Ensure your actions are beyond reproach, CJN Kekere-Ekun admonishes Nigerian judges

The Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, on Monday, called on judges to be more intentional in improving the quality of their judgements, just as she admonished them to avoid conducts that could bring shame to them.

Her admonition comes as the Nigerian judiciary faces a severe confidence crisis.

“Our actions as judicial officers must remain above reproach,” Ms Kekere-Ekun said, adding “Introspection is not just a personal virtue but a professional necessity that enhances performance, refines judgment, and bolsters public trust in our institution.”

She spoke at a conference for Justices of the Court of Appeal in Abuja on Monday.

Mrs Kekere-Ekun called on judicial officers to always practice introspection as a cornerstone for strengthening the judiciary and fostering public confidence in the justice system.

Mrs Kekere-Ekun explained the importance of continuous self-awareness and ethical conduct among judges.

The Nigerian judiciary is enmeshed in a deepening confidence crisis fuelled by widespread unethical practices, including perceived corruption across the hierarchies of the judicial system and issuance of conflicting court decisions.

A recent case in point is the protracted power struggle between Rivers State Governor Siminalayi Fubara and his predecessor, Nyesom Wike, the incumbent Minister of the Federal Capital Territory (FCT), which, some months ago, resulted in conflicting court decisions.

In the scenario that played out to the embarrassment of the judiciary, the Federal High Court in Abuja and the Rivers State High Court in Port Harcourt, on 30 September, issued conflicting issues concerning local government elections scheduled for 5 October in the state.

While the Federal High Court invalidated the election procedures and barred federal institutions, including the Independent National Electoral Commission (INEC) and security agencies, from supporting the election, the Rivers State High Court directed the state’s independent electoral commission to proceed with the election.

In October, the National Judicial Council (NJC) set up a panel to investigate the ugly development. It is unclear if the NJC panel has completed its investigation.

Speaking to a gathering of Court of Appeal justices on Monday, Ms Kekere-Ekun noted that the multi-judges mechanism of adjudication in appellate courts – the Court of Appeal and the Supreme Court – offers opportunities for enhancing the quality of court decisions.

“Multi-judge panels encourage robust deliberation, ensuring that judgments are comprehensive and well-reasoned. At this level, where appeals are heard and reserved for judgment, the holding of conferences to collectively deliberate on issues and matters that come before the court cannot be overstated.

“Conferencing is an essential tool that promotes mutual respect, deepens understanding and enhances the quality of our decisions. However, introspection also requires us to examine how our collective processes can be improved. Are our judgments addressing the root issues brought before us? Are we sufficiently attuned to the broader societal implications of our decisions? These are the questions that judicial introspection seeks to answer,” she said.

She called on justices to deliberate thoroughly amongst themselves before judgements are given to avoid errors so that they can provide guidance to lower courts.

She also urged presiding justices to adopt conferencing as a routine practice, regardless of their experience or rank within the judiciary.

Embracing technology

She stressed the need for adopting innovative strategies, such as leveraging technology for case management and enhancing the use of alternative dispute resolution mechanisms, to tackle these challenges.

“The judiciary is perceived as a single entity, and public confidence in our system relies on our collective strength. By engaging in robust deliberations and learning from shared experiences, we can address the broader societal implications of our decisions,”Mrs Kekere-Ekun said.

Commending the leadership of the President of the Court of Appeal, Monica Dongban-Mensem, for organising the conference, the CJN praised the commitment of appellate justices and court staff to advancing justice and the rule of law.

She encouraged participants to remain steadfast in their duties as the judiciary navigates evolving societal expectations and legal complexities.

Technology and its downside

In her welcome remarks, Mrs Dongban-Mensem emphasised the double-edged nature of technological advancements in the judiciary.

While technology promises enhanced efficiency, it also raises concerns about transparency, bias, and accountability.

“AI should be an adjudicatory tool, not a replacement for the judge,” she said.

She also addressed the challenges of the judiciary in the digital age, including online harassment, cyberbullying, and the integrity of digital evidence.

She called for proactive measures to safeguard judicial officers’ reputation and adapt to technological realities.

Public perception and the judiciary’s narrative

In his keynote address, Kanu Agabi, a Senior Advocate of Nigeria (SAN), urged judges to take control of the judiciary’s narrative to counter growing public criticism and social media attacks.

“You judges, you are not writing your history. Your enemies are writing your history and giving you bad names,” he said.

Mr Agabi praised the sacrifices of judges despite systemic challenges like public distrust and economic difficulties.

He stressed that corruption within the judiciary is often overstated and unfairly blamed on judges.

Strengthening collaboration across legal institutions

In their goodwill messages, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, the FCT Minister, Nyesom Wike; and President of the Nigerian Bar Association (NBA), Afam Osigwe, emphasised the judiciary’s critical role in upholding democracy.

Mr Fagbemi, who is also SAN, pledged to ensure adequate resources and support for judicial reforms while warning against the disparagement of judges.

“My Lords, we must remain vigilant in defending judicial independence. Public confidence in our system relies on our collective strength,” he said.

Mr Wike, a lawyer and former Governor of Rivers State, emphasised the need for collaboration across arms of government to improve infrastructure and welfare for judicial officers.

“The judiciary cannot work in isolation. We are committed to fostering partnerships and addressing areas of concern,” he remarked.

For his part, Mr Osigwe, also an SAN, called for joint efforts of the bar and bench to combat corruption and reduce frivolous appeals clogging the court system.