Prominent legal practitioner and Senior Advocate of Nigeria (SAN), J. S. Okutepa, has strongly criticized attempts to justify the involvement of Nigerian judicial officers in politically tinged activities, referencing the recent defense by an aide to Nyesom Wike, Minister of the Federal Capital Territory, of the Court President’s role in a golf club.
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The aide had cited the U.S. Supreme Court’s conservative-liberal divide, mirrored in Nigeria’s APC-PDP political landscape, as a basis for the Court President’s actions. Okutepa, speaking on Monday, dismissed such comparisons as “short-sighted” and “myopic audacity of arrogance,” insisting that Nigerian judges are bound by a distinct code of conduct that forbids political affiliations.
“The Nigeria judiciary that I know has codes of conduct for judicial officers. Nigerian judges are not supposed to be politicians and are not allowed to be members of any political party. They are to be far from politics and political parties in whatever form,” Okutepa stated. He emphasized that the judiciary’s integrity hinges on public confidence, which is eroded when judicial officers engage in activities that suggest impropriety or political leanings.
Quoting the Code of Conduct for Judicial Officers, Okutepa highlighted that judges must “avoid impropriety and the appearance of impropriety in all of the Judge’s activities both in professional and private life.” He stressed that judicial officers are expected to maintain a high standard of conduct, avoiding social relationships that could cast doubt on their impartiality or lead to speculation of favoritism. “Propriety and the appearance of propriety, both professional and personal, are essential elements of a Judge’s life,” he remarked, citing a writer’s observation that judges must constantly consider how their actions appear to the public.
Okutepa argued that comparing Nigerian judges to their American counterparts, who often exhibit ideological leanings, is fundamentally flawed. “Americans are Americans. Nigerians are Nigerians. Theirs are not ours, and ours are not theirs,” he asserted, echoing the late Justice Niki Tobi, JSC. In a passionate appeal, he referenced Tobi’s words: “I see from Exhibit EP2/34 the need for Nigerian Judges to maintain a very big distance from politics and politicians. Our Constitution forbids any mingling. As Judges, we must obey the Constitution.”
Drawing a sharp contrast between the professions of politics and judgeship, Okutepa noted, “Bias is the trademark of politicians. Non-bias is the trademark of the Judge.” He warned that any convergence of the two risks undermining democracy, with justice and the rule of law as the ultimate casualties. “While it gives the political class joy to be seen with judicial officers, judicial officers must resist such tendencies and temptations,” he cautioned, adding that such associations “destroy the confidence in justice.”
Okutepa rejected the notion that Nigerian judges should emulate American judges, who are often elected and operate within a politically charged system. “In America, judges are elected. In Nigeria, judges are not elected but appointed based on the need to avoid partisan partiality,” he explained. He urged judicial officers to uphold their unique role as impartial arbiters, free from the ideological battles that characterize politics.
Quoting Justice Niki Tobi further, Okutepa concluded: “Let no Judge flirt with politicians in the performance of their constitutional adjudicatory functions… Their waters never meet in the same way Rivers Niger and Benue meet at the confluence near Lokoja. If they meet, the victim will be DEMOCRACY most of the time.” He called on judicial officers to resist external pressures and preserve the sanctity of Nigeria’s judiciary, warning that any compromise could lead to irreparable damage to public trust in the institution.
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