The Oracle
Disputes Between States and Federation: Examining the Jurisdiction of the Supreme Court (Pt. 4)
Published
2 years agoon
By
Eric
By Mike Ozekhome
Introduction
In the last episode of this discourse, we concluded our discussion of the meaning of ‘dispute’ for the purpose of the original jurisdiction of the Supreme Court. We then examined the legal dimensions of disputes between the States and the Federation, defining the Federation and the conceptual link between it and the Federal Government of Nigeria. We concluded it with a discussion of the principles for the invocation of the original jurisdiction of the Supreme Court in disputes between States and the Federation.
In today’s episode, we shall conclude our discussion of the principles for the invocation of the original jurisdiction of the Supreme Court, highlighting instances where the jurisdiction of the court cannot be invoked. We will then consider the possibility of an individual invoking the original jurisdiction of the court, and consider an apparent shift in the position in two circumstances which are discussed, starting with the locus standi of a State to sue in the court to protect its inhabitants or indigenes. Enjoy.
Principles For The Invocation Of The Jurisdiction Of The Supreme Court (continues)
However, some cases have also been struck out for feigning ignorance of this dividing thin line. For instance, in ATTORNEY-GENERAL OF LAGOS STATE v. ATTORNEY-GENERAL OF THE FEDERATION, Ibid the Supreme Court declined original jurisdiction to entertain the action and struck it out. The plaintiff had sought a declaration that the Value Added Tax Act, Cap. VI, Laws of the Federation of Nigeria, 2004, is null and void, to the extent that it provides for the imposition and collection of taxes on goods and services in Lagos State, outside the legislative competence of the National Assembly, and perpetual injunction, restraining the Federal Government from continuing to give effect to the provisions of the said Act. The 1st defendant filed a notice of preliminary objection, urging the court to strike out and/or dismiss the action, stating that the allegation of the plaintiffs is absurd and is trying to usurp the acts of an agency of the Federal Government. In its lead judgement delivered by DATTIJO MUHAMMAD, JSC, the apex court held that “the plaintiff had approached the wrong court because its claim clearly relates to the revenue of the government of the Federation, consequent upon the taxes of one of its agencies levies, and or/seeks the interpretation of the Constitution as to how the operation of the Constitution affects the 1st defendant or any of its agencies. The dispute pertained to the operation of the Federal Inland Revenue Service (FIRS), in relation to an agency of the plaintiff. Rather, it was the Federal High Court that had jurisdiction on matters agency in relation to taxation of companies and other bodies”.
In the same breath, in the case of ATTORNEY GENERAL OF ABIA STATE V. ATTORNEY GENERAL OF THE FEDERATION, NWLR (2007) 2 SC 146, the action of the plaintiff was a challenge against the establishment and functions of the Economic and Financial Crimes Commission (EFCC), as a federal agency operating in the States of the Federation. The Supreme Court held that this was not a dispute between the plaintiff and the Federal Government; neither was it a dispute between the plaintiff and the rest of the State Governments, which were joined as co-defendants.
Instances Where the Jurisdiction of the Supreme Court Cannot Be Invoked
The jurisdiction of the court cannot be invoked where:
a. There is a dispute on any criminal matter pursuant to the court’s original jurisdiction.
b. Any dispute arising between individuals at first instance.
c. Any dispute between persons and the Federal Government.
d. Any dispute between persons and a State Government.
e. Any action instituted by a corporate or statutory body.
f. Any action wherein a corporate body/institution/organization is made a party.
g. Any dispute between/amongst Local Government or between a Local Government and a State/the Federal Government.
The above instances were stated in the concurring judgement of I.T MUHAMMAD, JSC, as he then was, in the case of ATTORNEY-GENERAL OF RIVERS STATE v. ATTORNEY-GENERAL OF AKWA IBOM STATE 2011) All FWLR (pt. 579) 1023 S.C.
It is almost impossible to have this intriguing discourse without making reference or highlighting the need for locus standi before a matter can be filed at the Supreme Court.
Locus standi: Can An Individual Approach The Supreme Court?
