Opinion

The Oracle: Critiquing Judges and Judgments: The Dividing Line (Pt. 5)

Published

3 years ago

April 27, 2023

Eric

By Mike Ozekhome

INTRODUCTION

In the last outing, we discussed instances in which lawyers have been sanctioned in the United States for crossing the ethical line in criticism of judges. Today, we shall conclude it and, move on to the situation in the largest democracy in the world – India – with emphasis on contempt of court (what it is and what it is not, in that jurisdiction), concluding with fair criticism as a shield or subterfuge to attack the judiciary. Kindly, read on.

CASES IN WHICH LAWYERS HAVE BEEN SANCTIONED (continues)

In re Bank, 20-90010-am (2nd Cir., May 3, 2021), the court publicly reprimanded an Attorney whose conduct included responding to an appellate Judge’s questions during oral argument, by stating, “Are you serious, Judge?” He had also sarcastically commented, “I see that you read the briefs thoroughly”. The court rejected as unsupported and irrelevant, the lawyer’s defence that his contumacious comments were triggered by the Judges’ poor treatment of him.More serious and more likely to end in discipline are situations where lawyers directly accuse Judges of corruption, or politically motivated behavior. See, e.g., Matter of Dinhofer, 257 A.D.2d 326, 328 (N.Y. 1st Dept 1999) (three-month suspension was slammed on a lawyer for calling a Federal Judge “corrupt” during a telephone conference).

POSITION IN INDIA

Moving on to India, Vanya Verma writes that “while the Constitution of india recognizes the right to freedom of speech and expression in Article 19(1)(a), Article 19(2) states that laws can put reasonable restrictions on this right for a variety of reasons, including “in relation to contempt of court”. He then references another scholar (Sathe, 2001), as outlining “the historical inter-relationship between contempt of court and free expression” as follows:”since the early 1970s when the Supreme court found Keralas’ then Chief Minister, E.M.S. Namboodiripad, guilty of contempt of court for his critical comments on the judiciary as an institution, acrimony has existed between the Judiciary’s power to punish for contempt of court and citizen’s fundamental rights, freedom of speech and expression, the court has subjugated the most crucial of the fundamental rights- freedom of speech- to the Judiciary’s power to penalize for contempt of court. The freedom of speech had been trivialized by a broad contour of contempt of court. As a result, he advised, “Freedom of expression is the most fundamental of the fundamental rights, and constraints on it must be kept to a minimum”. Only the restrictions necessary to maintain the legitimacy of judicial institutions can be imposed under the legislation of contempt of court. The Judges are not required to be protected by the law. Only the Judiciary must be protected. A contempt notice issued without due diligence could put those in positions of public trust in jeopardy. The rule must be freedom, and the exception must be a constraint”

Under Article 19(1)(a) of the Indian Constitution, every person (including municipal councilors) has the right to free speech and expression, which includes reasonable criticism of the law or any executive action. In India, freedom of speech and expression is guaranteed both in the legislature and in local bodies. This is why a lawmaker or a municipal councilor can legitimately voice out his opinions on what he considers to be in the public good. A reasonable exercise of one’s right to free speech and expression, which includes fair criticism, is not to be suppressed for any reason.

Indeed, Section 5 of the Contempt of Courts Act, 1971, provides that a person is not punishable for contempt of court if he or she publishes a reasonable comment on the merits of a matter that has been heard and determined; or if a person publishes a fair comment on the merits of a matter that has already been heard and determined.

WHAT IS CONTEMPT OF COURT

Contempt is the power of the Court to safeguard its majesty and respect, as stated by Smita Chakraburtty (2017). This power is inherent, and it is recognised in the High Court’s and Supreme Court’s Constitutions. The Contempt of Courts Act of 1971 regulates but does not limit this power.Both civil and criminal contempt is defined under the 1971 Contempt of Courts Act. Civil contempt refers to willful disobedience to any court judgement, whereas criminal contempt can be invoked if an act tends to scandalise or lower the authority of the court or tends to interfere with or obstruct the administration of justice.The effect on the judicial process and the authority of the courts are used to determine whether conduct is contemptuous. According to S P Sathe (1970), the intent of the accused in a contempt action is irrelevant. What matters is the impact of his act or the likelihood of it having an impact on the administration of justice. Any conduct that undermines the administration of justice, or otherwise interferes with or tends to corrupt it, must be avoided.

