*Calls Benue Court Invasion, Judges’ Hostage Crisis ‘Democratic Barbarism’
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Renowned Senior Advocate of Nigeria (SAN), Jibrin Samuel Okutepa, has strongly condemned the recent actions of the Benue State House of Assembly and the state government, calling them a blatant violation of constitutional processes. Okutepa expressed his deep concerns over the audacity of illegality unfolding in Benue State, insisting that it must be resisted and not tolerated by any legal practitioner.
“How can the Benue State House of Assembly purport to remove the Chief Judge of Benue State in the manner it claimed it did? Are there no lawyers in that house? Did the House seek legal advice? Who advised the House that it has the power to remove the CJ in the manner it did?” Okutepa questioned, urging that due process be followed.
The senior advocate also slammed the Benue State government for allowing thugs to invade the judiciary, holding judges hostage. He described the act as “totally unconstitutional, sacrilegious, and uncivilized.” He further called it “democratic barbarism,” adding that no civilized society tolerates such acts of self-help. “I condemned it wholeheartedly,” he stated.
Okutepa went on to emphasize that whatever the offense of the Honorable CJ of Benue State may be, he cannot be treated shabbily without due process. “Let those engineering the House of Assembly be told that Nigeria is not a state ruled by despots,” he said.
He highlighted that Nigeria professes to be governed by the rule of law, and in such a system, shortcuts in circumvention of legality are not allowed. “No CJ can be removed without the input of the NJC. Let Benue State House of Assembly be told clearly: There is no substitute for due processes in the removal of the Hon. CJ of Benue, or any CJ for that matter. No state House of Assembly is law unto itself,” Okutepa affirmed.
He further stressed the importance of the separation of powers within the Nigerian state, stating that the processes of removing a CJ or any judicial officer have already been settled by the Supreme Court. “The House of Assembly of Benue State is bound to enforce and follow the decision of the Supreme Court in Habib Elelu vs Attorney-General of the Federation. There can be no shortcuts to those procedures. The Benue State House of Assembly must follow due processes,” Okutepa said.
The senior advocate condemned the use of thugs and thuggery to intimidate and harass judges and judicial officers. “Thugs and thuggery to intimidate and harass judges and judicial officers are not parts of the processes. The Assembly must take their grievances to NJC. NJC will decide one way or the other,” he explained. Okutepa further emphasized that even if the offenses of the CJ were manifestly obvious, it would not substitute for due process. “It is the responsibility of the NJC to hear allegations against him. Until that is done, let no one delude himself. Ikpambese CJ remains the CJ, and no judge can take his position. That is the law. And we must respect that law.”
Finally, Okutepa called for the restoration of the nobility of the legal profession and the judiciary, stating that the disrespect shown to the judicial institution is a result of how the legal profession has allowed certain individuals, who have no respect for due processes, to rise to power. “Time has come for the legal profession and the judiciary to restore the nobility of the legal profession. The disregard and disrespect shown to judicial institutions are a function of how the legal profession has set some principles that installed some persons who have no respect for due processes,” he asserted.
He concluded by urging the judiciary to stand firm in defending the law, saying, “Time has come for the judiciary not only to bark but must bite with sound jurisprudence that instills political discipline in the otherwise insane political rascality in the journey to political offices in Nigeria. For me, no one can dare a snake by playing with the mouth. I say no more. Let those who have ears hear what I have been saying. We must respect ourselves to earn respect from others.”
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