Special to USAfrica magazine (Houston) and USAfricaonline.com, the first Africa-owned, US-based newspaper published on the Internet.
Amarike Akpoke is a Contributing Analyst to USAfricaonline.com
On 30th day of September 2024, President Bola Tinubu officially swore in Justice Kudirat Kekere-Ekun as the 23rd substantive Chief Justice of Nigeria (CJN).
This event followed her confirmation by the Senate on 25 September 2024. However, it marked the second time in just over a month that Justice Kekere-Ekun had taken the oath of office for the CJN position. On 23 August 2024, President Tinubu had already sworn her in, albeit in an acting capacity. This curious case of double swearing-in raises significant questions about the constitutional implications and whether this unprecedented move adheres to the principles of the rule of law.
Justice Kekere-Ekun comes into the office carrying a considerable burden of past controversy. She is known for delivering the infamous 2020 Imo State gubernatorial judgment that saw Hope Uzodimma, who had finished third in the election, emerge as governor. This decision sparked nationwide outcry and has since been viewed as emblematic of judicial interference in the democratic process, tainting her career with allegations of judicial impropriety and partisan manipulation. President Tinubu’s decision to swear in Justice Kekere-Ekun twice to the same office raises questions of legality and constitutionality. The Nigerian Constitution is explicit about the process for appointing and swearing in the Chief Justice, yet it offers no clear precedent for swearing in the same individual twice for the same office in quick succession. The CJN’s acting capacity, as initially sanctioned by the President, could have continued until Senate confirmation. Therefore, a second oath-taking ceremony, while dramatic, appears to be legally redundant.
Does this double swearing-in signal a misunderstanding of constitutional procedure by the presidency, or is it an attempt to set a new precedent, one that raises concerns about the rule of law? The oath of office sworn by the President of Nigeria is a solemn pledge to uphold the Constitution. In swearing in a CJN twice, President Tinubu risks the perception that the Nigerian state’s highest office is indifferent to the conventions that guard the integrity of the judiciary. The judiciary, as the last bastion of justice, depends heavily on public perception of its impartiality, fairness, and adherence to due process. Mrs. Kekere-Ekun, having played a role in one of Nigeria’s most controversial judgments, faces an uphill task in regaining the trust of Nigerians. Her controversial track record, combined with a swearing-in procedure that seems to bend constitutional norms, does little to bolster confidence in her ability to lead the judiciary with independence and integrity.
This development also casts a long shadow on the Senate confirmation process. While the Constitution allows for the appointment of an Acting CJN, such an arrangement typically bridges the gap between the departure of one CJN and the confirmation of another. There is no apparent justification for the ceremonial repetition, except perhaps as an attempt to lend undue credence to an individual whose position is already tainted by controversy. This episode exposes the fragile state of constitutional adherence in Nigeria. As the custodian of the Constitution, the President should demonstrate a clear commitment to respecting the spirit and letter of the law. When the process of appointing the nation’s highest judicial officer becomes enshrouded in needless ambiguity, it signals a worrying trend where constitutional procedures are applied selectively, thereby eroding the judiciary’s independence.
Ultimately, what matters most to Nigerians is whether Justice Kekere-Ekun, despite her baggage, can rise above the controversies of the past and preside over the judiciary without fear or favour. She must prove that she is capable of upholding the sacred principles of justice and fairness, values that transcend partisan politics and personal loyalty. Anything less would only further undermine the integrity of Nigeria’s judicial system, one that many already view as being captured by the interests of the political elite. With every swearing-in ceremony comes the reminder that public officials take an oath to uphold justice and serve with integrity.
For Justice Kekere-Ekun, and indeed President Tinubu, the time has come to show Nigerians that their actions will speak louder than their oaths.
