Opinion

The Oracle: Critiquing Judges and Judgements: The Dividing Line (Pt. 1)

Published

3 years ago

March 31, 2023

Eric

By Mike Ozekhome

INTRODUCTION

The Nigerian Judiciary has in recent times, been in the eye of the storm, as it faces a barrage of criticisms over some judgments by the courts, especially Supreme Court, which came under very close scrutiny. This has generated much ruckus, donnybrook, and rhubarb.

Some of these judgements have drawn the ire of all manners of critics, some genuine; some analytical; some pseudo; and some political. Some critics directed needless crude and caustic umbrage at the very persons of the revered learned Justices of the apex Court, over what they perceived as unfair, or overtly political verdicts. Regrettably, some of those attacks were caustic, bizarre, uncouth, derogatory and went too far. Many crossed the fine dividing line of decency between constructive and scholarly criticism (which is permissible after delivery of judgments); and direct personal attacks on the judexes who delivered the judgments(which is not permissible under any circumstance). The questions are: where, how or when do we draw this thin line between fair critiquing of judgements and going for the jugular of the the Judge? Does such a line even exist at all, either legally or otherwise? What remedies are available to judicial officers exposed to severe public censure, and even odium and ridicule on account of their judicial acts of deciding cases? Are they simply helpless and powerless? Do such sanctions include committing authors of such vile criticisms to prison for contempt, albeit ex facie curie (outside the court)? Are such authors liable to face disciplinary measures through the NBA Disciplinary Committee (where they are lawyers)? These are the issues this thesis attempts to provide answers to.

MY PERSONAL STAND

Let me state right from the onset and within the confines of this abstract, my own humble position in this rather lengthy dissertation. I believe judicial opinions and judgments can be scrutinised, criticised, and critiqued after delivery thereof. This is scholarship which opens up new jurisprudential vistas. Critiquing helps deepen and widen the democratic space because court decisions affect the entire society. I do not however subscribe to piercing the veil of the judgments themselves to attack the Judex who delivered the said judgments by questioning their motives, integrity, intellect, assumed political or other filial leanings, or backgrounds, for such judicial decisions. That goes beyond the bounds of decency and crosses lines of intellectual interrogation of such judgements. That also amounts to leaving the message for the messenger; deliberately hitting a player’s leg rather than the ball, in a football match. Such attitude- whether from lawyers or members of the larger society- must be deprecated, denounced and condemned in the strongest words possible. I so do, most respectfully.

REASONS FOR CRITIQUING AND INTERROGATING JUDGEMENTS

The greatest contribution of the judicial mind is usually deciphered, not from the final result of a case, but from the judicial opinion itself. It is the duty of every lawyer, academic, and even members of the society, to analyse, interrogate and critique judicial opinions embedded in judgements after they have been delivered. Learned journals, columns in newspapers, Ph.D thesis and dissertations; the print and electronic media; and lately, the social media, are employed in this. This is the very core of scholarship and legal education. Such literary criticisms are aimed at pointing out the “defects” and the “beauties” of such judgments.

Mr. Swift in his “A Tale of a Tub” tells us that a “true critique is a discoverer and collector of a writer’s fault”. He did not say “fault of the writer which has to do with his person and persona (and is thus not permitted); but the fault of his works” (which is permitted). Indeed such criticisms and interrogations help Judges to perform better. I will, anon, show numerous cases in which Judges have been attacked in their persons across the world, and even in Nigeria; but which I, as a person, lawyer, SAN, and social critic, do not agree with. There are many more reasons for allowing decent, genuine, and well-researched criticisms and interrogations of judgments after delivery.

