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Nigeria: In the Arena – Threats to the Independence of the Judiciary

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Nigeria: In the Arena – Threats to the Independence of the Judiciary

A dinner organized by the Lagos State Government in honor of the Chief Justice of Nigeria, Kudirat Kekere-Ekun, and her presence during the marking of the construction of houses for judges in Abuja are creating a stir, as many legal analysts have alleged. Participating in these events is contrary to the judicial Code of Conduct, which prohibits judges from contacting or establishing personal relationships with potential litigants. Davidson Iriekpen reports

Atory was once told how the military governor of Lagos State, Brigadier General Mobolaji Johnson, invited the then Chief Judge of the state, Justice John Idowu Conrad (JIC) Taylor, to attend a state dinner.

However, after reading the invitation letter, Taylor was said to have written a short note to the governor on the back of the invitation card, informing him that he would not be able to attend because there were many pending cases before the state government.

It would therefore be “extremely inappropriate for him to comply with the invitation” under the circumstances, he added in the memo.

Judicial observers in the country believe that by declining the invitation, Taylor not only emphasized the institutional value of judicial independence, but also underlined that it largely depends on the moral fiber of the individual judge.

But nowadays the situation has changed; dissension with the administration and the public became common among some judges; they now honor invitations to dinners, book launches, groundbreaking ceremonies and other miscellaneous events that potential plaintiffs present to them.

Often, many of the dignitaries who would be potential litigants use these occasions to make friends with the judges.

It is therefore no surprise that the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, recently came under fire for openly socializing with Lagos State Governor, Babajide Sanwo-Olu, who invited her to a dinner in Lagos State over the weekend.

While many analysts believe there is nothing wrong with a state government honoring the state’s son or daughter who is successful in his chosen career, others insist that honoring judges by political leaders could erode the independence of the judiciary.

During the dinner, the governor heaped praise on the CJN, praising her for her “significant contributions as a proud daughter of Lagos and a pioneer in the Nigerian judiciary.”

Among those in attendance were the Governor of Ogun State, Prince Dapo Abiodun; First Lady of Lagos State, Dr. Ibijoke Sanwo-Olu; Deputy Governor of Lagos State, Dr. Obafemi Hamzat; former Governor of Lagos State and Minister of Public Works and Housing, Mr. Babatunde Fashola; Judge Kekere-Ekun’s wife, Mr. Akin Kekere-Ekun; legal practitioners; traditional and political leaders among others.

Justice Kekere-Ekun, who said she was deeply touched by the show of love shown by the Lagos State government, vowed that as CJN, she would protect the rights of the people and ensure equality and justice.

“My recent appointment as Chief Justice of Nigeria is a role I probably have not undertaken. In fact, I appreciate that I carry a very heavy responsibility on my shoulders. It is a call to lead, inspire and defend the integrity of our judiciary. To uphold the high standard of our judiciary, to promote judicial independence and to ensure that the rule of law prevails.” “I am committed to fostering an environment,” he said.

Before the Lagos State government honored the CJN, the Minister of the Federal Capital Territory (FCT), Nyesom Wike, had publicly stated how he canceled some lands belonging to Julius Berger Plc and reallocated them for the construction of judges’ residences. Abuja.

The Minister also invited Justice Kekere-Ekun to the flag ceremony held for the construction of the houses for which he was honored.

Many analysts faulted the CJN’s presence at the marking ceremony.

Wike, however, has since defended the construction of houses for judges by the FCT, explaining that he was only implementing the decision of President Bola Tinubu, which also had the approval of the Federal Executive Council (FEC).

However, according to legal analysts, the CJN’s presence at the ceremony could undermine Julius Berger’s confidence in the judiciary and discourage the company from challenging the cancellation of its land in the courts.

Similarly, critics condemned his acceptance of the Lagos State government dinner, saying his presence could send the wrong message to other litigants who might doubt his impartiality in cases involving the Lagos State Government.

They argued that the CJN should not consort with potential litigants whose cases are likely to end up in the Supreme Court.

The judiciary, like the other two branches of government, must be an independent institution. However, in Nigeria, the judiciary appears to have fallen into the hands of the executive.

While in some states the third branch of government was short of resources, in others projects such as the construction of court buildings, housing for judges and the purchase of vehicles for judges fell into the executive’s hands.

Some lawyers argued that the practice of building housing for judges by the Executive was not compatible with Articles 81 and 121(3) of the 1999 Constitution, which guarantee financial autonomy to the judiciary.

“Is the executive branch of the government building or having houses built for members of the National Assembly? Is it even renovating their rooms? Is it also buying vehicles?” a lawyer asked.

According to these lawyers, since the judiciary at both the federal and state levels are arms of the government that must receive their allocations directly from the source, it is the responsibility of this arm of the government to purchase vehicles for judges and also ensure safe use of homes. It was built for judges.