Following the retirement of the former Chief Justice of Nigeria (CJN), Olukayode Ariwoola, upon reaching the mandatory retirement age of 70, Justice Kudirat Kekere-Ekun was sworn in as the new CJN by President Bola Tinubu on Friday, August 23rd, 2024.
The National Judicial Council (NJC), typically led by the Chief Justice of Nigeria (CJN), customarily nominates the most senior Justice of the Supreme Court to the President for the position of CJN. At 66 years old, Justice Kekere-Ekun, the most senior Justice of the Supreme Court, has now been appointed as the 23rd Chief Justice of Nigeria.
Justice Kudirat Kekere-Ekun was born in London, United Kingdom, on May 7, 1958, to Alhaji Senator H.A.B. Fasinro, OFR, and Mrs. Winifred Layiwola Ogundimu. She is the eldest of eleven siblings in a polygamous home. Her father was a lawyer and politician, while her mother is a UK-trained nurse.
Growing up and pursuing her education, she attended Queen’s College, Lagos, for her secondary education. She later obtained her LL.B. in 1980 from the University of Lagos and her LL.M. from the London School of Economics and Political Science (LSE) in November 1983.
On July 10, 1981, she was called to the Nigerian Bar after completing her compulsory one-year National Youth Service at the Ministry of Justice, Benin City, Edo State (previously known as Bendel State). Justice Kekere-Ekun started her career in law in private practice, where she worked from 1985 to 1989, before being appointed as a Senior Magistrate Grade II in the Lagos State Judiciary in December 1989.
On July 19, 1996, she was appointed as a judge of the High Court of Lagos State. Justice Kekere-Ekun began to excel in her career, and from November 1996 to May 1999, she served as the Chairman of the Robbery and Firearms Tribunal, Zone II, Ikeja, Lagos. By September 22, 2004, she was elevated to the Court of Appeal, where she served in various divisions and presided over two divisions of the court in 2021 and 2022, respectively.
Justice Kekere-Ekun was elevated to the Supreme Court bench as the fifth female justice on Monday, July 8, 2013. She is the fifth and youngest female to be appointed as a justice of the Supreme Court of Nigeria.
In 2003, she also served as a member of the National Centre for State Courts (NCSC) Ethics Curriculum Planning Committee, where she collaborated with the Department for International Development (DFID) and the UNODC to develop the Code of Conduct for Judicial Employees.
She is a force to be reckoned with, a model worthy of emulation who not only excelled in her career but also in her family. She married Mr. Akin Kekere-Ekun, OFR, in December 1983, and the marriage is blessed with three children.
Upon her appointment as the new Chief Justice of Nigeria (CJN), she became the second woman to occupy the role, after Justice Mariam Aloma Mukhtar, who held the position from July 2012 to November 2014. Interestingly, it was Mukhtar who administered the oath to Kekere-Ekun when she was appointed as a Supreme Court Justice in 2013.
In 2022, Kekere-Ekun was awarded a national honour as Commander of the Federal Republic (CFR). While some see her as a woman who upholds the law, others say she is resilient.
In an interview, Adegboyega Awomolo, a Senior Advocate of Nigeria (SAN) and Chairman of the Body of Benchers, portrayed Kekere-Ekun as a woman of impeccable integrity, a jurist unyielding in her pursuit of justice.
He said, “Justice Kudirat Kekere-Ekun is a disciplinarian. She is disciplined in every respect. She is not frivolous in any way. She is apolitical. In other words, she is not a politician. She is free of political encumbrances or baggage. Because she is free of that political garbage, she is going to be very professional. I can assure you. She will be very professional.”
He also stated that she will make Nigeria proud, as she is apolitical and professional in all her dealings. “So, I am expecting a Chief Justice of Nigeria that will do us proud, that will maintain the integrity of the bench, and that will work together with her colleagues in the Supreme Court. She is not politically inclined. I’m hoping that she will be an exemplary Chief Justice. Exemplary in character. Exemplary in professionalism. What else do we expect? Let’s wait for her time and applaud her when she leaves,” he said.
Kekere-Ekun’s Involvement in the Uzodinma vs. Ihedioha Case and Its Implications for the 2027 General Election
While she is a woman of impeccable character, it is worthy of note that she was involved in what most key observers have described as the most controversial judgement in Nigeria’s post-independence history, the Imo State governorship election case. This was a remarkable moment in Nigerian politics, which saw her deliver a verdict that would put the legal system to the test and set a precedent for future rulings.
In January 2020, Justice Kekere-Ekun delivered the Supreme Court ruling that removed Emeka Ihedioha and declared Hope Uzodinma as the rightful governor of Imo State. This decision was based on claims that votes from 388 polling units, where Uzodinma had a lead, were not counted in the initial results.
Although Uzodinma had initially been placed fourth in the results announced by the Independent National Electoral Commission (INEC), the Supreme Court, in a unanimous decision by a seven-member panel, including Justice Kekere-Ekun, declared him the winner.
As the Chief Justice of Nigeria (CJN), she will be responsible for appointing judges who will preside over any legal disputes arising from the 2027 general elections.
However, the words of Adegboyega Awomolo (SAN) in an interview provided reassurance to Nigerians to expect only justice from her.
“She will be a disciplined Chief Justice of Nigeria, and she will uphold the integrity and honour of the court and the judiciary as a whole. Nobody should take her for granted at all. Nobody should assume that they can control her. No, you cannot. I’m not particularly close to her, but from my little experience or knowledge of the way I see her, she is not frivolous at all, she is not open to corruption. She is not open to influence. She is not open to any bad behaviour,” he said.
Justice Kudirat Kekere-Ekun was also one of the judges involved in the hijab (headcover) case between the Lagos State government and others versus Asiyat Abdulkareem. The Supreme Court ruled against Lagos State, overturning its ban on the use of hijabs by female Muslim students in public schools.
Beyond the courtroom, the jurist takes pleasure in reading, information technology, and counselling. She is also an advocate for good governance and change.
All other things being equal, Kekere-Ekun is set to serve as Nigeria’s Chief Justice for the next four years, until her retirement on May 7, 2028.
