Opinion

Yahaya Bello: Victim or Aggressor?

Published

2 years ago

May 4, 2024

Eric

By Prof Mike Ozekhome SAN

INTRODUCTION

The nation has been agog with news of the ongoing face-off between the EFCC and the immediate past Governor of Kogi State, Alhaji Yahaya Bello and the others over the (EFCC)’s attempt to arrest Bello in connection with alleged official corruption involving the sum of 80.2 billion naira which he allegedly misappropriated while in office for eight years as Kogi State Governor.

Accusations and counter-accusations have raged back and forth between both camps (with not a few officious by-standers proffering gratuitous, ill-informed advice in the guise of opinions). As usual, the truth is always the first casualty. In this case, it is worsened by the fact that the matter is the subject of on-going litigation before at least two different courts: a High Court in the former Governor’s home State of Kogi and the Federal High Court in Abuja. The situation has been compounded by the order of injunction granted by a Kogi State High Court restraining the Commission from arresting or attempting to arrest the former Governor. The alleged breach of the order so irked the judge who issued it that he apparently had no option but to cite the EFCC boss for contempt. That order has been stayed by the Court of Appeal. Because these proceedings are ongoing, no more will be said on them.

Let me stress here that I am neither on the side of Yahaya Bello, nor that of the EFCC, or the Government of Kogi State whose funds are allegedly at the heart of the dispute. I will not cry more than the bereaved. My intervention here is limited to the legal ramifications and propriety of the steps taken so far by both sides of the divide.

BACKGROUND

Before Bello’s Abuja house was raided in a gestapo-like manner on April 17, 2024, Bello had, believing that his fundamental human rights were being threatened, approached a Kogi State High Court seeking an interim restraining order against the EFCC (Commission) pending the determination of a substantive suit before the court.
Justice Isa Abdullahi (presiding), who was satisfied with the grounds upon which the relief was sought, on February 9, 2024, gave an interim restraining order against the EFCC from taking any action against Bello, pending the determination of the substantive matter.

The Commission, dissatisfied, approached the Court of Appeal, Abuja, on March 11, 2024, requesting the appellate court to set aside the interim restraining order. It argued that the lower court lacked the requisite jurisdiction to assist Bello escape his deserved justice. It also argued that Bello could not stop the Commission from carrying out its statutory duties, nor use the lower court to escape its invitation, investigation and possible prosecution as the court’s order directed.

The Appeal Court adjourned hearing to April 22, 2024, while refusing to hear EFCC’s application for a stay of the order of interim injunction. In further affirming its earlier interim orders, the Kogi State High Court on April 17, 2024, delivered judgment in the substantive suit and directed the Commission to first seek the leave of the Court of Appeal before taking further steps against Bello. It granted some injunctive reliefs against the Commission “from continuing to harass, threaten to arrest or detain Bello”. The court directed the Commission to file a charge against Bello in an appropriate court if it had some reason to do so. The Commission later obtained a warrant of arrest against Bello from the Federal High Court presided over by Justice Emeka Nwite. On April 22, the anti-graft agency filed a notice of withdrawal of its appeal, predicating it on the ground that events had overtaken the appeal; while admitting that the appeal was filed out of time.

Bello’s team promptly challenged the arrest warrant by the Federal High Court and Justice Emeka Nwite has adjourned for his ruling on the propriety of his warrant of arrest against Bello.

WHEN AND HOW TO SUMMON A SUSPECT FOR INVESTIGATION BY LAW ENFORCEMENT AGENCIES

I condemn any brute and sensational arrest of a suspect such as Bello. It does not matter the station of life of such suspect, whether high or low. Hooded DSS operatives once did it to some Justices of the Supreme Court and other Judges on 8th October, 2016, when they viciously and savagely broke into their homes in the wee hours of the morning. I had condemned it in very strong words. (See https://www.bellanaija.com/2016/10/falana-ozekhome-melaye-react-to-arrest-of-judges-by-dss/) (October 10, 2016). Some of the victims like Justice Sylvester Ngwuta, JSC (of blessed memory) never recovered from the shock. He later died. Others took early premature retirement. Was the Commission therefore right in attempting to arrest Bello in the manner it did as some commentators have approved in their writeups? I think not. The relevant provisions of the law such as Sections 8(1) of the Anti-Torture Act, 2017; Section 6 of the Administration of Criminal Justice Act (ACJA) 2015 (applicable in Abuja, the FCT); and Section 35(2)&(3) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the sum total of which enjoin the fair and humane treatment of a suspect whether during his /her arrest, investigation, detention pending trial and arraignment. Was a bench warrant necessary against a suspect on whom charges had not been served as in the Bello scenario? I think not. Let us look at some decided cases on this.

In USANI V. DUKE [2006] 17 NWLR (Pt.1009)610 the Court of Appeal held thus:
“A bench warrant is a discretionary power of a court invoked to secure the attendance as in this case of an unwilling witness under the threat of contempt of court to give evidence on any area of a suit within his knowledge. It is not a discretion which is exercised as a matter of course. The court has to be satisfied that there is absolute necessity to procure the appearance of the witness in court. The lower tribunal based its refusal to issue bench warrant on non-compliance with section 229(2) of the Evidence Act.” Per ADEKEYE, J.C.A. (P. 38, paras. B-E)”.

