The Oracle
The Oracle: Is This the Nigeria of Our Dream? (Pt. 8)
Published
2 years agoon
By
Eric
By Mike Ozekhome
INTRODUCTION
In the last part of this treatise, we concluded our discussion of Colonial Constitutions, after which we considered our range of options on the way forward, including a Sovereign National Conference. We equally x-rayed the imperatives of a new Constitution taking into consideration the experiences of a number of countries (Iraq, Kenya and South Africa) in making of a people’s Constitution. Today, we shall continue our review of countries that adopted a new Constitution through referendum (Iran, Bangladesh, Morocco, Egypt, Eritrea, Tunisia and conclude with the American example. Please read on.
COUNTRIES THAT SUBJECTED THEIR NEW CONSTITUTIONS TO CITIZENS’ REFERENDUM TO GAIN THEIR PEOPLE’S LEGITIMACY AND CREDIBILITY (Continues).
IRAN
THE DECEMBER 1979 IRANIAN CONSTITUTIONAL REFERENDUM
A proposed new Constitution which would make Iran an Islamic Republic, introduce direct elections for the presidency, create a unicameral parliament and require any constitutional changes to go a referendum was proposed by the Iranian Government. To bring this about, a constitutional referendum was held in Iran on 2ndand 3rd December, 1979. The new Islamic constitution was approved by 99.5% of voters at the Referendum.
BANGLADESH
THE 1991 BANGLADESHI CONSTITUTIONAL REFERENDUM
A constitutional referendum was held in Bangladesh on 15th September, 1991. Voters were asked “Should or not the President assent to the Constitution (Twelfth Amendment) Bill, 1991 of the People’s Republic of Bangladesh?” The amendments altered the existing Constitution and reintroduced of Parliamentary system of government. It also abolished the position of Vice-President and provided that the President be elected by Parliament. 83.6% of Bangladeshis voted in the referendum, with a turnout of 35.2%.
MOROCCO
THE 2011 MOROCCAN CONSTITUTIONAL REFERENDUM
A referendum on constitutional reforms was held in Morocco on 1st July, 2011. It was called in response to a series of protests that spread across Morocco which had begun on 20th February, 2011, when over ten thousand Moroccans took to the streets in massive demonstrations demanding democratic reforms. A Commission was set up to draft proposals by June, 2011. A draft was released on 17th June, 2011, which brought about fundamental changes upon people’s referendum.
EGYPT
EGYPT’S NEW CONSTITUTION AND REFERENDUM
In October, 2012, the Egyptian Constituent Assembly announced that its first draft of a new Constitution and launched a public awareness campaign called “Know your Constitution”, to educate the public. On November 29, 2012, the Egyptian Constituent Assembly of finalized the drafting process of a new Egyptian Constitution. One week later, on December 8, 2012, Egyptian President Mohamed Morsi issued a new constitutional declaration announcing that the constitutional draft would be voted on in a national referendum.
In accordance with article 60 of the Transitional Constitutional Declaration of March 2011, a special Judicial Commission was formed to supervise the referendum process and monitor vote counting. The referendum took place in two rounds on two different dates: December 15 and 22, 2012. The majority of Egyptians thus voted in favour of the newly drafted Constitution in a popular National Referendum, a Constitution that brought about profound reforms.
ERITREA
CONSTITUTION MAKING IN ERITREA
The Eritrea’s Proclamation 55/1994 established a Constitutional Commission which organized popular participation in the process of a new Constitution.
The Commission members and more than four hundred specially trained teachers instructed the public on constitutional issues and related political and social questions using local vernaculars. The process took three years to solicit the views of a broad cross section of Eritreans. The participation of a majority of Eritreans gave the people a “sense of ownership of the Constitution”.
TUNISIA
CONSTITUTION OF TUNISIA
Tunisia’s first modern Constitution was the fundamental pact of 1857. This was followed by the Constitution of 1861, which was replaced in 1956, after the departure of French administrators in 1956. It was adopted on 1st June, 1959 and amended in 1999 and 2002, after the Tunisian Constitutional Referendum of 2002. Following the revolution and months of protests, a Constituent Assembly drafted a new Constitution in 2014, adopted on 26th January, 2014 after a referendum.
THE AMERICAN EXAMPLE OF A PEOPLE’S CONSTITUTION
As a great contrast to the 1999 Nigerian experience, when America became independent from Britain in 1776, it held a Constitutional Convention under the leadership of George Washington, between May 14 and September 17, 1776, in Philadelphia, Pennsylvania. 55 delegates represented the autonomous Confederates, with a view to creating a “more perfect union”. Broad outlines of a new union were proposed and hotly debated. This was how the American people achieved a federal system of Government, separation of powers among three branches of Government (Legislative, Executive and Judicial); bicameral, legislature; an Executive presidency; and Judicial Review. The Constitutional draft was signed by 39 of the 55 delegates on September 17, 1787; and thereafter released to the States and the American people to debate and ratify. It was this people’s Constitution that threw up great founders, such as George Washington (first president); Alexander Hamilton, James Madison and John Jay (the Federalists), Thomas Jefferson, etc.
