Opinion

Emefiele and Bawa – Victims of Executive Lawlessness

Published

3 years ago

August 14, 2023

Eric

By Mike Ozekhome

INTRODUCTION

Politics and Law have been an age-long issue of discourse in governance and leadership. These are pivotal points revolving around every national question. The essence of law is to prescribe laid down standards, rules and regulations for controlling affairs within the State. Intricate in this discourse is the modern idea of the doctrine of separation of powers found in one of the most important eighteenth-century (1748) works on political science, the Baron de Montesquieu’s Spirit of the Laws (1748), which states that:
“There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates … [or] if the power of judging be not separated from the legislative and executive powers.”

In Nigeria, constitutional powers under the 1999 Constitution, as altered, are shared amongst the three arms of government. While the Legislature makes law (section 4), the Executive implements the laws (section 5); and the Judiciary interprets them (section 6).

In a democratic setting, mutual respect within the arms of government is very sacrosanct. No arm of government is allowed to suppress, diminish, intimidate, or make nonsense of the other in all ramifications.

The executive has for too long been a bane on the legislature; but same cannot be compared to the affront it displays against the Judiciary, and the ordinary Nigerians. Little wonder, Alexander Hamilton noted thus: ” …The Judiciary Branch may truly be said to have neither FORCE nor WILL, but merely judgement; and must ultimately depend upon the aid of the executive arm even for the efficacy of it’s judgements.”

However, I have never been a disciple and adherer of the above quote, for I believe that even in silence, the Judiciary remains the shield of all – including the Executive and the Legislature.

The rule of law in Nigeria has suffered so much aberration, the most – being the brazen disobedience to Court orders.
In the Military Governor of Lagos State v. Ojukwu SC (1986) 2 LLER 2; All NLR 233, Hon. Justice Mohammed Lawal Uwais JSC (as he then was), on the dangers inherent in disregard for rule of law by the government, had this to say; “If Governments treat court order with levity and contempt the confidence of the citizen in the courts will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of law. If anyone should be wary of orders of court it is the authorities; for they, more than anyone else, need the application of the rule of law in order to govern properly and effectively.”

In the same vein, Lord Atkins in LIVERSIDGE vs. ANDERSON (1942) AC 206, opined thus:
“Amidst the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which recent authority, we are now fighting that judges are no respecters of persons and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law”.

So many instances abound to show the persistent disobedience of Court orders by the executive arm of government. The executive branch has since become like wizards and witches, operating in a dark coven – witch-hunting some targeted persons in blatant disregard to whatever orders a court may have made. The recent travails of the former Executive Chairman of the EFCC, Abdulrasheed Bawa and the former Governor of the Central Bank of Nigeria (CBN), are not far from executive witch-hunt, bordering on palpable executive lawlessness and rascality. It is indeed pitiable that after all the ills perpetrated by the Buhari-led administration, only these two have been singled out to become EXECUTIVE VICTIMS.

ABDULRASHEED BAWA: WHAT IS HIS OFFENCE?
On February 24, 2021, former civilian dictator and ethnic warlord, President Muhammadu Buhari, appointed the 43 years old Bawa (born April 30, 1980) as the Executive Chairman of the EFCC, to replace the then suspended former chairman, Ibrahim Magu. The young man appeared to have taken to a higher notch, the ante of graft agency governance structure, by reducing media trial, political hype and the “name-and-shame” mantra glorified by Buhari and his Propaganda maestro, Lai Mohammed (who would make Hitler’s Goebel green with envy from his second World War cold grave of the Nazi Germany third Reich (1933-1945). Or, so we thought, until 14th June, 2023, when the new strong man and Sheriff in town, Asiwaju Bola Ahmed Tinubu, came in view. On that Ceasar’s “Ides of March”, Bawa was promptly picked up by Nigeria’s usually hooded secret Police, the Department of State Security Service (DSS). The DSS gave its reason as an invitation relating to “some investigative activities concerning him”. I thought under the National Securities Agency Act, 1986, the DSS is only responsible for national security matters. Do these include economic crimes for which the EFCC (Establishment) Act, 2004, was promulgated, with Bawa heading it? I do not know. Or, do you?

Nearly two months later, Bawa remains kept in captivity, in the DSS gulag. I thought section 35 of the 1999 Constitution, as amended, provides for only one day (24 hours) incarceration when there is a court of competent jurisdiction within a radius of forty kilometers from the Police Station; and where there is no court within a 40-kilometers radius from the station, the time is a period of 2 days (48 hours); or any longer period which the court considers reasonable given the particular circumstances of the case. See the case of AMOS & ORS V. DANIEL & ORS (2023) LPELR – 60454 (CA). The DSS, through its Director of Information, Willie Bassey, cited “weighty allegations of abuse of office levelled against him”, as the reason for Bawa’s continued captivity. This continued detention without trial is barbaric, atrocious and unconscionable, to say the least. Are we still living in the early caveman Australopithecus era? I do not know. Or, do you?

