Senior Advocate of Nigeria, Chief Assam E. Assam, SAN, has called on the Chief Judge of Akwa Ibom State to take decisive steps towards the operationalisation of the Customary Court of Appeal in the state, arguing that the institution is necessary to strengthen access to justice and the development of customary jurisprudence.
Assam made the call while delivering his address at the 2026 Opening of the Legal Year in Uyo, Akwa Ibom State, on September 28, 2026, where he also raised concerns over religious liberty and what he described as the need for judicial leadership to rise above personal apprehensions in building enduring institutions.
According to him, the opening of the Legal Year should provide an opportunity for institutional introspection, examination of the state of justice and renewal of commitment to the rule of law. He said it was in that spirit that he addressed two issues which, he said, weighed heavily on his conscience: religious liberty and the activation of the Customary Court of Appeal.
On religious liberty, Assam criticised what he described as a rebuke allegedly directed at the Akwa Ibom Chief Judge by the Chief Justice of Nigeria over the judge’s dancing in church during an event marking the previous year’s Legal Year.Nigerian political commentary
He also questioned the dress code prescribed for this year’s Legal Year ceremony, arguing that it should not be used in a manner that interferes with religious expression.
“I am a Christian and unapologetically so,” Assam declared, stressing that his faith was neither an embarrassment to be concealed nor an indulgence requiring permission from another person.
He argued that Christian worship could involve singing, musical instruments, bodily movement and dancing, adding that such expressions should not automatically be regarded as professional misconduct.
Citing biblical passages including John 4:24 and 2 Samuel 6:14, he argued that dancing during worship could constitute an expression of faith rather than a departure from judicial dignity.
Assam further invoked the constitutional guarantee of freedom of thought, conscience and religion, arguing that religious liberty should apply equally to all Nigerians.
He referred to judicial recognition of Muslim women’s right to wear the hijab in court and argued that the same constitutional principle should protect Christians in the manifestation of their faith.
He further declared the support of what he described as the senior leadership of the Bar in the jurisdiction for the Chief Judge in the defence of religious liberty and constitutional rights.
Turning to the Customary Court of Appeal, Assam recalled that he had raised the issue at the previous year’s Legal Year ceremony.
He said the Chief Judge had responded that he was not prepared to create a court whose head would fight him.
Assam said he had reflected on the statement for a year and concluded that apprehensions over possible disagreement between judicial office holders should not prevent the establishment of an institution intended to serve the people.
READ THE FULL SPEECH BELOW
ADDRESS AT THE OPENING OF THE 2026 LEGAL YEAR IN UYO, AKWA IBOM STATE SEPT., 28, 2026. By Chief Assam E. Assam, SAN
My Lord the Honourable, the Chief Judge of AKS
I want to join our colleagues, friends and family of our brother, Godswill Umoh Esq, in congratulating him for scaling the hedges into the inner bar. There are so many highly qualified lawyers in this jurisdiction who must not be tired of applying and who we are waiting to congratulate in the near future. It will be great to welcome two in the coming year.
The opening of the Legal Year has always been an occasion for institutional introspection when we must examine the state of justice, confront uncomfortable truths, renew our commitment to the rule of law and remind ourselves that the administration of justice exists, ultimately, for the benefit of the people. It is in that spirit, and with the greatest respect for this revered institution, that I wish to address two matters which weigh heavily upon my conscience.Law Enforcement technology
- Religious Liberty: The Right To Worship God Without Intimidation.
My Lord the Chief Judge, we have it on good authority that you were rebuked by the Learned CJN for dancing in Church at an event to mark last year’s opening of the legal year and in order to avoid offending His Lordship, you prescribed a dress code for this year’s event. You must appreciate the fact that there is no way that dress code you prescribed could resonate with the opening of any Legal Year. 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. I watched the video, the subject matter of the rebuke. You were graceful and controlled. I have seen worse videos from Lagos jurisdiction which has drawn no condemnation whatsoever. Please permit me therefore to view the rebuke through my own narrow prism.
The Holy Bible declares in John 4:24:
“God is a Spirit: and they that worship him must worship him in spirit and in truth.”
