Jibrin Okutepa, a Senior Advocate of Nigeria (SAN), has criticized the recent decision by the Federal High Court to stop the local government elections scheduled for Saturday in Rivers State.
On September 30, the court, presided over by Justice Peter Lifu, ruled against the Independent National Electoral Commission (INEC) providing the voter register to the Rivers State Independent Electoral Commission (RSIEC).
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The judge cited RSIEC’s failure to comply with its 2018 law regarding the voter register as the basis for halting the election.
In a statement shared on his verified X (formerly Twitter) account on Friday, Mr. Okutepa expressed disagreement with the court’s decision, highlighting the importance of judicial independence and warning against partisan rulings.
He stressed that judges must remain impartial and should base their decisions solely on legal facts rather than political influence.
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“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,” he said.
Okutepa further emphasized that judges must be able to make rulings free from external pressures or fears of retaliation, adding that this is essential for upholding the rule of law.
He also reminded the judiciary of their obligation to follow binding legal precedents, particularly referencing a Supreme Court judgment from July 11, which confirmed the financial autonomy of Nigeria’s 774 local governments.
This judgment also declared caretaker committees managing local governments unconstitutional.
Citing Section 1 of the 1999 Constitution, Okutepa noted that the Constitution is supreme and must be respected by all authorities and courts.
He added that Section 287(1) obligates lower courts to enforce Supreme Court decisions without question.
He expressed concern that some judges are still issuing orders that prevent INEC from providing electoral materials to state commissions, thus obstructing local elections despite the Supreme Court ruling in favor of local government autonomy.
Mr. Okutepa also pointed to the troubling influence of some politicians who, he argued, are using the judiciary to further their own interests at the expense of democracy.
He called on legal practitioners to stop filing cases that undermine Supreme Court judgments and criticized the growing number of conflicting court orders across the country.
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“The way court orders are flying from one court to another is, in my view, unhealthy for good governance and the economic development of this country,” Okutepa said, urging the legal profession to preserve the integrity of the judiciary and democracy.
He concluded by calling for an end to judicial practices that he believes sabotage democratic processes and the Supreme Court’s authority, warning that these actions could damage Nigeria’s governance and political stability.
