The Oracle
The Oracle: Chief Edwin Clark and Chief Ayo Adebanjo: Two Legends Death Could Not Kill
Published
9 months agoon
By
Eric
By Mike A. A. Ozekhome SAN
PROLOGUE
THE TYRANNY OF DEATH AND THE INDOMITABLE SPIRIT OF MANKIND
Death, shame on you. You have always killed the body, not the soul; never the legacy. Such is the fate of the last two men standing, Chief Edwin Kiagbodo Clark and Chief Ayo Adebanjo, who died few days from each other.
DEATH AND MANKIND
Let us now discuss the death that took them away. From the dawn of existence, mankind has lived under the unyielding shadow of death. It is the ultimate oppressor; the force that acknowledges neither power nor piety; neither nobility nor knowledge. It is the great leveller; the final conqueror before whom all men- kings and commoners; heroes and villains; patricians and plebeians; rich and poor-must bow. Wearing a monstrous visage with fangs bared, death stalks us unseen. It strikes without warning. It is indifferent to the hopes, aspirations, dreams and struggles of humanity. Like our shadow, it follows us everywhere, sticking to us like a second skin. Viktor Franki was dead right when he wrote, “Death is the greatest tyrant of all, it is the one that can take away our freedom, our dignity, and humanity”. Perhaps the most eloquent tribute to death came from Thomas Sowell. Hear him: “Death is the greatest leveler, the ultimate democrat, but it is also the greatest tyrant, for it treats all lives as equal in their insignificance”.
The Psalmist explains man’s fragility better: “Man is like a breath; his days are like a fleeting shadow.” (Psalm 144:4). Indeed, life is but a mist that appears for a little while and then vanishes. James 4:14 puts it better when it proclaims, “Why, you do not even know what will happen tomorrow. What is your life? You are a mist that appears for a little while and then vanishes” And now, that fleeting shadow has claimed the twin colossi of Chief Edwin Kiagbodo Clark and Chief Ayo Adebanjo. These were two towering figures whose lives were totally dedicated to the attainment of justice, democracy, and the eternal struggle against oppression. They stood like ancient baobabs in the political landscape of Nigeria, their roots intertwined with the fight for equity, their voices thunderous in the corridors of power.
Expressing the fleetness of life, Macbeth in Act 5, Scene 5 of William Shakespeare’s Macbeth, intoned that “Life’s but a walking shadow, a poor player, that struts and frets his hour upon the stage, and then is heard no more. It is a tale told by an idiot, full of sound and fury, signifying nothing.”
Yet, for all their power and defiance, they too have fallen to the callous hands of death; embraced by the inevitable grasp of mortality. “The death of a righteous man is never the death of his deeds, nor the end of his influence.” This is the paradox of existence: death takes men, but it cannot take away their legacy. It silences voices, but it cannot silence the echoes of the truth they spoke. It buries bodies, but it cannot bury the fire they ignited in the hearts of those they left behind.
Consider the tale of Achilles, the greatest warrior of Greek mythology. He was given a choice: a long, uneventful life or a short life filled with glory that would make his name immortal. He chose the latter, knowing that though his body would perish, his name would be sung in eternity. Like Achilles, Pa Clark and Pa Adebanjo chose the path of impact over the comfort of obscurity. Their names, their struggles, their legacy, will not be forgotten. NEVER!!!
Death, in its arrogance wrongly believes it has silenced them. But can death truly claim victory over men whose legacy outlives their mortal forms? The answer is an emphatic no. Death may take the body, but it cannot take the impact. It may silence the voice, but it cannot silence the ideology. The greatest flaw of death is its inability to erase the echoes of greatness. The African proverb is right that “the dead are not gone; they are only in another room”. As Haruki Murakami once put it, “Death is not the opposite of life, but a part of it”. Julius Caesar in Williams Shakespeare’s epic by the same title, “Julius Caesar” defanged death when he refused the entreaties of Calpurnia, his wife not to go to the Capital for fear of being assassinated by the conspirators. He shredded death thus, “No, Caesar shall not. Danger knows full well that Caesar is more dangerous than he. We are two lions littered in one day, and I the elder and more terrible”. (Act 2 Scene 2).
Yet, death still claimed Pa Clark and Pa Adebanjo as it has claimed countless others before them. Death will still claim more. Its bacchanalian propensity to consume mortals like Bacchus the god of wine is relentless. The finality of mortality forces a painful question upon us: If even men of such towering stature like Clark and Adebanjo cannot defy death, then what hope does mankind have?
