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

Nation Building Reimagined: Integrated Principles and Strategies for Sustainable Growth

Published

12 hours ago

April 11, 2026

Eric

By Tolulope A. Adegoke, PhD

“True nation building is not the work of the state alone, but a harmonious convergence where empowered peoples provide the foundation, innovative corporates generate the momentum, and visionary institutions ensure direction — together forging sustainable prosperity, social cohesion, and enduring national strength for current and future generations” – Tolulope A. Adegoke, PhD

Nation building is a deliberate and continuous process of constructing cohesive, resilient, and prosperous societies capable of realising their full potential. It extends far beyond political structures or state institutions to encompass three interdependent spheres: peoples (individuals and communities), corporates (businesses and private-sector organisations), and nations (governance institutions and the state). When these spheres are strategically aligned through sound principles and practical strategies, they generate all-round exploits — inclusive economic growth, social cohesion, innovation, human flourishing, and global competitiveness.

This comprehensive framework offers actionable guidance for sustaining productive and progressive development. It is grounded in universal principles validated by international development experience, economic history, and governance studies, making it relevant for scholars, policymakers, business leaders, and development practitioners worldwide.

Foundational Principles of Effective Nation Building

Successful nation building rests on six core principles that transcend cultural, geographical, and ideological differences:

Inclusive Human Dignity and Agency — Recognising every citizen as both beneficiary and active architect of national progress through equal opportunity and rights protection.
Institutional Integrity and Rule of Law — Building transparent, accountable institutions that foster trust and predictability.
Economic Dynamism and Shared Prosperity — Promoting broad-based growth that benefits individuals, businesses, and the state simultaneously.
Social Cohesion and Cultural Resilience — Forging unity while respecting diversity to create a shared national identity and purpose.
Adaptive Leadership and Long-Term Vision — Combining strategic foresight with the flexibility to learn and adjust.
Sustainable Resource Stewardship — Balancing present needs with intergenerational equity in environmental and fiscal matters.
These principles provide a universal compass for development, as evidenced by cross-national data from the World Bank’s Worldwide Governance Indicators and the UNDP Human Development Reports.

Core Strategies Across the Three Spheres

For Peoples (Individuals and Communities): Nation building begins with empowering citizens. Key strategies include universal access to quality education and skills development, robust health and social protection systems, community-driven development programmes, and targeted initiatives for youth and women empowerment. These efforts enhance social mobility, reduce vulnerability, and foster active civic participation.

For Corporates (Businesses and Private Sector): Corporates serve as the primary engine of wealth creation and innovation. Effective strategies involve creating an enabling business environment, promoting public-private partnerships, enforcing strong corporate governance and ethical standards, and implementing talent development and local content policies. When supported appropriately, the private sector generates jobs, technological advancement, and tax revenues that fuel broader development.

For Nations (State Institutions and Governance): The state provides the overarching framework for progress. Strategies include institutional reform and capacity building, decentralisation for better responsiveness, evidence-based policy making, and strategic regional and global integration. Strong institutions ensure equitable rules, policy continuity, and effective service delivery.

Sustaining Progressive Growth in Nigeria

In Nigeria, this integrated framework offers a practical pathway to convert demographic and natural endowments into sustained prosperity. At the peoples’ level, investments in education, health, and skills development can transform the large youth population into a productive demographic dividend. For corporates, policy predictability, infrastructure development, and public-private partnerships can drive diversification beyond oil into agriculture, manufacturing, and digital services. At the national level, institutional reforms, anti-corruption measures, and evidence-based governance would reduce policy inconsistency and enhance public trust.

When these elements reinforce one another, Nigeria can achieve higher productivity, reduced poverty, greater social cohesion, and improved global competitiveness — creating a virtuous cycle of inclusive growth.

Advancing Development in West Africa

Within the ECOWAS region, the framework supports deeper integration and collective resilience. Strategies for social cohesion help address cross-border challenges such as irregular migration, climate impacts, and youth unemployment. Corporate-focused approaches encourage intra-regional trade and industrialisation through harmonised policies and stronger value chains. Institutional strategies promote policy coordination, joint humanitarian response, and shared security mechanisms.

