*Says “Once Judiciary Is Destroyed, Hopes of Nigerians Are Destroyed Forever”
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
Prominent Nigerian lawyer Jibrin Samuel Okutepa SAN has issued a scathing indictment of the country’s political class, accusing the majority of politicians of being “democratic despots and terrors” who are systematically dismantling the foundations of democracy. In a strongly worded statement released on Sunday, Okutepa lamented the erosion of key institutions, particularly the judiciary, and urged courts to resist pressures that could further undermine the rule of law.
Okutepa, a vocal critic of political excesses, expressed deep concern over what he described as the “reckless use of judicial institutions to kill democracy” through the pursuit of rights not recognized by law. “Majority of Nigerian politicians are not democrats. They are majorly democratic despots and terrors,” he declared. “They have destroyed every institution of democracy including the rule of law and judicial institution. The destruction of these vital democratic institutions is worrying me as a lawyer. I am worried that we are watching the reckless use of judicial institution to kill democracy in the exercise of rights that are not recognised by law.”
The lawyer emphasized that Nigeria’s legal framework clearly delineates what constitutes justiciable political disputes. He referenced the Nigerian Constitution of 1999 (as amended) and the Electoral Act of 2022, which outline specific provisions for pre-election matters. “There is no dispute that the Nigerian Constitution 1999 as amended and the Electoral Act 2022 have set out the types of political disputes that are justiciable in the Nigerian Courts,” Okutepa stated. He called on courts of first instance to “wake up not to be used to destroy democracy no matter the level of temptations.”
Delving into specifics, Okutepa highlighted Section 84(14) of the Electoral Act, 2022, which allows an aspirant who has complained about non-compliance with the Act or party guidelines in candidate selection or nomination to seek redress in the Federal High Court. He clarified a critical distinction: “Those who purchased forms to contest political posts are not aspirants within the meaning of the law. Nigerian lawyers and judges know this and nobody should claim ignorant of this.”
He further cited Section 29(5) of the same Act, which permits an aspirant who participated in party primaries to challenge false information provided by a party’s candidate if they have reasonable grounds to believe it is inaccurate. Under the Constitution, Section 285(14) recognizes three types of pre-election matters: (1) non-compliance with the Electoral Act or party guidelines in conducting primaries; (2) improper nomination of a candidate by a party; and (3) disputes over a candidate’s eligibility.
Okutepa stressed that selections for party posts outside these pre-election matters are “generally considered non-justiciable,” meaning courts “should not and must not interfere with internal party affairs.” He reiterated that judicial intervention is strictly limited to the aforementioned provisions. “In Nigeria, selections of candidates for party posts outside pre-election matters are generally considered non-justiciable,” he said. “The Constitution of Nigeria 1999 as amended and Electoral Act 2022 limit judicial intervention to specific pre-election matters. See Section 285(14) of the Constitution and Sections 29(5) and 84(14) of the Electoral Act.”
Drawing on judicial precedent, Okutepa invoked numerous Supreme Court rulings that have repeatedly warned lower courts against entertaining disputes over internal party elections or selections, deeming them non-justiciable. He pointed to the landmark case of Dalhatu v. Turaki as a prime example, where the apex court rebuked a trial judge for disregarding stare decisis, the doctrine of judicial precedent.
In a detailed excerpt from the Supreme Court’s judgment in that case, their lordships underscored the binding nature of its decisions: “This court is the highest and final court of appeal in Nigeria. Its decisions bind every court, authority or person in Nigeria. By the doctrine of stare decisis, the courts below are bound to follow the decisions of the Supreme Court. The doctrine is a sine qua non for certainty to the practice and application of law. A refusal, therefore, by a Judge of the court below to be bound by this court’s decision, is gross insubordination, and I dare say such a judicial officer is a misfit in the Judiciary.”
The court further lambasted the trial judge’s arrogance in suggesting the Supreme Court revisit its stance on internal party affairs, quoting: “I also with great respect call on the Supreme Court to re-amend its position on the internal affairs of political parties.” Justice Katsina-Alu, in agreement with colleagues, described this as “the height of judicial impertinence ever exhibited by a judge of a Court lower than the Supreme Court.” Another lordship added: “My general comment on the last sentence in the judgment of the learned trial judge is that it is rather daring and unfortunate. In my view it is a clear misconception of the well established principle of stare decisis in our judicial system.”
Okutepa continued with additional excerpts reinforcing the unassailable authority of higher court decisions: “The learned trial Judge refused to follow Onuoha. That was not all. He asked this court to re-amend its position in Onuoha. This is an extremely unfortunate situation. Apart from the fact that it attempts to destroy the well settled principles of stare decisis, this court is invited to abandon its own correct decision to follow a wrong decision of a trial Judge. This is very serious. On my part, I will not obey him. He is wrong in his judgment and this court is correct in Onuoha.”
He affirmed that the doctrine of stare decisis is “not alien to our jurisprudence” and must be “strictly adhered to by all lower courts.” Lower courts may depart from their own erroneous decisions but are bound by higher courts, even if those decisions were flawed, as established in cases like Emerah & Sons Ltd v. Attorney-General Plateau State (1990) and Global Trans Oceanico S.A. v. Free Ent. (Nig) Ltd (2001).
In Nigerian courts, internal party matters, such as selections for party posts, are deemed non-justiciable unless they directly affect electoral processes or violate constitutional or electoral provisions during primaries. Crucially, only aspirants who participated in those primaries have the locus standi to sue, and only before courts with proper jurisdiction.
Okutepa expressed profound dismay at recent court orders that he views as “flying left, right and centre” in sabotage of democracy, particularly in cases lacking any party primaries. “One is completely at a loss at the kind of orders flying left, right and centre by Nigerian Courts in sabotage of democracy and the rule of law when from the facts, there are no parties primaries in all these cases,” he said. “The judiciary must not be ridiculed further. The sanctity of the judiciary must be preserved. Nigerian judiciary must not be completely destroyed. Once it is destroyed, the hopes of Nigerians are destroyed forever.”
He warned that democracy in Nigeria is “heading to a calamitous end given the despotic and thuggish approach to democracy by the majority of Nigerian politicians,” calling for urgent restraint to safeguard the nation’s democratic future.
Edited by Dr. Akin Olawale Oluwadayisi, Ph.D; ACIArb, FIPDM, Notary Public, Awi Boluwaji, and Olumide Awoyemi, LL.M, Price: ₦20,000 or $20 per copy
Order Your Copy Now:📧 Email: benakollegalclassics@gmail.com,📱 WhatsApp: 07038211889, 📞 Voice Call: 07065830466 | +2347038211889
______________________________________________________________________
“Timely And Groundbreaking” — Babalola, Nnawuchi Release Casebook On Privacy & Data Protection In Nigeria
A timely new publication, Casebook on Privacy & Data Protection in Nigeria, co-authored by Olumide Babalola and Uchenna Nnawuchi, 📘Casebook on Privacy & Data Protection in Nigeria is now available on Amazon: https://a.co/d/8TmFZrd
______________________________________________________________________
Alexander Payne Co. Law Reports
Contact & Orders 📞 0704 444 4777 | 0704 444 4999 | 0818 199 9888 🌐 www.alexandernigeria.com
______________________________________________________________________
The books are available for purchase at:
Online: www.educodex.com | www.selar.com | www.amazon.com | www.mikeozekhome.com
Enquiries: +234 704 044 9375 | +234 814 813 4773 | +234 816 872 3532
Email: educodexl@gmail.com
______________________________________________________________________
Explore Nigeria’s Constitutional System — 17 Chapters, 924 Pages Of Insight By Prof. Hagler Sunny Okorie
