The Oracle

The Oracle: The Role of Courts in Enforcement of Judgments (Pt. 2)

Published

3 months ago

January 10, 2025

Eric

By Prof Mike Ozekhome SAN

Introduction

We commenced this episode last week with a definition of the court and its functions. We also looked at the meaning of judgement, the different kinds of judgements and the modalities for enforcing monetary judgements. Today we shall continue and conclude with the role of the court in enforcing judgements. Enjoy.

Modalities for Enforcement of Monetary judgments (continues)

Afterwards, the sales of the property can only occur at the expiration of 15 days from date of attachment, unless the judgment debtor requests otherwise in writing. The above application for a writ of fi fa is initiated by way of a motion on notice.

Garnishee Proceedings

A garnishee proceeding is when the judgment debtor has money due to him in possession of another person, such as Bank or other financial institutions. Under this procedure, the court will order that third party or the financial institution; the garnishee, based on an application filed by the judgment creditor (the garnishor) to pay the judgment debtor’s money in their possession to the to the court. The court upon receipt of the money from the third party shall subsequently pay it to the judgment creditor as settlement of the judgment debt (See Sections 83 – 92 of the Sheriff and Civil Processes Act.).

The judgment creditor initiates this process through a motion ex parte, for an order nisi, which is a conditional order, compelling the garnishee to appear before the court and show reasonable cause why he should not be made to pay the debt to the creditor. If the garnishee fails to show cause, an order nisi may be made absolute and the sum awarded will be judgment will be enforceable against him, as if he were the judgment debtor and the appropriate writ of execution may be issued against him.

Judgment Summons

Under the Judgment summon the judgment creditor initiates the process to court for the issuance of a judgment debtor summons, and invites the debtor to court to answer, on oath, questions as to his means. (Section 55, of the Sheriff and Civil Processes Act).

Pursuant to section 63, of the Sheriff and Civil Processes Act, the outcome of the invitation are:

– The judgment debtor may be committed to prison for failure to settle debt, when it is on record that he refused to pay the money deliberately.

– The court may give an order attaching his property for sale.

– The court may give an order for payment in installments.

– The court may give an order for the discharge of judgment debtor from prison.

Sequestration

An application for sequestration can be initiated at a High Court (See Section 82 of the SCPA). It is similar to a writ of Fi Fa, but, in sequestration, the intention is not to sell the property or transfer title, but to appoint “commissioners” to enter the judgment debtor’s immovable property for the purpose of collecting and keeping the rent or profits accruing on the property, or to seize the property and detain until the judgment debtor clears himself of contempt. Until the court makes an order that is contrary to this, which may often times be for the debt be settled out of the funds obtained (Order 11 Rule 9 of the Judgment Enforcement Rules).

Judgment for Possession

Judgment for possession is when the judgment obtained is for possession of the property which was in dispute before the court. Under this possessory judgment, there are various modes of enforcement, just the way it is in the monetary judgment. The modes of enforcement are as follow:

Writ of Possession: Writ of possession applies to cases of recovery of premises. Recovery of possession in this regard is more than the possession between landlords and tenants. Writ of possession cannot be issued by the court, until the expiration of the day the judgment debtor is ordered to give possession of the land. but were there exists no such day, the court may order possession at the expiration of 14 days from the day judgment entered (Order IV Rule 1(1) of the Judgment Enforcement Rules).

Warrant of Possession: The process of warrant of possession applies to recovery of premises between landlords and tenants. This process is adopted by the landlord in recovery the premises from the tenant in line with the order of court.

Committal Order: Under the Committal Order, the judgment debtor may at times be committed to prison until he obeys the judgment and/or delivers possession of the property Section 72 of the Sheriff and Civil Process Act).

Judgment for The Delivery of Goods

This is where the judgment obtained is for the delivery of goods from the judgment Debtor to the judgment Creditor. The modes of enforcement are the same with the mode of enforcement in the judgment of possession.

The Role Of The Courts In The Enforcement Of Judgment

The role of courts in the enforcement of judgments is critical to ensuring that legal judgments are upheld and that parties comply with court judgments, orders, rulings and decisions. The courts in Nigeria have several roles in enforcing judgments. However, before such enforcements take place the court shall have made and order, ruling or entered a judgment as the case maybe. A judgment is a final decision of the court that settles the dispute between or amongst the disputing litigants by determining the obligations and rights of either of the parties. Court judgments can be classified into in personam, in rem or qusiin rem. Judgments of courts are legally enforceable.

These are some roles a court may adopt in enforcing judgments; here are key aspects of these roles, which include but not limited to the following:

Judgment Enforcement Mechanisms: Courts provide various mechanisms for enforcing judgments, including writs of execution, garnishment, and attachments. These tools allow the winning party to collect what is owed to them.

Hearing Enforcement Actions: Courts hear motions and applications related to the enforcement of judgments. If a debtor fails to comply with a judgment, the creditor can petition the court for assistance, and the court will evaluate the evidence and circumstances.

Contempt of Court: If a party fails to comply with a court order, the court may hold them in contempt. This can lead to penalties, including fines or imprisonment, to compel compliance.

