*Says New Law Will Aid Perpetuity, Dictatorship By Heads of Courts
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Renowned Senior Advocate of Nigeria (SAN), J.S. Okutepa, has expressed concerns over the recent amendment to the Nigerian constitution that increases the compulsory retirement age for judicial officers of the country’s superior courts.
While some have welcomed the amendment as positive news for judicial officers, Okutepa believes that it will have far-reaching negative consequences on the mindset of both existing and aspiring members of the judiciary.
In a statement, Okutepa highlights the potential stagnation of judges at the trial courts, as well as the diminished chances for lawyers to be appointed to the bench due to limited vacancies. He also raises concerns about the increased powers of Chief Judges, who may now exert dominance over their colleagues on the bench, potentially creating an environment of hierarchical control.
Okutepa refers to a recent tweet where he voiced his apprehensions about the amendment, which garnered significant reaction from individuals within the judiciary. One response he received highlighted the personal and self-serving interests of the heads of courts behind the amendment, suggesting that it could lead to dictatorship, hinder career progression, and result in stagnation for trial judges and aspiring lawyers. The comment also emphasizes that without opportunities for retirement, there will be limited room for new entrants into the legal profession.
He said, Few days ago, I twitted on the danger of this amendment and a good number of people on the bench reacted. One of the reactions I got reads thus: “I was so impressed by your response to the new bill and I completely agree with your views. The bill was sponsored by the heads of courts for personal and selfish interests and this perpetual stay in office/power is a recipe for dictatorship, hindering career progression and ultimately lead to stagnation for trial judges and those aspiring to be judges as where there’s no exit then there can be no entry for the aspiring lawyers/magistrates. It is also counter productive as the demands of being a trial judge is more tedious than the appellate courts where there’s no full trial. If proper surveys were done and judicial officers heard properly before this amendments were done, it will have been apparent to the law makers that what judicial officers need in Nigeria is not an increase of retirement age”.
According to Okutepa, what the Nigerian judiciary truly needs is protection from interference, both political and otherwise, to carry out their judicial functions effectively. The unsatisfactory state of judicial facilities in Nigeria has hindered the delivery of quality justice, with many judicial officers silently suffering. Okutepa calls for respect towards judicial officers and urges the Nigerian government to comply with court orders and judgments.
In light of these concerns, Okutepa emphasizes the importance of revisiting the amendment to the retirement age of judicial officers. Without simultaneously addressing the pressing issues faced by the judiciary, such as modern infrastructure and non-interference, the amendment risks imposing further hardships on judicial officers.
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