The Judiciary, like the Legislature and Executive (as created in sections 6,4 and 5, respectively, of the 1999 Constitution, as amended), is subject to the tripartite doctrine of Separation of Powers- a doctrine most eloquently popularised in 1748 by Baron de Montesquieu, a great French philosopher. Their judgments are therefore subject to the same public criticisms as are legislative and executive acts. They must pass through the same crucible, rigour, and accountability as the other two arms. The Judiciary cannot be dressed in the cloak of infallibility. See Motors Ltd v Adesanya (1989) 3 NWLR (pt. 109) 250. The due administration of justice is a serious matter of public interest which involves members of the entire public as ultimate beneficiaries and consumers of the effects of such judgment. Law as the recurring decimal in our individual and collective lives is too serious a matter to be left alone in the hands of only Judges and lawyers (the Bench and the Bar). Oliver Wendell Holmes Jr (“Part of the Law”), in a powerful speech delivered in Boston, Massachusetts, in 1897, put it most poignantly when he said, “the prophecies of what the court will do and nothing more pretentious, are what I mean by the law”. He did not stop there. He further argued that “the law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race. The practice of it in spite of popular jest, tends to make good citizens and good men”. Holmes (also called “The Great Dissenter”; are Associate Justice of the US Supreme Court, Legal historian, and Philospher of The School of Legal Realism), thus advocated judicial restraint. He, it was, who stated that the concept of “clear and present danger” is the only basis for limiting the right of freedom of speech. So, when members of the public critique court judgements fairly and decently, they are merely exercising their right to freedom of expression (section 39 of the 1999 constitution), to hold opinions, and to receive and impart ideas and information without interference. That surely cannot be criminalised.

However, such critiquing must be fair, reasonable, responsible and must pass through the acid test of bona fides, rigorous and intellectual interrogation. It must not be anchored on sheer vulgar, abusive, and offensive vituperations; rude expletives; or disrespectful name-calling. It must shun revilement and chastisement. There is, perhaps, a more serious reason why courts should be kept on their judicial toes to deliver justice-driven, rather than technicality-dependent judgments. Court decisions impact business, economy, and foreign direct investment. No responsible foreign investor will put his hard-earned money in a climate of unfair judgments or prolonged disputes. This was perhaps why Lord Atkins once told us that “Justice is not a cloistered virtue. She must be allowed to suffer the scrutiny and respectful, even though outspoken comments of the ordinary men” (Ambard vs AG of Trinidad and Tobago (1936) AC 322)

SITUATIONS IN WHICH NIGERIAN COURTS HAD CRITICISED THEMSELVES

There is a sense in which courts are, in the words of George Alger, “peculiarly the subject of criticism of experts.” These “experts” are no more than lawyers and fellow Judges. In the former case, according to him, “lawyers who appeal from a lower court to a higher court are engaged in criticizing a Judge who was responsible for an unsatisfactory decision. The appeal Judges are paid by the state to act as critics of their brethren in the courts below”.

WHEN NIGERIAN COURTS CRITICISE THEMSELVES

A graphic illustration of courts criticising themselves, using the internal mechanism of appeals, is the Supreme Court case of MENAKAYA vs. MENAKAYA (2001) 16 NWLR (pt 738) 203. In the lead judgment of the apex court (delivered by Mohammed, JSC, as he then was), it minced no words, when it held that: “it is a misdirection for a trial Judge to give judgment on an issue on which there is no evidence adduced whatsoever . . . It is plain, therefore, that judgment of Ononiba J, having been written without any evidence supporting the decision is void. Equally the majority judgment of the Court of Appeal which affirmed a void decision is also a nullity.” The contributory judgment of Ogundare, JSC, was even more breathtaking. He moaned: “I find myself having painfully to observe that there are other portions and passages of the judgment which are clearly inappropriate in a judgment intended as a sober and sublime reflection. Admittedly, allowance must be made for the peculiar sense of narrative of individual Judges. Some make theirs rhapsodically on purpose, as was obviously demonstrated in the case in question. But even so, I think it will be of much profit if journeys in light-hearted digressions are not made a prominent feature in any judgment, particularly of a superior court, even to the extent that the real issues are missed or misunderstood. That was the position in the present case.”

SELF-CRITICISM BY THE SUPREME COURT ITSELF IN HOPE UZODINMA V EMEKA IHEDIOHA (2020) PELR 86967 (SC)

In March 2020, the Supreme Court refused the request of Chief Emeka Ihedioha, former Governor of Imo State, to set aside its earlier judgment which had declared Chief Hope Uzodinma of the APC Governor of Imo state. Ihedioha’s team of lawyers had argued that Uzodinma deceived the Supreme Court with his self-tabulated result from 388 polling units, which made the number of voters in Imo state outnumber the accredited voters for the election (which was 368).

