Opinion
The Oracle: Critiquing Judges and Judgments: The Dividing Line (Pt. 4)
Published
3 years agoon
By
Eric
By Mike Ozekhome
INTRODUCTION
Last week, we dealt with foreign positions on critiquing Judges (with the USA as a case study) in the previous episode, today’s focus is on instances where lawyers were sanctioned for wrongly critiquing Judges and others where they escaped or were spared from such misbehavior.
CASES IN WHICH LAWYERS ESCAPED SANCTION
Frankfurt Kurnit Klein & Selz PC, a boutique law firm knowledgeable in Media, Entertainment, Advertising and Intellectual Property law, has, in a brilliant piece titled, “Professional Responsibility Law- Lawyers Beware: Criticising Judges Can be Hazardous to your Professional Health” (Professional responsibility.ffks.com), given several instances when lawyers escaped the noose of Judges after criticising them, while others were caught in the web. They warned that: “For lawyers, the message is inescapable. Publicly opining on the character, integrity, competence or motivation of a Judge is perilous, and all the more so when a lawyer accuses a Judge of bias, corruption or playing politics. Although most states hinge discipline on a finding that a lawyer’s comments about a Judge are knowingly false or made with reckless disregard for the truth, many recent decisions seem to focus more on lack of decorum than knowing falsity, and many appear to place the burden on lawyers to prove the truth of their statements. Regrettably, because the line is blurred between when a lawyer can safely criticize a Judge and when that criticism exposes the speaker to professional discipline, lawyers may choose to remain silent even in the face of actual judicial malfeasance or conflict of interest.” They gave instances in some scenarios as follows:
BENJAMIN PAVONE
A California lawyer, Benjamin Pavone, filed an appeal in a client’s case in which he described a judicial hearing officer as “disgraceful”. He referenced her ruling as a “succubustic adoption of the defense position”; and claimed the Judge was determined to evade appellate review. In 2019, the California Bar charged Pavone with “impugning the honesty, motivation, integrity, or competence” of the judge by accusing her of intentionally refusing to follow the law. He was also accused of “gender bias” because the dictionary defines “succubus” to mean “a demon assuming female form to have sexual intercourse with men in their sleep” and a “strumpet.” These allegations allegedly violated California Bus & Prof Code § 6068(b), which states that it is an Attorney’s duty to “maintain the respect due to the courts of justice and judicial officers.”
Challenging the complaint, Pavone claimed he “used a colourful (or caustic, depending on one’s viewpoint) metaphor to criticize a court ruling.” He asserted his First Amendment rights of advocacy and freedom of thought and speech. He described the “succubus charge” as “textbook hyperbole” and “lusty and imaginative criticism” protected by the First Amendment that could not conceivably have been viewed as a statement of fact. Pavone also argued that Section 6068(b) is unconstitutional as applied to rhetorical criticism of Judges. On 19th of November, 2021, the California court declined to use the Bar proceeding to discipline Pavone. See Pavone v. Cardona, 3:2021 cv 01743 (S.D. Cal. Nov. 19, 2021).
FRESHUB V. AMAZON
On December 17, 2021, a federal Judge in Texas sanctioned three lawyers from the Kramer Levin law firm who represented an Israeli company, Freshub, in an action against Amazon. After losing at trial, the lawyers filed a motion for judgment N.O.V., asserting that Amazon “played on the stereotype of greedy Jewish executives of an Israeli company allegedly taking advantage of U.S. companies, to trigger religious biases and deepen the ‘us vs. them’ nationalistic divide in the minds of the Jurors.” They further claimed that Amazon used a “Jewish stereotype dog whistle” to win the case.
Although the attacks were directed against Amazon, the Judge took them as implicit criticism that he had willfully ignored prejudicial statements. “The court did not turn a blind eye to any racist or anti-Semitic conduct because indeed there was none,” the Judge wrote. The Judge added that, in the absence of concrete evidence that Amazon intentionally played up its adversary’s Israeli ties or any witness’ race, heritage or religion, “Freshub’s inflammatory allegations are nothing but baseless attacks on the integrity of this Court and the reputation of Defendants’ counsel.” The Judge ordered the lawyers to complete 30 hours of ethics-related continuing legal education. Freshub, Inc. v. Amazon, Inc. No. 6:21-CV-00511-ADA (W.D. Texas, December 17, 2021).