In APUGO V. FRN (2017) LPELR-41643 CA, the Court of Appeal eruditely held that:
“Section 382 (4) and (5) of the ACJA provides for how to serve a Charge and notice of trial on a Defendant, who is not in custody, … In this case, the Respondent had filed a motion exparte under section 382(5) of the ACJA 2015 to serve Appellant by substituted means. That motion was not argued, but the trial court jumped the gun and ordered for the bench warrant to arrest the Appellant: and when it found out that that was wrong, it suspended the implementation of the bench warrant (instead of setting it aside) the trial court yet still ordered the Appellant to appear on the next adjourned date to answer to the Charge against him, pursuant to section 87 of the ACJA 2015. As earlier discussed and held above, I do not think the trial court had the vires to make such order, in the circumstances as I think it went beyond its role as impartial adjudicator, to that of the Prosecutor or Police or EFCC to forcefully produce the Accused person, without serving him with any charge or notice of trial. See NWADIKE v. State (2015) LPELR- 24550 (CA), Ededet v. State (2008) 14 NWLR (Pt 1106) 52. I do not think section 87 of the ACJA 2015, can apply without recourse to section 382 of the same Act which requires a Defendant to be served personally or by substituted means with the charge or information and notice of trial. I believe it is upon compliance with section 382 (3) (4) and (5) of the Act where there is a pending charge, that the trial court can have the powers to apply the section 87 of the Act which says: “ A court has authority to compel the attendance before it of a suspect who is within the jurisdiction and is charged with an offence committed within the state Federal or the Federal Capital Territory, Abuja, as the case may be or which according to law may be dealt as if the offence had been committed within jurisdiction and to deal with the suspect according to law”. Per MBABA J.C.A J.C.A (Pp. 46-48, paras. F-F)’’.

See also sections 113, 131, 394, 398 and 399 of the Administration of Criminal Justice Act 2015.

These domestic laws are reinforced by a regional (in fact, continental) statute – the African Charter on Human and Peoples Rights – Article 7 of which obliges the State (and all other persons) to respect the rights of every individual to have his (or her) cause heard. This right encompasses the following, inter alia:
(i) The right to appeal to competent national organs against violating his fundamental rights;
(ii) The right to be presumed innocent until proven guilty by a competent tribunal;
(iii) The right to defence including by Counsel of one’s choice;
(iv) The right to be tried within a reasonable time by an impartial court or tribunal.

The importance of this statute is often overlooked by many Nigerians because, apart from the Constitution, it is superior to virtually every local or municipal law – including the EFCC (Establishment) Act itself. See ABACHA VS FAWEHINMI (2000) 6 NWLR part 660, pg 228, where the Supreme Court held that the Charter possesses “greater vigour and strength than any other domestic statute… (accordingly if there is a conflict between it and another statute its provisions will prevail over those of the other Statute”)

It is in this context that I believe the Commission’s tactics in attempting to arrest Bello ought to be situated. While no one quarrels with the Commission’s full mandate to tackle economic crimes, the way and manner in which it does so must however, not portray any impunity or suggest that it is above the law. After all, the Commission’s motto is “No one is above the Law”. To that extent, the fact that the person at the centre of the present controversy is a former Governor is irrelevant: it merely hugs the headlines for that reason. Afterall, he has since lost his immunity under section 308 of the 1999 Constitution, upon vacating office. However, once a person has been charged to court as Bello has, he becomes the subject of the court which becomes seized of the matter. His availability in court is thereafter controlled by the trial court, and not another through a bench warrant.

Many a time, it is argued that the court cannot restrain government agencies from arresting, investigating or prosecuting suspects. This is far from the truth as it depends on the facts of each case. For example, the Court of Appeal in OKEKE v. IGP & Ors (2022) LPELR-58476(CA) 1 at Pp. 9 paras. A, Per NWOSU-IHEME, J.C.A (as she then was), relied on a decision of the same Court to hold that the Police can be restrained from the improper use of its powers. In the unreported case of LUNA V. COMMISSIONER OF POLICE RIVER STATE POLICE COMMAND in Appeal No CA/PH/216/2004, the Port-Harcourt Division of the intermediate court held:
“… Notwithstanding the power of the Police as spelt out in Sections 4 and 24 of the Police Act, where this Power is improperly used, the Court can stop the use of the power for that improper purpose, as that would no longer be covered by Section 35(1) (c) of the 1999 Constitution. In other words, an order restraining the Police from arresting on some particular occasion or for some particular improper purpose may be made by the Court.”

THE EVILS OF MEDIA TRIAL

The Yahaya Bello case evinces a clear case of media trial which should never be. The notion “Media Trial” or “Trial by Media” got its name in the United States of America during the period of 19th Century and became familiar with the Indian legal system in the famous, case of K.M Nanavati v. State of Maharashtra AIR 1962 SC 605.

I have, on my part, always kicked against media trial, for it presumes a person guilty even before his trial in open court. At the first National Anti-Corruption Stakeholders’ Summit held in 2017 with the theme, “Building national anti-corruption consensus in a multi-agency Environment”, which was organised by the Commission at the EFCC Academy, Karu, Abuja, I made the following remarks:
“…. All my life that is what I have done. I take it very seriously when we talk about the issue of rule of law. I do not believe in media trial. For example, a case is being investigated in EFCC, the suspect is being interrogated, tomorrow it is in a particular newspaper as to the statement made by that suspect. That suspect may never be tried. Even if he is arraigned and tried, he may never be found guilty but you have destroyed his image, his reputation. We should run away from that, it is not good. There is the need in this anti-corruption war to make an example; just one example with one person in government. I am aware of many, many petitions against people in this government”. See Nigerian Tribune edition of 28th March, 2017. (https://tribuneonlineng.com/stop-media-trial-suspects-ozekhome-tells-efcc/).

