Rivers LG elections: Bias court orders sabotaging democratic processes – SAN

Mr. Jibrin Okutepa, a Senior Advocate of Nigeria (SAN), has criticised the Federal High Court’s decision to halt the local government council elections in Rivers, scheduled for Saturday.

The court, on Sept. 30, barred the Independent National Electoral Commission (INEC) from releasing the Voters Register to the Rivers State Independent Electoral Commission (RSIEC).

It cited RSIEC’s non-compliance with its 2018 law concerning the voter register as a reason for the court’s decision to halt the elections.

In a statement via his verified X account on Friday, Okutepa expressed his disagreement with the court’s order, stressing the importance of judicial independence.

He emphasised that judges should remain impartial and free from political influence, making decisions solely based on facts and legal arguments.

“In any nation where the rule of law prevails, judges must be independent. They should not be seen as partisan or as tools for politicians.

“Judicial independence is the foundation of a fair and impartial justice system, ensuring judges can make lawful decisions without external pressure,” he explained.

Okutepa further stated that judges should be free to decide cases on their individual merits, without fear of retaliation or influence from powerful figures or the government.

He reminded judges that judges must adhere to binding judicial precedents, citing a landmark Supreme Court judgement delivered on July 11, affirming the financial autonomy of the nation’s 774 local government councils.

He noted that the case underscored the unconstitutionality and undemocratic nature of caretaker committees managing local governments.

“Section 1 of the 1999 Constitution makes the constitution supreme and binding on all persons and authorities, including Nigerian courts.

“Section 287(1) further stipulates that decisions of the Supreme Court must be enforced across Nigeria by all persons and courts with subordinate jurisdiction to that of the Supreme Court.

“Judgements of the Supreme Court, whether rightly or wrongly decided, cannot be questioned or ignored by any courts or individuals in Nigeria; they can only be criticised,” he stated.

Okutepa questioned why some judges continue to issue orders restraining INEC from releasing electoral materials to State Independent Electoral Commissions (SIEC), thereby obstructing local government elections despite ruling the Supreme Court ruling.

These materials, he noted, were essential for the conduct of democratic processes at the local government level.

The lawyer expressed dismay that certain politicians appeared determined to exploit the judicial system to serve their selfish interests, undermining democratic processes.

“It is even more worrisome that legal practitioners are complicit in filing processes that disregard the Supreme Court judgement on the local government autonomy.

“The way court orders are flying from one court to another is, in my view, unhealthy for the good governance and economic development of this country.

“The leadership of the legal profession must take action to preserve the integrity of the judiciary, the legal profession, and our democracy from the ridiculous orders from these courts,” he urged.

Okutepa concluded by asserting that these judicial orders are sabotaging the democratic processes and Supreme Court ruling, calling for such practice to be addressed and penalised to safeguard Nigeria’s democracy.