Judicial Oversight: Courts oversee the enforcement process to ensure it complies with the law. They ensure that enforcement actions are lawful and do not violate rights or due process.

Mediation and Alternative Dispute Resolution: Courts may encourage or require mediation to resolve enforcement disputes, helping parties come to an agreement without further litigation.

Appeals and Judicial Review: If a party disagrees with the enforcement actions taken by the court, they may have the right to appeal. Courts review the enforcement decisions to ensure they align with legal standards.

Equitable Relief: In some cases, courts can provide equitable relief, such as injunctions, to prevent a party from taking actions that would undermine the judgment.

Support for Creditor Rights: Courts protect the rights of creditors, ensuring that they have a fair opportunity to collect debts owed under a judgment.

Public Policy Considerations: Courts must balance individual rights with public policy, ensuring that enforcement actions do not infringe on fundamental rights while promoting the rule of law.

Issuing of summons, writs, warrants, and subpoenas, orders of attachment, freezing of assets, Injunctions and Garnishee proceedings.

The role of the courts in the enforcement of a judgment is one and the same as the role of the courts in obtaining the judgment itself. It is of no use for a judgment creditor to secure a judgment and not enforce the said judgment against the judgment debtor. This is because, none enforcement of the judgment may deny the judgment creditor the fruit or benefit of this judgment. The role of the court is the importance of the mechanisms of enforcement as enlightened.

All the procedures for the enforcement and execution of judgments, whether monetary, possessory or recover of land, all of which were succinctly explained above, are designed to assist the judgment creditor to reap the benefit of the judgment, through the powers vested in the court by the Constitution of Federal Republic of Nigeria and other various Rules of Courts (Federal and States) to hear the applications brought and argued before it.

It should be worthy of note, that the court will not just on its own perform or carryout the enforcement and/or execution processes just because the judgment was entered in that same court or in a court of coordinate jurisdiction. Therefore, an assiduous judgment creditor and his lawyer is expected to adopt any of the procedures explained above, that suits the type of judgment secured against the judgment debtor. In adopting the processes, the judgment creditor shall file the necessary application before the court and argue same. It is only when the court is satisfied with the submission put forward by the judgment creditor to demonstrate his entitlement in the reliefs granted, that the court will go ahead to act in the line with the laws the application was brought pursuant to.

However, where a Court is called upon to enforce its judgment or the judgment of another Court, the enforcing Court cannot blindly and sheepishly follow the dictates and interpretation of the judgment creditor or his counsel and enforce the judgment based on such dictates. Rather, it is the duty of the enforcing Court to enforce the terms of the judgment as expressed by the Court in its judgment. See IGBADOO & ANOR V. KEYSTONE BANK LTD, (2021) LPELR-52677(CA).

It is trite that an order for the enforcement of a valid judgment of a Court of law must address exactly what the judgment being enforced decided. The exact terms of the judgment cannot be varied and must be enforced in exactly the same terms as was determined. See IGBOKOYI V LAWAL (2013) LPELR-27.

Therefore, it is very succinct to state that the role and duty of the court in enforcing judgment is as contained in the above judicial pronouncements, which is for the court to act strictly in accordance with the contents of the judgment.

Secondly, the courts are empowered under the Constitution of Federal Republic of Nigeria, 1999, and under the various High Courts (Federal or States) Rules to entertain the applications filed by the judgment creditor as well as the judgment debtor. The court is duty bound to look at all the processes no matter how stupid the application may look. In law the failure by a Court which is under a duty to hear and determine every application before it no matter how frivolous it may be failed in its duty to render impartial and fair justice to the parties before it and such an unjust judgment reached in utter breach of the right to fair hearing of the Appellant or any party for that matter is a nullity and nothing valid or worth anything can come out from such a null judgment. See Ani V. Nna & Ors (1996) 4 NWLR (Pt.440) 101 @ p. 120.

CONCLUSION

Having regards to the above paper, it is correct to state that the role of the court is to determine applications brought before it by the judgment creditor for enforcement of judgment. In hearing and determining the applications, the court must be an unbiased umpire and act in accordance with the law and not emotions. It should be home in mind that a Court of law is expected to hold the scale of justice evenly as an unbiased umpire whose jurisdiction is to evaluate the evidence presented from both sides of the legal divide. See OGBULI & ANOR v. OGBULI & ANOR (2007) LPELR-8129(CA).

In concluding one can say that in the administration of justice a court cannot really enforce a judgment until it has officially made an order, a ruling or entered a judgment of the court and if the affected party refuses to obey then enforcement proceedings can be initiated against such a party. There are also enabling powers enshrined in the various enactments that ensure and empower the role of courts to enforce their judgments. In performing its role of enforcing judgments the courts also the jurisdiction to stipulate a time within which judgment, order or ruling is to be complied with.

There is a limitation period for enforcing courts’ judgments in Nigeria and it varies depending on the type of judgment and whether it’s a local or foreign judgment. In the case of local judgments it is twenty-four [24] months and in the case of foreign judgments it is twelve [12] months. However, under the provisions of the 2004 Act, a foreign judgment can be enforced at any time within six [6] years from the date it was delivered.