I had also in 2017, written to the Commission and presented a paper at CACOL Roundtable, titled “The A-Z and 24 “Dos” and “Don’ts” of how to fight corruption”. (See Daily Times of 24th April, 2017 – https//issuu.com/dailytimes. ng/docs/dtn-24-04-17/19). This paper is still relevant today, as it represents my contribution to the fight against corruption which I personally believe in. But, such war must be within the confines of the law. At the time of my lecture, the Commission under Ibrahim Magu had not made any attempt to try government functionaries; and I challenged it to do so. I do not know, whether it was my wakeup call that made the Commission to finally start charging people in government, especially Governors and Ministers, to court. Or, do you? I had also clashed with the former Chairman, Magu, on this sore issue on 19th December, 2017, at the Federal High Court, Abuja, at its end of year event. (See: https://www.vanguardngr.com/2017/12/anti-graft-war-magu-ozekhome-clash-fhc-end-year-event/)

THE DANGER INHERENT IN MEDIA TRIAL

Media trial which has become the order of the day in Nigeria is simply the act of using media coverage to vilify and portray a suspect or an accused person as a criminal, even without trial. In the context of Nigerian jurisprudence, a trial is an avenue to challenge the innocence of an accused person. A Media trial is an improper use of the media to tarnish the image of an accused person before, during or after a trial. It is used to dampen the resilient spirit of an accused person. The Commission used this craft greatly, especially during the tenure of Ibrahim Magu; and it greatly chipped away some nobility in its patriotic war against corruption.

The public applauds media trial. The downtrodden guffaws when the rich also cry. With this, there are more media convictions than actual convictions in the courtroom. Unfortunately, Yahaya Bello, has become the latest victim of media trial. If he is eventually acquitted, people will attribute his non-conviction to “a complicit judiciary”, (the whipping orphan).

Bello’s present ordeal may have undoubtedly brought some people immense joy. This submission has been tacitly corroborated by the Commission’s Chairman, very hard working and dedicated Mr Olanipekun Olukoyede, who stated, in a now-viral video, that the former Governor of Kogi State declined to come to the agency’s office because he complained that a female Senator had allegedly gathered journalists together to humiliate him anytime he appeared in the office of the agency for interrogation. Obviously, Bello was scared of media trial; so he avoided it. The evils of media trial are galore.

Media trials, especially in places like Nigeria, can be highly dangerous and prejudicial to a fair trial for several reasons:

1. Presumption of Innocence: Under the provisions of Section 36(5) of the 1999 Constitution, every accused person is presumed innocent until he is found guilty. Media trials often disregard the principle of “innocent until proven guilty.” When suspects are portrayed as guilty before they have had a fair trial, it can prejudice public opinion and undermine the legal process. The Muhammadu Buhari government specialised in this Goebel’s propaganda style under its “Name-and-shame” mantra. Such removes the Anglo-Saxon accusatorial system we operate and whimsically substitutes it with the French inquisitorial system.

By the provisions of section 36(5) of the 1999 Constitution, every person who is charged with a criminal offence shall be presumed to be innocent until proven guilty. This is unequivocally the position of the law, and has not changed. Article 7(1) (b) of the African Charter on Human and Peoples’ Rights 1981, also guarantees the presumption of innocence when it states as follows: every individual shall have the right to fair-hearing, that is; to have his cause heard including a right to an appeal, to be presumed innocent until proven guilty by a competent court or tribunal, and also the right to defence, including the right to be defended by Counsel of his choice. These are provisions that guide the trial of any person suspected to have committed a crime. It further extends to the right to be tried within a reasonable time by an impartial court or tribunal Thus, the presumption of innocence is the legal principle in criminal cases that one is considered innocent until proven guilty. This therefore means that until a judicial pronouncement is made, a suspect or defendant as the case may be should be treated with dignity as an innocent citizen. Anything to contrary would amount to a breach of the fundamental rights of the individual. See the cases of Tosin .v. State (2023) LPELR-59635 (CA); Onyeka .v. State (2023) LPELR-60520 (CA) and OLALERE .V. STATE (2022) LPELR-58103 (CA).

2. Mob Mentality: Inflamed by sensationalized media coverage, the public can form strong opinions and even resort to mob justice. This can lead to violence, whether against the accused or others associated with them.

3. Interference with Legal Proceedings: Judges do not live on the island, Venus, Moon, Neptune or Mars. They live on earth and interact with members of the society. Media attention can influence judges, potentially leading to unfair trials. It can be difficult for a defendant to receive a fair trial when public opinion has been heavily influenced against him by biased media coverage. In the case of Rajendra Jawanmal Gandhi v. State of Maharashtra, (1997) 8 SCC 386, the Supreme Court of India noted that a trial by press, electronic media, or public agitation is the exact opposite of the rule of law. It held further that Judges should protect themselves from such pressure and scrupulously adhere to the rule of law since failure to do so could result in a miscarriage of justice. Parties are entitled by the Constitution to a fair trial in a court of law by an unbiased tribunal that is not swayed by popular culture or media coverage.

4. Violation of Privacy and Dignity: Suspects, especially those who are later found innocent, can suffer irreversible and irreparable damage to their reputation, mental health, and livelihood due to intrusive media coverage. See section 37 of the 1999 Constitution.

5. Impact on Investigation: Media trials can jeopardize investigations by prematurely revealing sensitive information or influencing potential witnesses or suspects.

6. Undermining Trust in the Justice System: When the public perceives that justice is being served through media sensationalism rather than through fair legal processes, it can erode public confidence and trust in the judiciary and law enforcement agencies. This is the situation our judiciary has found itself. When a wealthy man who is accused of looting the state treasury is acquitted of corruption-related charges, some members of the public readily accuse the judiciary of complicity. Because some Nigerians do not trust the judiciary, they believe, courtesy of media trial, that the judiciary is a tool of the ruling class to consolidate or legitimize their hold on power and the society.

