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The Oracle

The Oracle: A Critique of the New Supreme Court Rules and Sundry Legal Anomalies (Pt.1)

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By Prof Mike Ozekhome SAN

Introduction

The immediate past Chief Justice of Nigeria (Hon. Justice Ariwoola) ought to be remembered for the parting gift of sorts which he handed to the court, lawyers and litigants in the form of the Supreme Court Rules, 2024. Enacted on the eve of his departure in September 2024, the rules have been broadly welcomed by stakeholders for harmonizing the disparate rules of practice and procedure applicable in that court (the last iteration of the rule, in 1985 and the sundry practice directions which have been added to it since then) into what is hopefully a harmonious whole. Is that hope misplaced or is it deserved? Are the rules (or any of their provisions) problematic, anomalous or even out rightly ultra vires (and therefore invalid) vis-a-vis relevant standards and norms such as the Constitution, the Legal Practitioners Act and the African Charter on Human & Peoples rights? Let us find out, but first, the usual preliminaries.

Practice And Procedure of The Supreme Court Of Nigeria

By virtue of section 236 of the Constitution, the Chief Justice of Nigeria is empowered to make rules of practice and procedure applicable in the Supreme Court. Those powers and however not at large, but are to be exercised subject to the provisions any Act of the National Assembly. That statute is the Supreme Court Act, section 9 of which provides that “subject to the provision of any other enactment, the practice and procedure of the Supreme Court shall be in accordance with this Act and rules of
court.”

What Difference Do The New Rules Make?

As previously noted, the new Supreme Court rules (SCR) have been broadly welcomed by all and sundry, given the public’s perception that they introduced innovations to the court’s justice delivery tool-kit. As ever, however, the devil is in the detail and we shall see to what extent, if any, the rules live up to the hype. In this regard, I believe at least three of the supposed innovations of the rules give room for not a little concern. I am referring here to the provisions dealing with costs, right of audience, conditions for prosecuting appeals and restrictions within the exercise of such rights by a party. We take them seriatim.

Costs

The new Rules provide that not only will counsel who supposedly engage in abuse of court process be penalized with punitive costs to be paid personally by such counsel (including those acting for state/federal governments and public institutions), any counsel who defaults in making such payments will not have the right of audience in any superior court in Nigeria. I believe this is problematic for at least two reasons. To start with, the right to counsel of one’s choice- in criminal cases- is a fundamental right under section 36(6)(c) of the constitution. To that extent, it is clear that to deny a suspect or accused person of that right on the ground that the counsel is in default of certain costs awarded against him would violate this constitutional right (which, by the way, is also guaranteed under Article 7 of the African (charter).

Beyond that, however, the Legal Practitioners Act also provides (in section S thereof) that a legal practitioner shall have the right of audience in all courts of law in Nigeria. That right is subject to only one condition under the Act: payment of annual practicing fee by such legal practitioners. The Act is silent on any default by a legal practitioner to pay costs as a ground for denying him audience in court: expressio unius est exclusio alterius: the express mention of one thing in a statute implies the exclusion of others, which might
otherwise be included. See ATT-GEN. OF THE FEDERATION v
ABUBAKAR (2007) ALL FWLR pt. 375 pg.405 @553B

Right of Audience

Yet another problematic provision of the rules is the one which limits the number of Counsel appearing in any given case before the apex court. Under the new rules, this is pegged at 6, including a senior advocate where there are more than one Senior Advocate, the number of Counsel is pegged at a maximum of 8. I believe this is an undue fetter on a party’s right to Counsel of his or her choice, which, criminal cases, is a fundamental right. No rule of court can abridge or curtail a fundamental right under the Constitution or the African Charter.

Not even an Act of the National Assembly. The Constitution is supreme and, next to it, is the African Charter. See ABACHA V FAWEHINMI (2000) 6 NWLR pt.660 pg.228 @315 and IGP v ANPP (2007) 18 NWLR pt. 1066 pg. 457@500C.