Courts play a vital role in the enforcement of judgments, orders, ruling and legal decisions by providing mechanisms for collection, ensuring compliance, overseeing the process, and resolving disputes that arise during enforcement. Their involvement is essential for maintaining the rule of law, protecting the rights of parties, the integrity of the legal system and ensuring that justice is served.

In summarizing, conflicting judgments could as is always the case; most of the time complicates judicial proceedings, including garnishee actions, requiring careful resolution through appeals and the application of legal doctrines. The Attorney-General plays a crucial role in representing the state’s interests, by providing legal advice, intervening when necessary, and ensuring that garnishee proceedings are conducted fairly and in accordance with the law. This role is essential in maintaining the rule of law, equity, the integrity of the judicial system and protecting public interest.

(Concluded).

Thought for the week

“The power I exert on the court depends on the power of my arguments, not on my gender – Sandra Day O’Connor

The Oracle

The Oracle: Evaluating Nigeria’s Political Leadership Since 1960 and Rhythms of Corruption (Pt. 7)

Published

7 days ago

April 11, 2025

Eric

By Prof Mike Ozekhome SAN

INTRODUCTION

In our last episode, we x-rayed the following sub-themes: insecurity: the Boko Haram Insurgency and the rise of banditry; corruption: a persistent problem; the Tinubu era: corruption issues and the challenge of reform; the allegations: a cloud over the presidency and then the early signs: continuity or change? today we shall take a look at the effect of the fuel subsidy removal by the Tinubu administration; a lingering struggle: corruption’s unyielding grip; the quest for change continues and finally we shall attend to fashion out a path forward for Nigeria’s political leadership and anti-corruption efforts. Read on.

THE FUEL SUBSIDY REMOVAL CONTROVERSY

In an effort to address Nigeria’s perennial fiscal challenges, Tinubu announced the removal of the longstanding fuel subsidy soon after assuming office. For decades, the government had subsidized the cost of petrol to make it affordable for Nigerians, but this policy had become increasingly unsustainable, costing the government billions of dollars each year. The subsidy system was also riddled with corruption, as fuel importers and government officials routinely inflated the subsidy claims to pocket the excess (The Guardian. (2012). Nigeria fuel subsidy scheme: $6bn lost to corruption. The Guardian. <https://www.theguardian.com/world/2012/apr/19/nigeria-fuel-subsidy-scheme-corruption>. Assessed on the 19th of September, 2024.).

Tinubu’s decision to eliminate the subsidy was widely seen as necessary from an economic standpoint but sparked widespread protests across the country. The immediate effect was a sharp increase in the price of petrol, which disproportionately affected Nigeria’s poorest citizens (ibid). The government’s failure to adequately explain how the savings from the subsidy removal would be reinvested into public services only deepened public suspicion. Many Nigerians questioned whether the savings from the subsidy removal would be used to benefit the people or whether they would disappear into the same corrupt networks that had historically profited from Nigeria’s oil wealth.

In response to public outcry, Tinubu’s administration promised to invest the funds from the subsidy removal in infrastructure, healthcare, and education, but skepticism remained high. After years of government failures to deliver on such promises, many Nigerians doubted whether Tinubu could break the cycle of corruption and mismanagement. As one protester remarked, “We’ve heard these promises before, and we’re still waiting for them to come true.”

A LINGERING STRUGGLE: CORRUPTION’S UNYIELDING GRIP

As Tinubu’s presidency progressed, it became clear that addressing corruption would require more than just policy announcements or high-profile arrests. The systemic nature of corruption in Nigeria rooted in decades of weak institutions, patronage networks, and the politicization of key sectors meant that any serious reform effort would require a sustained and comprehensive approach.

While Tinubu continued to tout his anti-corruption agenda, the early signs suggested that old patterns were difficult to break. Appointments of loyalists to critical positions, accusations of inflated contracts, and the lack of transparency in government dealings indicated that corruption remained deeply entrenched in Nigeria’s political fabric.

As Nigeria approached the midway point of Tinubu’s first term, the jury was still out on whether his administration would deliver the substantive reforms needed to curb corruption. While there was hope among some that Tinubu’s political acumen and experience could lead to positive changes, many others remained skeptical. The challenge for the Tinubu administration was clear: it had to prove that it could not only survive the weight of its past but also deliver a future where corruption no longer defined the Nigerian experience.

As the Nigerian proverb warns, “A tree cannot make a forest.” For Tinubu’s anti-corruption efforts to succeed, it would require not just strong leadership but a collective, national effort to rebuild trust in Nigeria’s institutions and governance systems. Whether or not this would be achieved remained to be seen, but the stakes for Nigeria’s future had never been higher.

THE QUEST FOR CHANGE CONTINUES

As Nigeria entered the mid-2020s, the country remained at a crossroads. The challenges of corruption, insecurity, economic inequality, and weak governance were as pressing as ever. While there had been moments of hope and progress, the road to meaningful change remained long and fraught with obstacles.

The Buhari administration, like those before it, had made strides in some areas but had ultimately been unable to deliver the transformative change that Nigerians so desperately craved. As the nation looked to the future, the question remained: Can Nigeria finally break free from the cycles of corruption, mismanagement, and insecurity that have plagued it for decades? Or will the promise of change remain elusive?

