Opinion
The Oracle: Critiquing Judges and Judgements: The Dividing Line (Pt. 1)
Published
3 years agoon
By
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).
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By Boma Lilian Braide Esq.
The water remembers. It remembers when we were queens and kings of the creeks, when our voices carried across the rivers like thunder, and when no external force could dictate the terms of our existence.
Today, as a daughter of the Ijaw nation, I look at our political landscape and my heart breaks into a thousand pieces. The recent withdrawal of Pastor Tonye Cole from the political race reopened a wound that never properly healed. I immediately texted him a single, urgent question: “Why?” His response was a resigned, familiar phrase; “It is well.” At that exact moment, my thoughts were screaming so loudly inside my head, “Not again!” It felt like a brutal repetition of an old script. Every single time, without fail, they treat the Ijaw man badly, pushing him out of the room where decisions are made.
This leadership class continually trades our birthright for political crumbs, leaving me with a profound sadness I cannot shake. Every four years, we are forced to watch the same exhausting, predictable cycle play out. We have become the laughing stock of the Nigerian politics. We roar like lions in the morning, only to allow ourselves to be led like sheep to the slaughter house by nightfall. This pattern is not merely a string of tactical errors. It is a structural and psychological condition that has calcified into our political culture. We begin every election season with unparalleled bravery, massive energy, clarity, and a list of demands. We mobilise, we protest, we declare our rights. Yet at the decisive moment we fold. We trade collective power for personal gain. We accept crumbs while the harvest is taken from our lands allowing our leaders to be used as mere pawns, chess pieces, and foot soldiers on a board completely controlled by outsiders.
Call it what it is, a political Stockholm syndrome. When a people are held hostage by extractive systems for generations, they can begin to see the captor as a provider. When political actors poison our rivers, burn our gas, and extract our wealth, then return during elections with token gifts, the damaged political imagination can mistake those gifts for benevolence. A motorcycle, a solar lamp, a bag of rice, or a ten thousand naira note becomes a substitute for structural justice. We applaud the giver and forget the theft.
This is not a partisan indictment. The major parties have all participated in this system. From the coastal edges of Ondo and Edo, through Rivers and Bayelsa, to the riverine communities of Delta and Akwa Ibom, the script is the same. Political machines arrive with cash and spectacle. They leave with votes. They do not stay to build roads, to clean oil spills, to fund health care, or to restore fisheries. They do not invest in education or in the infrastructure that would make our communities resilient. They know they do not have to. They know that the combination of poverty, fragmentation, and short-term survival instincts will deliver the votes they need.
The spectacle in Rivers State is instructive. The conflict between an incumbent and a predecessor is not only a personal rivalry. It is a mirror of a deeper structural problem. An Ijaw son may occupy the governor’s office, but the expectation of loyalty to an external power broker remains. When disagreements arise, the Ijaw polity does not close ranks. Instead, it fractures. Elders, youth groups, and political actors align with different external centres of power. We tear ourselves apart while the larger system remains intact.
Delta State offers another painful example. The region produces a disproportionate share of the oil wealth that sustains the state and the nation. Yet Ijaw communities are routinely relegated to secondary roles in governance. The highest offices are often out of reach. When an Ijaw candidate shows real ambition, the pressure to step down, to accept a consolation prize, or to be bought off intensifies at the last minute. The result is a steady stream of symbolic representation and token appointments that do not translate into structural change.
Even Bayelsa State, our most homogenous political home, has not been immune. The state has been turned into a dependent outpost. Political life there is often conducted under the shadow of Abuja. During elections, communities are militarized. Young people are paid paltry sums to snatch ballot boxes and intimidate their neighbours. The leaders who emerge from such processes rarely prioritize environmental remediation, health care, or education. They prioritize survival within the national political economy.
Why do we accept this? Part of the answer lies in a minority complex that has been cultivated over generations. We have been taught to believe that because we are numerically small and geographically dispersed across several states, we cannot set national terms. That belief is false. Our geographic position along the southern maritime border gives us leverage. Nigeria’s economy cannot function without the peace of our creeks. Yet we negotiate from a position of weakness because we lack a unified, non-partisan political command structure.
Other major ethnic blocs in Nigeria have developed cultural mechanisms that protect collective interests across party lines. They maintain consensus on key strategic questions and punish those who betray the collective. The Ijaw political house, by contrast, is fragmented. We are divided into Western, Central, and Eastern blocs. Internal jealousy and rivalry consume us. When an Ijaw son or daughter rises to prominence, it is sometimes their own people who are recruited to pull them down. This internal sabotage is a major reason we are treated as expendable by national political machines.
Our representatives in national assemblies and federal boards are often the most silent and compliant. They vote for policies that harm our region because they want to protect their personal seats and committee positions. We have forgotten the intellectual foundation of our struggle. Our fathers did not rely on muscle alone. They fought with logic and strategy.