Certainly, the answer to the poser is NO. In RE: LAGOS CHAMBER OF COMMERCE AND INDUSTRY, (2019) 1 NWLR (pt. 1652) 91, the Intervener/Applicant approached the Supreme Court via motion on seeking an order of the court granting leave to be heard in the proceedings between the plaintiffs and the defendant on whether the questions submitted by the plaintiffs for determination in its amended Originating Summons ought to be heard by the Supreme Court in its original jurisdiction. The Supreme Court held that the Applicant was not one of the parties recognized by section 232(1) of the Constitution to invoke the original jurisdiction of the Supreme Court. It further held that to that extent, the application was frivolous and the applicant was a busybody in a matter that did not involve her.
A Shift Of Position
Similarly, in ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENERAL OF THE FEDERATION& 19 ORS. (1983) 2 SNLR 269. The Ondo State Government brought an action against the Federal Government and 18 other States of the Federation under the Supreme Court’s original jurisdiction. However, the 20th defendant was the then electoral body, that is, the Federal Electoral Commission (FEDECO). The apex court held that the Electoral body, not being a State, cannot properly be brought before it as a court of first Instance.
However, the Supreme Court may have tacitly shifted its earlier position and nodded to this practice in circumstances such as:
1. Where a person suing through or suing the Attorney General; and
2. Where the main claim is between a State or States and the Federation.
Thus in the case of ATTORNEY GENERAL OF RIVERS STATE V. ATTORNEY GENERAL OF BAYELSA STATE, (2013) 3 NWLR (pt. 1340) 123 SC, the apex court held that though section 232(1) has indicated that only governments can be competent parties when the original jurisdiction of the Supreme Court is being invoked, suing through and or suing a sitting Attorney General will not make the suit incompetent, as section 20 of the Supreme Court Act, 2004 permits that.
Also, in ATTORNEY-GENERAL OF RIVERS STATE v. ATTORNEY-GENERAL OF AKWA IBOM STATE, Ibid the Supreme Court held that even if other persons or institutions are made parties to a suit whereby the original jurisdiction of the Supreme Court has been invoked, such original jurisdiction will still avail if the main claims are between the State and the Federal Government or between States, because the existence of such dispute will fulfill the requirements of section 232 of the Constitution.
Locus Standi of States to Protect Their Citizens
Generally, the issue of locus standi was recently addressed by the Supreme Court, in the landmark case of ATTORNEY- GENERAL OF KADUNA STATE & ORS. V. ATTORNEY- GENERAL OF THE FEDERATION & ORS, 2023) LPELR-59936(SC) @(Pp 37 – 39 Paras B – B), where EMMANUEL AKOMAYE AGIM, JSC, illuminated thus:
“Let me now consider the argument that the plaintiffs have no locus standi to bring the suit because the questions raised for determination and the reliefs sought for in the Originating Summons and the affidavit in support thereof do not show any dispute of facts or law on which the existence or extent of their legal right depends. It is correct that S.232(1) of the 1999 Constitution provides that the dispute between the Federation and a State or between States, over which this Court can exercise original jurisdiction, must be one that involves any question of law or fact on which the existence or extent of a legal right depends.
In other words, the dispute must arise over the plaintiff’s claim or assertion of the existence or extent of a right created or recognized and enforceable by law. This is the right, the breach of which entitles the plaintiff to remedy and gives him a right of action and a cause of action. The rights they assert in this suit are the right to be first consulted by the President as constituents of the Federation and the right to reasonable notice as such constituents before the President gave the directive or approval to the CBN to implement the change of currency notes, the right to protection of their states’ governance, economic and social order against massive disruptions and hardships that has resulted from the hasty and not well thought through and organized implementation of the change and the right to the establishment of adequate infrastructure and measures to prevent the said disruptions and hardships. It is obvious that the directive has been carried out. The fact is common knowledge, is not reasonably open to question and does not require proof, that the implementation of the directive has continued to deprive all persons and the plaintiffs access to a substantial part of their funds in banks, thereby forcefully and illegally depriving them their rights of ownership and use of the said funds for state functions. The President’s national broadcast of 16-2-2023 confirms this. Inherent in their status as constituents of the Federation under a democratic constitution, is their right to be consulted by the President before the exercise of any executive power of such magnitude as can have a far-reaching effect on the governance, economic and social order of each constituent of the Federation. Such a right is inherent in the idea of a Federation in a democracy. Without it, the Federation losses its sovereignty and the President becomes the sovereign and the Government of Nigeria a dictatorship.” (To be concluded next week).
