Connect with us

Opinion

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

Published

on

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:

  1. 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;

  1. A Judge should not involve himself or herself inappropriately in public controversies;
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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).

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Opinion

A Vindicating Truth: A Factual Presentation on the Supreme Court’s Intervention in the ADC Leadership Matter

Published

on

By

By Comrade IG Wala

To All Nigerians, Party Stakeholders, and Lovers of Democracy,

In the life of every great political movement, there comes a moment where the noise of confusion meets the silence of the Law. For the African Democratic Congress (ADC), that moment arrived on April 30, 2026.

For months, the ADC was held in a state of judicial paralysis caused by a lower court order that froze the party’s activities. This order did not just affect a few leaders, it threatened to delete the ADC from the Nigerian political map and disenfranchise millions of supporters ahead of the 2027 General Elections.

Today, we present the facts of the Supreme Court’s intervention to ensure that every Nigerian, from the city centers to the grassroots, understands that Justice has spoken, and the ADC is alive.

The Three Pillars of the Supreme Court’s Ruling:

1. The End of Paralysis (The Status Quo Order)!

The Supreme Court, led by Justice Mohammed Garba, was clear and firm: the Court of Appeal’s order to maintain a “status quo” was improper and unwarranted. The apex court recognized that you cannot freeze a political party indefinitely without a trial. By setting this aside, the Supreme Court rescued the ADC from a leadership vacuum that was being used to justify de-recognition by INEC.

2. The Restoration of Administrative Legitimacy.

By nullifying the appellate court’s freeze, the Supreme Court effectively restored the David Mark-led National Working Committee to its rightful place. This means that for all official, administrative, and electoral purposes, the ADC now has a recognized head. The party is no longer a ship without a captain; the doors of the headquarters are open, and the party’s name remains firmly on the ballot.

3. The Order for a Fresh Trial on Merits.

True to the principles of fair hearing, the Supreme Court did not simply gift the party to one side. Instead, it ordered the case back to the Federal High Court for an accelerated hearing. This is a victory for the Truth. It means the court is not interested in technicalities or stopping the clock, it wants to see the evidence, read the Party Constitution, and deliver a final judgment based on the Right vs. Wrong.

Note: I will drop the 7 prayers made to Supreme Court by ADC in the comment section.

A Message to Our Members and Supporters.
To our members who have felt a sense of fear, apprehension, or a lack of confidence in the Nigerian courts, let your hearts be at peace.

It is a delusion to believe that gross injustice can simply walk through the doors of our highest courts unnoticed. This matter is currently one of the most publicized and people-centric cases in Nigeria. In such a bright spotlight, the Judiciary acts not just as a judge, but as a shield for the common man.

The Law is not a tool for the crafty, it is a searchlight for the Truth.
Inasmuch as they say the Law is blind, it sees with perfect clarity the difference between a lie and the truth, between right and wrong. The Supreme Court’s refusal to let the ADC be strangled by procedural delays is proof that the system works for those who stand on the side of justice.

Our confidence is not in personalities, but in the Process. We are returning to the Federal High Court not with fear, but with the armor of Truth.

The Handshake remains strong, the vision is clear, and our participation in the 2027 elections is now legally anchored.

Stand tall. The ADC has been tested by the fire of the courts, and we have emerged not just intact, but vindicated.

Signed,
Comrade, IG Wala.
02/04/26. — with Shareef Kamba and 14 others.

Continue Reading

Opinion

The Police is Your Friend and Other Lies We No Longer Believe

Published

on

By

By Boma Lilian Braide (Esq.)

There was a time in Nigeria when the phrase The Police is Your Friend was not a national joke. It was a civic assurance, a symbolic handshake between the state and its citizens. It represented the ideal of a civil security architecture built on trust, service, and protection. Today, that once reassuring slogan has decayed into a bitter irony. It no longer evokes safety; it provokes fear. It no longer signals partnership; it signals danger. What should have been the soul of Nigerian civil state relations has become a cruel parody of our lived experience at checkpoints, stations, and on the streets.

The Nigerian security apparatus has undergone a transformation so profound that it now resembles a predatory machine rather than a protective institution. The sight of a police patrol vehicle, which should ordinarily bring comfort, now triggers anxiety. Citizens instinctively brace themselves, not for assistance, but for extortion, harassment, or violence. We are not merely witnessing isolated incidents of misconduct. We are watching a pattern of state enabled brutality unfold in real time, a pattern so consistent that it feels like a televised execution of the social contract. In this grim theatre, the Nigerian state often appears not as the protector but as the principal aggressor.

On Sunday, April 26th 2026, the quiet air of Effurun in Delta State was shattered by the crack of a service pistol. What should have been an ordinary Sunday afternoon became the final chapter in the life of twenty-eight year old Mene Ogidi. A viral video, barely two minutes long, captured the horrifying scene. Ogidi sat on the dusty ground, his hands tied behind him with a rope. He was unarmed, exhausted, and pleading in his mother tongue for a chance to explain himself. Standing over him was a man in plain clothes, a man sworn to protect the very life he was about to extinguish. Assistant Superintendent of Police Nuhu Usman raised his pistol and fired two shots at close range into the body of a restrained, helpless citizen.

