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The Oracle: The Plateau State Legislators’ Debacle: Between Law and Justice

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By Mike Ozekhome

INTRODUCTION

Error is becoming a norm in Nigeria. It has become our tradition. We have become a country of oddities; a country of one error per minute! We have become unshockable. Sadly, we spend the bulk of our time discussing inanities that ordinarily should not be heard in any serious forum. When some of us speak out boldly about these issues, some bootlickers, fawners and ego masseurs who seek favours from government of the day accuse us of partisanship; or of attacking national leadership; or Justices of the Court. Last year, in Kano State, for example, we read about a certified True Copy of a judgment of the Court of Appeal, affirming a judgment and simultaneously overruling it at the same time. The said judgment not only created great uncertainty, it also cast aspersions on the Judiciary and the legal profession, which are expected to set professional standards for others to follow. The earlier we addressed, boldly, these unfortunate anomalies emanating from our courts, the better for the legal profession and the entire Judiciary. Those who know or follow my works as a constitutional lawyer, human rights activist and Pan- Nigerian very well know that I defend the Nigerian judiciary passionately with every fiber in me. This is because the judiciary is the only and last hope of the common man and woman. But we must be careful not to allow sentiments becloud our true sense of judgement and thus get consumed by the ricocheting consequences. Some persons insist we are still learning. I thought learning leads to improvement? Like late legendary proverbsmith, Bashorun M.K.O. Abiola once metaphorically and laconically asked, if it takes a man 20 years to learn madness, how many years will he require to practise it? The focus of this write-up concerns not only about the serious implications of the recent Supreme Court judgement in Mutfwang & Anor v. Nentawe & Ors; SC/CV/1179/2023, (unreported), delivered on 12th January, 2024, to the effect that the nomination and sponsorship of a candidate are pre-election matters which constitute internal affairs of political parties, but also how the judgement highlights the grave injustice done to about 22 Legislators of Plateau State whose victories were snatched by the Election Tribunals and the Court of Appeal and handed over on a platter of gold to the APC losers. This is one judgement, aside the cases of Sen. Hope Uzodinma & Anor v. Rt. Hon. Emeka Ihedioha & Ors (2020) JELR 86967 (SC) and APC V. Sherriff & Ors (2023) LPELR – 59953 (SC), that have sparked national debates and which will never melt away in a hurry.

The article seeks to know how the said Supreme Court judgment in respect of the gubernatorial election in Plateau State re-iterating that the nomination and sponsorship of a candidate for any election is a pre-election matter and an internal affair of a political party, impinged on the earlier judgements of the intermediate court nullifying victories of 22 PDP Legislators and handing them over to APC Legislators.

THE BACKGROUND

Recall that the Court of Appeal had held that the failure of the Peoples Democratic Party (PDP) to comply with the orders of the High Court of Plateau State, Jos, directing it to conduct valid ward, local government and state congress elections before nominating its candidate for the various elective posts in the state was an incurable fundamental flaw. Relying on this finding, the Election Tribunal, under a petition brought by the All Progressives Congress (APC) and its members sacked many lawmakers elected on the platform of the PDP. Under Section 246 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Court of Appeal is the final Court of last resort on appeals emanating from the decisions of Election Petition Tribunals in disputes arising from the conduct, outcome and legality of National Assembly and States House of Assembly elections. The implication of this is that no appeal can be filed before the Supreme Court after the Court of Appeal had decided on the matter. However, as noted by the apex court in the recent judgment involving Governor Caleb Mutfwang of Plateau State, both the tribunal and the Court of Appeal were in grave error when they entertained the matter and the appeal respectively, as they lacked the requisite jurisdiction in the first instance.

GROUNDS FOR REMOVING LEGISLATORS

Can disobedience to a court order (which in any case was not correct, as found by the apex court in the Mutfwang Governorship appeal), be a ground to remove a legislator in the face of the clear provisions of sections 106 and 109 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which respectively deal with qualification and disqualification for the office of members of the House of Representatives and Assembly? I think not. A long line of cases vindicates me. See for example, Onor & Anor v. INEC & Ors; SC/CV/1194/2023; (Unreported), delivered on 12th January, 2024. Thus, as found by the Supreme Court both in the Muftwang case and Onor & Anor v. INEC & Ors (Supra), disobedience to an earlier order made by a court (which was not even the case in the two matters) is not one of the qualifying or disqualifying factors of a Governor or Legislator. In the Onor & Anor v. INEC & Ors (Supra) which I handled, the apex court held that the punishment for a disobedient party is to take up contempt proceedings as provided for in the Sheriff and Civil Process Act, CAP 407; LFN 1990; not to use it to disqualify an elected person and take away his victory. Thus, brings us to the issue of jurisdiction.

WHAT IS JURISDICTION?

Jurisdiction is the authority of a court to proceed with the adjudication of a dispute. In Attorney General of Anambra State vs. Attorney General of the Federation (2005) FWLR (PT. 268) 1557, I.T Muhammad, JSC, held that: “Jurisdiction to a court of law is equated to blood in a living animal. Jurisdiction is the blood that gives life to the survival of an action in a Court of law, without which the action will be like an animal that has been drained of its blood. It will cease to have life and any attempt to resuscitate it without infusing blood into it would be an exercise in futility.”