7. Political Manipulation: In some cases, media trials may be used as a tool by powerful interests to manipulate public opinion, discredit political opponents, or distract from other issues. The ongoing trial of the former CBN Governor, Mr. Godwin Emefiele, is a perfect example. Virtually all the bad economic policies of the President Buhari government have been attributed to the leadership of the apex bank under Emefiele and the Bank Managing Directors. Was this really the case? Was Buhari not in charge?

There are many instances when suspects who had been subjected to needless media trial were later vindicated by courts of law. Let us see some examples:
(i) The siege and break-in through the roof on the residence, ‘abduction’ and subsequent arrest and arraignment by the EFCC in a clearly orchestrated media trial of former Governor Rochas Okorocha of Imo State. He was later discharged and acquitted.
(ii) The trial and subsequent discharge and acquittal, only last month, by the Federal High Court sitting in Lagos, of the former Director-General of NIMASA, Mr Patrick Akpobolokemi, after over eight years on trumped up charges of conspiracy, stealing and fraudulent conversion involving the sum of ₦8.5billion. The court, coram, Justice Ayokunle Faji, upheld his Counsel’s no-case submission that the Commission had failed to make a prima facie case requiring him to enter his defence in respect of four out of six charges laid against him by the Commission. This was after eight years of gruesome trial and media hype, with Akpobolokemi, being physically dragged on the ground in one instance.

The discharge and acquittal earlier this year of the erstwhile Attorney-General of the Federation and Minister of Justice under the Administration of the former President Goodluck Jonathan, Mr Mohammed Bello Adoke and some companies by the Federal High Court, Abuja (Ekwo, J) and the High Court of the FCT (Kutigi J), on charges of money laundering and abuse of office after over four years of hyped media trial which the latter court strongly condemned and for which it excoriated the Commission for the slip-shod manner in which it undertook what, to all intents and purposes, was a persecution rather than precaution. The investigation into the alleged offences was anything but diligent, forcing the Commission’s own Counsel (to his credit) to throw in the towel and admit that he could not, in all honesty, support their continuing trial. I had gotten vacated and set aside the Bench warrant earlier issued against Adoke by Danlami Zama Senchi (now of the Court of Appeal). I was the one who also argued Adoke’s bail applications before Justices Inyang Ekwo and Idris Legbo Kutigi.
Also apposite are the nasty experiences of former Senator Dino Melaye whose cases I also handled; and that of the Supreme Court Justices way back in 2016 (even though the latter was perpetrated by a sister agency, the DSS) .

What about late High Chief Aleogho Raymond Dokpesi? He was later discharged on a no case submission after over eight years of horrid trial in which I secured his bail in 2015! The cases of Col. Sambo Dasuki, El Zakzaky and Elder Godsday Orube are well too known to enlist elucidation here.

The Commission surely had full knowledge of the ex-parte order made by the Kogi State High Court which had restrained the Commission from arresting Yahaya Bello. Yet, it laid a siege on Bello’s Abuja residence. The entire drama (which played out in the full glare of television cameras) was nothing short of disdain for the rule of law and the sanctity of court orders. It is trite law that, until a valid and duly issued court order is set aside either by the same or another court of superior or co-ordinate jurisdiction, it must be obeyed and complied with to the hilt.

The proper remedy open to the Commission which disagreed with the order was to challenge it and seek its reversal at the appellate court as it later did, and certainly not to flout or disobey it under any disguise. Needless to say that disobedience to court orders is a feature of self-help only in a society where anything goes; where life is poor, solitary, nasty, brutish and short, to quote the English Philosopher, Thomas John Hobbes. We must never allow Nigeria to degenerate to such a nadir state where government institutions disobey court orders with impunity. That is a ready recipe for organized disenchantment.

Indeed, so important is obedience of court order that it is given constitutional imprimatur in Section 287 of the 1999 Constitution.

In this regard, in FCDA V KORIPAMO-AGARY (2010) LPELR-4148 (CA), Mary Ukaego Peter-Odili, J.C.A (as he then was) held that:

“The Court frowns at disobedience of its orders; particularly by the executive branch of government and has used rather harsh language such as ‘executive lawlessness’, in describing such acts of disobedience. On the application of an aggrieved party, the Court has in appropriate cases, not hesitated to exercise its coercive power to set aside such acts done in disobedience of its order and restore the parties to the position they were before such disobedience. The rationale for this course of action by the Court is to ensure the enthronement of the rule of law rather than acquiesce in resorting to self-help by a party. The Court also has the power of sequestration and committal against persons disobeying its orders. It is an overgeneralization and therefore wrong to say that an act done in disobedience of a Court order is an illegality”.

See also ALL PROGRESSIVE CONGRESS & 2 ORS V HON DANLADI IDRIS KARFI & 2 ORS [2018] 6 NWLR (Pt 1616) 479, 493 SC and EZEKIEL-HART V EZEKIEL-HART [1990] NWLR (pt 126) 276. where the Supreme Court upheld the same principle.

By the same token, it is also settled that once the court is seised of a matter, it becomes dominus litis (master of the proceedings) and no party is allowed to take any step that will either overreach the court or the other party or present the court with a situation of fait accompli or complete helplessness in which whatever orders it makes might either be rendered nugatory or unenforceable. Such will be an affront on the court. See Ojukwu v. Governor of Lagos State (1986) 3NWLR (Pt 26) 39.

