Opinion
Freedom of Movement is for Human Beings, Not Cattle and Sheep
Published
5 years agoon
By
Eric
By Chief Mike Ozekhome, SAN, OFR, FCIArb, LL.M, Ph.D, LL.D
INTRODUCTION
The Northern elites, including the Hon Attorney General of the Federation, Abubakar Malami, SAN, miss the point sorely when they compare Igbo peaceful spare-parts dealers who go about their normal spare parts business legitimately, (building or renting their shops), with savage, maniacal AK-47-wielding herdsmen. Igbo traders do not kill or attack Northerners with their stock of motor-tyres, rims, spanners or chasis. They do not pour petrol from fuel tanks that they sell, on Fulani herdsmen. They do not use car bumpers or wind shields to smash the heads of herdsmen.
How does open and street grazing of cows by fully armed foot-patrolling youth which is now clearly anachronistic, diluvian, primitive and antiquated, be likened to legitimate spare parts business being carried out in shops or designated areas, with the Igbo traders paying tenement rate, taxes, water electricity and light bills? Have you ever heard of any herder paying tax? How do you equate spare parts dealers with mindless violence unleashed on poor helpless and hapless farmers in their own farms, and destruction of their crops with reckless abandon by these rampaging nomadic pastoralists who are on a mission of conquest and expansionism?
How do you compare apples with oranges, by equating Igbo spare parts dealers (who maintain log books, cash books, and accounting systems in their secluded and approved environments of peace and tranquility), with rampaging fully armed murderous bandits (passing for headers), who unleash terror and mayhem on innocent citizens? These open grazers kidnap travelers on the way, invade homes, rape mothers and their daughters and slash people’s throats, unprovoked, unmolested and undisturbed? Do Igbo traders overrun Northerners or Fulanis in their homes? Is it not the spaces legally allotted to them by the Federal Government, Local Governments, cities or MDAs, that they legitimately and quietly operate from?
How do armed herders who freely trespass on people lands, destroy their crops and other means of livelihood, and slaughter them, compare with peaceful traders plying their legitimate business? Do spare parts dealers pose security threat to their host, or anyone else? The Igbos do not foist any pre-determined supremacist hegemony and irredentism agenda or other races as the herders (many of them from neighbouring countries) are currently doing.
Freedom of movement is only for human beings. It is not for cattle, sheep and goats. Will the Northerners tolerate the open sale of alcoholic beverages in their States, even though it is the constitutional right of other ethnic groups to move about and sell beverages of their choice.
Are these Northern elites seriously arguing that Southern State Governors cannot ban open grazing in their states, to protect their innocent citizens from deadly killer herdsmen?
The freedom of movement guaranteed in section 41 of the Constitution (though for human beings, not animals), is not even absolute at all. Section 45 is pretty straightforward as regards derogation from section 41. It provides:
“(1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invaluidate any law that is reasonably justifiable in a democratic society:
(a) in the interest of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedom of other persons.”
Thus, the right to movement in section 42 of the Constitution can be overridden by section 45 of the Constitution which allows any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health. Considering the incessant cases of Boko Haram killings, maiming, stealing, kidnappings, rape, armed banditry and robbery foisted on the Southern part of the country, Southern leaders have rightly taken it upon themselves to put in place laws and measures that will protect their citizens. To this end, it is safe to assert that individual rights to movement have not in anyway been violated by the various states’ anti-grazing laws because the laws were enacted in the interest of public safety, public order, public defence and public morality. The laws of and declaration by the Southern Governors are also to protect the peace, privacy and homes of Southerners as highlighted in section 37 of the 1999 Constitution. They are also for the “purpose of protecting the rights and freedom of other persons”.
In the case of KALU v. FRN & ORS (2012) LPELR-9287(CA), the Court of Appeal made it clear that the rights to personal liberty and freedom of movement are not absolute and can be derogated from:
“The rights to personal liberty and freedom of movement, guaranteed respectively by Sections 35 and 41 of the 1999 Constitution, are not absolute…Section 41(2)(a) of the Constitution says that the right to freedom of movement may be deprived under a law that is reasonably justifiable in a democratic society that imposes restrictions on the movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria”. An application for enforcement of a party’s fundamental right presupposes the right has been, is being or is likely to be violated otherwise than in accordance with the procedure permitted by law. That argument will be defeated when it is apparent that the right has been deprived of in accordance with the procedure permitted by law”, Per EJEMBI EKO, JCA (as he then was) (Pp 44 – 45, Paras G – E).
The above position of the law is further strengthened by the combined effect of the provisions of sections 4(7), 5(2), 11(2), 14(2) and 176(2) of the 1999 Constitution. Section 4(7) states that the House of Assembly of a State shall have powers to make laws for the peace, order and good government of the State. Section 5(2) provides that the executive powers of a State shall be vested in the Governor of that State. Section 11(2) gives the Governor of a State powers over the maintenance of supplies and services. Section 14(2)(b) enjoins the Governor to ensure that “the security and welfare of the people shall be the primary purpose of government”. Section 176(2) makes the Governor of a State its Chief Executive. So, where have the Governors of Southern States gone wrong? I cannot see it. Or, can you?
In ASARI DOKUBO V. FRN (2007) NGSC 106 (decided June 8, 2007), the apex court of Nigeria held that national security overrides personal individual rights, where it is discovered that the individual’s right poses threats to national security. Substitute for this, States’ and groups’ rights and security supersede the individual rights of few rampaging, fully armed, AK-47-clutching and wandering Fulani herdsmen who are not merely grazing their cattle, but actually on a predetermined mission of conquest, expansionism and neo-colonialism of other ethnic nationalities. Such must be fully resisted within all legal boundaries as the Southern Governors are now doing.
WHAT THE STATE GOVERNORS MUST NOW DO
The 17 Southern Governors should immediately sue the Federal Government, invoking the original jurisdiction of the Supreme Court under section 232 of the 1999 Constitution. They should ask for a determination of their right to preserve their States from insecurity. Indeed, as held by the Supreme Court in AG OGUN STATE V. AG FEDERATION (1982) LPELR-11(SC), the making of law for the maintenance of law and order and securing of public safety and public order is the responsibility of both the National Assembly and the State Houses of Assembly. Consequently, the Southern Governors are clothed with legality and constitutionality to ban open grazing. The Governors should therefore not be burdened by the opinions of other Northern States Governors, and elites, as to do so will be limiting the Executive powers of the Governors as regards the states which they govern.
