***Condemns ‘chameleon advocacy’, delayed justice, warns NBA against professional collapse
Senior Advocate of Nigeria, Jibrin Okutepa, has delivered a blistering indictment of Nigeria’s legal profession, accusing some lawyers of helping to undermine justice, fuel impunity and deepen the country’s descent into what he described as “democratic dictatorship.”
Okutepa, while writing on his X-Handle expressed particular concern over the state of the Nigerian Bar Association and its recently concluded election, said lawyers could no longer pretend that the crisis of Nigeria’s democracy was solely the fault of politicians.
According to him, members of the legal profession occupy a strategic position in determining whether democracy, rule of law and justice survive in Nigeria.
“I have always believed that we, the members of the legal profession, hold the key to democratic growth and development,” he said.
The senior lawyer argued that the history of developed democracies showed that lawyers had played crucial roles in building institutions, defending citizens and strengthening the rule of law.
He, however, lamented that the Nigerian legal profession appeared to be losing its moral compass.
Okutepa challenged Nigerian lawyers, particularly practising counsel, to return to the foundational principles of the profession and stop allowing partisan interests to dictate how they conduct cases before courts and tribunals.
He warned that lawyers who deliberately distort issues, deploy contradictory arguments or seek to frustrate justice in pursuit of their clients’ interests could no longer claim to be genuine ministers in the temple of justice.
“We must be ready to assist the court, not based selfishly on primordial partisan interest to becloud the real issues in dispute,” he said.
Okutepa added, “When we as lawyers argue causes and matters in the chameleon’s manner to impose injustice and pervert the cause of justice and produce unjust decisions, we murdered justice and enthroned evil.”
He blamed such practices for contributing to the deterioration of Nigeria’s electoral jurisprudence, saying they had helped create an environment in which political actors could manipulate legal processes and escape accountability.
According to him, the judiciary must also be prepared to confront lawyers who deploy inconsistent arguments merely to frustrate the administration of justice.
He recalled the famous declaration of the late Justice Niki Tobi in Abubakar v. Yar’Adua, where the jurist stated that no human being could influence him in the performance of his judicial duties.
Okutepa then posed a question that he said should concern every Nigerian who believes in the independence of the judiciary.
“How many of our Judex today can boldly and confidently re-echo the above notable pronouncement?” he asked.
The SAN said lawyers had a duty to represent their clients but stressed that professional advocacy could not be reduced to misleading the court or deliberately obstructing justice.
“No one says lawyers should not do their jobs. But in doing so, no lawyer should act as a misleading minister in the temple of justice,” he said.
He also warned that growing public frustration with the legal system could eventually expose even ethical lawyers to the consequences of widespread public anger.
Okutepa urged the NBA to wake up and take decisive steps to restore public confidence in the profession before the situation deteriorates further.
“The professional Association of lawyers in Nigeria, NBA, must wake up and act decisively before Nigerians start stoning all Nigerian lawyers,” he warned.
He clarified that his warning was not a prediction of doom but a call for urgent self-examination within the profession.
“I am not an advocate of doom. But we need to watch the way we practise in Nigeria as lawyers,” he said.
The senior lawyer lamented that lawyers in advanced democracies were often regarded as defenders of liberty and beacons of justice, whereas the Nigerian profession increasingly appeared to be struggling under the weight of practices that undermine public confidence.
“In advanced countries, lawyers are the light that shine in darkness. But here it appears that darkness has overshadowed the purity of legal practice to the prejudice of justice,” he said.
Okutepa also took aim at lawyers who deliberately adopt what he called the “spoiler role” in adversarial proceedings, warning that justice becomes the casualty when counsel’s objective shifts from assisting the court to frustrating it.
“When lawyers are ready to play the spoiler role in adversarial system, then justice is doomed,” he declared.
He further raised concerns over Nigeria’s slow justice system, arguing that victims of wrongdoing are frequently left without timely remedies while those accused of wrongdoing exploit procedural delays.
“There is no immediate remedy for victims of wrongs in Nigeria,” he said.
According to him, the failure to deliver justice promptly has created fertile ground for corruption and impunity to flourish.
He warned that no country could achieve meaningful political or economic development where its justice system was weakened by delays, questionable decisions and practices that erode public confidence.
“No society can develop politically and economically when its justice system is polluted and contaminated with viruses of delay and judgments that defile the logic of justice,” he said.
Okutepa also expressed concern that some judicial pronouncements had raised questions about the independence and effectiveness of the judiciary.
For him, the battle to rescue Nigerian democracy cannot be left to politicians alone.
“An independent judiciary is the cornerstone of democratic growth and development,” he said, stressing that lawyers have an enormous responsibility to prevent the country from sliding deeper into democratic authoritarianism.
“The duty on Nigerian lawyers to prevent democratic dictatorship is heavy indeed,” he added.
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