Opinion
The Oracle: Critiquing Judges and Judgments: The Dividing Line (Pt. 2)
Published
2 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
Time to Pause and Reason: Open Letter to His Excellency Peter Obi and South East Political Gladiators
Published
3 hours agoon
May 23, 2025By
Eric
By Dr Sani Sa’idu Baba
Your Excellency, Peter Obi, and the Esteemed Political Leaders of the South-East, I want to take this opportunity to reaffirm my deep love and unwavering support for the South-East region of our great nation. This region holds a special place in my heart, not just because of its rich culture, resilience, contributions to our national development, or the many Igbo friends I have whom I hold dearly, but because I believe in the boundless potential of all Nigerians irrespective of region, tribe, or religion.
My advocacy has always been rooted in the principles of justice, fairness, and unity. I remain committed to the vision of a Nigeria where every citizen, no matter their background, enjoys equal opportunity, is treated with dignity, and has a rightful place at the table of national progress. Only through equity and mutual respect can we build the inclusive and prosperous nation we all desire.
I write this open letter with both conviction and a deep sense of urgency regarding the future of the South-East in the political landscape of Nigeria. As a passionate advocate for justice, fairness, and the political advancement of the Igbo people, I feel compelled to address a critical issue that could define the political trajectory of their region: the need for strategic political alliances in the quest for the future South-East presidency.
Over the years, I have admired the resilience, ambition, and intellectual prowess of the South-East. The region has long been a pillar of Nigeria’s economic and social development. The Igbo people have proven themselves time and again in business, academia, and entrepreneurship. However, despite these contributions, they have struggled to produce a president of the Federal Republic of Nigeria. This persistent political marginalization is both frustrating and unjust. But I believe there is a way forward, and that way lies in strategic political marriages, particularly with the North. I don’t personally believe that the failure of the region to produce a democratically elected president is rooted in their low population, but the weak political alliance especially with the North. No region in Nigeria can do it alone!
Consider the path taken by the South-West in 2015. It was a calculated political maneuver that ultimately led to the emergence of Asiwaju Bola Ahmed Tinubu as President of Nigeria. The South-West, under Tinubu’s leadership, understood that the road to power was not about blind ambition or ego, but about forging alliances and making strategic decisions that would serve the collective good. In 2015, Tinubu and his political network aligned with the North, and in return, they secured political capital that eventually paved the way for the South-West to produce a president in 2023. Tinubu’s victory was not a coincidence; it was the result of a careful, calculated alliance with the Northern political establishment, a coalition that was mutually beneficial and rooted in trust.
The same strategy that led to the South-West’s success in 2015 can be employed by the South-East. The truth is, the road to the presidency for the Igbo people cannot be walked alone. It requires a partnership, a coalition, and a commitment to long-term political engagement.
Your Excellency, Peter Obi, you have earned the respect of millions of Nigerians, both in the South-East and beyond. Your presidential bid in 2023 was a historic moment for our region, but it was also a stark reminder that without a strong political alliance, it will be difficult.
It is within this context that I urge you to carefully consider the proposal put forth by His Excellency, former Vice President, Alhaji Atiku Abubakar (if he has actually proposed) to accept the position of Vice President. Some may view this suggestion with skepticism or even disdain, but I believe it presents an opportunity that should not be dismissed outright. Yes, it may come with its own challenges, but it also comes with tremendous potential. If you accept this offer, it will not only position you to serve Nigeria at the highest level of government but will also pave the way for the South-East to produce a president in the near future.
I understand that there are many who will argue against this political coalition, especially those within the ranks of the All Progressives Congress (APC) and its proponents. The detractors will attempt to sow seeds of doubt, creating division and fostering distrust. However, you must not be swayed by the negativity of those who are intent on preventing this coalition from succeeding. They know that a strong North-South-East alliance poses a real threat to their political hegemony, and they will stop at nothing to make it seem impossible.