The high-water mark for tolerating lawyer’s criticism of Judges arose probably from the Standing Committee v. Yagman, 55 F.3d 1439 (9th Cir. 1995). Dissatisfied with his appearance before a Federal Judge, Washington Attorney Stephen Yagman, assailed the Judge as “ignorant,” “a buffoon,” and a “right-wing fanatic.” He added that the Judge “has a penchant for sanctioning Jewish lawyers … I find this to be evidence of anti-semitism.” Yagman was brought up on disciplinary charges for conduct that “degrades or impugns the integrity of the Court” and interferes with the administration of justice. Applying the “actual malice” standard from Sullivan, the lower court found that Yagman had made statements with either knowledge of their falsity or reckless disregard for their truth.
The Ninth Circuit reversed the lower court. It stressed that statements impugning the integrity of a Judge “may not be punished unless they are capable of being proved true or false.” It added that statements of “rhetorical hyperbole” are not sanctionable, nor are statements that use language in a “loose, figurative sense.” The references to ignorance, right-wing fanaticism and similar accusations “all speak to competence and temperament rather than corruption” (or criminal acts such as bribery). Together, they conveyed “nothing more substantive than Yagman’s contempt” for the Judge. As to the allegation of anti-Semitism, the court found the remark protected opinion under the First Amendment given that Yagman disclosed the factual basis for his views.
The court also rejected the claim that Yagman’s allegations obstructed or prejudiced the administration of justice. It found that Yagman’s statement did not pose a “clear and present danger” or a “substantial likelihood” of disruption. While Yagman’s criticism of the Judge was “harsh and intemperate” and apparently intended to precipitate the Judge’s recusal, the court noted that “a party cannot force a Judge to recuse himself by engaging in personal attacks” – especially given that federal recusal statutes generally require a showing that the Judge “is (or appears to be) biased or prejudiced against a party, not counsel.” The mere possibility that Judges would remove themselves based on harsh criticism from Attorneys did not rise to the high level required for obstruction of justice.
Yagman applied the Sullivan test based not on the lawyer’s subjective knowledge and belief, but based instead on the viewpoint of a reasonable, objective lawyer. Kurnit Klein & Selz recalls that there are, in the US, many published cases from around the country where courts have not sanctioned lawyers who disparaged Judges. Most of those cases, they note, date back many years. They gave some examples thus:
In re Erdmann, 33 N.Y.2d 559, 347 N.Y.S.2d 441, 441, 301 N.E.2d 426, 427 (1973), an Attorney who criticized trial Judges in a magazine article for not following the law; and appellate Judges for being “the whores who became madams”), had his sanction reversed.
In State Bar v. Semaan, 508 S.W.2d 429, 431-32 (Tex. Civ. App. 1974), it was held that a remark that a Judge was “a midget among giants” was not sanctionable because it could not be proved true or false);
In Oklahoma Bar Ass’n v. Porter, 766 P.2d 958 (Sup. Ct. Oklahoma 1988)(an Attorney’s statement that a Judge “showed all the signs of being a racist” and never gave him “an impartial trial”, were held not sanctionable based on the Attorney’s subjective belief; while remarks were disrespectful and “extremely bad form,” they were protected).
In re Kuby, (D. Conn. Aug. 18, 1993) it was held that remarks that judicial decision reflected “overt racism” and that defendants had no more chance of a fair hearing before the Judge as before the Ku Klux Klan, though “intemperate, incivil and immature,” did not constitute a basis for disciplining the Attorney.
In re Green, 11 P.3d 1078, 1084 n.4 (Colo. 2000) (en banc) a statement that the trial Judge was a “racist and bigot” with a “bent of mind”, were held to be mere opinions not subject to disciplinary action under the First Amendment.
