The judiciary must assert and protect its independence- JS Okutepa SAN

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Judiciary must defend the sanctity of its orders if it wants to be respected by either the government or individuals.

Where judiciary dances round its orders and grant favourable orders and grant or give indulgence to those who treat its orders and judgments with disdain, then the coercive and the compendium of judicial powers to enforce its orders as set out under section 6 of the 1999 constitution as amended become impotent and largely not of any values to the beneficiaries of any order or judgments it gives. The judiciary must protect and defend its orders by avoiding dancing round issues under hybrid technical approach which sometimes seem too mechanical that is devoid of any utilitarian justice.
No one gets ìndependence on platter of gold. It is only the judiciary that can protect itself from contempt its orders are being held in this country. It is only the judiciary that can put an end to the taunting or impunity its orders are being treated by the power that be. Even in the military era the judiciary was firm in protecting itself from executive lawlessness.
You cannot be in disobedience of court orders and be given equitable indulgence.
While lawyers do their best to defend court orders and to enforce it, the judiciary must avoid any act or give any decision in sabotage of its orders.
That is the only way the judicial institutions can assume and command the much desire independence and respects which it badly needed in our society. When judicial decisions cannot be enforce or judicial decisions are not respected then it will be proper and not out of place for judiciary not only to wink at it but to be angry and demand obedience.

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The judiciary is the only one who can give itself independence by acting in defence of it’s orders not to aid parties in disobedience to remain comfortable in the room of disobedience.

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