TheNewsGuru

Tag: CJN

  • Nigerians urge CJN to tackle rot in Judiciary

    Nigerians urge CJN to tackle rot in Judiciary

    …as Odinkalu, Okutepa get International acclaim for advocacy to sanitize the courts

    Nigerians have continued to express concerns over issues of integrity and erosion of trust in the judiciary, urging the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, to address the institutional problems of the third arm of government.

    The call was made during a radio programme, PUBLIC CONSCIENCE, produced by the Progressive Impact Organization for Community Development, PRIMORG, on Wednesday in Abuja.

    A recent investigative report by the Network of African Investigative Reporters and Editors, tagged “Breaking up the Family,” also highlighted how judges in Nigeria have been allegedly captured by political power and the myriad problems bedevilling the judiciary.

    Speaking during the radio programme, Gloria Mabeiam Ballason Esq., renowned lawyer and CEO of House of Justice, identified institutional issues, including disciplining erring judges, independence of the judiciary, equality before the law, and appointments of cronies and associates of judges to the bench, among others, as some of the challenges that must be addressed urgently.

    Ballason described the hobnobbing and closeness between the judiciary, the executive arm of the government, and, by extension, politicians as unsettling. She added that despite being appointed by a political leader, judges owe total allegiance to the Nigerian state, not the politician who appointed them.

    She faulted the manner of disciplining judges, where erring officers were suspended and allowed to return to work after serving their punishment. While rooting for the total sack of judicial officers found wanting, she stressed that the very best should be appointed as judges and allowed to head the affairs of the judiciary.

    “There are institutional issues that need to be addressed. Has the National Judicial Council (NJC) been able to do the job? And when they do their job, is the sanction sufficient for the infractions submitted? And also, have we been able to ensure that we can decisively address matters that arise regarding erring judges?

    “There are sanctions that have been in accordance with the rules. What are the punishments or sanctions that are meted out for certain infractions that take place? What does the code of conduct say? For instance, when a judge is found to be corrupt, and what is done is a suspension of that judge, I do not think that’s right, because in suspending a judge and returning him thereafter, you have not purged him sufficiently. If he is found wanting in this regard, the judge loses the moral authority to preside over those kinds of judgments.

    “As for the judges, the independence of the judiciary will always be tested if the code of conduct of judges does not become the guiding principle of what they do. The other aspect is the question of equality before the law, which is not just a universal concept. Still, it also has a direct link to the independence of the judiciary. The idea of equality before the law means that when you have done something wrong, you should be able to account for it.

    Ballason reminded citizens of their role in ensuring the judiciary plays its expected role, saying that people are supposed to register their discontent with questionable judgments by the courts in Nigeria.

    “I believe that the Nigerian people have a huge role to play because the judges are not judges of another country, they are judges of the Federal Republic of Nigeria, and no one has a higher stake than the rest of us. In the Imo state matter (Uzodinma vs Ihedioha), I expected the people to stand up and refuse the judgment because even the law should not have the power to overrule justice and what has been written,” She stated.

    On his part, the Coordinator of the Network of African Investigative Reporters and Editors in Nigeria, Dr Theophilus Abbah, aligned with the call for CJN Kekere-Ekun and the National Judicial Council, NJC, to address shortcomings of the judiciary, adding that stringent sanctions against erring judges will send the right signal.

    Abbah lauded the efforts of former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, and Jibrin Okutepa, SAN, for consistently promoting the rule of law and exposing the wrongdoing in the judiciary against great odds for decades in Nigeria.

    The award winning investigative journalist called on lawyers and citizens to join forces with the duo of Odinkalu and Okutepa to speak up against the rot in the judiciary and demand accountability when necessary.

    “The CJN has her job cut out for her, you have to discipline your judges that’s very important.

     “I am advocating that more Nigerians should join in calling out corrupt judges and using technology, a lot of people have become careful.
    We have lawyers who are not afraid of challenging judges in other African countries. We can do it here.

    “Many more lawyers who understand how things are going should come out. Those who have privileged knowledge should join in.”

    “We can’t be having a judiciary that is appointed by politicians. We have the wives and daughters of governors, their in-laws, and generally those close to politicians appointed. We understand that becoming a judge in Nigeria requires the recommendation of a politician, with that you will be working for those politicians, and it is not good for our democracy.

    “Even the idea of saying the public should scrutinize judges, no, there are laid down procedures, requirements for becoming a judge. If the NJC follows those requirements, they will do the right thing.

