Opinion

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

Published

1 year 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

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

Published

6 days ago

July 20, 2024

Eric

By Michael Effiong

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Opinion

Hailing the Supreme Court on LG Allocation Judgment

Published

2 weeks ago

July 12, 2024

Eric

Prof Mike Ozekhome SAN, CON, OFR

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

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

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

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

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

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

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

Opinion

Telling the Nigerian and African Food Story to a Global Audience

Published

1 month ago

June 22, 2024

Eric

By Lydia Enyidiya Eke

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

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

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

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

A Culinary Mosaic

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

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

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

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

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

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

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

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

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

Championing Nigerian Food through Digital Platforms

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

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

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

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

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

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

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