Very important is that, history has proven the North as a political promise respecter. When the Northern political elite make an agreement, they tend to honor it. This was evident in the 2015 election when the North supported Tinubu and the South-West, as part of a broader alliance to ensure that the region would eventually produce a president. The North understands the power of coalition politics, and it is crucial that the South-East recognize this and strategically align themselves with those who can help bring about a political transformation of the region.
Your Excellency, this is not just about the personal ambitions of any one individual; this is about the future of our country at large, and South-East in particular. It is about securing the Igbo presidency not in the distant future but in the near term. The political marriage between the North and the South-East could be the key to breaking the longstanding political exclusion of the Igbo people. However, to achieve this, the South-East must not only be patient and strategic but must also be willing to make calculated political decisions that may not seem immediately gratifying.
I implore you, Your Excellency, to set aside any personal grievances or doubts that may cloud your judgment. This is about the future of our children and the legacy you leave behind. The Igbo presidency is not an impossible dream, but it will require unity, cooperation, and a clear strategy. You should therefore not allow the naysayers to dictate the course of your history. Instead, pave the way for collaboration with your political associate who you refer to as your elder brother, His Excellency Alhaji Atiku Abubakar and take the bold steps toward the realization of a Nigeria where an Igbo man or woman will sit at the highest office in the land, bringing an end to their palpable marginalisation.
To the political gladiators of the South-East, I call on you to support this vision. The road ahead may not be easy, and the sacrifices may be great, but the reward will be worth every ounce of effort. Let us unite, strategize, and make the future Igbo presidency a reality.
Yours sincerely,
Dr. Sani Sa’idu Baba, a Concerned Advocate for Justice and Fairness, writes from Kano.
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By Oyinkan Andu
In a move that has ignited widespread debate, the Nigerian House of Representatives is considering a bill that would make voting compulsory for all eligible citizens.
Spearheaded by Speaker Abbas! The same man who introduced the Counter-Subversion Bill in 2024, which proposed severe penalties, including up to 25 years imprisonment, for actions like refusing to recite the national anthem. The proposed legislation would amend the Electoral Act 2022, mandating participation under threat of penalties—up to N100,000 in fines or six months’ imprisonment.
While the proposal claims to target voter apathy, its timing and the political climate suggest it may be more about power retention than civic responsibility.
Compulsory voting is not unprecedented globally. Countries like Australia and Belgium have implemented such laws to combat voter apathy and enhance democratic participation. In Australia, for instance, non-voters face modest fines, a measure credited with maintaining high voter turnout. But those systems function on trust and electoral credibility—two ingredients sorely lacking in Nigeria’s democracy.
In Nigeria, where elections are frequently marred by violence, voter suppression, and manipulation, compulsory voting risks transform civic participation into state coercion. The right to vote should not be weaponised against the citizens it is supposed to empower. This begs the question- Why make voting compulsory in a country where elections are already deeply mistrusted? The answer may lie not in civic virtue but political strategy.
Compulsory voting, in the wrong hands, can be a powerful tool for electoral fraud. Here’s how:
-> Artificial Turnout Inflation: By forcing citizens to vote, the government can create a façade of mass participation, lending legitimacy to results that may have been manipulated.
-> Targeted intimidation: With penalties looming, the law gives local political operatives another excuse to harass, intimidate, or coerce populations, especially in opposition strongholds
-> Suppression Disguised as Enforcement: The enforcement of fines or jail time could be selectively applied to disenfranchise marginalised or opposition-leaning groups under the guise of legal compliance
In short, this bill risks becoming a legal cover for voter suppression, data manipulation, and election rigging—hallmarks of authoritarian democracies in disguise.
The bill’s proponents cite low voter turnout as a justification. In the 2023 general elections, only about 27% of registered voters participated, a decline from previous years. Yet, this approach may overlook underlying issues such as electoral violence, vote-buying, and lack of trust in the electoral system. Instead of addressing these root causes, the bill appears to shift responsibility onto the electorate.
