Opinion

The Oracle: Critiquing Judges and Judgments: The Dividing Line (Pt. 2)

Published

3 years ago

April 7, 2023

Eric

By Mike Ozekhome

INTRODUCTION

In the first part, we explored the background and set the tone for this all important topic. In this part, we shall further develop it under six broad sub-themes, viz: Self-criticism by the Supreme Court within its own judgment in Hope Uzodinma vs Emeka Ihedioha; Legal and Contextual frame works; How judges are gagged by the Code of Conduct for Judicial Officers; Laws prohibiting attacks on Judges and Appraising the above laws and Code of Conduct.

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

However, in his dissenting opinion, Justice Centus Nweze, JSC also had been added to the seven-member panel to replace retired Amiru Sanusi, JSC; the CJN, Tanko Mohammed; Olukayode Ariwoola (now CJN); late Sylvester Ngwuta; Kudirat Kekere-Ekun; Amina Augie; and Uwani Abba-Aji, JJSC; refused to set aside the earlier judgment of the Supreme Court which had upheld the declaration of Uzodinma as Governor of Imo State. He criticised his own apex Court by declaring, in poetic words, “the decision of the Supreme Court in the instant matter will continue to haunt our electoral jurisprudence for a long time to come”.

Justice Nweze added that without evidence of meeting other constitutional provisions, the court misled itself into declaring Mr. Uzodinma as Governor.

The Jurist argued that Mr. Uzodinma and his party misled the court to accept the alleged excluded result in 388 polling units without indicating the votes polled by other political parties.

He also faulted the results from the said polling units without indicating the number of accredited voters in the polling units. Mr. Nweze recalled how Mr Uzodinma, during the election tribunal, admitted that he hijacked the result sheets from the electoral umpire officials and completed the results sheets by himself. He said such results could not be valid without indicating the number of accredited voters.

“This court has a duty of redeeming its image, it is against its background that the finality of the court cannot extinguish the right of any person.”

“I am of the view that this application should succeed. I hereby make an order reapproving the decision of the court made by January 14th and that the certificate of return issued on the appellant returned to INEC.”

“I also make an order restoring the respondent as the winner of the March 9, 2019 governorship election.” Mr Nweze in his minority ruling which was, however, overruled by the majority decision.

Mr. George Alger (criticising the Courts), therefore opines that “in view of this machinery through which the courts are subjected to the animadversion of professional critics, it would be a hardy and very foolish man who would assert that criticism of the court should not be indulged in by laymen. But while the general right to criticize is not disputed, there has been evident in recent years, and generally in political campaigns, a somewhat vague attempt to draw an imaginary or real line between the types of criticism which are permissible and those which are not and which constitute what are called ‘Attacks upon the Courts’”.

It is, with respect, these “attacks” precisely that we shall presently undertake, regardless of how they are perceived – gratuitous or not – especially within our local context or milieu.

LEGAL AND CONTEXTUAL FRAMEWORKS

HOW JUDGES ARE GAGGED BY THE CODE OF CONDUCT FOR JUDICIAL OFFICERS

Judges are traditionally sworn to silence – except in court while performing their functions. By convention, they are to be seen; not heard. Indeed, this stricture has been embedded in a Code of Conduct, (although this is not widely known to many) The Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, 2016, provides in Rules 5 and 6 respectively, as follows:

RIGHT TO FREEDOM OF EXPRESSION: A Judge, like any other citizen, is entitled to freedom of expression, belief, association and assembly; but in exercising such rights, a Judge shall always conduct himself in such manner as to preserve the dignity of the judicial office and the impartiality and independence of the Judiciary. Accordingly, a Judge shall act with such restraint as is necessary to:

Maintain public confidence in the impartiality and independence of the Judiciary;

2. Avoid involvement in public discussion or discourse if his or her involvement could reasonably undermine confidence in his or her impartiality;

3. Avoid such occasions and circumstances where such involvement may unnecessarily expose the Judge to political attacks or be inconsistent with the dignity of a judicial officer; and/orAdhere strictly to political silence

DUTY TO ABSTAIN FROM INVOLVEMENT IN PUBLIC CONTROVERSIES: The duties of judges are not consistent with any involvement in public controversies;

