Tinubu cuts short France trip, swears in CJN today

Stephen Angbulu and Deborah Musa

President Bola Tinubu will, today (Friday), swear in the acting Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.

Tinubu, who returned from France Thursday evening, had shortened his private visit to the European country to swear in Nigeria’s new Chief Justice.

Confirming the development to our correspondent, the President’s Special Adviser on Information and Strategy, Bayo Onanuga, said, “The President is breaking his private visit to France and arriving today (Thursday) so that he can swear in the Chief Justice of Nigeria tomorrow (Friday).”

Onanuga noted that the swearing-in ceremony will hold at at 11 am at the Council Chamber of the Aso Rock Presidential Villa, Abuja.

Tinubu had departed Abuja for France on Monday for what the Presidency described as a “brief work stay.”

Although it did not state the reason and duration  of this visit, a statement signed by Tinubu’s Special Adviser on Media and Publicity, Ajuri Ngelale, said, “The President will return to the country after his brief work stay in France.”

In a statement he signed Thursday conveying Tinubu’s appreciation to the outgoing CJN, Justice OluKayode Ariwoola, Ngelale revealed that the President “will swear in Justice Ariwoola’s successor at the State House Council Chambers on August 23, 2024.”

The National Judicial Council last week recommended Justice Kekere-Ekun to head the country’s Judiciary at its meeting held on August 14 and 15, 2024.

Announcing its decision, the council said, “The NJC, at its 106th meeting presided over by Justice Olukayode Ariwoola, who bows out today, recommended Justice Kekere-Ekun to President Bola Tinubu and for appointment as the CJN.”

Kekere-Ekun, the most senior Justice of the Supreme Court, will be sworn in as acting  CJN pending her confirmation by the Senate.

She succeeds Ariwoola, who assumed office on June 27, 2022, and  bowed out on Thursday, upon attaining the mandatory retirement age of 70 years.

 At 66, Kekere-Ekun is expected to serve until her retirement in 2028.

In his message to the retired CJN, Tinubu described Ariwoola’s over three-decade stint as a “successful public service career,” commending him for his services to the nation.

Justice Ariwoola was sworn in as Chief Justice of Nigeria in 2022 and served the nation in diverse capacities as Justice of the Court of Appeal in Kaduna, Enugu and Lagos divisions before his elevation to the Supreme Court in 2011.

“President Tinubu commends the eminent jurist for his services to the nation, noting his impactful leadership of the judiciary and his efforts in enriching Nigerian jurisprudence, as well as in strengthening the fibre of the law.

“The President thanks Justice Ariwoola and wishes him the very best for the future,” the statement read.

Meanwhile, Justice Ariwoola has announced that he signed off on the new Supreme Court Rules 2024 earlier in August to address current challenges and suit modern times.

While delivering his valedictory speech on Thursday at the Supreme Court complex in Abuja, Ariwoola described this as one of his final initiatives to enhance the justice sector and the Supreme Court.

He explained that upon assuming office as CJN two years ago, he was concerned about the rules governing procedures in the apex court, which had been in place for 39 years, predating the advent of the internet and electronic transactions.

He noted that while practice directions had been issued periodically to meet justice demands, the substantive rules remained from 1985.

The jurist said, “At the time the Supreme Court Rules 1985 were made, things that are now ubiquitous, like information technology, electronic transactions, and global telecommunications, were either non-existent or in their formative stages. How, then, could such outdated rules address today’s challenges?

“It was for this reason that I empanelled a Rules Committee to undertake the arduous task of reviewing the 39-year-old rules and the numerous extant practice directions comprehensively.

“I am glad to report that earlier this month, pursuant to Section 236 of the Constitution of the Federal Republic of Nigeria 1999, I signed off on the New Supreme Court Rules 2024.”

Justice Ariwoola expressed the belief that the rules of procedure for any court are crucial for its operation and must be dynamic and contemporary to meet the evolving demands of both the bar and the bench.

He extended heartfelt appreciation to his fellow justices: the incoming CJN, Justice Kudirat Kekere-Ekun; Justice Inyang Okoro; and Justice Moronkeji Ogunwumiju, for their dedication and commitment to the new rules. He also acknowledged Dr. Muiz Banire (SAN) and the President of the Nigerian Bar Association, Mr. Yakubu Maikyau (SAN), for their contributions.

Discussing the Supreme Court’s workload, Justice Ariwoola noted that 1,124 cases were filed in the 2023/2024 legal year, which commenced in September 2023 and ended in July 2024.

Of these, 435 were civil cases, 269 were civil motions, 219 were criminal cases, and 102 were criminal motions. Additionally, although it was not an election year, 89 political appeals were filed at the apex court, along with 10 originating summons.

He added, “During the same period, we delivered 248 judgments and rulings, with 92 judgments in civil and originating summons cases, 81 judgments in criminal appeals, and 74 judgments in political appeals.”

Justice Ariwoola noted that recognising the need to alleviate the Supreme Court’s undue burden led to collaboration between the National Judicial Institute, the Ministry of Justice, and the Nigerian Bar Association to host the Justice Sector Reform Summit in April. He expressed hope that the far-reaching decisions made at the summit will significantly benefit the justice sector.

The CJN also disclosed introducing a Judicial Assistant Scheme to help relieve Supreme Court justices with research and documentation tasks, given the non-delegable nature of judicial work.

He said, “It is for this reason that we have instituted the Judicial Assistant Scheme for our Justices in the Supreme Court. One peculiar feature of the work of a judicial officer is that its performance is not delegable.

“It is not an assignment that can be done by proxy. A fellow judge cannot prepare your judgment for you. It is thus a demanding profession.”

“We have instituted the idea of Judicial Assistants to provide relief for justices in research and documentation.

“This new cadre of staff will assist their lordships by conducting research. It is hoped that this scheme will become a permanent feature of our justice system at all levels,” Justice Ariwoola added.

He noted that he assumed the role of Chief Justice of Nigeria during a tumultuous period for the judiciary but was grateful to have navigated the challenges successfully.

He also highlighted other achievements, including the democratisation of administration through the creation of committees of justices, the appointment of new justices to various courts, and the entire operation of the Supreme Court Mediation Centre, which provides alternative dispute resolution services.

Additionally, he announced President Tinubu’s recent approval for a 300 per cent increase in judges’ salaries.

In his remarks, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), said the government was dedicated to safeguarding the rights of all Nigerians and its commitment to upholding constitutional democracy.

He warned that the government would not tolerate any attempt at unconstitutional change of power.

“It is also pertinent to state that constitutional democracy and governance has laid out its peculiar features and attributes. I must restate that elective and legitimate governments entrusted with the mandates of the people can only be changed constitutionally and legally by the electorate at the end of its term of office as prescribed by our laws and the constitution of the country which is the ground norm.

“Any other mode or means of attempting to change a democratically elected government except as provided by our laws and the Constitution is nothing but a clear case of treason and subversion of democratic governance. The laws of our land as well as the Constitution have made copious provisions for dealing with same and bringing the full weight of the laws on such treasonable felons,” the AGF said.