But therein lies the irony. True death is not the cessation of breath but the erasure of memory. These men are not truly gone. Their essence remains immortalized in the ideals they fought for, in the words they spoke, and in the lives they touched.
We are reminded of the African proverb: “A man dies twice. The first is when he breathes his last; the second is when his name is spoken for the last time.” Pa Clark and Pa Adebanjo, by virtue of their outstanding works, have ensured that the second death shall never come. Their names will be inscribed in the annals of history; their voices will continue to echo through the ages. In the grand battle between mankind and death, memory is the battlefield. And men like Clark and Adebanjo never truly lose out. They have been inducted into the pantheon of great men.
THE GIANTS AND THEIR ETERNAL STRUGGLES
To understand the lives of Chief Edwin Kiagbodo Clark and Chief Ayo Adebanjo is to understand the very fabric of Nigeria’s history, its triumphs and tragedies, its betrayals and its resilience. These were not just men who merely lived through history; they made history themselves. They were not silent observers; they were architects of change and warriors in the relentless fight for justice.
Yet, even the greatest of warriors must one day lay down their swords. The passing of these two titans forces us to confront the painful reality that no man, no matter how powerful, can defeat the tyranny of time. It is as the Bible states in Ecclesiastes 9:11, “The race is not to the swift, nor the battle to the strong, nor does food come to the wise or wealth to the brilliant or favour to the learned; but time and chance happen to them all.”
But if time has claimed their mortal frames, it has not diminished their impact. Death has never been able to claim greatness. It has tried throughout the ages but failed abysmally. Silencing Socrates did not kill philosophy. Crucifying Christ did not end Christianity. Assassinating Martin Luther King Jr. did not halt the civil rights movement. Killing Adaka Boro and Ken Saro Wiwa did not end Niger Delta agitation. Likewise, the passing of Chief Clark and Chief Adebanjo will not end their struggle. “O Death, where is thy sting?” Apostle Paul knew what he was doing when he compared death to a bee that has lost its sting.
CHIEF EDWIN CLARK, THE LION OF THE NIGER DELTA
This Nationalist spent all his life in ceaseless advocacy, ensuring that his people were not reduced to mere spectators in a nation built on their resources. He was not just a politician; he was a movement, a force of nature. He spoke for the voiceless, demanded justice for the marginalized, and carried the weight of an entire region’s hopes on his shoulders. Beyond these, his common cliché was “we are all Nigerians” a clear exemplification of this Pan-Nigerianity.
The story of Edwin Clark is the story of a man who refused to be silent or silenced. His life was defined by resistance, relentless advocacy and the ceaseless fight for equity. From his earliest days, he knew that the Niger Delta, despite being the economic heartbeat and financial basket of Nigeria, had been condemned to perpetual marginalization and squalor. Oil flowed beneath the feet of his people, yet poverty sat on their shoulders. Their land was rich, but their lives were poor. There is constant light in the environment, not from electricity, but from gas flaring that destroys both aquatic and agrarian life. There is “water water everywhere”, but like in the Ancient Marina, none fit enough to drink. Clark refused to accept this man-imposed destiny as their lot.
He fiercely championed resource control, true fiscal federalism and the rights of the marginalized oil-bearing communities, knowing that freedom is never freely given but must be fought for and won. His voice thundered in political arenas; his torch lit dark crevices; his presence was felt in the highest echelons of power; and his influence shaped the policies that sought to address the inequities of his time.
One of Pa Clark’s defining moments was the 2005 National Political Reform Conference midwifed by former president, Chief Olusegun Obasanjo, where he led the South South Delegates Forum in one of the most historic protests against the injustice of oil revenue allocation. When Northern delegates refused to allow an 18% derivation formula for oil-producing states, Clark led a mass walkout. This was not just a political maneuvre; it was an act of defiance; a statement that injustice must never be negotiated, tolerated but must be rejected. I was the spokesperson for the entire South South delegates at the Conference.
A true leader does not retreat; and Clark never did. Even at 97, Pa Clark was still always on television screen, pontificating, advocating, teaching, directing and crusading for good governance, restructuring and a strong Nigerian nation. His life was a testament to the words of the legendary poet, Dylan Thomas, who wrote: “Do not go gentle into that good night. Rage, rage against the dying of the light.” Clark never surrendered to injustice. And though death has claimed him, his voice will continue to echo in every struggle for equity in Nigeria. His light will continue to illuminate dark paths towards national resurgimento, restructuring, equity, egalitarianism and social justice.
