Nigerian Brand of Democracy Too Complex to Understand Says Okutepa (SAN)

It was a day many speakers scored Nigeria’s democracy low but a legal luminary and Senior Advocate of Nigeria (SAN), Chief Jibrin Samuel Okutepa as the keynote Speaker, on Thursday X-rayed the nation’s judiciary and gave a damning verdict: “True democracy is far from Nigeria. The news making rounds in our elections since the advent of civilian rule in most cases is worrisome and frightening, to say the least. Nigerian brand of democracy is too complex to understand”.

He was delivering a Keynote address at the first Inter-Party Advisory Council (IPAC) Roundtable held in Abuja with the theme: “The Role of the Judiciary in Nigeria’s Democratic Sustainability”, He lamented further that:” the brand of democracy most of our political actors loved and practiced is government of the selected by the selected for the selected. Democracy in the true sense of government of the people by the people for the people is far from Nigeria. Political leaders and moneybags have played very dangerous and undermining roles in our democratic journey so far”.

He noted that the judiciary institution that must hold politicians accountable appears to have been unable to do so for reasons not far from Nigerian factors stressing that: ” It is sad and terrible that the brand of democracy in Nigeria is by getting power through the barrel of the guns and thuggery and punish people by looting and bragging as saint but worse than Satan in actions and decisions. That is the Nigerian brand of democracy. Nothing is done decently”.

According to him, the future is bleak for democracy and electoral jurisprudence in Nigeria adding that: “Nigerian democracy may head to a disastrous end unless the judiciary and legal profession retrace their steps in the kind of judgments being delivered in electoral matters by the Nigerian judiciary. I am not a prophet of doom, but truth needs to be told”.

Also, the legal profession seems to be losing its rightful place in Nigerian society. His reason: “In those days when judges of immaculate character and courage manned the judiciary in Nigeria, there was consistency in judicial precedents. High courts were bound by their previous decisions. The Court of Appeal was bound by its previous decisions unless there were reasons to depart from it. In departing their lordships will give convincing reasons. The Supreme Court was the alpha and omega of the judiciary and it gave sound decisions rooted in good and logical jurisprudence that produced justice in judgments. Its decisions bind all the courts below it and it’s bound by its own decisions unless overruled or departed from. It was not consistently inconsistent in decisions. Lawyers were sure that with the certainty of precedents of previous decisions, they could give legal advice and be sure their advice would be correct and almost accurate”.

He said the legal profession’s leadership at various levels is aware of these inconsistent judicial decisions, stressing that many of these inconsistent jurisprudence have created roadblocks to not only the attainment of justice but the certainty of precedents and democratic growth, sustainability, and development.

Pointedly he said: “Many precedents that are being set in our electoral jurisprudence are in aid of electoral rascality and these are not good attributes of democracy and democratic sustainability. I believe that gradually, there is no hope of getting justice in electoral jurisprudence by those who are robbed of victories at the polls either by thuggish approaches or by outright INEC collusion with those they are ordered to be declared in breach of the sovereignty of the people. That is what I can deduce from the kind of judgments and decisions being given by our courts, especially the final court of the land. You work so hard and cite decisions in similar cases, but by the stroke of the pen, your efforts, which are not properly appreciated, are dismissed with the waves of hands”.

Chief Okutepa lamented that many decisions of courts are at variance with legal logic and constitution and previous decisions of our courts, and queried: “What is the need for those declared losers of elections in Nigeria going to court when it is cleared that nothing presented in aid of proof of electoral fraud matters to the judex”.

He said many decisions of our courts in electoral matters have elevated rules of court far more superior and supreme to the extent now that in trials of election petition cases, roadblocks mixed with concrete made of iron rods have effectively been erected on the ways of proof of election petitions”.

He said the kind of electoral judgments from Nigerian courts which in most cases are devoid of justice have made many people lose hope in the potential good and purpose of justice and democracy in the Nigerian State.

“Any justice system that does not produce proportional fairness and quality justice to the vast majority of the people in the society cannot be described as justice. In any society where only, the few enjoyed arid and coloured quick justice dished out by those who are paid to give pure and undiluted justice cannot enjoy peace”, he said.