Harold Dappa Biriye used constitutional arguments to demand minority rights during the pre-independence conferences. Isaac Adaka Boro presented a detailed economic manifesto during the twelve-day revolution, exposing the systematic underdevelopment of the Delta. The Kaiama Declaration of 1998 linked environmental justice with true federalism in a way that remains a model for strategic political thinking. Today, that intellectual tradition has been eroded by a culture of thuggery, praise singing, and the pursuit of quick money.
The social and economic costs of our political submission are visible everywhere. Schools sink into the mud. Primary health centres lack basic medicines. Women die in childbirth because there are no functional boats to transport them to urban hospitals. Rivers that once sustained us are coated with crude oil. Gas flares burn day and night, releasing toxins that cause cancers and respiratory diseases. In any functioning democracy, such environmental devastation would provoke electoral punishment. But our people accept ten-thousand naira, wear party uniforms, and return the same leaders to office.
This pattern is not only morally wrong. It is strategically suicidal. The global energy transition is underway. The world is moving away from fossil fuels. In a few decades, crude oil will no longer be the primary driver of the global economy. When that happens, the Nigerian state’s willingness to distribute minor rents, amnesty stipends, and pipeline contracts will evaporate. If we remain politically domesticated and economically dependent, we will be discarded once our resources lose value. We will be left with a ruined environment and a population unprepared for the modern economy.
Breaking this cycle requires a radical transformation of our political behaviour. It requires both immediate reforms and long-term institution building.
First, we must refuse to sell our votes for temporary relief. If politicians bring money during elections, take it because it is a fraction of your stolen wealth, but enter the voting booth and vote fiercely against them if they have not delivered real, systemic progress. The act of taking money and voting against the giver is not a moral ideal. It is a pragmatic tactic that recognizes the reality of survival while asserting political agency.
Second, we must create a culture of community accountability. Any Ijaw politician, elder, or youth leader who sells out the collective interest for personal gain must face social consequences. They should be stripped of traditional honours, excluded from community gatherings, and greeted with public disapproval rather than celebration. The cost of betrayal must be made higher than the reward offered by external actors.
We must also institutionalize our collective strength. The Ijaw nation needs a permanent, non-partisan political and economic council composed of our finest minds. This council should include intellectuals, legal experts, economists, and community builders from across the globe. Its mandate would be to define a multi decade Ijaw National Agenda that transcends party lines. Any Ijaw person entering politics should be bound by that agenda. Any external political force seeking our cooperation should be required to commit to its verifiable execution.
Again, we must build strategic alliances with other coastal minority groups. From Calabar to Badagry, the coastal communities share common interests in environmental protection, maritime economies, and regional development. A unified coastal voting bloc would create a political force that no national party can ignore. Such an alliance would also strengthen bargaining power for federal resource allocation and environmental remediation.
Fifth, we must shift our economic focus from pipelines to the blue marine economy. Our future lies in the ocean. We must invest in community owned industrial fishing fleets, deep sea shipping logistics, local shipbuilding yards, and aquaculture networks. We must develop port infrastructure and maritime training centres. Economic independence is the foundation of political courage. When our communities can fund their own schools, hospitals, and water systems through independent marine enterprises, we will no longer beg for crumbs.
Sixth, we must invest in education and leadership training. Political courage is not loud rhetoric. It is disciplined strategy. We must train a new generation of leaders who understand constitutional law, public finance, environmental science, and international trade. We must teach negotiation skills, coalition building, and institutional design. The Ijaw struggle must be intellectualized and professionalized.
Seventh, we must reclaim our narrative. For too long our story has been told by others. We must document our history, our legal claims, and our environmental evidence. We must use the courts, the media, and international forums to hold polluters and complicit officials accountable. We must turn our lived experience into verifiable claims that can be litigated and publicized.
Finally, we must practice disciplined solidarity. Political unity does not mean uniformity of opinion. It means a shared commitment to core strategic objectives. It means agreeing on red lines that cannot be crossed. It means supporting candidates who commit to the Ijaw National Agenda and sanctioning those who betray it.
The hour is late. The cost of our political naivety is visible in every polluted river, every jobless youth, and every broken promise. We cannot enter another election cycle with the same broken playbook. We must reject transactional politics and demand structural change. We must hold our leaders accountable and refuse to celebrate personal appointments that bring no collective benefit.
We must heal ourselves of this political Stockholm syndrome. We must stop loving the systems that destroy us and begin the difficult work of building lasting political infrastructure. The future of the Ijaw nation depends on our ability to transform our pain into strategic power. The water is watching. The spirits of our ancestors who resisted colonial domination are watching. We must rise, cleanse our minds of dependency, and stand with dignity. The era of last minute surrender must end. The time for strategic, sovereign Ijaw political courage has arrived.