Thought For The Week
“Presidents come and go, but the Supreme Court goes on forever”. (William Howard Taft).
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The Oracle
The Oracle: The University As a Catalyst for Societal Development (Pt. 2)
Published
3 days agoon
December 19, 2025By
Eric
Prof Mike Ozekhome SAN
INTRODUCTION
The inaugural installment of this treatise was foundational, commencing (suitably enough) with an overview of relevant terms (“University”, “education” “societal/human capital development”, “innovation ecosystem”, “etc). We later develved into a brief history of universities and tertiary education in general worldwide. Today, we shall continue same focusing on Nigeria as an entity. Enjoy.
THE HISTORY OF UNIVERSITIES AND TERTIARY INSTITUTIONS GLOBALLY (Continues)
Universities and the Scientific Revolution
By the 17th and 18th centuries, universities had become laboratories of scientific discovery (https://courses.lumenlearning.com/suny-hccc-worldhistory2/chapter/the-popularization-of-science/> Accessed on 8th September, 2025). Figures such as Galileo, Newton, and Descartes advanced theories that challenged established doctrines. Universities shifted from preserving old knowledge to producing new insights that fueled the Industrial Revolution. While continental universities in Italy, Germany, and Scotland became central to scientific teaching and research, the English universities of Oxford and Cambridge remained more conservative, with much of the scientific activity shifting to metropolitan institutions like the Royal Society. Nevertheless, the scientific revolution fundamentally redefined the university’s role as an engine of discovery.
The German Research University and the Modern Model
The 19th century introduced another pivotal model: the German research university, most famously represented by the University of Berlin under Wilhelm von Humboldt (https://en.wikipedia.org/wiki/Humboldt_University_of_Berlin> Accessed on 8th September, 2025). This model emphasized the unity of teaching and research, academic freedom, and the pursuit of truth for its own sake. It gave birth to the modern research university, where laboratories, libraries, and seminar systems became central. This template spread globally and remains the backbone of contemporary higher education.
Africa’s Pioneering Intellectual Heritage
Although the structures of modern higher education in Africa are often associated with European colonial frameworks (https://files.eric.ed.gov/fulltext/EJ1079222.pdf> Accessed on 8th September, 2025), it is misleading to assume that advanced learning began only with colonial intervention. Long before the imposition of Western-style universities, Africa nurtured sophisticated systems of education at multiple levels, ranging from informal community instruction to highly organized institutions that rivaled, and in some cases preceded, their European counterparts.
One of the earliest and most celebrated centers of scholarship on the continent was the Academy of Alexandria, sometimes described as the Universal Museum Library, which flourished between the 4th century BC and the 7th century AD. This institution served as both a repository of knowledge and a vibrant intellectual hub, attracting scholars from across the Mediterranean and beyond. Within its walls, philosophy, mathematics, astronomy, medicine, and literature were studied in ways that shaped intellectual developments far beyond Africa’s borders.
Africa also gave birth to universities that remain monuments of global intellectual history. The University of al-Qarawiyyin, established in 859 AD in Fez, Morocco, is widely regarded as the oldest continuously operating degree-awarding university in the world. Not long after, in 970 AD, al-Azhar University in Cairo (see: Times Higher Education, “Al-Azhar University”, https://www.timeshighereducation.com/world-university-rankings/al-azhar-university > Accessed on 8th September, 2025) was founded, growing into one of the most influential centers of Islamic learning. Both institutions not only preserved knowledge but also generated new streams of thought, producing scholars whose works shaped jurisprudence, philosophy, theology, and the sciences across Africa, the Arab world, and Europe.
In West Africa, the city of Timbuktu (see: Emnet Tadesse Woldegiorgis, “The Changing Role of Higher Education in Africa: A Historical Reflection” Higher Education Studies 3(6) ), rose to prominence between the 12th and 16th centuries as one of the world’s most important centers of learning. The famed Sankore Madrasah and other scholarly institutions attracted thousands of students who engaged in studies ranging from law and theology to astronomy, mathematics, and medicine. The thousands of surviving manuscripts from Timbuktu attest to a sophisticated academic tradition that connected Africa to a global network of learning.