APC’S GROUSE BEFORE THE PLATEAU STATE ELECTION TRIBUNAL

The grouse of the APC and its members before the Plateau State Election Tribunal and the Court of Appeal was premised on what they alleged to be invalid primaries conducted by the PDP. They had argued that the PDP had no structure in Plateau State (whatever that meant). But the trite position of the law now is that the issue of membership, nomination, submission of forms and sponsorship of candidates for elections are internal affairs of a political party as clearly provided for in Section 84(1) & (14) of the Electoral Act, 2022. Section 84(14) of the Electoral Act makes provisions before whom and where any issue emanating from the conduct of the primaries can be determined. It is an Aspirant that participated in the primaries that can complain to the Federal High Court. No other party has the vires to. Thus, section 84(14) of the Electoral Act, 2022, provides:
“Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.”

The appellate courts, in ringing tones, have upheld this trite position of the law in a plethora of cases: Enang v. Asuquo & Ors (2023) LPELR – 60042 (SC); Onubogu v. Anazonwu & Ors (2023) LPELR – 60288 (SC); Olabisi & Anor v. APC & Anor (2023) 59640 (CA); Odey v. APC & Ors (2023) LPELR – 59695 (CA); and Dickson v. LP & Ors (2023) LPELR – 60837 (CA). Indeed, the appellate courts have gone ahead to hold that a person or political party that attempts to peep through the fence to query the internal affairs of another political party wherein he /it was not a candidate in the primaries is nothing but a mere busy body and meddlesome interloper. See the cases of APC V. JEGA & Ors (2023) LPELR – 59866 (SC); Akpatason v. Adjoto & Ors (2019) LPELR – 48119 (SC); Daniel v. INEC & Ors (2015) LPELR – 24566 (SC); APGA & Ors V. APC & Anor (2023) LPELR – 59914 (CA); and PDP V. Edede & Anor (2022) LPELR-57480 (CA). Matters such as the Plateau Legislators cases where victories were snatched from the PDP winners and handed over to their opponents in the APC on a platter of gold were therefore carried out without the requisite jurisdiction of the Tribunals and the intermediate court. The Supreme Court said this much in the case of Mutfwang & Anor v. Nentawe & Ors (Supra).

CONSEQUENCES OF A COURT DETERMINING A MATTER WITHOUT JURISDICTION

It is trite law that any exercise carried out by a court of law without jurisdiction is a complete nullity. The tests for determining whether a court has the jurisdiction to adjudicate on a claim were laid down by the apex court in the causa celebre of Maduokolu vs. Nkemdilim (1962) 2 SCNLR 341. The apex court held in that case that a court is competent to adjudicate a claim when:
a. It is properly constituted concerning the number and qualification of its membership;
b. The subject matter of the action is within its jurisdiction;
c. The action is initiated by due process;
d. Any condition precedent to the exercise of its jurisdiction has been fulfilled.

ONLY A CO-ASPIRANT HAS THE LOCUS STANDI TO COMPLAIN

As clearly provided in Section 84(14) of the Electoral Act and Section 272 (3) of the 1999 Constitution, it is the Federal High Court and not an election tribunal that has the jurisdiction to adjudicate on pre-election issues and this must be carried out within 14 days. Also, it is only a co-aspirant in the primary being disputed that has the locus to challenge the conduct of the said primary; and not his opponent in another party. See the cases of Alahassan & Anor v. Ishaku & Ors (2016) LPELR – 40083 (SC); Otegbeye & Anor v. APC & Anor (2023) LPELR – 60030 (CA); Labour Party v. INEC & Ors (2023) LPELR – 60548 (CA); YPP V. APGA & Ors (2023) LPELR-59799 (CA); and Usman v. APC & Ors (2020) LPELR – 50308 (CA). Delivering his own judgement in the Mutfwang appeal (it was unanimous), Justice Emmanuel Agim held that the APC and its candidate who had challenged Mutfwang’s election were not members of the PDP and so could not competently challenge the primary elections held by the PDP. He also held that the tribunal and Court of Appeal lacked jurisdiction to have entertained the matter in the first place. He lectured further:
“The petition by the APC and its candidates is an abuse of the court process. I wonder why the matter came to court at all. This appeal is allowed. The legal profession should wake up or render itself irrelevant. The judgment of the Court of Appeal is set aside. My only worry is that a lot of people have suffered as a result of the Court of Appeal’s decision. It was absolutely wrong. The appeal is allowed.”

CHALLENGE TO PRIMARY ELECTION IS A PRE-ELECTION MATTER

Section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, particularly (a), (b) and (c), delineates the circumstances which come under pre-election matters and; which can be challenged within the electoral framework. It encompasses an Aspirant’s grievance regarding non-compliance with the Electoral Act; or National Assembly regulations during political party primaries; disputes by Aspirants concerning their participation; and compliance issues with the Independent National Electoral Commission (INEC). It also includes legal actions by political parties challenging INEC’s decisions, including disqualification of candidates; and complaints related to non-compliance with electoral laws in selection or nomination of candidates; election timetable; voter registration; and other preparatory activities for an election. See the cases of Anyakorah v. PDP & Ors (2022) LPELR-56876 (SC); APM V. INEC & Ors (2021) LPELR – 58375 (SC); Akpamgbo-Okadigbo & Ors v. Chidi & Ors (2015) LPELR – 24564 (SC); Salim v. CPC & Ors (2013) LPELR – 19928 (SC); Akinremi & Anor v. Suleiman & Ors (2022) LPELR – 56903 (CA); and APC V. Suleiman & Ors (2023) LPELR – 59911 (CA).

