Opinion

The Oracle: Critiquing Judges and Judgments: The Dividing Line (Pt. 3)

Published

1 year ago

April 14, 2023

Eric

By Mike Ozekhome

INTRODUCTION

In the last part of this intervention, we dealt with the following sub-topics: Self-Criticism by the Supreme Court; Legal and Contextual Frameworks (how Judges are gagged by the Code of Conduct for Judicial Officers; Laws prohibiting attacks on Judges and Appraising Relevant Laws and the Code of Conduct. In this part, we shall explore the following themes: Foreign Positions on Critiquing Judges focusing on the Unites States of America. Please read on.

FOREIGN POSITIONS ON CRITQUING JUDGES

POSITION IN THE UNITED STATES.

Going further afield, in the United States, (one of the oldest and largest democracies in the world), the situation is not much different from the above. Judgments and even judges do come under constant attack. I do not however subscribe to this. George W. Alger, writing over a century ago (in 1911) opined that “There exists today, no doubt a wholesome public opinion which protects our courts generally from the vilification and coarse libeling to which our legislative and executive officers are constantly exposed. To a certain extent, partisan platforms which protest against attacks upon the courts are healthy expressions of this public opinion. It is an encouraging feature of our democracy that at least in our attitude toward the courts, we have by general consent, decided to be civil. It is an attitude which today protects our courts from that criticism, unlimited either as to form or substance, which relentlessly pursues prominent members of co-ordinate branches of our government. It is a comparatively modern development of democracy”.

“This traditional American attitude to Judges and judgments appear to have shifted, to the extent, that over a century later, precisely in 2018, the Brennan Center for Justice, reacting to former President Trump’s criticism of Federal Judges, posited that: “Judicial rulings are criticized all the time and by all manner of people… indeed, past presidents have regularly complained about the court. This is as it should be. Judges aren’t immune from printed criticism. Like it or not, they are part of our political system. Their decisions can impact everything from how we fight terrorism to whom has the right to marry. Federal Judges in particular, have tremendous power – which they get to keep for life. That remarkable level of authority does not come with the right to never have one’s sensibilities offended by disparaging remarks”. The Centre then posted the question and answer: “ But, where, exactly, should we draw the line on criticism of the courts? Historical practice and some reflection about the role of courts in our constitutional system suggest several considerations. First, while it is quite common for officials to complain about an adverse ruling in the modern ara, it has never been considered appropriate to defy the ruling- or otherwise seek to undermine the court’s authority… Second, there is a difference between criticizing a ruling and personally attacking the Judge… of course. “Judges do sometimes behave illegally or unethically, in which case, personal criticism is fair, provided it has some actual basis. Other Judges have an off-bench habit of wading into political or other public debates… under these circumstances,(such Judges) open (themselves) up to return fire… Regardless, it is one thing to respond to a Judges political criticism and quite another to repeatedly question the personal integrity of Judges based solely on disagreement with their rulings. “There is also a difference between expressing disagreement after the fact and trying to pressure a judge to influence future decisions… more serious bullying- such a threatening impeachment for unpopular rulings – is clearing over the line. Third, it also matters who the Judge is U.S. Supreme Court Justices are at the top of the Federal judiciary, set binding precedents for the nation and are some of the most powerful people in the country. In contrast, trial Judges are closer to private citizens and lack the power, prominence and security details of members of the High Court. “They are less likely to experience an errant tweet as far more threatening than would a member of the Supreme Court. Finally, not all critics are the same. The President has a unique platform and with that comes unique responsibility. Personal attacks by the President can pose real safety risks, while even careless statements that suggest a court’s ruling should not be respected can do great harm to our system of government.” The message of the Brennan Center is clear: Go after the message; not the messenger. To drive this point home, Rule 30 and 31(1&2) provide that “a lawyer is an officer of the court; accordingly, he shall not do any act or conduct himself in any manner that may obstruct, delay or adversely affect the administration of justice”; “a lawyer shall always treat the court with respect, dignity and honour”; and also that “where the lawyer has a proper ground for complaint against a judicial officer, he shall make his complaint to the appropriate authorities.”
This is the way to go- a lawyer should make his “complaint to the appropriate authorities”. These authorities, it is respectfully submitted, refer to appealing such judgements to higher courts; asking for revision of such judgements as permitted by law; or channeling such complaints to an appropriate body such as the NJC. They do not include- and I emphasise this- personal media attacks on the very Judges that delivered the judgements. Such a step is ignoble, contemptible and dishonourable, especially considering the fact that such Judges are not in a position to reply, or defend themselves. Such must be avoided.