A Judge should not involve himself or herself inappropriately in public controversies;
A Judge shall not enter into the political arena or participate in public debates- either by expressing opinion on controversial subjects, entering into disputes with public figures in the community or publicly criticizing the government.
The convention of political silence requires the Judge concerned not to ordinarily reply to public statements. Although the right to criticize a Judge is subject to the rules relating to contempt, these are not to be invoked today, to suppress or punish criticism of the judiciary or of a particular judge. The better and wiser course is to ignore any scandalous attack or criticism outside the court room, rather than to exacerbate the publicity by initiating proceedings.
Contempt ex facie curiae is an attack on the integrity and authority of the court of law and the administration of Justice. Though Rule 6(c) requires the power to punish for contempt to be exercised with great caution, the power to punish for contempt committed ex facie curiae must be used to protect the court from open attack aimed at discrediting the administration of Justice.
A Judge may speak out on matter that affects the judiciary which directly affects the operation of the courts, the independence of the judiciary, fundamental aspects of the administration of Justice. On these matters, a Judge should act with great restraint. While a Judge may through his Head of Court properly make public representations to the government on these matters, he/she must not be seen as “lobbying” government or as indicating how he or she would rule if particular situations were to come before the court.
A Judge may participate in discussion of the law for educational purposes or to point out weakness in the law. Judicial commentary should be limited to practical implications or drafting deficiencies and should be made as part of a collective institutionalized effort by the Judiciary, not of an individual Judge” (emphasis mine).Judges, by these limitation of right to reply to public criticisms are literally stripped bare and left helpless to their fate.

However, notwithstanding this apparent gagging, Judges are armed with the weapon of committal for contempt when necessary.

LAWS PROHIBITING ATTACK ON JUDGES

Section 133 of the Criminal Code (applicable in the 17 southern states and the Federal High Court of Nigeria) provides that “any person, who while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any party to such proceeding or calculated to lower the authority of any person before whom such proceeding is being heard or taken or commits any other act of intentional disrespect to any judicial proceeding or to any person before whom such proceeding is being heard or taken; or commits any other act of intentional disrespect to any judicial proceeding or to any person before whom such proceeding is being heard or taken , is guilty or a simple offence and liable to imprisonment for three months”. A similar provision is contained in the Penal Code applicable in the 19 Northern states as well as Abuja the FCT. Additionally, Rule 33 of the Rules of Professional Conduct for Legal Practitioners, 2007, provides that “a lawyer or law firm engaged in or associated with the prosecution or defence of a criminal matter, or associated with a civil action shall not, while litigation is anticipated or pending in the matter, make or participate in making any extra-judicial statement that is calculated to prejudice or interfere with, or is reasonably capable to prejudicing or interfering with the fair trial of the matter, of the judgment or sentence thereon”

APPRAISING THE ABOVE LAWS AND CODE OF CONDUCT

A calm reading of the above laws shows that neither section 133 of the Criminal Code, nor Rule 33 of the Legal Practitioners Rules of Professional Conduct apply to critiquing of court judgments by lawyers, whether or not they were actually involved in the cases under question. Non-lawyers are also not prevented by these laws from doing so upon the conclusion of those court proceedings after judgement has been delivered. The statutes above also do not prohibit critiquing judgments through academic research, intellectual discourse or the media by lawyers and other members of the public after such have been fully delivered. However, this must be within decent intellectual bounds of objectivity and analysis, towards a better justice-delivery system. Section 133 of the Criminal Code and Rule 33 of the Rules of Professional Conduct for Legal Practitioners merely prohibit lawyers or law firms from participating in certain acts “while a judicial proceeding is pending”; or showing “intentional disrespect to any judicial proceedings or to any person before whom such proceedings is being heard or taken”; or “while litigation is anticipated or pending in the matter”. Such prohibited acts include making “use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of against any party in such proceedings”; or is “calculated to lower the authority of any person (Judex) before which such proceedings is being heard or taken”; or “commits any other act of intentional disrespect” to the above; or “making any extra-judicial statement that is calculated to prejudice of interfere with, or is reasonably capable of prejudicing or interfering with the fair trial of the matter, of the judgment or sentence therein”. The above provisions are clear to the extent that one may only critique judgements through extra Judicial statements after delivery thereof. But such critiquing must be done in a fair and scholarly manner. It must not be calculated to lower the authority, integrity and dignity of the Judex, let alone the trial court or Judge himself. Such is punishable. I personally abhor it. (To be continued).

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

The State of Leadership Today: A Look at Global, African and Nigerian Realities

Published

3 days ago

January 31, 2026

Eric

By Tolulope A. Adegoke PhD

“Leadership for our age is measured not by the height of the throne, but by the depth of its roots in integrity, the breadth of its embrace of collective talent, and the courage to cultivate systems that bear fruit for generations yet unseen” – Tolulope A. Adegoke, PhD.

