Connect with us

Opinion

The Oracle: Ethics and Discipline in Law: Akin to Waiting for Godot (Pt. 6)  

Published

on

By Mike Ozekhome

INTRODUCTION

Legal practitioners, as guardians of the law, play a significant role in the preservation of society. As a result, it is the obligation of legal practitioners to maintain the highest standards of ethical conduct. The fulfillment of this role requires an in-depth analysis by legal practitioners of their relationship with and their function in our legal system. Today, we shall continue our discourse.

ETHICS IN THE LEGAL PROFESSION: HISTORY, NATURE AND MEANING OF ETHICS (continues)

Man was thereby ejected from the cherished garden for not keeping to the ethics attendant thereto, and that to his chagrin. This constitutes the first sanction for failure of ethics. In ancient Rome, they talked about exadiligentia, especially when it involves the business of others. Ethics demands exatadeligentia in regard to everything. It could not be less for it to be ethical. Ethics consist of what ought to be – deferenda. It is objective as against its subjective counterpart “What is” – de lata. What ought to be, also deals with common sense ethics viz; what do we expect will be done in the circumstances? Ethics in its wider sense affects princes, and slaves alike, it has neither physical nor class boundary, it is universal. It postulates that no man is an island of himself entirely. Ethics may be defined simply as the performance of excellence, doing the right thing, at the right time, be it in business, profession or even in ordinary day life.

Ethics demands a round peg in a round hole and will have nothing to do with a spare peg in a round hole. However, ethics, within which the Rules of Professional Conduct for Legal Practitioners 2007 is concerned about, crystallizes in the good, positively rejecting the bad and the ugly and dwelling on the mores in the acts or actions of lawyers in all they do. With ethics, there is no partiality, no scapegoat and no sacred cow. Ethics generally craves for honesty, decorum, reliability, trust and reliance to deserve the appellation – ethics. Ethics indeed deals with ideal human conduct.

WHAT IS REQUIRED OF A PROFESSIONAL IN ETHICS

The legal profession is ideally not open to all manner of persons because in the words of the Supreme Court of Nigeria in the case of N.B.A VS. OHIOMA, it was stated thus:

“Legal practice is a very serious business that is to be undertaken by serious minded practitioners particularly as both the legally trained minds and those not so trained always learn from our examples. We therefore owe the legal profession the duty to maintain the very high standards required in the practice of the profession in this country.”

Ethics demands from a lawyer that his client must have absolute confidence in him. Ethics demands that he knows his duty to the court. On these issues, Honourable Kayode Esso enunciated two commandments:

 

  1. A lawyer shall never be rude, insolent or insulting to the court. The above commandment however imports respect to judges but not a commandment for lawyers to fear judges or be intimated by them. This is because part of the qualities a judge expects from an advocate is:

Simplicity of presentation i.e. lucidness.

Selectivity i.e. ability to separate the relevant from the irrelevant.

Straight forwardness – ability to go straight to the point. Avoiding being garrulous).

Brevity.

Candour (Court detests deceitful counsel).

Resilience (ability to argue with conviction)

Proper presentation (court must perceive you as thorough in your presentation)

Courage, but not recklessness.

In the case of ETIM VS OBOT the Court of Appeal deprecated counsel’s use of the words ‘strange’ and ‘mysterious’ in describing the judgment of the lower court as not only inappropriate but also inconsistent with high ethical standard of the profession.

Secondly, a judge shall never be rude, even as a result of, or over sensitive to remarks made about or against him in the court. In this respect, it is the ethics of the legal profession that insults are better treated with disdain. The legal practitioner’s duty to the court is higher and more important than his duty to his client. Therefore misleading the court to obtain a judgment for a client is seen as a miscarriage of justice. General knowledge of almost all aspect of practice is advocated while pomposity is to be eschewed. The dress a legal practitioner wears in and out of the court is a reflection of his state of mind. A legal practitioner in Nigeria is expected to be tidy, respectable and sober not necessarily flamboyant. Lateness to court is unethical. A legal practitioner is expected to wait for the court and not the court to wait for him. The responsibility of a legal practitioner to his client and the court extends to knowing the facts of his client’s case, relevant laws, statutes, rules of court, case law, strength and weakness of a client’s case and trying as much as possible to avoid mistakes.