COURT OF APPEAL AS FINAL COURT ON LEGISLATORS’ MATTERS

It appears that the Court of Appeal being the Court of last resort in respect of all appeals from the decisions of election petition tribunals in disputes arising from the conduct, outcome and legality of National Assembly and States House of Assembly elections becomes functus officio once it delivers its judgement and cannot reopen a matter it has pronounced upon with finality. In other words, a judgment once delivered by the intermediate court on National and State Houses of Assembly matters cannot be varied where it correctly represents what the Court decided. Nor shall the operative or substantive part of such judgement be varied or substituted. See the cases of Oyetibo & Anor v. Oyinloye (1987) LPELR-2883(SC) at 11-13. Dingyadi & Anor v. INEC & Ors (2011) LPELR 950 (SC); Udende v. Suswam & Ors (2023) LPELR-61304 (CA); and Owoo & Ors v. Edet & Anor (2013) LPELR – 22042 (CA).

THE COURT OF APPEAL’S RECENT DISMISSAL OF THE APPLICATION FOR A REVIEW INSTITUTED BY THE SACKED PDP PLATEAU LAWMAKERS

The sacked Plateau Legislators in an attempt to reclaim their lost positions in the light of the Supreme Court’s judgement in the Caleb Mutfwang case and it’s obiter pronouncement on the legislators’ injustice, filed a fresh application before the same Court of Appeal that had dismissed their appeal from the Plateau State Election Tribunal, requesting a review of the said judgement that sacked them. The appellate court however, as expected, on 28th February, 2024, dismissed the suit, describing it as a waste of judicial time, frivolous and lacking in merit. It further slammed a fine of N128 Million Naira (N8 Million per Applicant) on the already beleaguered Applicants.

BUT CAN A COURT THAT ACTS WITHOUT JURISDICTION IN THE FIRST PLACE NOT VARY ITS OWN JUDGEMENT DELIVERED WITHOUT SUCH JURISDICTION BY WAY OF A REVIEW?

The apex court had observed (on the Plateau Legislators’ case, albeit obiter), while delivering the judgment in the Governor Caleb Mutfwang appeal, that the lower tribunal and Court of Appeal erred as they acted without jurisdiction to have entertained the petitions sacking the lawmakers from the PDP over a matter bothering on internal affairs of their party. Couldn’t this issue of lack of jurisdiction as observed by the apex court have been further explored and subjected to the jurisdiction of the same Court of Appeal that delivered the judgement by way of review? Were the legislators wrong to have asked for a review? Let us have some guidance from earlier decisions of the Appellate courts. In Iteogu v. LPDC (2018) LPELR-43845(SC) 18-26, the Applicant had asked the apex court to revisit its decision concerning him which had been decided by the apex court in 2009. This application for revisitation stemmed from the fact that on the 12th July, 2013 and the 13th May, 2014, respectively, the Supreme Court had held in the cases of Aladejobi v. NBA (2013) 15 NWLR (Pt. 1376) 66, and Rotimi Williams Akintokun v. Legal Practitioners’ Disciplinary Committee that it had no jurisdiction to entertain an appeal directly from the LPDC. The Applicant’s posture in his case was that in those cases, the apex court had held that it lacked the jurisdiction to entertain appeals directly from the LPDC. He had therefore urged that there was the need to revisit his own case and declare that the decision or judgment of the apex court delivered in 2009 pertaining to him was given without vires and so set it aside and have his status restored as a legal practitioner. The apex court, per Justice Mary Ukaego Peter-Odili, JSC, while dismissing the application for review, held at pages 18 -26, inter alia, that aside the exception of the “slip rule”, the Supreme Court may only depart from its earlier decision in subsequent cases and thereby overrule itself. She emphasized that this:
“does not however mean that the previous decisions in those earlier cases differently decided would be given a new lease of life on account of this new development. The reason for this is self-evident as Oputa JSC stated in Adegoke Motors Ltd v Adesanya & Anor. (1989) 5 SCN113: (1989) 3 NWLR (Pt. 109) 250 at 274 thus:”We are final not because we are infallible, rather we are infallible because we are final.” …In other words, the Supreme Court enjoys the finality of its decisions. Except for clerical mistakes, accidental slips, or omissions, it seldom re-visits its decisions by way of review, variation or setting aside. Once the Supreme Court has entered judgment in a case, that decision is final and will remain so forever. The law may in the future be amended to affect future matters on the same subject, but for cases decided, that is the end of the matter.” (Emphasis supplied) See also Anyagham v. FBN PLC (2021) LPELR – 55905 (CA); Emezie & Ors v. Linus & Anor (2016) LPELR – 40514 (CA); and Onuh & Anor v. Ogbe (2019) LPELR-48361 (CA).

THE PLATEAU LEGISLATORS’ FIASCO

In the light of the above judgment of the Supreme Court, was there no remedy for those legislators who were wrongly sacked by the Court of Appeal? It is important to note that 22 PDP members in both chambers of the Nation’s and Plateau State Legislature were sacked by the Election Tribunals and the Court of Appeal, a development that left tongues wagging and ruckus generated across Nigeria. The legislators affected included two Senators – Simon Mwadkwon and Napoleon Bali; four members of the House of Representatives – Dachung Bagos, Beni Lar, Isaac Kwalu, and Peter Gyendeng Ibrahim; and 16 members of the Plateau State House of Assembly. They were all in PDP. Their constituents overwhelmingly voted for them. But the tribunal, supported by the Court of Appeal, felt otherwise. They took away the legislators’ victories and donated same on a platter of gold to the APC legislators who were roundedly trounced at the polls. The Plateau State people’s votes were rightly counted but the courts refused to make the votes count. This is what I have termed “Judocracy” in my OZEKPEDIA neologism, “as a genre of government practised only in Nigeria, where Presidents, Governors, Legislators and LG Chairmen are thrown up as having ‘won’ in an election. Their victory is immediately challenged. They get enmeshed in these legal calisthenics for the next 2 to 3 years of their corruption-ridden governance. Then, suddenly, they are conceived, incubated and delivered in the hallowed Chambers and precincts of our law courts, rather than through the ballot box. The will of the people is thereby subsumed in the decision and judgement of courts of law, the non-representatives of the people”. (https://www.youtube.com/watch?v=Yg8ByKVWWj)

SHOULD THIS PLATEAU STATE LEGISLATORS’ DEBACLE HAVE BEEN ALLOWED TO THRIVE UNREMEDIED?