    On deciding elections, Abbah asserted that judges must take responsibility and must not submit to the dictates of politicians. He warned that “Judges are next to God and must be careful over their pronouncements and decisions at the court which becomes a judicial precedence at the long run.

    Reacting, one of the radio listeners, Dr. Mrs Nma Olebara from Owerri had these to say: ” Nigerians have lost faith in the Judiciary because it is alleged to be bedeviled with corruption, indiscipline, lawlessness, and unwholesome practices. It has been an instrument of promotion of undemocratic principles in this country.

    “Influential politicians have been using the judiciary to achieve their selfish interests, thereby frustrating genuine efforts of deepening democratic norms; and until we overhaul, cleanse, purge and reform the Judiciary, we will continue running in circles with one step forward and ten steps backward”.

    It will be recalled that the CJN, Justice Kudirat Kekere-Ekun, had also called on judges of lower courts to uphold their integrity and maintain the highest standards of ethics and professionalism in the discharge of their duties.

    She made the call on Monday in Abuja, while speaking at the induction of newly appointed magistrates and judges of Sharia, Area, and Customary Courts.
     
    Public Conscience is a syndicated weekly anti-corruption radio program that draws the government’s and citizens’ attention to corruption and integrity issues in Nigeria.
    The program runs in partnership with the MacArthur Foundation.

  • CJN reveals why Courts give confliting decisions

    CJN reveals why Courts give confliting decisions

    The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has blamed the frequent occurrence of conflicting court decisions on the lack of conferencing by various panels of the appellate courts.

    Justice Kekere-Ekun, who stated this while declaring open the 2024 Justices Annual Conference of the Court of Appeal in Abuja Monday, expressed concern over the menace of conflicting decisions and specifically called on presiding justices of the Court of Appeal to imbibe the practice.

    According to the CJN, conferencing is an essential tool that promotes mutual respect, deepens understanding and enhances the quality of the court’s decisions.

    “Now, the issue of conflicting decisions is one of great concern in our community at present time, and one of the reasons that we have conflicting decisions is because many panels do not hold conferences to discuss all reserve judgments.

    “It is strongly recommended that conferences be held. I cannot overemphasize this point. We are an appellate court for a reason, and the reason is that several heads are better than one.

    “So holding conferences, exchanging opinions and ideas on matters that come before us is extremely essential. We have presiding justices here, and if it has not been your practice, I want to appeal to you that you start making it a practice. It is a very, very essential tool in the work that we do,” she said.

    Besides, the CJN admonished that these conferences be held in good time so that where there are conflicting opinions, they can bey discussed before judgments are given, adding that the justices thoroughly examine judgments of the trial courts in order to see the reasons for those judgments before they were appealed.

    “We have recent decision or a case where a wrong interpretation was given to the decision of this court that informed the decision of the trial court. So some of these things will probably be brought to light in the process of holding conference. So that is my singular message here, that conference is a safe place,” the CJN stressed.

    Meanwhile, the CJN has tasked judges and justices of various courts to be introspective in order to turn around the negative perceptions of the judiciary.

    She stated that through introspection, justices can examine how their collective processes can be improved, ascertain whether their judgments are addressing the root issues brought before them, as well as whether they are sufficiently attuned to the broader societal implications of their decisions.

    Kekere-Ekun further stated that through introspection, the judiciary can surmount some of its challenges such as case backlogs and funding constraints.

    In a goodwill, the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), noted that the theme of the conference, ‘Judicial Introspection’ is particularly instructive and indicates the intention of the organizers to use the conference as a barometer to gauge the accomplishments of the court and also provide a compass to guide optimal performance in the future.

    While remarking that the Nigerian judiciary has a long and proud history of dispensing justice without fear or favour, the AGF maintained that the Court of Appeal, in particular, has to a great extent demonstrated unwavering commitment to upholding the principles of justice, equity and fairness.

    “Your judgments have set precedents, shaped legal discourse, shaped the course of several aspect of our national life, and your commitment to upholding the constitution and established principles of law and natural justice has provided a beacon of hope for countless individuals and entities seeking justice,” he said.

    Fagbemi, who observed that issues such as political interference, public opinion (especially perpetrated on social media), and even well-intentioned efforts to improve the justice system pose as challenge to judicial independence, urged the justices to remain vigilant and steadfast in the defence of judicial independence.

    He however pledged to uphold the principle of judicial independence as the chief law officer of the country.

