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

Nation Building Reimagined: Integrated Principles and Strategies for Sustainable Growth

Published

2 days ago

April 11, 2026

Eric

By Tolulope A. Adegoke, PhD

“True nation building is not the work of the state alone, but a harmonious convergence where empowered peoples provide the foundation, innovative corporates generate the momentum, and visionary institutions ensure direction — together forging sustainable prosperity, social cohesion, and enduring national strength for current and future generations” – Tolulope A. Adegoke, PhD

Nation building is a deliberate and continuous process of constructing cohesive, resilient, and prosperous societies capable of realising their full potential. It extends far beyond political structures or state institutions to encompass three interdependent spheres: peoples (individuals and communities), corporates (businesses and private-sector organisations), and nations (governance institutions and the state). When these spheres are strategically aligned through sound principles and practical strategies, they generate all-round exploits — inclusive economic growth, social cohesion, innovation, human flourishing, and global competitiveness.

This comprehensive framework offers actionable guidance for sustaining productive and progressive development. It is grounded in universal principles validated by international development experience, economic history, and governance studies, making it relevant for scholars, policymakers, business leaders, and development practitioners worldwide.

Foundational Principles of Effective Nation Building

Successful nation building rests on six core principles that transcend cultural, geographical, and ideological differences:

Inclusive Human Dignity and Agency — Recognising every citizen as both beneficiary and active architect of national progress through equal opportunity and rights protection.
Institutional Integrity and Rule of Law — Building transparent, accountable institutions that foster trust and predictability.
Economic Dynamism and Shared Prosperity — Promoting broad-based growth that benefits individuals, businesses, and the state simultaneously.
Social Cohesion and Cultural Resilience — Forging unity while respecting diversity to create a shared national identity and purpose.
Adaptive Leadership and Long-Term Vision — Combining strategic foresight with the flexibility to learn and adjust.
Sustainable Resource Stewardship — Balancing present needs with intergenerational equity in environmental and fiscal matters.
These principles provide a universal compass for development, as evidenced by cross-national data from the World Bank’s Worldwide Governance Indicators and the UNDP Human Development Reports.

Core Strategies Across the Three Spheres

For Peoples (Individuals and Communities): Nation building begins with empowering citizens. Key strategies include universal access to quality education and skills development, robust health and social protection systems, community-driven development programmes, and targeted initiatives for youth and women empowerment. These efforts enhance social mobility, reduce vulnerability, and foster active civic participation.

For Corporates (Businesses and Private Sector): Corporates serve as the primary engine of wealth creation and innovation. Effective strategies involve creating an enabling business environment, promoting public-private partnerships, enforcing strong corporate governance and ethical standards, and implementing talent development and local content policies. When supported appropriately, the private sector generates jobs, technological advancement, and tax revenues that fuel broader development.

For Nations (State Institutions and Governance): The state provides the overarching framework for progress. Strategies include institutional reform and capacity building, decentralisation for better responsiveness, evidence-based policy making, and strategic regional and global integration. Strong institutions ensure equitable rules, policy continuity, and effective service delivery.

Sustaining Progressive Growth in Nigeria

In Nigeria, this integrated framework offers a practical pathway to convert demographic and natural endowments into sustained prosperity. At the peoples’ level, investments in education, health, and skills development can transform the large youth population into a productive demographic dividend. For corporates, policy predictability, infrastructure development, and public-private partnerships can drive diversification beyond oil into agriculture, manufacturing, and digital services. At the national level, institutional reforms, anti-corruption measures, and evidence-based governance would reduce policy inconsistency and enhance public trust.

When these elements reinforce one another, Nigeria can achieve higher productivity, reduced poverty, greater social cohesion, and improved global competitiveness — creating a virtuous cycle of inclusive growth.

Advancing Development in West Africa

Within the ECOWAS region, the framework supports deeper integration and collective resilience. Strategies for social cohesion help address cross-border challenges such as irregular migration, climate impacts, and youth unemployment. Corporate-focused approaches encourage intra-regional trade and industrialisation through harmonised policies and stronger value chains. Institutional strategies promote policy coordination, joint humanitarian response, and shared security mechanisms.

