Judiciary in 2024: Leadership transition, conflicting decisions, landmark judgements, other defining developments

The year 2024 witnessed several changes in the judiciary— Kudirat Kekere-Ekun succeeded the retired Kayode Ariwoola as Chief Justice of Nigeria (CJN), and judges received a significant increment in their remuneration. Despite these developments, the institution’s credibility was undermined by some inexplicable orders from the bench.

In this review, PREMIUM TIMES examines the major events that defined the judiciary last year and how these events will shape perceptions of the institution going forward.

Appointment of Kudirat Kekere-Ekun as CJN: A new era?

In August, former CJN Ariwoola retired upon clocking 70, the statutory retirement age for judicial officers. In line with established practice, Mrs Kekere-Ekun, the next most senior Justice of the Supreme Court at the time, was nominated as Acting CJN and subsequently confirmed for the position by the Senate.

To many critics of the former CJN, his departure was a relief. They said his tenure was marked by a further decline in public trust and confidence in the judiciary, with alleged nepotism in appointing close relations to positions counted among his “many sins.”

Mrs Kekere-Ekun assumed office amidst growing calls for urgent reforms to address inefficiencies, delayed justice, perceived political interference, bribery, and incompetence. However, she is not an outsider, having served on the Supreme Court since 2013. She was also part of the panel that delivered the controversial judgement leading to Hope Uzodinma’s emergence as Governor of Imo State.

 She appears aware of the judiciary’s image problem, acknowledging that a few judges have tarnished its reputation while insisting that the judiciary is blessed with upright and courageous judges.

Agbo Pius, a lawyer, noted that Mrs Kekere-Ekun faces significant challenges that require immediate reforms to strengthen the judiciary. He urged her to ensure judicial independence by shielding judges from external pressures, reducing case backlogs through efficient management systems, and fostering accountability and transparency via robust disciplinary mechanisms.

Mr Pius also advised Mrs Kekere-Ekun to modernise infrastructure, leverage digital technology, and implement regular capacity-building programmes for judicial staff to create a fair, efficient, and trustworthy justice system.

Although 2024 was insufficient to assess Mrs Kekere-Ekun’s performance, 2025 will provide a more substantial opportunity to evaluate her impact.

Promising reforms in areas including discipline and appointment of judges on assuming office last year, Mrs Kekere-Ekun raised the hope of leading the judiciary on a new path.

Conflicting court judgements

Conflicting judgements persisted in 2024, with judges delivering contradictory rulings and venturing into cases beyond their jurisdictions. Many believe this problem stemmed from forum shopping among lawyers and a general lack of discipline and accountability among judicial officers.

Forum shopping has turned courts into a “marketplace” for political gladiators in Nigeria, who seek favourable rulings across different states.

In Kano, the emirship tussle exposed the judiciary to further scrutiny, as judges issued conflicting orders.

The Kano State House of Assembly repealed the Kano Emirate law, reversing some changes to the state’s traditional institutions. Following the implementation of a new law, Governor Kabir Yusuf reinstated Lamido Sanusi as the sole Emir of Kano.

However, Aminu Ado-Bayero and his supporters resisted, leading to an impasse that prompted various parties to approach different courts.

The Federal High Court in Kano restrained the state government from implementing the new law—a decision Governor Yusuf dismissed, alleging the judge’s signature had been forged as he was in the United States then.

Meanwhile, a Kano State High Court judge, Amina Aliyu, issued a counter-order barring law enforcement agencies from removing Mr Sanusi from the palace. The Court of Appeal later overturned the Federal High Court’s decision.

Similarly, Rivers State witnessed judicial orders being weaponised amid political infighting between Governor Siminalayi Fubara and former Governor Nyesom Wike. Both warring camps secured ex-parte orders, with the conflicting orders nearly plunging the state into chaos.

For instance, on 30 September 2024, the Federal High Court in Abuja and the Rivers State High Court in Port Harcourt issued conflicting orders regarding local government elections. While the Federal High Court invalidated the election procedures, the Rivers State High Court directed the state’s electoral commission to proceed with its plan to conduct the polls.

In response to these controversies, the former CJN, Mr Ariwoola, summoned the Kano and Rivers State High Courts judges for an emergency meeting. The National Judicial Council (NJC), chaired by the CJN, subsequently established a three-member investigative panel led by an appellate justice to examine the circumstances surrounding these conflicting rulings. However, the panel’s findings have not been made public.

Judges’ remuneration

The judiciary received a significant boost to remuneration through the Judicial Office Holders’ Salaries and Allowances (etc.) Bill, 2024, which President Tinubu signed into law in August.

PREMIUM TIMES reported that the House of Representatives passed the executive bill in March and the Senate in June before it was signed into law on 9 August.