It is ethical for a legal practitioner to know his judge. The rule is that no two human beings are the same. By extension also, no two judges are the same, each judge has his or her own sensitivity, peculiarities of approach and attitude. One must therefore learn how to adopt.

It is unethical to allow or encourage a client to disobey a court order. It is part of the ethics of the legal profession in Nigeria for lawyers to accept briefs pro-bono public (for public good), that is without charging any professional fees.

It is part of the ethics of the legal profession for lawyers, working in the Attorney General’s Chambers whether at the State or Federal Level, to be guided by the “SHOWCROSS DOCTRINE” and not to allow external influences or politics or money considerations to influence their decisions in “whether or not to prosecute”. Yielding to any of these considerations may have a catastrophic effect.

Judges in Nigeria are required to be impartial unto dismal and even unto death. Honourable Justice Kayode Esso remarked as follows:

“… It is the duty of every Judge, after his appointment, conscientiously, to stand clear of all odium. In this sense, he gives no cause whatsoever to be suspected of a process to anything that is shady. He, like linen, remains stainless but more so he guards against stain…

DISCIPLINE

The issues of the ethics and disciplines in society are the study of the problems of peace, order and stability. No form of social grouping can be maintained without the solid foundation of ethic and discipline. They are derived from the normative and value systems of society. They enhance group dynamism, social cohesive and solidarity among members.

Let us consider the above in the way we live and grow in different groups/units such as home, school, market places, working environment, mosques and churches. Why are we not in a state of disorder, conflicts and instability? It is because from these social units, we learn to share and respect common values, norms, goals and aspiration based on daily interaction and relationships. This enable us to share common set of meanings and symbols, together with the feeling of unity, solidarity and a system of mutual obligations to group.

Why is there a need for discipline in society? Discipline is very essential to society because it serves important functions. It makes society able to avoid complex situations of chaos, instability, unrest and other forms of violence. It provides positive orientation to members and provides a means of collective mobilization for societal development. Discipline makes it possible to predict individual and group behaviour under different situations. It also helps society to check activities of deviants and other law-breakers in society. In general ethics and discipline have the advantage of ensuring proper and effective functioning of the individual within a definite and defined societal goals and aims.

DISCIPLINE AND INDISCIPLINE EXPLAINED

Discipline can be generally defined as a set of rules for conduct. It is acknowledged in every society. Its character is defined by different social and cultural contexts and time dimension. It is moralistic and ethical.

Discipline also refers to training, especially of the mind and character to produce self control, and habits of obedience. In sociological terms, disciplined person is therefore, a well-socialized individual. The above is made possible/impossible, successful/unsuccessful through the process of socialization. According to Paul B. Horton and Hunt, socialization is the process whereby an individual internalizes the norms of the group so that a distinct “self” emerges, that is unique to this individual and conscious of social rules and regulations.

Indiscipline is the opposite of discipline. It consists of perverse or debases activities. It means lack of discipline or the growing of or increase in indiscipline over time. In Nigeria, activities that are considered as indiscipline include; Rigging and other forms of electoral malpractices, succession bids by politicians, bribery corruption and perversion of the administration of justice, flamboyant demonstration of individual’s materialistic possession in the midst of social poverty, forgery, drug abuse, child abuse, child and female trafficking, financial misappropriation, all forms of dubious deals like advance payment/fee fraud and (149) activities.

FORMS OF INDISCIPLINE

The causes of indiscipline are as varied as the types of indiscipline that we have. These can be categorized under five distinct areas or typologies:-

Political Indiscipline: this means any form of pervasion of the political process in general or electoral process in particular. Examples are rigging, bungled registration exercise or failure to conduct elections where and when it is supposed to, use of a touts to manipulate election, etc.