Equally remarkable is the intellectual legacy of Ethiopia, which developed a distinctive scholarly tradition anchored in its unique script, Ge’ez. For over 2,700 years, Ethiopia maintained systems of elite education within monastic schools, theological academies, and royal courts . This enduring heritage emphasized literacy, history, philosophy, and religious thought, ensuring that Ethiopia remained one of the most resilient centers of indigenous knowledge on the continent.
Taken together, these examples demonstrate that Africa was by no means a passive recipient of education. Rather, it was a pioneer and custodian of intellectual traditions that shaped civilizations both within and beyond its borders.
HISTORY OF UNIVERSITIES AND TETIARY EDUCATION IN NIGERIA
The history of university education in Nigeria began with the establishment of Yaba Higher College in 1930 (Yusuf Adulrahman, “Historical-Chronological Emergence of Universities in Nigeria: The Perspectives in ‘Colomilicivilian’ Periodization” https://www.researchgate.net/publication/342247766_Historical-Chronological_Emergence_of_Universities_in_Nigeria_The_Perspectives_in_’Colomilicivilian’_Periodization accessed 7 September 2025, the first institution of its kind in the country. At the time, other forms of post-secondary training were also introduced in government departments—such as agriculture at Moor Plantation in Ibadan and Samaru near Zaria, veterinary science at Vom, and engineering in Lagos. The Yaba College offered courses in fields like civil engineering, agriculture, medicine, surveying, teaching, and later, commerce and forestry. Its main purpose was to train Africans for junior administrative and technical roles, thereby reducing reliance on expensive European expatriates.
However, the college faced criticism, particularly from Nigerian nationalists. Its goals were seen as narrow compared to a full university; its diplomas lacked international recognition; and its graduates were limited to junior posts, unlike their British counterparts who advanced to higher civil service levels. This fueled stronger agitation for a true university in Nigeria.
In response, the Asquith and Elliot Commissions of 1943 were set up to review higher education across West Africa (N.Okoji, “The History and Development of Public Universities in Nigeria Since 1914” International Journal of Education and Evaluation 2(1) 2016). While the majority recommended three new university colleges (in Ibadan, Achimota, and the Gold Coast), the minority proposed a single college at Ibadan with regional feeder institutions. With the Labour Party’s victory in Britain, the minority view was adopted. Thus, in 1948, the University College, Ibadan, affiliated with the University of London, was established as Nigeria’s first university-level institution.
Further expansion came after independence. The Ashby Commission of 1959 projected Nigeria’s manpower and educational needs and recommended broader access to higher education. Following its proposals, several universities were founded: the University of Nigeria, Nsukka (1960) (Nigeria’s first autonomous university with an American orientation) followed by the University of Ife (now Obafemi Awolowo University, 1962), Ahmadu Bello University, Zaria (1962), and the University of Lagos (1962). By the same year, the University College Ibadan became a full-fledged university. Collectively, these five institutions are known as Nigeria’s “first-generation universities.”
Expansion continued with the University of Benin in 1970, later recognized by the National Universities Commission. During the Third National Development Plan (1975–1980), the federal government created seven additional universities—at Calabar, Jos, Maiduguri, Sokoto, Ilorin, Port Harcourt, and Kano—known as the “second-generation universities.” (ThisDayLive, “Endangered Universities: The Way Out” https://www.thisdaylive.com/2022/08/29/endangered-universities-the-way-out/ accessed 07 September 2025)
By the 1980s, with the creation of 19 states, the federal government sought geographical balance by approving universities of technology in states without federal universities (see: Bolupe Awe, “Quality and Stress in Nigerian Public Universities” 2020 American Journal of Educational Research 8(12). This marked the further spread of higher education across Nigeria, solidifying the university system as a central pillar of national development.
