*Says Litigation Hopeless With Current Court Trends Bar Must Intervene
*Flays Judgments Upholding Frauds, Cautions Against Anarchy
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Prominent Senior Advocate of Nigeria J. S. Okutepa has strongly criticized recent appeal court judgements regarding disputed elections, accusing the judiciary of erecting legal roadblocks that undermine credible polls.
In an explosive statement on Friday, Okutepa SAN argued that some baffling technical precedents established by the courts signify the demise of electoral justice in Nigeria.
He specifically cited the contentious judgements regarding witnesses’ testimony during election petition tribunal hearings. By ruling witnesses cannot testify if subpoenaed but not previously listed, the senior lawyer said the appeal courts deliberately set out to frustrate petitioners.
Okutepa maintained such glaring injustice portends grave danger for Nigeria’s democracy as it incentivizes polls malpractice. He further slammed declarations by appeal justices that INEC cannot be an adversary in petitions arising from elections it conducted.
Likening the current jurisprudence trends to judicial enablement of electoral fraud, the miffed SAN warned politicians will resort to violence during the 2027 polls since seeking redress in court has been rendered hopeless.
Okutepa said unless the Bar and Bench urgently arrest the drift evident in absurd technical dismissals of legitimate election grievances, Nigeria’s judiciary risks midwifing death of democracy through questionable, illogical judgements.
While admitting the responsibility of courts in resolving disputes for stability, he nevertheless accused appeal justices of unduly hiding behind procedures to deny electoral petitioners fair hearing.
Below is this full text statement
“As a lawyer, I have a burdened duty to defend the institution of judiciary in Nigeria. That duty I have always discharged to the best of my ability.
Judicial institution is an important and the most important arm of government. It has duties and responsibilities to decide all manners of disputes. It has to do so without fear or favour, affection or ill will.
In defending judicial institution, the judiciary must endeavor to earn the respect and trust of the people by the kind of decisions it gives. In recent times it has become increasingly difficult to defend some decisions in electoral jurisprudence.
Yes, let me say it again that it is difficult defending some judgments in recent times in our electoral jurisprudence. From some decisions, there is no need seeking electoral justice in Nigeria courts or Tribunals anymore.
Nothing you do that the Judicial system will not find faults with. The signs coming from our courts show that elections or selections in 2027 will be war. Yes war. Winning at all costs without regards to democratic tenets. But when the fruits of the seeds of injustice being planted in judgments by Nigerian courts in aid of electoral frauds in electoral jurisprudence germinate sooner or later, all those planting the seeds in judgments and members of the legal profession may not escape the calamitous end of our democracy.
No judge or lawyer can practice in the state of lawlessness and anarchy. That is it. There must be peace before judges can judge and before lawyers can do lawyers’ work. To hold that subpoenaed witnesses cannot testify in election petitions either orally or by written form is indeed a recipe for injustice, anarchy and destruction of Nigerian democracy.
To say or hold that INEC is not an adversary in election petitions but it is an independent umpire whose witness statement on oath must be filed along with the petition is a difficult proposition of law that defiles logical understanding.
There is no doubt the Constitution gives judiciary responsibility to resolve disputes. In the wisdom of the draftsman judiciary is an arbiter to resolve dispute for peace and progress of the nation. The judiciary as an institution that has a responsibility to aid justice cannot continue to mount judicial roadblocks for attaining that justice on the arid altar of technicality without thinking of the dire consequences on our nation.
Stolen evidence we are told is admissible. Electoral Act 2022 makes Evidence Act applicable in the hearing and determination of election petitions. Subpoena is one of the ways to get evidence and bring it before the Court under the Evidence Act in proof of the allegations in the petitions.
The provisions of the 1st schedule to the Electoral Act 2022 are a rule of procedure. It is not a substantive law. It cannot be used to defeat the end of justice. But that is what is going on now. The courts have suddenly become a slave to procedural law in total disdain for justice and common sense. What a country of absurdities/illogicality.
There is no need to seek justice in court as it appears hopeless to do so now. We are told to go to court. Court we go in search of electoral justice. In court, you meet principles that set concrete as roadblocks to justice.
INEC does not release documents before election petitions are filed. The law allows Petitioners to get orders for the inspection of electoral materials in other to institute, maintain and or defend petitions. These Tribunals are not constituted before elections are held. Days after the election, no Tribunal in place. Yet time to file petitions does not wait for judex to be constituted.
Justice is being slaughtered on the altar of undue legal technicality in our electoral jurisprudence by our courts and the judex are just behaving and playing the ostrich? The new dimension to this vexed question of subpoenaed witnesses is that INEC is said not to be an adversary anymore. INEC the Court of Appeal said is neutral and therefore not an adversary in election petitions.
Small small we are saying or doing goodbye to electoral litigations. Mighty are just right now. Do whatever you can to be declared the winner and become untouchable. Where are we heading to in Nigeria in electoral jurisprudence.
I do not think the judiciary is doing what is right in some judgments in electoral jurisprudence. We are heading to a bad destination in our electoral jurisprudence. God forbid that the legal profession is allowed to destroy democracy in Nigeria.”
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