Economic indiscipline:   This involves the use of and manipulation of institutional regulations by those in position of authority to hasten or shorten organizational procedures for their personal benefits, for friends and associates.  Examples   are manipulations of foreign, exchange, award of contract and any use of one’s official position for profit motive.

Bureaucratic Indiscipline: This forms the most popular form of indiscipline. Generally, it means the use of any illegitimate governmental process in the conduct of public office. Examples are bribery and corruption, lack of probity and accountability. (To be continued).

THOUGHT FOR THE WEEK

“In just about every area of society, there’s nothing more important than ethics”. (Henry Paulson).

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Opinion

A Vindicating Truth: A Factual Presentation on the Supreme Court’s Intervention in the ADC Leadership Matter

Published

on

By

By Comrade IG Wala

To All Nigerians, Party Stakeholders, and Lovers of Democracy,

In the life of every great political movement, there comes a moment where the noise of confusion meets the silence of the Law. For the African Democratic Congress (ADC), that moment arrived on April 30, 2026.

For months, the ADC was held in a state of judicial paralysis caused by a lower court order that froze the party’s activities. This order did not just affect a few leaders, it threatened to delete the ADC from the Nigerian political map and disenfranchise millions of supporters ahead of the 2027 General Elections.

Today, we present the facts of the Supreme Court’s intervention to ensure that every Nigerian, from the city centers to the grassroots, understands that Justice has spoken, and the ADC is alive.

The Three Pillars of the Supreme Court’s Ruling:

1. The End of Paralysis (The Status Quo Order)!

The Supreme Court, led by Justice Mohammed Garba, was clear and firm: the Court of Appeal’s order to maintain a “status quo” was improper and unwarranted. The apex court recognized that you cannot freeze a political party indefinitely without a trial. By setting this aside, the Supreme Court rescued the ADC from a leadership vacuum that was being used to justify de-recognition by INEC.

2. The Restoration of Administrative Legitimacy.

By nullifying the appellate court’s freeze, the Supreme Court effectively restored the David Mark-led National Working Committee to its rightful place. This means that for all official, administrative, and electoral purposes, the ADC now has a recognized head. The party is no longer a ship without a captain; the doors of the headquarters are open, and the party’s name remains firmly on the ballot.

3. The Order for a Fresh Trial on Merits.

True to the principles of fair hearing, the Supreme Court did not simply gift the party to one side. Instead, it ordered the case back to the Federal High Court for an accelerated hearing. This is a victory for the Truth. It means the court is not interested in technicalities or stopping the clock, it wants to see the evidence, read the Party Constitution, and deliver a final judgment based on the Right vs. Wrong.

Note: I will drop the 7 prayers made to Supreme Court by ADC in the comment section.

A Message to Our Members and Supporters.
To our members who have felt a sense of fear, apprehension, or a lack of confidence in the Nigerian courts, let your hearts be at peace.

It is a delusion to believe that gross injustice can simply walk through the doors of our highest courts unnoticed. This matter is currently one of the most publicized and people-centric cases in Nigeria. In such a bright spotlight, the Judiciary acts not just as a judge, but as a shield for the common man.

The Law is not a tool for the crafty, it is a searchlight for the Truth.
Inasmuch as they say the Law is blind, it sees with perfect clarity the difference between a lie and the truth, between right and wrong. The Supreme Court’s refusal to let the ADC be strangled by procedural delays is proof that the system works for those who stand on the side of justice.

Our confidence is not in personalities, but in the Process. We are returning to the Federal High Court not with fear, but with the armor of Truth.

The Handshake remains strong, the vision is clear, and our participation in the 2027 elections is now legally anchored.

Stand tall. The ADC has been tested by the fire of the courts, and we have emerged not just intact, but vindicated.

Signed,
Comrade, IG Wala.
02/04/26. — with Shareef Kamba and 14 others.