The apex court led by the then CJN, Tanko Mohammed, held that it lacked powers to sit on appeal over its own judgment delivered on merit and in accordance with the dictates of the law.

THOUGHT FOR WEEK

“Criticism may not be agreeable, but it is necessary. It fulfills the same function as pain in the human body. It calls attention to an unhealthy state of things”. (Winston Churchill).

Opinion

How Dr. Fatima Ibrahim Hamza (PT, mNSP) Became Kano’s Healthcare Star and a Model for African Women in Leadership

Published

4 days ago

December 6, 2025

Eric

By Dr. Sani Sa’idu Baba

My dear country men and women, over the years, I have been opportune to watch numerous speeches delivered by outstanding women shaping the global health sector especially those within Africa. Back home, I have also listened to towering figures like Dr. Hadiza Galadanci, the renowned O&G consultant whose passion for healthcare reform continues to inspire many. Even more closer home, there is Dr. Fatima Ibrahim Hamza, my classmate and colleague. Anyone who knew her from the beginning would remember a hardworking young woman who left no stone unturned in her pursuit of excellence. Today, she stands tall as one of the most powerful illustrations of what African women in leadership can achieve when brilliance, discipline, and integrity are brought together.

Before I dwell into the main business for this week, let me make this serious confession. If you are a regular traveler within Nigeria like myself, especially in the last two years, you will agree that no state currently matches Kano in healthcare delivery and institutional sophistication. This transformation is not accidental. It is the result of a coordinated, disciplined, and visionary ecosystem of leadership enabled by Kano State Governor, Engr Abba Kabir Yusuf. From the strategic drive of the Hospitals Management Board under the meticulous leadership of Dr. Mansur Nagoda, to the policy direction and oversight provided by the Ministry of Health led by the ever committed Dr. Abubakar Labaran, and the groundbreaking reforms championed by the Kano State Primary Health Care Management Board under the highly cerebral Professor Salisu Ahmed Ibrahim, the former Private Health Institution Management Agency (PHIMA) boss, a man who embodies competence, hard work, honesty, and principle, the progress of Kano’s health sector becomes easy to understand. With such a strong leadership backbone, it is no surprise that individuals like Dr. Fatima Ibrahim Hamza is thriving and redefining what effective healthcare leadership looks like in Nigeria.

Across the world, from top medical institutions to global leadership arenas, one truth echoes unmistakably: when women lead with vision, systems transform. Their leadership is rarely about theatrics or force; it is about empathy, innovation, discipline, and a capacity to drive change from the inside out. Kano State has, in recent years, witnessed this truth firsthand through the extraordinary work of Dr. Fatima at Sheikh Muhammad Jidda General Hospital.

In less than 2 years, Dr. Fatima has emerged as a phenomenon within Kano’s healthcare landscape. As the youngest hospital director in the state, she has demonstrated a style of leadership that mirrors the excellence seen in celebrated female leaders worldwide, women who inspire not by occupying space, but by redefining it. Her performance has earned her two high level commendations. First, a recognition by the Head of Service following a rigorous independent assessment of her achievements, and more recently, a formal commendation letter from the Hospitals Management Board acknowledging her professionalism, discipline, and transformative impact.

These acknowledgements are far more than administrative gestures, they place her in the company of women leaders whose influence reshaped nations: New Zealand’s Jacinda Ardern with her empathy driven governance, Liberia’s Ellen Johnson Sirleaf with her courageous reforms, and Germany’s Angela Merkel with her disciplined, steady leadership. Dr. Fatima belongs to this esteemed lineage of women who do not wait for change, they create it.

What sets her apart is her ability to merge vision with structure, compassion with competence, and humility with bold ambition. Staff members describe her as firm yet accessible, warm yet uncompromising on standards, traits that embody the modern leadership model the world is steadily embracing. Under her stewardship, Sheikh Jidda General Hospital has transformed from a routine public facility into an institution of possibility, demonstrating what happens when a capable woman is given the opportunity to lead without constraint.

