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CJN Kekere-Ekun
Pro-democracy civil society organization, the Human Rights Writers Association of Nigeria (HURIWA), has described as “a gratuitous and an egregious corruption, systematic bribery of the judiciary for the executive branch of government to lavish public funds in building living mansions for justices and judges in the judicial branch of government in clear violation of the Constitutionally protected separation of powers distilled distinctively in Sections 4, 5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria of 1999 as amended.”
HURIWA wondered “why the judiciary which draws her funds direct from the Federation Account is going cap-in-hand begging power-seeking political ideologues for lavished accommodation and housing assets in the Federal Capital Territory.”
HURIWA also stated that, “the housing assets allocated and are being speedily erected by the APC-led administration for transfer to the judges and the justices is a clear plot to pocket these judicial officials who are expected to dispense justice fairly and justly in matters involving different political parties, politicians, citizens and groups.”
The rights group expressed fear that, “henceforth it would be tough for litigants filing cases against the office of president of Nigeria or the officials of the Federal Capital Authority/Administration to expect to get justice since the executive branch of government has already dangled juicy carrots in the forms of exotic housing assets in the choicest area of Abuja to judges and the justices of the federal high court and the Appellate courts.”
“The Federal government even boasted in a boisterous fashion that it unilaterally revoked the validly issued certificates or ownership that it gave to the German construction firm in Nigeria, Julie’s Berger, so as to pass these juicy landed assets and the soon to be completed houses to judges and justices,” HURIWA said in a statement issued on Tuesday and signed by the National Coordinator, Comrade Emmanuel Onwubiko.
The rights group disagreed sharply with the position of the Honourable Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, who publicly said that the Tinubu administration recognizes the mental and emotional well-being of judicial officers.
She spoke on Monday during the flag-off of the design and construction of 40 housing units for Judges’ Quarters in Katampe District of the Federal Capital Territory (FCT).
Kekere-Ekun performed the groundbreaking exercise in the presence of the FCT Minister, Nyesom Wike, FCT Minister of State, Dr. Mariya Mahmoud, principal officers of the National Assembly, traditional rulers, as well as FCT Area Council Chairmen, among others.
Kekere-Ekun described the exercise as a significant milestone in the continuation of efforts by the Federal Government and the FCT Administration to enhance the welfare of judicial officers in the Federal Capital Territory.
HURIWA expressed disappointment with the Honourable CJN, “who in her speech sounded more like a leading member of the ruling All Progressives Congress and spoke as an ideologue of the Tinubu-Shettima’s renewed agenda mantra when in her position as the Chief Justice of Nigeria, she should be neutral, independent and totally not linked to any political catch frame or ideology.”
HURIWA referred the CJN to the following citations and authorities on judicial independence “which make it imperative that Nigerian courts should never mortgage their independence to the apron strings of the executive branch of government”:
“Judicial independence is the cornerstone of democracy, for it ensures that the judiciary remains impartial and unbiased in its interpretation and application of the law, free from interference or influence by the executive or legislative branches of government.”
–Author: Justice Stephen Breyer, U.S. Supreme Court (Active Liberty: Interpreting Our Democratic Constitution)
“The independence of the judiciary is not merely a desirable attribute, but an essential characteristic of a democratic system of government, for it enables the judiciary to perform its constitutional role of protecting individual rights and ensuring that the other branches of government act within the limits of their constitutional authority.”
–Author: Justice Antonin Scalia, U.S. Supreme Court (Federalist Society Speech, 1986)
“Judicial independence is critical to the rule of law and the protection of individual rights. It ensures that judges are able to make decisions based on the law and the facts of each case, without fear of retribution or political backlash.”
–Author: The International Bar Association (IBA) (Judicial Independence: Essential for the Rule of Law)
“An independent judiciary is essential for the preservation of constitutional government and the protection of individual rights. It ensures that the judiciary remains a check on the other branches of government, preventing them from overstepping their constitutional authority.”
–Author: The National Center for State Courts (NCSC) (Judicial Independence: A Cornerstone of Democracy)
“Judicial independence is not a luxury, but a necessity, for it ensures that the judiciary remains a bulwark against arbitrary power and a safeguard against the abuse of authority.”
–Author: The United Nations Office of the High Commissioner for Human Rights (OHCHR) (Judicial Independence and Impartiality).