To be continued…
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The Oracle
The Oracle: The University As a Catalyst for Societal Development (Pt. 1)
Published
1 week agoon
December 12, 2025By
Eric
By Prof Mike Ozekhome SAN
ABSTRACT
Universities are not merely centres of learning but pivotal institutions that shape and sustain societal transformation. Positioned at the nexus of knowledge, innovation, and culture, they serve as engines of human capital formation, research, and socio-economic development. Their influence extends far beyond academic instruction: in developing societies grappling with political instability, economic challenges, and social inequities, universities have emerged as critical actors in nurturing critical thought, producing socially responsible graduates, and driving social reform. They contribute not only to national progress but also to regional and local development, acting as hubs of expertise, employers of labour, incubators of innovation and integrators of public policy.
By influencing governance, shaping labour market and skills policies, fostering entrepreneurship, and promoting sustainable development, universities play a unique role as catalysts for inclusive growth. Yet, their transformative capacity is often constrained by structural challenges such as underfunding, weak governance, and limited research–industry linkages. Drawing on theoretical perspectives and global best practices, this paper argues that universities can be repositioned as dynamic agents of societal change if granted greater autonomy, strengthened through research investment, and embedded in robust partnerships with government, industry, and civil society. Ultimately, the vitality of a society is mirrored in the strength and responsiveness of its universities.
KEYWORDS: Universities; Societal Transformation; Human Capital Development; Innovation Ecosystems; Higher Education Policy; Governance and Autonomy; Sustainable Development; Civic Engagement; Public Policy Reform.
INTRODUCTION
Different metaphors have long been used to capture the complex relationship between higher education and societal development in concise and memorable ways. The first is mechanical (https://www.researchgate.net/publication/387801956_Universities_as_Catalysts_for_Social_Transformation_in_Developing_Countries#:~:text=The%20role%20of%20universities%20in,also%20in%20driving%20social%20reform> accessed 7 September 2025): higher education is an engine, powerhouse, driver, dynamo, booster, accelerator, or lever of growth and prosperity, suggesting that the pace of regional and national progress is set within the university. The second is biological: universities as hothouses, seedbeds, breeding grounds, spawning places, catalysts, or fermenters, sites where ideas sprout, blossom and reinvigorate society through innovation. The third is network-oriented: universities as nodes, hubs, bridgeheads, mediators, transfer points, or transmission centres, emphasising their role in disseminating knowledge and linking government, industry and communities. Finally, the temporal metaphors portray universities as the spearheads, vanguards, lighthouses, and signposts of transformation, guiding society through periods of change.
Yet the university is not merely a catalogue of metaphors. It is not a mere edifice of stone and chalk, nor simply a marketplace where degrees are traded and rituals observed. It is, in truth, the living citadel of knowledge, the intellectual furnace where the raw ore of youthful potential is refined into the gold of human capital. At its best, the university is both the conscience and the compass of society: diagnosing its maladies, prescribing its cures, and charting its course into the future. To reduce it to a certificate mill is to misunderstand its sacred function and to weaken the very foundations of national development.
Consider, for instance, the metaphor of the catalyst. In the laboratory, a catalyst accelerates transformation without itself being consumed. So too must the university serve as the silent accelerator of societal progress, shaping minds, equipping hands, and moulding character while standing as a permanent reservoir of knowledge, values, and innovation. Through it, theory becomes praxis, and research becomes a weapon against poverty, disease and ignorance.
History testifies to this catalytic role. The Renaissance was mid-wifed by the universities of Bologna, Paris, and Oxford (Wikipedia, History of European Universities, https://en.wikipedia.org/wiki/History_of_European_universities> accessed 7 September 2025); the scientific revolutions that ushered in modernity were incubated within their walls. Even today, the technological marvels that define the twenty-first century from breakthroughs in medicine to advances in engineering and digital innovation are birthed in university laboratories and lecture halls.
But beyond science and technology, the university also shapes culture and character. It produces not only doctors and engineers, but statesmen, reformers and thinkers. It tempers technical knowledge with moral vision, reminding us that wisdom without values can be destructive. It challenges assumptions, disciplines impulses and prepares future leaders not merely for making a living, but for living lives of service and sacrifice.
Thus, when we describe the university as a catalyst for societal development, we are not indulging in rhetorical flourish. We are stating a sober truth: no nation has ever risen above the quality of its universities, and none ever will. The strength of the classroom is reflected in the courtroom, the marketplace, and the parliament. The decay of the university is the decay of the nation itself. If the university rises, society advances; if the university falls, society crumbles. The stakes could not be higher.