    Earlier in her welcome, the President of the Court of Appeal (PCA), Justice Monica Dongban-Mensem, observed that the ever-evolving nature of our landscape demands that we engage in regular self-reflection, evaluation and strategic planning.

    “This conference offers a unique opportunity for introspection, knowledge-sharing and growth among stakeholders. We are deeply grateful for the participation of our distinguished resource persons, whose expertise and experiential knowledge will undoubtedly enrich our deliberations.

    “Justices occupy a position of paramount importance in the administration of justice with their decisions exerting a profound impact on individuals, communities and society at large. Nevertheless, despite their expertise and experience, justices are not immune to the limitations inherent in human decision-making, including errors, biases, and prejudices.

    “To address these limitations and ensure the delivery of justices, judicial introspection offers a mechanism for self-reflection, in-depth analysis, and ongoing improvement,” she said.

    While acknowledging the benefits of social media, the PCA observed that the technological shift has also generated a range of challenges for the judiciary, including the management of online reputation, cyber-bullying and harassment.

    “The preservation of the integrity of digital evidence in the context of legal proceedings is now a thing of concern. To effectively navigate these complexities, it is only appropriate for the judiciary to engage in a process of regular intellectual upliftment.

    “A regular examination of existing practices, procedures and policies to ensure their efficacy, efficiency and fairness in the digital age is imperative.

    “The increasing integration of artificial intelligence (AI) within the judiciary has the potential to revolutionize the administration of justice, enhancing efficiency, improving decision-making, and expanding access to justice. However, the deployment of AI in judicial contexts also raises profound questions regarding bias, transparency and accountability. To address these issues, the judiciary must carefully examine its own utilization of AI and ensure that adoption is as an adjudicatory tool and not a replacement of the judge,” she said.

  • What I expect from Kekere-Ekun as CJN – Tinubu

    What I expect from Kekere-Ekun as CJN – Tinubu

    President Bola Tinubu on Friday administered oath of office on Justice Kudirat Kekere-Ekun as the acting Chief Justice of Nigeria (CJN), pending her confirmation by the Senate.

    The swearing in of the 23rd Chief Justice of Nigeria and the second female justice to hold the office took place at the Council Chamber of the State House, Abuja.

    In his remarks, President Tinubu urged the acting Chief Justice of Nigeria to defend the independence of the judiciary and promote the cause of justice.

    The President emphasized the importance of strengthening mechanisms that will uphold and enhance integrity, discipline, and transparency in the judiciary.

    ”Undoubtedly, the position of the Chief Justice of Nigeria comes with enormous responsibilities as the head of all judicial institutions in the country. It is a position of considerable influence that demands temperance and sobriety.

    ”The occupant of the office must exude the highest level of integrity in the discharge of their duties. This is more so because of the finality of the Supreme Court’s judgments.

    ”I, therefore, urge your Lordship to be faithful and loyal to the Constitution when discharging your duty as the acting Chief Justice of Nigeria.

    ”I also encourage you to defend the judiciary’s independence and always promote the cause of justice. It is vital that you strengthen all mechanisms for integrity, discipline, and transparency in the judicial sector, and pursue other reforms or initiatives to sustain and build public confidence in the judiciary,” the President stated.

    President Tinubu also lauded the contributions of Justice Kekere-Ekun to the judiciary, noting that she is coming to the position with an admirable family and professional pedigree.

    ”Over the years, she has established a respectable and incorruptible reputation within the bar and the bench, which asserts the cause of justice.

    ”Her meritorious rise from a magistrate to justice of the Supreme Court is a testament to her exceptional talent, hard work, unblemished record, strong work ethic, and dedication to her calling as a priest in the temple of justice.

    ”Her sterling contribution to the growth of the Nigerian judiciary has been remarkable. We are inspired by her unwavering commitment to a higher ideal of upholding the principles of fairness and a strong commitment to humanity.

    ”Justice Kekere-Ekun is a brilliant lawyer who was called to the Nigerian Bar in 1981. She’s now a trailblazer becoming the second woman to hold this esteemed position after Honourable Justice Aloma Mariam Mukhtar, GCON,” the President said.

    President Tinubu noted that the appointment of the acting Chief Justice of Nigeria is an inspiration and a beacon of hope to young women who aspire to break glass ceilings across sectors and seek to make meaningful impact on society.

    Reflecting on the roles and evolution of the Nigerian Supreme Court since it was empowered by the 1963 Constitution to take over from the then Judicial Committee of the Privy Council as the highest court, the President noted that the court has played a critical role in resolving complex legal conflicts, even under the military.