By applying this model, West African countries can move from fragmented national efforts toward coordinated regional progress, enhancing food security, energy access, and economic competitiveness while building resilience against external shocks.

Driving Continental Transformation in Africa

Across Africa, the principles and strategies align closely with the African Union’s Agenda 2063 and the African Continental Free Trade Area (AfCFTA). Sustainable resource stewardship helps convert natural wealth into long-term human and infrastructure investments. The corporate strategies support regional value chains and industrialisation, while institutional reforms strengthen governance and reduce trade barriers.

When implemented continent-wide, this approach fosters inclusive industrialisation, technological advancement, and reduced external dependency — positioning Africa as a major driver of global growth in the 21st century.

Global Relevance and Contribution

On the global stage, the framework provides timely lessons for both developed and developing nations navigating technological disruption, climate change, and rising inequality. The emphasis on shared prosperity and social cohesion offers pathways to mitigate polarisation. The integration of corporates as development partners demonstrates how private-sector innovation can serve public goals. Institutional strategies of adaptive leadership and evidence-based policy making are universally applicable in managing complex transnational challenges.

Nations adopting this model contribute to global stability by reducing conflict drivers, enhancing food and energy security, and participating constructively in multilateral systems. In this way, the framework supports the United Nations Sustainable Development Goals and helps build a more equitable and resilient world order.

Conclusion: A Practical Pathway to Enduring Progress

The principles and strategies of nation building presented here constitute a balanced, interconnected discipline capable of sustaining productive and progressive growth across multiple scales. For Nigeria, they chart a course from potential to performance. For West Africa, they strengthen regional solidarity. For Africa, they accelerate continental transformation. And for the global community, they offer practical wisdom for building fairer, more stable societies.

True nation building succeeds when peoples, corporates, and state institutions reinforce one another in a virtuous cycle. Its greatest strength lies in this holistic integration — recognising that sustainable development requires empowered citizens, innovative enterprises, and effective governance working in harmony.

In an increasingly interdependent world, embracing these principles with consistency, courage, and collective ownership is not merely beneficial but essential. Nations and regions that do so will unlock enduring prosperity, resilience, and a respected place in the global community. The framework provides both the vision and the practical tools needed to turn potential into lasting achievement for current and future generations.

Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com

Opinion

Dear CDS, NSA, Your Prodigal Sons, Brothers Have Killed General Braimah

Published

2 days ago

April 11, 2026

Eric

By Eric Elezuo

Almost five months since the yet to be explained killing of Brigadier General Musa Uba, another high ranking military officer, another Brigadier General, has been unlived. He was Brigadier General Oseni Omo Braimah, Commander of 29 Task Force Brigade Operation Hadin Kai, Maiduguri Borno State.

The sadness that followed the brutal killing of the Brigade Commander, can almost be touched, dear Nigerians, with special reference to the National Security Adviser, Mallam Nuhu Ribadu, and his counterpart, the Chief of Defense Staff, General Olufemi Oluyede. These men, have at separate fora concassed for the kid gloves handling of terrorism activities, and terrorists.

Ribadu, it was, that asked that they be rehabilitated as they are ‘our brothers. Oluyede echoed the stand, saying the terrorists was equated to the biblical prodigal son, and therefore should be received with open hands. This he said to justify his latest ‘Operation Safe Corridor’, designed to welcome ‘repentant’ terrorists and bandits, and have them reintegrated into the society.

It is still these touted same brothers, and prodigal sons that overran a military base in Benisheikh, reportedly killing 18 soldiers including the Brigadier General. According to the Army, however, the number of deaths was overhyped, claiming that only two officers and two other soldiers were killed in the battle they said the military had the upper hand, and auccessfully repelled the assailants and maintained their positions.

Much as the military agreed that they lost four soldiers, they have failed to produce casualties, or even speak on the number, from the terrorists side, in a battle they said they had the upper hand. It’s still had to believe, only that the prodigal sons and brothers snuffed the life of a general, and according to reports, he was caught like a sitting duck.

