Monday Eze 
Recently, Justice Kudirat Kekere-Ekun was inaugurated as the Chief Justice of Nigeria. By virtue of her new position, Her Lordship is the chief superintendent of the judiciary of the most populous black nation in the world.
The nation’s judiciary has all the characteristics necessary to make it function as a social institution. For instance, the Nigeria judiciary has an established structure made up of hierarchical courts including but not limited to the Supreme Court, Court of Appeal and the High Courts.
Fairness, neutrality and commitment to law are the principles that guide the judiciary in Nigeria. With the above structure and principles, the judiciary is expected to discharge its social functions of administration of justice, conflict resolution, protection of citizens’ rights etc.
While performing its social functions, the nation’s judiciary is expected to promote and preserve the traditional values of fairness, justice and equality of rights before the law.
But the judiciary cannot function in isolation, hence, it is designed to interact and collaborate with other institutions like the executive and legislative arms of government and even community groups.
In essence, the judiciary as a key component of the country’s governance structure, among other functions, interprets laws and ensures jus- tice; resolves disputes and conflicts; protects individual rights and freedoms; upholds the rule of law and constitution; provides checks and balances on executive and legislative powers.
Notwithstanding the above set up of the Nigerian judiciary, it suffices to say that, over time, the judiciary has deviated from its original mandate and is presently challenged on all fronts by alleged corruption and bribery, political interference, inefficiency and delays, lack of funding and infrastructure, public perception of bias.
Even though Justice Kekere-Ekun is the new helmsperson of the Nigerian judiciary, she has been an active player within the judiciary for long and has risen through the ranks to her present position as the number one law officer in the country.
This is enough to say that the new Chief Justice of Nigeria knows the challenges of the Nigerian judiciary too well and does not need a protracted study of those challenges.
Justice Kekere-Ekun knows, like every other Nigerian, that the current bazaar of ex-parte injunctions by courts constitutes a great clog in the wheel of justice administration.
Nigerian judges grant ex-parte injunctions to restrain institutions from discharging even constitutional duties or functions. Serving federal ministers have exploited the ex-parte injunction bazaar to block investigations of the alleged crimes committed by them in the public offices they occupied in the past.
A currently serving Chief Judge of one of the states of the federation who allegedly falsified her age is said to be pleading an ex-parte injunction in order to stop the National Judicial Council (NJC), presided over by Chief Justice Kekere-Ekun from investigating a petition against the said State Chief Judge.
The present CJN was a highranking member of the Nigerian judiciary when the influence of some politicians led by Senator Balkachuwa on the judiciary was celebrated at the plenary of the 9th Nigerian Senate.
Currently, the rights of ordinary Nigerians are constantly abused by members of the lower bench who after denying jurisdiction on criminal charges before their courts somersault to order for the detention of the suspects in the same matter
Nigerians want a country where all citizens notwithstanding status are not only presumed to be equal before the law, but are, in fact, treated as equal before the law
the courts lack jurisdiction! Taking criminal suspects to courts that have no jurisdiction is unconstitutional and the judiciary should eschew such illegal enterprise even under the infamous guise of “holding charge”. According to John Rawls in his book: ‘A Theory of Justice’, “Justice is the first virtue of social institutions”.
This theory should be particularly true of the Nigeria judiciary. Chief Justice Kekere-Ekun has a duty to strengthen the nation’s judiciary as a social institution to enable it to discharge its man- date of administration of justice.
As things stand, our judiciary is in dire need of reinvention through judicial reforms and independence, transparency and accountability measures, capacity building and training, improved funding and infrastructure.
The reform that the Nigerian judiciary needs can be classified into two. These are moral or intangible and material or tangible reforms.
The moral or intangible reforms are very crucial, imperative and urgently needed. They are equally feasible and can be achieved through review of existing policies, rules of procedure, and codes of conduct for judicial officers and swift actions on pending petitions and complaints against judicial officers before the National Judicial Council and so on.
The moral reformation of the judiciary is long overdue and well within the capacity of the new CJN. Her Lordship should hit the ground running to make it happen. The confidence of the common man in the Nigerian judiciary must be revived.
The pervading influence of politicians who allegedly build houses and buy cars for judicial officers on court judgements have to be curbed.
Nigerians want to hear judicial pronouncements bereft of extraneous considerations. Nigerians want a country where all citizens, notwithstanding status, are not only presumed to be equal before the law, but are, in fact, treated as equal before the law. This is the task before the new Chief Justice of Nigeria.