Christian worship is not always a silent communion of folded hands and bowed heads. Sometimes, it is the lifting of holy hands. At other times, it is the glorious convergence of voices, songs, drums and cymbals, rising in thanksgiving to the Almighty.
And when the presence of the Lord fills the sanctuary, when the rhythm of Christian voices and the symphony of sacred instruments elevate the spiritual essence of the moment, and the body responds in spontaneous and graceful dance, that expression is not misconduct. It is worship. My Lord, to dance before the Lord is neither an act of professional indiscretion nor an abandonment of judicial dignity. It is an expression of faith. Indeed, the Bible records in 2 Samuel 6:14 that David danced before the Lord with all his might. 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.
William Shakespeare, in The Merchant of Venice, gave us these immortal words:
“The man that hath no music in himself, Nor is not moved with concord of sweet sounds, Is fit for treasons, stratagems and spoils.” Shakespeare understood something fundamental about the human spirit: that music speaks a language which transcends the limitations of ordinary expression. And so, when a Christian is moved by the music of worship, when gratitude finds expression in movement, when the soul rejoices and the body responds, none of us is acquainted with the mysteries of another’s relationship with God to sit in judgment over that expression?
My Lord, Nigeria remains a country of troubling contradictions. Our Constitution guarantees freedom of thought, conscience and religion. These constitutional protections are not privileges conferred by the generosity of public officials. They are rights guaranteed by the supreme law of the land.Nigerian political commentary
I recall the judicial recognition accorded to the right of Muslim women to wear the hijab in court as a part of the dress code at the bar. That recognition represents an important affirmation of religious liberty. The panel that reached that decision comprised the CJN who now seeks to censor the Christian mode of worship.
This is totally unacceptable as constitutional rights cannot be applied selectively. The same constitutional principle that protects a Muslim woman’s right to manifest her faith must protect a Christian’s right to worship in accordance with the tenets and accepted practices of Christianity. 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. Judicial dignity is demonstrated in independence, integrity, impartiality, learning, restraint and fidelity to the law. It is not measured by the absence of bodily movement during a church service. And this issue becomes sensitive and worrisome when the condemnation is done by another hierarchical Judicial official but of the Muslim faith.
My Lord the Chief Judge, permit me to say this with the utmost clarity. You are not alone. The senior leadership of the Bar in this jurisdiction stands with you in defence of religious liberty, judicial dignity and the constitutional rights of every Nigerian. We will not be indifferent to intimidation. We will not lend our silence to harassment nor permit religious prejudice to masquerade as professional discipline. We stand for a judiciary in which every citizen may exercise the freedom guaranteed by the Constitution without fear of discrimination. That is the promise of constitutional democracy and which the legal profession has a sacred duty to defend.
- The Customary Court Of Appeal:
This brings me to another matter of considerable importance to the administration of justice in Akwa Ibom State: the long-standing demand for the activation of the Customary Court of Appeal.
I approach this subject with respect, but also with a sense of urgency and an obligation to speak candidly. I believe that Your Lordship possesses the institutional capacity, administrative experience and strength of character required to work harmoniously with your brother Judges in building a judicial structure that will serve the people of Akwa Ibom State long after all of us have departed from this world. You can choose not to do so and that will certainly be your legacy. Institutions must always be greater than the individuals privileged to occupy them.Find Legal Help
When last year I honoured Your Lordship’s invitation to attend the Opening of Legal Year, I raised, on behalf of the Bar, the question of activating the Customary Court of Appeal. In Your Lordship’s response, you were remarkably pungent. You declared, in substance, that you were not prepared to create a court whose head would fight you.
My Lord, those words have remained with me. I have reflected upon them for one year and that is a considerable portion of what remains of my earthly journey. I have examined that statement from the standpoint of law, institutional responsibility, public interest, morality and the demands of posterity. With the greatest respect, I have found no sufficient justification for allowing such apprehensions to stand in the way of an institution intended to serve the administration of 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. Its existence must not depend upon the anticipated temperament of its prospective head, just as the administration of justice must never become hostage to the personal chemistry between public officeholders. Judicial institutions are created to outlive personalities. The courts belong neither to the Chief Judge nor to the President of the Customary Court of Appeal. They belong to the people, in whose name judicial authority is exercised.