Till date, the DSS has not told Nigerians what Bawa’s specific offences are (if any), or the level of “investigation”. Investigation? Mtchew! Even if he committed some infractions of the law, can illegality beget legality? Can two wrongs make a right? Can the DSS continue to be the accuser, arrester, detainer, investigator, prosecutor and the Judge? What is going on here? The last time I checked, even amongst mad people, there is orderliness. DSS, for God’s sake, and for the sake of decency and our constitutional democracy, release Bawa immediately and forthwith. Haba!

GODWIN EMEFIELE – DID HE COMMIT MURDER?
Emefiele’s sad tale has further amplified the saying that, “…he who sups with devil, should have a very long spoon.” The meaning of this quote, varies, but i resolve it in this circumstance to mean, he who dines with the devil should maintain a long distance. Mr Godwin Emefiele, one of the longest serving Governors of the CBN, a refined and brilliant banker, Economist and politician at heart, is simply an “Executive Victim”, or victim of executive lawlessness and rascality. as a result of the unpalatable “feast” he had with the Buhari government. I wish he had had the opportunity to read my “Buharocracy.”- How Buharocracy put Nigeria in throes, by Prof. Mike Ozekhome, SAN.<https://www.thefreelibrary.com/How+Buharocracy+put+Nigeria+in+throes%2C+By+Mike+Ozekhome.-a0752354217>; How Buharocracy put Nigeria in throes.<https://sunnewsonline.com/how-buharocracy-put-nigeria-in-throes-2/>; How Buhari put Nigeria in throes.<https://sunnewsonline.com/how-buharocracy-put-nigeria-in-throes-3/>;Buharocracy: Know ye the Concept.<https://mikeozekhomeschambers.com/buharocracy-know-ye-the-concept-part-4/>. If he had, he probably would have done things differently.

THE MANY YET UNSUBSTANTIATED “SINS” OF EMEFIELE IN CIRCULATION
A flip through many publications of media outlets, shows how Nigerians are so hard on and crazy about Emefiele, majorly because of the hardship some monetary policies he introduced have subjected Nigerians to.
Amongst others, Emefiele has been serially accused of plunging the nation’s currency to a zero level. The Naira which was exchangeable at about N190 against US dollar before Buhari’s arrival, now exchanges for N800.00. that he was allowing unscrupulous elements with access to the import and export window (people who profit robustly from currency arbitrage and round-tripping). He was also accused of attempting to succeed Buhari, irrespective of his occupation of a very vital and juicy office such as the CBN Governor. They accused him of releasing only $17 million, and abandoning $53 million in unpaid debt; of failure to curb inflation despite the amount of trillions spent (the surge in inflation hit 22% in 2023). The most daring to Nigerians was the Naira Currency Swap/printing. N22 trillion was reportedly spent on reprinting which allegedly threatened the corporate existence of Nigeria, and sent so many to early graves. May their Souls rest in perfect peace, Amen.
All these and many more are the scares on Emefiele. I have still not heard anyone accuse Emefiele of stealing trillions of Naira like many of Buhari’s acolytes. I did not hear that he was involved in any coup attempt, or in kidnapping, armed banditry, or armed robbery. I am yet to hear that Emefiele committed murder. Even in these capital offences, a Judge can still grant bail to an accused person under certain circumstances as provided for in section 161 of the ACJA. See the cases of ABACHA V. THE STATE & ORS (2002) 5 NWLR (Pt. 761) 638 and NWAKANMA V. STATE OF LAGOS (2020) LPELR-50107 (CA). So, the questions still remain unanswered: were all these acts complained about in Emefiele’s own accord alone? Could Emefiele have taken these decisions alone without former President Buhari’s backing? Can someone clap with one palm? Why punish the messenger and save the principal sender? Is this not selective justice? Is it because of where he comes from? Could this have happened to a Northerner given the same extenuating circumstances? I do not know. Or, do you?

THE TRAVAILS OF EMEFIELE: EARLY ALLEGATIONS AND COURT INTERVENTION
On December 19, 2022, Hon. Justice Tsoho, Chief Judge of the Federal High Court sitting in Abuja, declined an application by the DSS to arrest and detain Emefiele. This was as a result of the allegation leveled on Emefiele in respect of alleged terrorism financing and economic crimes. Emefiele, was accused of funding “unknown gunmen” and members of the outlawed Indigenous People of Biafra (IPOB), by the State Security Service (SSS).
The learned Justice noted that, there was no concrete evidence to substantiate the claims that Emefiele was involved in the alleged crimes. The application was dismissed on the grounds of lack of evidence. The secret Police had no confidence in their own investigation. In other words, it was a mere witch-hunt, the beginning of a long story. Methinks so, don’t you?

Again, on December 29, 2022, Hon. Justice M. A. Hassan, of the Federal Capital Territory (FCT) High Court sitting in Maitama, issued an order restraining the DSS from arresting Emefiele.

The Incorporated Trustees of Forum for Accountability and Good Leadership, as Applicants, had filed an application against the DSS and the Economic and Financial Crimes Commission (EFCC), as Respondents, to restrain the arrest of Emefiele by the two operative agencies.

