The Oracle
The Oracle: The Independence of the Judiciary in a Democratic Dispensation (Pt. 5)
Published
1 year agoon
By
Eric
By Mike Ozekhome
Introduction
In our last discourse, we considered the notion of political independence in the judicial process and the imperatives of insulating the judiciary from such pressures. We also took a look at the importance of economic/fiscal and intellectual independence for judges, as well as how to sanitize the process of their appointment. This week, we shall continue and conclude the process of appointment and then move on to the training and re-training of judges and the role and importance of the rule of law in a democracy. Enjoy.
Appointment
By virtue of section 250(3), 256(3) and 271(3) Constitution of the Federal Republic of Nigeria 1999, a person shall not be qualified to hold office of Chief judge or a judge of the Federal High Court, Chief Judge or a judge of the High court of the Federal Capital Territory and a judge of a High Court of a state, respectively:
“Unless he is qualified to practise as legal practitioner in Nigeria and has been so qualified for a period of not less than ten years”.
We are not really concerned here about the procedure for appointment of High Court judges. What has threatened the system with collapse is the bare assumption in these constitutional provisions that tends to imply that once a person has spent ten years on earth since he/she was called to the Bar, the person automatically has all the intellectual capability to be appointed a judge.
More than anything else, judicial incompetence (encompassing law intellectually, law productively etc) has contributed to rob the Judiciary the necessary intellectual freedom it needs to assert and guard its independence. According to Schewart:
“The quality of justice….depends more upon the quality of the men who administer the law then on the content of the law they administer.” 41
In his keynote address at the recent Bar Conference at Enugu, Chief Afe Babalola, SAN, observed on the constitutional qualification for appointment as a judge as follows:
“This allows great latitude for the appointment of ‘any lawyer’ who has met the ten years requirement regardless of where he is prior to his appointment. This explains why a new wig from the Nigerian Law School who, immediately after his call (and probably Youth Service) went straight to work in a company, multinationals and the life without any experience whatsoever in practice could be and are being appointed as High Court Judge”.
At the swearing in of the new Senior Advocates of Nigeria on Monday, September 8, 2003, the Honourable Attorney-General of the Federation and Minister of Justice, Chief Akin Olujinmi, SAN hinted that more stringent criteria for appointment of judges would be introduced. According to the Chief Law Officer of the Federation:
“We will propose that only those who can furnish evidence of contentious cases they handled in the Supreme Court, Court of Appeal and the High Court within, say, three years preceding their application should be considered for appointment. By so doing, it will be possible to select only seasoned practitioners to occupy positions on the Bench.”
The plan is absolutely welcome! It has been suggested that the list of proposed judges should be made public to enable members of the public who know the prospective judges to object to a proposal with ‘proven documents’. Our only concern here is the yard stick for determining the competence of lower court magistrates and Area Courts who do not practise law. We suggest that a certain number of highly contentious cases they handled with analytical judgments delivered therein be used as a yardstick.
Training and Re-Training
Also critical to the issue of intellectual independence of the Judiciary, is the assurance of training and continued training. This because the National Judicial Institute takes the issue of continued judicial training even more seriously, the high toll on the nation as a result of the blunders of ignorant judges can only be imagined. It manifests in the erosion of public confidence in the Judiciary. As Professor Oluyede rightly observed.
“A gullible public is too ready to jump to the wrong conclusion that a bad judgment delivered by an innocuous judge who has done little or no research must have been influenced by an overbearing Executive.”
in his recently published “Agenda For Justice Sector Reform”, the Honourable Attorney-General of the Federation hinted at plans to make constitutional provisions for an independent body to be known as, Judicial Performance Commission to monitor the work and activities of the entire judicial system. This plan is in the right direction because it has the potential to improve the depth of intellectual independence of Judiciary and ultimately to enhance the realization of an independent and impartial Judiciary.
The Rule of Law
The rule of law means ‘the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power. It excludes the existence of arbitrariness, or prerogative or even discretionary authority on the part of government. According to A.V Dicey, renowned cerebral professor of English Law, we must be ruled by law and law alone. He went further to categorize the doctrine into three aspects. The first aspect, according to him, means.