The law increased salaries for judicial officers of superior courts by 300 per cent, addressing a 16-year stagnation. The Chief Justice of Nigeria now earns an annual salary of ₦64 million, while Supreme Court Justices receive ₦61.4 million.

Although many viewed this increment as a necessary adjustment to economic realities, it coincided with a cost-of-living crisis affecting most Nigerians.

Judicial misconduct: NJC takes action

The National Judicial Council (NJC), under the leadership of CJN  Kekere-Ekun, recommended the compulsory retirement of two senior judges—T.E. Chukwuemeka Chikeka of Imo State and Kadi Babagana Mahdi of Yobe State—for falsifying their ages.

Additionally, the council suspended two other judges—G.C. Aguma of Rivers State and Justice A.O. Nwabunike of Anambra State—for one year without pay and placed both on a “watch list” for the subsequent two years. While these measures reflect a commitment to accountability, they underscore the judiciary’s ongoing battle with internal ethical challenges.

However, many insiders argue that these actions are insufficient to address the issues plaguing the judiciary, particularly allegations of widespread bribery. Dele Farotimi’s recent book, Nigeria and its Criminal Justice System, has further amplified scrutiny of the judiciary, placing it under an unflattering spotlight in public discourse.

 A 2024 corruption survey published by the National Bureau of Statistics (NBS) painted a grim picture, identifying the judiciary as the most corrupt institution in Nigeria based on the average bribes received. The survey, titled Corruption in Nigeria: Patterns and Trends, highlights the urgent need for systemic reforms to restore public trust in the judiciary.

Local government autonomy judgement

In 2024, the Supreme Court issued a landmark judgement affirming the autonomy of local government in Nigeria. The judgement was a milestone.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, had filed the suit, marked SC/CV/343/2024, at the Supreme Court to strengthen local government autonomy as guaranteed by the Nigerian Constitution. The suit aimed to prevent state governors from unilaterally dissolving democratically elected local government councils and establishing caretaker committees, actions which violate constitutional provisions.

The Attorney-General argued that the Nigerian constitution mandates a democratically elected local government system and does not permit alternative governance structures. Furthermore, the suit sought to ensure that funds from the Federation Account are channelled directly to local governments, bypassing the allegedly unlawful joint accounts managed by state governors.

The federal government also requested an injunction to stop governors and their agents from accessing or spending local government funds without a democratically elected local government system.

The Supreme Court, in a judgement delivered by Emmanuel Agim, a member of its panel of justices, ruled that allocations from the Federation Account should be disbursed directly to local governments, bypassing state governments. This decision was hailed as a victory for local governance and reinforced constitutional provisions guaranteeing democratic local government systems.

Nonetheless, the judgement was welcomed by many Nigerians, who have grown weary of state governors’ overbearing nature in managing local government funds.

FCT to build houses for 40 judges

The decision of the Minister of the FCT, Nysom Wike, to build 40 housing units for judges in the FCT generated a lot of backlash, as many interpreted it as political interference in the judiciary’s activities.

However, Mr Wike later defended the decision, stating that it was the President’s decision to support the judiciary.

“Where are the judges living? They have no homes and are, therefore, open to political manipulations, and for me and the president, who wants to guarantee the independence of the judiciary, judges must have their homes,’ Mr Wike said.

“I am not Mr President; I am only lucky to be appointed as a minister under this administration and who is in the position to implement his policies. Mr President said, look, this is what he wants; come up and see what we can do,” he added.

Budget secrecy persists

The judiciary’s budget remains shrouded in secrecy, with no public breakdown provided. The NJC and the National Assembly have resisted calls for transparency, blocking journalists and the public from observing budget defence sessions.

Auwal (Rafsanjani) Musa, Executive Director of CISLAC, condemned the lack of transparency, describing it as a mockery of Nigeria’s anti-corruption efforts. He called for reforms to ensure openness within the judiciary’s financial system.

“The judiciary’s non-disclosure of its budget details makes a mockery of the federal government’s anti-corruption efforts.

“There is so much judicial corruption going on at several levels. And the reason why this problem has persisted is because the judiciary itself is not keen about keying into the government’s anti-graft efforts,” Mr Musa said, while referencing the federal government’s Open Partnership Agreement policy.

Open Partnership Agreement policy seeks to promote transparency and accountability in public governance in Nigeria.

“So, we are advocating that part of the judicial reform to deal with judicial corruption and ensure openness within the system is to ensure that its budgetary allocations are made public.

“No arm of government is above the law,” he said.

As 2025 unfolds, the judiciary, under Mrs Kekere-Ekun’s leadership, has the opportunity to address these challenges decisively and restore public confidence in the justice system.