George Alger (“Criticising the Courts”), opines that in the U.S: “There exists today, a wholesome public opinion which protects our courts generally from vilification and coarse libeling to which our legislative and executive officers are constantly exposed. To a certain extend; party platforms which protest against attacks upon the courts are health expressions of this public opinion. It is an encouraging feature of our democracy that at least in our attitude towards the courts, we have, by general consent, decided to be civil. It is an attitude which today protects our courts from that criticism, unlimited either as to form a substance, which relentlessly pursues prominent members of coordinate branches of our government. It is a comparatively modern development of democracy. “The distinction made between the courts and other executive and legislative officers as to the form of criticism applicable to them did not exist at the time our government was founded, nor in the so-called ‘Golden Age’ of the Supreme Court. It was recognised neither by the public, nor by the great statesmen of the past” (Underline supplied for emphasis).

HOW JUDGES HAVE BEEN SUBJECTED TO VIRULENT CRITICISMS

It has been common place for Judges to be subjected to virulent and intemperate criticisms for doing their work. Teddy Roosevelt once said of Justice Oliver Wendell Holmes, “I couldn’t carve out of a banana a Judge with more backbone than that”. Apparently, trying to pressure the Supreme Courts to influence a future decision, President Barrack Obama once raised Sime eyebrows when he weighed in concerning the Affordable Care Act litigation while it was still pending before the Supreme Court. Chief Justice of the US, John Roberts, in an appearance at a judicial conference in Colorado, could not understand why the public has turned against the US apex court. Hear him:“So obviously people can say what they want, and they are certainly free to criticise the Supreme Court and if they want to say that it’s legitimacy is in question, they are free to do so…. but I don’t understand the connection between opinions that people disagree with and the legitimacy of the court.” It appears that unknown to Justice Roberts, the people are not questioning the court’s legitimacy simply because they disagree with opinions of the Supreme Court, but because they are worried that the Justices have broken from their usual adherence to precedent, offered dubious rationales and voted in what appears to be partisan lockstep. Polls had thus shown increased political polarisation in responses to the Supreme Court.

The most consequential rulings by the Republican-appointed majority favour longstanding GOP priorities. For example, on 24th June, 2020, the US Supreme Court overturned the 50 year old decision in Roe v Wade 410 U.S. 113 (1973). This created earth-quaking societal changes throughout America. The landmark decision dismantled 50 years of legal protection for abortion as a federal right and paved way for individual states to curtail or ban outright abortion rights. This judgement was made possible only because of the addition, in 2020, of Justice Amy Coney Barrett, the third appointee of former GOP President, Donald Trump. Trump had vowed to name only Supreme Justices who would reverse the 1973 precedent anchored on the Fourteenth Amendment, to the effect that a person may choose to have an abortion until a foetus becomes viable. This was based on the individual’s right to privacy. Roberta had dissented from the opinion overturning Roe; although he voted with the conservative majority to uphold the disputed Mississippi ban on abortions just after only 15 weeks. Roberts critiqued that the June decision amounted to “a serious jolt to the legal system”.

The Justices who dissented from Roe v Wade have since appeared at some events and criticised the decision in Dobbs v Jackson Women’s Health Organisation (No 19; decided on 24th June, 2022) 597 US (2022). At a 9th US Circuit Judicial conference in Big Sky, Montana, (broadcast on C-SPAN), liberal Justice Elena Kagan implicitly criticised the Dobbs decision. She observed that the court loses public trust when it discards precedent. She maintained that the court cannot presume that people will hold it in high regard; but rather, that a court must earn and retain its legitimacy “by acting like a court; by doing the kinds of things that do not seek to people as political or partisan.” She then warned, “if over time the court loses all connection with the public and with public sentiment, that is a dangerous thing for democracy.”Justice Kagan also; at a live-streamed appearance, from the Temple Emanu-El Streicker Center in New York, struck a similar note, when she said: I think Judges create legitimacy problems for themselves- undermine their legitimacy- when they don’t act so much like courts and when they don’t do things that recognisably law and when they instead stray into places where it looks like they are an extension of the political process or where they are imposing their own personal preferences”.

Chief Justice Roberts, a 2005 appointee of Republican President George W. Bush, has since been busy trenchantly sending off public disaffection and defending the court’ a legitimacy and the entire Judiciary’s integrity. That was why in November 2018, in response to Trump’s denigration of a Judge as an “Obama Judge”, Justice Roberts fired back, “We do not have Obama Judges or Trump Judges, Bush Judges or Clinton Judges.” (To be continued).

FUNTIMES

“My mind don begin tell me say na INEC mark my WAEC, becos no be wetin I write I finally get”. –Anonymous.

THOUGHT FOR WEEK

“Criticism, like rain, should be gentle enough to nourish a man’s growth without destroying his roots”. (Frank A. Clark).

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.