This incisive article by Dr Eyimofe Atake, SAN examines the recent proceedings in Justice Peter Lifu’s court vis-à-vis the deregistration of some political parties, despite the Court of Appeal’s order staying proceedings in the case until their determination of a pending appeal in the matter. The article is focused on institutional reform rather than any personal attack, but firmly and clearly states the expectations from judicial officers in such circumstances, as well as Lawyers and Senior Advocates

Introduction

The administration of justice in any constitutional democracy rests upon a foundation of hierarchy, discipline, and the unqualified obligation of every court to obey the orders of the court above it. When a Judge deliberately flouts that obligation, he does not merely commit a legal error, he strikes at the very architecture of the rule of law. It is that species of conduct that demands the most unsparing condemnation. But, the Judge who commits the error does not always act alone. Behind him, there is often a Lawyer, and sometimes a senior one, who has provided the vehicle, the processes, and the arguments that made the error possible. Both must be called to account, and it is the purpose of this piece to do so.