IN this report, Vanguard’s Law & Human Rights explores the background facts surrounding the ongoing ‘war’ in the cyber sphere on the appropriateness of the new Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun attending a dinner organised in her honour by Lagos State Government, last Saturday, to celebrate her achievement in the legal profession.

The report also engages top flight legal practitioners who share their perspectives on the somehow ‘recondite’ issues involved in the conversation—separation of power and independence of the judiciary: theory and practice.

Senior lawyers from different geo-politicalzones of the country have joined the ongoing conversation on last Saturday’s dinner organised by Lagos State Government to honour the newly appointed Chief Justice of Nigeria, Justice Kekere-Ekun over her contributions to the development of jurisprudence in Nigeria in the last four decades.

Some of the lawyers who shared their perspectives on the issue, one-time Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi, SAN; a distinguished scholar and human rights activist, Professor Itse Sagay, SAN and a renowned expert in Public Law and President of the Center for Socio-Legal Studies, Prof. Yemi Akinseye George, SAN.

Others are a prominent member of the Body of Senior Advocates of Nigeria,BOSON, Mr Benbella Anachebe, SAN and a fiery lawyer and politician, Chief Adeniyi Akintola, SAN.

How the conversation started

Last Saturday, November 10, 2024, the Governor of Lagos State, Babajide Sanwo-Olu, hosted a special dinner at the Lagos House, Marina, to honour Justice Kudirat   Kekere-Ekun, the newly appointed Chief Justice of Nigeria, CJN.

Although Justice Kekere-Ekun was born in London, the United Kingdom, her parents—Alhaji Senator H.A.B Fasinro, OFR, and Mrs Winifred Ogundimu (nee Savage)— were both indigenes of Lagos State, Nigeria.

The state-organised event had several dignitaries in attendance including the immediate past Chief Justice of Nigeria, Justice Olukayode Ariwoola.

The governor said the event was put in place to celebrate Justice Kekere-Ekun, for more reasons than one which he listed orally.

Elated Governor Sanwo-Olu, after the event, shared on the social media, a photograph of himself in a handshake withJustice Kekere-Ekun, with a long five-paragraph caption to capture why the state government organised the dinner.

Less than 24 hours after Sanwo-Olu’s post, netizens including former Chairman of the National Human Rights Commission, Prof. Chidi Odinkalu and a former Chairman of the Nigerian Electricity Regulatory Commission, NERC, Dr. Sam Amadi, reacted not only to the photo but also the event. Specifically, both of them took a swipe at Justice Kekere-Ekun for attending the event, saying it amounted to fraternising with litigants.

According to Odinkalu: “I suspect someone will tell me Madam CJN’s memory is wonky. If not, then how did she forget that the governor of Lagos State is a litigant before her @SupremeCourtNg? How can she call younger judges to order when they fraternize in this manner or she just plainly can’t see it?!”

Amadi, in a separate post also said: “The CJN and a litigant. Justice is no longer blind.”

The reactions by the duo of Prof. Odinkalu and Dr Amadi, without doubt set the cyber sphere on fire with many Nigerians within and outside the shores of the country feasting on the comments.

But senior lawyers in the country whose attention were drawn to the event and the comments trailing them took their time to return measured reactions.

Specifically, all the senior lawyers noted that there was nothing wrong in the CJN attending the dinner, insisting that the suspicion held by the critics of the CJN might have been fuelled by their past experience. They, however, stressed that independence of the judiciary cannot be interpreted to mean that judicial officers, particularly heads of courts, cannot attend state functions.

Nothing wrong with dinner for CJN—Agabi, SAN

According to Chief Kanu Agabi, SAN, there was nothing wrong in what happened.

He said: “I don’t agree with the critics. The fact that they have been appointed judges does not mean they should become slaves; that they shouldn’t live their normal lives; that they shouldn’t attend functions and that they should not commend them. I disagree with that.

“I see absolutely nothing wrong with the Governor of Lagos State commending the CJN. Why not? These judges sacrifice so much. We should commend them. Why should we regard condemnation as normal and commendation as abnormal? We must encourage one another with words of commendation. And look, the judges in particular, they work so hard, night and day. They don’t have a life of their own. So, may God bless the Governor of Lagos State for having words of praise for the judiciary. I am very proud of our judiciary.”

Critics very wrong, idle—Akintola, SAN

Also contributing, Chief Akintola SAN said he disagreed with the critics of the CJN for attending the dinner.

He said: “I do not agree with them. Trust some Nigerians, they believe that what they do not know does not exist. That has been the bane of our national development. Even that has not been allowing them to think straight. If somebody is being honoured by her state for her contribution to the development of our jurisprudence, how should that become an issue?