Leadership today is at a crossroad. Around the world, in our communities, and within our organizations, old ways of leading are straining under new pressures. This isn’t just a theoretical discussion; it’s about the quality of our daily lives, the success of our businesses, and the future of our nations. Let’s walk through the current trends, understand their very real impacts, and then explore practical, hands-on solutions that can unlock a better future for everyone.

Part 1: The Leadership Landscape – Where We Stand

The Global Picture: Beyond the Solo Leader

The image of the all-powerful, decisive leader at the top of a pyramid is fading. Today, effective leadership looks different. It’s more about empathy and service than authority. People expect their leaders—in companies and governments—to be authentic, to listen, and to foster teams where everyone feels safe to contribute. Furthermore, leadership is now tightly linked to purpose and responsibility. It’s no longer just about profits or power; stakeholders demand action on climate, fair treatment of workers, and ethical governance. Leaders must also be tech-savvy guides, helping their people navigate constant digital change while dealing with unpredictable global events that disrupt even the best-laid plans.

Africa’s Dynamic Challenge: Youth and Promise

Africa’s story is one of incredible potential meeting stubborn challenges. The continent is young, energetic, and full of innovative spirit. Yet, this tremendous asset often feels untapped. Too frequently, a gap exists between this rising generation and established leadership structures, leading to frustration. While the African Continental Free Trade Area (AfCFTA) presents a historic chance for economic unity, it requires leaders who think beyond their own borders. At the same time, democratic progress sometimes stalls, with leaders clinging to power. The most pragmatic leaders are those who engage with the vibrant informal economy—the hustlers, market traders, and artisans—who form the backbone of daily life and hold the key to inclusive growth.

Nigeria’s Pressing Reality: Crisis and Resilience

In Nigeria, the leadership experience often feels like moving from one emergency to the next. Attention is consumed by immediate crises—security threats, economic swings, infrastructure breakdowns—making long-term planning difficult. This has triggered a profound loss of confidence, visibly seen in the “Japa” phenomenon, where skilled professionals leave seeking stability and opportunity abroad. This brain drain is a direct critique of the system. Politics remains deeply influenced by ethnic and regional loyalties, which can overshadow competence and national vision. Yet, in the face of these trials, a remarkable spirit of entrepreneurial resilience shines through. Nigeria’s business people and tech innovators are daily solving problems and creating value, often compensating for wider systemic failures.

Part 2: The Real-World Impact – How This Affects Us All

These trends are not abstract; they touch lives, businesses, and countries in tangible ways.

· On Everyday People: When leadership is perceived as self-serving or ineffective, trust evaporates. People feel anxious about the future and disconnected from their leaders. This can manifest as cynicism, social unrest, or the difficult decision to emigrate. The struggle to find good jobs, feel secure, and build a future becomes harder, deepening inequalities.

· On Companies and Organizations: Businesses operate in a tough space. They face a war for talent, competing to retain skilled employees who have global options. They must also navigate unpredictable policies, provide their own power and security, and balance profitability with rising demands for social responsibility. The burden of operating in a challenging environment increases costs and risk.

· On Nations: Countries plagued by poor governance face a competitiveness crisis. They struggle to attract the kind of long-term investment that builds economies. Policy becomes unstable, changing with political winds, which scares off investors and stalls development. Ultimately, this can destabilize not just one nation but entire regions, as problems like insecurity and migration spill across borders.

Part 3: A Practical Pathway Forward – Building Leadership That Delivers

The situation is complex, but it is not hopeless. Turning things around requires deliberate, concrete actions focused on systems, not just individuals.

1. Fortify Institutions with Transparency and Merit.

We must build systems so strong that they work regardless of who is in charge.

· Action: Legally protect key institutions—the electoral body, the civil service, the courts—from political interference. Appointments must be based on proven competence and integrity, not connections.

· Action: Implement technology-driven transparency. Let citizens track government budgets and projects in real time through public online portals. Sunshine is the best disinfectant.

2. Bridge the Gap Between Leaders and the Led.

Leadership must become a conversation, not a monologue.

· Action: Create mandatory Youth Advisory Councils at all levels of government and in large corporations. Give young people a formal platform to contribute ideas and hold leaders accountable on issues like education, digital innovation, and job creation.

· Action: Leaders must adopt regular, unscripted “town hall” meetings and use simple digital platforms to explain decisions and gather feedback directly from citizens and employees.

3. Channel Entrepreneurship into National Solutions.

Harness the proven problem-solving power of the private sector.

· Action: Establish Public-Private Impact Partnerships. For example, the government can partner with tech companies to roll out digital identity systems or with agribusinesses to build modern farm-to-market logistics. Clear rules and shared goals are key.