CONCLUSION

The judgment delivered by the High Court of Kogi State on April 17, 2024, finally vindicated Yahaya Bello on this issue as the court pointedly held:
“Thus, the serial action of the Respondent, dating back to 2021, right up to 2024, targeted against the applicant, has corroded their legitimate statutory duties of investigation and prosecution of financial crimes. These collective infractions on the rights of the applicant border on infringement of his fundamental right from discrimination”.

Central to the court’s rebuke is the condemnation of the anti-graft agency’s reliance on media sensationalism, characterized as a form of trial by public opinion. The court firmly asserted the principle that the agency’s role is not to act as both prosecutor and Judge simultaneously; but rather to present evidence within the confines of due procedure. This critique underscores the imperative of upholding the rule of law and granting individuals, including Bello, their rightful day in court devoid of extrajudicial influences.

Beyond the specifics of Bello’s case, there is need for a paradigm shift whereby agencies such as the EFCC, Police, ICPC, DSS et al, adopt a more public-friendly stance akin to their counterparts in advanced jurisdictions such as the United States, the United Kingdom and many European states. The importance of viewing law enforcement as a Service rather than as a Force, underscores the necessity of cultivating public trust and confidence through transparent, law-abiding practices. I hereby emphasize and advocate (as I have always done), strong institutions; not strong men.

We must, therefore, strike a balance between reporting matters that are of public interest and respect for the dignity of persons. In India, the Law Commission in its 200th report, “Trial by Media: Free Speech versus Fair Trial under Criminal Procedure (Amendments to the Contempt of Courts Act, 1971)”, has recommended a law to debar the media from reporting anything prejudicial to the rights of the accused in criminal cases, from the time of arrest to investigation and trial.

No individual, regardless of his position or authority, is above the law. There is no exception in the sense that even those who are protected from prosecution by the immunity clause in section 308 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, will after vacating the office be answerable like all other citizens and subject themselves willingly or unwillingly to the law. By holding both governmental and non-governmental actors accountable to the law, a commitment to fostering a culture of accountability and respect for individual rights is built and maintained.

Be that as it may, the laid down procedures must be followed accordingly. Where such laid down procedures are not tenaciously complied with, it will become an agency of government dictating its own rules, procedures and modus operandi. This is only typical of an autocratic, despotic and dictatorial government which we do not operate. It is in the light of this that the Commission and all other agencies established by laws must ensure that they conduct their operations within the ambit of the laws that established them. The concept of rule of law entails that all actions of government must be carried out as spelt out by the law without any form of self-help. In an ideal society where everyone, the leaders, the followers and the law enforcement agencies follow the law, a pattern develops where there can be a reasonable expectation of what will occur in any given situation. And ultimately, this provides security and safety as people do not need to panic out of uncertainty or feel worried about any situation since what will happen is readily predictable.

In the light of these considerations, there is need for a reevaluation of law enforcement practices and a renewed dedication to upholding the rule of law. There must be a balance of the imperatives of justice with the protection of individual rights, particularly in the face of media scrutiny and public pressure.

For now, citizen Yahaya Bello wears the toga of victimhood and not of aggression. He should be allowed to have his fair day in court without the present needless ruckus and brouhaha.

PROF MIKE OZEKHOME SAN, CON, OFR, FCIArb, LL.M, Ph.D., LL.D., D.Litt, D.Sc. is a constitutional lawyer and human rights advocate

Opinion

Rebuilding the Pillars: A Comprehensive Blueprint for Overcoming Nigeria’s Leadership Deficit

Published

4 days ago

December 13, 2025

Eric

By Tolulope A. Adegoke, PhD

Systemic governance reform as the critical foundation for unlocking sustainable development and restoring national promise. “Nations are not built on resources, but on systems. Nigeria’s future rests not on changing leaders, but on transforming the very structures that create them” – Tolulope A. Adegoke, PhD

Introduction: The Leadership Imperative

Nigeria, often described as the “Giant of Africa,” stands at a pivotal moment in its historical trajectory. Possessing unparalleled human capital, vast natural resources, and a dynamic, youthful population, the nation’s potential remains paradoxically constrained by deeply embedded structural deficiencies within its leadership architecture. These systemic flaws—evident across political, corporate, and civic institutions—have created profound cracks that undermine public trust, stifle economic innovation, and impede the delivery of fundamental social goods. This leadership deficit is not merely a political inconvenience; it is the central bottleneck to national progress.

Addressing this challenge requires moving beyond cyclical criticism of individuals and towards a deliberate, strategic reconstruction of the systems that produce, empower, and hold leaders accountable. This blog post presents a holistic, actionable blueprint designed to seal these cracks permanently. It offers a pathway to cultivate a leadership ecosystem that is transparent, accountable, performance-driven, and ethically grounded, thereby delivering tangible possibilities for Nigeria’s people, empowering its corporate sector, and restoring its stature on the global stage.

Section 1: Diagnosing the Structural Cracks—A Multilayered Analysis

A precise diagnosis is essential for effective treatment. Nigeria’s leadership challenges are multifaceted and mutually reinforcing, stemming from three core structural failures.

1. The Governance Architecture Failure

The current system suffers from a fundamental contradiction: a hyper-centralized federal model that stifles local innovation and accountability. Critical institutions, including the Independent National Electoral Commission (INEC), the judiciary, and the civil service, frequently operate with compromised autonomy, inadequate technical capacity, and vulnerability to political interference. Furthermore, the intended checks and balances among the executive, legislative, and judicial branches have weakened, creating avenues for impunity and concentrated power that deviate from democratic principles.

