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Yahaya Bello: Victim or Aggressor?

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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

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Opinion

A Holistic Framework for Addressing Leadership Deficiencies in Nigeria, Others

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By Tolulope A. Adegoke PhD

“Effective leadership is not a singular attribute but a systemic outcome. It is forged by institutions stronger than individuals, upheld by accountability with enforceable consequences, and sustained by a society that demands integrity as the non-negotiable price of power. The path to renewal—from national to global—requires us to architect systems that make ethical and competent leadership not an exception, but an inevitable product of the structure itself” – Tolulope A. Adegoke, PhD

Introduction: Understanding the Leadership Deficit

Leadership deficiencies in the modern era represent a critical impediment to sustainable development, social cohesion, and global stability. These shortcomings—characterized by eroded public trust, systemic corruption, short-term policymaking, and a lack of inclusive vision—are not isolated failures but symptoms of deeper structural and ethical flaws within governance systems. Crafting effective solutions requires a clear-eyed, unbiased analysis that moves beyond regional stereotypes to address universal challenges while respecting specific contextual realities. This document presents a comprehensive, actionable framework designed to rebuild effective leadership at the national, continental, and global levels, adhering strictly to principles of meritocracy, accountability, and transparency.

I. Foundational Pillars for Systemic Reform

Any lasting solution must be built upon a bedrock of core principles. These pillars are universal prerequisites for ethical and effective governance.

1.      Institutional Integrity Over Personality: Systems must be stronger than individuals. Governance should rely on robust, transparent, and rules-based institutions that function predictably regardless of incumbents, thereby minimizing personal discretion and its attendant risks of abuse.

2.      Uncompromising Accountability with Enforceable Sanctions: Accountability cannot be theoretical. It requires independent oversight bodies with real investigative and prosecutorial powers, a judiciary insulated from political interference, and clear consequences for misconduct, including loss of position and legal prosecution.

3.      Meritocracy as the Primary Selection Criterion: Leadership selection must transition from patronage, nepotism, and identity politics to demonstrable competence, proven performance, and relevant expertise. This necessitates transparent recruitment and promotion processes based on objective criteria.

4.      Participatory and Deliberative Governance: Effective leaders leverage the collective intelligence of their populace. This demands institutionalized channels for continuous citizen engagement—beyond periodic elections—such as citizen assemblies, participatory budgeting, and formal consultation processes with civil society.

II. Context-Specific Strategies and Interventions

A. For Nigeria: Catalyzing National Rebirth Through Institutional Reconstruction
Nigeria’s path requires a dual focus: dismantling obstructive legacies while constructing resilient, citizen-centric institutions.

·         Constitutional and Electoral Overhaul: Reform must address foundational structures. This includes a credible review of the federal system to optimize the balance of power, the introduction of enforceable campaign finance laws to limit monetized politics, and the implementation of fully electronic, transparent electoral processes with real-time result transmission audited by civil society. Strengthening the independence of key bodies like INEC, the judiciary, and anti-corruption agencies through sustainable funding and insulated appointments is non-negotiable.

·         Genuine Fiscal Federalism and Subnational Empowerment: The current over-centralization stifles innovation. Empowering states and local governments with greater fiscal autonomy and responsibility for service delivery would foster healthy competition, allow policy experimentation tailored to local contexts, and reduce the intense, often violent, competition for federal resources.

·         Holistic Security Sector Reform: Addressing insecurity requires more than hardware. A comprehensive strategy must include community-policing models, merit-based reform of promotion structures, significant investment in intelligence capabilities, and, crucially, parallel programs to address the root causes: youth unemployment, economic inequality, and environmental degradation.

·         Investing in the Civic Infrastructure: A functioning democracy requires an informed and engaged citizenry. This mandates a national, non-partisan civic education curriculum and robust support for a free, responsible, and financially sustainable press. Protecting journalists and whistleblowers is essential for maintaining transparency.