By banning open grazing, the governors are merely putting a stop to one of the greatest known sources of wars and terrorist convergence in their respective states. In my humble opinion, the Governors’ call is part of their responsibilities to the people of their states as the main mandate of each and every Governor is to protect the lives and property of the people of the states they govern. The openness of the Governors to the idea of yet another National dialogue to curb the insecurity (which I however consider unnecessary in view of the unused over 600 recommendations of the 2014 National Conference) can be seen as a honest bi-partisan call to see to the end of insecurity menace in Nigeria.
PRO-ACTIVE STEPS ALREADY TAKEN BY SOME STATE GOVERNORS
Some State Governors and Houses of Assembly in Bayelsa, Ebonyi, Oyo and Osun States have since taken steps by getting anti-grazing laws passed by their Houses of Assembly. For instance, there existed and extant, section 42(e) & (g) of the Ondo State Forestry Law which prohibit cattle tresspassing and cattle pasteurisation without the authority in writing of a prescribed Government Official.Indeed, Governor Samuel Orton of Benue State has already taken proactive steps to stop being the wailing Chief mourner of his people being murdered daily in cold blood by Fulani herdsmen (many a time with the active connivance of federal troops). He got the House of Assembly to enact the anti-RUGA (Rural Grazing Area) and Cattle Colony Law, called the “Open Grazing Prohibition and Ranches Establishment Law”, No 21 of 2017. He went further by challenging the Federal Government RUGA policy at the Federal High Court, Makurdi, in the case of AG OF BENUE STATE V. AG OF THE FEDERATION. On 4th February, 2020, Justice Mobolaji Olajuwon of the FHC, Makurdi, held that any move by the FG to acquire land for RUGA or cattle colony in Benue State without the State Government was null and void. The Judge granted an order nullifying every action of the FG to establish RUGA or cattle colony. Many constitutional provisions such as sections 5(6), 9(2), 20, 44(1), 58 and 315(5) and 6(b) were considered. Also considered were sections 1, 2, 5, 6, 26, 28 and 49 of the Land Use Act vis-à-vis sections 4, 5, 6, 7 and 19(c) of the Benue State Anti-Grazing Law.
It must be pointed out that the Governor of a State is the Chief Executive and Chief Security Officer of that State (sections 176(1) and 214-216 of the 1999 Constitution). By virtue of Section 1 of the Land Use Act, 1978, all land comprised in the territory of each State in the Federation have been vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians. Thus, a Governor of a State commands great power in the usage of the land in his State. See the Supreme Court case of NIGERIA ENGINEERING WORKS LTD V. DENAP LTD & ANOR (2001) LPELR-2002(SC).
SHOULD SOUTHERN GOVERNORS HAVE FIRST CONSULTED THE NOTHERN ESTABLISHMENT?
The answer to this is a capital NO!
It must be emphasized that the decision of the Southern Governors does not in actuality impede the rights of cow rearers to own cattle. It merely limits their ability to openly graze on lands that are not theirs in the first place and inflict misery on the indigenous owners. The ban will also ignite more anti-grazing laws in other states in Nigeria.
Those Northern elites arguing that consultation ought to have been first made by Southern Governors before making such resolutions have not advanced any plausible argument anchored on the Constitution. In fact, they ought to applaud the Southern Nigerian Governors for willfully choosing to dialogue with their Northern counterparts and avoiding an impending doom.
The few wailing Northern elites have not explained to Nigerians why they never consulted their Southern counterparts before passing and enforcing Sharia Law in their States; or passing the various Hisbah laws. Did some of these Governors not cut off citizens’ hands for various offences, to the angst and condemnation of international communities? Did they not order for some others to be stoned? Recall the unfortunate cases of Buba Jangebe (2000), Auwalu Abubakar (23), Lawalli Musa (22), Abubakar Aliyu (15), Attahiru Umaru, Sani Rodi, Sarimu Baranda, Safiya Hussein, Amina Lawal and many others for merely either stealing a cow, bull, N32,000 or committing adultery. Did the Northern Governors consult their Southern counterparts? They did not explain why Southern Governors who are the Chief Security Officers of their States should first obtain their permission (like a pupil from a Headmaster) before dealing with security matters in their various States. It only shows their mindset of a relationship of masters and servants; conquerors and vassals; slave owners and slaves. They failed to tell Nigerians that all the Northern Governors had actually pro-actively taken a unanimous position to ban open grazing, at its virtual meeting held on February 9, 2021, presided over by their Chairman, Simon Lalong Governor of Plateau State. They had unanimously agreed that the “current system of herding conducted mainly through open grazing is no longer sustainable in view of growing urbanization and population of the country”. While urging all the Governors to meet over this matter, they agreed on other methods such as ranching. These critics of the Southern Governors hid the fact that in response to the Northern Governors’ call, the entire Nigerian Governors’ Forum of the 36 State Governors held a virtual meeting on February 11 (two days later) and unanimously agreed to end nomadic and pastoral cattle wandering, “to address the rising insecurity in the country and the activities of herdsmen…and the need for the country to transition into modern systems of animal husbandry that will replace open, night and underage grazing in the country”. They also encouraged ranching as alternative. The Northern elites carefully screened away the fact that Governor Abdullahi Ganduje, Kano State Governor’s had openly supported adopting anti-grazing measures.
Ganduje had argued in February, 2021, during his meeting with President Buhari and other APC Governors that such a ban would not only solve incessant clashes between farmers and herders, but also prevent cattle rustling. Inspite of attempts by some Northern groups to cow in, Ganduje stuck to his guns.
These Northern elites hid the fact that, as far back as 26th April, 2018, (over 3 years ago), the National Executive Council (NEC) had approved the recommendation of its sub-committee that open grazing of cattle be banned across the country.
The three-man sub-committee on herdsmen/farmers clashes constituted by the Buhari Government in February, 2018, was headed by the Governor of Ebonyi State, Dave Umahi.