As the Nigerian proverb goes, “No matter how long the night, the day will surely come.” The hope for a better Nigeria still burns brightly in the hearts of its people, but the journey toward that brighter day remains uncertain.

A PATH FORWARD FOR NIGERIA’S POLITICAL LEADERSHIP AND ANTI-CORRUPTION EFFORTS

1. Strengthen and Reform Institutions to Combat Corruption

A key reason for the persistence of corruption in Nigeria is the weakness of its institutions. Anti-corruption bodies such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) have often been undermined by political interference and a lack of autonomy. Strengthening these institutions is crucial to ensuring that they can function independently, without fear or favour. To achieve this, laws must be enacted to shield anti-corruption agencies from political pressures, ensuring that their leadership is selected through transparent and merit-based processes. Additionally, judicial reforms are necessary to expedite corruption trials, many of which drag on for years. Specialized anti-corruption courts could help fast-track cases and prevent wealthy or influential individuals from using legal delays to avoid justice. Transparency in public financial management, particularly in sectors such as oil and gas, must also be prioritized. Regular, independent audits of government accounts and resources, with publicly accessible reports, will foster accountability and deter corrupt practices.

2. Foster Political and Electoral Reforms

Corruption in Nigeria is often exacerbated by flawed electoral processes that undermine democracy and allow political leaders to assume office without true accountability to the people. Nigeria’s Independent National Electoral Commission (INEC) must be reformed to ensure greater transparency and independence, reducing the opportunity for electoral manipulation and rigging. Introducing electronic voting systems and biometric verification for voters will minimize fraudulent voting and enhance the credibility of elections. Moreover, political campaigns must be regulated through strict enforcement of campaign finance laws to prevent the undue influence of money in politics. By limiting the amount of money individuals or organizations can contribute to campaigns, Nigeria can prevent its political processes from being dominated by wealthy elites with vested interests. It is also crucial to consider decentralizing power from the federal government to state and local levels, fostering competition and creating more local checks on the use of public resources.

3. Invest in Civic Education and Youth Engagement

Nigeria’s youth have emerged as a significant force for change, as demonstrated by the #EndSARS movement, which harnessed the power of digital platforms to demand greater accountability from the government. To capitalize on this energy, the government must invest in civic education to empower young people with knowledge about their rights and responsibilities as citizens. Educating the populace about the dangers of corruption and their role in governance will help cultivate a culture of accountability and active citizenship. Furthermore, creating avenues for youth participation in political processes will ensure that their voices are not only heard but also reflected in policy decisions. Mentorship programs and political internships for young Nigerians can help foster a new generation of leaders committed to transparency and good governance, reducing the reliance on traditional political elites who are often implicated in corruption.

4. Promote Economic Diversification and Job Creation

Nigeria’s over-reliance on oil revenues has fueled corruption, as the country’s political elites have competed for control of the wealth generated by this single resource. To reduce the incentives for corrupt practices, Nigeria must diversify its economy by investing in sectors such as agriculture, technology, and manufacturing. Diversification will not only help the country stabilize its economy against fluctuations in global oil prices but will also create more opportunities for employment, particularly for the country’s young and growing population. Job creation is key to reducing poverty, a major driver of corruption at the grassroots level. When citizens have stable economic prospects, they are less likely to engage in corrupt activities for survival. The government should also provide more support for small and medium-sized enterprises (SMEs), as these businesses have the potential to drive economic growth and reduce the dependency on government contracts, which are often riddled with corruption.

5. Strengthen Accountability and Whistleblower Protections

A major challenge in Nigeria’s fight against corruption is the lack of accountability mechanisms and the fear of retaliation for those who speak out against corrupt practices. To address this, the government should establish and enforce robust whistleblower protection laws that encourage individuals to report corruption without fear of retribution. Whistleblowers play a crucial role in exposing corrupt practices, but many are reluctant to come forward due to the risk of personal and professional harm. Adequate protections must include legal immunity for whistleblowers, as well as financial incentives for those who provide substantial information leading to the recovery of stolen assets. Additionally, holding public officials accountable through regular asset declarations and lifestyle audits will deter corruption. Government officials should be required to declare their assets publicly, and any discrepancies should be investigated thoroughly. This will send a clear message that no one is above the law and that public office is a responsibility, not an opportunity for personal enrichment.

These recommendations, if implemented, could help address the systemic corruption that has plagued Nigeria’s political leadership since independence. However, they require sustained political will, broad public support, and strong enforcement to be truly effective. (To be continued).

THOUGHT FOR THE WEEK

“Outstanding leaders go out of their way to boost the self-esteem of their personnel. If people believe in themselves, it’s amazing what they can accomplish”. (Sam Walton).

The Oracle

The Oracle: Nigeria’s Political Leadership Since 1960 and Rhythms of Corruption (Pt. 2)

Published

2 weeks ago

April 4, 2025

Eric

By Prof Mike Ozekhome SAN

Introduction

In the first part of this article, we examined the nexus between leadership and corruption, after which we embarked on a brief historical review of our political leadership from the pre independence period to the First Republic. Today, we shall examine how the first republic was aborted by the military coup and its push-back (the counter-coup) and how ethnic tensions preceeded the civil war which followed afterwards.