B. For Africa: Leveraging Continental Solidarity for Governance Enhancement
Africa’s prospects are tied to its ability to act collectively, using regional and continental frameworks to elevate governance standards.

·         Operationalizing the African Governance Architecture: The African Union’s mechanisms, particularly the African Peer Review Mechanism (APRM), must transition from voluntary review to a system with meaningful incentives and consequences. Compliance with APRM recommendations could be linked to preferential access to continental infrastructure funding or trade benefits under the AfCFTA.

·         The African Continental Free Trade Area (AfCFTA) as a Governance Catalyst: Beyond economics, the AfCFTA can drive better governance. By creating powerful cross-border commercial interests, it builds domestic constituencies that demand policy predictability, dispute resolution mechanisms, and regulatory transparency—all hallmarks of sound leadership.

·         Pan-African Human Capital Development: Strategic investment in continental human capital is paramount. This includes expanding regional centers of excellence in STEM and public administration, fostering academic and professional mobility, and deliberately cultivating a new generation of technocrats and leaders through programs like the African Leadership University.

·         Consistent Application of Democratic Norms: Regional Economic Communities (RECs) must enforce their own democratic charters uniformly. This requires establishing clear, automatic protocols for responding to unconstitutional changes of government, including graduated sanctions, rather than ad-hoc diplomatic responses influenced by political alliances.

C. For the Global System: Rebuilding Equitable and Effective Multilateralism
Global leadership crises often stem from outdated international structures that lack legitimacy and enforceability.

·         Reforming Archaic Multilateral Institutions: The reform of the United Nations Security Council to reflect 21st-century geopolitical realities is essential for its legitimacy. Similarly, the governance structures of the International Monetary Fund and World Bank must be updated to give emerging economies a greater voice in decision-making.

·         Combating Transnational Corruption and Illicit Finance: Leadership deficiencies are often funded from abroad. A binding international legal framework is needed to enhance financial transparency, harmonize anti-money laundering laws, and expedite the repatriation of stolen assets. This requires wealthy nations to rigorously police their own financial centers and professional enablers.

·         Fostering Climate Justice and Leadership: Effective global climate action demands leadership rooted in equity. Developed nations must fulfill and be held accountable for commitments on climate finance, technology transfer, and adaptation support. Leadership here means honoring historical responsibilities.

·         Establishing Norms for the Digital Age: The technological frontier requires new governance. A global digital compact is needed to establish norms against cyber-attacks on civilian infrastructure, the use of surveillance for political repression, and the cross-border spread of algorithmic disinformation that undermines democratic processes.

III. Universal Enablers for Transformative Leadership

Certain interventions are universally applicable and critical for cultivating a new leadership ethos across all contexts.

·         Strategic Leadership Development Pipelines: Nations and institutions should invest in non-partisan, advanced leadership academies. These would equip promising individuals from diverse sectors with skills in ethical decision-making, complex systems management, strategic foresight, and collaborative governance, creating a reservoir of prepared talent.

·         Redefining Success Metrics: Moving beyond Gross Domestic Product (GDP) as the primary scorecard, governments should adopt and be assessed on holistic indices that measure human development, environmental sustainability, inequality gaps, and citizen satisfaction. International incentives, like preferential financing, could be aligned with performance on these multidimensional metrics.

·         Creating a Protective Ecosystem for Accountability: Robust, legally enforced protections for whistleblowers, investigative journalists, and anti-corruption officials are fundamental. This may include secure reporting channels, legal aid, and, where necessary, international relocation support for those under threat.

·         Harnessing Technology for Inclusive Governance: Digital tools should be leveraged to deepen democracy. This includes secure platforms for citizen feedback on legislation, open-data portals for public spending, and digital civic assemblies that allow for informed deliberation on key national issues, complementing representative institutions.