CASES IN WHICH LAWYERS HAVE BEEN SANCTIONED
However, in Kentucky Bar Ass’n v. Heleringer, 602 S.W.2d 165, 166 (Ky. 1980); 449 U.S. 1101 (1981) an Attorney was reprimanded for calling a Judge “highly unethical and grossly unfair” at a press conference. Similarly, in Matter of Kuntsler, 194 A.D.3d 233 (N.Y. 1st Dep’t 1993), an Attorney in the highly-charged Central Park Jogger case was publicly censured after being held in contempt for calling, a Judge partisan and a “disgrace to the Bench;”. The contempt was upheld because his words disrupted the courtroom and undermined the “dignity and authority of the court”.
In Matter of Atanga, 636 N.E.2d 1253, 1258 (Ind.1994) an Attorney who referred to a Judge as “ignorant, insecure, and a racist,” was held to have violated Rule 8.2(a), because “there was no basis upon which to conclude that those comments were anything else but reckless”.
In Matter of Reed, 716 N.E.2d 426, 427 (Ind. 1999), an Attorney was publicly reprimanded for stating in interview in local press that a trial Judge’s “arrogance is exceeded only by her ignorance”.
Indeed, in Matter of Wisehart, 281 A.D.2d 23 (N.Y. 1st Dep‘t 2001), an Attorney was suspended for seeking Judge’s recusal based on her “draconian and bizarre decision and demeanor”; and alleged political cronyism. The court found that Attorneys who make “false, scandalous or other improper attacks” against Judges are subject to disciplinary measures.
Debra Cassens Weiss, “Lawyer Makes Amends for ‘French Fries’ Remark,” ABA Journal (June 21, 2007), is a case in which a lawyer was ordered to take on-line ethics classes after stating to a Judge, “I suggest with respect, Your Honor, that you’re a few French fries short of a Happy Meal in terms of what’s likely to take place”.
Debra Cassens Weiss “Lawyer Agrees to Reprimand for Blog Tirade About Judge,” (ABA Journal (June 11, 2008), is a case in which a Florida Attorney, Sean Conway was reprimanded for describing a Judge’s “ugly, condescending attitude,” saying further that she was “clearly unfit for her position”; and was an “evil, unfair witch.” The court described the comments as “arrogant, discourteous and impatient speech”. (To be continued).
THOUGHT FOR WEEK
“Criticism, like rain, should be gentle enough to nourish a man’s growth without destroying his roots”. (Frank A. Clark).
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Opinion
Why Dele Momodu May Be Atiku’s Smartest Running Mate Option Yet
Published
11 hours agoon
June 9, 2026By
Eric
By Michael Abimboye
As the African Democratic Congress, ADC, gradually consolidates its coalition ahead of the 2027 presidential election, attention has inevitably shifted from the emergence of Atiku Abubakar as presidential candidate to the more delicate and strategic question of his running mate.
Several names have surfaced in political calculations and media speculation: Rotimi Amaechi, Emeka Ihedioha, and Dele Momodu, among them. Yet, beyond the noise of conventional political arithmetic lies a deeper electoral question: who among these options best expands Atiku’s coalition beyond traditional structures and into the modern political battlefield Nigeria has become?
Increasingly, the answer may well be Dele Momodu.
For years, Nigerian politics has operated under an outdated assumption that electoral victory is secured merely through governors, party leaders, and regional strongmen. The 2023 election disrupted that orthodoxy. The emergence of Peter Obi demonstrated that digital momentum, perception management, emotional resonance, and transregional appeal can significantly alter the political equation. Obi’s strongest weapon was not necessarily party structure. It was narrative dominance.
That reality has permanently changed Nigerian politics.
And in the current ADC coalition conversation, Dele Momodu may be one of the few figures who intuitively understands this new political environment.
Unlike many career politicians whose influence remains confined to state structures or elite caucuses, Momodu operates in multiple political ecosystems simultaneously: media, diplomacy, youth engagement, elite networking, pan-African influence, and digital communication. In modern electoral politics, that multidimensional relevance matters enormously.