AYO ADEBANJO: THE ETERNAL FLAME OF IDEOLOGY
Chief Ayo Adebanjo, on the other hand, was the embodiment of ideological purity. As a disciple of Chief Obafemi Awolowo, he stood firmly by the principles of federalism, free education, and self-determination. His words carried the weight of history. His defiance against injustice never wavered; and his belief in a restructured Nigeria remained unshaken even in his final days. He was, as Marcus Garvey once said, “a lion who did not live to entertain hyenas.”
If Chief Edwin Clark was a warrior for the Niger Delta and enthronement of justice in the Nigerian space, Chief Ayo Adebanjo was a lion of ideological purity. In a world where political leaders switch allegiances as easily as changing tissue papers, Chief Ayo Adebanjo was steadfast. He remained unwavering in his ideological beliefs. From his earliest days in the Action Group under the mentorship of Chief Obafemi Awolowo, Adebanjo embraced a set of principles that would define his entire life-true federalism, free education, regional autonomy, and social justice. While many leaders evolved into political opportunists, Adebanjo remained a true disciple and guardian of Awolowo’s ideals, unshaken by the temptations of power.
Pa Adebanjo was imprisoned, harassed and exiled; yet he never compromised. In 1993, when the military annulled MKO Abiola’ selection, Adebanjo was at the forefront of NADECO (National Democratic Coalition), risking his limbs and life to demand the restoration of democracy. He was not one for silent negotiations; his brand of politics was radical, bold and unapologetic. “There is no diplomacy in truth,” he often said.
Chief Adebanjo’s fearless advocacy extended into his old age. In his 90s, he was still one of the loudest voices demanding the restructuring of Nigeria. While younger politicians hesitated or defected, fearful of repercussions, Adebanjo spoke with fire and clarity, insisting that Nigeria’s survival depended on true federalism. His courage reminds us of Winston Churchill’s words: “To each, there comes in their lifetime a special moment when they are figuratively tapped on the shoulder and offered the chance to do something unique to them and their talents. What a tragedy if that moment finds them unprepared or unqualified for what could have been their finest hour.”
Pa Adebanjo did not just seize his moment; he made sure every moment of his life was dedicated to fighting for justice. If Chief Edwin Clark and Chief Ayo Adebanjo have taught us anything, it is that death’s greatest weakness is its inability to erase legacy. It is said that when Alexander the Great lay on his deathbed, he ordered his generals to carry his coffin with his hands stretched out. When asked why, he said: “Let the world see that even the greatest conqueror leaves this world empty-handed.”
But some men do not leave empty-handed. They leave behind them movements, ideas, ideologies, revolutions and a generation greatly inspired to carry on their good works. That is the difference between ordinary men and legends. Clark and Adebanjo were legends.
Death thought it could silence Chief Clark and Chief Adebanjo, but death has yet failed. It could not erase or silence their names which are now immortal, etched into the pages of Nigeria’s history. Their ideas and ideals will live on in the youthful activists who demand a just Nigeria; in the communities that still fight for fairness; and in the common people who refuse to accept oppression as their fate.
Therefore, even as we mourn these two legends, we must recognize that they have won the only battle that matters-the battle against irrelevance; against obscurity. Surely, their bodies will rest, but their fight continues. They have transmitted from mortality to immortality.
DEFYING DEATH THROUGH LEGACY
As I reflect on the passing of Chief Edwin Kiagbodo Clark and Chief Ayo Adebanjo, I am struck by one immutable truth: death may take the man, but it cannot take his legacy. The true measure of a life is not in its duration but in its impact. These two titans of justice and democracy may have departed, but their spirits remain embedded in the struggles they fought and the victories they secured. The philosopher, Marcus Aurelius once said, “What we do now echoes in eternity.” And indeed, Chiefs Clark and Adebanjo lived lives that will echo far beyond their years. They were not merely politicians; they were symbols of defiance, embodiments of truth, and sentinels of justice who challenged impunity and spoke truth to power.
Their deaths, like those of all great men, force us to ask: What remains after the body has returned to dust? What is the true test of immortality? If it is in the endurance of one’s impact, then these men have conquered death itself. Thus, even death could not kill them.
MY PERSONAL ENCOUNTERS WITH PA ADEBANJO
I have had the rare privilege of knowing and working closely alongside these giants in their lifetime. My undiluted respect for them is not borne out of distant admiration, but from personal experiences; from standing in the trenches with them in the many battles for a better Nigeria. Of Chief Ayo Adebanjo, I had earlier written with conviction thus:
“Chief Ayo Adebanjo is truly one of the very last of the Mohicans – the last men standing. Here’s wishing and praying that he outlives his father and continues well beyond his 100-year anniversary in good health, fine cheer, and peace that passeth all understanding.”
