Senior Advocate of Nigeria, Jibrin Okutepa, has said that to
escape consequences after wrong exercise of freedom is not
guaranteed in the constitution. Mr. Okutepa made this statement
whilst reacting to statements by some lawyers criticizing some
judicial officers for awarding heavy costs against lawyers who
challenge some perceived judicial policies.
According to him, freedom without restraint and responsibility
is dangerous. The powers to punish litigants and lawyers for
frivolous processes filed vide costs and other appropriate
recommendations and directives are parts and parcel of the
compendium of judicial powers under section 6(6) (b) of the 1999
constitution of the Federal Republic of Nigeria as amended,
stressing that, whoever has unrestrained liberty will abuse it
“There have been some cases filed in our courts recent times in
the name of freedom and access to courts to ventilate perceived
wrongs or grievances. Many lawyers have filed some of these
processes that seem to and are downright frivolous and vexatious.
These processes are filed most a times to harass or embarrass
political opponents or judicial officers for purely selfish reason
or out of ill motive to score debating points.
As expected some judicial officers have awarded heavy costs
against these lawyers and put deadlines to pay the costs. Some of
the judgments also direct that these lawyers be referred to
appropriate disciplinary authorities for discipline.
“Some of our colleagues have come down heavily against the
decisions imposing these costs and directives that these lawyers be
reported to appreciate disciplinary authorities, on the ground that
the right to go to court to ventilate grievances is part of the
fundamental rights in our constitution. There is no doubt the
constitution guarantees right of access to our courts. There is
also no doubt that there is freedom guaranteed in our constitution.
But what I think is not guaranteed in the constitution is freedom
to escape consequences after wrong exercise of freedom.
In any case, I think freedom without restraint and
responsibility is dangerous. The powers to punish litigants and
lawyers for frivolous processes filed vide costs and other
appropriate recommendations and directives are parts and parcel of
the compendium of judicial powers under section 6(6) (b) of the
1999 constitution of the Federal Republic of Nigeria as amended.
Whoever has unrestrained liberty will abuse it,” he said.
Speaking further, he said that he does not with respect agree
that some of these decisions are targeted at curtailing the
exercise of freedom and access to approach courts, stressing that
some of these decisions are intended to instill in us, as lawyers,
the need to scrutinize very well processes we filed and to avoid
filing processes that are down outrageous and outrightly frivolous
and an abuse of process.
“Some of these decisions are intended to instill in us as
lawyers the need to scrutinize very well processes we filed and to
avoid filing processes that are down outrageous and outrightly
frivolous and an abuse of process. As lawyers our duty to justice
and the courts before which we appear is more than the duty we owe
our clients and our pockets.
“The rules of professional conduct enjoy us to exercise
restraint and caution while acting as counsel. When we throw
caution to the wind and file outrageous and outrightly incompetent
and frivolous processes we must expect the consequences that flow,
therefore.
Therefore with respect, I beg to differ from the views held by
some of our eminent colleagues that imposition of costs on those
who filed processes that are adjudged frivolous is unnecessary
interference with freedom and access to courts of justice. There is
no freedom without restraints,” he added.