This was not a confrontation. It was not a crossfire. It was not a struggle for a weapon. It was an execution. A daylight assassination carried out by a state paid officer who felt so insulated by impunity that he performed his violence in front of a digital audience. The collective outrage that followed was not simply about one death. It was the eruption of a nation that has watched this script repeat itself far too many times.

Barely days later, in Dei-Dei Abuja, another life was cut short. A National Youth Service Corps member was shot inside his father’s compound. Authorities described it as a mistake during a crossfire, but the silence that followed spoke louder than any official explanation. These tragedies are not anomalies. They are symptoms of a deep institutional rot, a rot that has turned the badge into a license for violence rather than a symbol of service.

Extrajudicial killings in Nigeria represent a direct assault on the fundamental right to life and the presumption of innocence. When a law enforcement officer assumes the roles of accuser, judge, and executioner, the very foundation of the state begins to crumble. In the case of Mene Ogidi, the Delta State Police Command admitted that the officer acted in gross violation of Force Order 237, the regulation governing the use of firearms. This admission is significant because it reveals that the problem is not the absence of rules. The problem is the collapse of discipline, the erosion of accountability, and the entrenchment of a culture of impunity.

Between 2020 and 2025, Nigerian security agencies were implicated in nearly six hundred violent incidents against civilians, resulting in more than eight hundred deaths. The Nigeria Police Force accounted for over half of these fatalities. These numbers paint a disturbing picture. The institutions funded by taxpayers to provide security have become one of the greatest threats to their safety.

The psychology behind this brutality is rooted in the absence of consequences. When officers believe that nothing will happen after they pull the trigger, the threshold for using lethal force drops to zero. In the Effurun case, reports suggest that the suspect was even transported to a station after the initial shooting, only to be shot again. This level of cruelty reflects a complete dehumanization of the citizenry. The victim is no longer seen as a person with rights. He becomes a disposable suspect. This mindset is a legacy of the defunct SARS unit, whose methods and mentality continue to shape policing culture. Rebranding SARS into SWAT or the Rapid Response Squad means nothing if the same men, trained in the same violent ethos, continue to operate with the same predatory instincts.

The Nigerian police system has evolved from a flawed institution into what many citizens now describe as a state sponsored cartel. The Zero Tolerance mantra often repeated by the Inspector General of Police, Olatunji Disu, has become a public relations slogan that evaporates at every checkpoint. The immediate dismissal and recommended prosecution of ASP Usman and his team may satisfy the public’s immediate hunger for justice, but it does not address the deeper institutional vacuum that allowed an officer to believe he could execute a restrained suspect without consequence. If accountability only occurs when a video goes viral, then we are not being policed. We are being hunted by a uniformed gang that is occasionally caught on camera.

This raises critical questions. Where were the superior officers? Where was the Area Commander while this culture of execution was taking root? Command responsibility in Nigeria remains a myth. Until a Commissioner of Police is removed for the actions of their subordinates, there will be no internal incentive to reform. The decay is structural. We are recruiting frustrated individuals, training them in aggression rather than professionalism, and unleashing them on a population they are conditioned to view with suspicion and contempt.

The mistake narrative used in the Abuja NYSC shooting reflects this tactical incompetence. A professional force does not mistake a youth corper in his bedroom for a combatant. Nigerians are effectively subsidising their own endangerment, paying for the bullets that cut down their brightest young citizens. A nation cannot survive this level of uniformed recklessness. The state has lost its monopoly on violence to its own agents. When police officers fear the citizen’s camera more than they respect the citizen’s life, the system has failed.

Five years after the historic 2020 End SARS protests, the systemic reforms promised by government remain largely unfulfilled. Only a handful of states have implemented the recommendations of the judicial panels or compensated victims. The National Human Rights Commission reported in July 2025 that it had received over three hundred thousand complaints of abuses. This staggering figure reflects the scale of the crisis. While the current Inspector General has introduced new regulations to align the Police Act of 2020 with operational realities, the gap between a gazetted document in Abuja and a patrol team in Delta remains vast.

The solution to this bloodletting must be radical and structural. First, police oversight must be decentralised. Relying on Force Headquarters in Abuja to discipline an officer in a remote community is inefficient and ineffective. Each state should have an independent, citizen led oversight board with the authority to recommend immediate suspension and prosecution without interference from the police hierarchy.

Second, Force Order 237 must be overhauled to strictly limit the use of firearms to situations where there is an immediate and verifiable threat to life. Under no circumstances should a restrained or surrendering suspect be shot.

Third, Nigeria must address the mental health and welfare of police officers. Men who live in dilapidated barracks, earn inadequate wages, and operate under constant stress are more likely to lash out at the public. However, poverty cannot be an excuse for murder. Welfare reform must go hand in hand with strict accountability.

