Opinion
The Oracle: Critiquing Judges and Judgments: The Dividing Line (Pt. 2)
Published
3 years agoon
By
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).
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Opinion
Give What, to Gain What? Reflections on the 2026 International Women’s Day Theme
Published
10 hours agoon
March 5, 2026By
Eric
By Oyinkansola Badejo-Okusanya
At first glance, the theme of this year’s International Women’s Day celebration sounded a little odd to me.
Last year’s theme, Accelerate Action, was clear enough. You read it and immediately understood it as a call to move faster, push harder, do more, close the gaps. It was energetic, direct and unambiguous.
But “Give To Gain”? Give what? To whom? And to gain what, precisely? How is giving a pathway to gender equity? In the legal profession, and in leadership generally, we are trained to think in terms of advantage. What do I gain? What do I secure? What do I protect? But the more I reflected, the more I realised that perhaps that reflection was the point. Because my reflection took me to some of the most defining moments in my professional journey, and they did not come from what I took. They came from what someone chose to give.
A colleague who gave me insights instead of indifference, a leader who gave me visibility in a room where my voice would have been overlooked, a mentor who gave me honest feedback when flattery or a comfortable silence would have been easier.
None of those acts diminished them. They did not lose relevance, influence, or authority. If anything, their giving expanded their impact. Sometimes, some of us act as though giving someone else room to rise somehow shrinks our own space. But leadership does not weaken when it is shared wisely. It deepens.
That is the quiet power behind “Give To Gain”, and the paradox at the heart of this year’s theme. “Give To Gain” is not a call to diminish ourselves. It is a call to invest in one another because when we give from strength, we gain strength. So give respect.
give access. Give honest evaluation. Give opportunity without prejudice. And you will gain trust, loyalty and potential. Give mentorship and gain contunuity, give equal footing and gain the full measure of talent available. That kind of giving multiplies gain.
So perhaps the theme is not so odd after all. In a world that often asks, “What do I stand to lose?” this year’s International Women’s Day asks instead, “What could we stand to gain, if we were all willing to give?”
In the context of gender equity, the theme becomes even more compelling. Giving equal footing is not about doing women a favour; it is about acknowledging merit. When barriers fall, capacity rises to the surface. When access expands, talent flourishes. When women thrive professionally, institutions gain.
Against this backdrop, I began to think about the remarkable women who embodied this principle long before it became a theme. Women who gave intellectual rigour to complex situations and gained distinction. Women who gave courage and resilience in the face of resistance or in rooms where they were the only one, and gained respect. Women who gave mentorship to younger women and gained a legacy that cannot be erased.
Women who gave integrity to public service and the private sector and gained trust and admiration that cannot be manufactured.
Women whose boldness did not ask for permission to contribute. They did not lower their standards to fit expectations.
They gave of their intellect, their discipline, their time and their resilience, and in doing so they expanded the space for others. That is the spirit I want to honour this IWD month.
Beginning tomorrow, on International Women’s Day and continuing through all the remaining days of March, I will be celebrating a female icon who exemplifies this principle. Women who have given and gained. Each day, one story. One journey.
One example of boldness in action. Not to romanticise their journeys or suggest that their paths were easy, but to illuminate them and show what is possible when you dare to try.
Each profile will tell a story of contribution and consequence, of how giving strengthens, and how excellence, when sustained with integrity, inevitably earns its place.
My hope is that other women will read these stories and recognise themselves in them. That men also will read them and see leadership, not limitation. And that we will all be reminded that progress is rarely accidental. It is built, often quietly, by those willing to give more than is required.
If this year’s theme “Give To Gain” means anything to me, it means that we must intentionally amplify the inspiring examples that prove what is possible when women are bold.
Because inspiration and visibility are forms of giving. And sometimes, the simple act of telling a story is the spark that lights ambition in someone who was unsure where or whether she belonged.
This March, I choose to give inspiration and visibility and honour where it is so richly deserved.
And I trust that in doing so, we will gain a stronger world, a clearer sense of direction and possibility and another generation of women bold enough to step forward without apology.
Now the theme no longer seems strange. Now I understand that when we give boldly, we gain collectively. And that is a theme worth celebrating.
Oyinkansola Badejo-Okusanya, SAN FCIArb
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Opinion
Beyond the Vision: The Alchemy of Turning Ideas into Execution
Published
5 days agoon
February 28, 2026By
Eric
By Tolulope A. Adegoke PhD
History is littered with the skeletons of great ideas that never saw the light of day. In boardrooms and basements across the world, concepts with the power to reshape industries lie dormant, suffocated not by a lack of merit, but by a lack of execution. We live in an era that venerates the “light bulb moment,” yet the painful truth, as articulated by venture capitalists and historians alike, is that ideas are a dime a dozen; it is execution that is richly rewarded . The journey from the spark of imagination to the tangible reality of a finished product, a profitable corporation, or a thriving nation is an alchemical process. It requires the transformation of abstract thought into concrete action—a discipline that separates the dreamer from the builder. This evolution of an idea into reality is not a mystical event but a replicable process, best understood through the distinct exemplars of visionary individuals, resilient corporations, and transformative nations.