Thereafter, we shall trace the persistent trajectory of corruption through the ensuing thirteen years of military rule up to our 2nd experience of democracy between 1979 and 1983; the Buhari-Idiagbon military era (and its preference for draconian decrees) which was later replaced by the seemingly benevolent/benignly regime of our first (and only) military president, Ibrahim Babangida. Enjoy.

MILITARY COUPS: THE END OF THE FIRST REPUBLIC

By 1966, the situation had reached a boiling point. The civilian government, unable to control the escalating violence and political instability, was overthrown in Nigeria’s first military coup. On January 15, 1966, a group of young army officers, mostly of Igbo extraction, assassinated key political leaders, including Prime Minister Tafawa Balewa, Northern Premier Ahmadu Bello, and Western Premier Samuel Akintola.

Major Chukwuma Kaduna Nzeogwu, the leader of the coup, declared that the military intervention was necessary to rid the country of corruption, tribalism, and political mismanagement. In his words, “We must halt this rigged dancing competition where the winner is pre-determined before the music even begins.” However, rather than halting Nigeria’s downward spiral, the coup plunged the country into even deeper turmoil.

The coup was widely perceived in the north as an Igbo conspiracy to dominate Nigeria, especially since key northern leaders were among the casualties while the Igbo-dominated Eastern Region’s leaders remained untouched (see Wikipedia contributors. (n.d.). Nigerian Civil War. Wikipedia. <https://en.wikipedia.org/wiki/Nigerian_Civil_War>. Assessed on the 19th of September, 2024.). The result was a counter-coup in July 1966, led by northern officers, which culminated in the assassination of the new head of state, General Aguiyi-Ironsi, who was Igbo. Lieutenant Colonel Yakubu Gowon, a northern Christian, assumed leadership. What followed was a period of intense ethnic violence, particularly targeted against Igbos living in the northern regions. Tens of thousands of Igbos were massacred in what some historians consider a precursor to the Nigerian Civil War (ibid).

ETHNIC TENSIONS AND THE ROAD TO CIVIL WAR

As Nigeria lurched from one crisis to another, the dream of a united nation began to fade. The period from 1966 to 1967 was marked by intense negotiations to prevent the breakup of the country (ibid). However, the killing of Igbos in the north created a mass exodus of Igbos back to the Eastern Region. The regional military governor of the east, Colonel Odumegwu Ojukwu, declared the secession of the Eastern Region, naming it the Republic of Biafra in May 1967 (Lewis, P. (2007). Oil, politics, and economic change in Indonesia and Nigeria. University of Michigan Press. p. 78. ISBN 9780472024742.). In his declaration, Ojukwu framed the conflict as a matter of survival for the Igbo people, stating that “We are humans. We live. We fight, fight because the decision to be free is a decision taken freely and collectively, because to become involved in violent struggle for freedom is the only honour left to an oppressed people threatened with genocide, because in the final analysis the only true bulwark against death is to live. Biafra rejects death…Biafra lives” (Brittle Paper. (2014). 9 powerful quotes by Ojukwu on the history of Biafra and the revolution. Brittle Paper. <https://brittlepaper.com/2014/06/9-powerful-quotes-ojukwu-history-biafra-revolution/>. Assessed on the 19th of September, 2024.).

Gowon, on the other hand, insisted on the unity of Nigeria. To him, allowing Biafra to secede would set a dangerous precedent for other regions, potentially leading to the disintegration of the entire country. His famous declaration that “There is no basis for a Nigerian nation, except the will to stay together” encapsulated the fragile nature of Nigeria’s unity.

What followed was a brutal civil war that lasted from 1967 to 1970, with millions of lives lost, particularly on the Biafran side which killed an estimated 500,000 to 3,000,000 people (see Encyclopaedia Britannica. (n.d.). Nigerian Civil War. Encyclopaedia Britannica. <https://www.britannica.com/topic/Nigerian-civil-war>. Assessed on the 19th of September, 2024.). The images of starving children from Biafra became a symbol of the horrors of the war, drawing international attention. The war ended with Biafra’s surrender in 1970, and Gowon’s government famously declared that there was “no victor, no vanquished.” (Origins. (2020). The Nigerian Civil War: Remembering Biafra, 50 years later. Origins: Current Events in Historical Perspective. https://origins.osu.edu/milestones/nigerian-civil-war-biafra-anniversary. Assessed on the 19th of September, 2024.). However, the scars of the war would linger, deeply affecting Nigeria’s political trajectory in the years to come.

CORRUPTION: A PERSISTENT THEME

While the political landscape of Nigeria was shaped by ethnic tensions and military coups, corruption quickly became a persistent theme in its governance. From the early years of the First Republic, political leaders were accused of using their positions to enrich themselves at the expense of the people (Republic. (2023). Political party financing in Nigeria. Republic. <https://republic.com.ng/February-March-2023/political-party-financing-in-nigeria/>. Assessed on the 18th of January, 2025.). A report by Nigeria’s Coker Commission of Inquiry in 1962 found that Chief Obafemi Awolowo’s government in the Western Region had used public funds to finance the operations of his political party, the Action Group. This was just one of many scandals that eroded public trust in the political class.