The 1999 Constitutions lacks these. It is not autochthonous or indigenous Being imposed, it worsened the unitary nature of government, and concentrated enormous powers at the centre. While the 1979 Constitution had 67 items on the exclusive legislative list, and 12 items on the concurrent list, the 1999 Constitution increase this to 68 on the exclusive list, but retained only 12 items on the concurrent list. This indicates an unacceptable unbearably strong centre and very weak federating units.
OUR CONCLUSION
The unity, development and peaceful co-existence of Nigeria as a country are currently imperial. Our diversities in area of culture language, tribe, and religion, must be seen by all as a Dolly Parton’s Coat of Many Colours, blessing and not a curse, because variety they say, is the spice of life. Concerted effort must be put in place by formulation of policies and reforms that would help promote national integration and peaceful co-existence. However, one of the strategies that must be pursued to ensure a far-reaching national integration and peaceful co-existence are to create a meeting point that would ensure and enhance integration between one ethnic nationality or tribe and another. One of the ways by which this noble idea can be achieved is by putting up a strong advocacy and support for intertribal land interreligious marriage.
Philosophers, many say, have understood the world, but the problem is to change it. Albert Einsten’s dictum is apposite here: “we cannot solve our problems with the same thinking we used when we created them.”
Hippocrates, the father of medicine, once told us that desperate diseases requires desperate remedies. An economy based on oil and other depleting natural resources is fast becoming obsolete. The global economy is already in the 4th Industrial Revolution or digital age, dominated by Robotics, Artificial intelligence, Machine learning, Virtual reality, Augmented Reality and others. At the moment, Nigeria is largely bypassed and still grappling with the most basic aspects of the old economy. But given its geographic- demographic conundrum, Nigeria has to leapfrog the industrialization value chain or stagnate. Yet its institutions are those woven around the distribution and consumption of oil rents and the old economy. A system designed for consumption cannot be expected to become efficient for competition and production in the 21st century. Sadly, many people miss this point. As Professor Claude Ake once put it, Nigeria operates a disarticulate economy, where we produce what we don’t consume and consume what we don’t produce.
For a change since the military incursion into our body politics, let us sit down and craft a new Constitution that not only provides for a stable, equitable and just polity but even more so focuses on the incentive structure to usher a competitive and productive economy of the future.
Reforms at the meta-level would entail either embracing our discarded Prime Minister system of government or dismantling and recoupling several of the institutions that help or hinder us, including a serious re-examination of the 36 state structure as federating units vis-à-vis their fiscal/economic viability or their consolidation into six or more regions with economies of scale and higher investment rates; multiple vice-presidency representing respective regions other than the region of the president, each with supervising powers over certain ministries to ensure equitable representation at the federal cabinet (the Central Bank has four Deputy Governors for instance); principle of equality of regions; multivariate judicial systems with state/regional appellate courts up to regional supreme courts while the federal supreme court becomes the constitutional court— and this is to decongest the centralized system and guarantee speedy dispensation of justice; introduction of commercial courts for speedy resolution of commercial disputes; institution of merit and equal opportunity principle; etc. This will carry the majority along.
Devolution of functions between the central and federating states/regions should be guided by the principle of subsidiarity. According to the European Charter, subsidiarity means that: “Public responsibilities shall generally be exercised, in preference, by those authorities which are closest to the citizen. Allocation of the responsibility to another authority should weigh up the extent and nature of the task and requirements of efficiency and economy“. This principle is not observed in the 1999 Constitution. For a Constitution that proclaims a federal structure, the exclusive and concurrent lists constitute an atypical concentration of powers at the centre. Currently, the federal government is burdened with hundreds of parastatals and agencies trying to inefficiently micro manage the entire Nigeria, with the recurrent expenditure of the federal government exceeding total federal revenue. Every penny of capital spending by the Federal Government of Nigeria (FGN) is borrowed, and its fiscal position is precarious. Put starkly, not one kobo of oil money is invested in infrastructure by the FGN: it is all consumed by the obtuse federal bureaucracy. The federal government should loosen its hold on policing, electricity (power), railways, ports, aviation, business incorporation, taxation powers, regulatory functions, etc. This will generate the economy.