Continue Reading

Opinion

The Police is Your Friend and Other Lies We No Longer Believe

Published

on

By

By Boma Lilian Braide (Esq.)

There was a time in Nigeria when the phrase The Police is Your Friend was not a national joke. It was a civic assurance, a symbolic handshake between the state and its citizens. It represented the ideal of a civil security architecture built on trust, service, and protection. Today, that once reassuring slogan has decayed into a bitter irony. It no longer evokes safety; it provokes fear. It no longer signals partnership; it signals danger. What should have been the soul of Nigerian civil state relations has become a cruel parody of our lived experience at checkpoints, stations, and on the streets.

The Nigerian security apparatus has undergone a transformation so profound that it now resembles a predatory machine rather than a protective institution. The sight of a police patrol vehicle, which should ordinarily bring comfort, now triggers anxiety. Citizens instinctively brace themselves, not for assistance, but for extortion, harassment, or violence. We are not merely witnessing isolated incidents of misconduct. We are watching a pattern of state enabled brutality unfold in real time, a pattern so consistent that it feels like a televised execution of the social contract. In this grim theatre, the Nigerian state often appears not as the protector but as the principal aggressor.

On Sunday, April 26th 2026, the quiet air of Effurun in Delta State was shattered by the crack of a service pistol. What should have been an ordinary Sunday afternoon became the final chapter in the life of twenty-eight year old Mene Ogidi. A viral video, barely two minutes long, captured the horrifying scene. Ogidi sat on the dusty ground, his hands tied behind him with a rope. He was unarmed, exhausted, and pleading in his mother tongue for a chance to explain himself. Standing over him was a man in plain clothes, a man sworn to protect the very life he was about to extinguish. Assistant Superintendent of Police Nuhu Usman raised his pistol and fired two shots at close range into the body of a restrained, helpless citizen.

This was not a confrontation. It was not a crossfire. It was not a struggle for a weapon. It was an execution. A daylight assassination carried out by a state paid officer who felt so insulated by impunity that he performed his violence in front of a digital audience. The collective outrage that followed was not simply about one death. It was the eruption of a nation that has watched this script repeat itself far too many times.

Barely days later, in Dei-Dei Abuja, another life was cut short. A National Youth Service Corps member was shot inside his father’s compound. Authorities described it as a mistake during a crossfire, but the silence that followed spoke louder than any official explanation. These tragedies are not anomalies. They are symptoms of a deep institutional rot, a rot that has turned the badge into a license for violence rather than a symbol of service.

Extrajudicial killings in Nigeria represent a direct assault on the fundamental right to life and the presumption of innocence. When a law enforcement officer assumes the roles of accuser, judge, and executioner, the very foundation of the state begins to crumble. In the case of Mene Ogidi, the Delta State Police Command admitted that the officer acted in gross violation of Force Order 237, the regulation governing the use of firearms. This admission is significant because it reveals that the problem is not the absence of rules. The problem is the collapse of discipline, the erosion of accountability, and the entrenchment of a culture of impunity.

Between 2020 and 2025, Nigerian security agencies were implicated in nearly six hundred violent incidents against civilians, resulting in more than eight hundred deaths. The Nigeria Police Force accounted for over half of these fatalities. These numbers paint a disturbing picture. The institutions funded by taxpayers to provide security have become one of the greatest threats to their safety.

The psychology behind this brutality is rooted in the absence of consequences. When officers believe that nothing will happen after they pull the trigger, the threshold for using lethal force drops to zero. In the Effurun case, reports suggest that the suspect was even transported to a station after the initial shooting, only to be shot again. This level of cruelty reflects a complete dehumanization of the citizenry. The victim is no longer seen as a person with rights. He becomes a disposable suspect. This mindset is a legacy of the defunct SARS unit, whose methods and mentality continue to shape policing culture. Rebranding SARS into SWAT or the Rapid Response Squad means nothing if the same men, trained in the same violent ethos, continue to operate with the same predatory instincts.

