Conflicting Exparte Orders: J.S Okutepa Commends NJC for Disciplinary Steps Against Erring Judicial Officers
A Senior Advocate of Nigeria, J.S Okutepa, has commended the National Judicial Council for sanctioning judicial officers who issued indiscriminate Exparte orders in favour of politicians across Nigeria recently.
The Learned Silk commended the NJC for the prompt investigation of the erring judicial officers and the actions that was taken.
He stated that even though the sanction do not commensurate with the public ridicule and pollution of justice that was brought upon the administration but the sanction is a right move in the right direction.
He lamented that lack of sanction has been a huge challenge we’ve been facing as a nation and with it, erring individuals would be cautioned.
He also opined that the legal profession must purge itself in order to achieve independence of the judiciary and that can only be done by going to the root of purity and not taking part in the practice of corruption.
This is what he has to say:
“News making rounds are that NJC has sanctioned some judicial officers who issued indiscriminate Ex-parte orders in favour of political class in some cases in and cross Nigeria recently.
The cheering news is that these judicial officers were promptly investigated by NJC and were found to have abused their judicial offices.
The news I read today is that NJC found that these judicial officers abused their judicial offices in the recently Ex-parte orders and / or forum shopping and sanctioned them. The sanctions from the news I read are that these judicial officers are not to be promoted for either two years or so and some handed warnings.
First, let me commend NJC for the prompt investigations and actions taken. That is how it should be. I hope the Bar will not sleep on the cases those of its members who filed the processes before these judicial officers.
Having said that I think with respect that these punishments to say the least, are not commensurate with the public ridicule and pollution of justice that the conduct of these judicial officers brought to the purity of administration of justice in Nigeria.
I have always held the view that one of the challenges we face as a nation is the absence of sanctions. For judicial officers found to have abused their judicial offices to be merely asked to remain in office and not to be promoted for two years is with respect not good punishments for those who sit in judgments over Nigerians. No judicial officer who engages in impropriety in the discharge of judicial office is fit to sit in that hallowed office of judex. NJC may need to think again on these punishments.
The legal profession must thoroughly purge itself if it must make headway in securing independence for the judiciary and for itself. The best way to do it is for the profession to go back to its root of purity and take no part in the practice of corruption.
It must not aid and abet those who desecrate the stream of justice by merely putting their promotions on hold for two years.
If we all agree to give independence to the judiciary, we can do it. We can do it if and only if we do not allow those who think that they can breach the constitution with impunity and nothing will happen. All that can happen is warning and suspension of the right of promotion. I think those who abuse their sacred and hallowed judicial office ought to be shown the way out. That is the only way the purity of justice will be restored.
That is the only the judiciary will earn its much desired respect. That is the only way the confidence will be restored in our judicial system. NJC needs to have a rethink on this matter.”