Conclusion: The Collective Imperative for Renewal

Addressing leadership deficiencies is not a passive exercise but an active, continuous project of societal commitment. It requires the deliberate construction of systems that incentivize integrity and penalize malfeasance. For Nigeria, it is the arduous task of rebuilding a social contract through impartial institutions. For Africa, it is the strategic use of collective action to elevate governance standards continent-wide. For the world, it is the courageous redesign of international systems to foster genuine cooperation and justice. Ultimately, the quality of leadership is a direct reflection of the standards a society upholds and enforces. By implementing this multilayered framework—demanding accountability, rewarding merit, and empowering citizens—a new paradigm of leadership can emerge, transforming it from a recurrent source of crisis into the most reliable engine for human progress and shared prosperity.

Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.comglobalstageimpacts@gmail.com

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Tali Shani vs Mike Ozekhome: How a Legal Mole-Hill Was Turned into a Mountain

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By Abubakar D. Sani, Esq

INTRODUCTION

News of the decision of a British Tribunal in respect of a property situate in London, the UK’s capital, whose ownership was disputed has gained much publicity since it was delivered in the second week of September 2025. For legal reasons, the charges brought against prominent lawyer, Chief Mike Ozekhome, SAN, based on same is the most that can be said of it as no arraignment was made before Hon. Justice Kekemeke of the High court of the FCT, Abuja, sitting in Maitama.

Accordingly, this intervention will be limited to interrogating the common, but false belief (even in legal circles), that the Tribunal somehow indicted him with conclusive ‘guilt’. I intend to argue that this belief is not correct; and that, on the contrary, nothing could be further from the truth. For the sake of context, therefore, it is necessary to refer to relevant portions of the decision of Judge Paton (the name of the Tribunal’s presiding officer), which completely exonerated Chief Ozekhome, but which his detractors have always conveniently suppressed.

WHAT DID THE TRIBUNAL SAY?

Not a few naysayers, smart-alecs, emergency analysts and self-appointed pundits have been quick to latch on to some passages in the judgement of the Tribunal which disagreed with Ozekhome’s testimony to justify their crucifixion of Chief Ozekhome – even without hearing his side of the story or his version of events. This is a pity, of course, especially for the supposedly learned senior lawyers among them who, by ignoring the age-old principle of fair hearing famously captured as audi alterem partem (hear the other side) have unwittingly betrayed patent bias, malice, malevolence and utter lack of bona fides as the major, if not exclusive, motivator of their view-points and opinions. I have particularly watched about five of such senior lawyers shop from one platform to another, with malicious analysis to achieve nothing, but reputational damage. They know themselves.

Before proceeding to those portions, it is important to acknowledge that the Tribunal conducted a review of the evidence placed before it. The proceedings afforded all parties the opportunity to present their respective cases. The learned Judge carefully evaluated the testimonies, documentary exhibits and surrounding circumstances and rendered a reasoned decision based on the materials before the Tribunal.

It is also not in doubt that the Tribunal made certain critical observations in the course of assessing the credibility of the witnesses and the plausibility of their explanations. Such evaluative comments are a normal and inevitable feature of judicial fact-finding, particularly in property tribunals in contested proceedings involving complex transactions and disputed narratives. They do not amount to indictment.

It is precisely the improper isolation and mischaracterization of some of these observations that have given rise to the present misconception that the Tribunal somehow pronounced a verdict of guilt on Chief Ozekhome. It is therefore necessary to place the relevant excerpts in their proper legal and factual context, so as to demonstrate how the self-same tribunal exonerated Ozekhome.

“Paragraph 98: Once one steps back from that material, and considers the Respondent’s own direct personal knowledge of relevant matters relating to this property, this only commences in 2019. That is, he confirmed, when he was first introduced to Mr. Tali Shani – he thought in about January of that year. He did not therefore know him in 1993, or at any time before January 2019. He could not therefore have any direct knowledge of the circumstances of the purchase of this property, or its management prior to 2019. He had, however, known the late General Useni for over 20 years prior to his death, as both his lawyer and friend.