(https://mikeozekhomeschambers.com/chief-ayo-adebanjo-a-member-of-the-dwindling-mohicans). But Pa Adebanjo died four years shy of the 100 years I had wished him. Only on March 18, 2024, the Patriots converged at the Nigerian Institute of International Affairs, Lagos, to honour late Professor Ben Nwabueze, SAN (the greatest constitutional lawyer to have emerged from the soil of Africa), at a National Dialogue on the constitutional future of Nigeria. I delivered the keynote address titled, “The Never-ending call for a new people’s Constitution”. At the event, Chief Adebanjo bared his fangs, lamenting the poor state of the Nigerian nation. He reiterated his call for restructuring, regional autonomy, social justice and a fair federalism.
Papa Adebanjo’s passing is therefore not just a personal loss but a national one. He was more than a political figure; he was an ideologue, a moral force in a landscape often devoid of conscience. He lived not for himself but for the idea of a fair and just Nigeria, and his unyielding advocacy for restructuring will not be forgotten. While he fought from the NADECO flank, I fought from the human rights and pro-democracy odeon. We always converged towards achieving common goals of having a better and more equitable Nigeria. His death becomes more painful to me because only in October, 2024, Chief Adebanjo forwarded one of the 5o books I presented to the public on October 17, 2024. He forwarded the book titled, “Nigeria’s Unforgettable Events”. And Pa Adebanjo has now departed. Thank you for goading me on for encouraging me.
MY PERSONAL ENCOUNTERS WITH PA CLARK
My encounters with Pa Edwin Clark were equally profound. I remember vividly the 2005 National Political Reform Conference, where I was entrusted with the role of Publicity Secretary and Spokesperson for the South-South Delegates Forum. It was there that I saw first hand Clark’s brilliance, his uncommon courage and defiance; and his ability to command respect from all and sundry. He was the undisputed leader of the South-South Delegation, and under his guidance and leadership of a field Marshal, we fought for a well-structured federation; for devolution of power; and for a fair derivation formula for oil-producing states.
Thus, when our proposal for a modest 18% derivation was rejected by the Northern delegates who said the South-South should even be grateful for 13% it was having, Clark led the historic walkout; an event that has since been termed the “First Walkout” in Nigeria’s conference history. It was a moment of historic reckoning, a statement that the oppression of the oil-bearing communities of the Niger Delta would not go unanswered. I stood with him, alongside other progressive minds, as we challenged the status quo and demanded justice and fairness. That was the kind of man Pa Clark was-fearless, courageous, bold, unrelenting and unbowed.
Pa Clark repeated his leadership qualities at the 2014 National Conference, where at 86 then, he fought for true fiscal federalism, like a trojan. He led the entire South-South to seek for justice and fair play in a warped federal set up. I worked ferociously with him. I was named the “Cicero of the 2014 National Conference” by the Conference leadership comprising of late Hon. Justice Idris Legbo Kutigi, JSC (rtd); GCON; Prof Bolaji Akinyemi; CFR and Chief (Dr) Valerie-Janette Azinge, SAN, OFR.
Pa Clark was a father to all; a mentor to millions; a scholar; an outstanding lawyer, and an activist who led from the front. He loathed sycophancy, servility and political opportunism. You either loved him passionately, or hated him malevolently; but never could you ignore him. He regarded me as his son’ encouraged me; energized me; and goaded me on. In October, 2024, Pa Clark happily forwarded one of the 50 books I presented to the public on October 17, 2024. The title of the book he forwarded is “Nigeria’s Evolution and the Political Players”. And now, papa is gone. Farewell sir.
THE TITANS’ FINAL DEFIANCE: A LEGACY THAT CANNOT BE BURIED
It is often said that “a man dies twice: once when his body ceases to function, and again when his name is spoken for the last time.” If that is true, then Clark and Adebanjo will never truly die. Their names will be spoken for generations to come, their contributions studied in classrooms, and their courage invoked by young activists who refuse to accept a Nigeria that is anything less than just.
Like Moses leading the Israelites through the Red Sea, they parted the waters of oppression and repression, clearing a path of for those who would come after them. Like Socrates drinking the hemlock based on his conditions, they stood by their convictions even when the price was too high. And like Mandela in Robben Island, they fought a system designed to silence them and won.
THE CURTAINS NOW DRAWN
If death thought it could kill them, it has grossly miscalculated. For their works remain; their speeches still resonate; their ideas still shape the destiny of Nigeria.