The Individual: The “Thinker-Doer” Synthesis
The romantic notion of the genius lost in thought, sketching blueprints while others do the heavy lifting, is a seductive myth. The reality, as demonstrated by history’s most impactful figures, is that the major thinkers are almost always the doers. Steve Jobs, a figure synonymous with innovation, famously articulated this principle by invoking the ultimate Renaissance man, Leonardo da Vinci. Jobs argued that the greatest innovators are “both the thinker and doer in one person,” pointing out that da Vinci did not have a separate artisan mixing his paints or executing his canvases; he was the artist and the craftsman, immersing himself in the physicality of his work . For Jobs, this synthesis was the guiding doctrine of Apple. He understood that abstract ideation is sterile without the feedback loop of hands-on mastery. The refinement of the Mac’s typography, the feel of a perfectly weighted mouse, the intuitive interface of the iPhone—these were not born from pure theory but from an obsessive, tactile engagement with the building process. The “doer” digs into the hard intellectual problems precisely because they are engaged in the act of creation.
This principle is further illuminated by the career of Elon Musk. While often perceived as a master inventor, Musk’s greatest genius may lie in his ability to execute existing ideas at a scale and speed previously thought impossible. He was not a founder of Tesla on day one, but he stepped in to spearhead its execution, transforming an electric vehicle concept into a global automotive powerhouse. At SpaceX, he inherited the age-old idea of space travel but revolutionized its execution by challenging fundamental cost structures and vertically integrating manufacturing. Musk embodies the “thinker-doer” by immersing himself in the engineering details, sleeping on the factory floor, and distilling complex challenges down to their fundamental physics. Both Jobs and Musk validate the venture capital adage that investment is placed not in ideas, but in the people capable of navigating the treacherous path from Point B to Point Z—the messy, unglamorous grind where visions are either realized or abandoned.
“In the architecture of achievement, ideas are merely the blueprints; execution is the foundation, the steel, and the mortar. A blueprint without a builder is just a dream drawn on paper” – Tolulope A. Adegoke, PhD
The Corporation: Engineering the Culture of Execution
For corporations, the evolution of an idea into reality is not a one-time event but a cultural imperative. It demands a structure and a philosophy that bridges the notorious gap between strategy and outcome. Procter & Gamble (P&G), a consumer goods giant, provides a master-class in adapting its execution model to survive and thrive. Despite investing billions in internal research and development, P&G recognized that its traditional closed-door approach was failing to meet innovation targets. The company evolved its idea-generation process by embracing “Connect + Develop,” opening its innovation pipeline to external inventors, suppliers, and even competitors. This shift in mindset was merely the idea; the reality was the rigorous, internal execution that vetted, integrated, and scaled those external concepts—like the Mr. Clean Magic Eraser, which was discovered as a prototype in Japan and flawlessly executed by P&G’s operational machine. The company’s success hinges on what researchers call “imaginative integrity”—the ability to make an imagined future so tangible that the entire organization can build toward it.
Similarly, UPS stands as a testament to the power of “creative dissatisfaction.” For over a century, UPS has operated not on bursts of pure invention, but on the relentless engineering and re-engineering of its systems. Founder Jim Casey instilled a culture where the status quo was perpetually questioned—from testing monorail-based sort systems to optimizing delivery routes with algorithmic precision. The idea was not merely to deliver packages, but to create the pinnacle of logistical efficiency. The execution involved tens of thousands of employees “pulling together” to transform the organization repeatedly, embracing changes that ranged from entering the common carrier business in the 1950s to mastering e-commerce logistics in the 1990s. These companies succeed because they build what management experts call the “five bridges” to execution: the ability to manage change, a supportive structure, employee involvement, aligned leadership, and cross-company cooperation. At Costco, this is embodied by CEO James Sinegal, whose Spartan office and relentless focus on in-store details align leadership behavior with the company’s razor-thin margin strategy, proving that execution is modeled from the top down.
The Nation: The Political Economy of Progress
The evolution of ideas into reality scales beyond individuals and firms to the very level of nations. The economic trajectories of countries are determined by their ability to adapt foreign concepts and execute them within local contexts. The post-war rise of Japan is perhaps the most powerful example of this phenomenon. In the early 20th century, Japan was exposed to American ideas of scientific management, but the devastation of World War II left its industrial base in ruins. The idea that saved Japan was quality control, imported through lectures from American scholars W. Edwards Deming and Joseph Juran. The genius of Japan, however, was not in the adoption of the idea, but in its adaptation. Private organizations like the Union of Japanese Scientists and Engineers (JUSE) took the lead, transforming foreign theories into the uniquely Japanese practice of Total Quality Management (TQM) and the grassroots phenomenon of Quality Control circles. This was not government-mandated execution; it was a national movement of “thinker-doers” on the factory floor, relentlessly refining processes. The evolution of this idea rebuilt a nation, turning “Made in Japan” from a byword for cheap goods into a global standard for reliability.