    He acknowledged the role of the Supreme Court in shaping public policies that impact all segments of society, citing the recent interpretation of the 1999 Constitution (as amended) regarding the financial autonomy of local councils in Nigeria.

    Highlighting the expedited passage of the Judicial Autonomy Act of 2024, which increased the remuneration of judicial officers by 300 percent, President Tinubu assured the judiciary of continued support from his administration in the expeditious improvement of its welfare and capacity.

    He cited the appointment of 11 new justices of the Supreme Court in December 2023, which is enabling the court to work efficiently as it attained its full complement of 21 justices for the first time in decades.

    ”Let me also reassure you that the judiciary under this administration will continue to receive prompt and adequate attention, recognizing its status as a driver of social order, rule of law, peace, security and economic development,” the President said.

    President Tinubu also expressed gratitude to the immediate past Chief Justice of Nigeria, Justice Olukayode Ariwoola, commending him for his 32 years of service to the judiciary and the nation.

    Speaking to the media after the swearing-in, the acting Chief Justice of Nigeria pledged to elevate the judiciary to new heights, improve its reputation, and sustain public confidence in the judicial system.

    ”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 are, 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.

    ”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,” the acting Chief Justice of Nigeria said.

    The event was witnessed by Senate President Godswill Akpabio; the immediate past Chief Justice of Nigeria, Justice Olukayode Ariwoola; former Chief Justice of Nigeria, Justice Mahmud Mohammed; justices of the Supreme Court, senior judicial officers, and some members of the Federal Executive Council.

    The family of the acting Chief Justice of Nigeria, led by her spouse, Mr. Akin Kekere-Ekun was also present at the State House Council Chamber.

    As part of measures to ensure the welfare of the judiciary, the federal budgetary allocation to the institution was increased by 100 percent during President Tinubu’s first year in office.

  • Acting CJN vows to revolutionize judiciary, restore public trust

    Acting CJN vows to revolutionize judiciary, restore public trust

    Acting Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has made a solemn commitment to spearhead a transformative era in the nation’s judiciary, vowing to elevate its stature and reputation to unprecedented heights.

    Following her formal swearing-in ceremony, conducted by President Bola Tinubu, Kekere-Ekun articulated her unwavering dedication to revitalizing the judiciary’s image and restoring the public’s trust and confidence in the institution.

     

    She emphasized the imperative of collective effort and cooperation among stakeholders to address the existing shortcomings and challenges plaguing the judiciary.

    To achieve this vision, Kekere-Ekun identified key areas of focus, including:

     

    Implementing a more rigorous and transparent process for appointments to the bench

    Ensuring discipline and accountability on the bench and bar

    Fostering a culture of faith and trust in the judicial system among Nigerians

     

    With unbridled optimism, Kekere-Ekun expressed her conviction that, by the end of her tenure, Nigeria will boast a judiciary that citizens can be proud of, one that is renowned for its integrity, efficiency, and unwavering commitment to justice.

    The swearing-in ceremony, held at the Council Chamber of the State House in Abuja, marked the beginning of her journey as Acting CJN, pending her confirmation by the senate.

  • BREAKING: Kudirat Kekere-Ekun sworn-in as new CJN

    BREAKING: Kudirat Kekere-Ekun sworn-in as new CJN

    Justice Kudirat Kekere-Ekun has been sworn-in as the 23rd Chief Justice of Nigeria (CJN) by President Bola Ahmed Tinubu at the State House, Abuja.

    She will operate in acting capacity until conformation by the Senate.

    According to The Nation, Justice Kekere-Ekun took her Oaths around 11:38am and took her rightful sitting position in the Council Chambers on the left hand side of the President at exactly 11:45am.

    Justice Kekere-Ekun is assuming her new role as CJN following the retirement of Justice Olukayode Ariwoola and her nomination and presentation to President Tinubu by the National Judicial Council (NJC) on August 15.

    Kudirat Kekere-Ekun, is the second Nigerian female jurist to serve as the Chief Justice of Nigeria, after Justice Aloma Mariam Mukhtar, who was the Chief Justice of Nigeria between July 2012 and November, 2014.

    Among those who witnessed the event were other Justices of the Supreme Court; the President of the Senate, Godswill Akpabio; the leadership of the House of Representatives, represented by Prof Julius Ihonbvere; the Governor of Lagos State, Babajide Sanwoolu; and immediate past Chief Justice of Nigeria, Justice Olukayode Ariwoola.

