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Access to Justice Condemns the Invasion and Sealing off of the Ekiti State High Court Complex

On Tuesday, 17th April, 2007 a contingent of mobile policemen and armed soldiers sealed off the Ekiti State High Court Complex premises in Ado-Ekiti, Ekiti State. The contingent reportedly arrived at the High court premises at about 8. 30 am, and went into all the offices within the High Court premises ordering all staff out of the premises; they later mounted a barricade on the major road (Fajuyi Street) leading to the court premises. This action has continued up till Wednesday, the 18th of April, and we are not sure when it will abate. The Public Relations officer of the Ekiti State High Court, Mr. Sola Fasoro could not offer an explanation for the action, but the Deputy Governor of the state, Mrs. Abiodun Olujimi alleged that the court premises were sealed off to prevent the hearing of her case challenging her impeachment, scheduled for hearing that day.  

Access to Justice is very concerned about the action of the security agencies because it gravely undermines the operations of the judicial branch (a coordinate arm) of government, and directly interferes with the exercise of rights of access to court. The right of recourse to courts of law is very well-entrenched in the Nigerian Constitution, and in treaties and undertakings binding on Nigeria, including the African Charter on Human and People’s Rights, and the International Covenant on Civil and Political Rights, (which Nigeria has ratified).  The sanctity of the courts and the inalienable right of access to them is fundamental, and is, in fact, the lifeblood of any system of constitutional democracy.

The Attorney General of Ekiti State, Gboyega Oyewole, in an advertorial published in The Guardian of today, confirmed “the deployment of security agents to the High Court Complex” but said they were there to “forestall sinister machinations of some evil elements to create an atmosphere of insecurity”. The way the High Court complex was barricaded does not substantiate the Attorney General’s explanations however. If there were indeed credible threats to the security of the court complex, there were less intrusive ways of dealing with those threats. Security agents could, for example, have increased surveillance over the court premises, and taken measures to ensure that those who were entering court premises did not carry harmful objects.

Sealing off the courts constitutes a gross abuse of the rights of citizens to judicial recourse, and gross disrespect for the rule of law. This action violates the constitutionally guaranteed independence of the judicial branch and negates all the important values enshrined in the United Nations Basic Principles on the Independence of the Judiciary. One of those principles states; “The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.” (Italics added). Furthermore, Section 17(1),(2)(e) of the 1999 Constitution declares that “the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.” Alongside this, Article 2 (3) (1) of the ICCPR enjoins the Nigerian government to “ensure that any person whose rights or freedoms are violated, whether by persons acting in official capacity or not, shall have their rights thereto determined by a competent judicial authority”. Judicial independence is a platform upon which guarantees of rights are defended and substantiated.

Access to Justice denounces this interference with the judicial process and requests the Inspector General of Police and the Chief of Army Staff to remove all restrictions of access to the courts. Law enforcement agents ought to serve the rule of law, and defend the integrity and authority of rule of law institutions, such as courts, and not subvert the roles they play in a democracy. AJ reiterates that rights of access to court, and an independent judiciary are not only essential to the rule of law, but form the lifeblood of any constitutional democracy.

 

Joseph Chu’ma Otteh                                                                    Leonard Dibia

Executive Director, Access  to Justice.                                        Programme Officer