“The absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, or prerogative or even of wide discretionary authority on the part of government..”
The second of aspect of Dicey’s theory may be summarized as meaning “equality before the law”, and that law is no respecter of person, rank or status. He wrote thus:
“Equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts; the rule of law in this sense excludes the idea of any exemption of officials or others from the duty of obedience to the law which governs other citizens or from the jurisdiction of the ordinary tribunals”.
Finally, the third meaning of the rule of law, according to Dicey, is expressed as follows:
“a formula for expressing the fact that with us the law of the constitution, the rules which in foreign countries naturally form part of a constitutional code, are not the source but the consequence of the rights of individuals as defined and enforced by the courts.”
The rule of law thus envisages the existence of the constitution or some sort of law which shall be bestowed with absolute supremacy overall persons, whether governor or governed. The Supreme Court of Nigeria, in simple prosaic terms, expressed this doctrine in the case of Governor of Lagos State V Ojukwu when it held that:
“The law is no respecter of persons, principalities, governments or powers and the courts stand between the citizens and the government alert to see that the state or government is bound by law and respects the law”.
The Role of the Rule of Law in a Democratic Setting
In our contemporary world, the term “Rule of law” is now a convenient short hand for the full complement of our civil and political rights. That term now denotes the minimum condition of existence in a free, open, humane, civilized and democratic society. It encompasses the following:
a. The supremacy of the law including judicial decisions over all persons and authority in a state
b. The supremacy of the constitution
c. Independence of the judiciary
d. The right to personal liberty
e. Observance of democratic values and practices including’ the freedom of speech, thought, association and the press and regular, free and fair elections as the basis for assuming power in government.
Democracy, which is the indispensable Siamese twin of the rule, is based on two key principles:
i. Popular control over collective decision making and decision makers; and
ii. An equal right to share in the control, i.e. political equality.
However, those key principles require in the modern State, a distinctive set of social components for their realization. They are:
a. Free and fair elections, to provide the platform for popular control over government;
b. Open and accountable government, guaranteeing continuous public accountability;
c. Sanctity of the rule of law, upheld by independent courts;
d. Civil and political rights and freedoms, enabling citizens to associate freely with others, to express divergent or unpopular views and to find their own solutions to collective problems;
e. A democratic society, or societal conditions for democracy:
• Agreement on nationhood within the current national or state boundaries.
• Independent and accountable institutions of civil society.
• A democratic culture.
From the above, it is indubitable that democracy without rule of law is tantamount to wholesale arbitrariness. This much was admirably captured by Professor Nwabueze when he subjected the concepts of constitutional democracy and arbitrary rule to considerable thoughts. According to him:
“Constitutional government recognizes the necessity for government but insists upon a limitation being placed upon its powers. It connotes in essence therefore a limitation on government; it is the antithesis of arbitrary rule, its opposite is despotic government, the government of will instead of law”.
In Nwabueze’s view, a constitutional, popular government connotes not just a government under constitution, but rather government under a constitution which has force of a supreme, overriding law, and which imposes limitations upon it. He went further to conclude that. “in practical terms, constitutionalism, democracy and the rule of law are practised in a country where the government is genuinely accountable to an entity or organ distinct from itself, where elections are freely held on a wide franchise at frequent intervals, where political groups are free to organize in opposition to the government in office and where there are effective legal guarantees of fundamental civil liberties enforced by an independent judiciary.
Thought for the Week
“The judicial wheel is rounded with equality, oiled with honour and functions smoothly with honesty – principally when both members of the Bench and Bar shoulder their responsibilities seriously”. (Munindra Misra).
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The Oracle
The Oracle: The University As a Catalyst for Societal Development (Pt. 2)
Published
2 days agoon
December 19, 2025By
Eric
Prof Mike Ozekhome SAN
INTRODUCTION
The inaugural installment of this treatise was foundational, commencing (suitably enough) with an overview of relevant terms (“University”, “education” “societal/human capital development”, “innovation ecosystem”, “etc). We later develved into a brief history of universities and tertiary education in general worldwide. Today, we shall continue same focusing on Nigeria as an entity. Enjoy.
