Recent court orders restraining the Independent National Electoral Commission (INEC) from providing electoral materials to State Independent Electoral Commissions for local government elections are undermining Nigeria’s democracy and a Supreme Court judgment, according to a prominent lawyer Okutepa.
In a twweet , J. S. Okutepa, a Senior Advocate of Nigeria, expressed grave concern over the actions of some judges and political actors who appear to be disregarding the rule of law and judicial independence.
“It is sad that some Nigerian political actors are hell-bent on abusing judicial processes to satisfy their selfish personal interests,” Okutepa said. “It is even more worrisome that some members of the legal profession will also agree to engage in filing processes that have the potential to undermine the judgment of the Supreme Court.”
Okutepa’s comments come in the wake of a landmark Supreme Court judgment delivered on July 11, 2024, which affirmed the financial autonomy of Nigeria’s 774 local government councils. The seven-member panel, led by Justice Mohammed Garba, granted the reliefs sought in a suit brought by the Federal Government of Nigeria, aimed at reinforcing the independence of local governments across the country.
Despite this clear ruling, some judges have issued orders preventing INEC from providing the necessary materials for conducting local government elections. Okutepa argues that these orders are unconstitutional and undemocratic, as they go against the Supreme Court’s judgment and the provisions of Nigeria’s 1999 Constitution.
“Judgments of the Supreme Court, whether rightly or wrongly decided, cannot be questioned or ignored by all courts and persons in Nigeria,” Okutepa said, citing Section 287(1) of the Constitution, which states that Supreme Court decisions shall be enforced by all persons, authorities, and subordinate courts.
Okutepa called on the Chief Justice of Nigeria and the leadership of the legal profession to take urgent action to address this issue and “save the legal profession, the judiciary, and our democracy from the ridiculous orders from some of our courts.”
He warned that the international community is watching Nigeria and that the current situation is not healthy for good governance and economic development in the country.
The Federal Government of Nigeria and the judiciary have not yet responded to Okutepa’s statement. The situation remains fluid, with the potential to significantly impact Nigeria’s democratic processes and the rule of law.
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