CJN Kudirat Kekere-Ekun: Will She Prioritize a Judiciary that Upholds Democracy or Lead Nigeria to Destruction?

Can Kudirat Kekere-Ekun Confront Her Colleagues with Unyielding Resolve, or Will Her Ties to Nigeria’s Judicial Decay Render Her Powerless in the Fight for Integrity?

Kudirat Kekere-Ekun’s appointment as Chief Justice of Nigeria (CJN) in 2024 symbolizes a pivotal moment for judicial reform, yet it raises significant questions about her ability to effect meaningful change. Her previous involvement in the controversial ruling of the 2020 Imo State election reflects a deep entanglement with the very corruption she now seeks to combat. This complex background casts doubt on her commitment to restoring judicial integrity.

Over the years, Nigeria's judiciary has been weaponized by powerful political elites, facilitating electoral fraud, embezzlement, and offering protection to corrupt officials. Kekere-Ekun's rise to CJN, anchored in seniority rather than a radical reform agenda, positions her within a compromised system. Despite calls from ex-agitators like Commander Oyimi 1 for her to resist these pressures, skepticism lingers; the judiciary, once a bastion of hope for the populace, has become synonymous with distrust, mistrust, vice and oppression.

The prevailing public disillusionment with the judiciary can be understood through the lens of betrayal trauma. People feel profoundly wronged by institutions that are supposed to protect them, deepening a culture of cynicism and despair. Kekere-Ekun faces not just a legal responsibility but also an ethical and psychological imperative to navigate these traumas. To restore faith in the judiciary, she must offer justice and reconciliation to a populace emotionally scarred by systemic corruption.

The judiciary’s failure to uphold democratic principles poses a direct threat to citizens' psychological safety—an expectation of protection from abuse and manipulation. The ex-militants' appeal to Kekere-Ekun to stand firm against political influence is not only a call for legal reform but also a demand to restore the psychological stability of Nigerian society. Addressing the emotional harm inflicted by a compromised judiciary is critical to reestablishing trust.

Former President Goodluck Jonathan's critique of the judiciary's inconsistent rulings, particularly in the Rivers State local elections, resonates with widespread public sentiment. His concerns about conflicting court decisions contributing to confusion in Nigeria’s democratic processes highlight a judiciary increasingly aligned with political elites. A recent ruling by Justice Olifu that undermined electoral safety exemplifies this disconnect, further eroding public trust in the judiciary's integrity.

Kekere-Ekun’s past involvement in the judiciary raises questions about her capacity to reform an institution marred by ethical failings. While her appointment as the second female CJN offers a glimmer of hope, her legacy is entangled with a judiciary that has served political interests over public trust. The Imo State election ruling, for which she played a significant role, remains emblematic of this corruption. Her ascent to CJN, driven by seniority rather than a commitment to reform, suggests continuity rather than change.

This pivotal juncture poses a crucial question: Will Kekere-Ekun challenge the entrenched political elites and break the judiciary's cycle of complicity, or will she perpetuate it? The calls for reform from ex-agitators, Jonathan, and the public emphasize a pressing need for genuine change. True reform demands psychological resilience, moral courage, and the boldness to confront her colleagues within a system that has nurtured corruption for decades. Whether Kekere-Ekun can transcend her past to lead Nigeria's judiciary toward justice and integrity remains uncertain, with far-reaching implications for Nigeria’s democratic stability.

Repeatedly within the Nigerian judiciary, there are now several Federal High Court judges who are associated with the derogatory term "Abuja Judge." Among these are names like John Tsoho, Inyang Ekwo, Emeka Nwite, James Kolawole Omotosho, Peter Olifu, and others. Abuja politicians, in collaboration with senior lawyers (SANs), often exploit these judges to issue questionable and controversial injunctions. The pressing question remains: Will Chief Justice Kudirat Kekere-Ekun, despite her long association with some of these figures, be bold enough to implement wide-scale transfers away from Abuja and challenge the power of the president and politicians to restore judicial integrity? As Nigerians look to her for reform, the future of democracy hinges on her courage and independence.

The Nigerian judiciary has come under increased scrutiny, particularly regarding certain judges in Abuja—such as John Tsoho, Inyang Ekwo, Emeka Nwite, James Kolawole Omotosho, and Peter Olifu—who have been linked to rulings favoring political elites. Kudirat Kekere-Ekun, as Chief Justice, has the power to transfer or replace these judges. Such a move could be pivotal in restoring public trust, as transfers often break cycles of entrenched behavior and encourage fresh perspectives.

However, reform will demand strong leadership from Kekere-Ekun. She will need to resist political pressures and prioritize judicial independence over personal connections and long-standing alliances within the system. Enacting these transfers would send a clear message that she is committed to restoring the judiciary’s integrity.

While the media has identified some of these judges and questioned their rulings, the point is not to label them as inherently bad or accuse the senior lawyers (SANs) who bring cases to them. Instead, it’s important to highlight that change—through transfers and new judicial appointments—can promote positive growth, allowing judges to rethink their roles and practices. This is not just about condemnation but about fostering an environment where the judiciary can evolve to serve Nigerians with greater integrity and transparency.

Two prominent Nigerian lawyers and human rights activists, Femi Falana SAN and Professor Mike Ozekhome, have repeatedly raised concerns about the state of Nigeria's judiciary. While they might not be perfect, they realize that the judiciary cannot continue taking Nigerians for a ride. Falana once described the courts as “supermarkets where only the rich do their shopping,” highlighting how wealth influences legal outcomes. Similarly, Ozekhome remarked that many Nigerians believe justice is “bought and sold to the highest bidders,” particularly in election petitions, reflecting a troubling perception of judicial bias.

The appointment of the Chief Justice in Nigeria should prioritize merit over seniority, mirroring the successful practices observed in the U.S. judiciary. Chief Justice John G. Roberts Jr. serves as a prime example of how competence, dedication to justice, and a solid track record can revitalize a legal system.

Currently, Nigeria’s judiciary promotes individuals based on tenure rather than their actual capabilities, fostering an environment where entrenched corruption thrives. This insider promotion system discourages innovative thinking and ethical conduct, as many judges ascend the ranks not through merit but through familiarity with the existing power structures.

To truly reform the judiciary, Nigeria must establish a transparent framework that allows outstanding legal minds—regardless of their insider status—to ascend based on qualifications and integrity. By emphasizing meritocracy, the judiciary can rebuild public trust and ensure that it serves the people effectively, upholding the rule of law and promoting justice. The time has come for Nigeria to reject colonial-era practices and create a judiciary that genuinely reflects the aspirations of its citizens.

Kudirat Kekere-Ekun’s ascent to the position of Chief Justice marks a critical juncture for Nigeria’s judiciary—an institution riddled with decay and distrust. This moment is fraught with peril, as it raises a chilling question: will she be a beacon of hope, cutting through the darkness of corruption, or will she succumb to the very rot that has claimed so many before her? The stakes are monumental, and the future of Nigeria's democracy hangs in the balance, awaiting her decisive actions. Only time will unveil the true depth of her courage and commitment to transformative justice.