“Paragraph 103: Such of the Respondent’s written evidence had been about the very recent management of the property, and in particular his dispute over its management (and collection of rents) with one Nicholas Ekhorutowen, who provided no evidence in this case. The Respondent confirmed in oral evidence that it was upon the execution of the powers of attorney that he came into possession of the various pre registration title and conveyancing documents which formed part of his disclosure. These had been handed over to him by the next witness who gave evidence, Mr. Akeem Johnson.

“Paragraph 168: Unlike the fictitious “Ms. Tali Shani”, a man going by the name of Mr. Tali Shani exists and gave evidence before me in that name. A certified copy of an official Nigerian passport was produced both to the Land Registry and this Tribunal, stating that Mr. Tali Shani was born on 2nd April 1973. I do not have the evidence, or any sufficient basis, to find that this document – unlike the various poor and pitiful forgeries on the side of the “Applicant” – is forged, and I do not do so.

“Paragraph 200: First, I find that General Useni, since he was in truth the sole legal and beneficial owner of this property (albeit registered in a false name), must in some way have been connected to this transfer, and to have directed it. He was clearly close to, and on good terms with, the Respondent. There is no question of this being some sort of attempt by the Respondent to steal the general’s property without his knowledge.

“Paragraph 201: As to precisely why General Useni chose to direct this transfer to the Respondent, I do not need to (and indeed cannot) make detailed findings. I consider that it is highly possible that it was in satisfaction of some debt or favour owed. The Respondent initially angrily denied the allegation (made in the various statements filed on behalf of the “Applicant”) that this was a form of repayment of a loan of 54 million Naira made during the general’s unsuccessful election campaign. In his oral evidence, both he and his son then appeared to accept that the general had owed the Respondent some money, but that it had been fully paid off. The general himself, when asked about this, said that he “did not know how much money he owed” the Respondent.

“Paragraph 202: I do not, however, need to find precisely whether (and if so, how much) money was owed. The transfer may have been made out of friendship and generosity, or in recognition of some other service or favour. The one finding I do make, however, is that it was the decision of General Useni to transfer the property to the Respondent.”

It must be emphasised that even where a court finds that a witness has given inconsistent, fluctuating, or implausible testimony, as some have latched on, such a finding does not, without more, translate into civil or criminal liability. At best, it affects the weight and credibility to be attached to such evidence. It does not constitute proof of fraud, conspiracy, or criminal intent. See MANU v. STATE (2025) LPELR-81120(CA) and IKENNE vs. THE STATE (2018) LPELR-446­95 (SC)

Notwithstanding the Tribunal’s engagement with the evidence, certain passages had been selectively extracted and sensationalised by critics. On the ipssisima verba (precise wordings) of the Tribunal, only the above paragraphs which are always suppressed clearly stand out in support of Chief Ozekhome’s case, as the others were more like opinions.

Some paragraphs in the judgement in particular, appear to have been carefully selected as “weapons” in Chief Ozekhome’s enemies’ armoury, as they are most bandied about in the public space. The assumption appears to be that such findings are conclusive of his guilt in a civil property dispute. This is unfortunate, as the presumption of innocence is the bedrock of our adversarial criminal jurisprudence. It is a fundamental right guaranteed under section 36 of the Constitution and Article 7 of the African Charter which, regrettably, appear to have been more observed in the breach in his case.

More fundamentally, the selective reliance on few passages that disagreed with his evidence or testimony and that of Mr. Tali Shani, ignore the above wider and more decisive findings of the Tribunal itself. A holistic reading of the judgment reveals that the Tribunal was far more concerned with exposing an elaborate scheme of impersonation, forgery, and deception orchestrated in the name of a fictitious Applicant, Ms Tali Shani, and not Mr. Tali Shani (Ozekhome’s witness), who is a living human being. These findings, which have been largely ignored in public discourse, demonstrate that the gravamen of the Tribunal’s decision lay not in any indictment of Chief Ozekhome, but in the collapse of a fraudulent claim against him, which was founded on false identity and fabricated documents.