The Court ruled that the “continuous harassment” of Emefiele over “trumped-up allegations of terrorism financing and fraudulent practices” was unwarranted and oppressive, as there were no evidence to substantiate the allegations of terrorism.

THE JUDICIAL COURT AND PUBLIC COURT
At the FCT High Court, EFCC in a counter affidavit, denied having any business with Emefiele, as he was not under their investigation. In fact, they alluded to the fact that, the continuous harassment of Emefiele was illegal as it was without legal basis.

Meanwhile, Emefiele travelled outside Nigeria before the 2022 Christmas, for his annual vacation, with the imprimatur of his Boss, Buhari. He returned in mid January.
Due to the ugly developments around Emefiele’s crisis, the Presidential Campaign Council of the Peoples Democratic Party (PDP) alleged that some politicians were behind the travails of the now suspended CBN governor.

The leadership of the party said those who were “after” Emefiele should be careful of its implications on the country’s economy: “This is especially on the backdrop of apprehensions that inordinately ambitious politicians that run activities with bullion vans and raw cash are out to destroy the nation’s financial institutions, particularly, the CBN, for their selfish political interests.”
At the peak of these, the Mass Interest Project, a coalition of civil society organisations (CSOs), raised an alarm that the life of Emefiele was under threat. It was alleged that the threat to his life was linked to politicians who were against the new CBN cash policy.

The Emefiele saga raised so much dust and ruckus in the polity that drew the interest of many ethnic organisations. The Southern and Middle Belt Leader’s Forum (SMBLF), while calling for the sack of Yusuf Bichi, the DSS Boss, asked, “What is the evidence that the governor of the Central Bank of Nigeria, Mr Godwin Emefiele, is involved in “terrorism financing”? If the allegations against the CBN governor are genuine, why didn’t the DSS present its findings to the president for consideration and necessary action?”

THE TINUBU – EMEFIELE MEETING, HIS ARREST AND CONTINUING PERSECUTION
The then INEC President – elect, in the course of his inaugural speech on May 29, 2023, made an announcement that fuel subsidies were no longer sustainable in Nigeria. Subsequently, on June 9, 2023, he had a meeting with Mr Mele Kyari, the GCEO of the Nigerian National Petroleum Company Limited (NNPCL), and Godwin Emefiele, the CBN Boss.

Immediately the meeting was over, the suspension of Emefiele was announced. What followed on June 10, 2023, was unverified news about his arrest by the Secret Police and DSS. At first, the DSS denied his arrest; but within a couple of hours, its spokesperson, Peter Afunanya, tweeted thus, “The Department of State Services (DSS) hereby confirms that Mr Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN), is now in its custody for some investigative reasons.”

Afunanya did not provide details of when and how Mr Emefiele was arrested and where he was being kept. It was however gathered that, the banker was picked up from his home in Lagos and then flown to Abuja, guarded by a detachment of operatives. Thereafter, he was driven to the SSS’ headquarters in the Asokoro District of the nation’s capital. Seeing a whole CBN Governor in chains being led like a common criminal is indeed a national disgrace and scandal. I was greatly embarrassed as a Nigerian.

EMEFIELE HEADS BACK TO COURT
Consequently, Emefiele instituted a rights action against the DSS. Delivering judgement, Justice Muazu, held that Emefiele’s continued detention without trial, amounts to a gross violation of his fundamental human rights; but however, that Emefiele failed to prove that his arrest, detention and investigation were unlawful since they were based on a valid court order. Justice Muazu said:

“Detention, no matter how small, can amount to a breach of fundamental rights.

“Though I am in sympathy with the applicant (Emefiele), but my sentiment will not go far to deliver judgement by granting all the reliefs sought by the applicant.

“The applicant has not shown that his arrest, detention and investigation were unlawful. “However, I am concerned that the application is not without merit. The applicant is entitled to fair hearing.

“At this point, the continued detention of the applicant cannot be justified in the absence of any charge against him.

“Consequently, I hereby make an order, directing the respondents to within one week, charge the applicant to court or release him on administrative bail.”

Yet again, following another application, Justice Kawu also made an order setting aside any purported warrant of arrest obtained or procured by the Respondents, especially the DSS, for the arrest of Emefiele in connection with the allegations of terrorism financing, fraudulent practices, money laundering, threat to national security, before any court.

The court further granted an injunction restraining the respondents, particularly the DSS from arresting, detaining, or interfering with Mr. Emefiele’s personal liberty and freedom of movement; and that he is released from detention.

THE SUDDEN NEW CHARGES AGAINST EMEFIELE: AN AFTERTHOUGHT?
Like a Fandango, the DSS subsequently switched the charges levied against Emefiele to mere illegal possession of unlawful arms. He was accused of illegally possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without license. On Tuesday, July 25, Emefiele pleaded not guilty to a two-count charge filed against him, before a Federal High Court in Lagos State.

