Opinion
The Oracle: Critiquing Judges and Judgments: The Dividing Line (Pt. 5)
Published
3 years agoon
By
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).
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By Boma Lilian Braide Esq.
The water remembers. It remembers when we were queens and kings of the creeks, when our voices carried across the rivers like thunder, and when no external force could dictate the terms of our existence.
Today, as a daughter of the Ijaw nation, I look at our political landscape and my heart breaks into a thousand pieces. The recent withdrawal of Pastor Tonye Cole from the political race reopened a wound that never properly healed. I immediately texted him a single, urgent question: “Why?” His response was a resigned, familiar phrase; “It is well.” At that exact moment, my thoughts were screaming so loudly inside my head, “Not again!” It felt like a brutal repetition of an old script. Every single time, without fail, they treat the Ijaw man badly, pushing him out of the room where decisions are made.
This leadership class continually trades our birthright for political crumbs, leaving me with a profound sadness I cannot shake. Every four years, we are forced to watch the same exhausting, predictable cycle play out. We have become the laughing stock of the Nigerian politics. We roar like lions in the morning, only to allow ourselves to be led like sheep to the slaughter house by nightfall. This pattern is not merely a string of tactical errors. It is a structural and psychological condition that has calcified into our political culture. We begin every election season with unparalleled bravery, massive energy, clarity, and a list of demands. We mobilise, we protest, we declare our rights. Yet at the decisive moment we fold. We trade collective power for personal gain. We accept crumbs while the harvest is taken from our lands allowing our leaders to be used as mere pawns, chess pieces, and foot soldiers on a board completely controlled by outsiders.
Call it what it is, a political Stockholm syndrome. When a people are held hostage by extractive systems for generations, they can begin to see the captor as a provider. When political actors poison our rivers, burn our gas, and extract our wealth, then return during elections with token gifts, the damaged political imagination can mistake those gifts for benevolence. A motorcycle, a solar lamp, a bag of rice, or a ten thousand naira note becomes a substitute for structural justice. We applaud the giver and forget the theft.
This is not a partisan indictment. The major parties have all participated in this system. From the coastal edges of Ondo and Edo, through Rivers and Bayelsa, to the riverine communities of Delta and Akwa Ibom, the script is the same. Political machines arrive with cash and spectacle. They leave with votes. They do not stay to build roads, to clean oil spills, to fund health care, or to restore fisheries. They do not invest in education or in the infrastructure that would make our communities resilient. They know they do not have to. They know that the combination of poverty, fragmentation, and short-term survival instincts will deliver the votes they need.
The spectacle in Rivers State is instructive. The conflict between an incumbent and a predecessor is not only a personal rivalry. It is a mirror of a deeper structural problem. An Ijaw son may occupy the governor’s office, but the expectation of loyalty to an external power broker remains. When disagreements arise, the Ijaw polity does not close ranks. Instead, it fractures. Elders, youth groups, and political actors align with different external centres of power. We tear ourselves apart while the larger system remains intact.
Delta State offers another painful example. The region produces a disproportionate share of the oil wealth that sustains the state and the nation. Yet Ijaw communities are routinely relegated to secondary roles in governance. The highest offices are often out of reach. When an Ijaw candidate shows real ambition, the pressure to step down, to accept a consolation prize, or to be bought off intensifies at the last minute. The result is a steady stream of symbolic representation and token appointments that do not translate into structural change.
Even Bayelsa State, our most homogenous political home, has not been immune. The state has been turned into a dependent outpost. Political life there is often conducted under the shadow of Abuja. During elections, communities are militarized. Young people are paid paltry sums to snatch ballot boxes and intimidate their neighbours. The leaders who emerge from such processes rarely prioritize environmental remediation, health care, or education. They prioritize survival within the national political economy.
Why do we accept this? Part of the answer lies in a minority complex that has been cultivated over generations. We have been taught to believe that because we are numerically small and geographically dispersed across several states, we cannot set national terms. That belief is false. Our geographic position along the southern maritime border gives us leverage. Nigeria’s economy cannot function without the peace of our creeks. Yet we negotiate from a position of weakness because we lack a unified, non-partisan political command structure.
Other major ethnic blocs in Nigeria have developed cultural mechanisms that protect collective interests across party lines. They maintain consensus on key strategic questions and punish those who betray the collective. The Ijaw political house, by contrast, is fragmented. We are divided into Western, Central, and Eastern blocs. Internal jealousy and rivalry consume us. When an Ijaw son or daughter rises to prominence, it is sometimes their own people who are recruited to pull them down. This internal sabotage is a major reason we are treated as expendable by national political machines.
Our representatives in national assemblies and federal boards are often the most silent and compliant. They vote for policies that harm our region because they want to protect their personal seats and committee positions. We have forgotten the intellectual foundation of our struggle. Our fathers did not rely on muscle alone. They fought with logic and strategy.
