- Urge judges to focus more on substantive justice, not rely on technicalities
The Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has acknowledged that few judges were giving the Nigerian judiciary a bad name, insisting that the country’s judiciary is blessed with upright and courageous judges.
The Emir of Kano, His Royal Majesty Khalifa Muhammad Sanusi II, also asked the Nigerian judges especially justices of the Supreme Court to administer justice with the fear of God, and also remember that they are accountable to God.
This is just as a Senior Advocate of Nigeria (SAN), Wale Babalakin has lamented what he described as the deterioration of judicial independence in Nigeria occasioned by the increasing influence of state governors and other political figures over judges.
Justice Kekere-Ekun stated this on Saturday at a public discourse on ‘Ethics, Morality And The Law’, organised by the Movement for Islamic Culture and Awareness to mark its 30th anniversary and the elevation of Justice Habeeb Adewale Abiru to the Supreme Court.
She maintained that Nigeria was endowed with very hardworking and knowledgeable judges, warning however, that judges should remember that as “individuals we are accountable to ourselves and to God.”
The CJN added that the perspective of the ordinary citizen, who observed and assessed the extent to which ethics, morality and the law co-existed harmoniously in the society, must be taken into consideration.
She added that public acceptance of the law also hinged on its alignment with fundamental principles, the need for clarity, stability and independence of the judiciary, as well as the fair exercise of authority by law enforcement.
According to her, the foundations of justice were influenced by the Abrahamic faith prevalent in the society, adding that both Islam and Christianity preach morality uprightness, and righteousness.
She said: “The role of the legal practitioner within this framework merits a particular attention.
“The lawyer, often seen as both antagonist and protagonist in the pursuit of justice, must navigate a terrain where law, ethics, and morality intersect.
“This dual role requires balancing the scriptures and the law with ethical constitutions, often containing moral and legal questions that may seem at odds. As a minister in the temple of justice, the lawyer’s commitment to justice involves upholding legal standards, while advancing principles that follow society’s ethical expectations.
“The degree to which this alignment is achieved influences public trust in the judiciary and the law, affirming that our legal system should not only administer justice but also resonate with the community’s moral convictions.
Justice Kekere-Ekun stated, “I will say we take notes of everything that has been said. As the Honourable Attorney General pointed out, and this happens in every sector of our society, it is unfortunate that by and large our judges are knowledgeable, upright, courageous, and hardworking but few ones are giving us a bad name.”
In his remarks at the event, the Emir of Kano, Sanusi II, asked Nigerian judges, especially the justices of the Supreme Court, to administer justice with the fear of God.
The Emir, who said his New Year resolution is not to be controversial, however, urged the judges not to allow hatred for people to make them do what is not right.
He said judges should focus more on substantive justice, and not rely on technicalities.
“Do not be an advocate for wrongdoers and do not be an advocate for those who deceive themselves, because Allah does not love sinful wrongdoers.
“When your friends come to you when the government comes to you, and you listen to them and you tilt judgment in their favour. Ask yourself, who will be your advocate before God, on the Day of Judgment?” Sanusi queried.
In his remarks, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN) underscored the importance of fairness and integrity in the Nigerian legal system, urging legal professionals to recommit to ethical values.
“First, you have to be good. On the inside, you have to be good,” he said.
“You have to be able to improve our personnel, our sister, our brother, our colleague,” he added.
Speaking on the theme “Ethics, Morality, and the Law – Christian Perspective,” the Very Reverend Professor Konyinsola Ajayi (SAN) condemned what he termed “lawlessness in the law” and urged Nigeria’s legal professionals to reflect on the role of ethics and morality within the judiciary.
Ajayi cited specific cases as examples of the judicial system’s failure, including the controversy surrounding the Emir of Kano, which he described as “an emanation of lawlessness.”
He questioned whether the rule of law truly underpins current judicial practices, adding that the decisions of the courts often confuse the public rather than provide clarity.
He said, “The law today is providing the greatest uncertainty you can think about. The Nigerian judiciary was one of the best in the world. Australia, New Zealand, and the Commonwealth referenced Nigerian court decisions,” he said.
The senior lawyer said today’s legal system suffered from an erosion of this reputation due to inconsistent judgments and a perceived lack of accountability among judges.
Addressing the religious implications of the judiciary’s role, Ajayi appealed to the moral and ethical responsibilities that judges bear.
“God is the author of morality and ethics. He created the law and requires it to be underpinned by these things.”
Ajayi called for all Nigerians, particularly those in positions of power, to examine their actions within the broader ethical framework of their faiths.
“Justice is the foundation of society, and we must be careful to ensure that it does not become what will bring the house down,” he concluded.
Earlier, speaking on the theme: “Ethics, Morality, and the Law -Role of Legal Practitioner,” a former Governor of Lagos State, Babatunde Fashola (SAN) said the greatest tool that humans invented was the law, adding that law separated humans from animals.
Also speaking, Babalakin (SAN) decried the deterioration of judicial independence in Nigeria.
He condemned what he described as a “systemic collapse” of the nation’s judicial system, calling for urgent reform to restore its independence and integrity.
He noted that the declining autonomy of the judiciary was due to the increasing influence of state governors and political figures over judges.
He said: “The problem of the legal system is systemic. “We are trying to treat the consequences, not the causes of the problem.”
He argued that the decline in the judiciary began in the mid-1970s, when “most eminent judges were arbitrarily retired without trial, without questioning, marking a turning point for the nation’s judicial standards.”
Reflecting on the past, Babalakin recalled the reverence once held for judges.
He recounted how Mobolaji Johnson, the former military governor of Lagos State, had reportedly invited the esteemed Justice JIC Taylor to a state function.
According to him, Taylor declined, “prioritising his judicial duties over the governor’s invitation. That was the end of the story.”
“There is no system that can have the judicial officers under a strong influence of the executive that can do well,” he said.
He condemned the practice where some governors referred to judges as ‘my judges’, adding that in those days, no governor would have had the audacity to refer to a judge as ‘my judge’.
Babalakin further highlighted the financial challenges faced by judges, particularly in state courts.
Criticising what he called a “culture of mediocrity” that infiltrated Nigeria’s legal practice, Babalakin called on legal professionals to “reposition and rebuild” the profession from foundational levels, including law school and the bar.
He urged the Nigerian Bar Association to step up and reclaim its historic role as a moral and legal force.