The bail application by Emefiele succeeded, irrespective of the opposition of the Federal government.

In his ruling, Justice Nicholas Oweibo, the presiding Judge, said the charges against Emefiele are bailable. He granted Emefiele bail.

The presiding Judge however ruled that the surety must have landed property within the jurisdiction of the court and must depose to an affidavit of means. Emefiele was also asked to deposit his international passport with the court registry.

The Judge also ruled that the CBN governor should be remanded in the correctional centre, pending perfection of his bail conditions. The case was then adjourned to November 14, 2023 for continuation.

THE GANSTERISM OF THE DSS IN A LAWLESS ERA
The operatives of the Department of State Services (DSS), re-arrested Emefiele, in the premises of the Federal High Court, Lagos, few hours after he was granted bail by Justice Nicholas Oweibo. The days of the locusts are here once again!

The attempt at re-arrest caused a cacophony when Emefiele came out of the courtroom, led by a Squadron Commander from the Nigerian Correctional Service (NCoS). The NCoS was promptly intercepted by DSS operatives, which caused the retreat of Emefiele back into the courtroom.

This happened while Emefiele’s lawyers were busy perfecting his bail conditions. Ruckus ensued when a DSS personnel engaged in fisticuffs over who should take custody of the former CBN governor. It became a fight, as the DSS officers beat up the NCoS Squadron Commander, when he made an attempt to resist DSS from taking Emefiele away from him. He was thoroughly manhandled, his clothes torn.

The situation became so messy and ugly that both the DSS personnel and the NCoS officers corked their guns and were ready to shoot, as court workers and journalists scampered for safety. However, the NCoS retreated following immediate direction from the Controller-General of the NCoS in Abuja. Supposing they had shot live bullets and Judges, litigants, members of the public and operatives of the DSS and NCoS got killed, what next? I do not know. Or, do you?
All this madness took place after the learned trial Judge had directed that custody of Emefiele should be in the correctional centre and not with the DSS. Many Nigerians appreciated this serious situation, but made a mockery of the whole system. Others however trivialized it by concluding that Emefiele’s custody was important because “them know say anywhere him lap, joy go touch boys”. Nigerians!!!

EARLIER CHARGES
The earlier allegations against Emefiele but which were never pursued revolved around some legislations. Terrorism (Prevention and Prohibition) Act, 2022. These have to do with terrorism financing, which under various sections carries sentences ranging from fine to life imprisonment and 20 years imprisonment; and up to winding up a company that is involved.

On the other hand, the Robbery and Fire Arms (Special Provisions) Act, in section 3, and section 428 of the Criminal Code Act, provides for punishment for illegal possession of firearms to a fine and less than 10 years imprisonment.

THE RE-ARREST CULTURE BY NIGERIAN LAW ENFORCEMENT AGENCIES
One of the commonplace routines by law enforcement agencies in Nigeria, which is gradually snowballing into an established culture is the act of arresting an accused person immediately after being granted bail by a Court of competent jurisdiction. This may be seen as a practice to prevent the defendant from disappearing into thin air. But, is this the whole truth behind these sharp, illegal and unethical practices? I answer in the negative, No! What about you?

WHAT DOES THE LAW SAY?
Truth is that these unwholesome acts arise due to the ineffective and inefficient machinery, investigative measures and mechanisms prevailing in the various agencies.

It is pitiable that our criminal investigative departments have since imbibed the culture of lack of diligence and dexterity, resulting to illegal practices and violations of the fundamental rights of citizens. This makes mockery of constitutional safeguards. The culture of arrest before investigation runs contrary to so many fundamental principles of human rights in the Administration of Criminal Justice. Odemwingie Uwaifo JSC (as then was), in Fawehinmi v. IGP (2002) 7 NWLR 606 at 681, said, “In a proper investigation procedure, it is unlawful to arrest unless there is sufficient evidence upon which to charge and caution a suspect. It is completely wrong to arrest, let alone caution a suspect, before the police look for evidence implicating him.”

In NDLEA & Ors v. Bwala (2022) LPELR-56566(CA), on whether arrest and detention before investigation is unconstitutional, Justice FOLASADE AYODEJI OJO, JCA (Pp 26 – 27 Paras F – C), held: “It has been settled in a line of judicial authorities that it is unlawful to arrest a person until there is sufficient evidence to charge and caution him and that it is unconstitutional to arrest a person pending investigation. In other words, it is unlawful to arrest a person when investigation of the alleged crime is still on and there is no prima facie evidence that the suspect has committed the offence or reasonable suspicion that he has done so. Arrest and detention before investigation is unconstitutional. See FAWEHINMI VS. INSPECTOR-GENERAL OF POLICE (2002) 7 NWLR (PT. 767)606, DURUAKU VS. NWOKE (2015) 15 NWLR (PT. 1483) 417 AND OGOR VS. ROLAND & COMMISSIONER OF POLICE (1983) 1 NCR 343.”

