Give Undiluted Justice, Reform Electoral Laws — Okutepa SAN Tasks New Supreme Court Justices

A senior advocate of Nigeria, Otumba Olumofin Okutepa, has urged the 11 newly appointed Supreme Court justices to help restore confidence in Nigeria’s judiciary by reforming principles that undermine credible elections.

In a statement on Thursday, Okutepa congratulated the new apex court jurists on their confirmation by the Senate. He expressed hope that they would deliver “undiluted justice” and speak out clearly against disrespect for rule of law by politicians.

The senior lawyer stressed that no society can develop in an environment devoid of justice, law and order. He called on the incoming Supreme Court justices to review questionable doctrines like “demonstration of documents calling of polling units by polling units agents” which hamper justice in election cases.

Okutepa argued that while technology should be incorporated to solve electoral fraud, some age-old principles of law have become obstacles to credible polls. He urged the Supreme Court under new leadership to revisit these principles which give politicians an incentive to subvert elections.

The senior advocate concluded by charging the new apex court bench to interpret the constitution in a way that serves public interest rather than impose outcomes the people have rejected.

Read the entire statement below.

Today the Senate of the Federal Republic of Nigeria pursuant to the provision of section 231(2) of the 1999 Constitution confirmed the appointment of eleven justices of the Supreme Court of Nigeria. Of these eleven eminent jurists, three are women. This is the first time we have such large numbers of justices of the apex court being appointed at once.

Let me join millions of other Nigerians to congratulate their lordships for being found worthy to be nominated, recommended appointed and confirmed as justices of the Supreme Court of Nigeria at the time that Nigerians, men and women of goodwill, seem to have lost confidence in the justice delivery system of Nigeria.

No doubt, their lordships have reached the pinnacle of their judicial careers. Nigerians and other men of goodwill and consciences expect nothing from the Supreme Court other than undiluted justice as their lordships join the Supreme Court Bench. I have consistently advocated for undiluted justice in judgements where parties and personalities played no role. My passion and zeal for undiluted justice in our courts and respect for law and order is informed by the fact that without justice and respect for law and order no society can develop.There cannot be development in the jungle.There cannot be peace where: “The law is given so that the rich and the powerful can remain lawless, above the law, and punish the poor”.

That is why as their lordships joint the Supreme Court Bench they must speak out clearly in judgements and to the power that be too that the era of political rascality and electoral lawlessness is past. The era where courts are treated with disdain is over.There cannot be development where court orders are not obeyed.There cannot be development where the judiciary is silenced or judicial timidity is infused in judicial officers. There cannot be development where the judiciary set road blocks for justice through impossible principles set thereby.

In countries that are developed judiciary is an equal partner in governance and no other arm of government acts in sabotage of judicial arm.

As a people we must do all we can to give justice to Nigeria and Nigerians no matter what. We cannot develop where there is tyranny in either of the three branches of government. Where governmental affairs are conducted at the whims and caprice of the power that be or judgments are delivered devoid of justice anarchy takes over.

No society can develop in anarchy and chaos. I urge their lordships to find and give justice to our people if we hope to develop as a nation.

If we keep acting as if we are still in stone age, we shall be left behind by the developed countries who daily show respect for the rule of law, law and order and due process. This is my plea and appeal to the eleven justices just confirmed by the senate and other justices on the Bench of the Supreme Court.

Until we resolved as a people to give justice to our people in courts we shall continue to have judgments devoid of justice in courts.

The hygiene of justice is polluted by so many factors. The beneficiaries of these factors take maximum advantage of pollution to the prejudice of undiluted justice. Due to these pollutions many in public offices engage in extraordinary misconduct and no institutions can hold them accountable.

Even the institution that has constitutional duty to hold those who breached our laws accountable is in a deliberate dilemma of decisions and always play safe for its own safety. How on earth do you expect eye witnesses to infractions of our electoral processes in the face of gunshots and bombing electoral malfeasance to come forward to testify to electoral frauds in his or her polling units. That is why I think with the additional even justices to the Supreme Court Bench, the Supreme Court should think soberly and reflect futuristically and save Nigerian democracy by look more in the direction of technology to solve electoral frauds permeating and destroying our democracy.

There is a need for the Supreme Court to take a critical and urgent look at some principles in our electoral jurisprudence.The principles we set are not attainable within human limits. We must either go for democracy or we engage in selectocracy based on force and not performance.There is no need deceiving ourselves. We want democracy but we are not ready to follow and imbibe the correct attributes of democracy.

There is no doubt that some principles in our electoral justice seem to have blocked attainments of electoral justice in courts. Principles like demonstration of documents calling of polling units by polling units agents and such other obstacles in proving electoral malfeasances have all led to castration of democracy in our land. When judicial officers know the truth and shy away from deciding it and hide under the doctrine of sui generics seeds of anarchy are shown.

As their lordships join the Supreme Court, i urge the Supreme Court to be attentive to Nigerians and give judgements that restore confidence in the judiciary and judicial processes.After all the constitution does not interpret the courts. It is the courts that interpret the constitution. The people made the constitution and the constitution does not make the people. Let our courts interpret the constitution to serve the interest of the people and not to suffer the people or impose on the people what the people have rejected.

As his lordships Obaseki JSC as he then was said “Laws are made for men and not men for laws.The administration of justice involves the administration of the purest principles of law among men for the good of men in its fairest conception. Man is fallible, so are the thought of man. This fallible nature of man demands that whenever the errors of thoughts and thought processes surface and are exposed and brought to the attention of it’s authors, there should be power of jurisdiction to depart from the errors and tread the correct path. See Odi vs Osafile (1985) 1 NWLR (Pt. I) 17 at 34, Para. G. In conclusion I congratulate their lordships as they set to join the Supreme Court.