P Chandrasekhar (2002) went on to say that actual scandalization or lowering of the court’s authority is not required. It suffices if it has the potential to cause controversy or undermine the court’s authority.The Supreme Court of India has insisted that reasonable criticism of decisions is always permitted and that defaming a Judge is distinct from contempt of court. That was so held held in the case of Brahma Prakash Sharma v State of Uttar Pradesh LAWS(SC)-1953-5-18Under to Section 5 of the Act, “fair criticism” or “fair comment” on the merits of a final decision does not constitute contempt. The judgement of what is “fair” is, however, left to the Judges’ decision.Before 2006, even the truth could not be used as a defence in a contempt case. According to Rahul Donde (2007), “truth has been included as a defence with the enactment of the Amendment Act of 2006, but with the restriction that it can be used as a defence only if it is in the “public interest.” The Judge has complete discretion over what constitutes public interest. The truth cannot be used as a defence unless the supposedly contemptuous behaviour was both genuine and in the public interest.

CRITICISM OF A COURT: WHEN IT DOES NOT AMOUNT TO CONTEMPT

Vanya Verna opines that it is the duty and obligation of lawyers to criticise the courts. He sees this as one of their most essential societal responsibilities. He insists that informed criticism of the courts and their rulings, is not only a right, but also an ethical obligation put on every member of the Bar.He lists two methods to criticise the Supreme Court in general. They are as follows:

Firstly, critic can present some fundamental principles and argue that the pattern of decisions or a particular decision is inconsistent with these principles. For example, he might argue that constitutional decisions should be based entirely on the document’s terms and the framers’ intent; that the Court should make decisions based on prevalent opinions about core values, or that antitrust rules should be read to promote allocative efficiency. Decisions that are contradictory to these initial principles may be labelled as incorrect or misguided by the critic. The critics who use this strategy base their arguments on documents, proceedings, and norms that are not related to the court.
Secondly, a critic can critique the court’s performance as an institution. This is the subject of the second type of criticism.He argues that the critic can argue that the court is too frequently divided; that it fails to sufficiently explain its rulings; or that it makes decisions that contradict one another. In other words, he could claim that the court is divided or that precedent is ignored. The duty on the part of lawyers is to identify and discuss incorrect actions by the courts, subject only to the condition that the criticism is motivated by a good-faith desire to improve the law and the legal system. Malicious or false statements about a Judge, or disruptive or contemptuous conduct in the courtroom, of course, cannot be tolerated.

FAIR CRITICISM AS A SHIELD TO CRITICIZE THE JUDICIARY

Fair criticism of the position stated in a judicial pronouncement, or even other types of judicial activity, is consistent with the public interest and public welfare that Judges are sworn to serve and uphold in such circumstances. As a result, awareness among Judges that they can or have erred in their judgements would provide much-needed fuel to the judicial system. Verna believes that another perspective, a new dimension, or insight must always be welcomed; and that a realization that would enhance the majesty of the rule of law will only be possible if the doors of self-assessment, in the light of the opinions of others, are kept open by Judges.

This is why in the case of Lalit Kalita and others v. Unknown, decided on 4th march 2008, it was held that the Judiciary is not overly sensitive to criticism. Indeed genuine criticism may be welcomed because it allows for self-reflection. After all, Judges are not infallible because they are people, and they frequently make mistakes unintentionally and as a result of their preconceptions. Thus, to Krishna Iyer, J. in Baradakanta Mishra v. Registrar of Orissa High Court, (1973) “if judges decay, the contempt authority would not save them”.

In the case of Rama Dayal Markarha v. State of Madhya Pradesh, (1978), the court held that fair and reasonable criticism of a judgement that is a public document or a public act of a judge involved in the administration of justice is not considered contempt. It held that such reasonable and honest criticism should be encouraged because no one, including Judges, can claim infallibility. It held further that such criticism could reasonably claim that the judgement was erroneous; or that an error was made, both in terms of law and known facts.