2. The Leadership Pipeline Collapse

The mechanisms for recruiting and developing leaders are fundamentally broken. Political party structures too often prioritize patronage, loyalty, and financial muscle over competence, vision, and ethical fortitude. There exists no systematic, nationwide program for identifying, nurturing, and mentoring successive generations of public servants. This results in a recurring leadership vacuum and a deficiency of cognitive diversity at decision-making tables, limiting the range of solutions for national challenges.

3. The Integrity Infrastructure Erosion

Perhaps the most damaging crack is the erosion of public trust, fueled by opacity and impunity. Decision-making processes and public resource allocations are frequently shrouded in secrecy, while accountability mechanisms are rendered ineffective. The consistent weakness in enforcing ethical codes across sectors has allowed a culture of corruption to persist, which acts as a regressive tax on development, scuttles investor confidence, and demoralizes the citizenry.

Section 2: A Tripartite Framework for Sustainable Transformation

Lasting reform necessitates concurrent, mutually reinforcing interventions across three interconnected pillars.

Pillar I: Constitutional and Institutional Reformation

Implementing True Cooperative Federalism: It is imperative to undertake a constitutional review that clearly delineates responsibilities and revenue-generating authorities among federal, state, and local governments. This empowers subnational entities to become laboratories of development, tailored to local contexts, while fostering healthy competition in providing public services. Fiscal autonomy must be matched with enhanced capacity-building initiatives at the state and local government levels.

Fortifying Independent Institutions: Key democratic institutions require constitutional protection from executive and legislative overreach. This includes guaranteeing transparent, first-line funding from the Consolidated Revenue Fund and establishing rigorous, meritocratic panels for appointing their leadership. Strengthening bodies like the Code of Conduct Bureau and the Public Complaints Commission is equally vital.

Professionalizing the Political Space: Electoral reform must introduce systems like ranked-choice voting to encourage more issue-based, inclusive campaigning. Legislation should mandate demonstrable internal democracy within political parties, including transparent primaries and audited financial disclosures, to reduce the capture of parties by narrow interests.

Pillar II: Cultivating a Leadership Development Ecosystem

Establishing a Premier National School of Governance (NSG): Modeled on institutions like the Lee Kuan Yew School of Public Policy, a Nigerian NSG would serve as the apex institution for executive leadership training. Attendance for all senior civil servants, political appointees, and legislators should be mandatory, with curricula focused on strategic public administration, ethical leadership, complex project management, and national policy analysis.

Catalyzing a Corporate Governance Revolution: The Securities and Exchange Commission (SEC) and the Corporate Affairs Commission (CAC) must enforce stricter codes requiring diverse, independent, and technically competent boards. The private sector should be incentivized—through tax credits or preferential procurement status—to establish leadership fellowship programs that place high-potential private-sector executives into public sector roles for fixed terms, fostering cross-pollination of skills and perspectives.

Instituting a Presidential Leadership Fellowship (PLF): This highly selective, merit-based program would identify Nigeria’s most promising young talents (aged 25-35) from all fields—technology, agriculture, law, the arts—and place them in intensive two-year rotations across critical government agencies, private sector giants, and civil society organizations. This creates a nurtured cohort of future leaders with a national network and a deep understanding of systemic interconnections.

Pillar III: Architecting Robust Accountability & Performance Systems

Deploying a Digital Transparency Platform: A mandatory, open-access National Integrated Governance Portal (NIGP) should display in real-time the status, budget, and contractor details of every major public project. Strategic use of blockchain technology can create immutable records for procurement contracts and resource distribution, significantly reducing opportunities for diversion.

Empowering Oversight and Consequence: Anti-corruption agencies require not only independence but also enhanced forensic capacity and international collaboration. Performance tracking must extend to the judiciary and legislature; publishing annual scorecards on case clearance rates, legislative productivity, and constituency impact can drive public accountability.

Embedding a Culture of Results: All government ministries, departments, and agencies (MDAs) must operate under a National Key Results Framework (NKRF). This performance contract system would define clear, measurable quarterly deliverables tied to national development plans. Autonomy and discretionary funding should be increased for MDAs that consistently meet targets, while underperformance triggers mandatory restructuring and leadership review.

Section 3: The Indispensable Cultural Reorientation

Technocratic fixes will fail without a parallel cultural shift that venerates service and integrity.

Embedding Ethics from Foundation: A redesigned national curriculum, from primary through tertiary education, must integrate civic ethics, critical thinking, and Nigeria’s constitutional history to build an informed citizenry that values good governance.

Launching a “Service Nation” Campaign: A sustained, multi-platform national campaign, developed in partnership with respected cultural, religious, and traditional institutions, should celebrate role models of ethical leadership and reframe public service as the nation’s highest calling.

Enacting Ironclad Whistleblower Protections: Comprehensive legislation must be passed to protect whistleblowers from all forms of retaliation, including provisions for anonymous reporting, physical protection, and financial rewards, aligning with global best practices to encourage exposure of malfeasance.

Section 4: A Practical, Phased Implementation Roadmap (2025-2035)

Phase 1: The Foundation Phase (Years 1-3)

Convene a National Constitutional Dialogue involving all tiers of government, civil society, and professional bodies.

· Establish the Nigerian School of Governance (NSG) and inaugurate the first cohort of the Presidential Leadership Fellowship (PLF).

· Pilot the National Integrated Governance Portal (NIGP) in the Ministries of Health, Education, and Works.

Phase 2: The Integration & Scaling Phase (Years 4-7)

· Enact and begin implementation of the new constitutional framework on fiscal federalism.

· Graduate the first NSG cohorts and embed training as a prerequisite for promotions.

· Roll out the NKRF performance contracts across all federal MDAs and willing pilot states.