The military leaders who took over after the coup of 1966 were not immune to corruption either. While they came to power with promises of cleaning up the political mess, they quickly became entangled in the same web of patronage and self-interest. Gowon’s government, despite overseeing the end of the civil war and initiating efforts to “rebuild” the nation, was plagued by accusations of financial impropriety. Nigeria’s sudden oil wealth, thanks to the oil boom of the 1970s, only made matters worse (Ogunmodede, T. A., & Egunjobi, F. (2018). Historical analysis of Boko Haram insurgency and terrorism in Nigeria.Open Access Library Journal, 5(2), 1-13. <https://www.scirp.org/journal/paperinformation?paperid=83885>. Assessed on the 19th of September, 2024.). As one critic put it, “Nigeria is not suffering from poverty; it is suffering from the mismanagement of wealth.” (Ucha, C. (2010). Poverty in Nigeria: Some dimensions and contributing factors. American University. <https://www.american.edu/cas/economics/ejournal/upload/ucha_accessible.pdf>. Assessed on the 19th of September, 2024).

THE ERA OF MILITARY DOMINATION: AUTHORITARIANISM AND DEEPENING CORRUPTION (1980-1999)

The Military Marches In: Power Through the Barrel of a Gun

By the dawn of the 1980s, Nigeria had seen more coups than it had enjoyed democratic elections. The post-colonial optimism of the early 1960s had withered, leaving behind a country caught in the throes of military domination. The soldiers who had come to “save” Nigeria from the divisive politics of the First Republic now found themselves enmeshed in the very corruption, tribalism, and mismanagement they had sworn to eradicate. The rise of military rule in Nigeria was not an accident but a consequence of a fractured political system, made worse by economic mismanagement and elite-driven greed. As the Nigerian saying goes, “He who rides the tiger cannot dismount without being devoured.” The military, having tasted power, found it too tempting to give up.

After General Yakubu Gowon’s ouster in July of 1975, the military era took a sharp turn with the ascension of General Murtala Mohammed, a brash and energetic leader determined to right the ship of state. However, his tenure was cut short when he was assassinated in an attempted coup just six months into his rule, throwing the country once again into uncertainty. His deputy, General Olusegun Obasanjo, succeeded him and became the first military ruler to hand over power voluntarily to a civilian government in 1979, paving the way for Nigeria’s Second Republic. However, this democratic experiment was brief, as the nation soon returned to military rule in 1983, beginning what many call the “era of authoritarianism.” (Ameh, A. O., & Oghojafor, B. E. A. (2014). Leadership theories and Nigeria’s development crisis: A retrospective view. CORE. <https://core.ac.uk/download/pdf/328106737.pdf>. Assessed on the 17th of January, 2025)

THE SECOND REPUBLIC: A FRAGILE DEMOCRACY

Nigeria’s Second Republic (1979-1983) came into existence amid cautious optimism. Obasanjo’s transition to civilian rule was lauded as a step toward stability, and Alhaji Shehu Shagari became the first democratically elected president of the Second Republic. Shagari’s government inherited a country rich in oil but mired in problems: poverty, ethnic divisions, and, most alarmingly, widespread corruption.

Oil was the lifeblood of Nigeria’s economy by this time, providing over 90% of the nation’s foreign exchange earnings (Chinweze, C. (2018). Analysis of the impact of oil spills and the Niger Delta crisis on Nigeria’s external relations. World Maritime University Dissertations. https://commons.wmu.se/cgi/viewcontent.cgi?article=3304&context=all_dissertations. Assessed on the 19th of September, 2024.). However, rather than being a blessing, this black gold became a curse. The government, flush with oil wealth, mismanaged the windfall, while politicians lined their pockets and patronage networks flourished. As one critic noted, “The Nigerian government is like a leaking basket filled with oil money the more you pour in, the more it spills out.”

During the Shagari administration, corruption became rampant, with large-scale embezzlement and looting of public funds HistoryVille. (2020). President Shehu Shagari: The honest man who was overthrown in a coup. HistoryVille. <https://www.thehistoryville.com/president-Shehu-Shagari/>. Assessed on the 19th of September, 2024.). Public projects were over-inflated, contracts were awarded to friends and allies, and government officials lived in opulence while the majority of Nigerians languished in poverty. A popular Nigerian proverb, “The goat eats where it is tied,” describes this situation perfectly. In the Nigerian political landscape, leaders and their close associates devoured the resources of the state with reckless abandon. The atmosphere of greed became so pervasive that when the oil prices collapsed in the early 1980s, plunging Nigeria into an economic crisis, the government was too crippled by corruption to provide meaningful solutions.

THE BUHARI-IDIAGBON ERA: WAR AGAINST INDISCIPLINE

On December 31, 1983, the military once again intervened. Major General Muhammadu Buhari and his deputy, Brigadier Tunde Idiagbon, overthrew the Shagari administration, accusing it of corruption and economic mismanagement. In his first speech as head of state, Buhari made his intentions clear: “Since what happens in any society is largely a reflection of the leadership of that society, we deplore corruption in all its facets. This government will not tolerate kick-backs, inflation of contracts and over-invoicing of imports etc. Nor will it condone forgery, fraud, embezzlement, misuse and abuse of office and illegal dealings in foreign exchange and smuggling.”