The Tribunal carefully distinguished a fake “Ms” Tali Shani (the Applicant), who said she was General Useni’s mistress and owner of the property, and the real owner, Mr Tali Shani, who was Chief Ozekhome’s witness before the Tribunal. It was the Tribunal’s finding that she was nothing but a phantom creation and therefore rejected her false claim to the property (par. 123). It also rejected the evidence of her so called cousin (Anakwe Obasi) and purported son (Ayodele Obasi) (par. 124).

The Tribunal further found that it was the Applicant and her cohorts that engaged in diverse fraud with documents such as a fraudulent witness statement purportedly from General Useni; all alleged identity documents; fabricated medical correspondence; the statement of case and witness statements; a fake death certificate; and a purported burial notice. (Paragraph 125). Why are these people not concerned with Barrister Mohammed Edewor, Nicholas Ekhoromtomwen, Ayodele Damola, and Anakwe Obasi? Why mob-lynching Chief Ozekhome?

The Tribunal found that the proceedings amounted to an abuse of process and a deliberate attempt to pervert the course of justice. It therefore struck out the Applicant’s claim (Paragraphs 130–165). The Tribunal significantly found that Mr Tali Shani exists as a human being and had testified before it in June, 2024. It accepted a certified Nigerian passport he produced, and accepted its authenticity and validity (Paragraph 168). Can any objective person hold that Ozekhome forged any passport as widely reported by his haters when the maker exists?

Having examined the factual findings of the Tribunal and their proper context, the next critical issue is the legal status and probative value of such findings. The central question, therefore, is whether the observations and conclusions of a foreign tribunal, made in the course of civil proceedings, are sufficient in law to establish civil or criminal liability against a person in subsequent proceedings.

STATUS OF JUDGEMENTS UNDER THE LAW

The relevant statutory provisions in Nigeria are sections 59, 60, 61, 173 and 174 of the Evidence Act 2011, provide as follows, respectively:

Section 59: “The existence of any judgment, order or decree which by law prevents any court from taking cognisance of a suit or holding a trial, is a relevant fact, evidence of which is admissible when the question is whether such court ought to take cognisance of such suit or to hold such trial”;
Section 60(I): “A final judgment, order or decree of a competent court, in the exercise of probate. Matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character. or which declares any person to be entitled to any such character or to be entitled to any specific thing, not as against any specified person but absolutely, is admissible when the existence of any such legal character, or the title of any such legal persons to an) such thing, is relevant (2) Such judgment, order or decree is conclusive proof (a)that any legal character which it confers accrued at the time when such judgment, order or decree came into operation; (b) that any legal character. to which it declares any such person to be entitled. accrued to that person at the time when such judgment order or decree declares it to have accrued to that person; (c) that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and (d) that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment. order or decree declares that it had been or should be his property”;

Section 61: “Judgments, orders or decrees other than those mentioned in section 60 are admissible if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state”

Section 173: “Every judgment is conclusive proof, as against parties and privies. of facts directly in issue in the case, actually decided by the court. and appearing from the judgment itself to be the ground on which it was based; unless evidence was admitted in the action in which the judgment was delivered which is excluded in the action in which that judgment is intended to be proved”.;

Section 174(1): “If a judgment is not pleaded by way of estoppel it is as between parties and privies deemed to be a relevant fact, whenever any matter, which was or might have been decided in the action in which it was given, is in issue, or is deemed to be relevant to the issue in any subsequent proceeding”;

(2):”Such judgment is conclusive proof of the facts which it decides, or might have decided, if the party who gives evidence of it had no opportunity of pleading it as an estoppel”.
It can be seen that the decision of the Tribunal falls under the purview of section 61 of the Evidence Act, as the provisions of sections 59 and 60 and of sections 173 and 174 thereof, are clearly inapplicable to it. In other words, even though some Judge Paton’s findings in respect of Chief Ozekhome’s testimony at the Tribunal relate to matters of public nature (i.e., the provenance and status of No. 79 Randall Avenue, Neasden, London, U.K and the validity of his application for its transfer to him) none of those comments or even findings is in any way conclusive of whatever they may assert or state (to use the language of section 60 of the Evidence Act).