One of Momodu’s most understated assets is his continental reach. Through decades of media work, political engagement, and elite interaction across Africa, he has cultivated relationships with presidents, former presidents, business leaders, diplomats, and intellectual figures across the continent. His network is not speculative mythology. It is publicly visible and historically documented through his long-running engagements as publisher of Ovation International and participant in high-level African political circles.
At a time when Nigeria seeks to reassert itself diplomatically and economically within Africa, such soft-power capital becomes politically valuable. A vice-presidential candidate today is no longer merely a ceremonial electoral appendage. He must also communicate competence, cosmopolitanism, and international legitimacy.
Momodu fits that profile more naturally than many conventional politicians. There is also the geographical intelligence behind his potential candidacy.
Though widely perceived nationally as a South-West figure because of his strong Yoruba cultural identity and media dominance in Lagos and the South-West, Dele Momodu is fundamentally from the South-South axis through his Edo roots. Politically, this creates a rare advantage. It allows the ADC to potentially tap into two strategic regions simultaneously without provoking the sharp regional anxieties that often accompany vice-presidential selections.
Amaechi, for instance, undoubtedly possesses political experience and administrative depth. But his polarising history in Rivers politics, coupled with his own presidential ambitions, complicates the chemistry required of a running mate. Indeed, reports have repeatedly suggested Amaechi has little interest in a vice-presidential role.
Ihedioha, meanwhile, brings stability and technocratic moderation, but lacks the national media visibility and emotional connection necessary for a fiercely competitive national election. Elections are not won only by competence. They are won by energy, narrative, symbolism, and visibility.
Dele Momodu possesses all four.
Then comes perhaps the most important factor of all: communication.
The 2027 election is unlikely to resemble previous Nigerian elections. It will be heavily digitised, media-driven, youth-influenced, and psychologically contested online. The political establishment still underestimates how profoundly social media has altered electoral mobilisation. The Obi movement in 2023 proved that online enthusiasm can shape national conversation, pressure traditional media, influence undecided voters, and energise urban youth demographics.
Momodu enters this terrain with an already established digital infrastructure.
Unlike many politicians who outsource communication to media aides, Dele Momodu himself is a communication institution. He understands headlines, optics, timing, public emotion, narrative construction, and audience psychology. His social media platforms command enormous engagement across demographics that traditional politicians often struggle to reach organically.
That matters.
In a coalition environment where ADC must unify disillusioned PDP voters, attract soft Obidients, retain Northern numerical strength, and penetrate urban youth constituencies, communication sophistication becomes central to survival.
Momodu also carries an outsider-insider advantage. He is politically experienced enough to understand power, yet sufficiently detached from the toxic baggage of conventional Nigerian political warfare. He has not governed a state, which critics may see as a weakness, but which supporters may frame as insulation from corruption controversies and governance fatigue associated with many old political actors.
In an anti-establishment electoral climate, that distinction could become useful.
Perhaps most importantly, Dele Momodu brings cultural elasticity. He can comfortably engage traditional rulers in Kano, intellectuals in Abuja, media elites in Lagos, young digital audiences in Port Harcourt, diaspora professionals in London, and political moderates in the South-East. Very few Nigerian political figures possess that adaptive national reach without appearing artificial.
And politics, ultimately, is the management of coalitions.
Atiku’s greatest challenge is not merely winning Northern votes. He already possesses substantial Northern recognition. His real challenge is rebuilding emotional trust across sections of Southern Nigeria while simultaneously energising younger demographics sceptical of establishment politics.
A conventional politician may help him consolidate structures.
Dele Momodu, however, may help Atiku reshape perception. And in modern politics, perception is often the first battlefield victory.
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Opinion
Dele Momodu: The Bridge Between Politics and the People
Published
18 hours agoon
June 9, 2026By
Eric
By Adeoye Inioluwa
Across the Nigerian nation today, conversations have become remarkably similar. Whether in the crowded markets of Lagos, the farms of the North, the commercial centres of the East, or the towns and villages of the South-West and South-South, many Nigerians are asking the same questions. When will life become easier? When will the economy improve? When will businesses regain stability? When will citizens begin to feel safer and more secure in their daily lives?