However, alleging that the Judge had a predisposition to convict, or purposefully took a turn in the discussion of evidence, because he had already made up his mind to convict the accused; or has a wayward bent of mind; attributing motives; a lack of dispassionate and objective approach and analysis; and pre-judging of the issues. All these would bring the administration of justice into disrepute. A criticism must be measured by the criterion of whether it ridicules the administration of justice; or hinders it. For example, allegations of bias, predisposition, subtle prejudice, and prejudging the issues and that an investigation into the conduct of the judge will be conducted who delivered the judgment as he is to retire within a month; and a wild allegation that Judiciary has no guts, no honesty and is not powerful enough to punish wealthy people, all could bring the administration of justice into ridicule and disrepute. (To be continued).

THOUGHT FOR WEEK

“I much prefer the sharpest criticism of a single intelligent man to the thoughtless approval of the masses”. (Johannes Kepler).

Opinion

How Dr. Fatima Ibrahim Hamza (PT, mNSP) Became Kano’s Healthcare Star and a Model for African Women in Leadership

Published

7 hours ago

December 6, 2025

Eric

By Dr. Sani Sa’idu Baba

My dear country men and women, over the years, I have been opportune to watch numerous speeches delivered by outstanding women shaping the global health sector especially those within Africa. Back home, I have also listened to towering figures like Dr. Hadiza Galadanci, the renowned O&G consultant whose passion for healthcare reform continues to inspire many. Even more closer home, there is Dr. Fatima Ibrahim Hamza, my classmate and colleague. Anyone who knew her from the beginning would remember a hardworking young woman who left no stone unturned in her pursuit of excellence. Today, she stands tall as one of the most powerful illustrations of what African women in leadership can achieve when brilliance, discipline, and integrity are brought together.

Before I dwell into the main business for this week, let me make this serious confession. If you are a regular traveler within Nigeria like myself, especially in the last two years, you will agree that no state currently matches Kano in healthcare delivery and institutional sophistication. This transformation is not accidental. It is the result of a coordinated, disciplined, and visionary ecosystem of leadership enabled by Kano State Governor, Engr Abba Kabir Yusuf. From the strategic drive of the Hospitals Management Board under the meticulous leadership of Dr. Mansur Nagoda, to the policy direction and oversight provided by the Ministry of Health led by the ever committed Dr. Abubakar Labaran, and the groundbreaking reforms championed by the Kano State Primary Health Care Management Board under the highly cerebral Professor Salisu Ahmed Ibrahim, the former Private Health Institution Management Agency (PHIMA) boss, a man who embodies competence, hard work, honesty, and principle, the progress of Kano’s health sector becomes easy to understand. With such a strong leadership backbone, it is no surprise that individuals like Dr. Fatima Ibrahim Hamza is thriving and redefining what effective healthcare leadership looks like in Nigeria.

Across the world, from top medical institutions to global leadership arenas, one truth echoes unmistakably: when women lead with vision, systems transform. Their leadership is rarely about theatrics or force; it is about empathy, innovation, discipline, and a capacity to drive change from the inside out. Kano State has, in recent years, witnessed this truth firsthand through the extraordinary work of Dr. Fatima at Sheikh Muhammad Jidda General Hospital.

In less than 2 years, Dr. Fatima has emerged as a phenomenon within Kano’s healthcare landscape. As the youngest hospital director in the state, she has demonstrated a style of leadership that mirrors the excellence seen in celebrated female leaders worldwide, women who inspire not by occupying space, but by redefining it. Her performance has earned her two high level commendations. First, a recognition by the Head of Service following a rigorous independent assessment of her achievements, and more recently, a formal commendation letter from the Hospitals Management Board acknowledging her professionalism, discipline, and transformative impact.

These acknowledgements are far more than administrative gestures, they place her in the company of women leaders whose influence reshaped nations: New Zealand’s Jacinda Ardern with her empathy driven governance, Liberia’s Ellen Johnson Sirleaf with her courageous reforms, and Germany’s Angela Merkel with her disciplined, steady leadership. Dr. Fatima belongs to this esteemed lineage of women who do not wait for change, they create it.