THE HISTORY OF UNIVERSITIES AND TERTIARY INSTITUTIONS GLOBALLY (Continues)
Universities and the Scientific Revolution
By the 17th and 18th centuries, universities had become laboratories of scientific discovery (https://courses.lumenlearning.com/suny-hccc-worldhistory2/chapter/the-popularization-of-science/> Accessed on 8th September, 2025). Figures such as Galileo, Newton, and Descartes advanced theories that challenged established doctrines. Universities shifted from preserving old knowledge to producing new insights that fueled the Industrial Revolution. While continental universities in Italy, Germany, and Scotland became central to scientific teaching and research, the English universities of Oxford and Cambridge remained more conservative, with much of the scientific activity shifting to metropolitan institutions like the Royal Society. Nevertheless, the scientific revolution fundamentally redefined the university’s role as an engine of discovery.
The German Research University and the Modern Model
The 19th century introduced another pivotal model: the German research university, most famously represented by the University of Berlin under Wilhelm von Humboldt (https://en.wikipedia.org/wiki/Humboldt_University_of_Berlin> Accessed on 8th September, 2025). This model emphasized the unity of teaching and research, academic freedom, and the pursuit of truth for its own sake. It gave birth to the modern research university, where laboratories, libraries, and seminar systems became central. This template spread globally and remains the backbone of contemporary higher education.
Africa’s Pioneering Intellectual Heritage
Although the structures of modern higher education in Africa are often associated with European colonial frameworks (https://files.eric.ed.gov/fulltext/EJ1079222.pdf> Accessed on 8th September, 2025), it is misleading to assume that advanced learning began only with colonial intervention. Long before the imposition of Western-style universities, Africa nurtured sophisticated systems of education at multiple levels, ranging from informal community instruction to highly organized institutions that rivaled, and in some cases preceded, their European counterparts.
One of the earliest and most celebrated centers of scholarship on the continent was the Academy of Alexandria, sometimes described as the Universal Museum Library, which flourished between the 4th century BC and the 7th century AD. This institution served as both a repository of knowledge and a vibrant intellectual hub, attracting scholars from across the Mediterranean and beyond. Within its walls, philosophy, mathematics, astronomy, medicine, and literature were studied in ways that shaped intellectual developments far beyond Africa’s borders.
Africa also gave birth to universities that remain monuments of global intellectual history. The University of al-Qarawiyyin, established in 859 AD in Fez, Morocco, is widely regarded as the oldest continuously operating degree-awarding university in the world. Not long after, in 970 AD, al-Azhar University in Cairo (see: Times Higher Education, “Al-Azhar University”, https://www.timeshighereducation.com/world-university-rankings/al-azhar-university > Accessed on 8th September, 2025) was founded, growing into one of the most influential centers of Islamic learning. Both institutions not only preserved knowledge but also generated new streams of thought, producing scholars whose works shaped jurisprudence, philosophy, theology, and the sciences across Africa, the Arab world, and Europe.
In West Africa, the city of Timbuktu (see: Emnet Tadesse Woldegiorgis, “The Changing Role of Higher Education in Africa: A Historical Reflection” Higher Education Studies 3(6) ), rose to prominence between the 12th and 16th centuries as one of the world’s most important centers of learning. The famed Sankore Madrasah and other scholarly institutions attracted thousands of students who engaged in studies ranging from law and theology to astronomy, mathematics, and medicine. The thousands of surviving manuscripts from Timbuktu attest to a sophisticated academic tradition that connected Africa to a global network of learning.
Equally remarkable is the intellectual legacy of Ethiopia, which developed a distinctive scholarly tradition anchored in its unique script, Ge’ez. For over 2,700 years, Ethiopia maintained systems of elite education within monastic schools, theological academies, and royal courts . This enduring heritage emphasized literacy, history, philosophy, and religious thought, ensuring that Ethiopia remained one of the most resilient centers of indigenous knowledge on the continent.