The recent commendation letter from the Hospitals Management Board captures this evolution clearly: “Dr. Fatima has strengthened administrative coordination, improved patient care, elevated professional standards, and fostered a hospital environment where excellence has become the norm rather than the exception”. These outcomes are remarkable in a system that often battles bureaucratic bottlenecks and infrastructural limitations. Her work is proof that effective leadership especially in health must be visionary, intentional, and rooted in integrity.

In a period when global discourse places increasing emphasis on the importance of women in leadership particularly in healthcare, Dr. Fatima stands as a living testament to what is possible. She has demonstrated that leadership is never about gender, but capacity, clarity of purpose, and the willingness to serve with unwavering commitment.

Her rise sends a powerful message to young girls across Nigeria and Africa: that excellence has no gender boundaries. It is a call to institutions to trust and empower competent women. And it is a reminder to society that progress accelerates when leadership is guided by competence rather than stereotypes.

As Kano continues its journey toward comprehensive healthcare reform, Dr. Fatima represents a new chapter, one where leadership is defined not by age or gender, but by impact, innovation, and measurable progress. She is, without question, one of the most compelling examples of modern African women in leadership today.

May her story continue to enlighten, inspire, and redefine what African women can, and will achieve when given the opportunity to lead.

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

Opinion

Book Review: Against the Odds by Dozy Mmobuosi

Published

6 days ago

December 4, 2025

Eric

By Sola Ojewusi

Against the Odds is an ambitious, deeply personal, and unflinchingly honest memoir that traces the remarkable rise of Dozy Mmobuosi, one of Nigeria’s most dynamic and controversial entrepreneurs. In this sweeping narrative, Mmobuosi reveals not just the public milestones of his career, but the intimate struggles, internal battles, and defining moments that shaped his identity and worldview.

The book is both a personal testimony and a broader commentary on leadership, innovation, and Africa’s future—and it succeeds in balancing these worlds with surprising emotional clarity.

A Candid Portrait of Beginnings

Mmobuosi’s story begins in the bustling, unpredictable ecosystem of Lagos, where early challenges served as the furnace that forged his ambitions. The memoir details the circumstances of his upbringing, the value systems passed down from family, and the early encounters that sparked his desire to build solutions at scale.

These foundational chapters do important work: they humanize the protagonist. Readers meet a young Dozy not as a business figurehead, but as a Nigerian navigating complex social, financial, and personal realities—realities that millions of Africans will find familiar.

The Making of an Entrepreneur

As the narrative progresses, the memoir transitions into the defining phase of Mmobuosi’s business evolution. Here, he walks readers through the origins of his earliest ventures and the relentless curiosity that led him to operate across multiple industries—fintech, agri-tech, telecoms, AI, healthcare, consumer goods, and beyond.

What is striking is the pattern of calculated risk-taking. Mmobuosi positions himself as someone unafraid to venture into uncharted territory, even when the cost of failure is steep. His explanations offer readers valuable insights into:
• market intuition
• the psychology of entrepreneurship
• the sacrifices required to build at scale
• the emotional and operational toll of high-growth ventures

These passages make the book not only readable but instructive—especially for emerging

African entrepreneurs.

Triumphs, Crises, and Public Scrutiny
One of the book’s most compelling strengths is its willingness to confront controversy head-on.

Mmobuosi addresses periods of intense scrutiny, institutional pressure, and personal trials.

Instead of glossing over these chapters, he uses them to illustrate the complexities of building businesses in emerging markets and navigating public perception.

The tone is reflective rather than defensive, inviting readers to consider the thin line between innovation and misunderstanding in environments where the rules are still being written.

This vulnerability is where the memoir finds its emotional resonance.

A Vision for Africa

Beyond personal history, Against the Odds expands into a passionate manifesto for African transformation. Mmobuosi articulates a vision of a continent whose young population, natural resources, and intellectual capital position it not as a follower, but a potential leader in global innovation.

He challenges outdated narratives about Africa’s dependency, instead advocating for
homegrown technology, supply chain sovereignty, inclusive economic systems, and investment in human capital.