The greatest challenge is how to get some of the elite whose privileges are provided by the existing system to support its dismantling into a system that is potentially beneficial to ‘society’ but perhaps disproportionately harmful to their interests in the short term. In other words, we are faced with the same kind of conundrum as some western countries with their welfare system. Having designed and implemented it for generations, it has grown into an unsustainable octopus of inefficiency but reforming it is not easy. In the US, millions of voters are hooked to the feeding bottle and its government keeps postponing the day of reckoning by borrowing to keep the system alive (the US, with the global reserve currency can afford to borrow for a while from the rest of the world but Nigeria cannot). Everywhere, such a distributional system has acquired a huge and powerful constituency, and the political cost of dismantling and recoupling is not trivial. There is also an intergenerational issue involved. The present beneficiaries don’t care if the same benefits do not extend to the future generations: they just want to have their share and go, and let the future generations take care of themselves. Nigeria cannot continue to share the national cake without caring how it is baked. (To be continued).
THOUGHT FOR WEEK
“By common endeavor we can raise the country to a new greatness, while
a lack of unity will expose us to fresh calamities”. (Sardar Patel).
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The Oracle
The Oracle: The University As a Catalyst for Societal Development (Pt. 1)
Published
5 days agoon
December 12, 2025By
Eric
By Prof Mike Ozekhome SAN
ABSTRACT
Universities are not merely centres of learning but pivotal institutions that shape and sustain societal transformation. Positioned at the nexus of knowledge, innovation, and culture, they serve as engines of human capital formation, research, and socio-economic development. Their influence extends far beyond academic instruction: in developing societies grappling with political instability, economic challenges, and social inequities, universities have emerged as critical actors in nurturing critical thought, producing socially responsible graduates, and driving social reform. They contribute not only to national progress but also to regional and local development, acting as hubs of expertise, employers of labour, incubators of innovation and integrators of public policy.
By influencing governance, shaping labour market and skills policies, fostering entrepreneurship, and promoting sustainable development, universities play a unique role as catalysts for inclusive growth. Yet, their transformative capacity is often constrained by structural challenges such as underfunding, weak governance, and limited research–industry linkages. Drawing on theoretical perspectives and global best practices, this paper argues that universities can be repositioned as dynamic agents of societal change if granted greater autonomy, strengthened through research investment, and embedded in robust partnerships with government, industry, and civil society. Ultimately, the vitality of a society is mirrored in the strength and responsiveness of its universities.
KEYWORDS: Universities; Societal Transformation; Human Capital Development; Innovation Ecosystems; Higher Education Policy; Governance and Autonomy; Sustainable Development; Civic Engagement; Public Policy Reform.
INTRODUCTION
Different metaphors have long been used to capture the complex relationship between higher education and societal development in concise and memorable ways. The first is mechanical (https://www.researchgate.net/publication/387801956_Universities_as_Catalysts_for_Social_Transformation_in_Developing_Countries#:~:text=The%20role%20of%20universities%20in,also%20in%20driving%20social%20reform> accessed 7 September 2025): higher education is an engine, powerhouse, driver, dynamo, booster, accelerator, or lever of growth and prosperity, suggesting that the pace of regional and national progress is set within the university. The second is biological: universities as hothouses, seedbeds, breeding grounds, spawning places, catalysts, or fermenters, sites where ideas sprout, blossom and reinvigorate society through innovation. The third is network-oriented: universities as nodes, hubs, bridgeheads, mediators, transfer points, or transmission centres, emphasising their role in disseminating knowledge and linking government, industry and communities. Finally, the temporal metaphors portray universities as the spearheads, vanguards, lighthouses, and signposts of transformation, guiding society through periods of change.
Yet the university is not merely a catalogue of metaphors. It is not a mere edifice of stone and chalk, nor simply a marketplace where degrees are traded and rituals observed. It is, in truth, the living citadel of knowledge, the intellectual furnace where the raw ore of youthful potential is refined into the gold of human capital. At its best, the university is both the conscience and the compass of society: diagnosing its maladies, prescribing its cures, and charting its course into the future. To reduce it to a certificate mill is to misunderstand its sacred function and to weaken the very foundations of national development.
Consider, for instance, the metaphor of the catalyst. In the laboratory, a catalyst accelerates transformation without itself being consumed. So too must the university serve as the silent accelerator of societal progress, shaping minds, equipping hands, and moulding character while standing as a permanent reservoir of knowledge, values, and innovation. Through it, theory becomes praxis, and research becomes a weapon against poverty, disease and ignorance.
History testifies to this catalytic role. The Renaissance was mid-wifed by the universities of Bologna, Paris, and Oxford (Wikipedia, History of European Universities, https://en.wikipedia.org/wiki/History_of_European_universities> accessed 7 September 2025); the scientific revolutions that ushered in modernity were incubated within their walls. Even today, the technological marvels that define the twenty-first century from breakthroughs in medicine to advances in engineering and digital innovation are birthed in university laboratories and lecture halls.