Taken together, these examples demonstrate that Africa was by no means a passive recipient of education. Rather, it was a pioneer and custodian of intellectual traditions that shaped civilizations both within and beyond its borders.
HISTORY OF UNIVERSITIES AND TETIARY EDUCATION IN NIGERIA
The history of university education in Nigeria began with the establishment of Yaba Higher College in 1930 (Yusuf Adulrahman, “Historical-Chronological Emergence of Universities in Nigeria: The Perspectives in ‘Colomilicivilian’ Periodization” https://www.researchgate.net/publication/342247766_Historical-Chronological_Emergence_of_Universities_in_Nigeria_The_Perspectives_in_’Colomilicivilian’_Periodization accessed 7 September 2025, the first institution of its kind in the country. At the time, other forms of post-secondary training were also introduced in government departments—such as agriculture at Moor Plantation in Ibadan and Samaru near Zaria, veterinary science at Vom, and engineering in Lagos. The Yaba College offered courses in fields like civil engineering, agriculture, medicine, surveying, teaching, and later, commerce and forestry. Its main purpose was to train Africans for junior administrative and technical roles, thereby reducing reliance on expensive European expatriates.
However, the college faced criticism, particularly from Nigerian nationalists. Its goals were seen as narrow compared to a full university; its diplomas lacked international recognition; and its graduates were limited to junior posts, unlike their British counterparts who advanced to higher civil service levels. This fueled stronger agitation for a true university in Nigeria.
In response, the Asquith and Elliot Commissions of 1943 were set up to review higher education across West Africa (N.Okoji, “The History and Development of Public Universities in Nigeria Since 1914” International Journal of Education and Evaluation 2(1) 2016). While the majority recommended three new university colleges (in Ibadan, Achimota, and the Gold Coast), the minority proposed a single college at Ibadan with regional feeder institutions. With the Labour Party’s victory in Britain, the minority view was adopted. Thus, in 1948, the University College, Ibadan, affiliated with the University of London, was established as Nigeria’s first university-level institution.
Further expansion came after independence. The Ashby Commission of 1959 projected Nigeria’s manpower and educational needs and recommended broader access to higher education. Following its proposals, several universities were founded: the University of Nigeria, Nsukka (1960) (Nigeria’s first autonomous university with an American orientation) followed by the University of Ife (now Obafemi Awolowo University, 1962), Ahmadu Bello University, Zaria (1962), and the University of Lagos (1962). By the same year, the University College Ibadan became a full-fledged university. Collectively, these five institutions are known as Nigeria’s “first-generation universities.”
Expansion continued with the University of Benin in 1970, later recognized by the National Universities Commission. During the Third National Development Plan (1975–1980), the federal government created seven additional universities—at Calabar, Jos, Maiduguri, Sokoto, Ilorin, Port Harcourt, and Kano—known as the “second-generation universities.” (ThisDayLive, “Endangered Universities: The Way Out” https://www.thisdaylive.com/2022/08/29/endangered-universities-the-way-out/ accessed 07 September 2025)
By the 1980s, with the creation of 19 states, the federal government sought geographical balance by approving universities of technology in states without federal universities (see: Bolupe Awe, “Quality and Stress in Nigerian Public Universities” 2020 American Journal of Educational Research 8(12). This marked the further spread of higher education across Nigeria, solidifying the university system as a central pillar of national development.
To be continued…
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The Oracle
The Oracle: The University As a Catalyst for Societal Development (Pt. 1)
Published
1 week agoon
December 12, 2025By
Eric
By Prof Mike Ozekhome SAN
ABSTRACT
Universities are not merely centres of learning but pivotal institutions that shape and sustain societal transformation. Positioned at the nexus of knowledge, innovation, and culture, they serve as engines of human capital formation, research, and socio-economic development. Their influence extends far beyond academic instruction: in developing societies grappling with political instability, economic challenges, and social inequities, universities have emerged as critical actors in nurturing critical thought, producing socially responsible graduates, and driving social reform. They contribute not only to national progress but also to regional and local development, acting as hubs of expertise, employers of labour, incubators of innovation and integrators of public policy.
