Kudirat Kekere-Ekun assumed office as the 23rd Chief Justice of Nigeria (CJN) yesterday after being sworn in by President Bola Ahmed Tinubu. During her Senate screening, she talked tough, vowing zero tolerance for corruption, speed of justice, enhanced performance of judges and a digitised judiciary. Will she match words with action or is it all rhetoric? Legal giants, who spoke with ADEBISI ONANUGA, set an agenda for her.
Justice Kudirat Kekere-Ekun took office yesterday as the substantive Chief Justice of Nigeria (CJN) following her Senate confirmation last Wednesday.
She succeeds Justice Olukayode Ariwoola, who retired on August 22.
Justice Kekere-Ekun is the second female Chief Justice of Nigeria (CJN) after Aloma Mukhtar, and the 23rd.
She joined the Bench as a Senior Magistrate Grade II in the Lagos State Judiciary in December 1989, where she served for seven years before she was appointed a Judge of the High Court of Lagos State in July 1996.
She sat for eight years and was elevated to the Court of Appeal on September 22, 2004.
For nine years, she served in five divisions of the Court of Appeal, some as presiding justice, until her elevation to the Supreme Court on June 8, 2013.
She told the Senate that one of the things she is known for is integrity and for being strict.
“Therefore, to ensure that the integrity of the judiciary is maintained, I will ensure that the Code of Conduct is fully complied with,” she said
She rolled out several reform plans, promising zero tolerance for corruption in the judiciary, that a committee would be set up to evaluate judgments and performance of judges, that cases that get to the Supreme Court ought to be limited, and that courts would be digitised and judgments instantly uploaded.
She warned there would be consequences for conflicting judgments for both judges and for lawyers who go on forum shopping, and for granting interviews on cases, among others.
On the independence of the judiciary, Kekere-Ekun said: “This is an area that I am also going to take very, very seriously.
“The NJC also has a committee working on this to ensure that we make the screening process rigorous, transparent, and something that the citizenry will be satisfied with when judges are appointed.
“So, I’m going to make sure that this is done and with dispatch.
“We are looking at other jurisdictions to see how they carry out this process and how we can improve our own process in that regard.”
She agreed with the view that there needs to be a limit to the cases that get to the Supreme Court.
“I am of the view that many matters should terminate at the Court of Appeal, especially interlocutory appeals,” she said.
She believes all pre-election matters should terminate at the Court of Appeal so that the Supreme Court can really live up to its designation as a policy court.
“I don’t believe enlarging the number of justices is the solution because the cases are so many. The backlog is tremendous.
“So even if we increase the number of justices, it may not change anything.”
On conflicting judgments, Kekere-Ekun said: “We have the doctrine of stare decisis where a lower court is expected to follow the decision of a higher court.
“Where it is shown that a judicial officer deliberately fails to follow that doctrine, there will be strict consequences
“Also, it is necessary because there are so many complaints about conflicting judgments.”
Lawyers speak
A former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), Chief Wale Taiwo (SAN), a foremost litigator, Wahab Shittu (SAN) and activist and Convener, Access to Justice (A2J), Joseph Otteh pointed out other issues the CJN should address.
Build public trust
Dr Agbakogba urged the new CJN to work very hard to rebuild public trust in the Judiciary which sadly has declined.
“There has to be a complete overhaul of the operating model of the courts.
“To take up to 20 years for cases to crawl up to the Supreme Court gives little confidence to anyone not least investors.”
Agbakoba said her first task is to create a speed of justice programme.
“The courts need new rules of procedure. The current rules are a modified version of the English rules in England just under a 100 years ago .”
To achieve a new modern, he said “ the operating model is not necessarily by appointment of a bench of new Judges, as in the capacity and productivity of one Judge.
“So Judges must be enabled by transformational rules of procedure to work 24/7. The courts never close.
“A claimant may file an action at midnight. A Judge must have what is called case management powers to deal with cases expeditiously with the fundamental objective of speed and to give a result to court users.
“In much the same way that a Medical Doctor treats patients with measurable results.
“The introduction of modern tools of rules of procedure will change the face of our courts”, he contended.
‘Implement Musdapher report’
Dr Agbakoba recalled that the only chief Justice of Nigeria that created the momentum for transformation, was the late Dahiru Musdapher.
“I was his assistant, so I speak first hand . Unfortunately the tenure of CJN Musdapher was only six months.