By applying this model, West African countries can move from fragmented national efforts toward coordinated regional progress, enhancing food security, energy access, and economic competitiveness while building resilience against external shocks.

Driving Continental Transformation in Africa

Across Africa, the principles and strategies align closely with the African Union’s Agenda 2063 and the African Continental Free Trade Area (AfCFTA). Sustainable resource stewardship helps convert natural wealth into long-term human and infrastructure investments. The corporate strategies support regional value chains and industrialisation, while institutional reforms strengthen governance and reduce trade barriers.

When implemented continent-wide, this approach fosters inclusive industrialisation, technological advancement, and reduced external dependency — positioning Africa as a major driver of global growth in the 21st century.

Global Relevance and Contribution

On the global stage, the framework provides timely lessons for both developed and developing nations navigating technological disruption, climate change, and rising inequality. The emphasis on shared prosperity and social cohesion offers pathways to mitigate polarisation. The integration of corporates as development partners demonstrates how private-sector innovation can serve public goals. Institutional strategies of adaptive leadership and evidence-based policy making are universally applicable in managing complex transnational challenges.

Nations adopting this model contribute to global stability by reducing conflict drivers, enhancing food and energy security, and participating constructively in multilateral systems. In this way, the framework supports the United Nations Sustainable Development Goals and helps build a more equitable and resilient world order.

Conclusion: A Practical Pathway to Enduring Progress

The principles and strategies of nation building presented here constitute a balanced, interconnected discipline capable of sustaining productive and progressive growth across multiple scales. For Nigeria, they chart a course from potential to performance. For West Africa, they strengthen regional solidarity. For Africa, they accelerate continental transformation. And for the global community, they offer practical wisdom for building fairer, more stable societies.

True nation building succeeds when peoples, corporates, and state institutions reinforce one another in a virtuous cycle. Its greatest strength lies in this holistic integration — recognising that sustainable development requires empowered citizens, innovative enterprises, and effective governance working in harmony.

In an increasingly interdependent world, embracing these principles with consistency, courage, and collective ownership is not merely beneficial but essential. Nations and regions that do so will unlock enduring prosperity, resilience, and a respected place in the global community. The framework provides both the vision and the practical tools needed to turn potential into lasting achievement for current and future generations.

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

Dear CDS, NSA, Your Prodigal Sons, Brothers Have Killed General Braimah

Published

12 hours ago

April 11, 2026

Eric

By Eric Elezuo

Almost five months since the yet to be explained killing of Brigadier General Musa Uba, another high ranking military officer, another Brigadier General, has been unlived. He was Brigadier General Oseni Omo Braimah, Commander of 29 Task Force Brigade Operation Hadin Kai, Maiduguri Borno State.

The sadness that followed the brutal killing of the Brigade Commander, can almost be touched, dear Nigerians, with special reference to the National Security Adviser, Mallam Nuhu Ribadu, and his counterpart, the Chief of Defense Staff, General Olufemi Oluyede. These men, have at separate fora concassed for the kid gloves handling of terrorism activities, and terrorists.

Ribadu, it was, that asked that they be rehabilitated as they are ‘our brothers. Oluyede echoed the stand, saying the terrorists was equated to the biblical prodigal son, and therefore should be received with open hands. This he said to justify his latest ‘Operation Safe Corridor’, designed to welcome ‘repentant’ terrorists and bandits, and have them reintegrated into the society.

It is still these touted same brothers, and prodigal sons that overran a military base in Benisheikh, reportedly killing 18 soldiers including the Brigadier General. According to the Army, however, the number of deaths was overhyped, claiming that only two officers and two other soldiers were killed in the battle they said the military had the upper hand, and auccessfully repelled the assailants and maintained their positions.

Much as the military agreed that they lost four soldiers, they have failed to produce casualties, or even speak on the number, from the terrorists side, in a battle they said they had the upper hand. It’s still had to believe, only that the prodigal sons and brothers snuffed the life of a general, and according to reports, he was caught like a sitting duck.