Our case laws are decided based on precedents. Precedent is retrospective and ensures that a given posture is maintained even at the risk that harm may be caused by it.

The apex court in the Mutfwang’s case noted (albeit, by way of obiter), that the Court of Appeal was wrong when it sacked those legislators lawfully elected under the platform of the PDP, as it lacked jurisdiction to do so. However, precedent is saying, “Yes, we admit that there was an error. Nothing can be done about it.” I humbly disagree with this perpetuation of injustice under the thin guise of “my hands are tied”, or “that nothing can be done about it”. Surely, something can be done about it. I agree with Emmanuel Agim, JSC, when he noted in his judgement that, “it is high time the legal profession woke up before it became irrelevant.”

This admonition is in tandem with the admonition of venerable Justice Chukwudifu Oputa (JSC), in Adegoke Motors Ltd v. Adesanya & Anor (1989) 3 NWLR (Pt. 109) 250 at 274, 275, to the effect that “When therefore it appears to learned counsel that any decision of this court has been given per incuriam, such counsel should have the boldness and courage to ask that such decision be overruled.”

I also find solace in the complimentary and immortal words of Lord Denning in PARKER V. PARKER (1954) 2 All ER 22, where he illuminated thus:
“What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still while the rest of the world goes on, and that will be bad for both”.

Afterall, law is but a mere handmaid to deliver justice, which is why “ubi jus ibi remedium” (Bello v. AG Oyo State (1986) 5 NWLR 820).

Going by this, I humbly submit that when it comes to the critical issue of the court deciding a case in which it lacked jurisdiction in the first instance, then certainly, such a court has jurisdiction to revisit the said judgement and review it under certain laid down conditions. This is not a blanket or open-ended cheque for exhumation of buried cases. No.

A COURT CAN REVIEW ITS JUDGMENT

Thus, by reason of a long line of decided cases by the Supreme Court itself, a court has the constitutional power to enforce, review or set aside its own judgements under special circumstances as provided for by law. This is not tantamount to the court sitting on appeal over its own judgements. In Stanbic IBTC Bank Plc v. L.G. C. Ltd (2020) 2 NWLR (Pt. 1707), pp. 17-18, paras. D-C, the Supreme Court, per Abba Aji, JSC, held that the court has the power and leeway to set aside its own judgement and rehear a case, inter alia, under the following circumstances: “…where any of the other parties obtained judgement by fraud or deceit…. When judgement was given without jurisdiction…”

WHY THE PLATEAU STATE LEGISLATORS’ JUDGEMENT OUGHT TO HAVE BEEN REVIEWED BY THE COURT OF APPEAL

Surely, the judgement in the Plateau Legislators’ matter was dubiously obtained as there was no disobedience to any court order at all as rightly found by the Supreme Court in the sister Mutfwang case. All the cases had emanated from the same facts and circumstances. Secondly, both the Election Tribunal and the Court of Appeal lacked the requisite jurisdiction to have entertained the Legislators’ case the way they did in the first instance.

The reason or rationale behind this position in the above Stanbic IBTC case was graphically painted by Oputa, JSC, in Adegoke Motors Ltd v. Adesanya & Anor (1989) 3 NWLR (Pt. 109) 250 at 274, 275, inter alia, thus: “We are final not because we are infallible, rather we are infallible because we are final. Justices of this court are human beings, capable of erring. It will certainly be shortsighted arrogance not to accept this obvious truth. It is true that this court can do inestimable good through its wise decisions, similarly, the court can do incalculable harm through its mistakes.

When therefore it appears to learned counsel that any decision of this court has been given per incuriam, such counsel should have the boldness and courage to ask that such decision be overruled. This court has the power to overrule itself (and had done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error.” (Emphasis supplied).

Thus, where a judgment of a court was obtained without jurisdiction; or is tainted with illegality; or was obtained by fraud, the court surely has the vires, constitutional power and jurisdiction to revisit such judgement, even if time had since elapsed. This is because time cannot and does not run against illegality or fraud. A party cannot be allowed to benefit, or continue to benefit from the product of its own illegality and void conduct. This position was emphasized by the Supreme Court in Nwosu v. APP & Ors (2020) 16 NWLR (PT 1749) 28, where it held thus, through many of its justices as follows: Per Eko, JSC: “No person is allowed to benefit from illegality as illegality confers no right”

Per Peter-Odili, JSC: “It is difficult in the light of the damming facts well pushed in this appeal wherein illegality was enthroned to be surveyed into endorsing of such acts and to allow the perpetrator of such profane acts to derive or profit from his own wrong”.

Per Amina Augie, JSC: “The court cannot close its eyes to it (illegality) and allow itself to be used as a tool to perpetuate illegality, in whatever form or guise”

See also the cases of GTB V. Innoson (Nig.) Ltd (2022) LPELR-56657 (SC); Enterprise Bank Ltd v. Aroso & Ors (2015) LPELR – 24720 (SC); Oladosu & Anor v. Olaojoyetan & Anor (2012) LPELR – 8676 (CA) and Eco Bank v. Teak Naturale Investment Ltd & Ors (2017) LPELR – 42389 (CA).