    Also present at were the Secretary to the Government of the Federation (SGF), George Akume; National Security Adviser (NSA), Nuhu Ribadu; Chief of Staff to the President, Femi Gbajabiamila; Minister of Information and National Orientation, Mohammed Idris.

    Kudirat Kekere-Ekun was born on May 7, 1958, in London, United Kingdom. Her journey in the legal profession commenced at the University of Lagos where she obtained her first degree in law in 1980. After she completed the Nigeria Law School, she was called to the Nigerian Bar on July 10, 1981.

    She was awarded a Master of Law in November 1983 at the London School of Economics.

    Kekere-Ekun began her career in the judiciary as a Senior Magistrate II in the Lagos State Judiciary before being promoted to the status of State High Court Judge.

    She also served as the Chairman of the Robbery and Firearms Tribunal, Zone II, Ikeja from November 1996 to May 1999.

    Kekere-Ekun was appointed to the Court of Appeal in 2004 in recognition of her contribution to the development of the judiciary.

  • Why cases delay at Supreme Court – Retired CJN

    Why cases delay at Supreme Court – Retired CJN

    The retired Chief Justice of Nigeria, Justice Olukayode Ariwoola has alluded to reasons why cases delay at the Supreme Court of Nigeria. Justice Ariwoola, who gave the reasons in his speech at a valedictory court session in his honour, called for measures to be put in place to reduce the backlog of cases at the Supreme Court.

    Ariwoola noted that there are too many cases before the apex court which ought to have terminated at the appellate court. He said that the right to fair hearing can only be guaranteed when lawyers and litigants do not have to wait for so long to have their cases adjudicated upon. He also stressed the need for the bench to have more judicial officers to adjudicate on all matters timeously.

    “Access to justice has contributed largely to the delay in the hearing of cases as litigants and lawyers are forced to wait for several years to have their cases decided,” the outgoing CJN, who was appointed a Justice of the Supreme Court of Nigeria in 2011 said.

    Ariwoola was also a Justice of the Court of Appeal between 2005 and 2011 after having been elevated from the State High Court of Oyo State. Ariwoola retired on Thursday, having attained the mandatory retirement age of 70 years.

    FG will not tolerate subversion of democratic government – Fagbemi warns

    Meanwhile, speaking at the valedictory court session, the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, warned that the federal government will not tolerate subversion of the democratically elected government under whatever guise.

    The minister noted that the present administration has a clear mandate of the people, and can only be changed at the end of it’s tenure as prescribed by the constitution. He said that any other mode or attempt to change a democratically elected government except by the constitution is nothing but a clear case of treason and subversion of democratic governance.

    “The laws of the land have made copious provisions on how to deal with treasonable acts, therefore, the full wrath of the law will catch up with such treasonable felony.

    “The government will promote and uphold the fundamental rights of all citizens, but no breach of same rights by any person or organization under any guise except as stipulated by the constitution would be accepted’’.

    He reassured that the federal government is irrevocably committed to massively changing the course of narratives within the country’s justice sector.

    “With the massive turn around being put in place by the present administration, the justice sector will be given a place of pride it deserves.

    “The fg will eradicate all forms of obstacles militating against the modernisation, effectiveness and efficiency of the justice sector.

    “Remember the recent 300 percent salary increment for judicial officers, these efforts of the government will enhance and promote the judiciary as the last hope of the common man’’.

    Fagbemi thanked the Supreme Court for rescuing Local Governments in Nigeria from the claws of governors.

    He called on Attorneys General of States to advise their various governors to obey the judgment of the apex court on the financial autonomy for local government areas in Nigeria.

     

  • BREAKING: Tinubu returns to Nigeria to swear in Kekere-Ekun as CJN

    BREAKING: Tinubu returns to Nigeria to swear in Kekere-Ekun as CJN

    President Bola Tinubu will on Friday at the State House Council Chambers swear in Justice Kudirat Kekere-Ekun as substantive Chief Justice of Nigeria (CJN), following the statutory retirement of Justice Olukayode Ariwoola as CJN.

    TheNewsGuru.com (TNG) learnt President Tinubu, who travelled to France on Monday for a brief working visit, is expected back in the country for the swearing in of Justice Kekere-Ekun as substantive CJN.

    It was gathered that the President will depart Nice, France around 9 pm on Thursday and arrive in the country via the Nnamdi Azikiwe International Airport, Abuja at 12:49 am to swear in Kekere-Ekun.