EMEFIELE’S RE-ARREST AFTER THE COURT ORDERED HIS RELEASE: THE LEGAL REGIME

It was gathered that, after Emefiele was granted bail on terms, and his lawyers were perfecting the bail conditions, upon stepping out of the Court room, he was apprehended and arrested again for fresh charges by men of the DSS. Like they always do, he may now be charged with an entirely fresh set of offences, even without prior investigation of same. What kind of piecemeal prosecution (sorry, persecution) is this? Is this how to run a country governed by constitutional safeguards? I believe not. Or, do you think so?

In Military Governor of Lagos State v. Ojukwu (2001) FWLR (Pt. 50) 1779 at 1801, on the Rule of Law—Supremacy of Law and the need for government to conduct its affairs with regards to the law, the Supreme Court, per Andrews Atutu Obaseki, JSC (as he then was), had this to say: “The Nigerian Constitution is founded on the rule of law the primary meaning of which is that everything must be done according to law. It means also that government should be conducted within the frame-work of recognized rules and principles which restrict discretionary power which Coke colourfully spoke of as ‘golden and straight method of law as opposed to the uncertain and crooked cord of discretion’ (see 4 Inst. 41). More relevant to the case in hand, the rule of law means that disputes as to the legality of acts of government are to be decided by judges who are wholly independent of the executive. See Wade on Administrative Law 5th Edition p. 22-27.

That is the position in this country where the judiciary has been made independent of the executive by the Constitution of the Federal Republic of Nigeria 1979 as amended by Decree No. 1 of 1984 and No. 17 of 1985. The judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law. It is both in the interest of the government and all persons in Nigeria. The law should be even handed between the government and citizens.”
In UBA PLC & Ors v. Durunna (2015) LPELR-25625(CA), Frederick Ozoakpono Oho, JCA, said, “…this practice of making arrests first before looking for evidence in a manner of speaking is like placing the “cart before the horse” instead of doing it the other way round…”

The subsequent re-arrest and detention of Emefiele is in utter disobedience of the Court order granting bail to Emefiele. For how long, shall we continue to tolerate law enforcement agencies that thrive on the imprimatur of executive lawlessness? For how long? Why can they not learn to obey court orders under our tripartite separation of powers, doctrine popularized in 1748 by leading French Philosopher, Baron de Montesquieu?

In AKINYEMI v. SOYANWO & ANOR (2006) LPELR-363(SC), on whether an order of court must be obeyed, FRANCIS FEDODE TABAI, JSC, at Pp 15 – 15 Paras C – E, had this to say: “It is a settled principle of law that every party to a suit, and indeed every citizen, has an obligation to obey the subsisting Court decision or order in the suit unless and until it is set aside. And the party’s obligation to obey the decision is without regard to his perception about the irregularity or illegality of the decision as long as it subsists. See Alhaji Audu Shugaba v. Union Bank of Nigeria Plc. (1999) 11NWLR (Pt. 627) 459 at 477 where this principle was re-enacted. See Odogwu v. Odogwu (1992) 2 NWLR (Pt. 225) 539; Nigerian Army v. Gloria Mowarin (1992) 4 NWLR (Pt. 235) 345.”
In OKEKE V. IGP & Ors (2022) LPELR-58476(CA), pronouncing on whether the Police can deprive citizens of their liberty while the case against them is still being investigated, CHIOMA EGONDU NWOSU-IHEME, JCA at Pp 9 – 9 Paras D – E, echoed:
“The law does not give the Police unbridled power to deprive citizens of their liberty while the case against them is still being investigated. See EVANGELIST BAYO JOHNSON V. E. A. LUFADEJU & ANOR (2002) 8 NWLR (PT. 768) PG 192 at 218 B – C.”

CONCLUSION
It is clear to me that Mr. Godwin Emefiele’s rights have been grossly and wantonly violated with impunity under the thin guise of investigation. What manner of investigation? The order of the Court granting him bail has since been rendered futile by his subsequent re-arrest and detention. The DSS’ wanton acts of brigandage throws us back into the ignoble Hobbessian State of Nature, where life was short, solitary, nasty and brutish. So disgusting. So shameful. So horrific.
Godwin Emefiele’s offences (and Bawa’s, if any), as already charged, are bailable (see sections 35 and 36 of the 1999 Constitution as amended). As regards Bawa’s alleged offences, we still do not even know till date. By the way, who is afraid of Emefiele? And who is afraid of Bawa? And why? I do not know. Or, do you? Both Emefiele and Bawa have presumption of innocence enuring in their favour (section 36(5) of the 1999 Constitution as amended). See DAUDA V. FRN (2018) 10 NWLR (pt. 1616) 169 and NKIE v. FRN (2014) LPELR-22877 (SC). Two options are available here to this wobbly and fumbling government that is fast donning the garb of military (sorry, civilian) dictatorship and absolutism: charge Emefiele and Bawa to court; or RELEASE them promptly and unconditionally. Please, sirs/mas, let my people go. Let Emefiele and Bawa go (Exodus 8:1).