Buhari’s military regime was marked by an aggressive anti-corruption campaign. His government launched the “War Against Indiscipline” (WAI), a series of policies aimed at reforming the moral fabric of Nigerian society announced in March 1984 by Tunde Idiagbon, the Chief of Staff, Supreme Headquarters and the launch event was held at Tafawa Balewa Square to much fanfare. Public officials were arrested and tried for corruption, and draconian laws were introduced to curb societal vices like tardiness and disorder. Citizens could be flogged publicly for breaking queues, and civil servants faced harsh penalties for lateness. To Buhari and Idiagbon, discipline was the key to Nigeria’s recovery. (To be continued).

THOUGHT FOR THE WEEK

“We will not agree on every issue. But let us respect those differences and respect one another. Let us recognize that we do not serve an ideology or a political party; we serve the people.”. – John Lynch.

LAST LINE

God bless my numerous global readers for always keeping faith with the Sunday Sermon on the Mount of the Nigerian Project, by humble me, Prof Mike Ozekhome, SAN, CON, OFR, FCIArb., LL.M, Ph.D, LL.D, D.Litt, D.Sc, DHL, DA. Kindly come with me to next week’s exciting dissertation.

The Oracle

The Oracle: Senator Jonah Jang: A Legacy of Leadership, Service and Fidelity

Published

3 weeks ago

March 29, 2025

Eric

By Prof Mike Ozekhome SAN, CON, OFR, FCIArb, LL.D.

PROLOGUE: THE BIRTH OF A WARRIOR

In the quiet hills of Du,in the quiet surburbs of Plateau State, a child was born on the 13th of March, 1944. On this day in 2025,that young boy turned 81.The winds of destiny had blown softly that morning, carrying with them the whispers of unannounced greatness. Little did the world know that this little baby, a retired German,US and Nigerian-trained Air Commodore and former Military Governor of old Benue and Gongola states ( the latter now Adamawa and Tarsba state),Sen Jonah David Jang, CON,would one day carve his name in the annals of Nigerian history. He did so not just as a soldier; not just as a governor; not just as a pilot and Airforce officer; not just as a Senator;but also as a towering figure whose life truly exemplifies the true testament of character, honour, resilience, courage and divine purpose.

From an early age, Jonah Jang was not like other children. There was a spark in his little eyes, a quiet but unmistakable determination that spoke of something greater than the ordinary. He was not one to simply watch life unfold before him.He had a smouldering fire, a hunger, an insatiable desire to make an impact on the society.
Raised in a rural land where tradition met with the harsh realities of modernity and survival, Jang quickly learnt that life was nothing but a battlefield and that only those with an unyielding spirit and unflagging determination could emerge victorious. Jang’s faith was his compass; his discipline his armour; and his patriotic zeal his drive.His destiny though not yet revealed by then, was already being woven into the very fabric of his being.

So when the military came calling, Senator Jang like an eagle drawn to the winds, hugged it and fiercely soared. Trained in West Germany,the Nigerian Defence Academy and the United States, Governor Jang was not just another recruit; he was a moving force to be reckoned with. His time in the Nigerian Air Force shaped him into the warrior he was meant to be. Rising through the ranks to Wing Commander, he mastered the skies, not just as a pilot, but as a leader of men and material, a strategist and a man who understood that power was a responsibility and nit just an ornamental privilege.

FROM THE MILITARY TO THE POLITICAL FIELD

Fate is hardly ever predictable. Destiny always remains wrapped in the belly of mother nature. Jang did not know he had been born to do more than merely serve in uniform. His mission was not yet complete. The battlefield had shifted from the skies of war and bombs to the slippery battlefield of governance. So, like a general stepping into unfamiliar terrain, he gingerly took his first tender steps into politics, a new world where wars were fought not with weapons and brute force, but with conversation, consultation, wisdom, willpower and an unwavering resolve to manage challenges of betrayal, perfidy, duplicity and treachery.

THE GOVERNOR WHO DARED TO DREAM
“Where there is no vision, the people perish.” – Proverbs 29:18.

Leadership is not for the faint-hearted, and politics, especially in Nigeria, is not for the weak and cowardly. Jonah Jang soon learnt this when he became a two-term Governor of Plateau State between 2007 and 2015. He did not take the seat as an imperious ruler; he took it as a servant of the people.For him, leadership was a calling, a sacred duty to restore dignity, to uplift the downtrodden and to leave behind a legacy that would stand the test of time.

Plateau State, beautiful as it was, had its peculiar challenging struggles. Roads were broken; infrastructure was failing,; ethnic tensions were high; insecurity strut about proudly like a peacock; and corruption lurked in the shadows. Many would have buckled under the weight of such monumental challenges. But not Jang. He had been trained to face turbulence, both in the skies and on the ground. Thus, he began his mission of uncommon transformation.