The concerns are understandable.
The cost of living remains one of the most dominant issues confronting ordinary Nigerians. Food prices have become a source of daily anxiety for many families. Small businesses continue to struggle with rising operational costs. Young graduates face uncertainty about employment opportunities. For millions of citizens, conversations about economic indicators and policy reforms often feel distant from the realities they encounter every day.
Alongside these economic concerns are persistent security challenges. While progress may have been recorded in some areas, many communities still desire greater stability and peace. For ordinary citizens, security is not merely a policy issue. It is the ability to travel safely, conduct business confidently, and live without fear.
These realities inevitably shape the nation’s political mood.
President Bola Ahmed Tinubu assumed office at a time when difficult economic decisions were already looming over the country. His administration has argued that several of its reforms are necessary steps toward long-term economic recovery and sustainability. Supporters maintain that difficult transitions are sometimes required to achieve lasting change.
However, politics rarely rewards intentions alone.
Citizens ultimately judge governments through their lived experiences. They assess leadership not only through policy announcements but through the practical impact of those policies on their everyday lives. As Nigeria gradually moves closer to another election cycle, public perception of the economy, security, and governance will inevitably influence political conversations.
This reality presents both a challenge and an opportunity for the opposition.
Among the leading opposition figures remains former Vice President Atiku Abubakar, a politician whose name has become deeply woven into Nigeria’s democratic journey. Over the years, Atiku has built a reputation as one of the country’s most enduring political figures, participating in some of the most consequential electoral contests in modern Nigerian history.
Yet the challenge before Atiku today is different from the challenge he faced in previous elections.
Recognition is not the issue. Nigerians know who Atiku Abubakar is. They are familiar with his political history, his public service record, and his positions on national issues. The real question is whether opposition politics can successfully connect with the frustrations, hopes, and aspirations of ordinary Nigerians in a way that feels genuine and convincing.
For many citizens, the next election may not simply be a contest between political parties or personalities. It may become a referendum on who best understands the realities confronting everyday Nigerians.
This is why politics must move beyond publicity.
In a period marked by economic pressure and public anxiety, voters are becoming increasingly resistant to carefully crafted political narratives that appear disconnected from their lived experiences. What they seek are leaders who understand their concerns and individuals capable of translating those concerns into meaningful political engagement.
For Atiku, this may require something more valuable than conventional image management.
It requires access to voices that understand the mood of the nation.
It requires people who can move comfortably between boardrooms and marketplaces, between policy discussions and community conversations, between political strategy and public sentiment.
It requires individuals who possess not only influence but perspective.
This is where Aare Dele Momodu enters the conversation.
Perhaps what makes Aare Momodu’s position unique is that politics was never originally his defining platform. Unlike many public figures who built their reputations entirely within political structures, Momodu’s journey was shaped through journalism, publishing, entrepreneurship, and public engagement.
For decades, he cultivated relationships across various sectors of society. Through his work in the media, he interacted with presidents, governors, business leaders, diplomats, entertainers, academics, professionals, and ordinary citizens. His network was built long before his deeper involvement in political affairs.
That distinction matters.
Because it means his influence extends beyond party structures and political loyalties. It is rooted in years of listening, observing, documenting, and engaging with people from different backgrounds and perspectives.
In many ways, Momodu represents an increasingly rare asset in contemporary politics: someone capable of understanding both elite conversations and grassroots realities.
Perhaps this explains why a man who was never primarily known as a politician now finds himself at the forefront of some of the country’s most important political conversations.
His relevance is not merely a product of political ambition. It is the result of decades spent building relationships, understanding public sentiment, and maintaining connections across different segments of Nigerian society.
As the political landscape begins to evolve ahead of 2027, such qualities may become increasingly important.
The next election will not be won solely through campaign slogans, social media strategies, or political advertising. It will be influenced by trust, credibility, and the ability to connect with citizens who are searching for answers in uncertain times.
For President Tinubu, the challenge is to convince Nigerians that current sacrifices will ultimately lead to meaningful progress.
