By Isaac Samuel
Senior Advocate of Nigeria (SAN), Chief Assam E. Assam, has defended the right of the Akwa Ibom State Chief Judge to freely express her Christian faith, while urging her to take steps towards the operationalisation of the state’s Customary Court of Appeal.
Assam spoke in Uyo while delivering an address at the opening of the 2026 Legal Year in Akwa Ibom State.
He said the opening of the legal year should provide an opportunity for the judiciary and the legal profession to reflect on the state of justice, confront uncomfortable truths and renew their commitment to the rule of law.
The SAN’s address focused largely on religious liberty and the long-standing demand for the activation of the Customary Court of Appeal in the state.
On religious freedom, Assam referred to the criticism reportedly directed at the Chief Judge after she was seen dancing in church during an event marking last year’s opening of the legal year.
He said he had watched the video and considered the Chief Judge’s conduct graceful and controlled while arguing that dancing during Christian worship should not, in itself, be regarded as professional misconduct.
“I am a Christian and unapologetically so. My faith is neither an embarrassment to be concealed nor an indulgence for which I must seek the permission of another human being,” he said.
Assam cited biblical references to support his argument, including the account of King David dancing before the Lord, adding that Christian worship could involve songs, musical instruments and bodily expressions of joy.
“It would be a strange interpretation of Christianity that permits King David to dance before his Maker but considers it unbecoming for a Christian judicial officer to do likewise,” he added.
The SAN also invoked the constitutional protection of freedom of thought, conscience and religion, arguing that such rights should apply equally to adherents of different faiths.
He recalled the judicial recognition of the right of Muslim women to wear the hijab in court, arguing that the same constitutional principle should protect Christian expressions of faith.
“This is totally unacceptable as constitutional rights cannot be applied selectively.
“To censor a Christian judicial officer merely for dancing in church, without more, raises profound questions about religious tolerance, constitutional consistency and the limits of institutional authority”, he said.
He maintained that judicial dignity should be measured by independence, integrity, impartiality, learning, restraint and fidelity to the law, rather than by whether a judicial officer moves his body while worshipping.
Turning to the Customary Court of Appeal, Assam recalled that he had raised the issue during last year’s opening of the legal year.
According to him, the Chief Judge had responded that he was not prepared to create a court whose head would fight him.
Assam said the statement had remained with him over the past year, prompting him to examine the issue from the perspectives of law, institutional responsibility, public interest and morality.
He argued that personal apprehensions should not prevent the establishment of an institution designed to improve access to justice.
“My Lord, the Customary Court of Appeal is not an instrument of personal rivalry. It is not a competing kingdom. It is not an adversarial institution established to diminish the authority or prestige of the Chief Judge.
“It is a judicial institution contemplated by our constitutional architecture, with a defined jurisdiction and a responsibility to the people.”
The SAN said customary law was an important part of Nigeria’s jurisprudence and reflected the history, traditions and social organisation of communities.
He noted that customary law disputes often involved inheritance, succession, land and other issues capable of affecting families and communities for years.
“Every avoidable delay has a human cost; and where an institution can be established to improve access to justice, strengthen appellate adjudication and promote the orderly development of customary jurisprudence, the question ought not to be whether its leadership will be personally agreeable to us,” he said.
Assam said the issue had become more pressing following developments at the Court of Appeal concerning the jurisdiction of High Courts over appeals from Customary Courts.
“This matter has now reached a crisis point as the Court of Appeal now considers the High Courts without jurisdiction to entertain appeals from Customary Courts. This must worry you, if nothing else,” he told the Chief Judge.
He therefore renewed the Bar’s appeal for the necessary steps to be taken towards the operationalisation of the Customary Court of Appeal, while acknowledging that the process must comply with relevant constitutional and statutory requirements.
Assam said the court would improve the expeditious determination of cases, strengthen access to appellate justice in customary matters and contribute to the development of customary jurisprudence.
He pointed to the potential for judicial and administrative appointments, employment opportunities and professional growth for lawyers.
The SAN urged the Chief Judge to consider the institution as part of his judicial legacy, saying institutions should be greater than the individuals occupying public offices.
“Posterity will not be interested in who offended you but will ask what you accomplished with the authority entrusted to you and whether when you had the opportunity to do something of lasting benefit to the people, you acted,” he said.
Assam urged the Chief Judge to look beyond personal disagreements, warning that when disagreements between individuals affect public institutions, members of the public bear the consequences.
“When individuals disagree, relationships may suffer but when public institutions are affected by personal disagreements, the people suffer,” he said.
He added that leadership required more than the assertion of authority, saying its true measure was the enduring institutions leaders helped to build.
In his concluding appeal, Assam asked the Chief Judge to apply the same principles of fairness, objectivity and institutional generosity that he expected in the protection of his own constitutional rights to the question of the Customary Court of Appeal.
He said: “Place the matter on the scale of justice. On one side, place whatever apprehensions may exist concerning the leadership of that proposed institution.
On the other side, place the interests of litigants, the development of customary jurisprudence, the opportunities for judicial appointments, the economic benefits to families, the growth of our lawyers, the strengthening of our justice system and the enduring interests of Akwa Ibom State.”
Assam prayed that the 2026 Legal Year would be remembered for institutional progress, equal protection of religious liberty and decisive steps towards activating the Customary Court of Appeal.
“My prayer is that this Legal Year be remembered not merely for the eloquence of the speeches delivered, the beauty of the ceremonial robes or the solemnity of the religious observances,”
“Let it be remembered as the year in which we chose institutional progress over personal apprehension; reaffirmed that religious liberty belongs equally to every Nigerian; the year in which the judiciary of Akwa Ibom State took decisive steps towards the activation of its Customary Court of Appeal.”
