President Bola Tinubu is expected to return to Nigeria on Thursday night to swear in Justice Kudirat Kekere-Ekun as the new Chief Justice of Nigeria (CJN) on Friday.
The ceremony, which will take place at the council chambers in the presidential villa in Abuja, marks a significant transition in the Nigerian judiciary.
Tinubu’s early return from France, where he had been on a “brief work stay,” underscores the importance of this event.
According to Ajuri Ngelale, the president’s spokesperson, the president’s decision to cut short his trip was specifically to preside over the swearing-in of Kekere-Ekun.
The swearing-in of Justice Kekere-Ekun follows the retirement of Justice Olukayode Ariwoola, who stepped down from his role as CJN on Thursday after reaching the mandatory retirement age of 70.
Born on August 22, 1954, Justice Ariwoola’s retirement brings to a close his career in the Nigerian judiciary.
He was appointed to the Supreme Court on November 22, 2011, and served as CJN from June 27, 2022, following the resignation of his predecessor, Justice Tanko Muhammad.
A valedictory ceremony was held in Ariwoola’s honour at the Supreme Court complex in Abuja, where colleagues and dignitaries gathered to celebrate his contributions to the judiciary.
His retirement marks the end of his tenure as Nigeria’s 22nd Chief Justice, a position he held for just over two years.
Justice Kudirat Kekere-Ekun, who is set to succeed Ariwoola, was recommended for the position by the National Judicial Council (NJC) on August 15, 2024, during its 106th meeting presided over by the outgoing CJN.
As the most senior justice of the Supreme Court, Kekere-Ekun’s appointment is in line with the tradition of promoting the next in line to the highest judicial office in the country.
However, her assumption of office as CJN is not automatic.
According to Section 231(4) of the Nigerian Constitution, the president is required to appoint the next most senior justice to perform the duties of the CJN in an acting capacity until a substantive appointment is made.
This process ensures that there is no vacuum in the leadership of the judiciary, even as formalities for the substantive appointment are completed.
The appointment of Kekere-Ekun as acting CJN will allow her to begin performing the functions of the office immediately upon the vacancy created by Ariwoola’s retirement.
The constitution provides that an acting CJN can hold the position for up to three months, during which time the NJC is expected to formalise the recommendation for her permanent appointment. If the NJC does not recommend otherwise, the acting CJN cannot be reappointed after the three-month period has lapsed.
Justice Kudirat Kekere-Ekun brings a wealth of experience to the role of CJN. Born on May 7, 1958, she has served in various capacities within the judiciary. Her career began when she was appointed a judge of the Lagos State High Court in 1996.
She was later elevated to the Court of Appeal in 2004, where she served for nine years before her appointment to the Supreme Court in 2013.
Throughout her career, Justice Kekere-Ekun has earned a reputation for her integrity, judicial acumen, and dedication to upholding the rule of law.
Her elevation to the position of CJN will make her the second woman to hold this prestigious office in Nigeria’s history, following in the footsteps of Justice Aloma Mariam Mukhtar, who served as CJN from 2012 to 2014.
As Justice Kekere-Ekun prepares to assume the role of Nigeria’s Chief Justice, she faces a number of significant challenges.
The Nigerian judiciary is currently grappling with issues such as delays in the dispensation of justice, allegations of corruption, and the need for judicial reforms to enhance the independence and efficiency of the courts.
One of the key issues that Kekere-Ekun will need to address is the need for judicial reform, particularly in ensuring that the judiciary remains independent and free from external influences.