It was specifically mandated to unravel the causes of herdsmen/farmers clashes (wrong usage: herdsmen’s unproved attacks on farmers is better). It was to dialogue with relevant stakeholders to end the killings of innocent citizens.
Other members of the sub-committee included Governors Simon Lalong (Plateau), Samuel Ortom (Benue), Darius Ishaku (Taraba), and Bindo Jubrilla (Adamawa). The panel was mandated to visit Benue, Taraba, Zamfara and Adamawa states.
Umahi had told Nigerians after the NEC meeting at the Presidential Villa presided over by Vice President Yemi Osinbajo, that the panel submitted its report to the Council which okayed the recommendation to ban open grazing, opting instead for the establishment of ranches in states affected by the herdsmen onslaught.
Governor Umahi, who said his team visited five states Benue, Taraba, Plateau Adamawa and Zamfara, said there were three main categories of herdsmen in Nigeria. These, according to him, are foreign herdsmen, nomadic herdsmen and migrant herdsmen, whose continued activities have resulted in clashes with farmers.
He said the NEC also agreed that the states affected by herdsmen killings should donate land for the establishment of ranches that will include nomadic schools and health facilities for their family members. Said Umahi:
“Niger and Kaduna have given lands, and Plateau is also giving land. We also agreed that through the agriculture ministry, we have to introduce new species of cows…… and to stop the further influx of foreign herdsmen into the country”.
So, where did the Southern Governors go wrong in reaffirming Federal Government and Northern Governors position? I cannot see it. Or can you?
Recall also that on September 10, 2019, the Vice President, Professor Yemi Osinbajo, SAN, had also inaugurated the National Livestock Transformation Plan at the Gongoshi Grazing Reserve, in Mayo-Belwa LGA of Adamawa State. Inaugurating the said project, Osinbajo said the plan was designed to run from 2019-2028, as part of Federal Government’s initiative in collaboration with States under the auspices of the National Economic Council. He said the plan, targeted at supporting the development of Nigeria’s livestock sector, was to be implemented in seven pilot states of Adamawa, Benue, Kaduna, Plateau, Nasarawa, Taraba and Zamfara.
According to the Vice President, the plan will be implemented as a collaboration project between the Federal and State governments, farmers, pastoralists and private investors. He said:
“In this plan, the State Government or private investors provide the land, the federal government does not and will not take any land from a State or local government…Any participating state will provide the land and its own contribution to the project. The federal government merely supports…It is a plan that hopes to birth tailor-made ranches where cattle are bred, and meat and dairy products are produced using modern livestock breeding and dairy methods…This solves the problem of cattle grazing into and destroying farmlands. It ensures a practical response to the pressures on water and pasture by forces of climate change”.
He noted that the plan was designed to provide modern meat and dairy industry and, in some cases, integrated crop farming. According to Osinbajo, the unique feature of the plan is that any participating state will determine its own model. Osinbanjo continued:
“I wish to emphasise that this is not RUGA. Because the idea of RUGA settlements launched by the Ministry of Agriculture created a problem when it was perceived as a plan to seize lands to create settlements for herders…RUGA was not the plan designed and approved by the governors and the President rightly suspended the implementation”.
Thus, even the Federal Government at the centre had already opposed anti-grazing and embraced ranching. So, where did the Southern Governors go wrong? I cannot see it. Or, can you?
SALEH’S ILLOGICAL AND PROVOCATIVE INANITY
Did you read the provocative inanity uttered by one Alhassan Saleh, National Secretary of Miyetti Allah? I read it, and became more convinced that our dire national situation may be hopeless afterall. Hear him deliver his gibberish sermon:
“If the south feels because they have oil, they can show this open hatred to the Fulani, I bet you, they are late.
You cannot expel an ethnic group that has a population of 17 million people from an entity. So, if the agitators want to divide the country today, or this minute, we will help. We are ready to go. We are more prepared than any other tribe.
Nowhere is this type of ban done. You can only control it. But the Fulani, by nature, move about with their animals. They are not only in Nigeria, they are all over Africa…
They (Southerners) want to force us to react but we don’t react that way. Compared to what we went through in Guinea and Sudan and we survived, this is even a child’s play.
We understand that 2023 is also part of the game plan. They want to get power on a platter of gold. Nobody will give them power like that. They must seek our support. People who want power don’t behave in this matter…
Today, we are ready, let them divide the country. Let them not wait till tomorrow. We are better prepared than any other ethnic nationality. So, we are ready, let them divide the country. Let us die, we that don’t have the oil.”
QUESTIONS BEGGING FOR ANSWERS FROM SALEH
Let me interrogate Saleh’s thesis with some questions. Is Saleh really telling us that cattle breeders (just like Igbo Alaba shop owners, or Yoruba cocoa farmers, or Ijaw fishermen (examples not used in any derogatory sense but to make the point), have so cheapened the proud Fulani race of Shehu Usman Dan Fodio (born Usman bi Fudi; 1754 – 1817), that they have actually become the Fulani’s mouthpiece, their spokespersons? I cannot understand this. Or can you? So, to ensure peace, Fulani herders who “are not only in Nigeria, but all over Africa (moving) about with their animals”, should be allowed to commit genocide against other Nigerians?
Let me ask Saleh one question: who is the aggressor? Did other Nigerians invade Fulani towns to attack them? So, Saleh is saying that Fulani herdsmen who migrate from all over Africa through open borders of the North (those of the South are firmly shut) should be allowed unchallenged, as they have been doing, especially since the last 6 years of the Buhari government, to continue to attack innocent people in their homes, spill blood and rape their wives and daughters? So, Fulanis should be allowed to invade helpless farmers’ farms, kill the farmers with their sophisticated AK-47 riffles, destroy their farms and freely graze on their crops with their cattle? Oh, Fulanis must be allowed to walk leisurely with herds and hordes of cattle across the Federal Secretariat buildings and Three Arms Zone of Abuja, with vehicles and trekking human beings stopping and waiting for them to pass? So, that is Saleh’s own warped idea of living together? So, Southerners should be wiped out from the face of Nigeria in a carefully choreographed genocidal script, and they must not complain just because they will seek power, and must need Fulani support? So, the Southern Governors hate the Fulanis for telling them to stop open grazing and movement of cows by road across the South, thereby killing innocent people and destroying people’s means of livelihood? So, the life of a cow is more precious than that of a human being?
