Disobedience Of Court Orders: Judiciary, NBA Must Extricate Its From Slavery- JS Okutepa SAN

* Says Nigeria Is About The Only Country Where Orders of
Courts Are Subjected To The Whims And Caprice Of The Power That
Be

The judiciary and the legal profession must be ready to
extricate itself from the slavery and servitude it is being put
into in Nigeria, says a Senior Advocate of Nigeria, JS Okutepa.

The learned Silk made this statement on Friday while reacting to
the alarming rate at which court orders are being disobeyed in the
country.

According to him, it has become a culture in Nigeria where the
rule of law are being disparaged now and then and the Judiciary
fold its hands and watch their efforts taken for granted.

“It appears to me that Nigeria is about the only country where
orders of courts are subjected to the whims and caprice of the
power that be. Court orders are not obeyed by those who are ordered
to obey it. It has become the norms in Nigeria. 

“Even the orders of the apex court, the Supreme Court are in
most cases treated with disrespect and not obey.

In all these the courts and even the Supreme Court are helpless.
Those disobeying court orders go back to courts to use them as
conduits to remain in disobedience to court orders.

“Instead of courts being angry that the orders of courts are
being disobeyed some of these courts still entertain cases that
enable those in disobedience to remain in disobedience. 

“I cannot say that we have an independent judiciary in this
country.

Judges are not allowed to do their jobs independently.

Some judicial officers too seem not to want independent for
themselves. Some seem to prefer Nicodemus visitations in total
pollution of the stream of justice.,” he said.

He further stated that justice in such situations is rationed
and auctioned. Justice is then not in its purest form delivered.It
is delivered as bargained and priced.

“Independent judicial officers and judiciary is a sine qua non
for the growth of the rule of law and democracy in any country.

Speaking at the swearing-in of 38 new senior Advocates of
Nigeria on 23rd of September 2019, at the Supreme Court of Nigeria,
the Hon the Chief Justice Nigeria lamented the non-independence of
the judiciary in Nigeria.

“Judges still go cap in hands for funds and money for projects
meant for the judiciary. When orders of courts are given some
states Attorneys General frustrate its enforcement and
execution.

“The leadership of the profession has not done what it ought to
do as lawyers to help the independent of the judiciary.

The legal profession to whom the judicial arm of government
exclusively belongs must come together to fight for judicial
independence.

“The leadership of the legal profession must do something to
save the legal profession from extinction.

“The judiciary must not be allowed to just bark without biting.
In a situation where funds due to judiciary are not giving to them
must not be further tolerated. Disobedience to court orders must be
resisted by the leaders of the profession. 

He said that the time has come when the leadership of the legal
profession must examine the dire consequences of disobedience to
court orders and save the profession from the current embarrassing
situation.

“Bar and Bench must come together to fight for the true
independence of the judiciary and the legal profession.

“In doing so the leadership of the profession must themselves be
above board,” he said