In this regard, see the case of DIKE V NZEKA (1986) 4 NWLR pt.34 pg. 144 @ 159 where the Supreme Court construed similar provisions in section 51 of the old Evidence Act, 1948. I agree with Tar Hon, SAN (S. T. Hon’s Law of Evidence in Nigeria, 3rd edition, page 1041) that the phrase ‘public nature’ in the provision is satisfied where the judgement is clearly one in rem as opposed to in personam. It is pertinent to say a few words about both concepts, as they differ widely in terms of scope. The former determines the legal status of property, a person, a particular subject matter, or object, against the whole world, and is binding on all persons, whether they were parties to the suit or not. See OGBORU V IBORI (2005) 13 NWLR pt. 942 pg. 319 @407-408 per I. T. Muhammed, JCA (as he then was).

This was amplified by the apex court in OGBORU V UDUAGHAN (2012) LLJR -SC, where it held, per Adekeye, JSC that: “A judgment in rem maybe defined as the judgment of a court of competent jurisdiction determining the status of a person or thing as distinct from the particular interest of a party to the litigation. Apart from the application of the term to persons, it must affect the “res” in the way of condemnation forfeiture, declaration, status or title”.

By contrast, “Judgments ‘in personam’ or ‘inter partes’, as the name suggests, are those which determine the rights of parties as between one another to or in the subject matter in dispute, whether it be corporeal property of any kind whatever or a liquidated or unliquidated demand but which do not affect the status of either things or persons or make any disposition of property or declare or determine any interest in it except as between the parties (to the litigation). See HOYSTEAD V TAXATION COMMISSIONERS (1926) A. C. 155. These include all judgments which are not judgments in rem. None of such judgments at all affects any interest which third parties may have in the subject matter. As judgment inter partes, though binding between the parties and their privies, they do not affect the rights of third parties. See CASTRIQUE V IMRIE 141 E. R. 1062; (1870) L. R. 4H. L. 414”.

Suffice it to say that the decision of the London Property Tribunal was, in substance, one affecting proprietary rights in rem, in the sense that it determined the status and registrability of the property in dispute. However, it did not determine any civil or criminal liability, nor did it pronounce on the personal culpability of any party. The implication of this is that, even though the decision was in respect of a matter of a public nature, it was, nonetheless, not conclusive as far as proof of the status of the property, or – more importantly – Chief Ozekhome’s role in relation to it. Indeed, the property involved was not held to have been traced to the owner (General Useni) as having ever tried or convicted for owning same. I submit that the foregoing is the best case scenario in terms of the value of Judge Paton’s said decision, because under section 62 of the Evidence Act, (depending, of course, on its construction), it will fare even worse, as it provides that judgments “other than those mentioned in sections 59. 60 and 61 are inadmissible unless the judgment, etc is a fact in issue or is admissible under some other provision of this or any other Act”.

CONCLUSION

Some people’s usual proclivity to rush to judgment and condemn unheard any person (especially a high profile figure like Chief Ozekhome), has exposed him to the worst kind of unfair pedestrian analysis, malice, mud-slinging and outright name-calling especially by those who, by virtue of their training, ought to know better, and, therefore, be more circumspect, restrained and guarded in their utterances. This is all the more so because, no court of competent jurisdiction has tried or pronounced him guilty. It is quite unfortunate how some select lawyers are baying for his blood.

The decision of the London Tribunal remains what it is: a civil determination on attempted transfer of a property based on the evidence before it. It is not, and cannot be, a substitute for civil or criminal adjudication by a competent court. The presumption of innocence under Nigerian laws remains inviolable. Any attempt by commentators to usurp that judicial function through premature verdicts is not only improper, but inimical to the fair administration of justice.