I cannot understand Saleh and his Miyetti Allah’s reasoning and illogicality. Or can you? So, Governor Samuel Ortom of Benue State is a “vagabond-in-power”, simply because he cried out that he was tired of being a helpless undertaker, coffin maker, an elegy orator and chief mourner presiding over daily slaughter of his own people?
So, because the Fulanis are all over Africa, and they had successfully overrun Guinea and Sudan (predominantly Muslim countries), they should also be allowed to overrun plural Nigeria (there are actually more Christians than Muslims even in the North) and wipe out the other 373 ethnic groups of Nigeria (according to Professor Onigu Otite)? I cannot comprehend this man. Or can you?
More questions please, Saleh: So, a personal profit-making venture such as cattle rearing should be forced willy-nilly on all other Nigerians as a fundamental objective and directive principle of state policy? So, the yam produce, cocoa palm kernel and tomatoes farmers of other ethnic groups, should equally be allowed to invade and seize Fulani lands and impose their trade on them? How would the Fulanis feel if the Igbos insist that because they are excellent traders, shops must be built for them by the Federal and State Governments across Nigeria, free of charge, to ply their lucrative trade? How will they feel if rearers of pigs (even when the Muslim Fulanis forbid pork meat) overrun their territories with hordes of pigs, all in the name of keeping Nigeria together?
Nigeria’s population projection by the United Nations for July, 2021, is 210,665,492. Of this number, only 17 million people are Fulanis, according to Saleh. There are three classes of Fulanis based on settlement patterns: the Nomadic/Pastoral or Mbororo; the Semi-Nomadic and the “Settled” or “Town Fulanis”. Thus, the Miyetti Allah nomadic or pastoral group constitutes only one-third of Fulanis in Nigeria. This means, speaking arithmetically, 8% people out of Nigeria’s population of 210.6 million people. So, going by Alhassan Saleh’s puerile vituperations, a tiny, but powerful, well-connected, power-dominating minority of 8% of Nigeria’s population must be allowed forever to tyranise the vast majority, impose their will; govern them by force; kill them; wipe them out of Nigeria, all in the name of peace, unity, indissolubility and indivisibility of Nigeria? So, the other 92% Nigerian majority should be held down by the jugular, just to make Nigeria work and prevent Fulanis from leaving Nigeria? Haba! I can never understand this man and the cattle rearers he spoke for. Or can you?
Nigeria is a Federation that operates the principles of federalism. Under this, the FG, States and LGAs have their respective rights and spheres of influence. There is the exclusive, concurrent and residual lists under the Constitution. This was why Justice Olajuwon of the FHC, Makurdi, held that since land in every State is controlled and managed by the Governor and LGs of such States, the FG cannot whimsically and capriciously grab lands in States; but must go through either the Governor or LG of such State.
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Opinion
A Holistic Framework for Addressing Leadership Deficiencies in Nigeria, Others
Published
2 days agoon
February 6, 2026By
Eric
By Tolulope A. Adegoke PhD
“Effective leadership is not a singular attribute but a systemic outcome. It is forged by institutions stronger than individuals, upheld by accountability with enforceable consequences, and sustained by a society that demands integrity as the non-negotiable price of power. The path to renewal—from national to global—requires us to architect systems that make ethical and competent leadership not an exception, but an inevitable product of the structure itself” – Tolulope A. Adegoke, PhD
Introduction: Understanding the Leadership Deficit
Leadership deficiencies in the modern era represent a critical impediment to sustainable development, social cohesion, and global stability. These shortcomings—characterized by eroded public trust, systemic corruption, short-term policymaking, and a lack of inclusive vision—are not isolated failures but symptoms of deeper structural and ethical flaws within governance systems. Crafting effective solutions requires a clear-eyed, unbiased analysis that moves beyond regional stereotypes to address universal challenges while respecting specific contextual realities. This document presents a comprehensive, actionable framework designed to rebuild effective leadership at the national, continental, and global levels, adhering strictly to principles of meritocracy, accountability, and transparency.
I. Foundational Pillars for Systemic Reform
Any lasting solution must be built upon a bedrock of core principles. These pillars are universal prerequisites for ethical and effective governance.
1. Institutional Integrity Over Personality: Systems must be stronger than individuals. Governance should rely on robust, transparent, and rules-based institutions that function predictably regardless of incumbents, thereby minimizing personal discretion and its attendant risks of abuse.
2. Uncompromising Accountability with Enforceable Sanctions: Accountability cannot be theoretical. It requires independent oversight bodies with real investigative and prosecutorial powers, a judiciary insulated from political interference, and clear consequences for misconduct, including loss of position and legal prosecution.
3. Meritocracy as the Primary Selection Criterion: Leadership selection must transition from patronage, nepotism, and identity politics to demonstrable competence, proven performance, and relevant expertise. This necessitates transparent recruitment and promotion processes based on objective criteria.
4. Participatory and Deliberative Governance: Effective leaders leverage the collective intelligence of their populace. This demands institutionalized channels for continuous citizen engagement—beyond periodic elections—such as citizen assemblies, participatory budgeting, and formal consultation processes with civil society.
II. Context-Specific Strategies and Interventions
A. For Nigeria: Catalyzing National Rebirth Through Institutional Reconstruction
Nigeria’s path requires a dual focus: dismantling obstructive legacies while constructing resilient, citizen-centric institutions.
· Constitutional and Electoral Overhaul: Reform must address foundational structures. This includes a credible review of the federal system to optimize the balance of power, the introduction of enforceable campaign finance laws to limit monetized politics, and the implementation of fully electronic, transparent electoral processes with real-time result transmission audited by civil society. Strengthening the independence of key bodies like INEC, the judiciary, and anti-corruption agencies through sustainable funding and insulated appointments is non-negotiable.