Furthermore, however, this particular provision of the new rules is too sweeping as it extends beyond the Supreme Court to all superior courts of record in Nigeria. By virtue of section 6(5) of the Constitution, such courts includes the Court>of Appeal, the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, the High Court of a States, Sharia Court of Appeal of the FCT, the Sharia Court of Appeal of States, Customary Court of Appeal of the FCT and of the states. I believe it is anomalous for this provision of the new rules to purport to apply to these other courts because it is trite law rules of practice and practice enacted for one court only apply to that court and cannot apply to that court and cannot apply to other courts: See NNEJI v CHUKWU (1988) 3 NWLR pt. 81 pg. 184 @205 per Oputa, JSC. A head of court is only empowered to enact rules of procedure applicable to that court and no other: TUKUR v. GOVERNMENT OF GONGOLA STATE (1988) 1NWLR Pt. 117 pg. 39 @50

Conditions of appeal

Another anomalous provision of the new rules, in my view, is the requirement for a prospective appellant to provide a bon d or guarantee that he will diligently prosecute the appeal. This is novel stipulation is a condition for hearing the appeal. A similar provision is the requirement of an undertaking by the appellant to pay damages to the respondent in the event that the appeal is unsuccessful. I believe that both stipulations are problematic as they impose undue fetters on the exercise of the right of appeal. The apex court has repeatedly frowned upon such restrictions on the right of access to court. See UGWU v ARARUME (2007) 12 NWLR pt. 1048 pg. 367 @ 450 per Tobi JSC, where it was held as follows:
“Right of access to court is a constitutional right, which is guaranteed in the constitution, and no law… can subtract from or derogate from it or deny any person of it.” See also GLOBAL EXCELLENCE Vs DUKE (2007) 16 NWLR pt 1059 pg.22, and Article 7 of the African Charter on Human and Peoples rights.

No stay of proceedings in interlocutory appeals

On the stipulation of the rules that the apex Court will never grant applications for stay of proceedings in interlocutory appeals, the apex Court appears to have departed from its long standing tradition of not denying a party “(be he the appellant or the respondent) the opportunity of being heard for fear that such attitude might cause a temporary delay in the disposal of the case.” See NNEJI v CHUKWU, supra, @ page 200, per Wali, JSC.

Such a shift in the policy of the Apex Court is worrisome because it transcends the practice and procedure of the court and impinges on the fundamental issue of access to court, fair hearing and to have one’s cause heard, all of which are implicitly recognized and guaranteed under the constitution and the African charter as aforesaid.

Elections

The provisions of the rules in election related appeals are also problematic for the simple reason that election matters being sui generis, the relevant prescriptions are to be found in the Electoral Act, 2022, specifically, section 140 thereof, which provide as follows:
“(1) The rules of procedure to be adopted for election petitions and appeals arising therefrom shall be as set out in the first schedule to this Act;
“(2) The president of the court of appeal may issue practice directions to the-
(a) Court of Appeal in respect of pre-election and post-election

(b) Election tribunal, in respect of post-election matters”

Curiously, however, the Act is silent on the Chief Justice of Nigeria.

In other words, it doesn’t confer a similar power on the CJN in respect of electoral appeals to the apex court, as it does on the President of the Court of Appeal. Whether it is deliberate or out of oversight is hard to fathom. What is clear is that, by virtue of the combined provisions of Items 22 and 68 of the Exclusive Legislative List, read along with Paragraph 2(b) or Part III of the Second Schedule to the Constitution, the National Assembly possesses the exclusive power to legislate on the practice and procedure in election-related litigation. To the extent that the Assembly has not delegated that power to the CJN in the same way as it did to the president of the Court of Appeal, the implication is that the Assembly did not intend to do so, but rather to reserve it to itself in appeals at the Supreme Court in electoral matters, on the maxim expressio unius est exclusion alterius aforesaid and that the provisions of the first schedule to the act have covered the field in such appeals at the apex court. The upshot of this is that the prescriptions of the new rules in electoral appeals at the apex court are ultra vires, the Hon. CJN, with the greatest respect. See ATTORNEY-GENENERAL OF ABIA STATE Vs. ATTORNEY-GENENERAL OF THE FEDERATION (2002) 6 NWLR Pt. 763 pg. 264 @ 369 & 391, Per Kutigi, JSC and Uwais, CJN. Respectively. (To be continued).

Though for the week

“The Supreme Court is the last line of defense for the separation of powers and for the rights and liberties guaranteed by the Constitution”. (Brett Kavanaugh).

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The Oracle

The Oracle: The University As a Catalyst for Societal Development (Pt. 2)

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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 University As a Catalyst for Societal Development (Pt. 1)

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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)

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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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