By Babatunde Jose
“The National Judicial Council at its 106th Meeting held on 14 & 15 August 2024, recommended Hon. Justice Kudirat Motonmori Kekere-Ekun, CFR, to President Bola Ahmed Tinubu, GCFR, for appointment as the Chief Justice of Nigeria.”
The new CJ starts her tenure today, howbeit in an acting capacity until confirmation, which is a foregone conclusion. Congratulations are in order. Very cheering news.
The new Chief Justice, Kudirat Motonmori Olatokunbo Kekere-Ekun CFR, popularly known as Kudirat Kekere-Ekun is a tested Jurist and an illustrious daughter of an illustrious father. They don’t come with better pedigree as she does, stoic, stern, firm and principled. Her father late HAB Fasinro was the first Town Clerk of the Lagos City Council, a Senator, legal luminary, historian, author and foremost religious leader of his time. Her mother, Mrs. Winifred Layiwola Ogundimu (née Savage), is a qualified Public Health Nurse who built her career in the civil service of Lagos State from where she retired. She is currently the head of the prominent Savage Family of Lagos.
Following in her father’s footstep, the new CJN as she would henceforth be known has made her mark in the temple of justice since she was appointed a Senior Magistrate, High Court Judge, Federal Court of Appeal Judge and subsequently, a judge of the Supreme Court of Nigeria. In the parlance of we unlearned folks, we would say, she had risen through the ranks.
She is entering a turbulent sea as far as the judiciary in Nigeria’s political firmament is concerned. Everywhere is talk of separation or araba, ethnic irredentism, restructuring and devolution, power reconfiguration and reconstitution of the polity, all requiring judicial interpretation when push comes to shove.
Nigeria is practically in a state of ebullition. From local governments, state administrations to the central authority, there are calls for revisiting the legislative lists and a refashioning of the revenue formulae of the political system. Who runs the primary education system? What of the primary health administration? Which tier of governments oversees collection of rates, waste disposal and local taxes in motor parks? Cases thrown up by disputes over these issues will eventually find their way to the apex court under her. Very serious matter to contemplate.
There are many other constitutional issues that will arrest her attention in the next four years of her tenure. May Allah give her the wisdom of Solomon to wade through the minefields of a neo-colonial state mired in identity crisis.
It is therefore appropriate to emphasise the need to address the issue of justice, equity, and fairness which Hon. Justice Kudirat Kekere-Ekun CFR, must address during her tenure. There is no doubt the present structure of the post-colonial state called Nigeria is a bedrock of colossal political injustice, inequity and generational unfairness. These are issues that need to be tackled through judicial intervention and interpretation.
Allah, through the Holy Quran speaks to us about the concepts of justice, equity and fairness. These are three interrelated concepts that combine to make a spiritual whole. Justice is the sum-total, in a sense, of all recognised rights and duties, as it often consists of nothing more than a balanced implementation of rights and duties, and of due regard for equality and fairness. The Qur’an is emphatic on the objectivity of justice, so much so that it defies any level of relativity and compromise in its basic conception. A perusal of the Qur’anic evidence on justice leaves one in no doubt that justice is integral to the basic outlook and philosophy of life.
Allah (SWT) said in the Holy Quran, Surah Al-Hadid: We sent aforetime Our apostles with Clear signs and sent down with them the Book and the Balance (of Right and wrong), that men may stand forth in justice; . . . . (Quran 57: 25)
There is no gainsaying the fact that the major themes of the Qur’an include God-consciousness, fairness, equity, justice, equality and balance in all our dealings. These concepts are drummed into the believers every Juma’at service in the form of admonitions where we are enjoined to heed the words of Allah in Surah Al-Nahl: Allah commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you that ye may receive admonition. (Quran 16:90)
It stresses the doing of what is right because it is the truth. We are urged to establish justice and deal with all in a manner that assures equity, fairness and balance and safeguards the rights, property, honour and dignity of all people. God assures us that even though He is All-Powerful, and none can challenge His Authority, He deals with all with truth, kindness, justice, and the rights of none will be transgressed on the Day of Judgment.
Allah says in Surah Al Anbia’ Ayah 47: We shall set up scales of justice for the Day of Judgment, so that not a soul will be dealt with unjustly in the least. (Quran 21:47)
When Prophet Muhammad, (SAW), said “help the oppressor and the oppressed”, he was stressing this same concept. The Companions responded that they understood what “helping the oppressed” meant, but what did he mean by “helping the oppressor”? He replied, “By preventing the oppressor from oppressing others”.