“I recommend the Musdapher report to the present CJN. I wish her every success”, Dr Agbakoba said.
Chief Wale Taiwo said the new CJN has a lot working in her favour noting that she is coming into office after stability has been achieved in the leadership of the apex court.
He recalled that the immediate past CJN Justice Kayode Ariwoola came into office in the aftermath of an acrimonious exit of two predecessors, Justices Walter Onnoghen and Ibrahim Tanko Muhammad.
He said Justice Kekere-Ekun who will be in office until her retirement when she reaches the age of 70 years in May 2028 will be having the benefits of more than two years which has been the average tenure for our CJN in recent memory.
Leverage full complement of the bench
Taiwo remarked that since the new CJN would have the opportunity of spending almost four years in the saddle, His Lordship would have the benefit of almost a full complement of the statutory number of justices and this will give My Lord some leverage of stability and an opportunity to put in place a reform programme to actualize are laudable plans.
He noted: “ In the first place, Justice Kekere-Ekun has a very good record of service in the judiciary: almost 35 years already, having started as a magistrate in 1989; and experience does not come better than that when it comes to becoming a CJN.
Deploy robust IT to decongest courts
Chief Taiwo expressed full support for the digitisation of the courts. “Robust deployment of information technology infrastructure in the judiciary will go a long way in solving the perennial problem of decongestion in the courts and delay in the administration of justice.
He said it should be unheard of that CTC of judgments cannot be made available to litigants and counsel within 24 hours.
“Every decision must be posted to the court’s website immediately. We have IT infrastructure which can make such seamless at very reasonable costs,” he said.
Limit cases getting to apex court
Taiwo added: “We need to have a constitutional amendment and ensure that the parameters of cases reaching the apex court are defined by their constitutional importance and policy implications.
“I implore the new CJN to embark on a sort of advocacy and to parley with the National Assembly to ensure that the constitution is amended so that the number of cases which can be appealed to the apex court are limited.
“This is very crucial as not only will this bring about some sanity, but it will equally help the justices in terms of their workload as compared to their peers from other jurisdictions.
The SAN noted that lawyers and litigants take advantage of the slow pace of the judicial process to clog the courts.
“So, in this wise, the new CJN must come up with a plan that will facilitate a constitutional amendment so that the apex court’s jurisdiction can be limited to matters that are only germane to, or touching on the constitution and that require pronouncements of the apex court to settle areas of doubt,” he said.
‘Judiciary must be upright’
Chief Taiwo said public perception of the judiciary is at its lowest level.
“Our judges and justices are perceived as corrupt, and only thought of as serving the interests of the ruling class. This should not be the case.
“The judiciary, as the last hope of the common people, must be seen as upright and being in the forefront of promoting rule of law and ensuring that our democratic life is not jeopardised…
“The new CJN must address the discipline in the rank and file of the judiciary.
“We need to examine how judges and justices are headhunted and appointed,” he said.
Instill public confidence
Shittu said Justice Kekere-Ekun’s vision for zero tolerance for corruption and improved judicial performance represents a critical step towards restoring public confidence in Nigeria’s judiciary.
“Her policy directions touch on important aspects of judicial integrity, efficiency, and modernisation, each requiring a structured approach to achieve their realisation,” he said.
Zero tolerance for corruption
Shittu said: “Corruption in the judiciary undermines the rule of law and erodes public confidence in the system.”
He said Justice Kekere-Ekun’s pledge for zero tolerance can be actualised through a multi-pronged approach.
“Establishing a Strong Oversight Committee: The Chief Justice can set up a dedicated committee, composed of members from the National Judicial Council (NJC), the NBA, civil society, and independent anti-corruption experts. This committee would have the mandate to:
“Review complaints of corruption or misconduct within the judiciary and investigate, sanction erring judges and lawyers.”
Shittu advised on the need to embrace a transparent process of monitoring judges’ conduct both inside and outside the courtroom.
He said that in India, the Judicial Standards and Accountability Bill proposed and passed in 2010 laid down enforceable standards for the conduct of judges. It also set up mechanisms for investigating complaints against them, which could serve as a model for Nigeria.
Mandatory asset declarations
He said Judges and key judicial officers should periodically declare their assets to the Code of Conduct Bureau, ensuring transparency.
He said discrepancies between declared assets and visible wealth should trigger immediate investigations.