By influencing governance, shaping labour market and skills policies, fostering entrepreneurship, and promoting sustainable development, universities play a unique role as catalysts for inclusive growth. Yet, their transformative capacity is often constrained by structural challenges such as underfunding, weak governance, and limited research–industry linkages. Drawing on theoretical perspectives and global best practices, this paper argues that universities can be repositioned as dynamic agents of societal change if granted greater autonomy, strengthened through research investment, and embedded in robust partnerships with government, industry, and civil society. Ultimately, the vitality of a society is mirrored in the strength and responsiveness of its universities.
KEYWORDS: Universities; Societal Transformation; Human Capital Development; Innovation Ecosystems; Higher Education Policy; Governance and Autonomy; Sustainable Development; Civic Engagement; Public Policy Reform.
INTRODUCTION
Different metaphors have long been used to capture the complex relationship between higher education and societal development in concise and memorable ways. The first is mechanical (https://www.researchgate.net/publication/387801956_Universities_as_Catalysts_for_Social_Transformation_in_Developing_Countries#:~:text=The%20role%20of%20universities%20in,also%20in%20driving%20social%20reform> accessed 7 September 2025): higher education is an engine, powerhouse, driver, dynamo, booster, accelerator, or lever of growth and prosperity, suggesting that the pace of regional and national progress is set within the university. The second is biological: universities as hothouses, seedbeds, breeding grounds, spawning places, catalysts, or fermenters, sites where ideas sprout, blossom and reinvigorate society through innovation. The third is network-oriented: universities as nodes, hubs, bridgeheads, mediators, transfer points, or transmission centres, emphasising their role in disseminating knowledge and linking government, industry and communities. Finally, the temporal metaphors portray universities as the spearheads, vanguards, lighthouses, and signposts of transformation, guiding society through periods of change.
Yet the university is not merely a catalogue of metaphors. It is not a mere edifice of stone and chalk, nor simply a marketplace where degrees are traded and rituals observed. It is, in truth, the living citadel of knowledge, the intellectual furnace where the raw ore of youthful potential is refined into the gold of human capital. At its best, the university is both the conscience and the compass of society: diagnosing its maladies, prescribing its cures, and charting its course into the future. To reduce it to a certificate mill is to misunderstand its sacred function and to weaken the very foundations of national development.
Consider, for instance, the metaphor of the catalyst. In the laboratory, a catalyst accelerates transformation without itself being consumed. So too must the university serve as the silent accelerator of societal progress, shaping minds, equipping hands, and moulding character while standing as a permanent reservoir of knowledge, values, and innovation. Through it, theory becomes praxis, and research becomes a weapon against poverty, disease and ignorance.
History testifies to this catalytic role. The Renaissance was mid-wifed by the universities of Bologna, Paris, and Oxford (Wikipedia, History of European Universities, https://en.wikipedia.org/wiki/History_of_European_universities> accessed 7 September 2025); the scientific revolutions that ushered in modernity were incubated within their walls. Even today, the technological marvels that define the twenty-first century from breakthroughs in medicine to advances in engineering and digital innovation are birthed in university laboratories and lecture halls.
But beyond science and technology, the university also shapes culture and character. It produces not only doctors and engineers, but statesmen, reformers and thinkers. It tempers technical knowledge with moral vision, reminding us that wisdom without values can be destructive. It challenges assumptions, disciplines impulses and prepares future leaders not merely for making a living, but for living lives of service and sacrifice.
Thus, when we describe the university as a catalyst for societal development, we are not indulging in rhetorical flourish. We are stating a sober truth: no nation has ever risen above the quality of its universities, and none ever will. The strength of the classroom is reflected in the courtroom, the marketplace, and the parliament. The decay of the university is the decay of the nation itself. If the university rises, society advances; if the university falls, society crumbles. The stakes could not be higher.