“The truth is that some of these people don’t have jobs to do. Some of these critics have nothing to do. Some are so idle. They don’t think straight. This is a woman who has been serving her state for over 40 years culminating into her serving her own country and indeed, Africa and some people think what they should do is to denigrate her out of ignorance, mischief, laziness and politics.

“Look at those who have been criticising her for being honoured? Who are they? Who are these fellows? What have been their contributions to national development? Take a look at them, in what areas have they excelled? In what way have their conducts been commendable in terms of national development? Nil. If you look at them, I don’t dignify such people with my attention or comments. I don’t even read their comments. This is because they just don’t have anything good to say about any other person. They are as useless as their comments.”

Criticisms based on ignorance —Prof Sagay, SAN

To a renowned human rights activist, Professor Itse Sagay, SAN, criticising the Lagos dinner in honour of the CJN was absolute nonsense.

His words: “Absolute nonsense. There is nothing wrong at all with the Chief Justice of Nigeria being seen with the governor. They are all major public officers. The executive is number one in the hierarchy and the judiciary is number three. And they are very essential to the survival of the state. It is good that they should be on good terms and that they should be talking to one another. If they are estranged and they are not talking to one another, governance will lose severely. I think it is a very good step. Those who are criticising it are just doing it out of ignorance,” he explained.

Critics misunderstood judiciary independence—Prof George, SAN

But a renowned scholar of Public Law, Prof Akinseye George, SAN said that the critics appear to have misunderstood what separation of power and the independence of the judiciary mean.

According to him: “There are two ways of looking at it: The first one is that Nigerians are confusing independence of the judiciary with total separation of powers. There is nothing like total separation of powers. It is an illusion. Total separation of power is an illusion. It does not exist in reality. What is important is the unseen bastion of judiciary independence which is the conscience of the judicial officers.

“At the same time, judges cannot afford to create a wrong impression to the public by meeting at social gatherings and parties with politicians. But this is an official function of the Lagos State Government. It is not a private party. You know, it was not only for the Chief Justice of Nigeria but also for other justices of federal courts like the Court of Appeal.

“So, I think we are carrying this demand for strict separation of powers to a ludicrous level. But two things I will say: Judges are not expected to be romancing with the government or even other members of the society like politicians. Judges are supposed to maintain a detached outlook. But that does not necessarily mean that judges cannot participate in the official function of the state.

“So, I think that is a misreading of what is called separation of powers. The most important thing is the conscience, the independent mindedness of the individuals concerned. This is because, even though we say judges have to be detached and be aloof, judges are still human, they are still living in society. They are still part of the government.

“You cannot say that judges can’t participate in official functions of the state. I do not agree with those who share that position. But I can understand their challenge. Their problem arose because a lot of judges have abused their relationship with politicians. They have allowed politicians undue access to themselves. That’s why Nigerians are worried. We cannot blame them.

“However, we must not carry this demand for separation of power to a ludicrous extent that judges cannot participate in state functions. This is because I saw the one that took place in Lagos State. The CJN was there. Her husband was there. Other senior judges were there. It is a misunderstanding of what separation of power is all about. It is a misunderstanding of what independence of the judiciary is all about,” he said.

Lagos dinner for CJN normal— Anachebe, SAN

Also contributing to the conversation,Mr Benbella Anachebe, SAN said the Lagos dinner for the CJN was not only normal but also traditional.

According to him,:“My take is that the three arms of government are interrelated both constitutionally and in practice. They are supposed to complement one another. Ordinarily, one would expect that the judiciary is the one that is least visible except through its pronouncements. But we are also Africans. It is a norm. It is not an aberration to have a state governor honouring one of its citizens who has brought honour to his state. It is not absurd. It is not unheard of. It has happened in the past in so many climes. The truth be told, we are still an evolving democracy. And the problem of the judiciary today cannot be visited squarely on the politicians. The judiciary is populated by supposed learned people who are lawyers, first and foremost. And we all passed through schools and grew up to know what is obtainable, what is ethically permissible and what is not.

“The fact that a state governor hosted the CJN, I don’t see it as a big deal. I was there when the Body of Senior Advocates of Nigeria and the Lagos State Government hosted the immediate past CJN at the Lagos Continental Hotel. It is not a big deal. What we should be concerned about is how the operators, the men and women, who sit on the bench in this country, can assert their independence when dealing with matters that come before them.”

That will be dependent on individual or personal perspective. Not as an institution. The institution is already there, well guarded by the constitution. But are the operators willing to abide by the powers vested in them?”