Harold Dappa Biriye used constitutional arguments to demand minority rights during the pre-independence conferences. Isaac Adaka Boro presented a detailed economic manifesto during the twelve-day revolution, exposing the systematic underdevelopment of the Delta. The Kaiama Declaration of 1998 linked environmental justice with true federalism in a way that remains a model for strategic political thinking. Today, that intellectual tradition has been eroded by a culture of thuggery, praise singing, and the pursuit of quick money.
The social and economic costs of our political submission are visible everywhere. Schools sink into the mud. Primary health centres lack basic medicines. Women die in childbirth because there are no functional boats to transport them to urban hospitals. Rivers that once sustained us are coated with crude oil. Gas flares burn day and night, releasing toxins that cause cancers and respiratory diseases. In any functioning democracy, such environmental devastation would provoke electoral punishment. But our people accept ten-thousand naira, wear party uniforms, and return the same leaders to office.
This pattern is not only morally wrong. It is strategically suicidal. The global energy transition is underway. The world is moving away from fossil fuels. In a few decades, crude oil will no longer be the primary driver of the global economy. When that happens, the Nigerian state’s willingness to distribute minor rents, amnesty stipends, and pipeline contracts will evaporate. If we remain politically domesticated and economically dependent, we will be discarded once our resources lose value. We will be left with a ruined environment and a population unprepared for the modern economy.
Breaking this cycle requires a radical transformation of our political behaviour. It requires both immediate reforms and long-term institution building.
First, we must refuse to sell our votes for temporary relief. If politicians bring money during elections, take it because it is a fraction of your stolen wealth, but enter the voting booth and vote fiercely against them if they have not delivered real, systemic progress. The act of taking money and voting against the giver is not a moral ideal. It is a pragmatic tactic that recognizes the reality of survival while asserting political agency.
Second, we must create a culture of community accountability. Any Ijaw politician, elder, or youth leader who sells out the collective interest for personal gain must face social consequences. They should be stripped of traditional honours, excluded from community gatherings, and greeted with public disapproval rather than celebration. The cost of betrayal must be made higher than the reward offered by external actors.
We must also institutionalize our collective strength. The Ijaw nation needs a permanent, non-partisan political and economic council composed of our finest minds. This council should include intellectuals, legal experts, economists, and community builders from across the globe. Its mandate would be to define a multi decade Ijaw National Agenda that transcends party lines. Any Ijaw person entering politics should be bound by that agenda. Any external political force seeking our cooperation should be required to commit to its verifiable execution.
Again, we must build strategic alliances with other coastal minority groups. From Calabar to Badagry, the coastal communities share common interests in environmental protection, maritime economies, and regional development. A unified coastal voting bloc would create a political force that no national party can ignore. Such an alliance would also strengthen bargaining power for federal resource allocation and environmental remediation.
Fifth, we must shift our economic focus from pipelines to the blue marine economy. Our future lies in the ocean. We must invest in community owned industrial fishing fleets, deep sea shipping logistics, local shipbuilding yards, and aquaculture networks. We must develop port infrastructure and maritime training centres. Economic independence is the foundation of political courage. When our communities can fund their own schools, hospitals, and water systems through independent marine enterprises, we will no longer beg for crumbs.
Sixth, we must invest in education and leadership training. Political courage is not loud rhetoric. It is disciplined strategy. We must train a new generation of leaders who understand constitutional law, public finance, environmental science, and international trade. We must teach negotiation skills, coalition building, and institutional design. The Ijaw struggle must be intellectualized and professionalized.
Seventh, we must reclaim our narrative. For too long our story has been told by others. We must document our history, our legal claims, and our environmental evidence. We must use the courts, the media, and international forums to hold polluters and complicit officials accountable. We must turn our lived experience into verifiable claims that can be litigated and publicized.
Finally, we must practice disciplined solidarity. Political unity does not mean uniformity of opinion. It means a shared commitment to core strategic objectives. It means agreeing on red lines that cannot be crossed. It means supporting candidates who commit to the Ijaw National Agenda and sanctioning those who betray it.
The hour is late. The cost of our political naivety is visible in every polluted river, every jobless youth, and every broken promise. We cannot enter another election cycle with the same broken playbook. We must reject transactional politics and demand structural change. We must hold our leaders accountable and refuse to celebrate personal appointments that bring no collective benefit.
We must heal ourselves of this political Stockholm syndrome. We must stop loving the systems that destroy us and begin the difficult work of building lasting political infrastructure. The future of the Ijaw nation depends on our ability to transform our pain into strategic power. The water is watching. The spirits of our ancestors who resisted colonial domination are watching. We must rise, cleanse our minds of dependency, and stand with dignity. The era of last minute surrender must end. The time for strategic, sovereign Ijaw political courage has arrived.