    Kekere-Ekun rose to the position of CJN following the statutory retirement of Justice Olukayode Ariwoola, who was sworn in as CJN in 2022. Justice Ariwoola attained the mandatory retirement age on Thursday.

    President Tinubu, has meanwhile, commended Ariwoola for his services to the nation, noting “his impactful leadership of the judiciary and his efforts in enriching Nigerian jurisprudence, as well as in strengthening the fibre of the law”.

    Recall that the National Judicial Council (NJC) at its 106th meeting had recommended Justice Kekere-Ekun to President Tinubu for appointment as CJN. Kekere-Ekun is expected to take over the leadership of the Nigeria’s judiciary in substantive capacity after her swearing in.

    TNG reports Justice Kekere-Ekun, born in 1958, joined the Supreme Court in July 2013. She was a judge of the High Court of Lagos State before her promotion to the Appeal Court in 2004. Kekere-Ekun was called to the Bar in 1981 and appointed an Appeal Court judge in 2004.

    Justice Kekere-Ekun would be sworn in as the 23rd Chief Justice of Nigeria. She will be the second woman to be CJN after Justice Aloma Mukhtar, who was sworn in as the first woman CJN on July 16th, 2012. Kekere-Ekun is due for retirement in 2028 when she will attain the 70-year mark.

  • BREAKING: Justice Kekere-Ekun succeeds Ariwoola as CJN in acting capacity

    BREAKING: Justice Kekere-Ekun succeeds Ariwoola as CJN in acting capacity

    Following the statutory retirement of Justice Olukayode Ariwoola on Thursday on his 70th birthday, Justice Kudirat Kekere-Ekun will succeed him as the Chief Justice of Nigeria (CJN) in acting capacity.

    TheNewsGuru.com (TNG) reports Justice Kekere-Ekun will assume the position of CJN in acting capacity in line with the tradition as the most senior Justice of the Supreme Court of Nigeria.

    Justice Ariwoola joined the Supreme Court on November 22, 2011, and subsequently assumed the role of CJN on June 27, 2022, after the resignation of his predecessor, Justice Tanko Muhammad.

    Recall that the National Judicial Council (NJC) at its 106th meeting has recommended Justice Kekere-Ekun to President Bola Tinubu for appointment as CJN.

    Kekere-Ekun is expected to take over the leadership of the Nigeria’s judiciary from today as Justice Ariwoola proceeds on statutory retirement having attained the mandatory retirement age of 70 years.

    The appointment of Justice Kekere-Ekun as substantive CJN is subject to the approval of President Tinubu. When her appointment is approve, she will be the second woman to be CJN.

    On July 16th, 2012, Aloma Mukhtar was sworn in as the first woman CJN by the then serving President Goodluck Jonathan, who conferred on her the National Honour of the Grand Commander of the Order of Niger (GCON).

    TNG reports Justice Kekere-Ekun, born in 1958, joined the Supreme Court in July 2013. She was a judge of the High Court of Lagos State before her promotion to the Appeal Court in 2004..

    Kekere-Ekun was called to the Bar in 1981 and appointed an Appeal Court judge in 2004. She is due to retire in 2028 when she will attain the 70-year mark.

    Groups set agenda for incoming CJN, seeks Supreme Court reform

    Meanwhile, some civil society groups have set agenda for Justice Kekere-Ekun, tasking her to address key issues undermining the judiciary’s institutional integrity, effectiveness and service delivery.

    The groups made this known on Tuesday in Abuja at a roundtable where a five-point agenda was prepared as a guide for the incoming CJN.

    The event was organised by Tap Initiative for Citizen Development in partnership with Network of University Legal Aid Institutions (NULAI).

    The Executive Director of Tap Initiative, Martin Obono, while speaking, said Justice Kereke-Ekun must ensure merit-based judicial appointments in line with Section 231 of the 1999 Constitution.

    Obono said the new CJN must be ready to address the problem of abuse of interim injunctions and ex-parte orders as well as conflicting judgments by implementing clear guidelines and improving judicial coordination.

    He said discipline and accountability should be enhanced within the judiciary, while “the crisis of political cases, election petitions, and judicialisation of politics” should be tackled. Obono equally called for the reform of the Supreme Court.

    The Executive Director of Digicivic Initiative, Mojirayo Ogunlana, said reforming the Supreme Court of Nigeria necessitates both structural and procedural enhancements to improve its efficiency and effectiveness. According to her, the Supreme Court is overburdened.