The Court of Appeal which was approached by the grieving PDP Legislators sure had the power and jurisdiction to have calmly looked at and reviewed its judgements which have since been irretrievably punctured by the Nigerian people and the apex court itself (albeit, obiter). It should have meticulously reviewed its earlier judgements, all of which were delivered without following judicial precedents as laid down by the Supreme Court on the very issues dealt with in those appeals. Law is about justice. Being Siamese twins, one without the other is an orphan. The Plateau Legislators’ cases hallmarked a dangerous precedent where neither the law nor justice was followed or attained. The Court of Appeal ought to have seized the opportunity of the fresh application to correct itself. If for nothing else, at least for the sake of posterity, justice, fairplay, equity and good conscience.

I so humbly submit.

PROF MIKE OZEKHOME is a holder of  SAN, CON, OFR, FCIArb, LL.M, Ph.D, LL.D, D.Litt, D.SC

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Opinion

Reimagining the African Leadership Paradigm: A Comprehensive Blueprint

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By Tolulope A. Adegoke, PhD

“To lead Africa forward is to move from transactional authority to transformational stewardship—where institutions outlive individuals, data informs vision, and service is the only valid currency of governance” – Tolulope A. Adegoke, PhD

The narrative of African leadership in the 21st century stands at a critical intersection of profound potential and persistent paradox. The continent, pulsating with the world’s youngest demographic and endowed with immense natural wealth, nonetheless contends with systemic challenges that stifle its ascent. This divergence between capacity and outcome signals not merely a failure of policy, but a deeper crisis of leadership philosophy and practice. As the global order undergoes seismic shifts, the imperative for African nations to fundamentally re-strategize their approach to governance has transitioned from an intellectual exercise to an existential necessity. Nigeria, by virtue of its demographic heft, economic scale, and cultural influence, serves as the continent’s most significant crucible for this transformation. The journey of Nigerian leadership from its current state to its potential apex offers a blueprint not only for its own 200 million citizens but for an entire continent in search of a new compass.

Deconstructing the Legacy Model: A Diagnosis of Systemic Failure

To construct a resilient future, we must first undertake an unflinching diagnosis of the present. The prevailing leadership archetype across much of Africa, with clear manifestations in Nigeria’s political economy, is built upon a foundation that has proven tragically unfit for purpose. This model is characterized by several interlocking dysfunctions:

·         The Primacy of Transactional Politics Over Transformational Vision: Governance has too often been reduced to a complex system of transactions—votes exchanged for short-term patronage, positions awarded for loyalty over competence, and resource allocation serving political expediency rather than national strategy. This erodes public trust and makes long-term, cohesive planning impossible.

·         The Tyranny of the Short-Term Electoral Cycle: Leadership decisions are frequently held hostage to the next election, sacrificing strategic investments in education, infrastructure, and industrialization on the altar of immediate, visible—yet fleeting—gains. This creates a perpetual cycle of reactive governance, preventing the execution of decade-spanning national projects.

·         Administrative Silos and Bureaucratic Inertia: Government ministries and agencies often operate as isolated fiefdoms, with limited inter-departmental collaboration. This siloed approach fragments policy implementation, leads to contradictory initiatives, and renders the state apparatus inefficient and unresponsive to complex, cross-sectoral challenges like climate change, public health, and national security.

·         The Demographic Disconnect: Africa’s most potent asset is its youth. Yet, a vast governance gap separates a dynamic, digitally-native, and globally-aware generation from political structures that remain opaque, paternalistic, and slow to adapt. This disconnect fuels alienation, brain drain, and social unrest.

·         The Weakness of Institutions and the Cult of Personality: When the strength of a state is vested in individuals rather than institutions, it creates systemic vulnerability. Independent judiciaries, professional civil services, and credible electoral commissions are weakened, leading to arbitrariness in the application of law, erosion of meritocracy, and a deep-seated crisis of public confidence.

The tangible outcomes of this flawed model are the headlines that define the continent’s challenges: infrastructure deficits that strangle commerce, public education and healthcare systems in states of distress, jobless economic growth, multifaceted security threats, and the chronic hemorrhage of human capital. To re-strategize leadership is to directly address these outputs by redesigning the very system that produces them.

Pillars of a Reformed Leadership Architecture: A Holistic Framework

The new leadership paradigm must be constructed not as a minor adjustment, but as a holistic architectural endeavor. It requires foundational pillars that are interdependent, mutually reinforcing, and built to endure beyond political transitions.

1. The Philosophical Core: Embracing Servant-Leadership and Ethical Stewardship
The most profound change must be internal—a recalibration of the leader’s fundamental purpose. The concept of the leader as a benevolent “strongman” must give way to the model of the servant-leader. This philosophy, rooted in both timeless African communal values (ubuntu) and modern ethical governance, posits that the true leader exists to serve the people, not vice versa. It is characterized by deep empathy, radical accountability, active listening, and a commitment to empowering others. Success is measured not by the leader’s personal accumulation of power or wealth, but by the tangible flourishing, security, and expanded opportunities of the citizenry. This ethos fosters trust, the essential currency of effective governance.