Under his leadership, trust returned to governance.Roads were built; security was enhanced and strengthened; the youths were engaged; ghost workers were flushed out; and the social,economic, education and agricultural sectors witnessed an unforgettable revival. But beyond the tangible projects, Jang gave Plateau something greater; he gave them hope. He made the people realize they could not only dream, but could realize such dreams. He was ans still is,a father to the state. Jang was a leader who did not rule from a distance but stood with the people;fought for them and defended them.

His leadership was tested time and again. Political adversaries fought him; critics doubted and demonized him. At times, the very foundations of governance in the state seemed violently shaken. But Jang stood firm and soldered on like a lion among men, unbowed, unshaken. Afterall he had not sought power for personal gain or self-aggrandizement. He wielded power,not as a sword to represss,but as shield for the defence of his beloved people. He deployed power as a tool for achieving justice, development and the greater good of his Plateau people.

Through storms of criticism,back-stabbing and seasons of triumph, he never lost sight of his mission-develop the people. And when his tenure ended in 2015, he did not look back with regret, but with the quiet satisfaction of a man who had given his all. He left Plateau State better than he met it.It was never the same rustic and undeveloped state he had met when he first took office. It had risen from its ashes like phoenix; it had transformed beyond arguments.Plateau had become a beacon and haven of peace, hope, tranquility, progress,development and humanity.

A NAME ETCHED IN TIME

“I have fought the good fight, I have finished the race, I have kept the faith.” – 2 Timothy 4:7

After leaving office as Governor of Plateau State, Jonah Jang could have chosen to retreat into the shadows, to live the rest of his days in peace and quietude as many would. But warriors never truly retire. They merely retreat and remain ever watchful, ever ready to serve. So,in 2015, he was called upon once more by his Plateau North people to represent them at the Nigerian Senate. Afterall the reward for hardwork is more work. Baba Jonah proved it.

His tenure in the Senate was not merely about adding another title to his name; it was about continuing his set mission, fighting for the people; standing for justice and their dignity. He ensured that the legacy he had built would never be undone.

THE PERSECUTION, TRIALS, TRIBULATIONS

No great leader ever walks mother earth without facing trials,persecution and tribulations. False allegations waltzed in,flying like ominous bats.Challenges suddenly arose, with the full weight of political warfare threatening to stain the banner of his legacy. He was falsely accused of pilfering his state funds. This was when we met. He briefed me to represent him in the 17 count charge before the Plateau State High Court. Studying the charge and the ingredients, his innocence exuded; his integrity and character nakedly stared me in the face. For a spartan man of modest means who ruled transparently and who as a sitting Governor took a well-documented loan of only 100m which he was paying back by installments from his meagre salary and allowances as a sitting Governor; and which loan he finally repaid fully as a Senator,it simply did not add up that he could steal from the state treasury of his people that he so loved and who reciprocated in equal measure. So, I defended him ferociously with my team of lawyers for over four years ( May 4,2018-September 2,2022). He had told me that he was innocent; that some powers that be had obviously felt that he had achieved too much to be allowed to walk away as a distinguished elderstatesman and as clean as a whistle. But he had always been these. And more He narrated to me how these powerful people were determined to completely erase his legacy and make him irrelevant in the political equation and scheme of affairs in Plateau State.In the dock, Jang stood tall,notwithstanding his diminutive stature.He watched witness after witness lie against him in a most brazen manner. He severally shook his head in utter disbelief and incredulity.But he did not cry.It was my bounden duty as his lawyer to chisel through and perforate the tissue and cocktail of poisoned lies.And I did just that.A smiling Baba Jang was completely exonerated,discharged and acquitted of all 17 counts. He emerged victorious once more, proving that truth,though slow, and integrity though temporarily besmeared,always triumphed in the end over swift lies.

Now, as he stands tall in the threshold of history and in the pantheon of great men,Jonah Jang is not just a retired soldier,Senator, Administrator or former governor,he is indeed a symbol of love, character, integrity, honour, dignity and resilience. Jang remains a loud testament to undiluted faith and a clear reminder that true leadership is about service, sacrifice and unwavering commitment to the people.
Thus on his 81st birthday,we do not merely celebrate another year of his life; we celebrate a legacy, a person that has touched lives, changed the course of a state and inspired a generation.

Jonah David Jang is not just a man; he is a movement. His story is not just one of politics, but of destiny, determination, and divine orchestration. Like his namesake David in the Bible, he has been for his people, an uncommon caregiver and a protector,in the same way a mother hen protects her chicks. His life like that of the Biblical David demonstrates that God can take a person from a humble position and elevate him to greatness. O yes,I almost forgot Jang is also Jonah.Like the biblical Jonah,he weathered the storms, survived in the belly of the whale and lives to spread the message of hope,prosperity,love and humanity,not to the Ninevites this time,but to his good people of Plateau State

DRAWING THE CURTAINS

To His Excellency, Governor,Senator, Air Commodore (rtd) Jonah David Jang, CON, may history forever remember your name and judge you fairly. May your legacy continue to inspire and water generations yet unborn. May your story be told not just as a tale of leadership, but as a beacon of hope for those who dared to dream dreams, fight wars,serve the people and conquer.l adversities.

Happy birthday sir.