But beyond science and technology, the university also shapes culture and character. It produces not only doctors and engineers, but statesmen, reformers and thinkers. It tempers technical knowledge with moral vision, reminding us that wisdom without values can be destructive. It challenges assumptions, disciplines impulses and prepares future leaders not merely for making a living, but for living lives of service and sacrifice.
Thus, when we describe the university as a catalyst for societal development, we are not indulging in rhetorical flourish. We are stating a sober truth: no nation has ever risen above the quality of its universities, and none ever will. The strength of the classroom is reflected in the courtroom, the marketplace, and the parliament. The decay of the university is the decay of the nation itself. If the university rises, society advances; if the university falls, society crumbles. The stakes could not be higher.
DEFINITION OF TERMS
UNIVERSITY
A university is far more than a cluster of buildings where lectures are delivered and examinations conducted. At its core, it is an institution of higher learning and research, uniquely mandated to generate, preserve, and disseminate knowledge across disciplines (Wikipedia, “University” https://en.wikipedia.org/wiki/University#cite_ref-WordNet_Search_u476_1-0 > accessed 8th September 2025). Unlike earlier stages of education, which focus on absorbing established facts, the university emphasizes inquiry, critique, and innovation. It is here that theories are tested, discoveries made, and society furnished with the intellectual capital needed for progress. Rooted in the Latin universitas magistrorum et scholarium (meaning “a community of teachers and scholars”) (https://www.byui.edu/speeches/dallin-hansen/seeking-the-higher-view> accessed 8th September 2025
), the university represents a fellowship of minds devoted to truth, dialogue, and discovery. It is not simply a transmitter of knowledge, but a creator of it, standing as both a timeless custodian of wisdom and a timely responder to the needs of each age.
EDUCATION
Education is the systematic process of imparting and acquiring knowledge, skills, and values; formally or informally. It equips individuals with reasoning ability, judgment, and intellectual maturity. Formal education takes place in structured settings such as schools and universities, while informal education occurs through family, community, and other social interactions. At every level, education provides the foundation for personal growth and societal advancement.
SOCIETAL DEVELOPMENT
Societal development refers to the sustained improvement in a community’s well-being and collective capacity. It encompasses economic growth, improved social structures, access to quality public services, individual empowerment, and institutional strength. True development also requires social inclusion, equity, and sustainability, ensuring that progress today does not compromise the welfare of future generations.
HUMAN CAPITAL DEVELOPMENT
Human capital development is the process of enhancing individuals’ knowledge, skills, health, and productivity to unlock their potential and advance both economic and social progress. It involves deliberate investments in education, training, and healthcare, producing a workforce that is innovative, competitive, and equipped to drive sustainable national growth.
INNOVATION ECOSYSTEM
An innovation ecosystem is a dynamic network of interdependent actors such as entrepreneurs, firms, governments, universities, and investors working collaboratively to transform ideas into impactful solutions (https://share.google/awi0YhHoT1VD7aG4E > Accessed on 9th September, 2025). These ecosystems thrive on continuous interaction, resource sharing, and co-evolution, creating the environment necessary for sustained innovation, economic growth, and societal transformation.
THE HISTORY OF UNIVERSITIES AND TERTIARY INSTITUTIONS GLOBALLY
The idea of the university as we know it today did not emerge in a vacuum. It is the product of centuries of intellectual struggle, cultural refinement, and institutional development. To appreciate its role as a catalyst for societal progress, one must first understand its historical roots and the trajectory of its growth.
Ancient Foundations of Higher Learning
The earliest prototypes of the university can be traced to ancient centers of learning such as the Platonic Academy in Athens, the Library of Alexandria in Egypt, and the great schools of philosophy in India and China. These institutions were not universities in the modern sense, but they established traditions of advanced learning, debate, and preservation of knowledge that influenced later models.
Renaissance Humanism and the Scholarly Revolution
The Renaissance and Enlightenment eras transformed the university into an even more powerful agent of change. Humanism encouraged a rediscovery of classical texts, and universities became custodians of not only religious knowledge but also literature, science, and art. By the 14th and 15th centuries, figures such as Petrarch and Boccaccio began to challenge scholastic traditions, promoting grammar, rhetoric, poetry, moral philosophy, and history as central disciplines. Although humanism initially developed outside the universities—in princely courts, chancelleries, and academies—it soon penetrated academia. By the mid-15th century, humanist scholars like Lorenzo Valla were holding university professorships, and institutions such as Bologna and Florence had created chairs in Greek and humanistic studies.
