customary courts who serve over 80 percent of the population but are perceived to be slow and corrupt. Secondly, the dockets of the superior courts nationwide are saturated with political cases, and intra-party, pre-, and post-election disputes at the expense of normal civil, criminal, or commercial disputes.
The incoming CJN should push for the creation of constitutional courts at three tiers, trial, appellate, and final, for the determination of political and other allied matters, thereby freeing the High Courts, Court of Appeal, and Supreme Courts to deal with regular cases that affect the livelihood of over 90 percent of the populace that is presently neglected.
Prof. Mike Ozekhome, SAN said the CJN should intensify monitoring of judges, and address delays, and conflicts in Judicial decisions. He said the CJN should also set up a process where judges are monitored and their course list checked adding that: “I know that there is such a process, headed by a retired Supreme Court justice, where the number of cases that judges decide are reported to ensure judicial impartiality. This process should be intensified to ensure that judges know that they are being watched and they should be looked over their shoulders by their peers, not by members of the executive like ICPC or EFCC or Police or DSS, because that itself means that there is no judicial independence. But when this is being done by their peers themselves, then it will mean that it is the same judiciary that is reviewing itself”.
He added: “One major sub-point that Justice Kekere-Ekun must deal with has to do with conflicts in judicial decisions. You will see the Court of Appeal at times giving two decisions in one day, but each of them saying a different thing. I went through it in the last two years during election petitions – one judgment was given in Jos, which was exactly the opposite of another one that was given in Abuja. In such a conflicting situation, members of the public were left perplexed as to what was going on. So, there must be a mechanism whereby Courts of Appeal judgments must go one way if certain facts go the same way, because in the past when I was a young lawyer, I used to predict how a case would go. Not anymore”.
Chief Olasupo Shasore, SAN Former Attorney General of Lagos State: Agenda for Chief Justice of Nigeria. “This is an exciting time we have, a rarity – a thoroughly trained and purpose-prepared Chief Justice. The attainable and necessary direction of travel at this time must be to: Accept that the judicature can and must issue “policy” (it is not the preserve of the executive alone) the national bench leadership has been to accepting of the ‘technical justice decisions’ that defeat justice (jurisdictional decisions); accept and act on the premise that ‘Justice delivery’ is a growth and economic development measurement factor in the human and investor expectation paradigm; build consensus on the compelling direction of travel – for the justice system actually getting actor institutions to act with unity of defined purpose.
Prof. Taiwo Osipitan, SAN said the CJN should stop politicians’ nominees in the judiciary, and frivolous appeals in the Supreme Court. According to him, there should be a reduction in the number of cases getting to the Supreme Court through leave granted to appeal against concurrent findings of facts and mixed law and facts adding that it is necessary to introduce very strict conditions for granting leave to appeal to the Supreme Court. He also canvassed for award of costs on an indemnity basis should be introduced to discourage frivolous appeals in the apex court.
He said the number of cases conducted in the Supreme Court and Court of Appeal by applicants for the rank of Senior Advocate of Nigeria (SAN) should be scaled down to reduce the number of appeals filed by applicants. “If the number of cases going to the apex court is reduced, there will be less congestion in the court; there will be speedy dispensation of justice and more robust decisions will be delivered by the court. The court will also be able to function properly as a policy court”, he said.
Prof. Konyinsola Ajayi, SAN said rapid and impactful reforms needed to return sanity to court and noted that expectations are very high of her, given her trajectory and background. With a reputation of uprightness and proper demeanour and manner of judges of old, laced with the youthfulness in her gentility and style, we hope for rapid and impactful reforms that will at once bring sanity back to the Courts and respect for the judicial system.
Dr. Anthony Idigbe, SAN said the CJN should resist pressures, and defend the independence and impartiality of the judiciary stressing that the new CJN has a golden opportunity to enhance public trust in the judicial system as a check against conduct outside the values and spirit of the constitution, including the triumph of the rule of law, preservation of our federal arrangement, and protection of minorities and fundamental freedoms”.
Ajulo calls on CJN Kekere-Ekun to lead judicial reform with a new code of conduct. The new code of conduct would help restore public confidence in the nation’s judicial system. Dr Kayode Ajulo urged the new Chief Justice of Nigeria, Kudirat Kekere-Ekun, to spearhead the development of a new, robust, and comprehensive code of conduct for judicial officers. “It will strengthen public trust through unwavering transparency, unimpeachable accountability, and the most steadfast fairness in all judicial proceedings”
Prof. Auwalu Yadudu, former Legal Adviser to Gen. Sani Abacha and Vice-Chancellor, of Federal University, Birnin Kebbi said the CJN ensures transparency needed in Judges’ appointments, bad eggs should not be treated with levity. According to him, as the overall leader of the judiciary, the CJN needs to bring more transparency in the appointment process as chair of the National Judicial Council (NJC).