· Genuine Fiscal Federalism and Subnational Empowerment: The current over-centralization stifles innovation. Empowering states and local governments with greater fiscal autonomy and responsibility for service delivery would foster healthy competition, allow policy experimentation tailored to local contexts, and reduce the intense, often violent, competition for federal resources.
· Holistic Security Sector Reform: Addressing insecurity requires more than hardware. A comprehensive strategy must include community-policing models, merit-based reform of promotion structures, significant investment in intelligence capabilities, and, crucially, parallel programs to address the root causes: youth unemployment, economic inequality, and environmental degradation.
· Investing in the Civic Infrastructure: A functioning democracy requires an informed and engaged citizenry. This mandates a national, non-partisan civic education curriculum and robust support for a free, responsible, and financially sustainable press. Protecting journalists and whistleblowers is essential for maintaining transparency.
B. For Africa: Leveraging Continental Solidarity for Governance Enhancement
Africa’s prospects are tied to its ability to act collectively, using regional and continental frameworks to elevate governance standards.
· Operationalizing the African Governance Architecture: The African Union’s mechanisms, particularly the African Peer Review Mechanism (APRM), must transition from voluntary review to a system with meaningful incentives and consequences. Compliance with APRM recommendations could be linked to preferential access to continental infrastructure funding or trade benefits under the AfCFTA.
· The African Continental Free Trade Area (AfCFTA) as a Governance Catalyst: Beyond economics, the AfCFTA can drive better governance. By creating powerful cross-border commercial interests, it builds domestic constituencies that demand policy predictability, dispute resolution mechanisms, and regulatory transparency—all hallmarks of sound leadership.
· Pan-African Human Capital Development: Strategic investment in continental human capital is paramount. This includes expanding regional centers of excellence in STEM and public administration, fostering academic and professional mobility, and deliberately cultivating a new generation of technocrats and leaders through programs like the African Leadership University.
· Consistent Application of Democratic Norms: Regional Economic Communities (RECs) must enforce their own democratic charters uniformly. This requires establishing clear, automatic protocols for responding to unconstitutional changes of government, including graduated sanctions, rather than ad-hoc diplomatic responses influenced by political alliances.
C. For the Global System: Rebuilding Equitable and Effective Multilateralism
Global leadership crises often stem from outdated international structures that lack legitimacy and enforceability.
· Reforming Archaic Multilateral Institutions: The reform of the United Nations Security Council to reflect 21st-century geopolitical realities is essential for its legitimacy. Similarly, the governance structures of the International Monetary Fund and World Bank must be updated to give emerging economies a greater voice in decision-making.
· Combating Transnational Corruption and Illicit Finance: Leadership deficiencies are often funded from abroad. A binding international legal framework is needed to enhance financial transparency, harmonize anti-money laundering laws, and expedite the repatriation of stolen assets. This requires wealthy nations to rigorously police their own financial centers and professional enablers.
· Fostering Climate Justice and Leadership: Effective global climate action demands leadership rooted in equity. Developed nations must fulfill and be held accountable for commitments on climate finance, technology transfer, and adaptation support. Leadership here means honoring historical responsibilities.
· Establishing Norms for the Digital Age: The technological frontier requires new governance. A global digital compact is needed to establish norms against cyber-attacks on civilian infrastructure, the use of surveillance for political repression, and the cross-border spread of algorithmic disinformation that undermines democratic processes.
III. Universal Enablers for Transformative Leadership
Certain interventions are universally applicable and critical for cultivating a new leadership ethos across all contexts.
· Strategic Leadership Development Pipelines: Nations and institutions should invest in non-partisan, advanced leadership academies. These would equip promising individuals from diverse sectors with skills in ethical decision-making, complex systems management, strategic foresight, and collaborative governance, creating a reservoir of prepared talent.
· Redefining Success Metrics: Moving beyond Gross Domestic Product (GDP) as the primary scorecard, governments should adopt and be assessed on holistic indices that measure human development, environmental sustainability, inequality gaps, and citizen satisfaction. International incentives, like preferential financing, could be aligned with performance on these multidimensional metrics.
· Creating a Protective Ecosystem for Accountability: Robust, legally enforced protections for whistleblowers, investigative journalists, and anti-corruption officials are fundamental. This may include secure reporting channels, legal aid, and, where necessary, international relocation support for those under threat.
· Harnessing Technology for Inclusive Governance: Digital tools should be leveraged to deepen democracy. This includes secure platforms for citizen feedback on legislation, open-data portals for public spending, and digital civic assemblies that allow for informed deliberation on key national issues, complementing representative institutions.
Conclusion: The Collective Imperative for Renewal
Addressing leadership deficiencies is not a passive exercise but an active, continuous project of societal commitment. It requires the deliberate construction of systems that incentivize integrity and penalize malfeasance. For Nigeria, it is the arduous task of rebuilding a social contract through impartial institutions. For Africa, it is the strategic use of collective action to elevate governance standards continent-wide. For the world, it is the courageous redesign of international systems to foster genuine cooperation and justice. Ultimately, the quality of leadership is a direct reflection of the standards a society upholds and enforces. By implementing this multilayered framework—demanding accountability, rewarding merit, and empowering citizens—a new paradigm of leadership can emerge, transforming it from a recurrent source of crisis into the most reliable engine for human progress and shared prosperity.
Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
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Opinion
Tali Shani vs Mike Ozekhome: How a Legal Mole-Hill Was Turned into a Mountain
Published
2 days agoon
February 6, 2026By
Eric
By Abubakar D. Sani, Esq
INTRODUCTION
News of the decision of a British Tribunal in respect of a property situate in London, the UK’s capital, whose ownership was disputed has gained much publicity since it was delivered in the second week of September 2025. For legal reasons, the charges brought against prominent lawyer, Chief Mike Ozekhome, SAN, based on same is the most that can be said of it as no arraignment was made before Hon. Justice Kekemeke of the High court of the FCT, Abuja, sitting in Maitama.
Accordingly, this intervention will be limited to interrogating the common, but false belief (even in legal circles), that the Tribunal somehow indicted him with conclusive ‘guilt’. I intend to argue that this belief is not correct; and that, on the contrary, nothing could be further from the truth. For the sake of context, therefore, it is necessary to refer to relevant portions of the decision of Judge Paton (the name of the Tribunal’s presiding officer), which completely exonerated Chief Ozekhome, but which his detractors have always conveniently suppressed.