Phase 3: The Consolidation & Maturation Phase (Years 8-12)

· Conduct a comprehensive national review, assessing improvements in governance indices, citizen trust metrics, and economic competitiveness.

· Establish Nigeria as a regional hub for leadership training, offering NSG programmes to other African nations.

· Institutionalize a self-sustaining cycle where performance culture and ethical leadership are the unquestioned norms.

Conclusion: Forging a New Path of Leadership

The task of sealing the cracks in Nigeria’s leadership foundation is undeniably monumental, yet it is the most critical work of this generation. It demands a departure from transactional politics and short-term thinking toward a covenant of nation-building. The integrated blueprint outlined here—combining institutional redesign, leadership cultivation, technological accountability, and cultural renewal—provides a viable pathway.

This is not a call for perfection, but for systematic progress. By committing to this journey, Nigeria can transform its governance from its greatest liability into its most powerful asset. The outcome will be a nation where trust is restored, innovation flourishes, and every citizen has a fair opportunity to thrive. The resources, the intellect, and the spirit exist within Nigeria; it is now a matter of courageously building the structures to set them free.

Dr. Tolulope Adeseye Adegoke is a distinguished scholar-practitioner specializing in the intersection of African security, governance, and strategic leadership. His expertise is built on a robust academic foundation—with a PhD, MA, and BA in History and International Studies focused on West African conflicts, terrorism, and regional diplomacy—complemented by high-level professional credentials as a Distinguished Fellow Certified Management Consultant and a Fellow Certified Human Resource Management Professional.

A recognized thought leader, he is a Distinguished Ambassador for World Peace (AMBP-UN) and has been honoured with the African Leadership Par Excellence Award (2024) and the Nigerian Role Models Award (2024), alongside inclusion in the prestigious national compendium “Nigeria @65: Leaders of Distinction.”

Dr. Adegoke’s unique value lies in synthesizing deep historical analysis with practical management frameworks to diagnose systemic institutional failures and design actionable reforms. His work is dedicated to advancing ethical governance, strategic human capital development, and sustainable nation-building in Africa and the globe. He can be reached via: tolulopeadegoke01@gmail.com & globalstageimpacts@gmail.com

Opinion

How Dr. Fatima Ibrahim Hamza (PT, mNSP) Became Kano’s Healthcare Star and a Model for African Women in Leadership

Published

2 weeks ago

December 6, 2025

Eric

By Dr. Sani Sa’idu Baba

My dear country men and women, over the years, I have been opportune to watch numerous speeches delivered by outstanding women shaping the global health sector especially those within Africa. Back home, I have also listened to towering figures like Dr. Hadiza Galadanci, the renowned O&G consultant whose passion for healthcare reform continues to inspire many. Even more closer home, there is Dr. Fatima Ibrahim Hamza, my classmate and colleague. Anyone who knew her from the beginning would remember a hardworking young woman who left no stone unturned in her pursuit of excellence. Today, she stands tall as one of the most powerful illustrations of what African women in leadership can achieve when brilliance, discipline, and integrity are brought together.

Before I dwell into the main business for this week, let me make this serious confession. If you are a regular traveler within Nigeria like myself, especially in the last two years, you will agree that no state currently matches Kano in healthcare delivery and institutional sophistication. This transformation is not accidental. It is the result of a coordinated, disciplined, and visionary ecosystem of leadership enabled by Kano State Governor, Engr Abba Kabir Yusuf. From the strategic drive of the Hospitals Management Board under the meticulous leadership of Dr. Mansur Nagoda, to the policy direction and oversight provided by the Ministry of Health led by the ever committed Dr. Abubakar Labaran, and the groundbreaking reforms championed by the Kano State Primary Health Care Management Board under the highly cerebral Professor Salisu Ahmed Ibrahim, the former Private Health Institution Management Agency (PHIMA) boss, a man who embodies competence, hard work, honesty, and principle, the progress of Kano’s health sector becomes easy to understand. With such a strong leadership backbone, it is no surprise that individuals like Dr. Fatima Ibrahim Hamza is thriving and redefining what effective healthcare leadership looks like in Nigeria.

Across the world, from top medical institutions to global leadership arenas, one truth echoes unmistakably: when women lead with vision, systems transform. Their leadership is rarely about theatrics or force; it is about empathy, innovation, discipline, and a capacity to drive change from the inside out. Kano State has, in recent years, witnessed this truth firsthand through the extraordinary work of Dr. Fatima at Sheikh Muhammad Jidda General Hospital.

In less than 2 years, Dr. Fatima has emerged as a phenomenon within Kano’s healthcare landscape. As the youngest hospital director in the state, she has demonstrated a style of leadership that mirrors the excellence seen in celebrated female leaders worldwide, women who inspire not by occupying space, but by redefining it. Her performance has earned her two high level commendations. First, a recognition by the Head of Service following a rigorous independent assessment of her achievements, and more recently, a formal commendation letter from the Hospitals Management Board acknowledging her professionalism, discipline, and transformative impact.

These acknowledgements are far more than administrative gestures, they place her in the company of women leaders whose influence reshaped nations: New Zealand’s Jacinda Ardern with her empathy driven governance, Liberia’s Ellen Johnson Sirleaf with her courageous reforms, and Germany’s Angela Merkel with her disciplined, steady leadership. Dr. Fatima belongs to this esteemed lineage of women who do not wait for change, they create it.

What sets her apart is her ability to merge vision with structure, compassion with competence, and humility with bold ambition. Staff members describe her as firm yet accessible, warm yet uncompromising on standards, traits that embody the modern leadership model the world is steadily embracing. Under her stewardship, Sheikh Jidda General Hospital has transformed from a routine public facility into an institution of possibility, demonstrating what happens when a capable woman is given the opportunity to lead without constraint.