DEFINITION OF TERMS
UNIVERSITY
A university is far more than a cluster of buildings where lectures are delivered and examinations conducted. At its core, it is an institution of higher learning and research, uniquely mandated to generate, preserve, and disseminate knowledge across disciplines (Wikipedia, “University” https://en.wikipedia.org/wiki/University#cite_ref-WordNet_Search_u476_1-0 > accessed 8th September 2025). Unlike earlier stages of education, which focus on absorbing established facts, the university emphasizes inquiry, critique, and innovation. It is here that theories are tested, discoveries made, and society furnished with the intellectual capital needed for progress. Rooted in the Latin universitas magistrorum et scholarium (meaning “a community of teachers and scholars”) (https://www.byui.edu/speeches/dallin-hansen/seeking-the-higher-view> accessed 8th September 2025
), the university represents a fellowship of minds devoted to truth, dialogue, and discovery. It is not simply a transmitter of knowledge, but a creator of it, standing as both a timeless custodian of wisdom and a timely responder to the needs of each age.
EDUCATION
Education is the systematic process of imparting and acquiring knowledge, skills, and values; formally or informally. It equips individuals with reasoning ability, judgment, and intellectual maturity. Formal education takes place in structured settings such as schools and universities, while informal education occurs through family, community, and other social interactions. At every level, education provides the foundation for personal growth and societal advancement.
SOCIETAL DEVELOPMENT
Societal development refers to the sustained improvement in a community’s well-being and collective capacity. It encompasses economic growth, improved social structures, access to quality public services, individual empowerment, and institutional strength. True development also requires social inclusion, equity, and sustainability, ensuring that progress today does not compromise the welfare of future generations.
HUMAN CAPITAL DEVELOPMENT
Human capital development is the process of enhancing individuals’ knowledge, skills, health, and productivity to unlock their potential and advance both economic and social progress. It involves deliberate investments in education, training, and healthcare, producing a workforce that is innovative, competitive, and equipped to drive sustainable national growth.
INNOVATION ECOSYSTEM
An innovation ecosystem is a dynamic network of interdependent actors such as entrepreneurs, firms, governments, universities, and investors working collaboratively to transform ideas into impactful solutions (https://share.google/awi0YhHoT1VD7aG4E > Accessed on 9th September, 2025). These ecosystems thrive on continuous interaction, resource sharing, and co-evolution, creating the environment necessary for sustained innovation, economic growth, and societal transformation.
THE HISTORY OF UNIVERSITIES AND TERTIARY INSTITUTIONS GLOBALLY
The idea of the university as we know it today did not emerge in a vacuum. It is the product of centuries of intellectual struggle, cultural refinement, and institutional development. To appreciate its role as a catalyst for societal progress, one must first understand its historical roots and the trajectory of its growth.
Ancient Foundations of Higher Learning
The earliest prototypes of the university can be traced to ancient centers of learning such as the Platonic Academy in Athens, the Library of Alexandria in Egypt, and the great schools of philosophy in India and China. These institutions were not universities in the modern sense, but they established traditions of advanced learning, debate, and preservation of knowledge that influenced later models.
Renaissance Humanism and the Scholarly Revolution
The Renaissance and Enlightenment eras transformed the university into an even more powerful agent of change. Humanism encouraged a rediscovery of classical texts, and universities became custodians of not only religious knowledge but also literature, science, and art. By the 14th and 15th centuries, figures such as Petrarch and Boccaccio began to challenge scholastic traditions, promoting grammar, rhetoric, poetry, moral philosophy, and history as central disciplines. Although humanism initially developed outside the universities—in princely courts, chancelleries, and academies—it soon penetrated academia. By the mid-15th century, humanist scholars like Lorenzo Valla were holding university professorships, and institutions such as Bologna and Florence had created chairs in Greek and humanistic studies.
This infusion of humanism altered the outlook of medicine, law, and philosophy. Medical humanists, for example, used philological techniques to critique both medieval and ancient medical texts, reshaping the discipline. While law and theology resisted transformation, natural philosophy and medicine were deeply influenced. By the 16th century, humanism and universities were intertwined, and their joint legacy paved the way for the Scientific Revolution.
The Rise of the Medieval European University
The University of Bologna, founded in 1088, is widely regarded as the first modern university . It was primarily a law school, devoted to the systematic study of Roman law, which became essential for the administration of European kingdoms. What distinguished Bologna was not merely the subjects taught but also its institutional structure: it was organized as a universitas, a guild of students and masters bound together in the pursuit of knowledge.
