Opinion
That Crude Invasion on Justice Odili’s House: A Metaphor for a Failed State
Published
4 years agoon
By
Eric
By Chief Mike A.A. Ozekhome, SAN, OFR, FCIArb, LL.B, LL.M, Ph.D.
INTRODUCTION
Nigeria has become one huge joke. She has been so dehumanized in such a way as to generate one form of absurdity or another, on a daily basis. Nigeria has become a sickening contraption of one scandal per day.
Indeed, Nigeria, under the president Muhammadu Buhari government, does not practise democracy at all. Rather, it practises electonocracy, judocracy and executocracy. I will explain these terms I have personally coined from my personal lexical dictionary. “Electionocracy” is a system of government where elections are held as a ritual at intervals (4 years in the case of Nigeria), with the emergent elected or selected leaders, rather than giving the electors democracy dividends; merely stabilize themselves in power,and start looking forward to the next election.
“Judocray” is a genre of government practised in Nigeria, where Presidents, Governors, Legislators and LG Chairmen are thrown up in an election, enmeshed in legal callithenics, and get conceived, incubated and delivered in the hallowed precincts of our courts; rather than true the ballot box.
“Executocracy”, as practised in Nigeria, is an aberrant form of government where the executive arm of government acts in torrerem of other arms of government, browbeat, intimidate, harass and subjugate them. It is usually headed by a maximalist, autocratic, dictatorial head, who views himself as Loius XIV of France. Loius XIV was so intoxicated with the effect of liquor-inebriating power that in 1655, he proudly stood in front of parliament and declared “L’etat, C’ est moi” (I am the state). He said this to indicate his complete hold on power.
JUSTICE MARY ODILI AND AN INTIMIDATED JUDICIARY
The case of cerebral, apolitical and fecund Jurist, the honourable Justice Mary Ukaego Peter-Odili, whose judgements drip with intellectual depth and breadth,has once more thrown up the quagmire the judiciary faces as the third arm of government. As far back as the 1780s, three great American Federalists, Alexander Hamilton, John Jay and James Madison, theorized on the different aspects of checks and balances between the three arms of government- the Legislature, the Executive and the Judiciary. This doctrine of separation of powers had, in 1778, been popularized by the great French philosopher and jurist, Baron de Montesquieu.
In his federalist paper No. 78, Hamilton theorized that the Judiciary is the weakest of the three branches of government, because it has “no influence over either the sword or the purse, …… it may truly be said to have neither FORCE nor WILL, but merely judgment”. This was as far away as May 28, 1788.
Predicated on this, successive Nigerian governments- colonial, military and civilian- have always, to varying degrees, been intimidated, harassed, terrorized and overawed by the judiciary. The courts, like the proverbial phoenix that rises from its ashes, have refused to be obliterated. Thus, in the Military Governor of Lagos State v. Ojukwu (1986)- LPELR-3600 (SC), the Supreme Court warned that the rule of law must be obeyed even under military dictatorships. See also A.G of the Federation v. Guardian Newspaper Ltd (1999)-LPELR-3162 (SC).
THE CRUDE RAID ON JUSTICE MARY ODILI’S HOUSE
In the night of Friday, 29th October, 2021, some fully armed security agents crudely invaded the serene house of Justice Odili at No. 7, Imo River Street, Maitama, Abuja. A senior counsel who had heard the breaking news alerted me. The human rights activist in me immediately snapped; and I rushed to the house, wearing only trousers and a long sleeve shirt, right on my way from the Nnamdi Azikiwe Airport to my home in Abuja (from Lagos). I met that the security agents had just retreated to the shadows of the trees around the area. They were either scared or ashamed of their crude and bizarre act. Indeed, the rapid emergence of human traffic from the vicinity must have forewarned the agents of darkness that October 29, 2021, was quite different from late Friday night on October 8, 2016, till the early hours of Saturday. This was when hooded DSS operatives invaded the serene houses of Justices Adeniyi Ademola, Nnamdi Dimgba; the CJN, Justice Walter Onnoghen and Justice Sylvester Ngwuta, JSC.
Justices Dimgba, Ademola and Ngwuta were later exonerated from any wrong doing or malfeasance. No one in government apologized to them. Justice Onnoghen, a whole sitting CJN, was not so lucky. He was hunted down and hounded out of power through an exparte court order issued by the Code of Conduct Tribunal (CCT), an inferior tribunal of record not even recognized under section 6(6)(a) of the 1999 Constitution. As a southerner, perhaps, he was not entitled to sit on the revered seat of the CJN; the first ever since Justice Ayo Gabriel Irikefe (1985-1987). Nigeria, we hail thee.
THE FAKE AND PHONEY SEARCH WARRANT
To be sure, Justice Odili is not any ordinary Judge or Justice. She is the second most ranking Justice of the Supreme Court, next only in rank to the Chief Justice of Nigeria (CJN), the Hon. Justice Tanko Mohammed.
A search warrant dated 29th October, 2021, had been procured by one CSP Lawrence Ajodo, who claimed to be attached to the “Joint Panel Recovery Ministry of Justice”. This panel is said to be comprised of agents from the EFCC, the Nigeria Police and personnel from the Ministry of Justice.