My Lord, customary law is not an inferior appendage to our jurisprudence. It is an important expression of the history, traditions, identity and social organisation of our communities. Behind every customary law dispute is a human story. There are widows and orphans waiting for the determination of inheritance disputes. There are families divided by questions of succession. There are communities seeking the resolution of land disputes. There are litigants whose lives and livelihoods remain suspended while they await the conclusion of proceedings.
To these people, the administration of justice is not an abstract constitutional exercise. It is the difference between peace and uncertainty; reconciliation and prolonged bitterness; the enjoyment of a right and its practical denial. 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. The question should be whether its existence will advance the cause of justice. This matter has now reached a crisis point as the Court of Appeal now consider the High Courts without jurisdiction to entertain appeals from Customary Courts. This must worry you, if nothing else.Find Legal Help
My Lord, we must never allow the fear of institutional disagreement to become a justification for institutional paralysis. The Bar therefore renews its appeal for the necessary steps to be taken towards the operationalisation of the Customary Court of Appeal in Akwa Ibom State. We recognise that the establishment and activation of such a court must comply with the relevant constitutional and statutory requirements and involve the appropriate institutions. But we also recognise that judicial leadership can provide the cooperation, goodwill and institutional direction necessary to move the process forward.
Please consider the benefits of more expeditious conclusion of cases; the litigants who will have improved access to appellate justice in customary law matters; the judicial and administrative appointments that may arise, subject to the applicable legal and funding arrangements; the families whose economic circumstances may be transformed through legitimate employment; the development of customary jurisprudence and the institutional legacy that such a court would represent.
Above all, consider the generations yet unborn, who may look back upon this period and remember that, when an opportunity arose to strengthen the administration of justice, your Lordship rose above personal considerations and acted in the enduring interest of the State. That, My Lord, is the legacy worthy of your high judicial office.
- The Moral Responsibility Of Leadership
My Lord the Chief Judge, please permit me to conclude on a personal note.
God, in His infinite wisdom, created man with his eyes positioned in front of his head.
There must be a lesson in that divine arrangement. We were made to look forward.
We were not created to spend any part of our existence looking backwards, nursing grievances, rehearsing disappointments and preserving the memory of every injury and seeking every opportunity to avenge a wrong. At my age, I have come to terms with the fact that bitterness is an expensive burden. Resentment consumes energy that could have been devoted to constructive achievement. Recrimination imprisons the mind in yesterday and freezes the thoughts, when tomorrow is waiting to be built and for your Lordship, who is entrusted with public authority, the consequences of such burdens can extend far beyond your appointments.
When individuals disagree, relationships may suffer but when public institutions are affected by personal disagreements, the people suffer. This is why leadership demands something greater than the assertion of authority. Indeed, the true measure of leadership is not the number of people who submit to our authority, but the number of enduring institutions we help to build.
My Lord, the judiciary is the last refuge of the common man. It must never become a theatre for the preservation of personal grievances. We are all temporary occupants of the offices we hold but the institutions we build, the precedents we establish and the justice we administer will remain. 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.Find Legal Help
- My prayer:
I return, in conclusion, to the matter with which I began. I have defended your right to worship God in accordance with your Christian faith because I believe that no judicial officer or any human for that matter, should be subjected to religious discrimination merely for exercising a constitutionally protected freedom.
Today, I respectfully invite Your Lordship to extend that same principle of fairness, objectivity and institutional generosity to the question of the Customary Court of Appeal. 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. Then ask yourself one question: If this matter came before me as a Judge, and were I required to determine it solely upon the law, the evidence and the overriding interest of justice, what decision would I make? My Lord, I believe that the answer to that question deserves your most solemn consideration. And let your experience guide you. Remember when you were the number two Judge. Do unto others as you wish others do unto you.
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; the year in which we demonstrated that the greatness of judicial leadership lies not only in the judgments a Judge delivers, but also in the institutions that Judge helps to build.
My Lord, as we stand with you in defence of your constitutional rights, we ask you, in turn, to stand with the people of Akwa Ibom State in advancing this important institutional aspiration as we pray that your Lordship rules today and proclaims the operationalization of The Customary Court of Appeal of Akwa Ibom State.
May it please my Lord.