By Olawale Ibrahim, Lokoja
A Senior Advocate of Nigeria (SAN), Messr. Jibrin Samuel Okutepa has tasked the judiciary to as matter of urgency extricates itself from over-dependence on the executive.
According to him, the judiciary has been constitutionally empowered to declare, pronounce and sentence somebody to death and not even the presidency has such power.
He urged the judiciary to take it power back and operate independently as other arms of government.
Okutepa who disclosed this while speaking during the valedictory Court session in honour of a retiring High Court Judge, Justice Yunusa Musa at the premises of Kogi State High Court in Lokoja on Monday, stated that everybody is equal before the law.
The legal luminary explained that section 84 of Sharing and Civil process Act seemed to have set the Nigerian government far above the judiciary, arguing that in the monitoring of judgement for instance one can enforce the judgement against the government except through Attorney General.
“Is it possible to give a woman the authority to slap her husband? It is absolutely impossible. That is why I task the judiciary on the occasion of the retirement of the lordship, Justice Yunusa Musa to take your power back to yourself,” he stressed.
He noted that under Section 6 sub 6 section of the Constitution of the Federal Republic of Nigeria, stressing that execution of judgement is part of the compendium of Judiciary.
According to him, “if you say our judiciary is independent, why should the judiciary go cap in hand to Attorney general of a state or of the Federation to seek the consent of the government to enforce the judgement against the same government who is the judgement debtor.
He pointed out that the judiciary needs to extricate itself from over-dependence because it has been constitutionally empowered to declare, pronounce and sentence some to death.
Jibrin posited that is said to be the last hope of the common man, adding that to the contrary most common men could not get justice and justice is different from judgement.