Expectations are high as Justice Kudirat Adetokunbo Motunmori Kekere-Ekun, takes over as the number one law officer of the country.
Justice Kekere-Ekun, who is assuming office as the Chief Justice of Nigeria, at a time major observers rate the judicial institution low, is the country’s second female CJN, after Justice Mariam Aloma Mukhtar.
The appointment of Justice Kekere-Ekun was announced on Thursday, after the National Judicial Council (NJC) 106th meeting which was held on August 14 and 15.
The NJC meeting was presided by the now retired CJN, Justice Olukayode Ariwoola, who bowed out on August 22.
Justice Kekere-Ekun, who has delivered numerous lead judgements, is not new to major decisions that have created mixed reactions.
Delivering the lead judgement in the case of Uzodinma vs Ihedioha, over the Imo State governorship dispute in January 2020, Justice Kudirat Kekere-Ekun stated that the matter seeking to disqualify Uzodinma raised fresh issues that could only be brought through leave of the apex court, adding that being a pre-election matter, it could only be commenced at the high court as provided by Section 87(9) of the Electoral Act.
“Failure to seek and obtain the requisite leave renders the issue so raised incompetent,” she said.
In January 2024, Justice Kekere-Ekun also presided in the case of Governor Muhammadu Inuwa Yahaya of Gombe State where her lead judgement dismissed the appeal of the People’s Democratic Party (PDP), Mohammed Barde, challenging the March 18, 2023 elections.
Justice Kekere-Ekun also presided over the case between the PDP and another vs Barrister Sopuluchukwu E. Ezeonwuka and another (2017) where she held that the court must use its records and file to arrive at substantial justice in any adjudication.
By this, she established the importance of recording in determining matters before the court as the primary source of exhibits and evidence involved in the case.
In a 2018 case, Justice Kekere-Ekun upheld the legal principle that the burden of proof in a case rests with the claimant. She held that where the claimant seeks declaratory reliefs, the burden of proof rests on them to prove their entitlement.
She asserted, “A declaratory relief will not be granted, even on an admission.
“The claimant is also not entitled to rely on the weakness of the defence, if any.
“It has been held that the rationale for this position of the law is that a claim for declaratory rights calls for the exercise of the court’s discretionary powers in favour of the claimant.
“He must, therefore, place sufficient material before the court to enable it to exercise such discretion in his favour.”
In 2019, Justice Kekere-Ekun delivered a concurrent judgement in the case between the Centre for Oil Pollution Watch and the Nigerian National Petroleum Corporation, now named Nigerian National Petroleum Company Limited (NNPCL), where she declared that a party affected by developmental activities has the locus to sue, especially where environmental impact was made on marine life, water, streams/rivers occasioned by the alleged negligence of the defendant.
On August 22, Justice Kekere-Ekun resumed work as the Acting Chief Justice of Nigeria (CJN) after she was on August 15, recommended to President Bola Ahmed Tinubu for appointment by the National Judicial Council (NJC).
Justice Kekere-Ekun, nee Fasinro, was born on May 7, 1958. She obtained her LL. B in 1980 from the University of Lagos. She was called to the Nigerian Bar on 10th July, 1981.
She also obtained an LL.M from the London School of Economic and Political Science in November 1983. From 1985 to 1989, she was in private practice and later appointed a Senior Magistrate Grade II, Lagos State Judiciary in December 1989. She was appointed a judge of the High Court of Lagos State on July 19, 1996. She served as Chairman, Robbery and Firearms Tribunal, Zone II, Ikeja, Lagos, from November 1996 to May 1999.
Justice Kekere-Ekun was elevated to the Court of Appeal on 22nd September 2004, where she served in various divisions of the court and as presiding justice of two divisions of the court (Makurdi & Akure) in 2021 and 2023, respectively.
She was elevated to the Supreme Court of Nigeria as the 5th female justice of the court and was sworn in on Monday, July 8, 2013.
She has attended numerous courses and seminars within and outside Nigeria and also received several merit awards.
Justice Kekere-Ekun is a life Bencher, a member of the International Association of Women Judges and currently its President. She is married with children.
Expectations
Lawyers and civil society operatives have called on Justice Kekere-Ekun to ensure reforms in the judiciary.
Judicial reform experts, the Tap Initiative, had, at a recent forum listed areas such as judicial appointments, abuse of interim injunctions, ex parte orders, conflicting judgements, judicial discipline, accountability, timeline for political cases and reform of the Supreme Court as areas the new CJN needs to address to enhance public confidence in the judiciary.
A speaker at the forum and activist, Aisha Yesufu, called on the judiciary to remove itself from election disputes and compel the electoral umpire to do the right thing.
She requested the new CJN to address the 2024 report by the UNODC that identified the judiciary as the most corrupt public institution in the country.
Reacting to the appointment of the new CJN, a former Dean of Law at the Nile University, Abuja, Professor Abdullahi Shehu Zuru, charged the CJN to meet the expectations of the citizens by investing its energy in repositioning the judiciary to meet the expectations of what he described as the increasingly exasperated Nigerians about cost, delays and integrity of justice.
“I am optimistic that the new leadership has what it takes to revamp the fortune of the judiciary through vigorous and consistent reengineering of the internal ageing and defaulting structures,” he said.
He commended the professional decorum around the binding ritualistic playbook of the judiciary for seamless transition in the leadership of the judiciary.
“It goes to show that despite inherent challenges of public perception, the judiciary is in good shape,” he added.
Similarly, Abuja-based lawyer, Hameed Jimoh Esq said although he believes the new CJN is aware of the reforms needed to reposition the judiciary, some areas stand out such as, “Review and effective and efficient implementation of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
“The issue of NJC involvement with the process of judicial appointments at all levels by ensuring that the process is based on merit and free of nepotism and favouritism.
“Realisation of actual funds for the running of the judiciary and welfare incentives for all judicial officers across the federation.
“Judicial discipline of erring and indolent judicial officers.
“Synergy with other arms of government towards effective and efficient judiciary as an arm of government.
“Recommendation for additional judicial officers to support the existing judicial officers.
“Institutionalisation of judiciary built on technological innovations and empowerments, among others reforms.”
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