This infusion of humanism altered the outlook of medicine, law, and philosophy. Medical humanists, for example, used philological techniques to critique both medieval and ancient medical texts, reshaping the discipline. While law and theology resisted transformation, natural philosophy and medicine were deeply influenced. By the 16th century, humanism and universities were intertwined, and their joint legacy paved the way for the Scientific Revolution.
The Rise of the Medieval European University
The University of Bologna, founded in 1088, is widely regarded as the first modern university . It was primarily a law school, devoted to the systematic study of Roman law, which became essential for the administration of European kingdoms. What distinguished Bologna was not merely the subjects taught but also its institutional structure: it was organized as a universitas, a guild of students and masters bound together in the pursuit of knowledge.
In 1150, the University of Paris followed, excelling in theology and philosophy, and soon after came Oxford and Cambridge in England, Salamanca in Spain, and Heidelberg in Germany. These institutions became the intellectual nerve centers of medieval Europe, training clerics, lawyers, physicians, and statesmen. The early universities were deeply intertwined with the Church, which provided both patronage and regulation. Theology was regarded as the “queen of the sciences,” while philosophy, law, and medicine were cultivated under its shadow. Yet, even within this religious framework, universities nurtured critical inquiry. It was within their walls that scholasticism: the rigorous method of logical reasoning, flourished, preparing the intellectual ground for the Renaissance.
To be continued
THOUGHT FOR THE WEEK
“All that is valuable in human society depends upon the opportunity for development accorded the individual”. (Albert Einstein).
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The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 4)
Published
2 weeks agoon
December 5, 2025By
Eric
By Prof .Ike Ozekhome SAN
INTRODUCTION
In our last outing on this treatise, we addressed the operational weaknesses and structural mismanagement of the Police; the failure of internal accountability; collusion of its men with criminal networks; erosion of civil liberties by its illegitimate enforcement practices; and cycle of impunity. And later followed by analysis of the abuse of judicial power as well as executive lawlessness directed at the Bench. We then concluded with suggested pathways and recommendations. Today, we shall continue with the same theme focusing on strengthening judicial independence; institutionalizing a comprehensive anti-corruption framework; enhancing the protection of civil liberties; community-based security initiatives; electoral integrity; transparency in the public sector; protecting vulnerable and marginalized groups as well as institutionalizing a culture of consequences. Enjoy.
Judicial Strengthening and Independence
The Judiciary should be insulated from political interference through secure tenure, adequate remuneration, and independent budgetary control. Court processes must be digitized to reduce delays and enhance transparency. Special courts should be created to fast-track cases of corruption, rights violations, and electoral offences so as to prevent them from being lost in a backlog of other matters.
Comprehensive Anti-Corruption Framework
Anti-corruption agencies must operate without political bias. Investigations and prosecutions should be based solely on evidence, regardless of the political or social standing of the suspect. Asset recovery processes should be transparent, and recovered funds must be channeled directly into public services such as healthcare, education, and infrastructure.
Strengthening of Civil Liberties Protections
Security laws and policies must be reviewed to remove provisions that allow arbitrary arrests, prolonged detention without trial, and excessive surveillance. The rights to free expression, peaceful assembly, and privacy should be reaffirmed through legislation, judicial precedent, and administrative directives. Security personnel should receive specific training on respecting these rights in the course of their duties.
Enhanced Community-Based Security Initiatives
Community policing structures should be developed in partnership with local stakeholders, including traditional leaders, civil society, and youth groups. These initiatives should focus on early conflict detection, intelligence sharing, and non-violent dispute resolution. Proper integration of community policing into the national security architecture can improve trust and cooperation between citizens and the State.
Electoral Integrity and Protection of the Political Process
To reduce politically motivated violence, security forces must adopt a neutral stance in elections and enforce the law impartially. Electoral offenders, including those within security agencies, must face swift prosecution. The deployment of technology in elections, such as biometric verification, should be protected by strong legal safeguards to prevent manipulation. More importantly, the Electoral Act must be urgently amended to include the use of BIVAS, electronic voting and real time transfer of results into IReV.
Public Sector Transparency and Open Data
Transparency in governance can significantly reduce opportunities for abuse of power. All government agencies should be required to publish regular reports on budgets, procurement, and performance indicators. Public access to information should be enhanced through stronger Freedom of Information laws and proactive disclosure of records.
Protection of Vulnerable and Marginalized Groups
Special attention should be given to protecting women, children, marginalized vulnerable persons and minorities and communities, who are disproportionately affected by rights violations and insecurity. Law enforcement and judicial olicers should be trained to handle cases involving such vulnerable groups with sensitivity. Dedicated units within security agencies should be tasked with preventing and responding to gender-based violence, child labour, human trafficking and exploitation.
