In this report, Ise-Oluwa Ige explores the background history of the next Chief Justice of Nigeria, Justice Kudirat Motonmori Olatokunbo Kekere-Ekun and surveys top legal practitioners on her knowledge of the law and conduct as a judicial officer across all levels of court from Magistracy to the Supreme Court, in the last 36 years together with her suitability for the daunting task of the prestigious office of the CJN. The report also sets an agenda for her for the next four years
Top lawyers in the country including the incumbent Chairman of the Body of Benchers, Chief Adegboyega Awomolo, SAN, a respected member of the inner bar, Chief Mike Ahamba, SAN and the Attorney-General of Ondo State, Dr Kayode Ajulo, SAN, are excited with the decision by the National Judicial Council, NJC, to recommend Justice Kudirat Kekere-Ekun for appointment as Chief Justice of Nigeria, CJN.
All the lawyers are agreed that Justice Kudirat Kekere-Ekun’s tenure will undoubtedly restore public confidence in the judiciary.
Saturday Vanguard reports that the NJC on Thursday forwarded the name of Justice Kudirat Motonmori Kekere-Ekun to President Bola Ahmed Tinubu for appointment as Chief Justice of Nigeria, CJN in acting capacity.
The NJC in a letter to the effect hinged its decision on the impending retirement of the Chief Justice Ariwoola.
Justice Olukayode Ariwoola had in May, 2024, served the NJC a notice of his retirement and same was deliberated upon at its 105th meeting which held in Abuja.
He is due to bow out from the Supreme Court bench next week Thursday, August 22, 2024, upon attaining a retirement age of 70 years.
He became CJN on October 12, 2022. But he took the oath of office as the acting CJN at the Presidential Villa in Abuja on June 27, 2022.
According to some legal pundits, Ariwoola J. is, arguably, one of the finest CJNs the country has produced with his policies and programmes for the judiciary.
However, like some of his predecessors, his tenure is fraught with controversies, especially as the judiciary under him came to be seen as being in the pockets of the political class.
In fact, retiring Supreme Court justices in his tenure used their valedictory speeches to lampoon the judiciary under his watch and so many Nigerians have lamented that the present judiciary dispenses judgment rather than justice.
His successor will definitely have a herculean task repairing the battered image of the judiciary in order to restore the confidence of the people in that arm of government.
Saturday Vanguard reports that the Supreme Court has already scheduled a valedictory court session in his honour that will seamlessly usher in Justice Kekere-Ekun into office from August 22, 2024 in acting capacity pending when her appointment would be confirmed by the senate in accordance with section 231(4) of the 1999 Constitution.
She will become Nigeria’s second female CJN, the first being Justice Mariam Aloma Mukhtar who served between July 2012 and November 2014.
Who is Justice Kekere-Ekun?
Justice Kekere-Ekun was born in London, the United Kingdom on May 7, 1958. Her parents were both indigenes of Lagos State, Nigeria. She is the eldest of eleven siblings from both parents.
Her father, Alhaji Senator H.A.B. Fasinro, OFR, LL.D, was a fervent Muslim and a very dedicated family man of noble lineage. He belonged to at least 3 Royal Families in Lagos. He was a legal practitioner and very active in politics.
Throughout his career, he worked for many years as a Crown Counsel in the old Western Region of Nigeria. He also became the Town Clerk of Lagos City Council (similar to being the Mayor of Lagos). In 1975, at the age of 56 years, he retired voluntarily from the civil service. He subsequently became a Senator of the Federal Republic of Nigeria in 1983. His tenure was however brought to an abrupt end with the overthrow of the Alhaji Shehu Shagari-led civilian government in a military coup in December 1983. He was also an author. He died at the age of 99 on 31st March 2019.
Her mother, Mrs. Winifred Layiwola Ogundimu (née Savage), is a devout Christian. She studied nursing in the UK, where she qualified as a Public Health Nurse before returning to Nigeria in December 1965. Upon her return to Nigeria, she built her career in the civil service of Lagos State and retired years later, at the age of 60.
Justice K.M.O. Kekere-Ekun was privileged with quality education. She attended private primary schools before proceeding in 1970 to Queen’s College, Lagos, which was the best Federal Government College for girls in the country at the time. She studied Law at the University of Lagos, Nigeria, from 1977 to 1980 and obtained her LL.B in 1980. She thereafter attended the Nigerian Law School from 1980 to 1981 and was called to the Nigerian Bar in July 1981.