· Action: Launch National Challenge Funds that invite entrepreneurs and researchers to compete to solve specific national problems, like local clean energy solutions or affordable healthcare diagnostics, with funding and market access as the prize.

4. Redeploy Nigeria’s Greatest Export: Its Diaspora.

Turn the brain drain into a brain gain.

· Action: Create a Diaspora Knowledge & Investment Bureau. This agency would actively connect Nigerians abroad with opportunities to mentor, invest in startups, or take up short-term expert roles in Nigerian institutions, transferring vital skills and capital.

· Action: Offer tangible incentives, like tax breaks or matching funds, for diaspora-led investments in critical sectors like healthcare, renewable energy, and vocational training.

5. Cultivate a New Mindset in Every Citizen.

Ultimately, the culture of leadership starts with us.

· Action: Integrate ethics, civic responsibility, and critical thinking into the core curriculum of every school. Leadership development begins in the classroom.

· Action: Celebrate and reward “Local Champions”—the honest councilor, the community organizer, the business owner who trains apprentices. We must honor integrity and service in our everyday circles to reshape our collective expectations.

Conclusion: The Work of Building Together

The challenge before us is not to find a single heroic leader. It is to participate in building a better system of leadership. This means championing institutions that work, demanding transparency in our spaces, mentoring someone younger, and holding ourselves to high ethical standards in our own roles.

For Nigeria and Africa, the possibility of a brighter future is not a dream; it is a choice. It is the choice to move from complaining about leaders to building leadership. It is the choice to value competence over connection, to seek common ground over division, and to invest in the long-term health of our community. This work is hard and requires patience, but by taking these practical steps—starting today and in our own spheres—we lay the foundation for a tomorrow defined by promise, stability, and shared success. The power to deliver that possibility lies not in one person’s hands, but in our collective will to act.

Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com

Opinion

Globacom Redefines Standard for Telecoms in 2026

Published

5 days ago

January 29, 2026

Eric

By Michael Abimboye

As always, Globacom is at the heart of telecoms transformation in Nigeria. The acquisition of additional spectrum, is a decisive move that has expanded network capacity and fundamentally improved customer experience.

With the ability to carry significantly higher data volumes at greater speeds, users are seeing faster downloads, stronger uploads, seamless video streaming, and clearer voice calls even at peak periods. Crucially, this expansion has driven down latency. Independent performance testing has ranked Glo as the network with the lowest latency in Nigeria, meaning faster response times whenever data commands are initiated.

This spectrum advantage is being matched on the ground by the rollout of thousands of new LTE sites nationwide. Network capacity has increased pan-Nigeria, with noticeably higher download speeds across regions. At the same time, the installation of thousands of additional towers is easing congestion and closing coverage gaps, particularly in high-density locations such as markets and tertiary institutions, where demand for fast, reliable internet is highest.

Power reliability, often the silent determinant of network quality, is also being reengineered. Globacom has deployed hybrid battery power systems across numerous sites, reducing dependence on diesel while improving sustainability. Beyond cost efficiency, this greener model delivers stronger uptime ensuring uninterrupted power supply and optimal performance for base stations and switching centres.

Behind the scenes, Glo has upgraded its switching systems and data centres to accommodate rising traffic volumes nationwide. These upgrades are designed not only for today’s demand but to ensure the network consistently meets performance KPIs well into the future, even as data consumption continues to grow.

Equally significant is the massive reconstruction and expansion of Globacom’s optic fibre cable (OFC) network. Along highways and metro routes affected by road construction, fibre routes are being reconstructed and relocated to safeguard service continuity. Thousands of kilometres of new fibre have also been rolled out nationwide, fortifying the OFC backbone, improving redundancy, reducing network glitches, and enabling the network to handle increasingly heavy data loads with resilience.

These investments collectively address long-standing coverage gaps while driving densification and capacity enhancement in already active areas, ensuring a more balanced and reliable national footprint.

At the core layer, Globacom is modernising its network elements through new platforms and applications, upgraded enterprise and interconnect billing systems, and an expanding roster of roaming partners for both in-roaming and out-roaming services strengthening its integration into the global telecoms ecosystem.

Taken together, these are not incremental upgrades. They represent a deliberate, system-wide repositioning.

In 2026, Globacom is not just improving its network; it is asserting itself as the technical leader in Nigeria’s telecommunications industry and has gone on a spending spree to satisfy the millions of subscribers enjoying seamless connectivity across Nigeria.