Opinion

A Vindicating Truth: A Factual Presentation on the Supreme Court’s Intervention in the ADC Leadership Matter

Published

5 days ago

May 4, 2026

Eric

By Comrade IG Wala

To All Nigerians, Party Stakeholders, and Lovers of Democracy,

In the life of every great political movement, there comes a moment where the noise of confusion meets the silence of the Law. For the African Democratic Congress (ADC), that moment arrived on April 30, 2026.

For months, the ADC was held in a state of judicial paralysis caused by a lower court order that froze the party’s activities. This order did not just affect a few leaders, it threatened to delete the ADC from the Nigerian political map and disenfranchise millions of supporters ahead of the 2027 General Elections.

Today, we present the facts of the Supreme Court’s intervention to ensure that every Nigerian, from the city centers to the grassroots, understands that Justice has spoken, and the ADC is alive.

The Three Pillars of the Supreme Court’s Ruling:

1. The End of Paralysis (The Status Quo Order)!

The Supreme Court, led by Justice Mohammed Garba, was clear and firm: the Court of Appeal’s order to maintain a “status quo” was improper and unwarranted. The apex court recognized that you cannot freeze a political party indefinitely without a trial. By setting this aside, the Supreme Court rescued the ADC from a leadership vacuum that was being used to justify de-recognition by INEC.

2. The Restoration of Administrative Legitimacy.

By nullifying the appellate court’s freeze, the Supreme Court effectively restored the David Mark-led National Working Committee to its rightful place. This means that for all official, administrative, and electoral purposes, the ADC now has a recognized head. The party is no longer a ship without a captain; the doors of the headquarters are open, and the party’s name remains firmly on the ballot.

3. The Order for a Fresh Trial on Merits.

True to the principles of fair hearing, the Supreme Court did not simply gift the party to one side. Instead, it ordered the case back to the Federal High Court for an accelerated hearing. This is a victory for the Truth. It means the court is not interested in technicalities or stopping the clock, it wants to see the evidence, read the Party Constitution, and deliver a final judgment based on the Right vs. Wrong.

Note: I will drop the 7 prayers made to Supreme Court by ADC in the comment section.

A Message to Our Members and Supporters.
To our members who have felt a sense of fear, apprehension, or a lack of confidence in the Nigerian courts, let your hearts be at peace.

It is a delusion to believe that gross injustice can simply walk through the doors of our highest courts unnoticed. This matter is currently one of the most publicized and people-centric cases in Nigeria. In such a bright spotlight, the Judiciary acts not just as a judge, but as a shield for the common man.

The Law is not a tool for the crafty, it is a searchlight for the Truth.
Inasmuch as they say the Law is blind, it sees with perfect clarity the difference between a lie and the truth, between right and wrong. The Supreme Court’s refusal to let the ADC be strangled by procedural delays is proof that the system works for those who stand on the side of justice.

Our confidence is not in personalities, but in the Process. We are returning to the Federal High Court not with fear, but with the armor of Truth.

The Handshake remains strong, the vision is clear, and our participation in the 2027 elections is now legally anchored.

Stand tall. The ADC has been tested by the fire of the courts, and we have emerged not just intact, but vindicated.

Signed,
Comrade, IG Wala.
02/04/26. — with Shareef Kamba and 14 others.

Opinion

The Police is Your Friend and Other Lies We No Longer Believe

Published

5 days ago

May 4, 2026

Eric

By Boma Lilian Braide (Esq.)

There was a time in Nigeria when the phrase The Police is Your Friend was not a national joke. It was a civic assurance, a symbolic handshake between the state and its citizens. It represented the ideal of a civil security architecture built on trust, service, and protection. Today, that once reassuring slogan has decayed into a bitter irony. It no longer evokes safety; it provokes fear. It no longer signals partnership; it signals danger. What should have been the soul of Nigerian civil state relations has become a cruel parody of our lived experience at checkpoints, stations, and on the streets.

The Nigerian security apparatus has undergone a transformation so profound that it now resembles a predatory machine rather than a protective institution. The sight of a police patrol vehicle, which should ordinarily bring comfort, now triggers anxiety. Citizens instinctively brace themselves, not for assistance, but for extortion, harassment, or violence. We are not merely witnessing isolated incidents of misconduct. We are watching a pattern of state enabled brutality unfold in real time, a pattern so consistent that it feels like a televised execution of the social contract. In this grim theatre, the Nigerian state often appears not as the protector but as the principal aggressor.

On Sunday, April 26th 2026, the quiet air of Effurun in Delta State was shattered by the crack of a service pistol. What should have been an ordinary Sunday afternoon became the final chapter in the life of twenty-eight year old Mene Ogidi. A viral video, barely two minutes long, captured the horrifying scene. Ogidi sat on the dusty ground, his hands tied behind him with a rope. He was unarmed, exhausted, and pleading in his mother tongue for a chance to explain himself. Standing over him was a man in plain clothes, a man sworn to protect the very life he was about to extinguish. Assistant Superintendent of Police Nuhu Usman raised his pistol and fired two shots at close range into the body of a restrained, helpless citizen.

