Opinion

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

Published

1 year 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

In Defence of the 18-Storey Ibom Towers and Gov. Umo Eno’s Audacious Housing Plan

Published

6 days ago

July 20, 2024

Eric

By Michael Effiong

In the last few days, I have been inundated by a barrage of questions “Why is your Governor investing in Lagos? What is the rationale behind a project like this in Lagos State instead of Akwa Ibom where it will create jobs and empower the local contractors? Why now when people are hungry? It has been questions galore all referring to the decision of the Akwa Ibom State Governor, Pastor Umo Eno to develop a real estate facility in Lagos dubbed “Ibom Towers”

As a trained journalist of over 30 years, I know that today’s media space is filled with misinformation, disinformation and outright lies which are then elevated to trending public discourse by various people for motives that are often not altruistic.
Even a group of Akwa Ibom indigenes decided to host an X (Twitter) Space on the issue. I was on that platform for over two and half hours but it was obvious that none of the speakers had taken time to conduct any research on the said project.
That was when I became very alarmed because the basic foundation for contributing to any intellectual discourse is research, I could not believe that the speakers could not just investigate the matter properly, have a full grasp of the issues before coming to the public forum to not only express their anger against the project but were even contemplating street protest!. They more or less confirmed what I used to consider a myth, that we hardly read as black people.

Anyway, I did not take the hullabaloo seriously until a very well respected senior colleague of mine called in the dead of the night. I was in a state of panic when I picked the call, thinking something major has happened to him or his close ones until he brought up the issue of the Ibom Towers.
I could not believe my ears, I begged for a few seconds to change my position and then went on to lay out the facts of this matter.
I explained that the project was not a bolt from the blue. In fact ,on May 29, 2024 when the Governor delivered his first anniversary speech, he gave a hint about the project.

According to the Governor while laying out his plans for the next 365 days “Government will be active in the commercial property market in both Lagos and Abuja respectively by converting our existing strategic facilities in those cities into commercial use for the benefit of our people. These planned investments in infrastructure will bring huge returns to our State and signpost our determination to play big in the thriving real estate business in those two major cities”

His next words where “You mean he had mentioned his plans in his speech?
I replied “Yes sir, I am quoting the speech verbatim? He then said ‘Even at that, why would your governor leave your state and go all the way to Lagos to buy land and build an 18-storey Towers?

I replied, “ Sir, I hope you are not sleepy because it is a long a story? He responded “You know how I dey carry Akwa Ibom matter for head, give me the full story, I am all ears”.

I then began my defence “ In the first place, the Governor has not come to Lagos to buy any land. The truth is that the 18- storey development dubbed “Ibom Towers” is a child of necessity and an intentional investment. We have a landed property in a very prime location, Victoria Island to be exact. That property used to be our Governor’s Lodge, it is now referred to as the Old Governor’s Lodge. It is a dilapidated structure that has not yielded any single kobo to the state.

“I am not a real estate expert, but as a layman, I would say that the Governor had four options. First, leave the property in its current state and just keep it in the books as a thing of pride, second, outright sale of the property, third, put the property up for lease and fourth, develop the property.

‘The Governor decided to be audacious, instead of doing the ordinary, he chose the tougher but more rewarding fourth option with the decision to add value to that landed property and develop it into a picturesque facility called “Ibom Towers”, this option would ensure that the state still retains the property as well as guarantee return on investment and the funds would be ploughed into critical infrastructure back home in Akwa Ibom in furtherance of his ARISE Agenda.

“Now this Ibom Tower is a development that will feature 30 meticulously designed apartments: Spacious one bedroom units, elegant two-bedroom units and lavish three bedroom units. That is not all, there will be an opulent 4-bedroom duplex penthouse that would have breathtaking views of the Lagos skyline.”

“The contractors handling this development have been given a very strict timeline because the Governor wants to make returns on this investment in good time. I have asked those opposing this development their best option for the use of that prime property. They all usually side step the issue and come up with extraneous matters. But I would not ask you the same sir.

I then continued “Interestingly, the Ibom Towers is part of the Governor’s overall Housing plan that covers all segments of the property market: Low, middle and high income earners.

“For example, a few weeks ago in Uyo, the Governor laid the foundation of the Ewet Luxury Gardens Estate. It is a high-end, commercial residential estate development. It will consist 32 units of 5-bedroom ensuite fully detached duplexes, 3 living rooms, 3 maid quarters, study/living room, fully fitted kitchen, laundry room and green area. It will be a gated estate with such shared facilities as tennis court, gym, swimming pool facilities etc.

“It was at that Ewet Luxury Estate ground breaking that the Governor spoke about the Ibom Towers. That Estate like the one in Lagos is aimed at making money for the state. The same template has been adopted for the Dakkada Luxury Estate that was begun by the last administration. So while he is thinking about making use of the property in Lagos, he is also doing the same at home.

“I must add sir that the Governor has not been oblivious to the need for affordable housing and even shelter for the poorest of the poor.