2. Strategic Foresight and Evidence-Based Governance
Leadership must be an exercise in building the future, not just administering the present. This requires the collaborative development of a clear, compelling, and inclusive national vision—a strategic narrative that aligns the energies of government, private sector, and civil society. For Nigeria, frameworks like Nigeria’s Agenda 2050 and the National Development Plan must be de-politicized and treated as binding national covenants. Furthermore, in the age of big data, governance must transition from intuition-driven to evidence-based. This necessitates significant investment in data collection, analytics, and policy-informing research. Whether designing social safety nets, deploying security resources, or planning agricultural subsidies, decisions must be illuminated by rigorous data, ensuring efficiency, transparency, and measurable impact.

3. Institutional Fortification: Building the Enduring Pillars of State
A nation’s longevity and stability are directly proportional to the strength and independence of its institutions. Re-strategizing leadership demands an unwavering commitment to institutional architecture:

·         An Impervious Judiciary: The rule of law must be absolute, with a judicial system insulated from political and financial influence, guaranteeing justice for the powerful and the marginalized alike.

·         Electoral Integrity as Sacred Trust: Democratic legitimacy springs from credible elections. Investing in independent electoral commissions, transparent technology, and robust legal frameworks is non-negotiable for political stability.

·         A Re-professionalized Civil Service: The bureaucracy must be transformed into a merit-driven, technologically adept, and well-remunerated engine of state, shielded from the spoils system and empowered to implement policy effectively.

·         Robust, Transparent Accountability Ecosystems: Anti-corruption agencies require genuine operational independence, adequate funding, and protection. Complementing this, transparent public procurement platforms and mandatory asset declarations for public officials must become normalized practice.

4. Collaborative and Distributed Leadership: The Power of the Collective
The monolithic state cannot solve wicked problems alone. The modern leader must be a convener-in-chief, architecting platforms for sustained collaboration. This involves actively fostering a triple-helix partnership:

·         The Public Sector sets the vision, regulates, and provides enabling infrastructure.

·         The Private Sector drives investment, innovation, scale, and job creation.

·         Academia and Civil Society contribute research, grassroots intelligence, independent oversight, and specialized implementation capacity.
This model distributes responsibility, leverages diverse expertise, and fosters innovative solutions—from public-private partnerships in infrastructure to tech-driven civic engagement platforms.

5. Human Capital Supremacy: The Ultimate Strategic Investment
A nation’s most valuable asset walks on two feet. Re-strategized leadership places a supreme, non-negotiable priority on developing human potential. For Nigeria and Africa, this demands a generational project:

·         Revolutionizing Education: Curricula must be overhauled to foster critical thinking, digital literacy, STEM proficiency, and entrepreneurial mindset—skills for the Fourth Industrial Revolution. Investment in teacher training and educational infrastructure is paramount.

·         Building a Preventive, Resilient Health System: Focus must shift from curative care in central hospitals to robust, accessible primary healthcare. A healthy population is a productive population, forming the basis of economic resilience.

·         Creating an Enabling Environment for Talent: Beyond education and health, leadership must provide the ecosystem where talent can thrive: reliable electricity, ubiquitous broadband, access to venture capital, and a regulatory environment that encourages innovation and protects intellectual property. The goal is to make the domestic environment more attractive than the diaspora for the continent’s best minds.

6. Assertive, Strategic Engagement in Global Affairs
African leadership must shed any vestiges of a supplicant mentality and adopt a posture of strategic agency. This means actively shaping continental and global agendas:

·         Leveraging the AfCFTA: Moving beyond signing agreements to actively dismantling non-tariff barriers, harmonizing standards, and investing in cross-border infrastructure to turn the agreement into a real engine of intra-African trade and industrialization.

·         Diplomacy for Value Creation: Foreign policy should be strategically deployed to attract sustainable foreign direct investment, secure technology transfer agreements, and build partnerships based on mutual benefit, not aid dependency.

·         Advocacy for Structural Reform: African leaders must collectively and persistently advocate for reforms in global financial institutions and multilateral forums to ensure a more equitable international system.

The Nigerian Imperative: From National Challenges to a National Charter

Applying this framework to Nigeria requires translating universal principles into specific, context-driven actions:

·         Integrated Security as a Foundational Priority: Security strategy must be comprehensive, blending advanced intelligence capabilities, professionalized security forces, with parallel investments in community policing, youth employment programs in high-risk areas, and accelerated development to address the root causes of instability.

·         A Determined Pursuit of Economic Complexity: Leadership must orchestrate a decisive shift from rent-seeking in the oil sector to value creation across diversified sectors: commercialized agriculture, light and advanced manufacturing, a thriving creative industry, and a dominant digital services sector.

·         Constitutional and Governance Re-engineering: To harness its diversity, Nigeria requires a sincere national conversation on restructuring. This likely entails moving towards a more authentic federalism with greater fiscal autonomy for states, devolution of powers, and mechanisms that ensure equitable resource distribution and inclusive political representation.

·         Pioneering a Just Energy Transition: Nigeria must craft a unique energy pathway—strategically utilizing its gas resources for domestic industrialization and power generation, while simultaneously positioning itself as a regional hub for renewable energy technology, investment, and innovation.

Conclusion: A Collective Endeavor of Audacious Hope

Re-strategizing leadership in Africa and in Nigeria is not an event, but a generational process. It is not the abandonment of culture but its evolution—melding the deep African traditions of community, consensus, and elder wisdom with the modern imperatives of transparency, innovation, and individual rights. This task extends far beyond the political class. It is a summons to a new generation of leaders in every sphere: the tech entrepreneur in Yaba, the reform-minded civil servant in Abuja, the agri-preneur in Kebbi, the investigative journalist in Lagos, and the community activist in the Niger Delta.

