Posted by By ADESINA AIYEKOTI and MUYIWA ODU on
Determined to curb the penchance of the executive arm of government to disobey court orders, lawyers in the country, yesterday, vowed to begin nationwide boycott of courts starting from Monday, March 13.
Determined to curb the penchance of the executive arm of government to disobey court orders, lawyers in the country, yesterday, vowed to begin nationwide boycott of courts starting from Monday, March 13.
The protest boycott was announced at a press conference held in Lagos by the President Nigerian Bar Association (NBA), Prince Lanke Odogiyan. Ignoring the appeal by its immediate past president, Chief Bayo Ojo (SAN) who is the attorney-general of the federation and minister of justice, the NBA said the problem of disobedience of court orders, which was prevalent during the military dictatorship has "reared its ugly head under the present democratic dispensation.
"Unfortunately, rather than improve, the situation had become worse to the extent that the chief justice of Nigeria had to publicly complain against the trend. Despite the public outcry, there is now a pattern of disobedience to orders of court, which ridicules the law and elevates the whims and caprices of individuals above the law," Prince Odogiyan declared at the Alao Aka-Bashorun House secretariat of the NBA.
In 1988, the late Alao Aka-Bashorun administration in the NBA had called for and embarked on a three-day boycott of courts to protest the disobedience of court orders.
Citing several cases in which executive had shunned judicial pronouncements, the NBA president pointed out that the Independent National Electoral Commission formed the habit of deciding which court orders to obey.
"In the Hon. Dalong's case they refused to obey the order restraining the recall process, but have dutifully chosen to obey an order involving Senator Ibrahim Mantu, who himself had no respect for court orders", he said.
He insisted that the association does not recognise Mr Alao Akala as governor of Oyo State.
In a related development, former Supreme Court justice, Kayode Eso, has berated various government organisations for their usual character of disregard for judicial process, warning that such portends trouble in the country.
Apparently reacting to an impending nationwide protest action by legal practitioners against incessant disobedience of court orders by governments and their agencies, Justice Eso said it is highly unethical and an abuse of due process.
Eso who spoke to newsmen in Lagos yesterday submitted that apart from being a mockery of the judicial authorities, it is unprogressive, adding that it must be checked immediately.
According to him, when a court gives an order it must be obeyed.
He said: "There is bound to be trouble in the land when court decisions and orders are frequently disobeyed."
Eso who is also the chairman of the Lagos Multi-Door Court House, a first court-connected Alternative Dispute Resolution (ADR), said that when there is orderliness the nation moves forward, adding that anything contrary would bring about crisis.
The former judge also spoke on the contentious third term agenda, saying that President Olusegun Obasanjo should quit office at the expiration of his term in 2007.
He said constitutionally Obasanjo has had his fair share in paddling the affairs of the country and that there was no justification for him to stay beyond his tenure.
Eso said: "If I were Obasanjo I will not wait for a minute in office in May 2007. I think that is the best decision for him to take for peace to reign in the country."
Speaking on the current crisis in the Niger-Delta area, the retired Supreme Court Judge said that he did not believe in using force to resolve the crisis.
He, however, kicked against the idea of hostage taking being carried out by militants in the area.
Eso advised the federal government to look into the complaints as well as the causes of the problems and find a lasting solution to them.
Earlier, Justice Eso had announced plans to celebrate the 10th anniversary of the Lagos Multi-Door Court house. He said a grand plan of actions was being contemplated to mark the anniversary scheduled to hold between October and November, 2006.
Enumerating the functions of the LMDC, he said it was established to explore the theory, practice and understanding of negotiation, mediation and other alternative dispute resolution procedures.
Others functions, he said, include supplementing traditional litigation by designing, introducing and providing alliterative approaches to dispute resolution among others.