The prodigal sons with the ‘brothers’ did not stop there; they proceeded to kill Forest Guard Commander and five others in Kwara, just as they mercilessly hacked to death eight members of the same family in Bokkos, Plateau. The list is endless. Of prodigal sons and brothers. Thanks to the NSA and the CDS.

Someone once said that that the only mercy a terrorist or bandit deserve is the mercy of God. And it is the duties of the authority to send them to God for such mercy.

Why do we keep handling merciless killers with kid gloves, and turn around to call them sons and brothers. They in turn, are only looking for opportunity to strike again.

These people have gone from being brothers to becoming animals, very dangerous and ugly beasts that have lost the capacity to show, and so should not be shown any mercy caught.

Dear NSA and CDS, you muat understand that these people have been extremely radicalised, and can no longer fit into the society of sane beings, and therefore, should be put away permanently. We can’t continue to safe corridor to experiment with the lives of Nigerians. No bandit or terrorist is worth rehabilitating, talk less of being integrated into the military. Whoever does that is complicit, and should be treated as an enemy of the Nigerian state.

The NSA and the CDS should begin now to revisit everyone they have ever pardoned or reintegrated into the society for they are part of our problem. They are culpable.

General Uba died saraa, as we say in our local parlance. We should let Braimah die saraa. We must not allow this irresponsibility happen again. I’m not borrowing any words from the president because all his words appear empty, while Nigerians continue in droves, even when the country is not really at war.

Time to jettison this brother, cousin, prodigal son rubbish, and deal decisively with terrorists and bandits.

Opinion

Ovation @30: A Triumph of Vision, Courage and African Excellence

Published

16 hours ago

April 11, 2026

Eric

By Dr. Sani Sa’idu Baba

There is an African proverb that says, “However long the night, the dawn will surely break.” No story embody this truth more powerfully than that of Chief Dele Momodu and the remarkable rise of Ovation International. Founded in April, 1996 at the height of the Sani Abacha regime, Ovation was born not out of comfort, but from adversity. In forced exile in London, faced with uncertainty and hardship, Momodu chose not to surrender to circumstance but to challenge it, daring to create a global lifestyle magazine at a time when Africa’s image was largely defined by negativity.

From that improbable beginning emerged a publication that would go on to redefine how Africa is seen by the world. Ovation introduced a different narrative, one of elegance, achievement, culture, and pride, documenting African success stories with unmatched consistency. At a time when global media often overlooked the continent’s brilliance, Ovation boldly projected it, celebrating milestones, personalities, and cultures across Africa and its diaspora. It became a powerful cultural bridge, connecting cities and continents while showcasing an Africa that is vibrant, accomplished, and globally relevant.

Over the past three decades, Ovation has not merely reported stories, it has shaped destinies and elevated generations. It has provided a platform for emerging talents in entertainment, business, and public life, often spotlighting individuals long before they attained global recognition. Its influence extended beyond storytelling into economic and social impact, creating employment for thousands across journalism, photography, real estate, design, and event production, while also setting new standards in lifestyle media, enterprenership and event documentation. Long before the rise of digital platforms, Ovation was already global, distributing African excellence to audiences around the world and strengthening the connection between Africa and its diaspora.

Through changing times and technological revolutions, Ovation International has remained consistent in quality, bold in vision, and authentic in purpose. Its ability to evolve without losing its identity is a testament to its strength as not just a magazine, but an enduring institution. Today, as it marks 30 years of impact, it stands as one of Africa’s most influential media platforms, one that has significantly contributed to reshaping global perception and asserting Africa’s place in the world.

This milestone is a celebration of resilience, vision, and legacy. It is a tribute to the pride of Africa Chief Dele Momodu, whose courage transformed hardship into history, and whose dream once considered unrealistic became a continental force. It is also a celebration of the entire Ovation family, whose dedication over the years has sustained and expanded this vision. Thirty years on, Ovation is not just a witness to Africa’s story, it is one of its most powerful storytellers.

A big thank you to Chief Dele Momodu for proving long ago that Africa is not synonymous with bad news, and congratulations on three decades of excellence proof that when the dawn finally comes, it can illuminate the world.

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