From 1981 to 1982, she was engaged in the compulsory National Youth Service at the Ministry of Justice, Benin City, Bendel State (now Edo State). Afterward, she proceeded to the London School of Economics and Political Science (LSE) where she obtained a Master’s degree in Law in 1983. She engaged in private practice from 1985 to 1989 when she was appointed a Senior Magistrate Grade II in the Lagos State Judiciary in December 1989.
Justice Kekere-Ekun was later appointed a judge of the High Court of Lagos State on July 19, 1996. She served as Chairman of the Robbery and Firearms Tribunal, Zone II, Ikeja, Lagos from November 1996 to May 1999. She was subsequently elevated to the Court of Appeal on September 22, 2004 where she served in various divisions of the court.
Justice Kekere-Ekun was elevated to the Supreme as the 5th female Justice of the Court and was sworn in on July 8, 2013.
Hon. Justice K.M.O. Kekere-Ekun is a recipient of prestigious awards. She was a recipient of the Merit Awards of the Lagos State Judiciary, in December 2003 and in September 2013. Again, she was twice awarded the Distinguished Trailblazers Awards by the Nigerian Bar Association Women Forum (August 2012 and 2014).
She belongs to several professional associations and groups, including the National Association of Women Judges; International Association of Women Judges; Body of Benchers – Life Bencher, among others.
Hon. Justice K.M.O. Kekere-Ekun has been married to Mr. Akin Kekere-Ekun, OFR, since December 1983. His work ethic and integrity have been a great motivating factor for her. Their union is blessed with three children who are all graduates and excelling in their chosen fields.
According to Dr Pedi Obani, “Justice K.M.O. Kekere-Ekun is passionate about self-examination, being the change that one wants to see in the world and setting your standards early, starting every endeavor in the same manner as one means to carry on. These have been her guiding principles in her personal and professional life.”
She is presently the most senior Justice of the Supreme Court and by virtue of section 231(4) of the 1999 Constitution, President Tinubu is expected to appoint her as the Chief Justice of Nigeria effective from August 22, 2024, when Justice Ariwoola would have clocked the mandatory retirement age of 70 years.
What we know about Justice Kudirat Kekere EEkun—Lawyers
Top lawyers in the country are happy that Justice Kudirat Kekere-Ekun would steer the ship of the nation’s judiciary for the next four years at a time the image of the nation’s judiciary is haemorrhaging.
The lawyers who separately spoke to Saturday Vanguard said her tenure would no doubt positively change the public perception of the judiciary.
According to a respected member of the inner bar, Chief Mike Ahamba, SAN, he said Justice Kudirat Kekere-Ekun is a no-nonsense judicial officer.
“I congratulate Justice Ariwoola on the successful completion of his tenure. With his retirement, Justice Kekere-Ekun will come in. We know her as a no no-nonsense judge. I mean, she doesn’t allow any nonsensical thing to happen where she is involved. The complaints against the judiciary, if it comes to her knowledge, she will not ignore it. That is what I expect from her. We hope she will keep to that when she becomes the Chief Justice,” he said.
Also commenting on her person, the incumbent Chairman of the Body of Benchers, Chief Adegboyega Solomon Awomolo, SAN, “I’m not particularly close to Justice Kekere-Ekun. But from my little experience, or knowledge of the way I see her, Justice Kudirat Kekere-Ekun is a disciplinarian. She is disciplined in every respect.
“She has a very respectable husband and a very solid home. She is not frivolous in any way. She is apolitical. In other words, she is not a politician. She is free of political encumbrance or baggage. Because, she is free of that political garbage, she is going to be very professional. I can assure you. She will be very professional. She will be a disciplined Chief Justice of Nigeria and she will uphold the integrity and honour of the court and the judiciary as a whole. Nobody should take her for granted at all. Nobody should assume that he can control her. No, you cannot.
“Justice Kekere-Ekun is not open to corruption. She is not open to influence. She is not open to any bad behaviours. So, I am expecting a Chief Justice of Nigeria that will do us proud, that will maintain the integrity of the bench, that will work together with her colleagues in the Supreme Court. She is not politically inclined. I’m hoping that she would be an exemplary chief justice. Exemplary in character. Exemplary in professionalism. What else do we expect? Lets wait for her time and applause when she leaves.
