*Says only the Judiciary can fight for Its Independence
*Suggests a similar approach as in military era.

A foremost prosecutor for the Nigerian Bar Association at the Legal Practitioners Disciplinary Committee [LPDC], and Senior Advocate of Nigeria, Mr. Jibrin Samuel Okutepa has charged the Judiciary to guide Jealously its decisions and orders and also deal firmly with those who treat its decisions contemptuously if it [the Judiciary] wishes to retain its independence and command the respect it deserves from both the Government, Entities, and Individuals.

Mr. Okutepa, SAN, made his position known via an opinion made available to TheNigeriaLawyers, wherein he further noted that no one, including the supposed last hope of the common man—The Judiciary, gets independence on a platter of gold, and as such a level of seriousness, struggle and toughness will be required from the Judiciary, something akin to the toughness of the Judiciary during the military era, noting that the court should no longer condone clear disobedience or undermining of its orders and decisions by parties before it.

“No one gets ìndependence on a platter of gold. It is only the judiciary that can protect itself from contempt its orders are being held in this country. It is only the judiciary that can put an end to the taunting or impunity its orders are being treated by the power that be. Even in the military era, the judiciary was firm in protecting itself from executive lawlessness. You cannot be in disobedience of court orders and be given equitable indulgence.”

Furthermore, Mr. Okutepa SAN considered that where Court orders are unenforced or not obeyed, the litigants who run to the Judiciary, seeking it to exercise its Judicial powers under section 6 of the 1999 constitution, are left without any remedy, and the Judicial powers are rendered largely impotent. He also opined that ‘…the judiciary must protect and defend its orders by avoiding dancing around issues under hybrid technical approach which sometimes seem too mechanical that is devoid of any utilitarian justice.’

Similarly, the Learned SILK also pointed that, in instances where Judicial decisions are undermined or treated with levity, the Judiciary is Justified to be annoyed with such disregard of its order and accordingly go all out to sternly punish those who disobeyed its order. He noted that, only the Judiciary can give to itself the Independence it [the Judiciary] so badly desires, and that another method of protecting itself, is to refrain from giving decisions that are in conflict with [other] rulings [seeking to protect its independence].

“While lawyers do their best to defend court orders and to enforce it, the judiciary must avoid any act or give any decision in sabotage of its orders. That is the only way the judicial institutions can assume and command the much-desired independence and respect which is badly needed in our society. When judicial decisions cannot be enforced or judicial decisions are not respected then it will be proper and not out of place for the judiciary not only to wink at it but to be angry and demand obedience. The judiciary is the only one who can give itself independence by acting in defence of it’s orders not to aid parties in disobedience to remain comfortable in the room of disobedience.”

Source:TheNigerialawyer