JUDICIARY MUST REMAIN UPRIGHT, INDEPENDENT, FREE AND FEARLESS SAYS OPLM

Condemned flagrant disobedience of the Court Judgement

Osun Progressive Liberation Minders (OPLM) has charged the judiciary to be upright and to maintain independence in the discharge of its duty.

The group noted that the call became expedient following what it called “Unfortunate and flagrant disobedience of the Court Judgement” by some power that be, who had been preventing enforcement of existing court judgement.

Mr Ayomide Esan the spokesman of the group made this known while addressing a press conference over what he referred to as "MISUSE OF OFFICE BY SOME POLITICAL OFFICE HOLDERS" which he claimed that their actions cast a doubt on the credibility of the court.

He said, the group is not pleased with the actions of some people at the corridor of power in Osun state trampling on existing Consent Judgement of Hon. Justice A.O Oyebiyi of Osun state High Court sitting in Osogbo in a case SUIT NO HOS92/2022 directing the ownership of a  land lying and situate along Oke Arungbo, Awosuru Area Osogbo 23.823hectres. Bounded as follows; front side Arungbo stream, Right side by Ekuu stream, left side Awosuru stream and Back side Alekunwodo, Osogbo to Mr Salami Olalekan. 

OPLM warned that continued disobedience of court judgments and rulings would undermine “the crucial role of the judiciary in combating corruption and obstruct access to justice, contrary to international standards, including Article 11 of the UN Convention against Corruption to which Nigeria is a state party.

“It is not right for either Government or individual to disobey court orders or judgements even if it is a drunken judge that delivered the judgment, it should be obeyed. Once a court gives a judgment, if it is not immediately appealed and there is no stay of execution of the judgment, there is no reason for the government or anyone to disobey it".

“This disobedience to Justice Oyebiyi shows that the dictatorship in the military era is playing out in this democratic period. The violators should be aware that these cases of disobedience will not go in vain. Therefore, the OPLM will join other groups to seek redress of justice at whatever level.

We are not in a lawless country and so we expect this government and Individual to abide by the core values of democratic ethics. It is baffling that some Individual or government wants to be a judge in its own cases and undermine the judiciary. This is not in tandem with the principle of separation of powers. As investigations continue, the violators ought to obey the court judgement and release the land to the rightful owner.

Institutions like the judiciary are meant to be the bastion of society and the flagrant disregard of its judgements lead to chaos. For any democracy to thrive, respect for the law and human rights, as well as adherence to institutions established to shape the country are key. Flagrant disregard for any of these often weakens the rule of law and also threatens human rights. 

For us, the incessant disobedience of court orders by the government, its agencies and creme-la-creme in the society have continued to weaken the rule of law and also threatens human rights in the country, thus heightening the need for judicial activism for leadership of agencies that flout such court orders because if the law is continuously flouted, it means that the essence of the law has been lost."

Speaking further, the group stated that the Concept Judgment of the court is clear, unambiguous and impeccable. However, our concern is, why are the violators failed to appeal the judgement instead of taking the law court for granted. 

This trend is worrisome. Perhaps, this informs why a judge of the Anambra State High Court, Justice Promise Otti, threatened to stop sitting if the disobedience to her court’s orders continues. Visibly angry when she entered the court on Thursday 25 January, 2024, Justice Otti of High Court 3, Awka Judicial Division, told lawyers and litigants that she had come only to announce that she had decided to stop sitting until proper explanations were given for the non-compliance with orders made by her court.

Truth remains that a society in which Court Orders are treated with levity is doomed. It doesn’t matter whom the law favors, therefore, beneficiaries of any court judgment should be protected by the law and supported to enjoy the dividends arising therefrom.

Although hearing of motion compelling Commissioner of police for full enforcement of the judgement is coming up on 21st October, 2024 and reliable information revealed that the violators are currently encroaching on the land not minding the court judgement and in disguise erected a billboard with Picture of Osun state Governor on it.