Senior Advocate of Nigeria, Jibrin Okutepa, SAN, has lamented the state of the Nigerian judiciary, saying that when a court wittingly or unwittingly aids the perpetration of injustice, the rule of law is doomed and public confidence is eroded in the adjudication processes.
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In a series of posts on his X (formerly Twitter) handle on Thursday, Okutepa decried the misuse of law by those in power to achieve vindictive ends against ordinary Nigerians.
Okutepa stated that an independent and vibrant judiciary committed to protecting the rights of the people is the antidote to oppression in any society.
“The antidote to oppression in any society is an independent and vibrant judiciary that is committed to protecting the rights of the people and balances the interests of the state and the orderliness in the society. It is the judiciary that has been entrusted to adjudicate over civil and criminal trials. It must be impartial in adjudications. That is the justice system that we need in Nigeria,” he said.
The senior advocate observed that certain categories of people enjoy impunity in Nigeria while others do not.
“It appears that big men and women with connections to the people in power are above the law in Nigeria. Two categories of people that are not above the law in Nigeria are the poor masses and those who have fallen out of favour with those in power and have no godfathers in government or those that stand in the ways of the powers that be in Nigeria,” Okutepa stated.
Okutepa condemned the weaponisation of law against vulnerable citizens.
“The most annoying thing is that law is being misused to achieve a personal vendetta and agenda against people who have nothing and nobody to help them. In Nigeria, it is possible to be locked up for years without immediate judicial remedies,” he said.
The senior lawyer said the misuse of law has eroded public confidence in institutions of justice.
“The misuse of law by those in power to achieve a vindictive end has eroded the confidence of the people in the neutrality of the security agencies and institutions of justice in Nigeria. In Nigeria being rich with unexplained wealth is an added advantage to be above the law.
“While in a truly democratic society where the rule of law holds sway everyone is equal before the law, in Nigeria it is not so. The lawlessness in Nigeria is appalling. Those who are supposed to lead by examples are the greatest violators of the law,” Okutepa stated.
Okutepa accused institutions of justice of being loyal to those in power rather than the law and the constitution.
“The loyalty of our institutions of justice is to the people in power and not to the law and the constitution. In most cases oppressions and vindictiveness are activated by unlawful use of law to achieve a predetermined unjustified outcomes.
“The worst is that most criminal activities of political touts and thugs are at the behest and active support of those who have duties and responsibilities to prosecute those touts and thugs. Insincerity and corruption are tools of trade of those who have duty to be sincere and accountable,” he said.
The senior advocate painted a grim picture of the current state of governance.
“Nigerians are just at the mercies of those in power. That is the sad reality on the ground. Governance has been bastardised due primarily to selfish interests and wickedness against the welfare and interests of the people. Nigerians have been traumatised in governance.
“Today you hardly can see good health care facilities. Employments in most cases are sold or have been politicised. Recruitment processes have been contaminated by very dirty practices,” Okutepa lamented.
Okutepa concluded with a call for good governance rooted in humanity.
“It appears those who have ideas of good governance are not allowed to be in power. Until we stop selfish interests in government and pursue good governance rooted in humanity, the growth of Nigeria will be a mirage.
“Those who have the responsibility to apply laws in the most humane and just manner always abuse their powers. We have lawlessness everywhere. We need to use law for just cause not for unjust cause,” he stated.
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