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Opinion

The Atiku Effect: Why Tinubu’s One-Party Dream Will Never Translate to Votes in 2027

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By Dr. Sani Sa’idu Baba

It is deeply disappointing if not troubling to watch a former governor like Donald Duke accuse Atiku Abubakar of contesting for the presidency “since 1992” without identifying a single provision of the 1999 Constitution of the Federal Republic of Nigeria that such ambition violates. Donald Duke was once widely regarded as one of the most intelligent and forward-thinking leaders of his generation, which makes it even more puzzling to understand what must have come over him to suddenly align with those throwing tantrums at others who are by far more competent, experienced, and eligible than themselves. While I acknowledge that Duke has recently moved to the ADC, the party that Atiku belongs to, Nigerians should not be distracted by his kind of rhetoric.

As former presidential candidate and ADC chieftain Chief Dele Momodu has repeatedly stated, “everyone is afraid of Atiku Abubakar,” particularly as the 2027 presidential election approaches. That fear, according to Momodu, explains the ongoing campaign of calumny against him. Donald Duke’s remarks therefore cannot be separated from this wider effort to diminish a man widely seen as the most formidable opposition figure in Nigeria today.

However, the issue of Donald Duke is not the central purpose of my message today. It is only incidental. The real purpose is to share what should be considered good news for Nigerians, the growing perception among ordinary citizens and the conversations happening daily at junctions, gatherings, markets, campuses, mosques, churches, and in the nooks and crannies of the country. The truth is that Nigerians are largely unbothered by the APC’s one-party state ambition. They are not impressed by forced defections or elite political gymnastics. What occupies their minds instead is the unrelenting presence of opposition, sustained hope, and the quiet but powerful confidence inspired by what has now become known as the “Atiku Effect”.

In my own opinion, which aligns with the thinking of many discerning Nigerians, no one in either the opposition or the ruling camps today appears healthier physically, mentally, socially and politically than Atiku Abubakar. Health is not determined by propaganda or ageism, but by function, resilience, and capacity. As we were taught in medical school, “healthspan, not lifespan, defines vitality,” and “physiological resilience is age-independent.” These principles make it clear that fitness, clarity of thought, stamina, cognitive and physiological reserve matter far more than the number of years lived. By every observable measure, Atiku remains fitter and more grounded than many who are younger but visibly exhausted by power.

It is no longer news that Nigeria is being pushed toward a one-party state through the coercion of opposition governors into the ruling APC. What is increasingly clear, however, is that this strategy reflects anxiety rather than strength. Nigerians understand that governors do not vote on behalf of the people, and defections do not automatically translate into electoral victory. This same script was played before, and history has shown that elite alignment cannot override popular sentiment. Just as it happened in 2015, decamping governors cannot save a sitting president when the people have already reached a conclusion.

This is where the Atiku Effect becomes decisive. Atiku Abubakar represents continuity of opposition, courage in the face of intimidation, and the refusal to surrender democratic space. His consistency reassures Nigerians that democracy is still alive and that power can still be questioned. This is precisely why Dele Momodu’s assertion that “everyone is afraid of Atiku Abubakar” resonates so strongly across the country. It is not fear of noise or recklessness, but fear of discipline, experience, and endurance.

Across Nigeria today, the ruling party is increasingly treated as the most unserious political party in the history of Nigeria, not because it lacks power, but because it lacks credibility. Nigerians know that hunger does not disappear because governors defect, inflation does not bow to propaganda, and hardship does not respond to political coercion. What they see instead is a widening gap between political theatrics and lived reality. In that gap stands Atiku Abubakar, a constant reminder that an alternative voice still exists and that the idea of a one-party state cannot survive where hope remains alive.

Let me say this unapologetically: the one-party project being pursued by the ruling party is dead on arrival. It is dead because Nigerians are politically conscious. It is dead because votes do not move with defections. And above all, it is dead because Atiku Abubakar remains standing, indefatigable, resilient, and central to the national conversation. As long as he continues to challenge bad governance and embody opposition, democracy in Nigeria will continue to breathe. And that, more than anything else, explains why so many are desperately trying and failing to stop him because Atiku Abubakar is a phenomenon and a force that cannot be stopped in 2027…

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

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