For development strategists, policymakers, and visionaries, these sections elevate the work from memoir to thought leadership.

The Writing: Accessible, Engaging, and Purposeful

Stylistically, the memoir is direct and approachable. Mmobuosi writes with clarity and intention, blending storytelling with reflection in a way that keeps the momentum steady. The pacing is effective: the book moves seamlessly from personal anecdotes to business lessons, from introspection to bold declarations.

Despite its business-heavy subject matter, the prose remains accessible to everyday readers.

The emotional honesty, in particular, will appeal to those who appreciate memoirs that feel lived rather than curated.

Why This Book Matters

Against the Odds arrives at a critical moment for Africa’s socioeconomic trajectory. As global attention shifts toward African innovation, the need for authentic narratives from those building within the system becomes essential.

Mmobuosi’s memoir offers:
• a case study in resilience
• an insider’s perspective on entrepreneurship in frontier markets
• a meditation on reputation, legacy, and leadership
• a rallying cry for African ambition

For readers like Sola Ojewusi, whose work intersects with media, policy, leadership, and social development, this book offers profound insight into the human stories driving Africa’s new generation of builders.

Final Verdict

Against the Odds is more than a success story—it is a layered, introspective, and timely work that captures the pressures and possibilities of modern African enterprise. It challenges stereotypes, raises important questions about leadership and impact, and ultimately delivers a narrative of persistence that audiences across the world will find relatable.

It is an essential read for anyone interested in the future of African innovation, the personal realities behind public leadership, and the enduring power of vision and resilience

Opinion

Redefining Self-leadership: Henry Ukazu As a Model

Published

7 days ago

December 3, 2025

Eric

By Abdulakeem Sodeeq SULYMAN

In a world filled with talents and unique gifts, nurturing oneself for an impact-filled living becomes one of the potent metrics for assuming how one’s life would unfold – either in the nearest or far future. I am sure the question you may be curious to ask is ‘what is the important quality that has shaped the life of every individual who has unleashed their ingenuity?’ Apparently, our society is filled with numerous people, who missed the track of their life. Their iniquity is boiled down to one thing – failure to lead oneself.

Realising how important it is to be your own leader has been the springboard for every transformative life. Notably, this also becomes the premise for appreciating and celebrating Henry Ukazu for setting the pace and modeling self-leadership in this era, where self-leadership is under-appreciated by our people. Self-leadership itself engineers purposeful and impactful living, turning individuals to sources of hope to others.

This is exactly what Henry Ukazu symbolises. The name Henry Ukazu is akin to many great things such as ‘Unleashing One’s Destiny,’ ‘Finding One’s Purpose’ and ‘Triumphant Living.’ Regardless of the impression one have formed about Henry Ukazu, one thing you cannot deny is his ability to be pure to nature and committed to his cause. Henry Ukazu is one of the rare people who still believed in the values of the human worth and has committed every penny of his to ensure that every human deserves to live the best life.

The trajectory of Henry Ukazu’s life is convincing enough to be choosing as an icon by anyone who chooses to climb the ladder of self-leadership. Oftentimes, Henry Ukazu always narrate how he faced the storms of life when birthing his purpose. He takes honour in his struggles, knowing full well that every stumbling blocks life throws at him helped in building himself. If not for self-leadership, he will not found honours in his struggles, let alone challenging himself to be an example of purposeful living to others.

Without mincing words, Henry Ukazu’s life has been blessed with the presence of many people, with some filling his life with disappointments, while some blessing him with immeasurable transformations. Surprisingly, Henry Ukazu has never chosen to be treating people negatively; rather he would only choose the path of honour by avoiding drama and let common sense prevail. That’s one of the height of simplicity!

Dear readers, do you know why today is important for celebrating Henry Ukazu? Today, 3rd December, is his birthday and with all sincerity, Henry Ukazu deserves to be celebrated because he has chosen the noble path, one filled with honours and recognitions for being an icon of inspiration and transformation to the mankind. As Henry Ukazu marks another year today, may the good Lord continue shielding him from all evils and guiding him in right directions, where posterity will feel his role and impacts!

Many happy returns, Sir!