The timing and nature of the bill have led to speculation about its political motivations. Some analysts suggest it could be a strategy by the ruling All Progressives Congress (APC) to legitimise future elections and suppress dissent. By mandating participation, the government might aim to project an image of robust democratic engagement, regardless of the electorate’s genuine sentiments. Civil society organisations, including the Socio-Economic Rights and Accountability Project (SERAP), have condemned the bill, labelling it as oppressive and inconsistent with constitutional rights. They argue that the focus should be on creating a conducive environment for free and fair elections, not penalising citizens for abstention.
Even setting politics aside, enforcing such a law is impractical. How will the underfunded enforcement agencies verify who didn’t vote and why? What constitutes a “valid excuse”? Will overstretched courts prosecute millions of non-voters?
In a country still struggling to issue reliable national ID cards and prevent electoral fraud, enforcement of such a policy borders on fantasy—or worse, it becomes an excuse for targeted harassment. Further still, implementing such a law poses significant challenges. Determining valid excuses for non-voting, ensuring accurate records of participation, and enforcing penalties would require substantial administrative resources. In a country grappling with infrastructural deficits and bureaucratic inefficiencies, these hurdles could render the law ineffective or lead to selective enforcement.
Voter apathy in Nigeria is a symptom, not the disease. Citizens stay home on election day because they believe the process is broken. Forcing them to participate doesn’t restore democracy—it reinforces their disillusionment. While increasing voter turnout is a commendable goal, if well intentioned, mandating participation through punitive measures may not be the solution. Addressing the root causes of voter apathy, such as electoral malpractice, insecurity, and lack of trust in governance—should take precedence. Democracy thrives not merely on participation but on the freedom to choose, including the choice not to participate.
As Nigerias navigates its young democratic journey, policies should aim to empower citizens, not coerce them. Genuine engagement stems from trust and transparency, not compulsion. If the Nigerian Political elite or “Government” as some may call it wants real reform, it must earn participation—not demand it.
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By Yemi Edun
Aare Dele Momodu is undoubtedly one of the most recognisable names, voices, and personalities to emerge from the world’s most populous Black nation Nigeria.
Anyone who has travelled with Bob Dee would understand the magnetic presence he carries from Atlanta Georgia, Accra to Nairobi, down to Central London. He receives nods of admiration, requests for photos, and warm pats on the back wherever he goes. A true cultural ambassador, effortlessly at ease in rich native attire, which his commanding presence makes look truly majestic, he wears native outfits like royalty.
He is a consummate storyteller, an indefatigable workhorse, and one of the most selfless and hospitable people I know. His generosity is legendary. Mention Dele Momodu at any Marriott Hotel in East Africa, and you can expect the red carpet to be rolled out.
I was stunned at Kotoka International Airport as immigration and customs officials broke into chants of “Ovation! Ovation!” while we walked through, it was surreal but perfectly fitting for a man so deeply respected.
Bob Dee is at home with the old and young, with royalty and regular folk alike. There are countless moments that reflect his goodness, but allow me to share just one:
In Summer 2023, while holidaying in Accra with my family, Aare generously assigned his Ghanaian chef to us for two full weeks serving delicious meals until we had to kindly ask him to pause! Not long after, he flew into Accra and hosted us at La Chaumiere his favourite upscale French restaurant, where his presence is evidently cherished.
As my daughter and I prepared to return to London, we discovered shockingly that her passport had expired just a day earlier. I had to remain behind to resolve the issue. By divine timing, Bob Dee called to check in, and upon hearing the situation, immediately sent his driver. We spent that night in his elegant Accra home.
The next morning, using her Nigerian passport, we flew into Lagos. On his advice, I contacted Mr. Governor, and thanks to that call and Bob Dee’s understanding of the terrain, a new British passport was issued the same day.
Happy Birthday, Aare. A charismatic gentleman, who treats all with warmth and deserved respect.
@yemiedundf
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