When Judges Defy the Court Above Them and Lawyers Who Enable Them
Dr Eyimofe Atake condemns judicial defiance of appellate orders and the enabling role of lawyers, urging institutional accountability.Summary
Dr Eyimofe Atake, SAN, examines the recent proceedings in Justice Peter Lifu’s court regarding the deregistration of political parties, despite a Court of Appeal order staying proceedings. The article argues that when a Judge deliberately flouts the obligation to obey the court above him, he strikes at the rule of law, and that such conduct is often enabled by Lawyers who provide the processes and arguments to facilitate the error. The author states that "judicial rascality" is the gravest form of misconduct, rendering a Judge unfit for the Bench, and that the Supreme Court has characterized such defiance as void. The piece emphasizes that judicial independence does not confer a license to disregard a superior court's order. It further asserts that Lawyers, particularly Senior Advocates of Nigeria, who urge a Judge to proceed in defiance of a stay order are co-authors of this misconduct and must be held accountable by professional disciplinary bodies. The article concludes by calling for the National Judicial Council and the Legal Practitioners Disciplinary Committee to exercise greater resolve in disciplining errant Judges and Lawyers, respectively, to restore the constitutional order.
(Source：Thisdaylive)
