OPINION: Does Kekere-Ekun Possess The Elixir?
This afternoon, I was riveted to my television screen as I witnessed the grandeur and ceremony surrounding the official swearing-in of Honourable Justice Kudirat Motonmori Olatokunbo Kekere-Ekun as the Chief Justice of Nigeria. For clarity, Kekere-Ekun is now entrusted with the authority to lead the Bench in Nigeria.
Section 230 of the Constitution states, "There shall be a Chief Justice of Nigeria." Additionally, Section 3 of the Supreme Court Act provides that "a person holding the office of the Chief Justice of Nigeria shall vacate that office when he attains the age of seventy years." The procedures for appointment and eligibility are explicitly defined in Section 231 of the Constitution of the Federal Republic of Nigeria. As the most senior justice of the Supreme Court, Kudirat Kekere-Ekun is presumed to have fulfilled the constitutional requirements.
However, in a judiciary desperately in need of reform, the question arises whether Honourable Justice Kekere-Ekun possesses the requisite willpower, legal acumen, and unwavering integrity to restore the judiciary's damaged image. In his esteemed work, Handbook of Law, Samuel Johnson asserts, "Law is the result of human wisdom adding upon human experience for the benefit of the public," suggesting that law exists to ensure an orderly society, as opposed to the Hobbesian state where life was "nasty, brutish, and short."
The Nigerian judiciary, as the third arm of government, has been hailed as the last hope of the common man, guaranteeing justice and protection of rights and fundamental freedoms. Regrettably, recent experiences in Nigeria have been characterized by contradictions and a judiciary lacking in dignity, integrity, and morality. Instances of conflicting ex parte orders and the procurement of black market judgments have tarnished the judiciary's reputation.
The Kano State Governorship appeal of last year, where conflicting decisions were issued by the same court, exemplifies the erosion of trust and respect.
While courts are manned by human beings and judges are not infallible, Nigeria has a distinguished history of respected jurists such as Chukwudife Oputa, Kayode Eso, and Niki Tobi. Kudirat Kekere-Ekun has demonstrated herself to be a competent and qualified jurist, with a rich intellectual pedigree built over years of dedicated service on the Bench.
However, as a lawyer, I am compelled to express reservations about fully celebrating Kudirat Kekere-Ekun. This is due to concerns over some of her controversial judgments, particularly the Supreme Court's 2020 decision in the Imo State Governorship appeal, which controversially declared the fourth-place candidate as the winner. Many Nigerians, including legal scholars, remain perplexed by the mathematical anomaly of that judgment. As late Justice Oputa remarked in Adesanya v. Adegoke, "We are final, not because we are infallible, but we are infallible because we are final." This judgment, whether it has enriched or challenged our legal jurisprudence, continues to provoke debate.
As I extend my congratulations to your Lordship on this prestigious appointment to the final Bench, I assert that the success of your tenure will largely depend on the quality of judges and justices with whom you will work. Appointments and nominations must be based on competence, integrity, and fairness. Additionally, the National Judicial Council must fulfill its role in recommending judges for appointment.
As Justice Ariwoola steps down from this esteemed position, may your Lordship remain mindful of the challenges ahead, which may either etch your legacy into the annals of history or tarnish it.
O.N Owan, Esq. writes from Abuja.