What sets her apart is her ability to merge vision with structure, compassion with competence, and humility with bold ambition. Staff members describe her as firm yet accessible, warm yet uncompromising on standards, traits that embody the modern leadership model the world is steadily embracing. Under her stewardship, Sheikh Jidda General Hospital has transformed from a routine public facility into an institution of possibility, demonstrating what happens when a capable woman is given the opportunity to lead without constraint.

The recent commendation letter from the Hospitals Management Board captures this evolution clearly: “Dr. Fatima has strengthened administrative coordination, improved patient care, elevated professional standards, and fostered a hospital environment where excellence has become the norm rather than the exception”. These outcomes are remarkable in a system that often battles bureaucratic bottlenecks and infrastructural limitations. Her work is proof that effective leadership especially in health must be visionary, intentional, and rooted in integrity.

In a period when global discourse places increasing emphasis on the importance of women in leadership particularly in healthcare, Dr. Fatima stands as a living testament to what is possible. She has demonstrated that leadership is never about gender, but capacity, clarity of purpose, and the willingness to serve with unwavering commitment.

Her rise sends a powerful message to young girls across Nigeria and Africa: that excellence has no gender boundaries. It is a call to institutions to trust and empower competent women. And it is a reminder to society that progress accelerates when leadership is guided by competence rather than stereotypes.

As Kano continues its journey toward comprehensive healthcare reform, Dr. Fatima represents a new chapter, one where leadership is defined not by age or gender, but by impact, innovation, and measurable progress. She is, without question, one of the most compelling examples of modern African women in leadership today.

May her story continue to enlighten, inspire, and redefine what African women can, and will achieve when given the opportunity to lead.

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

Opinion

Book Review: Against the Odds by Dozy Mmobuosi

Published

2 days ago

December 4, 2025

Eric

By Sola Ojewusi

Against the Odds is an ambitious, deeply personal, and unflinchingly honest memoir that traces the remarkable rise of Dozy Mmobuosi, one of Nigeria’s most dynamic and controversial entrepreneurs. In this sweeping narrative, Mmobuosi reveals not just the public milestones of his career, but the intimate struggles, internal battles, and defining moments that shaped his identity and worldview.

The book is both a personal testimony and a broader commentary on leadership, innovation, and Africa’s future—and it succeeds in balancing these worlds with surprising emotional clarity.

A Candid Portrait of Beginnings

Mmobuosi’s story begins in the bustling, unpredictable ecosystem of Lagos, where early challenges served as the furnace that forged his ambitions. The memoir details the circumstances of his upbringing, the value systems passed down from family, and the early encounters that sparked his desire to build solutions at scale.

These foundational chapters do important work: they humanize the protagonist. Readers meet a young Dozy not as a business figurehead, but as a Nigerian navigating complex social, financial, and personal realities—realities that millions of Africans will find familiar.

The Making of an Entrepreneur

As the narrative progresses, the memoir transitions into the defining phase of Mmobuosi’s business evolution. Here, he walks readers through the origins of his earliest ventures and the relentless curiosity that led him to operate across multiple industries—fintech, agri-tech, telecoms, AI, healthcare, consumer goods, and beyond.

What is striking is the pattern of calculated risk-taking. Mmobuosi positions himself as someone unafraid to venture into uncharted territory, even when the cost of failure is steep. His explanations offer readers valuable insights into:
• market intuition
• the psychology of entrepreneurship
• the sacrifices required to build at scale
• the emotional and operational toll of high-growth ventures

These passages make the book not only readable but instructive—especially for emerging

African entrepreneurs.

Triumphs, Crises, and Public Scrutiny
One of the book’s most compelling strengths is its willingness to confront controversy head-on.

Mmobuosi addresses periods of intense scrutiny, institutional pressure, and personal trials.

Instead of glossing over these chapters, he uses them to illustrate the complexities of building businesses in emerging markets and navigating public perception.

The tone is reflective rather than defensive, inviting readers to consider the thin line between innovation and misunderstanding in environments where the rules are still being written.

This vulnerability is where the memoir finds its emotional resonance.

A Vision for Africa

Beyond personal history, Against the Odds expands into a passionate manifesto for African transformation. Mmobuosi articulates a vision of a continent whose young population, natural resources, and intellectual capital position it not as a follower, but a potential leader in global innovation.

