#KogiJudicialAppts: We Are Not ‘Busybodies’, But Sincere Advocates for Judiciary’s Welfare — Okutepa SAN; Technicalities Sabotage Justice

A Senior Advocate of Nigeria (SAN), Okutepa, has expressed his disappointment and concern over the recent dismissal of a suit filed by seven SANs challenging the proposed appointments of judicial officers in Kogi State.

The suit, filed in the Federal High Court in Abuja, was dismissed on the grounds that the plaintiffs lacked locus standi and were deemed “busybodies” by the court.

The SANs had raised concerns about the lopsided nature of the proposed appointments and the lack of infrastructure to support them, given the poor condition of the state’s judiciary. Despite their privileged positions and the genuine nature of their concerns, the court dismissed the suit on technical grounds.

Okutepa, who was among the seven SANs who filed the suit, stated, “Given our vantage positions and the privilege we enjoyed under the law, we had thought that we would at least be heard by the relevant authorities and a reply given to our protest letter. Nothing of such was done.”

The court formulated two issues for determination: whether the court had jurisdiction to determine the suit and whether the plaintiffs were entitled to the reliefs sought. The court resolved these issues against the plaintiffs, citing their failure to demonstrate infringement of their rights and establish interest in the matter.

Furthermore, the court held that even if the plaintiffs had locus standi, their reliefs would have been dismissed on the grounds of failure to exhaust administrative remedies and procedural omissions. The court also noted that under Section 271 of the 1999 Constitution, the National Judicial Council (NJC) has discretion in judges’ appointments.

Okutepa expressed his disbelief at the court’s decision, stating, “The dismissal of this case is as unfortunate and unfair as the fact that the court closed its eyes to obvious truth on the arid legal technicalities in sabotage of a just cause.” He questioned the sense of justice in the courts, emphasizing that justice should be rooted in truth and not legal technicalities that fail to acknowledge the truth.

The SAN also highlighted the poor state of the judiciary in Kogi State, noting that the court itself had lamented the dilapidation of the courts in the state during the proceedings. He argued that the court’s decision to ignore the obvious truth and the plaintiffs’ sincere efforts to uphold the Constitution and the welfare of the judiciary is an abuse of judicial knowledge and language.

Okutepa maintained that no legal practitioner should be considered a meddlesome interloper for fighting for the interests of the legal profession and the administration of justice. He believes that the dismissal of the suit has laid the foundation for the destruction of the judiciary and that posterity will judge those responsible for undermining justice in Nigeria.

The SAN concluded by stating, “For me and the rest of us, we are not busybodies. We are reasonable legal practitioners with sincere concerns for the welfare and interests of the judiciary and judicial officers, both serving, retiring, retired, and those yet to be appointed. The suit we filed was in furtherance of our concerns for the good of the judiciary and our fidelity to the oaths we took both when we became lawyers and as Senior Advocates of Nigeria.”