The Nigerian police system has evolved from a flawed institution into what many citizens now describe as a state sponsored cartel. The Zero Tolerance mantra often repeated by the Inspector General of Police, Olatunji Disu, has become a public relations slogan that evaporates at every checkpoint. The immediate dismissal and recommended prosecution of ASP Usman and his team may satisfy the public’s immediate hunger for justice, but it does not address the deeper institutional vacuum that allowed an officer to believe he could execute a restrained suspect without consequence. If accountability only occurs when a video goes viral, then we are not being policed. We are being hunted by a uniformed gang that is occasionally caught on camera.

This raises critical questions. Where were the superior officers? Where was the Area Commander while this culture of execution was taking root? Command responsibility in Nigeria remains a myth. Until a Commissioner of Police is removed for the actions of their subordinates, there will be no internal incentive to reform. The decay is structural. We are recruiting frustrated individuals, training them in aggression rather than professionalism, and unleashing them on a population they are conditioned to view with suspicion and contempt.

The mistake narrative used in the Abuja NYSC shooting reflects this tactical incompetence. A professional force does not mistake a youth corper in his bedroom for a combatant. Nigerians are effectively subsidising their own endangerment, paying for the bullets that cut down their brightest young citizens. A nation cannot survive this level of uniformed recklessness. The state has lost its monopoly on violence to its own agents. When police officers fear the citizen’s camera more than they respect the citizen’s life, the system has failed.

Five years after the historic 2020 End SARS protests, the systemic reforms promised by government remain largely unfulfilled. Only a handful of states have implemented the recommendations of the judicial panels or compensated victims. The National Human Rights Commission reported in July 2025 that it had received over three hundred thousand complaints of abuses. This staggering figure reflects the scale of the crisis. While the current Inspector General has introduced new regulations to align the Police Act of 2020 with operational realities, the gap between a gazetted document in Abuja and a patrol team in Delta remains vast.

The solution to this bloodletting must be radical and structural. First, police oversight must be decentralised. Relying on Force Headquarters in Abuja to discipline an officer in a remote community is inefficient and ineffective. Each state should have an independent, citizen led oversight board with the authority to recommend immediate suspension and prosecution without interference from the police hierarchy.

Second, Force Order 237 must be overhauled to strictly limit the use of firearms to situations where there is an immediate and verifiable threat to life. Under no circumstances should a restrained or surrendering suspect be shot.

Third, Nigeria must address the mental health and welfare of police officers. Men who live in dilapidated barracks, earn inadequate wages, and operate under constant stress are more likely to lash out at the public. However, poverty cannot be an excuse for murder. Welfare reform must go hand in hand with strict accountability.

Finally, justice must not only be done but must be seen to be done. The trial of ASP Usman and others like him should be public, transparent, and swift. It must serve as a deterrent that resonates in every police station across the country. The era of secret disciplinary rooms must end. Nigeria must invest in technology driven policing, not only in weapons but in body cameras and digital accountability systems. When officers know they are being recorded, hesitation replaces recklessness.

A NATIONAL CALL TO ACTION

The era of Orderly Room secrecy must end. Nigeria must decentralise police disciplinary trials, moving them from closed sessions in Abuja to open, civilian led inquiries in the states where the abuses occur. A National Firearms Audit is urgently needed. Every officer must account for every round issued, and any missing ammunition should trigger automatic suspension for the entire chain of command.

The National Assembly must fast track the Victims of Police Brutality Trust Fund, ensuring that compensation becomes a legal right funded directly from the budgets of offending commands. Nigeria must stop being a nation of post script outrage. Command responsibility must become law. If an officer under a Commissioner’s watch executes a handcuffed suspect, that Commissioner must lose their job alongside the shooter.

The blood of Mene Ogidi and the NYSC member in Dei Dei is a stain on our national conscience. It is a reminder that as long as one Nigerian can be tied up and shot without trial, no Nigerian is truly safe. Silence is no longer an option. Waiting for the next viral video is no longer acceptable. The time to demand change is now.