Chief Okutepa said the nation’s electoral jurisprudence needs to be looked deeply into by our judiciary stressing that the old orders and some archaic precedents and principles that put roadblocks to democratic growth and development must be departed from and a new set of rules to guide the political behaviours of our political class must be set.

Nigerian judiciary, according to him, must move from analog jurisprudence to digital jurisprudence where the use of technological devices to resolve electoral disputes, adding that no court worth its salts should approve barbaric conduct that produced winners of elections in democracy on the principle of substantial compliance that will continue to encourage brigandage and hooliganism as parts of Nigerian brand of democracy.

Speaking on the use of technicality in determining legal issues, Chief Okutepa said:” I think the legal profession and Nigerian lawyers and judges must be careful not to use technicality to destroy democracy in Nigeria. In any society, the judiciary is the most important arm of government. The judiciary is so important for the maintenance and sustenance of democracy. Where the judiciary and the legal profession abdicate their responsibilities on the altar of technicality, democracy will suffer shipwreck”.

Mr. FRA Onoja (SAN) commenting on the topic said the judiciary is under pressure because of the over-reliance on it and posited that the judiciary is stretched to a breaking point: “Over judicialisation of Nigerian politics could lead to the court being shut down. He recommended that Nigerians must enthrone a system that produces leaders without relying on the judiciary.

According to him, it should be legislated that political parties should have fixed arbitration panels and their decisions relied upon.

In his contribution, Dr. Sam. Amadi said if elections are conducted outside or contrary to rules, they should be canceled. ” Courts have a right to overrule political parties for not following the rules. I blame the judiciary. I blame INEC”.

Former governor of Kano state and Chairman of the ruling All Progressives Congress (APC) Alhaji Abdullahi Umar Gandoje said stakeholders must ensure judicial independence and pressure from external sources.
Alhaji Gandoje said what Nigerians need is institutional reforms instead of blaming institutions.

In his welcome address, Alhaji Yusuf Mamman Dantalle, National Chairman of the Inter-Party Advisory Council (IPAC) said the roundabout was organized in consonance with the vision of IPAC: “to consolidate and deepen democracy by ensuring an environment conducive for successful elections, political stability and peaceful electoral process in Nigeria.”

“Our decision to commence the Roundtable Series centered on the topic is because the Judiciary is the bastion and bulwark of the nation’s democracy. It is the stabilizing force and the last hope of all aggrieved people against opponents’ inclination, penchant, and propensity for injustice. The court is the Temple of Justice, its ministers are expected to be upright, men and women of integrity who will dispense justice no matter whose ox is gored. Priests in the temple of justice are expected to be patriotic, dispassionate, God-fearing, courageous, and fearless in the discharge of their constitutional duties, conscious of the fact that they sit in judgment over the affairs of fellow compatriots, and acting on behalf of God, who is the Judge of all. Like Caesar’s wife, they should live above board”, he said.

He, however, regretted that there seems to be anarchy and rebellion in the temple of justice – conflicting court orders/judgments by courts of coordinate jurisdiction as witnessed recently in Rivers and Kano State as well as the growing perceptions of a miscarriage of justice by some judgments delivered by Elections Petitions Tribunals and appeal courts which did not reflect the mandates of the people and led to mass actions in some States.

Alhaji Dantalle said the consequence of this development is the public lack of confidence in the administration of justice in Nigeria. It calls for urgent judicial reform to save the judiciary and restore its integrity and honor as the Temple of Justice and the last hope of all aggrieved people.

IPAC, he said it is concerned by these developments in the polity about the role of the Judiciary in the democratic process, and with a clear understanding of the critical role of IPAC as the incubator of leadership within the Executive and Legislative arms across the three tiers of government and to a large extent the Judiciary as it relates to appointment of Judges at all levels, the Council thought it was necessary to convene a roundtable discussion among relevant stakeholders to explore the judiciary’s role in consolidating democracy in Nigeria, identify challenges, and propose solutions to enhance the judiciary’s effectiveness and for democracy to thrive in Nigeria