This was not a confrontation. It was not a crossfire. It was not a struggle for a weapon. It was an execution. A daylight assassination carried out by a state paid officer who felt so insulated by impunity that he performed his violence in front of a digital audience. The collective outrage that followed was not simply about one death. It was the eruption of a nation that has watched this script repeat itself far too many times.

Barely days later, in Dei-Dei Abuja, another life was cut short. A National Youth Service Corps member was shot inside his father’s compound. Authorities described it as a mistake during a crossfire, but the silence that followed spoke louder than any official explanation. These tragedies are not anomalies. They are symptoms of a deep institutional rot, a rot that has turned the badge into a license for violence rather than a symbol of service.

Extrajudicial killings in Nigeria represent a direct assault on the fundamental right to life and the presumption of innocence. When a law enforcement officer assumes the roles of accuser, judge, and executioner, the very foundation of the state begins to crumble. In the case of Mene Ogidi, the Delta State Police Command admitted that the officer acted in gross violation of Force Order 237, the regulation governing the use of firearms. This admission is significant because it reveals that the problem is not the absence of rules. The problem is the collapse of discipline, the erosion of accountability, and the entrenchment of a culture of impunity.

Between 2020 and 2025, Nigerian security agencies were implicated in nearly six hundred violent incidents against civilians, resulting in more than eight hundred deaths. The Nigeria Police Force accounted for over half of these fatalities. These numbers paint a disturbing picture. The institutions funded by taxpayers to provide security have become one of the greatest threats to their safety.

The psychology behind this brutality is rooted in the absence of consequences. When officers believe that nothing will happen after they pull the trigger, the threshold for using lethal force drops to zero. In the Effurun case, reports suggest that the suspect was even transported to a station after the initial shooting, only to be shot again. This level of cruelty reflects a complete dehumanization of the citizenry. The victim is no longer seen as a person with rights. He becomes a disposable suspect. This mindset is a legacy of the defunct SARS unit, whose methods and mentality continue to shape policing culture. Rebranding SARS into SWAT or the Rapid Response Squad means nothing if the same men, trained in the same violent ethos, continue to operate with the same predatory instincts.

The Nigerian police system has evolved from a flawed institution into what many citizens now describe as a state sponsored cartel. The Zero Tolerance mantra often repeated by the Inspector General of Police, Olatunji Disu, has become a public relations slogan that evaporates at every checkpoint. The immediate dismissal and recommended prosecution of ASP Usman and his team may satisfy the public’s immediate hunger for justice, but it does not address the deeper institutional vacuum that allowed an officer to believe he could execute a restrained suspect without consequence. If accountability only occurs when a video goes viral, then we are not being policed. We are being hunted by a uniformed gang that is occasionally caught on camera.

This raises critical questions. Where were the superior officers? Where was the Area Commander while this culture of execution was taking root? Command responsibility in Nigeria remains a myth. Until a Commissioner of Police is removed for the actions of their subordinates, there will be no internal incentive to reform. The decay is structural. We are recruiting frustrated individuals, training them in aggression rather than professionalism, and unleashing them on a population they are conditioned to view with suspicion and contempt.

The mistake narrative used in the Abuja NYSC shooting reflects this tactical incompetence. A professional force does not mistake a youth corper in his bedroom for a combatant. Nigerians are effectively subsidising their own endangerment, paying for the bullets that cut down their brightest young citizens. A nation cannot survive this level of uniformed recklessness. The state has lost its monopoly on violence to its own agents. When police officers fear the citizen’s camera more than they respect the citizen’s life, the system has failed.

Five years after the historic 2020 End SARS protests, the systemic reforms promised by government remain largely unfulfilled. Only a handful of states have implemented the recommendations of the judicial panels or compensated victims. The National Human Rights Commission reported in July 2025 that it had received over three hundred thousand complaints of abuses. This staggering figure reflects the scale of the crisis. While the current Inspector General has introduced new regulations to align the Police Act of 2020 with operational realities, the gap between a gazetted document in Abuja and a patrol team in Delta remains vast.

The solution to this bloodletting must be radical and structural. First, police oversight must be decentralised. Relying on Force Headquarters in Abuja to discipline an officer in a remote community is inefficient and ineffective. Each state should have an independent, citizen led oversight board with the authority to recommend immediate suspension and prosecution without interference from the police hierarchy.

Second, Force Order 237 must be overhauled to strictly limit the use of firearms to situations where there is an immediate and verifiable threat to life. Under no circumstances should a restrained or surrendering suspect be shot.

Third, Nigeria must address the mental health and welfare of police officers. Men who live in dilapidated barracks, earn inadequate wages, and operate under constant stress are more likely to lash out at the public. However, poverty cannot be an excuse for murder. Welfare reform must go hand in hand with strict accountability.

Finally, justice must not only be done but must be seen to be done. The trial of ASP Usman and others like him should be public, transparent, and swift. It must serve as a deterrent that resonates in every police station across the country. The era of secret disciplinary rooms must end. Nigeria must invest in technology driven policing, not only in weapons but in body cameras and digital accountability systems. When officers know they are being recorded, hesitation replaces recklessness.

