Chief J.S. Okutepa, a Senior Advocate of Nigeria (SAN), has emphasized that only the judiciary can liberate itself from the pressures exerted by litigants, some Nigerian lawyers, and even members of the power structure in the Nigerian state.
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Okutepa acknowledged that Nigerian judges are subjected to various forms of pressure from members of the executive, legislature, and even the judiciary itself.
Okutepa pointed out that some lawyers also subject judges to various pressures, while some judges allow themselves to be influenced, suggesting their willingness to do the bidding of those polluting the stream of justice for pecuniary and other unholy interests.
The senior advocate questioned why judges do not use their enormous powers to order the arrest of anyone attempting to influence the proceedings before them, given that they have orderlies and security agencies attached to them. He also asked why judges do not report lawyers and litigants who try to influence them to the appropriate authorities, and why they remain silent when influenced.
Okutepa stressed that judges in Nigeria need to free themselves from those who influence them to pervert justice, and that only they have the power to do so. He shared an interesting anecdote from the book “Law and Contemporary Nigeria: Deflections Dr Olu Onagoruwa,” published by Inspired Communications Ltd in 2004, which illustrates the integrity of Justice Taylor, a former Chief Justice.
In the story, Justice Taylor adjourned a court session for 10 minutes after recognizing a lady who had attempted to influence him in his chambers the previous week. The client confessed to her lawyer, and Justice Taylor, acknowledging his bias against the client, offered to transfer the case to another judge. However, the opposing counsel expressed confidence in Justice Taylor’s ability to deliver a fair judgment.
Okutepa questioned why current judges do not follow Justice Taylor’s example, as many hold onto case files even when allegations of bias are raised against them. He emphasized that once there is an appearance of impropriety, a judge should recuse himself. The senior advocate also called for sanctions against lawyers who falsely make allegations of bias or impropriety against judges.
In conclusion, Okutepa reiterated that the judiciary must take responsibility for freeing itself from undue pressures and return to the golden era of purity in practice.
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