He gave as an example, Rwanda’s anti-corruption measures which require all public officials, including judges, to declare their assets annually.
“Any unexplained wealth is immediately flagged for investigation. This should serve as a blueprint for Nigeria as well.”
Whistle-blower protections
Shittu said whistle-blower programmes can be enhanced within the judiciary.
“Lawyers, court staff, or even litigants should be able to report judicial misconduct without fear of reprisals. Adequate protections for whistle-blowers should be instituted to ensure confidentiality and safety.”
He said whistle-blowers can lodge reports in three ways:
• Open reporting: Where individuals openly report or disclose information, or state that they do not endeavour to ensure or require their identity to be kept secret.-Confidential reporting: Where the name and identity of the individual who disclosed information is known by the recipient, but will not be disclosed without the individual’s consent unless required by law.
• Anonymous reporting: Where a report or information is received, but no one knows the source. Whistle-blower protection is crucial for the success of anti-corruption detection and enforcement and should be a key aspect of any whistle-blowing system. Example: Some countries, such as Argentina, Bosnia and Herzegovina and the United States, provide protection regardless of whether the reporting person is a public or private sector employee, while other countries have more limited scopes of protection.
Evaluating judgments and judicial performance
Evaluating the performance of judges and their judgments is pivotal in maintaining high standards within the judiciary, Shittu noted.
Establish a judicial performance review mechanism
Shittu said the NJC can set up a body responsible for conducting periodic reviews of judges’ decisions.
This review would assess the quality of legal reasoning in judgments, compliance with judicial precedents and the law and timeliness in delivering judgments and rulings.
He said in Canada, judicial performance is reviewed through the Canadian Judicial Council, which evaluates the conduct of judges based on public complaints, and issues guidelines to improve judicial accountability.
Professional Development and Training
Judges can undergo continuous legal education to update them on changes in the law, case law, and legal technology. Special emphasis, he said should be placed on training judges in ethical standards, anti-corruption practices, and recent legal developments.
Example: Singapore has a robust judicial training system for its judges, who undergo courses at the Singapore Judicial College to sharpen their skills and stay updated on evolving legal standards.
Limiting cases
Shittu said: “To prevent the Supreme Court from being overburdened with cases, especially those that could be resolved at lower tiers, the following reforms can be introduced:
• Strengthening Lower Courts: Strengthening the capacity of appellate and high courts would help reduce the number of cases escalating to the Supreme Court. One way to achieve this is by increasing the number of judges in the appellate courts, training them to handle complex cases effectively, and ensuring that these courts have the resources to function efficiently.
• Establishing Specialised Courts: Specialised courts e.g., tax courts, tribunals, children court, mental health court, patent court, family court, constitutional court etc. can handle specific areas of law and reduce the volume of cases that reach the Supreme Court. Shittu said specialised constitutional courts have been established in South Africa and other jurisdictions to deal with complex constitutional issues, thereby reducing the burden on their highest courts.
• Introduce Certiorari (Permission) Processes: He said the Supreme Court can adopt a system where it grants certiorari (permission) only to cases that involve significant legal or constitutional questions. Example: This practice exists in the United States, where the Supreme Court chooses which cases to hear based on broader legal implications, limiting the number of cases that can be brought before it.
Digitising the courts and uploading judgments
The digitisation courts and the instant uploading of judgments is a crucial step in improving transparency and accessibility, Shittu said.
He believes this policy can be realised through:
• Implementing Court Automation Systems: The judiciary should invest in robust court management software that automates filing, scheduling, and judgment delivery. With modern legal technology, lawyers can file documents electronically, judges can issue rulings digitally, and parties can access court records remotely.
According to him, the National Industrial Court currently operates e-filing, scheduling, and judgment delivery system.
This system, he noted, has significantly reduced delays and enhanced transparency in the NIC system and other tiers of court should adopt the same system.
Addressing conflicting judgments, forum shopping
Shittu said one of the significant challenges to judicial integrity in Nigeria has been the issue of conflicting judgments and forum shopping by lawyers.
Sanctions for forum shopping
Judges and lawyers found engaging in forum shopping or conflicting judgments should face disciplinary action. The NJC and the Nigerian Bar Association (NBA) can jointly enforce sanctions, which could include suspensions, fines, or even disbarment for lawyers involved in unethical practices.
Shittu said in the United States, attorneys found guilty of forum shopping seeking a court thought to be favourable to a particular outcome can face severe penalties, including professional sanctions.