    Ogunlana, therefore, said the changes required would entail leadership from the CJN as well as cooperation with the elected branches of government, especially the National Assembly.

    “The National Assembly should review and re-enact the Supreme Court Act and amend the constitution to limit the kinds of cases or appeals that can be introduced to the Supreme Court.

    “This amendment should enable the Supreme Court to set up a threshold admissibility competence by which it can decline appeals that are unsuitable, unmeritorious, or which merely involve already settled principles of law.

    “The full digitisation of the Supreme Court is overdue. Judgments should be publicly available on the day they are delivered and it should be possible to do filings at the court remotely.

    “The court needs to implement a structured system of judicial clerkships which would help to relieve justices of some of the tedium of research and writing,” she said.

    According to Ogunlana, it is imperative to invest significantly in ongoing training and capacity-building for justices, as emphasised in Section 292 of the 1999 Constitution.

    “This training should focus on equipping justices with the skills necessary to navigate complex and evolving fields, such as Information technology and artificial intelligence, which are increasingly relevant in contemporary legal contexts.

    “By ensuring that justices are well-prepared and up-to-date with the latest developments in these areas, the judiciary can enhance its ability to handle sophisticated cases effectively and deliver more informed judgments,” she said.

    A member of the Nigerian Bar Association (NBA), Mr Folarin Aluko, urged the new CJN to urgently tackle the incidences of conflicting judgements and abuse of interim injunctions.

    “There should be a clear practice directions on management of territorial jurisdiction overlaps. It is suggested for this purpose that the structure and scope of such overlaps be agreed at the All Nigerian Conference of Judges and the practice directions should be uniform across all the court systems in the country,” he said.

    On her part, a rights activist, Aisha Yesufu, called for the introduction of a mechanism for increased financial transparency, accountability and public reporting so as to restore public trust.

    She also stated that disciplinary processes should be “both prompt and decisive and dispositions or punishment should be calibrated to be proportionate to the seriousness of the misconduct found.”

  • Justice Ariwoola retires at 70, calls for Supreme Court reforms

    Justice Ariwoola retires at 70, calls for Supreme Court reforms

    Justice Olukayode Ariwoola retired as the Chief Justice of Nigeria (CJN) on Thursday, marking his departure with a call for reforms to reduce the heavy caseload at the Supreme Court.

    He emphasized that many cases reaching the apex court should have concluded at the appellate level, highlighting how this burden contributes to delays in justice.

    Speaking at his valedictory session at the Supreme Court in Abuja, Justice Ariwoola noted that while access to justice is crucial, the prolonged wait for case resolutions undermines the right to a fair hearing.

    He stressed the importance of increasing the number of judicial officers to expedite case adjudication.

    Following his official retirement, a book titled *Judging With Justice*, written in his honor, was publicly presented at the International Conference Centre in Abuja.

    Vice President Kashim Shettima, FCT Minister Nyesom Wike, and Justice Kudirat Kekere-Ekun—who has been recommended to succeed Justice Ariwoola—were among the dignitaries in attendance.

    Justice Ariwoola was appointed as acting CJN by then-President Muhammadu Buhari in June 2022 after the resignation of Justice Tanko Muhammad for health reasons.

    His appointment was confirmed by the Senate, and he was formally sworn in as CJN in October 2022.

    Justice Ariwoola’s judicial career began with his appointment to the State High Court of Oyo State, followed by his elevation to the Court of Appeal in 2005, and eventually to the Supreme Court in 2011.

    He holds a law degree from the University of Ife (now Obafemi Awolowo University), Ile Ife, and was called to the Nigerian Bar in July 1981.

    Today, August 22, 2024, Justice Ariwoola celebrates his 70th birthday, coinciding with his retirement.

  • Appeal Court set to hear Onnoghen’s suit challenging his removal as CJN

    Appeal Court set to hear Onnoghen’s suit challenging his removal as CJN

    The Court of Appeal will on Tuesday hear a suit filed by former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, challenging the Code of Conduct Tribunal, CCT, order that removed him from office in 2019.

    Recall the suit was filed at the Court of Appeal in 2019. Onnoghen is praying the Court to void and set aside the CCT judgment delivered against him on April 18, 2019, on various grounds.

    In his appeal marked CA/ABJ/375 & 376 & 377/2019, Justice Onnoghen through his lead counsel, Adegboyega Awomolo, SAN, is asking the appellate court to quash his conviction primarily on ground of want of jurisdiction, bias and and absence of fair hearing.