The recent commendation letter from the Hospitals Management Board captures this evolution clearly: “Dr. Fatima has strengthened administrative coordination, improved patient care, elevated professional standards, and fostered a hospital environment where excellence has become the norm rather than the exception”. These outcomes are remarkable in a system that often battles bureaucratic bottlenecks and infrastructural limitations. Her work is proof that effective leadership especially in health must be visionary, intentional, and rooted in integrity.

In a period when global discourse places increasing emphasis on the importance of women in leadership particularly in healthcare, Dr. Fatima stands as a living testament to what is possible. She has demonstrated that leadership is never about gender, but capacity, clarity of purpose, and the willingness to serve with unwavering commitment.

Her rise sends a powerful message to young girls across Nigeria and Africa: that excellence has no gender boundaries. It is a call to institutions to trust and empower competent women. And it is a reminder to society that progress accelerates when leadership is guided by competence rather than stereotypes.

As Kano continues its journey toward comprehensive healthcare reform, Dr. Fatima represents a new chapter, one where leadership is defined not by age or gender, but by impact, innovation, and measurable progress. She is, without question, one of the most compelling examples of modern African women in leadership today.

May her story continue to enlighten, inspire, and redefine what African women can, and will achieve when given the opportunity to lead.

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

Opinion

Book Review: Against the Odds by Dozy Mmobuosi

Published

2 weeks ago

December 4, 2025

Eric

By Sola Ojewusi

Against the Odds is an ambitious, deeply personal, and unflinchingly honest memoir that traces the remarkable rise of Dozy Mmobuosi, one of Nigeria’s most dynamic and controversial entrepreneurs. In this sweeping narrative, Mmobuosi reveals not just the public milestones of his career, but the intimate struggles, internal battles, and defining moments that shaped his identity and worldview.

The book is both a personal testimony and a broader commentary on leadership, innovation, and Africa’s future—and it succeeds in balancing these worlds with surprising emotional clarity.

A Candid Portrait of Beginnings

Mmobuosi’s story begins in the bustling, unpredictable ecosystem of Lagos, where early challenges served as the furnace that forged his ambitions. The memoir details the circumstances of his upbringing, the value systems passed down from family, and the early encounters that sparked his desire to build solutions at scale.

These foundational chapters do important work: they humanize the protagonist. Readers meet a young Dozy not as a business figurehead, but as a Nigerian navigating complex social, financial, and personal realities—realities that millions of Africans will find familiar.

The Making of an Entrepreneur

As the narrative progresses, the memoir transitions into the defining phase of Mmobuosi’s business evolution. Here, he walks readers through the origins of his earliest ventures and the relentless curiosity that led him to operate across multiple industries—fintech, agri-tech, telecoms, AI, healthcare, consumer goods, and beyond.

What is striking is the pattern of calculated risk-taking. Mmobuosi positions himself as someone unafraid to venture into uncharted territory, even when the cost of failure is steep. His explanations offer readers valuable insights into:
• market intuition
• the psychology of entrepreneurship
• the sacrifices required to build at scale
• the emotional and operational toll of high-growth ventures

These passages make the book not only readable but instructive—especially for emerging

African entrepreneurs.

Triumphs, Crises, and Public Scrutiny
One of the book’s most compelling strengths is its willingness to confront controversy head-on.

Mmobuosi addresses periods of intense scrutiny, institutional pressure, and personal trials.

Instead of glossing over these chapters, he uses them to illustrate the complexities of building businesses in emerging markets and navigating public perception.

The tone is reflective rather than defensive, inviting readers to consider the thin line between innovation and misunderstanding in environments where the rules are still being written.

This vulnerability is where the memoir finds its emotional resonance.

A Vision for Africa

Beyond personal history, Against the Odds expands into a passionate manifesto for African transformation. Mmobuosi articulates a vision of a continent whose young population, natural resources, and intellectual capital position it not as a follower, but a potential leader in global innovation.

He challenges outdated narratives about Africa’s dependency, instead advocating for
homegrown technology, supply chain sovereignty, inclusive economic systems, and investment in human capital.

For development strategists, policymakers, and visionaries, these sections elevate the work from memoir to thought leadership.

The Writing: Accessible, Engaging, and Purposeful

Stylistically, the memoir is direct and approachable. Mmobuosi writes with clarity and intention, blending storytelling with reflection in a way that keeps the momentum steady. The pacing is effective: the book moves seamlessly from personal anecdotes to business lessons, from introspection to bold declarations.

Despite its business-heavy subject matter, the prose remains accessible to everyday readers.

The emotional honesty, in particular, will appeal to those who appreciate memoirs that feel lived rather than curated.

Why This Book Matters

Against the Odds arrives at a critical moment for Africa’s socioeconomic trajectory. As global attention shifts toward African innovation, the need for authentic narratives from those building within the system becomes essential.

Mmobuosi’s memoir offers:
• a case study in resilience
• an insider’s perspective on entrepreneurship in frontier markets
• a meditation on reputation, legacy, and leadership
• a rallying cry for African ambition

For readers like Sola Ojewusi, whose work intersects with media, policy, leadership, and social development, this book offers profound insight into the human stories driving Africa’s new generation of builders.

Final Verdict

Against the Odds is more than a success story—it is a layered, introspective, and timely work that captures the pressures and possibilities of modern African enterprise. It challenges stereotypes, raises important questions about leadership and impact, and ultimately delivers a narrative of persistence that audiences across the world will find relatable.

It is an essential read for anyone interested in the future of African innovation, the personal realities behind public leadership, and the enduring power of vision and resilience