Mr. Abiodun Adediran Olatunji, SAN said radical and surgical reforms are needed in the National Judicial Council: “I anticipate significant reforms within that body, particularly in the roles it plays and the processes it employs in the recommendation and appointment of judges, the discipline of erring and corrupt judicial officials, and the eradication of corruption within the judiciary. A particular area of concern is the registry of the Supreme Court, where officials have become so entrenched in corrupt practices that they practically hold themselves out as capable of doing anything. I would like my Lord, the CJN, to address this issue rigorously. Furthermore, I hope that she will investigate the root causes of why cases linger for decades at the Supreme Court and address these issues with a permanent solution”.
He said another area that deserves her attention is the Privileges Committee. His words: “The process of appointing Senior Advocates of Nigeria (SAN) should be made more transparent and credible. Additionally, the issue of forum shopping by litigants, which has resulted in conflicting decisions on the same matter by courts of coordinate jurisdiction, must be addressed. I believe that by the time my Lord, the CJN, addresses all these issues, she will have etched her name in history as a reformist leader of our time”.
Some Panelists in Abuja on 20 August 2024 presented a five-point agenda to then Chief Justice of Nigeria (CJN) designate, Justice Kudirat Kekere-Ekun on reform of the judiciary. Specifically, they want the CJN designate to be prepared to sanitize the judiciary to restore public confidence in the arm of government.
Also, the stakeholders want the incoming CJN to rise to the challenge of arresting the issuance of conflicting judgments and orders by courts of coordinate jurisdiction in the interest of the judiciary and people.
They want Justice Kekere-Ekun to reform the apex court, the Supreme Court, in such a way that only cases of national importance would be lodged at the apex court while minor matters should be made in the reform to terminate at the lower courts.
Justice Kekere-Ekun, who became the CJN on 26 August 2024, brings with her a reputation for legal acumen, integrity, and a deep understanding of the Nigerian judiciary’s challenges. Her agenda as CJN is expected to focus on several key areas:
Judicial Independence and Integrity
Justice Kekere-Ekun has been a staunch advocate for judicial independence, understanding that a free and impartial judiciary is the bedrock of democracy. She is likely to prioritize safeguarding the judiciary from external influences, particularly from the executive and legislative branches. Strengthening the mechanisms that protect judges from undue pressure will be central to her agenda. This might include advocating for better security for judges, transparent processes for appointment and promotion, and ensuring that the judiciary has adequate funding.
Judicial Reforms
Given the growing calls for judicial reforms in Nigeria, Justice Kekere-Ekun is expected to push for modernization and efficiency within the judiciary. This could involve:
Technological Integration by expanding the use of technology in court processes to improve efficiency and transparency. This includes the adoption of e-filing systems, virtual court proceedings, and better case management systems.
Reducing Case Backlog: Addressing the significant backlog of cases in Nigerian courts by promoting alternative dispute resolution mechanisms, fast-tracking certain types of cases, and increasing the number of judges and courts.
Anti-Corruption
Justice Kekere-Ekun’s tenure is likely to focus on reinforcing anti-corruption measures within the judiciary. She has a history of supporting actions that strengthen accountability among judges and court officials. Under her leadership, we can expect stricter enforcement of ethical codes, increased disciplinary actions against corrupt practices, and possibly a review of existing policies to close loopholes that allow corruption to thrive.
Judicial Education and Capacity Building
Recognizing the importance of continuous learning in the legal profession, Justice Kekere-Ekun may prioritize judicial education and capacity building. This could involve regular training programs for judges, lawyers, and court staff to keep them updated on the latest legal developments, both locally and internationally. Enhancing the quality of legal education at the foundational level, through reforms in law school curricula and bar examinations, might also be on her agenda.
Access to Justice
Improving access to justice for all Nigerians, especially the marginalized and underserved communities, is likely to be a priority for Justice Kekere-Ekun. This may involve expanding legal aid services, simplifying legal procedures to make them more accessible, and ensuring that justice is not delayed due to financial or logistical barriers.
Human Rights Protection
Justice Kekere-Ekun has shown a strong commitment to upholding human rights in her judicial career. As CJN, she is expected to continue this focus by ensuring that the judiciary plays a proactive role in protecting the rights of all citizens. This could involve closer scrutiny of cases involving human rights abuses and ensuring that the judiciary remains a strong check against any potential overreach by other branches of government.
Public Confidence in the Judiciary
Restoring and maintaining public confidence in the judiciary is another crucial aspect of her agenda. Justice Kekere-Ekun understands that the judiciary must not only be fair but also be seen to be fair by the public. This may involve greater transparency in judicial processes, public outreach programs to educate citizens about their legal rights and the functioning of the judiciary and ensuring that the judiciary’s decisions are well-reasoned and accessible.
Justice Kudirat Kekere-Ekun’s tenure as the Chief Justice of Nigeria is poised to be transformative, with a focus on strengthening the independence, integrity, and efficiency of the judiciary. Her agenda reflects a deep commitment to upholding the rule of law, protecting human rights, and ensuring that the Nigerian judiciary remains a pillar of democracy. While she will face significant challenges, her experience and dedication suggest that she is well-prepared to lead the judiciary through this critical period.