The prodigal sons with the ‘brothers’ did not stop there; they proceeded to kill Forest Guard Commander and five others in Kwara, just as they mercilessly hacked to death eight members of the same family in Bokkos, Plateau. The list is endless. Of prodigal sons and brothers. Thanks to the NSA and the CDS.

Someone once said that that the only mercy a terrorist or bandit deserve is the mercy of God. And it is the duties of the authority to send them to God for such mercy.

Why do we keep handling merciless killers with kid gloves, and turn around to call them sons and brothers. They in turn, are only looking for opportunity to strike again.

These people have gone from being brothers to becoming animals, very dangerous and ugly beasts that have lost the capacity to show, and so should not be shown any mercy caught.

Dear NSA and CDS, you muat understand that these people have been extremely radicalised, and can no longer fit into the society of sane beings, and therefore, should be put away permanently. We can’t continue to safe corridor to experiment with the lives of Nigerians. No bandit or terrorist is worth rehabilitating, talk less of being integrated into the military. Whoever does that is complicit, and should be treated as an enemy of the Nigerian state.

The NSA and the CDS should begin now to revisit everyone they have ever pardoned or reintegrated into the society for they are part of our problem. They are culpable.

General Uba died saraa, as we say in our local parlance. We should let Braimah die saraa. We must not allow this irresponsibility happen again. I’m not borrowing any words from the president because all his words appear empty, while Nigerians continue in droves, even when the country is not really at war.

Time to jettison this brother, cousin, prodigal son rubbish, and deal decisively with terrorists and bandits.

Opinion

Ovation @30: A Triumph of Vision, Courage and African Excellence

Published

2 days ago

April 11, 2026

Eric

By Dr. Sani Sa’idu Baba

There is an African proverb that says, “However long the night, the dawn will surely break.” No story embody this truth more powerfully than that of Chief Dele Momodu and the remarkable rise of Ovation International. Founded in April, 1996 at the height of the Sani Abacha regime, Ovation was born not out of comfort, but from adversity. In forced exile in London, faced with uncertainty and hardship, Momodu chose not to surrender to circumstance but to challenge it, daring to create a global lifestyle magazine at a time when Africa’s image was largely defined by negativity.

From that improbable beginning emerged a publication that would go on to redefine how Africa is seen by the world. Ovation introduced a different narrative, one of elegance, achievement, culture, and pride, documenting African success stories with unmatched consistency. At a time when global media often overlooked the continent’s brilliance, Ovation boldly projected it, celebrating milestones, personalities, and cultures across Africa and its diaspora. It became a powerful cultural bridge, connecting cities and continents while showcasing an Africa that is vibrant, accomplished, and globally relevant.

Over the past three decades, Ovation has not merely reported stories, it has shaped destinies and elevated generations. It has provided a platform for emerging talents in entertainment, business, and public life, often spotlighting individuals long before they attained global recognition. Its influence extended beyond storytelling into economic and social impact, creating employment for thousands across journalism, photography, real estate, design, and event production, while also setting new standards in lifestyle media, enterprenership and event documentation. Long before the rise of digital platforms, Ovation was already global, distributing African excellence to audiences around the world and strengthening the connection between Africa and its diaspora.

Through changing times and technological revolutions, Ovation International has remained consistent in quality, bold in vision, and authentic in purpose. Its ability to evolve without losing its identity is a testament to its strength as not just a magazine, but an enduring institution. Today, as it marks 30 years of impact, it stands as one of Africa’s most influential media platforms, one that has significantly contributed to reshaping global perception and asserting Africa’s place in the world.

This milestone is a celebration of resilience, vision, and legacy. It is a tribute to the pride of Africa Chief Dele Momodu, whose courage transformed hardship into history, and whose dream once considered unrealistic became a continental force. It is also a celebration of the entire Ovation family, whose dedication over the years has sustained and expanded this vision. Thirty years on, Ovation is not just a witness to Africa’s story, it is one of its most powerful storytellers.

A big thank you to Chief Dele Momodu for proving long ago that Africa is not synonymous with bad news, and congratulations on three decades of excellence proof that when the dawn finally comes, it can illuminate the world.

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