Continue Reading

Opinion

Kwankwaso-Obi Anti-Coalition Alliance and the Perception of the North

Published

on

By

By Dr. Sani Sa’idu Baba

Let’s not sugarcoat it, what is unfolding is not just political maneuvering for 2027, but a carefully calculated roadmap to 2031. Anyone who believes Rabiu Musa Kwankwaso is acting out of patriotism or prioritizing Nigeria above his personal ambition is simply ignoring the pattern before us. His willingness to deputise Peter Obi is not born out of ideological alignment or national interest, it appears to be a strategic move aimed at one target weakening Atiku Abubakar and ensuring he does not emerge as president in 2027.

Kwankwaso’s real calculation seems anchored in 2031. He understands that as long as Atiku remains active and contesting, his own presidential ambition struggles to gain traction, especially in the North where Atiku’s influence remains deeply rooted. By positioning himself in a way that could undermine Atiku now, he potentially clears the path for himself later, when he can conveniently lean on the “it is the turn of the North” narrative with stronger moral leverage. This is not about helping Obi win, it is about ensuring Atiku is completely removed from the equation.

It is also important to state plainly that Kwankwaso is fully aware of his electoral limitations in this arrangement. He knows he cannot significantly attract Northern votes for Obi beyond a few pockets, even within Kano State. And even there, the good people of Kano are far more politically aware and discerning than to be swayed purely by sentiment. This makes the entire proposition even more questionable, if the electoral value is limited, then the intention behind the alliance becomes even clearer. It suggests that even if he joins an Obi ticket, it is not driven by a genuine commitment to Obi, the Igbo, the South-East or Nigeria but by a broader personal calculation.

Northerners must understand that this is a long game, and every move appears deliberately designed. Kwankwaso seems cautious not to overtly confirm growing suspicions that he is working, directly or indirectly, to the advantage of Bola Ahmed Tinubu. Yet, many are beginning to connect the dots. The belief that there is an underlying alignment is gaining ground, especially when actions repeatedly result in one outcome, a divided North that weakens its collective electoral strength, a repeatation of 2023 in a different style. The alignment of Kwankwaso’s political godson and the governor of Kano Abba Kabir Yusuf with Tinubu only fuels this perception, suggesting a dual-front approach: one operating directly and visibly, the other indirectly and subtly.

This is not the first time such a pattern is being observed. Many Northerners still recall similar dynamics from 2023, and recent developments have only intensified the conversation. In fact, within just the last 24 hours, the level of criticism and open dissatisfaction directed at Kwankwaso across Northern Nigeria has been unprecedented. What was once dismissed as mere suspicion of a quiet alliance is now, in the eyes of many, being confirmed by actions seen as disruptive to any meaningful coalition.

For Kwankwaso, this moment carries significant weight. The long-circulating “sellout” label, which many had hesitated to firmly attach, now appears to be finding a resting place in public discourse. Should he once again position himself outside a collective Northern arrangement, that perception may become permanently entrenched.

The implications for the North are serious. Voting Obi because of Kwankwaso, which is unlikely, could fracture an already consolidated political base, reduce its bargaining power, and ultimately produce outcomes that do not reflect its true strength. The North has never historically rejected a dominant figure like Atiku in favor of a subordinate position, nor has it embraced a configuration where its most established candidate is sidelined. The idea that the region would choose Kwankwaso as a deputy while overlooking Atiku as a president is not just improbable, it runs contrary to established Northern political behavior.

What is at stake goes beyond individual ambition. The North is fully conscious of the stakes and increasingly resolute in its direction. There is a growing determination to stand firmly behind its own Atiku Abubakar, to protect its collective political strength, and to resist any arrangement that appears designed to divide it. The signals are clear, the North has decided, and it will not fall into what many perceive as calculated traps, whether from Kwankwaso or from forces seen as working against its cohesion and democratic leverage….

Dr. Sani Sa’idu Baba writes from Kano, and can be reached via drssbaba@yahoo.com

Continue Reading

Trending