“The administration in its first year completed the 236-Units Grace Estate and the Governor has approved that 264 more units be constructed. He has also approved that 160 units in the Estate should be exclusively allocated to civil servants from Grade levels 1-8. The allocation will be via a draw which can be entered only once with N50,000. The houses will be given out free of charge.

“Then of course, the Governor has been making waves with his ARISE Compassionate Homes Initiative. This is a unique programme where rural dwellers with very terrible abode are given brand new 2-bedroom fully furnished homes complete with external kitchen, 24-hour solar power and water system free of charge. 200 units of the homes are currently being built. Some have already been completed and handed over to very elated beneficiaries. His target is to deliver 400 Units before the end of his first term
My colleague shouted “Really. That is so impressive ?” Knowing full well that I have caught his attention, I quickly added “ The Governor has done a lot in rural development, healthcare, entrepreneurship…

He cut me off immediately “That is okay, that is okay do not bother, so what is all the fuss about?

My response was “Sir, we would keep educating them to make them see reason but as you know one cannot always please the world”. I then reminded him of Evangelist Ebenezer Obey’s famous song “The Horse, The Man and His Son popularly known as Ketekete

“You are so right, you cannot please everyone all the time. Everything is clear to me now. I think he should ignore them and continue his good work. Sorry that I disturbed your sleep,? were his next words.
I responded thus: “I am always at your service sir, we will keep discussing the issues. One thing I know is that our Governor is a private sector- driven technocrat, he would be the last person to take an investment that will benefit his people to any other state. Thank you for calling me to clarify issues, thank you for your patience and love always sir” And I hung up!

Opinion

Hailing the Supreme Court on LG Allocation Judgment

Published

2 weeks ago

July 12, 2024

Eric

Prof Mike Ozekhome SAN, CON, OFR

The supreme court judgement today, July 11, 2024, directing the Federal Government to pay allocations due to Local Government Areas directly to their account thereby abolishing the old practices of State-Local Government Joint Account, is timely and courageous.

What the judgement has done is more like interpreting section 162 of the Constitution, which provides for a joint State-Local Government Account. In which case, money is normally paid to state governors’ accounts and then for them to disburse to the local governments for them to share. But what has been happening is that, as I noted in 2020,over three years ago, the state governors, have been behaving like ”bandits”, waylaing local governments funds along the way and thus impoverishing them leaving them with nothing to work, just a little for salary. And nothing to actually work for the people whom they represent.
I agree totally with the judgement of the supreme court to grant full financial autonomy so that money is released and paid directly to the 774 local government councils which constitute the third-tier of government,to develop their places because the LGAs are grassrooted and nearest to the people. Rather than allow overbearing state governors throw their weight around and muzzle the local governments and seize their purse,they will now allow LGs breath some air of freedom.

If you take a look at our situation, Nigeria is operating a very lopsided federation,more like a unitary system of government. Where the federal government is supposed to be a small government,it is controlling 67 items on the exclusive legislative list. That is why the federal government gets the lion share of the federation account , the lion share of the money that comes to the federation account to the tune of 52.68%. The states get 26.72% while the entire 774 local government councils in Nigeria get just 20.60% of the monthly allocation by the Revenue Mobilization Allocation and Fiscal Commission, RLASMC.

The question is, what is the federal government doing with almost 53% of the national income? That is because it is a government that is behemoth.That is elephantine. A government that intrudes and intervenes in areas that should not concern it at all. What is the federal government’s business with licensing cars and trucks for states? What is its business with the Marriage Act, dealing with how people marry and wed in Nigeria and how they live together as husband and wife and separate or divorce? What is the federal government’s business with unity schools? A whole FG operating secondary schools? What is their business? Why is the FG not allowing states generate their own power, operate their own railway stations, if they have the capacity? Why should the federal government not allow states have their own police force? Even for the local governments to have their own police force as we have in the United States and other advanced countries of the world where even tertiary institutions have their own police?

The truth is that the federal government is overbloated and overpampered. That is why it is using too much money and make the centre become too attractive,eating deep into funds that ought to be meant for the states and local government areas. The states take not only that which belongs to the states, but also waylays at source that which is meant for the local government areas. No Nation grows that way.

So, I see this judgment as epochal,having far-reaching effect because money will now be made available directly to the local government areas who will no longer be subservient, like fawning slaves to state governors. In fact, the judgement even went further to say that no state government has the power henceforth to dissolve local government areas. This is because we have been seeing cases where inspite of the provisions of section 7 of the 1999 constitution that give autonomy to local government areas, states normally go ahead and dissolve local government areas ND appoint caretaker committees for them.This is whimsical and capricious.The Supreme Court has said this can no longer go on and that henceforth, no state government should ever be able to dissolve any local government area in Nigeria for any reason whatsoever and howsoever.

