Senior Advocate of Nigeria, SAN, Jibrin Okutepa, has criticized the Federal High Court judgment ordering the deregistration of the African Democratic Congress, ADC, and other political parties, describing the ruling as a case of judicial insubordination.
Speaking on Arise Television’s Prime Time programme on Tuesday, Okutepa argued that lower courts are legally bound to obey and enforce decisions of higher courts, regardless of whether they agree with such rulings.
According to him, the judgment appeared inconsistent with established judicial hierarchy and the long standing 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 obligation to comply with and enforce orders issued by the Court of Appeal without questioning their correctness.
He maintained that the rule of law requires strict adherence to judicial authority, emphasizing 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 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.
