Why there’s need to fight for the independence of the Judiciary (Opinion)

By JS Okutepa (SAN)

The judiciary and the legal profession must be ready to extricate itself from the slavery and servitude it is being put into in Nigeria.

It appears to me that Nigeria is about the only country where orders of courts are subjected to the whims and caprice of the power that be. Court orders are not obeyed by those who are ordered to obey it. It has become the norms in Nigeria.

Even the orders of the apex Court, the Supreme Court are in most cases treated with disrespect and not obey.
In all these the courts and even the Supreme Court are helpless. Those disobeying court orders go back to courts to use them as conduits to remain in disobedience to court orders.

Instead of courts being angry that the orders of courts are being disobeyed some of these courts still entertain cases that enable those in disobedience to remain in disobedience.

I cannot say that we have independent judiciary in this country. Judges are not allowed to do their jobs independently.
Some judicial officers too seem not to want independent for themselves. Some seem to prefer Nicodemus visitations in total pollution of the stream of justice. Justice in such situations is rationed and auctioned. Justice is then not in its purest form delivered. It is delivered as bargained and priced.
Independent judicial officers and judiciary is a sine qua non for the growth of the rule of law and democracy in any country.

Speaking at the swearing in of 38 new senior Advocates of Nigeria on 23rd of September 2019, at the Supreme Court of Nigeria, the Hon the Chief Justice Nigeria lamented the non-independence of the judiciary in Nigeria.
Judges still go cap in hands for funds and money for projects meant for the judiciary. When orders of courts are given some states Attorneys General frustrate its enforcement and execution.

The leadership of the profession has not done what it ought to do as lawyers to help the independent of the judiciary.
The legal profession to whom the judicial arm of government exclusively belong must come together to fight for judicial independence.
The leadership of the legal profession must do something to save the legal profession from extinction.

The judiciary must not be allowed to just bark without biting. In a situation where funds due to judiciary are not giving to them must not be further tolerated. Disobedience to court orders must be resisted by the leaders of the profession. Time has come when the leadership of the legal profession must examine the dire consequences of disobedience to court orders and save the profession from the current embarrassing situation.
Bar and Bench must come together to fight for the true independence of the judiciary and the legal profession.
In doing so the leadership of the profession must themselves be above board.