One Aliyu Umar of “No. 9, Maigoro Street, Niger State” (never heard of any address without the name of a village, city or town; except the state), had paid #500 and deposed to an affidavit as far back as 13th October, 2021. This was 16 clear days before 29th October, 2021.
Umar’s affidavit did not even mention Odili’s name or address. He merely deposed that he had “observed some illegal activities to be going on in some Houses within Abuja and its environs”; and that “all information provided by me to the EFCC is true and correct to the best of my knowledge”.
Based on this inchoate and incoherent affidavit not worthy of the paper it was written on, one CSP Lawrence Ajodo applied for a search warrant 15 days later, on 28th October, 2021. The application addressed to the Chief Magistrate Court, Zone 6 Wuse, Abuja, was headed ‘Application for your requisite consent and to issue to me CSP Lawrence Ajodo Force AP No: 201192 attached to Joint Panel Recovery under Ministry of Justice, a search warrant to enable me carryout investigation of compliant on oath by Mr Aliyu Umar Ibrahim, about illegal activities at No. 9, Imo Street, Maitama, FCT, Abuja’.
Armed with this application, Chief Magistrate Emmanuel Iyanna, immediately approved the search warrant. When the bubble burst with public ruckus and widespread uproar, the Chief Magistrate beat a hasty retreat and annulled his order immediately, in the following words:
“upon misrepresentation to the honourable court that led to the issuance of a search warrant in favour of Joint Recovery, Ministry of Justice against House 9, Imo Street, Maitama, Abuja, dated October 28, 2021. In view of the above fact search warrant is hereby revoked”.
THE GREAT MISCHIEF
The search warrant clearly bears No 9, Imo Street, Maitama. How did that metamorphose into Justice Odili’s No 7, Imo River Street, Maitama. If it was not premeditated to deliberately embarrass Justice Odili, why did the security agents not mistakenly go to other nearby streets, such as Imo River Close, River Niger, River Benue, Nike Lake and Ekoro Oruro River Streets? What is the connection between No. 9, Imo Street and No. 7, Imo River Street? I cannot find it. Or, can you? CSP Ajodo had been directed by Chief Magistrate Iyanna to investigate the “commission (or suspected commission) of the offence of illegal activities suspected to prone to crime (sic) at No. 9, Imo Street Maitama, Abuja”. So, why did the security team go to No. 7, Imo River Street?
How did “some illegal activities going on in some houses in Abuja” which never listed Odili’s house, metamorphose into her serene home where the learned Jurist was perhaps busy poring away on legal matters?
WIDESPREAD PUBLIC CONDEMNATION
I believe this invasion was obviously targeted to once more embarrass Justice Odili, as security agents had done in February, 2020, after she presided over a panel that delivered the Bayelsa governorship election appeal at the Supreme Court. They did not care that she never read the lead judgement; and that even if she had, she could not have forced the other four Justices to agree with her position. But, this time around, the Nigerians could take none of it. They struck. As a lawyer and rights activist who was physically present, ‘korokoro eyes’, at the scene of the dastardly invasion, I immediately condemned it as being politically motivated, ruling out the possibility of a honest mistake. Governor Nyesom Wike of Rivers State literally breathed fire, condemning the seige and calling for immediate justice. Vibrant and courageous NBA President, Mr Olumide Akpata, rose to the occasion in a statement issued on behalf of the NBA:
“The Nigerian Bar Association (“NBA”) received with grave concern the news of the unlawful siege on the Abuja residence of a Justice of the Supreme Court of Nigeria, Honourable Justice Mary Ukaego Peter-Odili, last night by officers of one or more of the Nigerian security agencies.
Almost 24 hours later, information concerning the basis of the siege remains hazy and the subject of speculation, apart from reports that the invasion was pursuant to a search warrant issued by a Magistrate Court in Abuja, which search warrant has now been revoked.
The Honourable Attorney-General of the Federation under whose office the team that purportedly carried out the raid is allegedly domiciled has also denounced the team, which suggests the inference that the residence of the second most senior judicial officer in Nigeria was raided by rogue security agencies. The grave implications of this possibility leave a lot to be desired.
When viewed in the context of a similar raid on the premises of Supreme Court Justices in 2016, the rationale of which was never fully explained or indeed justified, the NBA interprets last night’s incident as a part of an orchestrated affront on the Judiciary, designed to intimidate and ridicule the Judiciary. The NBA will no longer allow this to continue.
In case the law enforcement agencies have not learnt their lessons, events like this do nothing but erode the independence of sacred democratic institutions like the Judiciary, undermine the rule of law in Nigeria, and set the country back in the quest to instil confidence in citizens of Nigeria, Nigerian businesses, and foreign investors that Nigeria operates a democracy with an independent Judiciary…
To be clear, last night’s event is an affront on the Judiciary and grossly undermines the democracy that we profess to practise…the aims and objectives of the NBA include the protection and defence of the independence of the Judiciary and the Rule of Law in Nigeria, we will be convening an…”.
