My attention has been drawn to Mr. Jibrin Samuel Okutepa, SAN’s post on my appearance at the Supreme Court of Nigeria, which has been making the rounds on social media, and it is important that I clear the air.
I went to the Supreme Court as a legal practitioner with the right to observe proceedings but not to represent any party. In the circumstances, it would have been impolite of me to stand up to address the court as suggested by Mr Jibrin without first seeking permission from the court or being called upon to speak by the justices.
On whether the Legal Practitioners Disciplinary Committee (LPDC) can or will sanction me for dressing and appearing before the Supreme Court in the manner prescribed by my religion? The answer is NO, because under Section 38 of the Nigerian constitution, every Nigerian is entitled to freedom of thought, conscience, and religion, as well as the freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief through worship, teaching, practice, and observance. This is not a right that can be wished away simply because some people are uncomfortable with it.
The way I dressed for the Supreme Court was an act of worship; therefore, it would be a clear violation of my constitutionally guaranteed right to wear my traditional attire with my lawyers uniform.
I arrived at the Supreme Court Complex on that faithful day around 9 a.m., and by the time I finished speaking at a press conference, it was close to 11 a.m. I then went and entered the courtroom. The Supreme Court justices were out of session when I arrived. The police officers and other security guards at the court’s entrance attempted to stop me as I entered the courtroom, but I resisted and forced my way inside, sitting down at the bar on the third roll because the first two rolls were already taken.
After hearing an application that they rejected, the justices had to abruptly rise when they returned because they were uncomfortable seeing me.
Contrary to what Mr. Jibrin claimed, the Supreme Court Justices did notice me. It was done. Every lawyer is aware that the bench has a good view of the gallery and the bar and can keep an eye on proceedings in the courtroom. I was wearing a red cloth around my waist, a painted face, feathers in my wig, a calabash around my neck, and cowrie shells on my wrist on this particular occasion. How can Jibrin claim that the justices did not see me?
Practicing lawyers and litigants will testify that no composed judge, let alone the justices of the Supreme Court, will spare an improperly dressed lawyer who enters their court, let alone sits at the bar. The reaction of the justices after seeing me shows that they were taken aback; otherwise, three things would have happened: first, they would have stood me up and lambasted me, and then they would have thrown me out of their court. The second thing that would have happened is that I would have been cited for contempt, and the third thing that would have happened is that the justices would have ordered that I be sent to a Psychiatric Hospital to be evaluated for my mental state.
But none of this occurred. The justices, sensing my presence in their court, read the writing on the wall and let me go. I must commend them, however, for their maturity and discernment.
Given that the justices of the Supreme Court did not see me, the question now is what did the learned silk who did see me do? Nothing because he, like the justices, was dissatisfied. As a member of the inner bar who ranks higher than myself in the legal profession, what was expected of him and the other four Senior Advocates of Nigeria he claimed were present in court was for any of them to approach me to find out what the problem was, and if my responses were not satisfactory, they would have asked me to leave with the support of the other members of the bar.
Mr. Jibrin Samuel Okutepa, SAN did nothing, leaving him to seek relevance on social media.
I am not, as the learned silk suggested, introducing religion into our profession, but rather assisting in its development. I also went to the Supreme Court not to cause trouble, but to congratulate the justices on their recent decision allowing every Nigerian to dress in public as prescribed by their religion.
I will continue to exercise my fundamental rights to freedom of thought, conscience, and religion as enshrined and guaranteed in the Nigerian constitution and as affirmed by Supreme Court of Nigeria decisions by appearing in other courts in the same manner as I did at the Supreme Court. Nobody can take away my fundamental rights because it would be illegal, unlawful, and unconstitutional.
I advised the learned silk to keep his Bible verses until he sees the Daniel in me in the near future, because I believe that action speaks louder than words.
