SAN Cautions Judiciary against Over-dependent on Executive

Ibrahim Oyewale, Lokoja

A Senior Advocate of Nigeria (SAN), Jibrin Samuel Okutepa, has tasked the judiciary arm of government to as matter of urgency end it over- dependence on the executive arm of government “because it has been constitutionally empowered to declare, pronounce and sentence somebody to death, a power which even the president doesn’t possess.”

He urged the judiciary to take its power back and operate independently of other arms of government.

Okutepa, who disclosed this while speaking during the valedictory court session in honour of a retiring High Court Judge, Justice Yunusa Musa, at the premises of the Kogi State High Court in Lokoja last Monday, stated that everybody is equal before the law .

The legal luminary explained that section 84 of Sharing and Civil process Act seemed to have set Nigerian Government far above the judiciary, arguing that in monitoring of judgement for instance, one cannot enforce judgement against the government except through the Attorney-General.

“Is it possible to give a woman the authority to slap her husband? It is absolutely impossible! That is why I task the judiciary on the occasion of the retirement of his lordship, Justice Yunusa Musa, to take your power back to yourself,” he stressed.

Okutepa noted that under Section 6 sub Section 6 of the Constitution of Federal Republic of Nigeria, the execution of judgement is part of the compendium of judiciary.

According to him, “If you say our judiciary is independent, why should the judiciary go cap in hand to the Attorney General of a state or the federation to seek consent of the government to enforce judgement against the same government who is judgement debtor?

He pointed out that the judiciary needs to extricate itself from over dependence because it has been constitutionally empower to declare, pronounce and sentence some to death.