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Opinion
Leadership in Africa: Forging a New Era of Self-Reliance, Unity and Global Relevance (Pt. 3)
Published
1 month agoon
May 23, 2026By
Eric
By Tolulope A. Adegoke
“True leadership in Africa is not the pursuit of power, but the courage to serve — to turn the pain of yesterday into the promise of tomorrow, to bind broken hearts into one destiny, and to raise a continent where every son and daughter can stand tall, not by pulling others down, but by lifting one another higher.” – Tolulope A. Adegoke, PhD
Building upon the foundational principles and practical pathways discussed in Parts 1 and 2, this continuation explores the deeper implementation strategies, institutional reforms, cultural shifts, and long-term vision required to translate African leadership into tangible, sustainable transformation. It addresses the realities on the ground while offering forward-looking, actionable recommendations that can help Africa move from potential to performance on both regional and global stages.
Institutional Reforms as the Backbone of Transformative Leadership
Visionary leadership without strong institutions is like a beautiful dream without a foundation. Africa’s progress depends on building institutions that are resilient, transparent, and people-centred.
Leaders must prioritise civil service reform, judicial independence, and anti-corruption mechanisms that are not only punitive but preventive. For example, Rwanda’s use of performance contracts (imihigo) for public officials has created a culture of accountability and results. Similarly, Ghana’s strong electoral commission and relatively independent judiciary have helped sustain democratic stability. These models show that when institutions are strengthened, leadership becomes less about individual charisma and more about systemic effectiveness.
Regional institutions such as the African Union, ECOWAS, SADC, and the East African Community must also be reformed. They need greater financial autonomy, faster decision-making processes, and clearer enforcement mechanisms. The African Union’s current efforts to reform its Peace and Security Council and operationalise the African Standby Force are steps in the right direction, but they require consistent political will and adequate funding from member states.
Cultural and Mindset Transformation
Leadership that builds Africa must also transform mindsets. Many of the continent’s challenges are rooted in colonial-era thinking, dependency syndromes, and a culture of short-termism.
Progressive leaders should invest in cultural renewal programmes that celebrate African excellence, innovation, and resilience. This includes supporting the creative industries — Nollywood in Nigeria, Afrobeats music, and contemporary African literature — which are already projecting positive African narratives globally. Educational systems must move beyond rote learning to foster critical thinking, ethical reasoning, and entrepreneurial spirit.
Youth leadership development is particularly crucial. With over 60% of Africa’s population under the age of 25, the continent’s future depends on preparing young people not just for jobs, but for leadership. Initiatives like the African Union’s Youth Agenda and national youth service programmes should be expanded and made more impactful.
Economic Transformation and Self-Reliance in Practice
True self-reliance requires deliberate economic restructuring. Leaders must champion value addition in agriculture, mining, and natural resources. Instead of exporting raw cocoa, cotton, or crude oil, African countries should invest in processing facilities that create jobs and capture more value domestically.
The African Continental Free Trade Area (AfCFTA) offers a historic opportunity. When fully implemented, it can boost intra-African trade, reduce dependence on external markets, and create new industries. Leaders who actively remove non-tariff barriers, harmonise standards, and invest in cross-border infrastructure will be remembered as the architects of Africa’s economic renaissance.
Public-private partnerships (PPPs) should be strengthened, with clear frameworks that protect national interests while attracting responsible investment. Countries like Morocco and Ethiopia have shown how strategic industrial policies can attract foreign direct investment while building local capacity.
Global Relevance: Africa as a Solution Provider
Africa must stop seeing itself solely as a recipient of global solutions and begin positioning itself as a contributor. The continent’s vast renewable energy potential, youthful population, and rich biodiversity give it unique advantages in addressing global challenges such as climate change, food security, and digital innovation.
Leaders who understand this will invest in research and development, patent African innovations, and engage confidently in global forums. The success of African pharmaceutical companies during the COVID-19 pandemic and the growth of African tech unicorns demonstrate that the continent can compete and lead when given the right environment.
A Balanced and Hopeful Conclusion
Africa stands at a historic crossroads. The challenges — poverty, inequality, climate vulnerability, and governance gaps — are real and significant. Yet the opportunities — a youthful population, abundant natural resources, cultural richness, and growing regional integration — are even greater.
Leadership remains the decisive variable. When leaders rise above narrow interests to serve the collective good, Africa does not just survive — it thrives and offers the world new models of resilience, innovation, and inclusive growth.
The path forward requires a new covenant: between leaders and citizens, between nations and regions, and between Africa and the global community. This covenant must be rooted in trust, mutual accountability, and shared vision. With the right leadership — courageous, ethical, inclusive, and strategic — Africa can forge a new era of self-reliance, unity, and global relevance.
The question is not whether Africa can rise. The question is whether its leaders, supported by an awakened citizenry, will summon the will, wisdom, and courage to make that rise unstoppable. The world is watching, and history is waiting to record the choices made in this decisive decade.
Africa’s story is still being written. With visionary leadership, it can become one of triumph, dignity, and global excellence.
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, resilient nation building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
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