WHAT DID THE TRIBUNAL SAY?
Not a few naysayers, smart-alecs, emergency analysts and self-appointed pundits have been quick to latch on to some passages in the judgement of the Tribunal which disagreed with Ozekhome’s testimony to justify their crucifixion of Chief Ozekhome – even without hearing his side of the story or his version of events. This is a pity, of course, especially for the supposedly learned senior lawyers among them who, by ignoring the age-old principle of fair hearing famously captured as audi alterem partem (hear the other side) have unwittingly betrayed patent bias, malice, malevolence and utter lack of bona fides as the major, if not exclusive, motivator of their view-points and opinions. I have particularly watched about five of such senior lawyers shop from one platform to another, with malicious analysis to achieve nothing, but reputational damage. They know themselves.
Before proceeding to those portions, it is important to acknowledge that the Tribunal conducted a review of the evidence placed before it. The proceedings afforded all parties the opportunity to present their respective cases. The learned Judge carefully evaluated the testimonies, documentary exhibits and surrounding circumstances and rendered a reasoned decision based on the materials before the Tribunal.
It is also not in doubt that the Tribunal made certain critical observations in the course of assessing the credibility of the witnesses and the plausibility of their explanations. Such evaluative comments are a normal and inevitable feature of judicial fact-finding, particularly in property tribunals in contested proceedings involving complex transactions and disputed narratives. They do not amount to indictment.
It is precisely the improper isolation and mischaracterization of some of these observations that have given rise to the present misconception that the Tribunal somehow pronounced a verdict of guilt on Chief Ozekhome. It is therefore necessary to place the relevant excerpts in their proper legal and factual context, so as to demonstrate how the self-same tribunal exonerated Ozekhome.
“Paragraph 98: Once one steps back from that material, and considers the Respondent’s own direct personal knowledge of relevant matters relating to this property, this only commences in 2019. That is, he confirmed, when he was first introduced to Mr. Tali Shani – he thought in about January of that year. He did not therefore know him in 1993, or at any time before January 2019. He could not therefore have any direct knowledge of the circumstances of the purchase of this property, or its management prior to 2019. He had, however, known the late General Useni for over 20 years prior to his death, as both his lawyer and friend.
“Paragraph 103: Such of the Respondent’s written evidence had been about the very recent management of the property, and in particular his dispute over its management (and collection of rents) with one Nicholas Ekhorutowen, who provided no evidence in this case. The Respondent confirmed in oral evidence that it was upon the execution of the powers of attorney that he came into possession of the various pre registration title and conveyancing documents which formed part of his disclosure. These had been handed over to him by the next witness who gave evidence, Mr. Akeem Johnson.
“Paragraph 168: Unlike the fictitious “Ms. Tali Shani”, a man going by the name of Mr. Tali Shani exists and gave evidence before me in that name. A certified copy of an official Nigerian passport was produced both to the Land Registry and this Tribunal, stating that Mr. Tali Shani was born on 2nd April 1973. I do not have the evidence, or any sufficient basis, to find that this document – unlike the various poor and pitiful forgeries on the side of the “Applicant” – is forged, and I do not do so.
“Paragraph 200: First, I find that General Useni, since he was in truth the sole legal and beneficial owner of this property (albeit registered in a false name), must in some way have been connected to this transfer, and to have directed it. He was clearly close to, and on good terms with, the Respondent. There is no question of this being some sort of attempt by the Respondent to steal the general’s property without his knowledge.
“Paragraph 201: As to precisely why General Useni chose to direct this transfer to the Respondent, I do not need to (and indeed cannot) make detailed findings. I consider that it is highly possible that it was in satisfaction of some debt or favour owed. The Respondent initially angrily denied the allegation (made in the various statements filed on behalf of the “Applicant”) that this was a form of repayment of a loan of 54 million Naira made during the general’s unsuccessful election campaign. In his oral evidence, both he and his son then appeared to accept that the general had owed the Respondent some money, but that it had been fully paid off. The general himself, when asked about this, said that he “did not know how much money he owed” the Respondent.
“Paragraph 202: I do not, however, need to find precisely whether (and if so, how much) money was owed. The transfer may have been made out of friendship and generosity, or in recognition of some other service or favour. The one finding I do make, however, is that it was the decision of General Useni to transfer the property to the Respondent.”
It must be emphasised that even where a court finds that a witness has given inconsistent, fluctuating, or implausible testimony, as some have latched on, such a finding does not, without more, translate into civil or criminal liability. At best, it affects the weight and credibility to be attached to such evidence. It does not constitute proof of fraud, conspiracy, or criminal intent. See MANU v. STATE (2025) LPELR-81120(CA) and IKENNE vs. THE STATE (2018) LPELR-44695 (SC)
Notwithstanding the Tribunal’s engagement with the evidence, certain passages had been selectively extracted and sensationalised by critics. On the ipssisima verba (precise wordings) of the Tribunal, only the above paragraphs which are always suppressed clearly stand out in support of Chief Ozekhome’s case, as the others were more like opinions.
Some paragraphs in the judgement in particular, appear to have been carefully selected as “weapons” in Chief Ozekhome’s enemies’ armoury, as they are most bandied about in the public space. The assumption appears to be that such findings are conclusive of his guilt in a civil property dispute. This is unfortunate, as the presumption of innocence is the bedrock of our adversarial criminal jurisprudence. It is a fundamental right guaranteed under section 36 of the Constitution and Article 7 of the African Charter which, regrettably, appear to have been more observed in the breach in his case.
More fundamentally, the selective reliance on few passages that disagreed with his evidence or testimony and that of Mr. Tali Shani, ignore the above wider and more decisive findings of the Tribunal itself. A holistic reading of the judgment reveals that the Tribunal was far more concerned with exposing an elaborate scheme of impersonation, forgery, and deception orchestrated in the name of a fictitious Applicant, Ms Tali Shani, and not Mr. Tali Shani (Ozekhome’s witness), who is a living human being. These findings, which have been largely ignored in public discourse, demonstrate that the gravamen of the Tribunal’s decision lay not in any indictment of Chief Ozekhome, but in the collapse of a fraudulent claim against him, which was founded on false identity and fabricated documents.