A NATIONAL CALL TO ACTION

The era of Orderly Room secrecy must end. Nigeria must decentralise police disciplinary trials, moving them from closed sessions in Abuja to open, civilian led inquiries in the states where the abuses occur. A National Firearms Audit is urgently needed. Every officer must account for every round issued, and any missing ammunition should trigger automatic suspension for the entire chain of command.

The National Assembly must fast track the Victims of Police Brutality Trust Fund, ensuring that compensation becomes a legal right funded directly from the budgets of offending commands. Nigeria must stop being a nation of post script outrage. Command responsibility must become law. If an officer under a Commissioner’s watch executes a handcuffed suspect, that Commissioner must lose their job alongside the shooter.

The blood of Mene Ogidi and the NYSC member in Dei Dei is a stain on our national conscience. It is a reminder that as long as one Nigerian can be tied up and shot without trial, no Nigerian is truly safe. Silence is no longer an option. Waiting for the next viral video is no longer acceptable. The time to demand change is now.

Opinion

Kwankwaso-Obi Anti-Coalition Alliance and the Perception of the North

Published

5 days ago

May 3, 2026

Eric

By Dr. Sani Sa’idu Baba

Let’s not sugarcoat it, what is unfolding is not just political maneuvering for 2027, but a carefully calculated roadmap to 2031. Anyone who believes Rabiu Musa Kwankwaso is acting out of patriotism or prioritizing Nigeria above his personal ambition is simply ignoring the pattern before us. His willingness to deputise Peter Obi is not born out of ideological alignment or national interest, it appears to be a strategic move aimed at one target weakening Atiku Abubakar and ensuring he does not emerge as president in 2027.

Kwankwaso’s real calculation seems anchored in 2031. He understands that as long as Atiku remains active and contesting, his own presidential ambition struggles to gain traction, especially in the North where Atiku’s influence remains deeply rooted. By positioning himself in a way that could undermine Atiku now, he potentially clears the path for himself later, when he can conveniently lean on the “it is the turn of the North” narrative with stronger moral leverage. This is not about helping Obi win, it is about ensuring Atiku is completely removed from the equation.

It is also important to state plainly that Kwankwaso is fully aware of his electoral limitations in this arrangement. He knows he cannot significantly attract Northern votes for Obi beyond a few pockets, even within Kano State. And even there, the good people of Kano are far more politically aware and discerning than to be swayed purely by sentiment. This makes the entire proposition even more questionable, if the electoral value is limited, then the intention behind the alliance becomes even clearer. It suggests that even if he joins an Obi ticket, it is not driven by a genuine commitment to Obi, the Igbo, the South-East or Nigeria but by a broader personal calculation.

Northerners must understand that this is a long game, and every move appears deliberately designed. Kwankwaso seems cautious not to overtly confirm growing suspicions that he is working, directly or indirectly, to the advantage of Bola Ahmed Tinubu. Yet, many are beginning to connect the dots. The belief that there is an underlying alignment is gaining ground, especially when actions repeatedly result in one outcome, a divided North that weakens its collective electoral strength, a repeatation of 2023 in a different style. The alignment of Kwankwaso’s political godson and the governor of Kano Abba Kabir Yusuf with Tinubu only fuels this perception, suggesting a dual-front approach: one operating directly and visibly, the other indirectly and subtly.

This is not the first time such a pattern is being observed. Many Northerners still recall similar dynamics from 2023, and recent developments have only intensified the conversation. In fact, within just the last 24 hours, the level of criticism and open dissatisfaction directed at Kwankwaso across Northern Nigeria has been unprecedented. What was once dismissed as mere suspicion of a quiet alliance is now, in the eyes of many, being confirmed by actions seen as disruptive to any meaningful coalition.

For Kwankwaso, this moment carries significant weight. The long-circulating “sellout” label, which many had hesitated to firmly attach, now appears to be finding a resting place in public discourse. Should he once again position himself outside a collective Northern arrangement, that perception may become permanently entrenched.

The implications for the North are serious. Voting Obi because of Kwankwaso, which is unlikely, could fracture an already consolidated political base, reduce its bargaining power, and ultimately produce outcomes that do not reflect its true strength. The North has never historically rejected a dominant figure like Atiku in favor of a subordinate position, nor has it embraced a configuration where its most established candidate is sidelined. The idea that the region would choose Kwankwaso as a deputy while overlooking Atiku as a president is not just improbable, it runs contrary to established Northern political behavior.

What is at stake goes beyond individual ambition. The North is fully conscious of the stakes and increasingly resolute in its direction. There is a growing determination to stand firmly behind its own Atiku Abubakar, to protect its collective political strength, and to resist any arrangement that appears designed to divide it. The signals are clear, the North has decided, and it will not fall into what many perceive as calculated traps, whether from Kwankwaso or from forces seen as working against its cohesion and democratic leverage….

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