DEFINITION OF TERMS
UNIVERSITY
A university is far more than a cluster of buildings where lectures are delivered and examinations conducted. At its core, it is an institution of higher learning and research, uniquely mandated to generate, preserve, and disseminate knowledge across disciplines (Wikipedia, “University” https://en.wikipedia.org/wiki/University#cite_ref-WordNet_Search_u476_1-0 > accessed 8th September 2025). Unlike earlier stages of education, which focus on absorbing established facts, the university emphasizes inquiry, critique, and innovation. It is here that theories are tested, discoveries made, and society furnished with the intellectual capital needed for progress. Rooted in the Latin universitas magistrorum et scholarium (meaning “a community of teachers and scholars”) (https://www.byui.edu/speeches/dallin-hansen/seeking-the-higher-view> accessed 8th September 2025
), the university represents a fellowship of minds devoted to truth, dialogue, and discovery. It is not simply a transmitter of knowledge, but a creator of it, standing as both a timeless custodian of wisdom and a timely responder to the needs of each age.
EDUCATION
Education is the systematic process of imparting and acquiring knowledge, skills, and values; formally or informally. It equips individuals with reasoning ability, judgment, and intellectual maturity. Formal education takes place in structured settings such as schools and universities, while informal education occurs through family, community, and other social interactions. At every level, education provides the foundation for personal growth and societal advancement.
SOCIETAL DEVELOPMENT
Societal development refers to the sustained improvement in a community’s well-being and collective capacity. It encompasses economic growth, improved social structures, access to quality public services, individual empowerment, and institutional strength. True development also requires social inclusion, equity, and sustainability, ensuring that progress today does not compromise the welfare of future generations.
HUMAN CAPITAL DEVELOPMENT
Human capital development is the process of enhancing individuals’ knowledge, skills, health, and productivity to unlock their potential and advance both economic and social progress. It involves deliberate investments in education, training, and healthcare, producing a workforce that is innovative, competitive, and equipped to drive sustainable national growth.
INNOVATION ECOSYSTEM
An innovation ecosystem is a dynamic network of interdependent actors such as entrepreneurs, firms, governments, universities, and investors working collaboratively to transform ideas into impactful solutions (https://share.google/awi0YhHoT1VD7aG4E > Accessed on 9th September, 2025). These ecosystems thrive on continuous interaction, resource sharing, and co-evolution, creating the environment necessary for sustained innovation, economic growth, and societal transformation.
THE HISTORY OF UNIVERSITIES AND TERTIARY INSTITUTIONS GLOBALLY
The idea of the university as we know it today did not emerge in a vacuum. It is the product of centuries of intellectual struggle, cultural refinement, and institutional development. To appreciate its role as a catalyst for societal progress, one must first understand its historical roots and the trajectory of its growth.
Ancient Foundations of Higher Learning
The earliest prototypes of the university can be traced to ancient centers of learning such as the Platonic Academy in Athens, the Library of Alexandria in Egypt, and the great schools of philosophy in India and China. These institutions were not universities in the modern sense, but they established traditions of advanced learning, debate, and preservation of knowledge that influenced later models.
Renaissance Humanism and the Scholarly Revolution
The Renaissance and Enlightenment eras transformed the university into an even more powerful agent of change. Humanism encouraged a rediscovery of classical texts, and universities became custodians of not only religious knowledge but also literature, science, and art. By the 14th and 15th centuries, figures such as Petrarch and Boccaccio began to challenge scholastic traditions, promoting grammar, rhetoric, poetry, moral philosophy, and history as central disciplines. Although humanism initially developed outside the universities—in princely courts, chancelleries, and academies—it soon penetrated academia. By the mid-15th century, humanist scholars like Lorenzo Valla were holding university professorships, and institutions such as Bologna and Florence had created chairs in Greek and humanistic studies.
This infusion of humanism altered the outlook of medicine, law, and philosophy. Medical humanists, for example, used philological techniques to critique both medieval and ancient medical texts, reshaping the discipline. While law and theology resisted transformation, natural philosophy and medicine were deeply influenced. By the 16th century, humanism and universities were intertwined, and their joint legacy paved the way for the Scientific Revolution.