Code of Conduct enforcement
The SAN said the enforcement of the Code of Conduct for judicial officers should be strengthened, ensuring that any judge involved in issuing conflicting judgments faces clear consequences.
“This policy will deter unethical conduct and reinforce the importance of judicial integrity.”
Disallowing media interviews on ongoing cases
To maintain judicial decorum and impartiality, he advised on a strict prohibition on judges or lawyers granting interviews on ongoing cases is essential. This measure could be enforced through:
• Enforcement of Rule 33 of RPC: A lawyer or law firm engaged in or associated with the prosecution or defence of a criminal matter, or associated with a civil action shall not, while litigation is anticipated or pending in the matter, make or participate in making any extra-judicial statement that is calculated to prejudice or interfere with, or is reasonably capable of prejudicing or interfering with, the fair trial of the matter or the judgment or sentence thereon. The NJC and the Nigerian Bar Association (NBA) can jointly enforce sanctions, which could include suspensions, fines, or even disbarment for lawyers involved in unethical practices.
Justice delivery to receive a boost
Shittu expressed confidence that under the new CJN, cases at all levels of the judex will be fast-tracked.
“The registries of our Supreme Court will be sanitised and overhauled to forestall delays.
“He was sure that the disciplinary enhancement proceedings and mechanisms at the level of the NJC under His Lordship’s watch would improve drastically. Ethical standards will improve at all levels phenomenally.
“The quality of professional standards will rise as His Lordship is poised to raise integrity and discipline in the judiciary.
“Justice delivery will receive a boost with the increased development of technology and digitalisation.”
Shittu added: “My expectations are that several panels of the Supreme Court will be constituted to fast-track proceedings and prompt disposal of cases at the Supreme Court.
“Judgements will be released immediately while appellate appeals accelerated….
“By adopting measures such as setting up oversight committees, digitising court processes, limiting Supreme Court cases, and sanctioning unethical behaviour, Nigeria’s judiciary can make significant strides toward regaining public trust.
“Drawing from successful models in other jurisdictions, these reforms can be tailored to fit Nigeria’s unique legal environment and ensure that the justice system works effectively for all.”
Significant changes needed
Otteh noted that similar “good visions” had been laid out in the past, but drew a blank ultimately.
“The problem I think, respectfully, is that our Chief Justices do not fully grasp the scale of the crisis that has engulfed the Judiciary or the intensity and magnitude of the effort that’s required to fix it.
“The whole system requires a massive shake-up and shake-down.
“The faultlines do not comprise merely in forum-shopping, or even in conflicting judgments from courts, including the Supreme Court, if we must observe!
“These are mostly the symptoms of deeper-rooted pathologies so that if we must bring the Judiciary back from the brink, we must inevitably address the root causes of its dysfunctionalities.
“Why do Judges, knowing that their courts are forum-shopped offer the ‘forum-bandits’ the very things sought as if courts are artificial robots?
“Why have policy after policy, sanctions after sanctions against judicial officers failed the solve the reckless and partisan use of ex-parte orders by many Judges? These are not problems you deal with “desk-top” solutions. They require more forensic, trench-digging effort.
“No, I do not think, with respect to the Chief Justice, that her proposals reach to the deep ends of the problems, or cover them in their breadth.
“In my respectful view, we need to make fundamental changes to the way our Judiciary is recruited, and the way it accounts for the power it exercises.
“This will require significant changes to the entire edifice of how the Judiciary functions.
“And to do so will require the Judiciary to give up some of its accustomed privileges, that, in many cases, have been expended in illicit ways, a proposition that hitherto has been very hard for the Judiciary to entertain.
“Given the challenges confronting her, I would expect the new Chief Justice to announce in an audacious way, and in a form that gives no one room to mistake her convictions and preparedness, that our Judiciary is in a state of emergency, and on life support.
“If it must survive, it would have to go through life-changing interventions, and no effort will be spared to rescue it.
“And then draw up a transformation plan, after a rigorous process that identifies the range of the problems and their possible solutions.
“She would then provide the leadership, the backbone, the force of excavation that will see a task force come in to move away the ragged and malignant forces that have constituted the decadence, stumbling blocks, and the rot and debris that has enslaved the Judiciary for so long and led to its ruin.
“This is what a few other countries – like Kenya – have also done to get their Judiciaries breathing again.”