In Surah Al Ma’idah, Ayah 9, it is said that we should stand firmly for Allah as witness to fairness: O ye who believe! . . .Be just: That is next to Piety: And fear Allah. For Allah is well acquainted with all that ye do. (Quran 5:9)
A person’s faith does not become perfect until he observes fairness with respect to himself and others. In exchange, God shall increase his honour and glory. Man, by nature, prefers his own self and loves everything that is associated with him.
In one way or the other we are all guilty of infractions of some of these injunctions, particularly our leaders. From the flinching tramp, the woman who digs for gold, the rich with their insatiable thirst for more, to the legislator, who is the sole beneficiary of his legislations and the executive who corners the people’s commonwealth to feather their own nests, we are all guilty. When justice, equity and fairness depart from a society, that society is finished. A great task therefore rests on the shoulder of our new Chief Justice.
After 11 years at the Supreme Court, 66-year-old Justice Kekere-Ekun, who was born on May 7, 1958, will steer the judiciary for four years till 2028, when she will clock the mandatory retirement age of 70. In Sha Allah. No doubt she will be in the ring side of the usual litigations that will accompany the 2027 elections. May Allah teach her how to navigate the political tide.
A life bencher, Chief Justice Kekere-Ekun started her career in private practice from 1985 to 1989, after which she was appointed as 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, same day as Justice Kazeem Olanrewaju Alogba, the present chief judge of Lagos State.
She served as Chairman of the of the Robbery and Firearms Tribunal, Zone II, Ikeja, Lagos, from November 1996 to May 1999.
She was elevated to the Court of Appeal on September 22, 2004, where she served in various divisions of the court and as presiding justice of two divisions of the court in 2021 and 2022, respectively.
Kekere-Ekun was elevated to the Supreme Court bench as the fifth female justice of the court on Monday, July 8, 2013, filling the vacancy created by Hon. Justice Olufunlola Adekeye, who retired in February 2013 as the first female Justice of the Supreme Court of Nigeria.
She obtained her LL.B. in 1980 from the University of Lagos and her LL.M. from the London School of Economics and Political Science in November 1983. She was called to the Nigerian Bar on July 10, 1981.
Our prayer has always been that she will one day become the CJ, hence I have always called her my Chief Justice. Alhamdulillah, it has come to pass, in my lifetime. We give all praise to Almighty Allah. It is to Him all the glory belongs.
Congratulations to our sister, wife, mother and grandmother, our very own Hon. Chief Justice. We must also congratulate our brother Bearer Abdelfattah Akintola Kekere-Ekun for being a companion par excellence. A husband of inestimable value, compassionate, very supportive and understanding. I remember him going to all the various places our wife had always been posted to, ensuring her comfort even at his own discomfort, being made a home-alone husband. Very few men would have weathered through without getting lost in, ‘you know what’.
We must also congratulate the children for bearing the vicissitude of living without their mother, especially since her elevation to the higher bench.
And finally, I must pray for the repose of the soul of her father, late Pa HAB Fasinro, who would have been the happiest man today. But He must be having a ball in heaven with his friends, Pa Jose, Razak Balogun and Rabiu Balogun and other brethren. Inna Lillah wa ina ilehi rajiun. May Allah grant them all Jannatul Firdous. Aameen
As for us at the Crescent Bearers, we might sooner than later confer on Bearer Kekere-Ekun the award of Bearer Supreme Court First Gentleman (BSCFG) and also Bearer DJ Supreme (BDJS) for his indefatigable rendition of good smooth jazz on the CB platform.
In summary, the Kekere-Ekuns are a quintessential humble and contented couple and are not given to ‘karini’ or ostentatious living: Qualities which are sine qua non of people in exalted position. The new CJ is a woman of character, highly principled like her late father and of high moral standard like her mother. She is not loud but assertive when the matter of legal dispensation is called for (you should ask the robbers she sentenced when she headed the Robbery and Firearms Tribunal, Zone II, Ikeja, Lagos, from November 1996 to May 1999). Like we used to say, ‘her gentility should not be taken for stupidity’. You will do so at your peril. May her tenure be beneficial to the judiciary and the Federal Republic of Nigeria.
Let me end with what the Psalmist said: This is the Lord’s doing; it is marvelous in our eyes. . . . we will rejoice and be glad in it. Psalm 118:23&24 KJV
Ihdinas siraatal Mustaqeem. (Quran 1:6) Guide us to the straight path, the path of those upon whom you have bestowed Your grace, that is, the people of guidance, sincerity and obedience to Allah and His Messengers.
Barka Juma’at and a happy weekend.