In 1150, the University of Paris followed, excelling in theology and philosophy, and soon after came Oxford and Cambridge in England, Salamanca in Spain, and Heidelberg in Germany. These institutions became the intellectual nerve centers of medieval Europe, training clerics, lawyers, physicians, and statesmen. The early universities were deeply intertwined with the Church, which provided both patronage and regulation. Theology was regarded as the “queen of the sciences,” while philosophy, law, and medicine were cultivated under its shadow. Yet, even within this religious framework, universities nurtured critical inquiry. It was within their walls that scholasticism: the rigorous method of logical reasoning, flourished, preparing the intellectual ground for the Renaissance.
To be continued
THOUGHT FOR THE WEEK
“All that is valuable in human society depends upon the opportunity for development accorded the individual”. (Albert Einstein).
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The Oracle
The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 4)
Published
2 weeks agoon
December 5, 2025By
Eric
By Prof .Ike Ozekhome SAN
INTRODUCTION
In our last outing on this treatise, we addressed the operational weaknesses and structural mismanagement of the Police; the failure of internal accountability; collusion of its men with criminal networks; erosion of civil liberties by its illegitimate enforcement practices; and cycle of impunity. And later followed by analysis of the abuse of judicial power as well as executive lawlessness directed at the Bench. We then concluded with suggested pathways and recommendations. Today, we shall continue with the same theme focusing on strengthening judicial independence; institutionalizing a comprehensive anti-corruption framework; enhancing the protection of civil liberties; community-based security initiatives; electoral integrity; transparency in the public sector; protecting vulnerable and marginalized groups as well as institutionalizing a culture of consequences. Enjoy.
Judicial Strengthening and Independence
The Judiciary should be insulated from political interference through secure tenure, adequate remuneration, and independent budgetary control. Court processes must be digitized to reduce delays and enhance transparency. Special courts should be created to fast-track cases of corruption, rights violations, and electoral offences so as to prevent them from being lost in a backlog of other matters.
Comprehensive Anti-Corruption Framework
Anti-corruption agencies must operate without political bias. Investigations and prosecutions should be based solely on evidence, regardless of the political or social standing of the suspect. Asset recovery processes should be transparent, and recovered funds must be channeled directly into public services such as healthcare, education, and infrastructure.
Strengthening of Civil Liberties Protections
Security laws and policies must be reviewed to remove provisions that allow arbitrary arrests, prolonged detention without trial, and excessive surveillance. The rights to free expression, peaceful assembly, and privacy should be reaffirmed through legislation, judicial precedent, and administrative directives. Security personnel should receive specific training on respecting these rights in the course of their duties.
Enhanced Community-Based Security Initiatives
Community policing structures should be developed in partnership with local stakeholders, including traditional leaders, civil society, and youth groups. These initiatives should focus on early conflict detection, intelligence sharing, and non-violent dispute resolution. Proper integration of community policing into the national security architecture can improve trust and cooperation between citizens and the State.
Electoral Integrity and Protection of the Political Process
To reduce politically motivated violence, security forces must adopt a neutral stance in elections and enforce the law impartially. Electoral offenders, including those within security agencies, must face swift prosecution. The deployment of technology in elections, such as biometric verification, should be protected by strong legal safeguards to prevent manipulation. More importantly, the Electoral Act must be urgently amended to include the use of BIVAS, electronic voting and real time transfer of results into IReV.
Public Sector Transparency and Open Data
Transparency in governance can significantly reduce opportunities for abuse of power. All government agencies should be required to publish regular reports on budgets, procurement, and performance indicators. Public access to information should be enhanced through stronger Freedom of Information laws and proactive disclosure of records.
Protection of Vulnerable and Marginalized Groups
Special attention should be given to protecting women, children, marginalized vulnerable persons and minorities and communities, who are disproportionately affected by rights violations and insecurity. Law enforcement and judicial olicers should be trained to handle cases involving such vulnerable groups with sensitivity. Dedicated units within security agencies should be tasked with preventing and responding to gender-based violence, child labour, human trafficking and exploitation.