He challenges outdated narratives about Africa’s dependency, instead advocating for
homegrown technology, supply chain sovereignty, inclusive economic systems, and investment in human capital.

For development strategists, policymakers, and visionaries, these sections elevate the work from memoir to thought leadership.

The Writing: Accessible, Engaging, and Purposeful

Stylistically, the memoir is direct and approachable. Mmobuosi writes with clarity and intention, blending storytelling with reflection in a way that keeps the momentum steady. The pacing is effective: the book moves seamlessly from personal anecdotes to business lessons, from introspection to bold declarations.

Despite its business-heavy subject matter, the prose remains accessible to everyday readers.

The emotional honesty, in particular, will appeal to those who appreciate memoirs that feel lived rather than curated.

Why This Book Matters

Against the Odds arrives at a critical moment for Africa’s socioeconomic trajectory. As global attention shifts toward African innovation, the need for authentic narratives from those building within the system becomes essential.

Mmobuosi’s memoir offers:
• a case study in resilience
• an insider’s perspective on entrepreneurship in frontier markets
• a meditation on reputation, legacy, and leadership
• a rallying cry for African ambition

For readers like Sola Ojewusi, whose work intersects with media, policy, leadership, and social development, this book offers profound insight into the human stories driving Africa’s new generation of builders.

Final Verdict

Against the Odds is more than a success story—it is a layered, introspective, and timely work that captures the pressures and possibilities of modern African enterprise. It challenges stereotypes, raises important questions about leadership and impact, and ultimately delivers a narrative of persistence that audiences across the world will find relatable.

It is an essential read for anyone interested in the future of African innovation, the personal realities behind public leadership, and the enduring power of vision and resilience

Opinion

Redefining Self-leadership: Henry Ukazu As a Model

Published

3 days ago

December 3, 2025

Eric

By Abdulakeem Sodeeq SULYMAN

In a world filled with talents and unique gifts, nurturing oneself for an impact-filled living becomes one of the potent metrics for assuming how one’s life would unfold – either in the nearest or far future. I am sure the question you may be curious to ask is ‘what is the important quality that has shaped the life of every individual who has unleashed their ingenuity?’ Apparently, our society is filled with numerous people, who missed the track of their life. Their iniquity is boiled down to one thing – failure to lead oneself.

Realising how important it is to be your own leader has been the springboard for every transformative life. Notably, this also becomes the premise for appreciating and celebrating Henry Ukazu for setting the pace and modeling self-leadership in this era, where self-leadership is under-appreciated by our people. Self-leadership itself engineers purposeful and impactful living, turning individuals to sources of hope to others.

This is exactly what Henry Ukazu symbolises. The name Henry Ukazu is akin to many great things such as ‘Unleashing One’s Destiny,’ ‘Finding One’s Purpose’ and ‘Triumphant Living.’ Regardless of the impression one have formed about Henry Ukazu, one thing you cannot deny is his ability to be pure to nature and committed to his cause. Henry Ukazu is one of the rare people who still believed in the values of the human worth and has committed every penny of his to ensure that every human deserves to live the best life.

The trajectory of Henry Ukazu’s life is convincing enough to be choosing as an icon by anyone who chooses to climb the ladder of self-leadership. Oftentimes, Henry Ukazu always narrate how he faced the storms of life when birthing his purpose. He takes honour in his struggles, knowing full well that every stumbling blocks life throws at him helped in building himself. If not for self-leadership, he will not found honours in his struggles, let alone challenging himself to be an example of purposeful living to others.

Without mincing words, Henry Ukazu’s life has been blessed with the presence of many people, with some filling his life with disappointments, while some blessing him with immeasurable transformations. Surprisingly, Henry Ukazu has never chosen to be treating people negatively; rather he would only choose the path of honour by avoiding drama and let common sense prevail. That’s one of the height of simplicity!

Dear readers, do you know why today is important for celebrating Henry Ukazu? Today, 3rd December, is his birthday and with all sincerity, Henry Ukazu deserves to be celebrated because he has chosen the noble path, one filled with honours and recognitions for being an icon of inspiration and transformation to the mankind. As Henry Ukazu marks another year today, may the good Lord continue shielding him from all evils and guiding him in right directions, where posterity will feel his role and impacts!

Many happy returns, Sir!