The Body of Senior Advocates of Nigeria (BOSAN), the registered umbrella body of revered silks, added its weighty, silky voice thus, after meeting with Attorney-General of the Federation, Abubakar Malami, who flatly denied involvement of his ministry: “When judges’ lives, careers, security and safety, when their independence is threatened, then democracy is also threatened”. BOSAN, through Chief Adegboyega Awomolo, SAN, also met with the CJN, warning that “The body of SANs is very concerned about lives, security and safety of our judicial officers anywhere and everywhere”.
In a rare show of engaging the public after years of lacerating and excruciating humiliation in the hands of the Executive, the apex court of Nigeria crawled out of its self-imposed cocoon, through its Director of Information, Dr Festus Akande.It warned that “the Judiciary should not be misconstrued by anyone or institution of government as the weeping (perhaps, whipping) child among the arms of government”. He went further: “This incident appears to be in isolation but we cannot let it be swept under the carpet. The incident must be investigated and investigated thoroughly. Nigerians are interested in this matter. It should not be politicised; it’s a matter of grave, political and constitutional importance.
There are three arms of government: the executive, the legislature and judiciary. One is not supposed to be in ambush or overriding the other or threaten the other’s existence, otherwise democracy is at risk”.
Other bodies, groups, organizations have risen up to condemn this rape of the Judiciary, some with very caustic words.
THE LEGAL POSITION
To remove a judge, it must be in accordance with the Constitution; not arbitrarily, whimsically and capriciously.
Section 158 and Paragraph 21 Part 1 of the Third Schedule of the 1999 Constitution clearly empowers the National Judicial Council (NJC) with the power to handle all complaints. This position was accorded judicial imprimatur in the case of Nganjiwa Vs. Federal Republic of Nigeria (2018) 4 NWLR(Pt.1609) 301, where the Court of Appeal held that “if any judicial officer commits a professional misconduct within the scope of his duty and is investigated, arrested and subsequently prosecuted by security agents, without a formal complaint report to the NJC, it will be a usurpation of the latter’s constitutionally guaranteed powers under Section 158 and Paragraph 21 Part 1 of the Third Schedule, thereby inhibiting the NJC from carrying out its disciplinary control over erring judicial officers as clearly provided by the Constitution… it is only when the NJC has given a verdict and handed over such judicial officer (removing his toga of judicial powers) to the prosecuting authority that he may be investigated and prosecuted by the appropriate security agencies”. This decision means that the independence of the Judiciary and judicial officers is wholly guaranteed and that no security agency or prosecuting authority in Nigeria, however highly placed, has the power to investigate, arrest, detain, or prosecute a sitting judicial officer, without first referring the matter to the NJC, and await the outcome and directive of the said NJC.
SO, WHO DID IT?
The question remains: with the AGF, IGP, EFCC, and other security agencies denying complicity, who did it? Who wanted Justice Mary Odili dead, maimed, humiliated or disgraced out of office when she has just till May 12, 2022, to honourably retire from the Bench at 70, after serving her country meritoriously? And why? They must all be fished out promptly, tried and punished in accordance with the laws of the land. In addition, the Federal government through the relevant authorities must render a PUBLIC APOLOGY and make restitution to Justice Mary Ukaego Peter-Odili, who, during the event, was badly shaken and put in great danger of life and security, with her entire household. This case is not such as can be swept under the carpet in the usual Nigerian manner. NO!!!
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Opinion
The Extraordinary Educational Legacy of the Fani-Kayode Family
Published
3 days agoon
February 11, 2026By
Eric
By Emmanuel Owabor
There is no other family in the history of Africa in which there are five generations of graduates from Oxbridge-level universities.
From 1893 when Rev. Emmanuel Adelabi Kayode (Chief Femi Fani-Kayode’s great grandfather) graduated with honors with a Master of Arts degree in theology from Durham University, to 1922 when Justice Victor Adedapo Kayode (Chief Femi Fani-Kayode’s grandfather) graduated from Cambridge University with a law degree, to 1943 when Chief Remi Fani-Kayode (Chief Femi Fani-Kayode’s father) graduated from Cambridge University with a law degree, to 1984 when Chief Femi Fani-Kayode himself graduated from Cambridge University with a law degree, no family in Nigeria or indeed Africa and few in the world have had four generations of graduates from these elite institutions from such an early age.
The fifth generation of Oxbridge-level graduates was led by Chief Femi Fani-Kayode’s eldest daughter, Miss Folake Fani-Kayode, who graduated with a degree from Durham University in 2009 (like her great, great grandfather, Rev. Emmanuel Adelabi Kayode had done, 116 years earlier.
Since then numerous other children of Chief Femi Fani-Kayode have graduated from top British and western Universities.
This represents an extraordinary legacy of first class education from the best Universities the world for five uninterrupted generations.
No other Nigerian or African family has achieved this and very few even in the Western world.
Emmanuel Owabor is a Director of Content Service, a Public Policy Expert and a Public Affairs commentator of many years. He can be reached via owabor.e@gmail.com.
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Opinion
A Holistic Framework for Addressing Leadership Deficiencies in Nigeria, Others
Published
1 week 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
1 week 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.
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