In contrast, Singapore represents a different model of national execution: the state as a strategic architect. Upon independence, Singapore possessed few natural resources and a uncertain future. The government, however, possessed a clear-eyed vision of industrial development. It actively sought external assistance from the United Nations and Japan, but crucially, the Singaporean authorities acted as the “agent of adaptation” . They did not passively accept advice; they made decisive judgments about what was relevant to their unique circumstances and demanded specific adaptations. This disciplined, top-down execution of economic strategy—from building world-class infrastructure to enforcing rigorous education standards—evolved the idea of a “sovereign nation” into the reality of a first-world entrepôt. The contrast with nations like Tunisia, where external donors took the lead due to a lack of domestic policy clarity, highlights a fundamental truth: ideas flow freely across borders, but the ability to execute them is a domestic condition, cultivated through leadership and institutional will.
Conclusion: The Integrity of the Build
Ultimately, the evolution of an idea into reality demands what can be termed “imaginative integrity”—the unwavering commitment to binding the vision to the execution. It is a concept that applies equally to the Renaissance painter mixing his own pigments, the CEO sleeping on the factory floor, and the nation-state meticulously adapting foreign technology. The world is full of “crude ideas” that lack the refinement of execution; even a brilliantly designed structure like MIT’s Stata Center can falter if the craftsmanship of its realization is flawed.
The journey from “A to Z” is long, and the gap between strategy and outcome is the graveyard of potential. To traverse it, one must recognize that thinking and doing are not sequential acts but concurrent disciplines. The doers are the major thinkers, for they are the ones who test hypotheses against reality, who adapt to feedback, and who possess the grit to push through the inevitable obstacles. Whether it is a nation reshaping its economy, a corporation reinventing its logistics, or an individual defying the limits of technology, the lesson remains constant: the future belongs not just to those who can dream it, but to those who can build it.
Vision sees the path; execution walks it, blisters and all. The distance between a dream and a legacy is measured only by the courage to begin the work.
History does not remember the whisper of a thought, but the echo of its impact. To think is human, but to execute is to leave a mark on time.
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
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Opinion
How an Organist Can Live a More Fulfilling Life
Published
1 week agoon
February 23, 2026By
Eric
By Tunde Shosanya
It is essential for an Organist to live a fulfilling life, as organ playing has the capacity to profoundly and uniquely impact individuals. There is nothing inappropriate about an Organist building their own home, nor is it unlawful for an Organist to have a personal vehicle. As Organists, we must take control of our own futures; once again, while our certificates hold value, organ playing requires our expertise. We should not limit ourselves to what we think we can accomplish; rather, we should chase our dreams as far as our minds permit. Always keep in mind, if you have faith in yourself, you can achieve success.
There are numerous ways for Organists to live a more fulfilling and joyful life; here are several suggestions:
Focus on your passion. Set an example, and aim for daily improvement.
Be self-reliant and cultivate harmony with your vicar.
Speak less and commit to thinking and acting more.
Make choices that bring you happiness, and maintain discipline in your professional endeavors.
Help others and establish achievable goals for yourself.
Chase your dreams and persist without giving up.
“Playing as an Organist in a Church is a gratifying experience; while a good Organist possesses a certificate, it is the skills in organ playing that truly matter” -Shosanya 2020
Here are 10 essential practices for dedicated Organists…
1) Listen to and analyze organ scores.
2) Achieve proficiency in sight reading.
3) Explore the biographies of renowned Organists and Composers.
4) Attend live concerts.
5) Record your performances and be open to feedback.
6) Improve your time management skills.
7) Focus on overcoming your weaknesses.
8) Engage in discussions about music with fellow musicians.
9) Study the history of music and the various styles of organ playing from different Organists.
10) Take breaks when you feel fatigued. Your well-being is vital and takes precedence over organ playing.
In conclusion, as an Organist, if you aspire to live towards a more fulfilling life in service and during retirement, consider the following suggestions.
1) Plan for the future that remains unseen by investing wisely.
2) Prioritize your health and well-being.
3) Aim to save a minimum of 20 percent of your monthly salary.
4) Maintain your documents in an organized manner for future reference.
5) Contribute to your pension account on a monthly basis.
6) Join a cooperative at your workplace.
7) Ensure your life while you are in service.
8) If feasible, purchase at least one plot of land.
9) Steer clear of accumulating debt as you approach retirement.
10) Foster connections among your peers.
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