Institutionalizing a Culture of Consequence
The single most important factor in ending impunity is ensuring that misconduct always attracts consequences. Disciplinary actions, criminal prosecutions and public reporting of case outcomes should become the norm. Political leaders must set the example by submitting themselves to the rule of law. They must lead by example and not by precepts.
CONCLUSION
The challenges confronting Nigeria in the areas of security, protection of citizens’ rights and enforcement of the rule of law are deeply rooted in a pattern of institutional neglect and governance failure. Throughout this work, it has become evident that insecurity in the country is not only result of violent crime or terrorism but also a product of weak and compromised institutions that allow such threats to flourish. When the very institutions tasked with safeguarding the people become unreliable or complicit, the result is a petrified environment where justice is selective, rights are precarious, and the social contract between citizens and the State is broken.
The evidence is clear that insecurity in Nigeria is a multi-dimensional crisis. Political violence undermines democratic processes. Economic hardship is exacerbated by corruption and the diversion of resources. Physical insecurity in many regions persists because law enforcement is either absent or compromised. The deterioration of education and healthcare further exposes the population to long-term instability. Each of these problems is interconnected and magnified by the failure of the justice and enforcement systems to function impartially and effectively.
Civil liberties, guaranteed by the Constitution and supported by international treaties, are repeatedly undermined by arbitrary arrests, unlawful detentions, and the suppression of free expression. When citizens live in fear of those entrusted to protect them, the legitimacy of the State is called into question. A society where speaking out invites retaliation and where wrongdoing by the powerful is met with silence or even approbation cannot claim to uphold the principles of democracy and justice.
The normalization of impunity is perhaps the most dangerous of all the trends identified. Impunity corrodes public trust, emboldens offenders, and creates a culture where breaking the law is not an aberration but an accepted norm of political and social life. Without decisive action to reverse this culture, every other reform will be weakened before it begins to take root.
Nigeria’s peculiar security realities demand a holistic approach. This includes rebuilding law enforcement into a professional, rights-respecting institution, ensuring the judiciary is free from political interference, and creating genuine accountability mechanisms that apply to everyone regardless of status. It also requires an investment in transparency, community trust, and the protection of vulnerable groups who suffer most from both insecurity and rights violations.
The task is undeniably challenging, but it is not impossible. The pathway to a more secure and just Nigeria begins with the recognition that true security cannot exist without justice, and justice cannot thrive without the rule of law. By committing to comprehensive reforms and by holding both leaders and institutions accountable, Nigeria can reclaim the promise of a society where rights are protected, laws are respected, and security is the shared foundation for national progress. In all these, one may ask, where is the Bar and what is its historic role? A once vibrant Association feared by the corrupt and dreaded by all successive governments has since become comatose, hardly responsive to societal needs. Aside many lawyers now professionally practising Bar instead of practising law by oscillating from one office to another over a period of decades, what has the Bar got to show for its continued relevance in terms of interrogating the status quo and challenging impunity? How has the Bar fared in holding governments responsible and accountable to the Nigerian people? Aside converging every year at designated venues for the annual ritual of the AGC, what dividends have we yielded from our usual banal communiqué?
How have we pushed to ensure we engaged the three arms of government to overhaul or at least improve on the status quo? Can we now blame some lawyers who are increasingly feeling disenchanted with the status quo and seek alternative platforms such as the Nigerian Law Society (NLS)? I think not. Colleagues, let us as lawyers and Judges wake up from our deep slumber of complicit silence and stop seeing law solely as a bread-and -butter profession. We must see law from the prism of Professor Dean Roscoe Pound-an instrument of social engineering. Anything short of this is not befitting of the legal profession. (Concluded).
THOUGHT FOR THE WEEK
“We cannot reform institutional racism or systemic policies if we are not actively engaged. It’s not enough to simply complain about injustice; the only way to prevent future injustice is to create the society we would like to see, one where we are all equal under the law”. (Al Sharpton).
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