The Rise of the Medieval European University
The University of Bologna, founded in 1088, is widely regarded as the first modern university . It was primarily a law school, devoted to the systematic study of Roman law, which became essential for the administration of European kingdoms. What distinguished Bologna was not merely the subjects taught but also its institutional structure: it was organized as a universitas, a guild of students and masters bound together in the pursuit of knowledge.
In 1150, the University of Paris followed, excelling in theology and philosophy, and soon after came Oxford and Cambridge in England, Salamanca in Spain, and Heidelberg in Germany. These institutions became the intellectual nerve centers of medieval Europe, training clerics, lawyers, physicians, and statesmen. The early universities were deeply intertwined with the Church, which provided both patronage and regulation. Theology was regarded as the “queen of the sciences,” while philosophy, law, and medicine were cultivated under its shadow. Yet, even within this religious framework, universities nurtured critical inquiry. It was within their walls that scholasticism: the rigorous method of logical reasoning, flourished, preparing the intellectual ground for the Renaissance.
To be continued
THOUGHT FOR THE WEEK
“All that is valuable in human society depends upon the opportunity for development accorded the individual”. (Albert Einstein).
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The Oracle
The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 4)
Published
2 weeks agoon
December 5, 2025By
Eric
By Prof .Ike Ozekhome SAN
INTRODUCTION
In our last outing on this treatise, we addressed the operational weaknesses and structural mismanagement of the Police; the failure of internal accountability; collusion of its men with criminal networks; erosion of civil liberties by its illegitimate enforcement practices; and cycle of impunity. And later followed by analysis of the abuse of judicial power as well as executive lawlessness directed at the Bench. We then concluded with suggested pathways and recommendations. Today, we shall continue with the same theme focusing on strengthening judicial independence; institutionalizing a comprehensive anti-corruption framework; enhancing the protection of civil liberties; community-based security initiatives; electoral integrity; transparency in the public sector; protecting vulnerable and marginalized groups as well as institutionalizing a culture of consequences. Enjoy.
Judicial Strengthening and Independence
The Judiciary should be insulated from political interference through secure tenure, adequate remuneration, and independent budgetary control. Court processes must be digitized to reduce delays and enhance transparency. Special courts should be created to fast-track cases of corruption, rights violations, and electoral offences so as to prevent them from being lost in a backlog of other matters.
Comprehensive Anti-Corruption Framework
Anti-corruption agencies must operate without political bias. Investigations and prosecutions should be based solely on evidence, regardless of the political or social standing of the suspect. Asset recovery processes should be transparent, and recovered funds must be channeled directly into public services such as healthcare, education, and infrastructure.
Strengthening of Civil Liberties Protections
Security laws and policies must be reviewed to remove provisions that allow arbitrary arrests, prolonged detention without trial, and excessive surveillance. The rights to free expression, peaceful assembly, and privacy should be reaffirmed through legislation, judicial precedent, and administrative directives. Security personnel should receive specific training on respecting these rights in the course of their duties.
Enhanced Community-Based Security Initiatives
Community policing structures should be developed in partnership with local stakeholders, including traditional leaders, civil society, and youth groups. These initiatives should focus on early conflict detection, intelligence sharing, and non-violent dispute resolution. Proper integration of community policing into the national security architecture can improve trust and cooperation between citizens and the State.
Electoral Integrity and Protection of the Political Process
To reduce politically motivated violence, security forces must adopt a neutral stance in elections and enforce the law impartially. Electoral offenders, including those within security agencies, must face swift prosecution. The deployment of technology in elections, such as biometric verification, should be protected by strong legal safeguards to prevent manipulation. More importantly, the Electoral Act must be urgently amended to include the use of BIVAS, electronic voting and real time transfer of results into IReV.
Public Sector Transparency and Open Data
Transparency in governance can significantly reduce opportunities for abuse of power. All government agencies should be required to publish regular reports on budgets, procurement, and performance indicators. Public access to information should be enhanced through stronger Freedom of Information laws and proactive disclosure of records.