    Onnoghen is the appellant, the Federal Republic of Nigeria is the sole respondent.

    A notice for hearing of the appeal just sighted by our correspondent is entitled, “CA/ABJ/375 & 376 & 377/2019 BTW: Justice Onnoghen and FRN”.

    The Code of Conduct Tribunal had in 2019 convicted Onnoghen in all the 6-count charges of breach of Code of Conduct for Public Officers brought against him by the federal government while in office as CJN .

    In the lead judgment delivered by Chairman of the CCT, Danladi Umar, he had ordered the immediate removal of Onnoghen from office as the CJN.

    The Tribunal had also stripped him of all offices earlier occupied among which were the Chairman of the National Judicial Council, NJC, and also the chairmanship of the Federal Judicial Service Commission.

    The tribunal also ordered the forfeiture of his five bank accounts and the money in the accounts which Onnoghen did not declare in his asset declaration form submitted to the Code of Conduct Bureau, CCB, an agency of the Federal Government.

    Although Onnoghen had been on suspension since January 25, 2019 and had resigned on April 4, the tribunal nonetheless ordered his removal from office as the Chief Justice of Nigeria and also as the chairman of both the National Judicial Council and the Federal Judicial Service Commission.

    However, dissatisfied with the CCT decision, Onnoghen in 2019 approached the Court of Appeal with 16 grounds on why his conviction by the Tribunal should be quashed.

    Among others, he maintained that the Danladi Umar-led CCT panel erred in law and occasioned a miscarriage of justice against him, when it failed to decline jurisdiction to entertain the six-count against him.

    He contended that the CCT Chairman ought to have recused himself from presiding over his trial.

    In his seven-point reliefs, Onnoghen, applied for an order setting aside his conviction as well as quashing the order for forfeiture of his assets and to discharge and acquit him of all the charges levelled against him.

    Listing some of the particulars of error in the CCT’s verdict, Onnoghen argued that he was s judicial officer at the time the charges were filed against him on Jan. 11, 2019 and as such cannot be subjected to the jurisdiction of the lower tribunal.

    “0n the authority of Nganiiwa v. FRN (2018) 4 NWLR (Pt. 1609) 30: at 340. 341 only the National Judicial Council (NJC) has the power to discipline the Appellant for misconduct and not the lower tribunal.

    “The lower tribunal had in the case of FRN V. Sylvester Nwali Nguta in charge No: CCT/ABJ/01/2017 delivered on 9th January, 2018, affirmed the position of the Court in FRN Nganjiwa v. FRN .

    The court further dismissed the charges acquitted and discharged Justice Ngwuta being a Judicial Officer subject only to the discipline of the National Judicial C0uncil.

    “The lower tribunal has no iurisdittion over servng judicial officers such as the appellant, save the National Judicial Council.

    “The Motion on Notice dated Jan. 14, 2019, challenging the jurisdiction ought to be granted in all material particular as it purports to save the lower tribunal of needless futile exercise.

    “The lower tribunal erred In law when it dismissed the Appellant’s Application seeking the chairman to recuse himself from further proceedings on the ground of real likelihood of bias and thus occasioned a miscarriage of justice.

    “The Appellant has alleged that the chairman of the lower tribunal is biased towards him as a result of open remarks in the tribunal as well as the manner in which the proceedings was being conducted.”

    Contrary to the CCT finding, Onnoghen, said he did not admit the fact of non-declaration of Assets from 2005 as the Justice of the Supreme Court, adding that he only stated that he did not declare in 2009 as required because he forgot.

    Onnoghen challenged the order for the confiscation of his assets on the grounds that the assets were legitimately acquired, as against the provisions of paragraph three of the section 23 of the CCB Act which only permits the seizure of such assets “if they were acquired by fraud.”

    He faulted the failure of the prosecution to present the petitioner, Denis Aghanya, before the tribunal whose petition led to the charges against him.

    Onnoghen maintained that all the allegations brought against him “constitute no offence and should therefore not have formed the basis for his conviction”.

    The former CJN asked the Court of Appeal to issue some orders against the CCT judgment among which are that the tribunal lacks the jurisdiction to entertain the case and that its Chairman ought to have recused itself from the proceedings.

    Onnoghen therefore applied for an order setting aside his conviction and another one setting aside the order for forfeiture of his assets made by the Tribunal as well as to discharge and acquit him from the charges.