Institutionalizing a Culture of Consequence
The single most important factor in ending impunity is ensuring that misconduct always attracts consequences. Disciplinary actions, criminal prosecutions and public reporting of case outcomes should become the norm. Political leaders must set the example by submitting themselves to the rule of law. They must lead by example and not by precepts.
CONCLUSION
The challenges confronting Nigeria in the areas of security, protection of citizens’ rights and enforcement of the rule of law are deeply rooted in a pattern of institutional neglect and governance failure. Throughout this work, it has become evident that insecurity in the country is not only result of violent crime or terrorism but also a product of weak and compromised institutions that allow such threats to flourish. When the very institutions tasked with safeguarding the people become unreliable or complicit, the result is a petrified environment where justice is selective, rights are precarious, and the social contract between citizens and the State is broken.
The evidence is clear that insecurity in Nigeria is a multi-dimensional crisis. Political violence undermines democratic processes. Economic hardship is exacerbated by corruption and the diversion of resources. Physical insecurity in many regions persists because law enforcement is either absent or compromised. The deterioration of education and healthcare further exposes the population to long-term instability. Each of these problems is interconnected and magnified by the failure of the justice and enforcement systems to function impartially and effectively.
Civil liberties, guaranteed by the Constitution and supported by international treaties, are repeatedly undermined by arbitrary arrests, unlawful detentions, and the suppression of free expression. When citizens live in fear of those entrusted to protect them, the legitimacy of the State is called into question. A society where speaking out invites retaliation and where wrongdoing by the powerful is met with silence or even approbation cannot claim to uphold the principles of democracy and justice.
The normalization of impunity is perhaps the most dangerous of all the trends identified. Impunity corrodes public trust, emboldens offenders, and creates a culture where breaking the law is not an aberration but an accepted norm of political and social life. Without decisive action to reverse this culture, every other reform will be weakened before it begins to take root.
Nigeria’s peculiar security realities demand a holistic approach. This includes rebuilding law enforcement into a professional, rights-respecting institution, ensuring the judiciary is free from political interference, and creating genuine accountability mechanisms that apply to everyone regardless of status. It also requires an investment in transparency, community trust, and the protection of vulnerable groups who suffer most from both insecurity and rights violations.
The task is undeniably challenging, but it is not impossible. The pathway to a more secure and just Nigeria begins with the recognition that true security cannot exist without justice, and justice cannot thrive without the rule of law. By committing to comprehensive reforms and by holding both leaders and institutions accountable, Nigeria can reclaim the promise of a society where rights are protected, laws are respected, and security is the shared foundation for national progress. In all these, one may ask, where is the Bar and what is its historic role? A once vibrant Association feared by the corrupt and dreaded by all successive governments has since become comatose, hardly responsive to societal needs. Aside many lawyers now professionally practising Bar instead of practising law by oscillating from one office to another over a period of decades, what has the Bar got to show for its continued relevance in terms of interrogating the status quo and challenging impunity? How has the Bar fared in holding governments responsible and accountable to the Nigerian people? Aside converging every year at designated venues for the annual ritual of the AGC, what dividends have we yielded from our usual banal communiqué?
How have we pushed to ensure we engaged the three arms of government to overhaul or at least improve on the status quo? Can we now blame some lawyers who are increasingly feeling disenchanted with the status quo and seek alternative platforms such as the Nigerian Law Society (NLS)? I think not. Colleagues, let us as lawyers and Judges wake up from our deep slumber of complicit silence and stop seeing law solely as a bread-and -butter profession. We must see law from the prism of Professor Dean Roscoe Pound-an instrument of social engineering. Anything short of this is not befitting of the legal profession. (Concluded).
THOUGHT FOR THE WEEK
“We cannot reform institutional racism or systemic policies if we are not actively engaged. It’s not enough to simply complain about injustice; the only way to prevent future injustice is to create the society we would like to see, one where we are all equal under the law”. (Al Sharpton).
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The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 3)
Published
3 weeks agoon
November 28, 2025By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
The last installment of this series continued from where the inaugural one stopped: the analogy of each corpse buried without justice being a clause in the Constitution buried in effigy. It then explained how inequality breeds violence, before moving onto how systemic lapses in law enforcement is the hidden engine of insecurity and erosion of rights. Later, it examined the contrast between constitutional mandate and institutional reality, followed by the politicization and weaponization of law enforcement; corruption as operational culture; and finally operational weaknesses and structural management. The week, we shall continue with same theme, after which we shall delve into the failure of internal accountability; collusion with criminal networks; erosion of civil liberties through enforcement practices; the cycle of impunity; abuse of judicial power and executive lawlessness targeted at the Bench. Thereafter, we shall consider various pathways and recommendations for addressing insecurity, rights protection and institutional weakness. Enjoy.