Protection of Vulnerable and Marginalized Groups
Special attention should be given to protecting women, children, marginalized vulnerable persons and minorities and communities, who are disproportionately affected by rights violations and insecurity. Law enforcement and judicial olicers should be trained to handle cases involving such vulnerable groups with sensitivity. Dedicated units within security agencies should be tasked with preventing and responding to gender-based violence, child labour, human trafficking and exploitation.
Institutionalizing a Culture of Consequence
The single most important factor in ending impunity is ensuring that misconduct always attracts consequences. Disciplinary actions, criminal prosecutions and public reporting of case outcomes should become the norm. Political leaders must set the example by submitting themselves to the rule of law. They must lead by example and not by precepts.
CONCLUSION
The challenges confronting Nigeria in the areas of security, protection of citizens’ rights and enforcement of the rule of law are deeply rooted in a pattern of institutional neglect and governance failure. Throughout this work, it has become evident that insecurity in the country is not only result of violent crime or terrorism but also a product of weak and compromised institutions that allow such threats to flourish. When the very institutions tasked with safeguarding the people become unreliable or complicit, the result is a petrified environment where justice is selective, rights are precarious, and the social contract between citizens and the State is broken.
The evidence is clear that insecurity in Nigeria is a multi-dimensional crisis. Political violence undermines democratic processes. Economic hardship is exacerbated by corruption and the diversion of resources. Physical insecurity in many regions persists because law enforcement is either absent or compromised. The deterioration of education and healthcare further exposes the population to long-term instability. Each of these problems is interconnected and magnified by the failure of the justice and enforcement systems to function impartially and effectively.
Civil liberties, guaranteed by the Constitution and supported by international treaties, are repeatedly undermined by arbitrary arrests, unlawful detentions, and the suppression of free expression. When citizens live in fear of those entrusted to protect them, the legitimacy of the State is called into question. A society where speaking out invites retaliation and where wrongdoing by the powerful is met with silence or even approbation cannot claim to uphold the principles of democracy and justice.
The normalization of impunity is perhaps the most dangerous of all the trends identified. Impunity corrodes public trust, emboldens offenders, and creates a culture where breaking the law is not an aberration but an accepted norm of political and social life. Without decisive action to reverse this culture, every other reform will be weakened before it begins to take root.
Nigeria’s peculiar security realities demand a holistic approach. This includes rebuilding law enforcement into a professional, rights-respecting institution, ensuring the judiciary is free from political interference, and creating genuine accountability mechanisms that apply to everyone regardless of status. It also requires an investment in transparency, community trust, and the protection of vulnerable groups who suffer most from both insecurity and rights violations.
The task is undeniably challenging, but it is not impossible. The pathway to a more secure and just Nigeria begins with the recognition that true security cannot exist without justice, and justice cannot thrive without the rule of law. By committing to comprehensive reforms and by holding both leaders and institutions accountable, Nigeria can reclaim the promise of a society where rights are protected, laws are respected, and security is the shared foundation for national progress. In all these, one may ask, where is the Bar and what is its historic role? A once vibrant Association feared by the corrupt and dreaded by all successive governments has since become comatose, hardly responsive to societal needs. Aside many lawyers now professionally practising Bar instead of practising law by oscillating from one office to another over a period of decades, what has the Bar got to show for its continued relevance in terms of interrogating the status quo and challenging impunity? How has the Bar fared in holding governments responsible and accountable to the Nigerian people? Aside converging every year at designated venues for the annual ritual of the AGC, what dividends have we yielded from our usual banal communiqué?
How have we pushed to ensure we engaged the three arms of government to overhaul or at least improve on the status quo? Can we now blame some lawyers who are increasingly feeling disenchanted with the status quo and seek alternative platforms such as the Nigerian Law Society (NLS)? I think not. Colleagues, let us as lawyers and Judges wake up from our deep slumber of complicit silence and stop seeing law solely as a bread-and -butter profession. We must see law from the prism of Professor Dean Roscoe Pound-an instrument of social engineering. Anything short of this is not befitting of the legal profession. (Concluded).
THOUGHT FOR THE WEEK
“We cannot reform institutional racism or systemic policies if we are not actively engaged. It’s not enough to simply complain about injustice; the only way to prevent future injustice is to create the society we would like to see, one where we are all equal under the law”. (Al Sharpton).
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