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Opinion
Leadership in Africa: Forging a New Era of Self-Reliance, Unity and Global Relevance (Pt. 3)
Published
1 month agoon
May 23, 2026By
Eric
By Tolulope A. Adegoke
“True leadership in Africa is not the pursuit of power, but the courage to serve — to turn the pain of yesterday into the promise of tomorrow, to bind broken hearts into one destiny, and to raise a continent where every son and daughter can stand tall, not by pulling others down, but by lifting one another higher.” – Tolulope A. Adegoke, PhD
Building upon the foundational principles and practical pathways discussed in Parts 1 and 2, this continuation explores the deeper implementation strategies, institutional reforms, cultural shifts, and long-term vision required to translate African leadership into tangible, sustainable transformation. It addresses the realities on the ground while offering forward-looking, actionable recommendations that can help Africa move from potential to performance on both regional and global stages.
Institutional Reforms as the Backbone of Transformative Leadership
Visionary leadership without strong institutions is like a beautiful dream without a foundation. Africa’s progress depends on building institutions that are resilient, transparent, and people-centred.
Leaders must prioritise civil service reform, judicial independence, and anti-corruption mechanisms that are not only punitive but preventive. For example, Rwanda’s use of performance contracts (imihigo) for public officials has created a culture of accountability and results. Similarly, Ghana’s strong electoral commission and relatively independent judiciary have helped sustain democratic stability. These models show that when institutions are strengthened, leadership becomes less about individual charisma and more about systemic effectiveness.
Regional institutions such as the African Union, ECOWAS, SADC, and the East African Community must also be reformed. They need greater financial autonomy, faster decision-making processes, and clearer enforcement mechanisms. The African Union’s current efforts to reform its Peace and Security Council and operationalise the African Standby Force are steps in the right direction, but they require consistent political will and adequate funding from member states.
Cultural and Mindset Transformation
Leadership that builds Africa must also transform mindsets. Many of the continent’s challenges are rooted in colonial-era thinking, dependency syndromes, and a culture of short-termism.
Progressive leaders should invest in cultural renewal programmes that celebrate African excellence, innovation, and resilience. This includes supporting the creative industries — Nollywood in Nigeria, Afrobeats music, and contemporary African literature — which are already projecting positive African narratives globally. Educational systems must move beyond rote learning to foster critical thinking, ethical reasoning, and entrepreneurial spirit.
Youth leadership development is particularly crucial. With over 60% of Africa’s population under the age of 25, the continent’s future depends on preparing young people not just for jobs, but for leadership. Initiatives like the African Union’s Youth Agenda and national youth service programmes should be expanded and made more impactful.
Economic Transformation and Self-Reliance in Practice
True self-reliance requires deliberate economic restructuring. Leaders must champion value addition in agriculture, mining, and natural resources. Instead of exporting raw cocoa, cotton, or crude oil, African countries should invest in processing facilities that create jobs and capture more value domestically.
The African Continental Free Trade Area (AfCFTA) offers a historic opportunity. When fully implemented, it can boost intra-African trade, reduce dependence on external markets, and create new industries. Leaders who actively remove non-tariff barriers, harmonise standards, and invest in cross-border infrastructure will be remembered as the architects of Africa’s economic renaissance.
Public-private partnerships (PPPs) should be strengthened, with clear frameworks that protect national interests while attracting responsible investment. Countries like Morocco and Ethiopia have shown how strategic industrial policies can attract foreign direct investment while building local capacity.
Global Relevance: Africa as a Solution Provider
Africa must stop seeing itself solely as a recipient of global solutions and begin positioning itself as a contributor. The continent’s vast renewable energy potential, youthful population, and rich biodiversity give it unique advantages in addressing global challenges such as climate change, food security, and digital innovation.
Leaders who understand this will invest in research and development, patent African innovations, and engage confidently in global forums. The success of African pharmaceutical companies during the COVID-19 pandemic and the growth of African tech unicorns demonstrate that the continent can compete and lead when given the right environment.
A Balanced and Hopeful Conclusion
Africa stands at a historic crossroads. The challenges — poverty, inequality, climate vulnerability, and governance gaps — are real and significant. Yet the opportunities — a youthful population, abundant natural resources, cultural richness, and growing regional integration — are even greater.
Leadership remains the decisive variable. When leaders rise above narrow interests to serve the collective good, Africa does not just survive — it thrives and offers the world new models of resilience, innovation, and inclusive growth.
The path forward requires a new covenant: between leaders and citizens, between nations and regions, and between Africa and the global community. This covenant must be rooted in trust, mutual accountability, and shared vision. With the right leadership — courageous, ethical, inclusive, and strategic — Africa can forge a new era of self-reliance, unity, and global relevance.
The question is not whether Africa can rise. The question is whether its leaders, supported by an awakened citizenry, will summon the will, wisdom, and courage to make that rise unstoppable. The world is watching, and history is waiting to record the choices made in this decisive decade.
Africa’s story is still being written. With visionary leadership, it can become one of triumph, dignity, and global excellence.
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, resilient nation building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
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