The Tribunal carefully distinguished a fake “Ms” Tali Shani (the Applicant), who said she was General Useni’s mistress and owner of the property, and the real owner, Mr Tali Shani, who was Chief Ozekhome’s witness before the Tribunal. It was the Tribunal’s finding that she was nothing but a phantom creation and therefore rejected her false claim to the property (par. 123). It also rejected the evidence of her so called cousin (Anakwe Obasi) and purported son (Ayodele Obasi) (par. 124).
The Tribunal further found that it was the Applicant and her cohorts that engaged in diverse fraud with documents such as a fraudulent witness statement purportedly from General Useni; all alleged identity documents; fabricated medical correspondence; the statement of case and witness statements; a fake death certificate; and a purported burial notice. (Paragraph 125). Why are these people not concerned with Barrister Mohammed Edewor, Nicholas Ekhoromtomwen, Ayodele Damola, and Anakwe Obasi? Why mob-lynching Chief Ozekhome?
The Tribunal found that the proceedings amounted to an abuse of process and a deliberate attempt to pervert the course of justice. It therefore struck out the Applicant’s claim (Paragraphs 130–165). The Tribunal significantly found that Mr Tali Shani exists as a human being and had testified before it in June, 2024. It accepted a certified Nigerian passport he produced, and accepted its authenticity and validity (Paragraph 168). Can any objective person hold that Ozekhome forged any passport as widely reported by his haters when the maker exists?
Having examined the factual findings of the Tribunal and their proper context, the next critical issue is the legal status and probative value of such findings. The central question, therefore, is whether the observations and conclusions of a foreign tribunal, made in the course of civil proceedings, are sufficient in law to establish civil or criminal liability against a person in subsequent proceedings.
STATUS OF JUDGEMENTS UNDER THE LAW
The relevant statutory provisions in Nigeria are sections 59, 60, 61, 173 and 174 of the Evidence Act 2011, provide as follows, respectively:
Section 59: “The existence of any judgment, order or decree which by law prevents any court from taking cognisance of a suit or holding a trial, is a relevant fact, evidence of which is admissible when the question is whether such court ought to take cognisance of such suit or to hold such trial”;
Section 60(I): “A final judgment, order or decree of a competent court, in the exercise of probate. Matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character. or which declares any person to be entitled to any such character or to be entitled to any specific thing, not as against any specified person but absolutely, is admissible when the existence of any such legal character, or the title of any such legal persons to an) such thing, is relevant (2) Such judgment, order or decree is conclusive proof (a)that any legal character which it confers accrued at the time when such judgment, order or decree came into operation; (b) that any legal character. to which it declares any such person to be entitled. accrued to that person at the time when such judgment order or decree declares it to have accrued to that person; (c) that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and (d) that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment. order or decree declares that it had been or should be his property”;
Section 61: “Judgments, orders or decrees other than those mentioned in section 60 are admissible if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state”
Section 173: “Every judgment is conclusive proof, as against parties and privies. of facts directly in issue in the case, actually decided by the court. and appearing from the judgment itself to be the ground on which it was based; unless evidence was admitted in the action in which the judgment was delivered which is excluded in the action in which that judgment is intended to be proved”.;
Section 174(1): “If a judgment is not pleaded by way of estoppel it is as between parties and privies deemed to be a relevant fact, whenever any matter, which was or might have been decided in the action in which it was given, is in issue, or is deemed to be relevant to the issue in any subsequent proceeding”;
(2):”Such judgment is conclusive proof of the facts which it decides, or might have decided, if the party who gives evidence of it had no opportunity of pleading it as an estoppel”.
It can be seen that the decision of the Tribunal falls under the purview of section 61 of the Evidence Act, as the provisions of sections 59 and 60 and of sections 173 and 174 thereof, are clearly inapplicable to it. In other words, even though some Judge Paton’s findings in respect of Chief Ozekhome’s testimony at the Tribunal relate to matters of public nature (i.e., the provenance and status of No. 79 Randall Avenue, Neasden, London, U.K and the validity of his application for its transfer to him) none of those comments or even findings is in any way conclusive of whatever they may assert or state (to use the language of section 60 of the Evidence Act).
In this regard, see the case of DIKE V NZEKA (1986) 4 NWLR pt.34 pg. 144 @ 159 where the Supreme Court construed similar provisions in section 51 of the old Evidence Act, 1948. I agree with Tar Hon, SAN (S. T. Hon’s Law of Evidence in Nigeria, 3rd edition, page 1041) that the phrase ‘public nature’ in the provision is satisfied where the judgement is clearly one in rem as opposed to in personam. It is pertinent to say a few words about both concepts, as they differ widely in terms of scope. The former determines the legal status of property, a person, a particular subject matter, or object, against the whole world, and is binding on all persons, whether they were parties to the suit or not. See OGBORU V IBORI (2005) 13 NWLR pt. 942 pg. 319 @407-408 per I. T. Muhammed, JCA (as he then was).
This was amplified by the apex court in OGBORU V UDUAGHAN (2012) LLJR -SC, where it held, per Adekeye, JSC that: “A judgment in rem maybe defined as the judgment of a court of competent jurisdiction determining the status of a person or thing as distinct from the particular interest of a party to the litigation. Apart from the application of the term to persons, it must affect the “res” in the way of condemnation forfeiture, declaration, status or title”.
By contrast, “Judgments ‘in personam’ or ‘inter partes’, as the name suggests, are those which determine the rights of parties as between one another to or in the subject matter in dispute, whether it be corporeal property of any kind whatever or a liquidated or unliquidated demand but which do not affect the status of either things or persons or make any disposition of property or declare or determine any interest in it except as between the parties (to the litigation). See HOYSTEAD V TAXATION COMMISSIONERS (1926) A. C. 155. These include all judgments which are not judgments in rem. None of such judgments at all affects any interest which third parties may have in the subject matter. As judgment inter partes, though binding between the parties and their privies, they do not affect the rights of third parties. See CASTRIQUE V IMRIE 141 E. R. 1062; (1870) L. R. 4H. L. 414”.