Opinion

How GLO Sustains Everyday Businesses in Kano, Nigeria’s Centre of Commerce

Published

1 week ago

January 25, 2026

Eric

By Dr Sani Sa’idu Baba

For more than two weeks, Kano woke up under a veil of fog. Not the poetic kind, but the stubborn Harmattan fog that dulls vision, slows movement, and disrupts daily rhythm. Dawn arrived quietly. Shops opened late. Calls failed repeatedly. Internet bars blinked on and off like uncertain promises. Across the state, one reality became impossible to ignore: communication had become a struggle. This reality carried even greater weight in the capital of Kano, the centre of commerce in Nigeria.

As Ramadan approaches and gradually leads to the celebration of Eid-el-Fitr, everyone understands what this season represents. It is a period when online businesses, both big and small, become a major source of livelihood for millions. Traders prepare for peak demand, online vendors scale up advertising, and buyers from across the country look to Kano for goods. Visitors stream in from other states, transactions multiply, and the success of this entire commercial ecosystem depends heavily on one thing: seamless network connectivity between buyers and sellers.
In Kano, where business breathes through phone calls, alerts, and instant messages, poor network is not just inconvenient, it is costly. Calling became difficult. Browsing the internet felt like a battle. For many, it meant frustration. For others, it meant loss.

As these challenges persisted day after day, conversations across the city began to take a clear and consistent direction. In homes, offices, and markets, a new conversation began to dominate discussions. A brother of mine, deeply involved in the communication business at Farm Center Market, the largest hub for telecom activity in Kano shared his amazement. Day after day, customers walked up to data vendors with one clear, confident request: “Glo data.” Not alternatives. Not experiments. Just Glo, he said. At first, it seemed puzzling. If you were already on Glo, you might not even notice the difference. But for those struggling on other networks, the contrast was undeniable. In the middle of foggy mornings and unstable signals, Glo stood firm.

And soon, the conversation spread everywhere. At tea junctions in the early hours, as people warmed their hands around cups of shayi, discussions circled around how Glo “held up” when others disappeared. In university classrooms, students whispered comparisons before lectures began, who could download materials, who could submit assignments, and which network actually worked. More strikingly, Glo users quietly turned their phones into lifelines, sharing hotspots with classmates so others could access lecture notes, submit assignments, and stay connected. At sports viewing centres, between goals and missed chances, fans debated networks with the same passion as football rivalries. In markets, traders told customers how Glo saved their day. In every gathering of people across Kano, Glo became the reference point. The reason was simple: Glo had saved businesses.

Consider the POS operator by the roadside. Every successful transaction that attracts him/her ₦100 here, ₦200 there is survival. Failed transfers mean angry customers and lost income. During these fog-heavy days, many operators would have been stranded. But where Glo bars stayed strong, withdrawals went through, alerts dropped, and trust preserved.

Picture a roadside trader making her first sale of the day through a simple WhatsApp call, her voice steady as she confirms an order that will set the tone for her business. Nearby, an online vendor advertises products in WhatsApp groups, responds to messages, takes calls from interested buyers, and confirms deliveries, all in real time. Behind every one of these small but significant transactions is reliable connectivity. Delivery riders weaving through traffic and racing against time also depend on uninterrupted network access to reach customers, confirm payments, and complete orders. In moments when other networks struggled, Glo quietly kept these wheels of commerce turning, ensuring that daily hustle did not grind to a halt. Beyond the busy streets of the city, the impact of this reliability becomes even more profound in remote villages in Kano.

Back in Kano city, rising transportation costs have reshaped the way people work. Many professionals have had no choice but to adapt, turning their homes into offices and relying heavily on the internet to stay productive. Many now attend virtual meetings, send large files, collaborate remotely, and meet deadlines without leaving their homes. In a period marked by economic pressure and uncertainty, dependable internet is no longer a convenience, it is a necessity. In these conditions, Glo continues to provide the stability that keeps work moving forward.

At this point, Glo stops being seen merely as a telecommunications company. It emerges as the invisible backbone of the Nigerian hustle, supporting the determination and resilience of everyday people. From POS operators and online merchants to students, delivery services, market traders, and remote workers who refuse to give up, Glo remains present in the background, quietly powering their efforts. In tough terrains, harsh weather, and challenging times, when other networks fluctuate or fade, Glo stays connected.

You may not always hear it announce itself loudly, and you may not notice it when everything is working smoothly. But when a single call saves a business, when one alert prevents a financial loss, and when one stable connection keeps a dream alive, Glo proves its value, not as noise or empty promises, but as consistent reliability and lived experience. And that is how quietly, consistently, and powerfully Glo continues to power Nigeria’s everyday businesses, sustaining dreams and survival UNLIMITEDLY…

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