Finally, justice must not only be done but must be seen to be done. The trial of ASP Usman and others like him should be public, transparent, and swift. It must serve as a deterrent that resonates in every police station across the country. The era of secret disciplinary rooms must end. Nigeria must invest in technology driven policing, not only in weapons but in body cameras and digital accountability systems. When officers know they are being recorded, hesitation replaces recklessness.

A NATIONAL CALL TO ACTION

The era of Orderly Room secrecy must end. Nigeria must decentralise police disciplinary trials, moving them from closed sessions in Abuja to open, civilian led inquiries in the states where the abuses occur. A National Firearms Audit is urgently needed. Every officer must account for every round issued, and any missing ammunition should trigger automatic suspension for the entire chain of command.

The National Assembly must fast track the Victims of Police Brutality Trust Fund, ensuring that compensation becomes a legal right funded directly from the budgets of offending commands. Nigeria must stop being a nation of post script outrage. Command responsibility must become law. If an officer under a Commissioner’s watch executes a handcuffed suspect, that Commissioner must lose their job alongside the shooter.

The blood of Mene Ogidi and the NYSC member in Dei Dei is a stain on our national conscience. It is a reminder that as long as one Nigerian can be tied up and shot without trial, no Nigerian is truly safe. Silence is no longer an option. Waiting for the next viral video is no longer acceptable. The time to demand change is now.

Continue Reading

Opinion

Kwankwaso-Obi Anti-Coalition Alliance and the Perception of the North

Published

on

By

By Dr. Sani Sa’idu Baba

Let’s not sugarcoat it, what is unfolding is not just political maneuvering for 2027, but a carefully calculated roadmap to 2031. Anyone who believes Rabiu Musa Kwankwaso is acting out of patriotism or prioritizing Nigeria above his personal ambition is simply ignoring the pattern before us. His willingness to deputise Peter Obi is not born out of ideological alignment or national interest, it appears to be a strategic move aimed at one target weakening Atiku Abubakar and ensuring he does not emerge as president in 2027.

Kwankwaso’s real calculation seems anchored in 2031. He understands that as long as Atiku remains active and contesting, his own presidential ambition struggles to gain traction, especially in the North where Atiku’s influence remains deeply rooted. By positioning himself in a way that could undermine Atiku now, he potentially clears the path for himself later, when he can conveniently lean on the “it is the turn of the North” narrative with stronger moral leverage. This is not about helping Obi win, it is about ensuring Atiku is completely removed from the equation.

It is also important to state plainly that Kwankwaso is fully aware of his electoral limitations in this arrangement. He knows he cannot significantly attract Northern votes for Obi beyond a few pockets, even within Kano State. And even there, the good people of Kano are far more politically aware and discerning than to be swayed purely by sentiment. This makes the entire proposition even more questionable, if the electoral value is limited, then the intention behind the alliance becomes even clearer. It suggests that even if he joins an Obi ticket, it is not driven by a genuine commitment to Obi, the Igbo, the South-East or Nigeria but by a broader personal calculation.

Northerners must understand that this is a long game, and every move appears deliberately designed. Kwankwaso seems cautious not to overtly confirm growing suspicions that he is working, directly or indirectly, to the advantage of Bola Ahmed Tinubu. Yet, many are beginning to connect the dots. The belief that there is an underlying alignment is gaining ground, especially when actions repeatedly result in one outcome, a divided North that weakens its collective electoral strength, a repeatation of 2023 in a different style. The alignment of Kwankwaso’s political godson and the governor of Kano Abba Kabir Yusuf with Tinubu only fuels this perception, suggesting a dual-front approach: one operating directly and visibly, the other indirectly and subtly.

This is not the first time such a pattern is being observed. Many Northerners still recall similar dynamics from 2023, and recent developments have only intensified the conversation. In fact, within just the last 24 hours, the level of criticism and open dissatisfaction directed at Kwankwaso across Northern Nigeria has been unprecedented. What was once dismissed as mere suspicion of a quiet alliance is now, in the eyes of many, being confirmed by actions seen as disruptive to any meaningful coalition.

For Kwankwaso, this moment carries significant weight. The long-circulating “sellout” label, which many had hesitated to firmly attach, now appears to be finding a resting place in public discourse. Should he once again position himself outside a collective Northern arrangement, that perception may become permanently entrenched.

The implications for the North are serious. Voting Obi because of Kwankwaso, which is unlikely, could fracture an already consolidated political base, reduce its bargaining power, and ultimately produce outcomes that do not reflect its true strength. The North has never historically rejected a dominant figure like Atiku in favor of a subordinate position, nor has it embraced a configuration where its most established candidate is sidelined. The idea that the region would choose Kwankwaso as a deputy while overlooking Atiku as a president is not just improbable, it runs contrary to established Northern political behavior.

What is at stake goes beyond individual ambition. The North is fully conscious of the stakes and increasingly resolute in its direction. There is a growing determination to stand firmly behind its own Atiku Abubakar, to protect its collective political strength, and to resist any arrangement that appears designed to divide it. The signals are clear, the North has decided, and it will not fall into what many perceive as calculated traps, whether from Kwankwaso or from forces seen as working against its cohesion and democratic leverage….

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

Continue Reading

Trending