“I am convinced in my mind that she is going to be an excellent Chief Justice of Nigeria. She is going to create an impression that has never been created before or that had been created by the Honourable Justice Aloma Mariam Muhktar, GCON, a former Chief Justice of Nigeria. They are of the same mould as I see them,” he added.
Also, the incumbent Attorney-General and Commissioner for Justice of Ondo State, Dr Kayode Ajulo, SAN, said of her: “My noble Lord, the Honorable Justice Kudirat Motomori Kekere-Ekun, Commander of the Order of the Federal Republic, is a highly respected jurist with over 30 years of experience in the Nigerian judiciary. She has served as a Magistrate, then rose to become a Judge, and finally a Justice of the Supreme Court since 2013. She is known for her legal acumen, fairness, forthrightness, and fortitudes. I have had several opportunities to appear before her, and I see her as a no-nonsense jurist.
“Justice Kekere-Ekun has a reputation for being tough but impartial, with a steadfast commitment to upholding the rule of law. This will be instrumental in restoring public confidence in the judiciary,” Ajulo, SAN added.
Lawyers set agenda for Justice Kekere-Ekun
All the lawyers who spoke about her said however they expected her to consider tackling the issue of image problem the judiciary has amongst other issues.
According to Awomolo, SAN, “My advice is that, My Lord, Hon Justice Kudirat Kekere-Ekun should please, within the court, outside the court, uphold the integrity, the honour and all that it takes to have a credible judiciary.”
For Chief Ahamba, SAN, “A lot is expected of Justice Kudirat Kekere-Ekun. She should know that. Specifically, she should look into all these stories about corruption in the judiciary and firmly move against it. It is soiling everybody including herself, lawyers, judges and justices. They are all affected by all these rumours.
“We expect that she should be in a position, by her pedigree, to stand up firmly against it and to ensure that if it rears its ugly head during her tenure, she should deal with it without any restraint.
“I want to say that three or four retired justices on their retirement made statements that there was corruption in the judiciary. Let those who succeed them now do something about what their predecessors have said. I don’t know what Justice Ariwoola would say on his retirement day. But those before him had always said there was corruption and that allegation has continued. I am not defending or accepting it. But I know that the allegation has persisted.
“We are looking for somebody who stands up and see whether we can stop it because it is embarrassing to all of us. Let me tell you this, two or three litigants, lately, wanted to brief me to go to the Supreme Court. It was very embarrassing when they separately asked me whether I have access to the justices. It has happened twice. I told them sorry, I have access to the court but not to the justices. I didn’t get the briefs. I don’t care.
“But that shows that something that shouldn’t happen are happening. But I have no facts. But I stated what happened to me personally in my book. What I am saying is that the attitude of the leader affects the other. Whether we like it or not, the attitude of the leader affects others. If people form the impression that the leader would not take kindly to it, fewer people will risk it. They know it can become very risky. That is why I always pray that those who would come in should make the difference,” Chief Ahamba, SAN counselled.
Dr Ajulo, SAN, on his part said: “I sincerely and humbly beseech her Grace to consider the following:
- To prioritize a holistic agenda of judicial reforms, addressing the systemic challenges of inadequate funding, infrastructure deficits, and case backlogs.
- To steadfastly work towards enhancing public trust and confidence in the judiciary through unwavering transparency, unimpeachable accountability, and the most steadfast fairness in all judicial proceedings.
- To foster a spirit of collaborative synergy between the judiciary, the legislature, and the executive, thereby resolving any tensions and safeguarding the independence of the courts.
- To invest diligently in the capacity-building of judges and court staff, while leveraging technological innovations to improve efficiency and widen access to justice.
- To champion initiatives that shall promote the noble ideals of gender equality and diversity within the hallowed halls of the judiciary, for this shall undoubtedly strengthen the institution.
It is my fervent prayer that, with her Grace, wealth of experience and her demonstrated commitment to the rule of law, she shall steer the Nigerian judiciary towards a future of unparalleled excellence, despite the significant challenges that lie ahead. Her steady and discerning leadership shall undoubtedly make a most profound difference
Saturday Vanguard