Ultimately, this is an endeavor of audacious hope. It is the conscious choice to build systems stronger than individuals, institutions more enduring than terms of office, and a national identity richer than our ethnic sum. Nigeria possesses all the requisite raw materials for greatness: human brilliance, cultural richness, and natural bounty. The final, indispensable ingredient is a leadership strategy worthy of its people. The blueprint is now detailed; the call to action is urgent. The future awaits not our complaints, but our constructive and courageous labor. Let the work begin in earnest.

Dr. Tolulope A. Adegoke is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His work addresses complex institutional challenges, with a specialized focus on West African security dynamics, conflict resolution, and sustainable development.

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Opinion

Rivers State: Two Monkeys Burn the Village to Prove They Are Loyal to Jagaban

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By Sly Edaghese

Teaser

Rivers State is not collapsing by accident. It is being offered as a sacrifice. Two men, driven by fear of irrelevance and hunger for protection, have chosen spectacle over stewardship—setting fire to a whole people’s future just to prove who kneels better before power.

There comes a point when a political tragedy degenerates into farce, and the farce mutates into a curse. Rivers State has crossed that point. What is unfolding there is not governance, not even conflict—it is ritual madness, a grotesque contest in which two men are willing to burn an entire state just to be noticed by one man sitting far away in Abuja.

This is not ambition.

This is desperation wearing designer jacket.

At the center of this inferno stand two performers who have mistaken power for immortality and loyalty for slavery. One is a former god. The other is a former servant. Both are now reduced to naked dancers in a marketplace, grinding their teeth and tearing flesh to entertain Jagaban.

The first is Nyesom Wike—once feared, once untouchable, now frantic. A man whose political identity has collapsed into noise, threats, and recycled bravado. His ministerial appointment was never a validation of statesmanship; it was a severance package for betrayal. Tinubu did not elevate Wike because he admired him—he tolerated him because he was useful. And usefulness, in politics, is key, but it has an expiry date.

Wike governed Rivers State not as a public trust but as a private estate. He did not build institutions; he built dependencies. He did not groom leaders; he bred loyalists. Before leaving office, he salted the land with his men—lawmakers, commissioners, council chairmen—so that even in absence, Rivers State would still answer to his shadow. His obsession was simple and sick: if I cannot rule it, no one else must.

Enter Siminalayi Fubara—a man selected, not tested; installed, not trusted by the people but trusted by his maker. Fubara was meant to be an invisible power in a visible office—a breathing signature, a ceremonial governor whose only real duty was obedience.

But power has a way of awakening even the most timid occupant.

Fubara wanted to act like a governor. That single desire triggered a full-scale political assassination attempt—not with bullets, but with institutions twisted into weapons. A state of emergency was declared with obscene haste. The governor was suspended like a naughty schoolboy. His budget was butchered. His local government elections were annulled and replaced with a pre-arranged outcome favorable to his tormentor. Lawmakers who defected and lost their seats by constitutional law were resurrected like political zombies and crowned legitimate.

This was not law.

This was organized humiliation.

And when degradation alone failed, Wike went further—dragging Fubara into a room to sign an agreement that belonged more to a slave plantation than a democratic republic.

One clause alone exposed the rot:
👉 Fubara must never seek a second term.

In plain language: you may warm the chair, but you will never own it.

Then came the most revealing act of all—Wike leaked the agreement himself. A man so intoxicated by dominance that he thought publicizing oppression would strengthen his grip.

That leak was not strategy; it was confession. It told Nigerians that this was never about peace, order, or party discipline—it was about absolute control over another human being.

But history has a cruel sense of humor.

While Wike strutted like a victorious warlord and his loyal lawmakers sharpened new knives, Fubara did something dangerous: he adapted. He studied power where it truly resides. He learned Tinubu’s language—the language of survival, alignment, and betrayal without apology. Then he did what Nigerian politics rewards most:

He crossed over.

Not quietly. Not shamefully. But theatrically. He defected to the APC, raised a party card numbered 001 and crowned himself leader of the party in Rivers State. He pledged to deliver the same Rivers people to Tinubu just as Wike also has pledged.

That moment was not boldness.

It was cold-blooded realism.

And in one stroke, Wike’s myth collapsed.

The once-feared enforcer became a shouting relic—touring local governments like a prophet nobody believes anymore, issuing warnings that land on deaf ears, reminding Nigerians of favors that no longer matter. He threatened APC officials, cursed betrayal, and swore eternal vengeance. But vengeance without access is just noise.

Today, the humiliation is complete.

Fubara enters rooms Wike waits outside.

Presidential aides shake hands with the new alignment.

The old king rants in press conferences, sounding increasingly like a man arguing with a locked door.

And yet, the darkest truth remains: neither of these men cares about Rivers State.

One is fighting to remain relevant.

The other is fighting to remain protected.

The people—the markets, the schools, the roads, the civil servants—are expendable extras in a drama scripted far above their heads.

Some say Tinubu designed this blood sport—unable to discard Wike outright, he simply unleashed his creation against him. Whether genius or negligence, the effect is the same: Rivers State is being eaten alive by ambition.

This is what happens when politics loses shame.

This is what happens when loyalty replaces competence.

This is what happens when leaders treat states like bargaining chips and citizens like ashes.

Two monkeys are burning the village—not to save it, not to rule it—but to prove who can scream loudest while it burns.

And Jagaban watches, hands folded.

But when the fire dies down, when the music stops, when the applause fades, there will be nothing left to govern—only ruins, regret, and two exhausted dancers staring at the ashes, finally realizing that power does not clap forever.

Sly Edaghese sent in this piece from Wisconsin, USA.