OPERATIONAL WEAKNESSES AND STRUCTURAL MISMANAGEMENT
Nigeria’s police-to-population ratio remains alarmingly low. With about 371,800 officers serving a population of over 236 million people, the country is well below the United Nations’ recommended benchmark of 222 officers per 100,000 people. This manpower gap severely hampers the Force’s capacity to tackle crime, especially in volatile areas plagued by insurgency and communal violence. To make matters worse, many of the limited officers available are deployed to safeguard high-profile politicians and elites rather than serving the broader public. In rural communities, especially in conflict-affected northern states, residents report waiting hours, sometimes days, for police to respond to distress calls, if they ever respond at all.
Compounding this problem is inadequate training. Many recruits receive minimal exposure to forensic methods, human rights protocols, or community policing principles. As a result, investigative work relies heavily on confessions, which are frequently extracted through coercion or torture. This not only violates constitutional guarantees against inhuman treatment but also produces unreliable evidence that weakens prosecutions.
Logistical deficits are equally damaging. Many police divisions operate without functioning patrol vehicles, secure communication equipment, or modern crime labs. The Inspector General of Police has acknowledged that, outside of Lagos, forensic capability is virtually non-existent. Without scientific investigation, crimes are either left unsolved or result in wrongful arrests, further undermining public trust
FAILURE OF INTERNAL ACCOUNTABILITY
In a functioning democracy, law enforcement personnel are subject to robust oversight, both internally and through independent bodies. In Nigeria, oversight mechanisms exist in name but not in consistent practice. The Police Service Commission (PSC), which is meant to handle recruitment, promotion, and discipline, is itself politically influenced and suffers from inadequate funding. Complaints of misconduct often disappear into opaque disciplinary processes, and there is little transparency about the outcomes.
When abuses are too public to ignore, as with the October 2020 End SARS protests, Commissions of Inquiry are established, testimonies are heard, and reports are submitted. Yet, implementation of recommendations remains rare. In Lagos, for example, despite the panel’s findings implicating specific officers in excessive force and unlawful killings, few have been prosecuted. Instead, many have returned quietly to duty. This pattern sends a dangerous message to the rank-and-file officers: violations carry reputational risk but rarely legal consequence.
COLLUSION WITH CRIMINAL NETWORKS
Perhaps the most alarming dimension of enforcement failure is the documented collusion between security personnel and criminal actors. In the Niger Delta, security forces have been implicated in illegal oil bunkering, the very crime they are deployed to prevent. In parts of the North-West, reports from Amnesty International and local media allege that bandit groups pay “protection fees” to avoid military or police raids.
Such collusion transforms law enforcement from an adversary of crime into a stakeholder in it. This is not merely passive negligence; it is active participation in the shadow economy of insecurity. In these areas, communities quickly learn that reporting crimes may not only be futile but dangerous, as information shared with authorities can be leaked to perpetrators.
EROSION OF CIVIL LIBERTIES THROUGH ENFORCEMENT PRACTICES
The systemic lapses in law enforcement also directly erode civil liberties. Arbitrary arrests, prolonged detentions without trial, suppression of lawful assembly, and harassment of journalists are not isolated acts but part of an entrenched enforcement culture. The constitutional right to personal liberty under Section 35 is regularly violated under the guise of maintaining public order.
Protesters face preemptive crackdowns, often justified by vague references to national security. During the #Revolution Now protests in 2019, dozens of demonstrators were detained, some for weeks, without formal charges. In many cases, court orders for their release were ignored by security agencies, underscoring the absence of legal consequence for disobedience of judicial authority.
This disregard for civil liberties creates a chilling effect on political participation and civic engagement. Citizens learn that speaking out carries personal risk, and self-censorship becomes a survival strategy. Over time, this quietens public dissent, enabling further abuses by both government and non-state actors.
THE CYCLE OF IMPUNITY
The combination of politicization, corruption, operational weakness, and lack of accountability feeds into a self-reinforcing cycle of impunity. Officers learn that their actions are judged not by legality but by political expediency. Politicians, in turn, see law enforcement as a tool to protect themselves and punish adversaries. Criminal networks exploit these gaps, securing protection through bribery or political patronage.
Once entrenched, this cycle is difficult to break. Each unpunished violation becomes a precedent, normalizing the idea that power grants immunity from the law. This normalization spreads beyond law enforcement to other institutions, eroding the very foundations of democratic governance.
THE ABUSE OF JUDICIAL POWER AND EXECUTIVE LAWLESSNESS AGAINST THE BENCH
In a functioning democracy, the judiciary serves as the impartial referee between the powerful and the powerless. It is the last line of defence for the citizen and the final hope for justice. But what happens when that sacred institution itself becomes the object of aggression? What happens when the enforcers of state power turn their weapons not on criminals, but on the judges who interpret the law? Nigeria confronted these very questions in October 2016, when the homes of senior judges across the country were invaded by heavily armed operatives of the Department of State Services under the cover of night.