The judgement is salutary, timely and regenerative. It should be upheld by all governments and people in Nigeria for better democratic dividends.I see this as victory for our wobbling democracy, even if we are far removed from true fiscal federalism where the federating units control and utilize their God-given resources while paying royalty or tax to the central government. This case is one big plus for tested court room gladiator, Prince Lateef Fagbemi, SAN, the Attorney General of the Federation, who initiated the case at the apex court, invoking its original jurisdiction.Surely,to jaw-jaw is better than to war-war. God bless Nigeria.

Opinion

Telling the Nigerian and African Food Story to a Global Audience

Published

1 month ago

June 22, 2024

Eric

By Lydia Enyidiya Eke

Nigeria as the most populous black nation on earth is located in the heart of Africa and as a great country with unique culinary traditions, this great nation is known for her diverse and vibrant culture and people.

Nigeria, as one of the 54 countries in Africa is well known for her rich history and myriad ethnic groups, and equally known for her culinary strength.

These divers’ culinary strength offers a gastronomic tapestry that remains largely untapped by the global audience.

Since globalization fosters a growing interest in diverse food cultures, it is high time the world embraced the flavours of Nigeria.

A Culinary Mosaic

Nigerian cuisine is a reflection of its vast cultural diversity. Each ethnic group brings its unique ingredients, cooking techniques, culinary textures and flavour profiles to the table, creating a culinary mosaic that is both rich and complex.

From the spicy and oily soups, stews and sauces of the Yoruba in the southwest to the savoury soups of the Igbo in the southeast, and the aromatic dishes of the Hausa-Fulani in the north, and of course the seafood and vegetable delight of the south south as well as the lovely relishes of the middle belt, Nigerian food is a journey through the country’s cultural landscape.

Staples like jollof rice, with its tantalizing blend of tomatoes, peppers, and spices, have already started making waves internationally.

The same applies to the well-known dishes and a plethora of lesser-known culinary treasures waiting to be discovered.

These covers the 36 states of the federation. The popularly known egusi soup, also known as unity soup is a hearty melon seed soup that is eaten across the nation and continent.

What about the pepper soup and their spices, the same applies to the herbs, condiments and flavourings of bitter leaf soup, oha soup, groundnut soup, beans soup and many more.

Suya is another spicy grilled meat skewers, which equally offer a glimpse into the depth of Nigerian culinary artistry.

The Need for Global Recognition
Despite its richness, Nigerian cuisine remains underrepresented and basically under reported on the global stage.

This lack of recognition can be attributed to several factors, including limited exposure and the dominance of other culinary traditions in international media. However, the tide is changing. With the rise of social media and the global trend towards exploring new and authentic food experiences, Nigerian cuisine is poised for a renaissance.

Championing Nigerian Food through Digital Platforms

One of the most effective ways to bring the knowledge of Nigerian cuisine to the global audience is through digital platforms. These platforms are now diverse. They range from YouTube, to Instagram, Facebook, twitter, LinkedIn, TikTok, and Snapchat amongst others . Also included are food blogs, food websites and vlogs.

YouTube, in particular, has emerged as a powerful tool for sharing culinary traditions with a wide audience. Channels dedicated to Nigerian cooking, like the one I run, are playing a crucial role in this movement. By offering step-by-step DIY tutorials, we are not only teaching people how to cook Nigerian food but also sharing the stories and cultural significance behind each dish.

These digital platforms offer an interactive and engaging way to learn about Nigerian cuisine. Viewers from around the world can watch, comment, and even share their attempts at cooking these dishes, fostering a global community of Nigerian food enthusiasts.

Preserving Cultural Heritage
For many Nigerians living abroad, cooking traditional dishes is a way to stay connected to their roots. It is an act of preserving cultural heritage and passing it down to the next generation. By teaching the younger generation how to cook Nigerian food, we are ensuring that these culinary traditions are not lost in the face of globalization.
Moreover, sharing these recipes and stories with a global audience promotes cultural understanding and appreciation. Food, after all, is a universal language that brings people together. By inviting others to experience Nigerian cuisine, we are fostering a sense of unity and cultural exchange.

The Future of Nigerian Cuisine
The future of Nigerian cuisine on the global stage looks promising. With increasing interest in authentic and diverse food experiences, Nigerian food has the potential to become a beloved part of the world’s culinary repertoire. However, this will require continued effort in promoting and sharing these rich culinary traditions.
Initiatives such as food festivals, cultural exchange programs, and collaborations with international chefs can further boost the visibility of Nigerian cuisine. Additionally, support from the Nigerian government and private sector in promoting food tourism can open new avenues for showcasing the country’s culinary wealth.

As we look towards a future where cultures and cuisines are celebrated for their uniqueness and richness, Nigerian food stands as a testament to the country’s vibrant heritage. By telling the story of Nigerian cuisine to a global audience, we are not only sharing delicious food but also promoting cultural understanding and appreciation. Let us embrace the flavors of Nigeria and celebrate its place in the global culinary landscape.

For further about some Nigerian recipes and cooking tutorials, visit GOURMET GUIDE234 on YouTube, and the food blog GOURMETGUIDE234.COM where you can embark on a culinary journey through Nigeria’s diverse and colourful food traditions.