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Opinion

What Will Be the End of Wike?

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By Pelumi Olajengbesi Esq.

Every student of politics should now be interested in what will be the end of Wike. Wike is one of those names that mean different things to different people within Nigeria’s political culture. To his admirers, he is courage and capacity, to his critics, he is disruption and excess, and to neutral observers like me, he is simply a fascinating case study in the mechanics of power.

In many ways, he was instrumental to the emergence of President Tinubu, and he has long sat like a lord over the politics of Rivers, having pushed aside nearly every person who once mattered in that space. He waged war against his party, the PDP, and drove it to the edge. Wike waged war against his successor and reduced him to submission. He fights anyone who stands in his way.

He is powerful, loved by many, and deeply irritating to many others. Yet for all his strength, one suspects that Wike does not enjoy peace of mind, because before he is done with one fight, another fight is already forming. From Rivers to Ibadan, Abuja to Imo, and across the country, he is the only right man in his own way. He is constantly in motion, constantly in battle, and constantly singing “agreement is agreement,” while forgetting that politics is merely negotiation and renegotiation.

To his credit, Wike may often be the smartest political planner in every room. He reads everybody’s next move and still creates a countermove. In that self image, Governor Fubara was meant to remain on a leash, manageable through pressure, inducement, and the suggestion that any disobedience would be framed as betrayal of the President and the new federal order.

But politics has a way of punishing anyone who believes control is permanent. The moment Fubara joined the APC, the battlefield shifted, and old tricks began to lose their edge. Whether by real alignment, perceived alignment, or even the mere possibility of a different alignment, once Fubara was no longer boxed into the corner Wike designed for him, Wike’s entire method required review. The fight may remain, but the terrain has changed. When terrain changes, power must either adapt or harden into miscalculation.

It is within this context that the gradually brewing crisis deserves careful attention, because what is emerging is not merely another loud exchange, but a visible clash with vital stakeholders within the Tinubu government and the wider ruling party environment. There is now a fixed showdown with the APC National Secretary, a man who is himself not allergic to confrontation, and who understands that a fight, if properly timed, can yield political advantage, institutional relevance, and bargaining power. When such a figure publicly demands that Nyesom Wike should resign as a minister in Tinubu’s cabinet, it is not a joke, It is about who is permitted to exercise influence, in what space, and on what terms. It is also about the anxiety that follows every coalition built on convenience rather than shared identity, because convenience has no constitution and gratitude is not a structure.

Wike embodies that anxiety in its most dramatic form. He is a man inside government, but not fully inside the party that controls government. He is a man whose usefulness to a winning project is undeniable, yet whose political style constantly reminds the winners that he is not naturally theirs. In every ruling party, there is a crucial difference between allies and stakeholders. Allies help you win, and stakeholders own the structure that decides who gets what after victory. Wike’s problem is that he has operated like both. His support for Tinubu, and his capacity to complicate the opposition’s arithmetic, gave him relevance at the centre. That relevance always tempts a man to behave like a co-owner.

Wike has built his political life on the logic of territorial command. He defines the space, polices the gate, punishes disloyalty, rewards submission, and keeps opponents permanently uncertain. That method is brutally effective when a man truly owns and controls the structure, because it produces fear, and fear produces compliance. This is why Wike insists on controlling the Rivers equation, even when that insistence conflicts with the preferences of the national centre.

The APC leadership is not reacting only to words. It is reacting to what the words represent. When a minister speaks as though a state chapter of the ruling party should be treated like a guest in that state’s politics, the party reads it as an attempt to subordinate its internal structure to an external will. Even where the party has tolerated Wike because of what he helped deliver, it cannot tolerate a situation where its own officials begin to look over their shoulders for permission from a man who is not formally one of them. Once a party believes its chain of command is being bypassed, it will choose institutional survival over interpersonal loyalty every time.

Wike’s predicament is the classic risk of power without full institutional belonging. Informal influence can be louder than formal power, but it is also more fragile because it depends on continuous tolerance from those who control formal instruments. These instruments include party hierarchy, candidate selection, and the legitimacy that comes with membership.

An outsider ally can be celebrated while he is useful, but the coalition that celebrates him can begin to step away the moment his methods create more cost than value. The cost is not only electoral, it can also be organisational. A ruling party approaching the next political cycle becomes sensitive to discipline, structure, and coherence. If the leadership suspects that one person’s shadow is creating factions, confusing loyalties, or humiliating party officials, it will attempt to cut that shadow down. It may not do so because it hates the person, but because it fears the disorder and the precedent.

So the question returns with greater urgency, what will be the end of Wike? If it comes, it may not come with fireworks. Strongmen often do not fall through one decisive attack. They are slowly redesigned out of relevance. The end can look like isolation, with quiet withdrawal of access, gradual loss of influence over appointments, and the emergence of new centres of power within the same territory he once treated as private estate. It can look like neutralisation, with Wike remaining in office, but watching the political value of the office drain because the presidency and the party no longer need his battles. It can look like forced realignment, with him compelled to fully submit to the ruling party structure, sacrificing the freedom of being an independent ally, or losing the cover that federal power provides.

Yet it is also possible that his story does not end in collapse, because Wike is not a novice. The same instinct that made him influential can also help him survive if he adapts. But adaptation would require a difficult shift. It would require a move from territorial warfare to coalition management. It would require a move from ruling by fear to ruling by accommodation. It would require a move from being merely feared to being structurally useful without becoming structurally threatening. Wike may be running out of time.

Pelumi Olajengbesi is a Legal Practitioner and Senior Partner at Law Corridor

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