These raids, carried out in Abuja, Gombe, and Port Harcourt, targeted some of the most senior members of the judiciary, including Justices Walter Onnoghen and Sylvester Ngwuta of the Supreme Court, and Federal High Court judges Adeniyi Ademola and Nnamdi Dimgba. The DSS claimed they were investigating corruption, yet their conduct betrayed a more sinister motive. Homes were stormed in Gestapo fashion, judges were treated like fugitives, and search warrants reportedly carried incorrect names or were not presented at all. The judiciary was under siege. In Rivers State, Governor Nyesom Wike arrived at the residence of one of the judges to intervene and was reportedly shoved, injured, and threatened by DSS operatives. It was not an arrest. It was a constitutional assault.
I spoke firmly and publicly against this invasion. I said then what I still affirm now: the DSS acted outside the bounds of the law. As I told journalists and as reported by Premium Times, the operation was not only illegal and unconstitutional but a dangerous desecration of the rule of law. No agency of government, including the DSS, has the authority to arrest or search the premises of serving judicial officers without going through the National Judicial Council, which is constitutionally empowered to discipline judges. If there are allegations of corruption, there is a process. That process was willfully ignored. What we saw instead was a show of force meant to intimidate and humiliate. It was executive lawlessness under the guise of anti-corruption.
The greatest tragedy, however, was not merely that these events occurred. It was the manner in which they were received. The Bar, which ought to have risen as a united force, was sluggish in its response. Statements were issued, but no real action followed. There were no mass protests, no urgent court filings to challenge the illegality. The judiciary itself offered little more than murmurs of disapproval. That silence was deafening. It spoke to a larger issue: the slow death of institutional courage. When judges are raided in their homes and lawyers look away, then the entire legal profession stands indicted. If we cannot defend our own, how then can we defend the people?
This unfortunate episode also calls into question the internal health of the judiciary. The Nigerian Law Society recently criticized the widespread abuse of power within judicial institutions, pointing to opaque appointments, poor welfare, and inconsistent rulings. According to their statement reported by the Guardian, the lower courts remain underpaid and under-respected, leaving many judicial officers vulnerable to compromise. It is undeniable that some within the judiciary have failed in their duties, and that corruption has indeed crept into its chambers. However, even in the face of that, the remedy is never brute force. It is lawful accountability, constitutional procedure, and institutional reform. The rule of law must never be sacrificed on the altar of expediency.
When security agents raid the homes of judges without due process, they are not upholding the law, they are undermining it. And when the legal community reacts with silence or justification, it invites a repeat. What began with judges will not end there. Such violations set a precedent that can easily extend to journalists, lawmakers, academics, and eventually, ordinary citizens. Today it is the gavel. Tomorrow it will be the pen, the vote, the voice. That is how authoritarianism begins not always with a declaration, but often with silence.
It is not too late to reset the balance. But we must remember that a judiciary that submits to fear is no judiciary at all. A legal profession that only whispers in the face of injustice is unworthy of its robes. We must return to our roots, as defenders of liberty and protectors of due process. Let the judiciary regain its independence, and let the Bar reclaim its courage. Only then can we begin to restore the broken faith between the Nigerian people and the system that was meant to serve them.
PATHWAYS AND RECOMMENDATIONS FOR ADDRESSING SECURITY, RIGHTS PROTECTION, AND INSTITUTIONAL WEAKNESS IN NIGERIA
The challenges outlined in this paper reveal a complex web of governance failures, enforcement gaps and systemic disregard for constitutional rights. Addressing these issues requires deliberate and sustained action across multiple fronts. The following ten pathways provide a practical blueprint for reform.
Reform of Law Enforcement Institutions
The Nigerian Police Force, the Department of State Services, and related agencies need deep structural reforms. Recruitment should be based on merit and integrity rather than political patronage. Training should include human rights education, forensic investigation, and conflict-sensitive community policing. The practice of diverting a large proportion of officers to serve political elites must be stopped so that policing resources are redirected toward public safety.
Creation of Independent Oversight and Accountability Mechanisms
A civilian-led oversight authority should be established with the power to investigate and prosecute cases of misconduct by law enforcement officials. This body must have full access to records, the ability to compel testimony, and legal safeguards for whistleblowers. Its findings should be made public to ensure transparency and build trust. (To be continued).
THOUGHT FOR THE WEEK
“Money and corruption are ruining the land, crooked politicians betray the working man, pocketing the profits and treating us like sheep, and we’re tired of hearing promises that we know they’ll never keep” – Ray Davies
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