Rivers: Judges Issuing Orders Despite Supreme Court Ruling on INEC Roles
Okutepa, SAN, Criticizes Judicial Disregard for Supreme Court Decisions
Renowned Senior Advocate of Nigeria (SAN), Jibrin Samuel Okutepa, has raised concerns over the actions of some judges in Nigeria, accusing them of undermining the rulings of the Supreme Court, particularly with regard to the independence of the Independent National Electoral Commission (INEC). This comes in light of a recent ruling where the apex court reaffirmed the financial autonomy of the nation's 774 local government councils. Despite this, Okutepa highlights that judges are still issuing orders that interfere with INEC’s role in conducting local government elections.
Supreme Court Affirms Financial Autonomy for Local Governments
On July 11, 2024, the Supreme Court of Nigeria delivered a landmark judgment affirming the financial independence of local government councils. A seven-member panel led by Justice Mohammed Garba declared that caretaker committees established to run local governments were unconstitutional. This ruling was hailed as a significant step towards reinforcing local governance and limiting political interference in local administrative structures.
The judgment, brought by the Federal Government through the Attorney-General's office, was based on the premise that Section 1 of the 1999 Nigerian Constitution makes the constitution supreme and binding on all persons and authorities, including courts. Furthermore, Section 287(1) mandates that decisions of the Supreme Court must be enforced throughout the country by all lower courts and authorities.
Disregard for Supreme Court Judgment
Despite the clarity of the Supreme Court’s decision, Okutepa expressed alarm that certain judges are still issuing orders that hinder INEC's operations, particularly its role in releasing electoral materials to State Independent Electoral Commissions (SIECs) for local government elections. These materials are crucial for ensuring that elections at the local government level adhere to democratic principles. However, some judicial officers have issued orders preventing the release of these documents, in direct contradiction to the Supreme Court's ruling.
"It is deeply troubling that in a country where the rule of law should prevail, some judges are disregarding binding judicial precedents to serve partisan interests," Okutepa lamented. He emphasized that judicial independence is the bedrock of a fair legal system, and judges must base their decisions on facts, legal merit, and the binding authority of higher courts, without succumbing to external pressures.
Abuse of Judicial Process for Political Gain
Okutepa also criticized the role of certain political actors in exploiting judicial processes for selfish ends. "It is unfortunate that some Nigerian politicians are determined to manipulate the judicial system to achieve personal gains, regardless of the long-term consequences for governance," he said. He expressed particular concern over the involvement of legal professionals in such actions, accusing them of filing frivolous cases that undermine the Supreme Court's authority and the independence of local governments.
"The current practice of issuing conflicting court orders, often from different jurisdictions, is detrimental to good governance and economic development in Nigeria. It portrays the country as a place where the judicial process can be manipulated for personal advantage, even when it contradicts the principles of democracy and justice."
Call for Judicial Reform
Okutepa called on the Chief Justice of Nigeria and the leadership of the legal profession to urgently address the situation. He warned that the proliferation of conflicting court orders is not only damaging to Nigeria's judicial system but also undermines the nation’s democracy.
"The kind of orders being issued by some courts are in clear defiance of the Supreme Court’s rulings and are sabotaging the democratic process. These actions should not be allowed to continue unchecked and must be met with appropriate sanctions," Okutepa urged.
He concluded by calling for immediate reforms to ensure that judges adhere strictly to the rule of law and that the integrity of Nigeria’s judiciary is preserved. "The judiciary must remain independent, impartial, and free from external influences. Only then can it fulfill its role as the guardian of democracy and the rule of law in Nigeria."
Conclusion
The continued disregard for the Supreme Court’s judgment on local government autonomy raises serious concerns about the state of Nigeria's judicial system. Legal experts like Okutepa, SAN, warn that unless urgent reforms are made, the credibility of Nigeria's legal and democratic processes may suffer irreversible damage. The Chief Justice and the legal profession’s leadership must act swiftly to preserve the sanctity of the judiciary and restore public confidence in the nation's courts
0 Comments