For Atiku Abubakar and the opposition, the challenge is to persuade Nigerians that they offer a credible and compelling alternative.
And for those who operate around the corridors of political influence, the challenge is to ensure that leaders remain connected to the people whose lives are affected by every policy decision.
Nigeria’s future will not be determined by image management alone. It will be shaped by ideas, solutions, trust, and meaningful engagement with the concerns of ordinary citizens.
In a nation yearning for reassurance, leaders need more than advisers who can polish their public image. They need people who can help them hear the voices that matter most.
Those voices are not found in political echo chambers. They are found in the markets, the classrooms, the farms, the offices, and the communities where Nigerians continue to navigate the realities of everyday life while hoping for a better future.
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The Bridge Nigeria Needs: Reflections on Leadership, National Unity, and the Ati-Dele Conversation
Published
18 hours agoon
June 9, 2026By
Eric
By Anjorin Fehintola Stella
Nigeria today is a nation searching for reassurance.
Across the country, conversations increasingly revolve around familiar concerns; insecurity, economic hardship, unemployment, inflation, and the uncertainty surrounding the future. For many Nigerians, politics is no longer a distant contest among elites. It has become deeply personal, they wake up each day hoping for news that things are getting better.
Nigeria stands at a significant crossroads. The challenges before it are interconnected, Insecurity affects agriculture. Behind every headline about insecurity are real people, farmers afraid to return to their farms, traders worried about the safety of the roads, parents concerned about the future their children will inherit. Also, Economic hardship affects education and healthcare, Unemployment contributes to social instability. Weak institutions undermine public confidence.
The growing discussion around a potential partnership between Atiku Abubakar and Aare Dele Momodu offers an opportunity to reflect on the kind of leadership many Nigerians appear to be seeking in a period marked by pressure and widespread uncertainty. The conversation is therefore larger than two personalities. It is fundamentally about governance, national cohesion, credibility, and the qualities citizens increasingly expect from those who aspire to lead a complex and diverse nation.
For many observers, the Ati-Dele proposition presents an interesting answer.
Atiku Abubakar remains one of the most recognisable figures in Nigeria’s democratic history. His years in public service, particularly as Vice President, placed him at the centre of important national conversations about economic reform, governance, and development. He chaired the National Economic Council, championed the privatisation of public enterprises, and helped shape the institutional foundations of one of Nigeria’s most consequential periods of economic restructuring. His emergence as the presidential candidate of the African Democratic Congress for 2027, having won a primary widely described as one of the freest in recent memory, confirms that his political moment has not passed. It has arrived with renewed purpose.
Yet experience alone is rarely sufficient in a country as socially and culturally complex as Nigeria.
Leadership today requires not only the ability to formulate policy but also the ability to connect with people across regional, religious, ethnic, and generational divides. It requires bridge-builders. This is where the discussion often turns to Aare Dele Momodu.
For decades, Aare Dele Momodu has occupied a unique place in Nigerian public life and across Africa. As a journalist, publisher, entrepreneur, and public commentator, he has built relationships that extend across politics, business, traditional institutions, entertainment, civil society and youth culture. He did not inherit access, he created it. Through Ovation International, through decades of engaged storytelling, and through a personal network that spans every geopolitical zone, he has become something increasingly rare in Nigerian public life. A figure trusted across divides.
This is what made the partnership compelling. It brings together institutional experience and social reach, governance expertise and communication strength, political structure and cultural influence. Where Atiku offers the architecture of policy, Aare Dele Momodu offers the architecture of connection and in a democracy, both are essential.
The insecurity confronting the nation illustrates why this balance matters. For those directly affected, insecurity is not a policy debate. It is a daily reality of pain and fear. The same applies to the economy. Beneath every statistic are real people making difficult decisions about school fees, healthcare, transportation, housing, and survival. Citizens are not merely evaluating personalities. They are evaluating possibilities.
The bridge Nigeria needs is not merely political.
It is social. It is economic. It is cultural. It is national.
And as the country continues its search for stability, opportunity, and hope, the leaders who can help construct that bridge will continue to command the attention of a nation eager and ready to move forward.
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