Senior Advocate of Nigeria, SAN, Jibrin Okutepa, has criticised the Federal High Court judgment ordering the deregistration of the African Democratic Congress, ADC, and other political parties, describing the development as a case of judicial insubordination.
Speaking on Arise Television’s Prime Time programme on Tuesday, Okutepa argued that lower courts are bound by law to obey and enforce decisions of higher courts, irrespective of whether they agree with such rulings.
According to him, the judgment appeared inconsistent with established judicial hierarchy and the principle that decisions of appellate courts are binding on lower courts.
The senior lawyer stressed that under Nigerian law, a High Court has a mandatory duty to comply with and enforce orders of the Court of Appeal without questioning their correctness.
He maintained that the rule of law requires strict adherence to judicial authority, noting that no individual or institution should challenge the decisions of a competent court.
Okutepa’s remarks followed Monday’s judgment by Justice Peter Odo Lifu of the Federal High Court, Abuja, directing the Independent National Electoral Commission, INEC, to deregister the ADC, Accord Party and three other political parties over alleged constitutional breaches.
“I don’t want to fall into temptation of the language that’s ringing bell on my head. But to borrow the language of their Lordships of Supreme Court, what happened appeared to be a problem of judicial insubordination, judicial impertinent.
“And it ought not to be so because under the law, the High Court is obligated mandatorily to obey and enforce the orders of the Court of Appeal without question; whether that order was rightly or wrongly given or whether the lordships in the estimation of the high court committed a grievous error of law.
“The duty under our law is for the lower court to kowtow, to bow in obedience to the order from the higher court.
“Where the rule of law holds sway, no one no matter what status, has the audacity of arrogance to question the authority of the court,” he said.