Suffice it to say that the decision of the London Property Tribunal was, in substance, one affecting proprietary rights in rem, in the sense that it determined the status and registrability of the property in dispute. However, it did not determine any civil or criminal liability, nor did it pronounce on the personal culpability of any party. The implication of this is that, even though the decision was in respect of a matter of a public nature, it was, nonetheless, not conclusive as far as proof of the status of the property, or – more importantly – Chief Ozekhome’s role in relation to it. Indeed, the property involved was not held to have been traced to the owner (General Useni) as having ever tried or convicted for owning same. I submit that the foregoing is the best case scenario in terms of the value of Judge Paton’s said decision, because under section 62 of the Evidence Act, (depending, of course, on its construction), it will fare even worse, as it provides that judgments “other than those mentioned in sections 59. 60 and 61 are inadmissible unless the judgment, etc is a fact in issue or is admissible under some other provision of this or any other Act”.
CONCLUSION
Some people’s usual proclivity to rush to judgment and condemn unheard any person (especially a high profile figure like Chief Ozekhome), has exposed him to the worst kind of unfair pedestrian analysis, malice, mud-slinging and outright name-calling especially by those who, by virtue of their training, ought to know better, and, therefore, be more circumspect, restrained and guarded in their utterances. This is all the more so because, no court of competent jurisdiction has tried or pronounced him guilty. It is quite unfortunate how some select lawyers are baying for his blood.
The decision of the London Tribunal remains what it is: a civil determination on attempted transfer of a property based on the evidence before it. It is not, and cannot be, a substitute for civil or criminal adjudication by a competent court. The presumption of innocence under Nigerian laws remains inviolable. Any attempt by commentators to usurp that judicial function through premature verdicts is not only improper, but inimical to the fair administration of justice.
Related
Opinion
The Atiku Effect: Why Tinubu’s One-Party Dream Will Never Translate to Votes in 2027
Published
4 days agoon
February 5, 2026By
Eric
By Dr. Sani Sa’idu Baba
It is deeply disappointing if not troubling to watch a former governor like Donald Duke accuse Atiku Abubakar of contesting for the presidency “since 1992” without identifying a single provision of the 1999 Constitution of the Federal Republic of Nigeria that such ambition violates. Donald Duke was once widely regarded as one of the most intelligent and forward-thinking leaders of his generation, which makes it even more puzzling to understand what must have come over him to suddenly align with those throwing tantrums at others who are by far more competent, experienced, and eligible than themselves. While I acknowledge that Duke has recently moved to the ADC, the party that Atiku belongs to, Nigerians should not be distracted by his kind of rhetoric.
As former presidential candidate and ADC chieftain Chief Dele Momodu has repeatedly stated, “everyone is afraid of Atiku Abubakar,” particularly as the 2027 presidential election approaches. That fear, according to Momodu, explains the ongoing campaign of calumny against him. Donald Duke’s remarks therefore cannot be separated from this wider effort to diminish a man widely seen as the most formidable opposition figure in Nigeria today.
However, the issue of Donald Duke is not the central purpose of my message today. It is only incidental. The real purpose is to share what should be considered good news for Nigerians, the growing perception among ordinary citizens and the conversations happening daily at junctions, gatherings, markets, campuses, mosques, churches, and in the nooks and crannies of the country. The truth is that Nigerians are largely unbothered by the APC’s one-party state ambition. They are not impressed by forced defections or elite political gymnastics. What occupies their minds instead is the unrelenting presence of opposition, sustained hope, and the quiet but powerful confidence inspired by what has now become known as the “Atiku Effect”.
In my own opinion, which aligns with the thinking of many discerning Nigerians, no one in either the opposition or the ruling camps today appears healthier physically, mentally, socially and politically than Atiku Abubakar. Health is not determined by propaganda or ageism, but by function, resilience, and capacity. As we were taught in medical school, “healthspan, not lifespan, defines vitality,” and “physiological resilience is age-independent.” These principles make it clear that fitness, clarity of thought, stamina, cognitive and physiological reserve matter far more than the number of years lived. By every observable measure, Atiku remains fitter and more grounded than many who are younger but visibly exhausted by power.
It is no longer news that Nigeria is being pushed toward a one-party state through the coercion of opposition governors into the ruling APC. What is increasingly clear, however, is that this strategy reflects anxiety rather than strength. Nigerians understand that governors do not vote on behalf of the people, and defections do not automatically translate into electoral victory. This same script was played before, and history has shown that elite alignment cannot override popular sentiment. Just as it happened in 2015, decamping governors cannot save a sitting president when the people have already reached a conclusion.
This is where the Atiku Effect becomes decisive. Atiku Abubakar represents continuity of opposition, courage in the face of intimidation, and the refusal to surrender democratic space. His consistency reassures Nigerians that democracy is still alive and that power can still be questioned. This is precisely why Dele Momodu’s assertion that “everyone is afraid of Atiku Abubakar” resonates so strongly across the country. It is not fear of noise or recklessness, but fear of discipline, experience, and endurance.
Across Nigeria today, the ruling party is increasingly treated as the most unserious political party in the history of Nigeria, not because it lacks power, but because it lacks credibility. Nigerians know that hunger does not disappear because governors defect, inflation does not bow to propaganda, and hardship does not respond to political coercion. What they see instead is a widening gap between political theatrics and lived reality. In that gap stands Atiku Abubakar, a constant reminder that an alternative voice still exists and that the idea of a one-party state cannot survive where hope remains alive.
Let me say this unapologetically: the one-party project being pursued by the ruling party is dead on arrival. It is dead because Nigerians are politically conscious. It is dead because votes do not move with defections. And above all, it is dead because Atiku Abubakar remains standing, indefatigable, resilient, and central to the national conversation. As long as he continues to challenge bad governance and embody opposition, democracy in Nigeria will continue to breathe. And that, more than anything else, explains why so many are desperately trying and failing to stop him because Atiku Abubakar is a phenomenon and a force that cannot be stopped in 2027…
Dr. Sani Sa’idu Baba writes from Kano, and can be reached via drssbaba@yahoo.com
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