It is a cruel paradox of existence that we must often celebrate greatness in the shadow of its departure. That we must find words to honor titans whose very absence renders language inadequate. But if time is the great equalizer, then it is also the thief of presence. It robs us of our icons, leaving us with only echoes of wisdom where once stood the steadfast guardians of justice. Yet, not all echoes fade.
As I write this elegy for two legends, my heart is heavy and sad, not for the duo, but for Nigeria for whom they laboured for life long. Her story has not been encouraging. But my resolve is strengthened to fight on. The best way to honour them is not through mere words, but through action. To those of us who remain committed on this side, their deaths must not mark the end of their battles; it must mark their rebirth in those of us left behind.
They have passed the torch on to us. It is now our duty to ensure that the torch continues to shine brightly and that their labours and sacrifices are not in vain. Aluta continua, Victoria acerta.
Rest well, papa Edwin Clark.
Rest well, papa Ayo Adebanjo.
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The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 4)
Published
2 days agoon
December 5, 2025By
Eric
By Prof .Ike Ozekhome SAN
INTRODUCTION
In our last outing on this treatise, we addressed the operational weaknesses and structural mismanagement of the Police; the failure of internal accountability; collusion of its men with criminal networks; erosion of civil liberties by its illegitimate enforcement practices; and cycle of impunity. And later followed by analysis of the abuse of judicial power as well as executive lawlessness directed at the Bench. We then concluded with suggested pathways and recommendations. Today, we shall continue with the same theme focusing on strengthening judicial independence; institutionalizing a comprehensive anti-corruption framework; enhancing the protection of civil liberties; community-based security initiatives; electoral integrity; transparency in the public sector; protecting vulnerable and marginalized groups as well as institutionalizing a culture of consequences. Enjoy.
Judicial Strengthening and Independence
The Judiciary should be insulated from political interference through secure tenure, adequate remuneration, and independent budgetary control. Court processes must be digitized to reduce delays and enhance transparency. Special courts should be created to fast-track cases of corruption, rights violations, and electoral offences so as to prevent them from being lost in a backlog of other matters.
Comprehensive Anti-Corruption Framework
Anti-corruption agencies must operate without political bias. Investigations and prosecutions should be based solely on evidence, regardless of the political or social standing of the suspect. Asset recovery processes should be transparent, and recovered funds must be channeled directly into public services such as healthcare, education, and infrastructure.
Strengthening of Civil Liberties Protections
Security laws and policies must be reviewed to remove provisions that allow arbitrary arrests, prolonged detention without trial, and excessive surveillance. The rights to free expression, peaceful assembly, and privacy should be reaffirmed through legislation, judicial precedent, and administrative directives. Security personnel should receive specific training on respecting these rights in the course of their duties.
Enhanced Community-Based Security Initiatives
Community policing structures should be developed in partnership with local stakeholders, including traditional leaders, civil society, and youth groups. These initiatives should focus on early conflict detection, intelligence sharing, and non-violent dispute resolution. Proper integration of community policing into the national security architecture can improve trust and cooperation between citizens and the State.
Electoral Integrity and Protection of the Political Process
To reduce politically motivated violence, security forces must adopt a neutral stance in elections and enforce the law impartially. Electoral offenders, including those within security agencies, must face swift prosecution. The deployment of technology in elections, such as biometric verification, should be protected by strong legal safeguards to prevent manipulation. More importantly, the Electoral Act must be urgently amended to include the use of BIVAS, electronic voting and real time transfer of results into IReV.
Public Sector Transparency and Open Data
Transparency in governance can significantly reduce opportunities for abuse of power. All government agencies should be required to publish regular reports on budgets, procurement, and performance indicators. Public access to information should be enhanced through stronger Freedom of Information laws and proactive disclosure of records.
Protection of Vulnerable and Marginalized Groups
Special attention should be given to protecting women, children, marginalized vulnerable persons and minorities and communities, who are disproportionately affected by rights violations and insecurity. Law enforcement and judicial olicers should be trained to handle cases involving such vulnerable groups with sensitivity. Dedicated units within security agencies should be tasked with preventing and responding to gender-based violence, child labour, human trafficking and exploitation.
Institutionalizing a Culture of Consequence
The single most important factor in ending impunity is ensuring that misconduct always attracts consequences. Disciplinary actions, criminal prosecutions and public reporting of case outcomes should become the norm. Political leaders must set the example by submitting themselves to the rule of law. They must lead by example and not by precepts.
CONCLUSION
The challenges confronting Nigeria in the areas of security, protection of citizens’ rights and enforcement of the rule of law are deeply rooted in a pattern of institutional neglect and governance failure. Throughout this work, it has become evident that insecurity in the country is not only result of violent crime or terrorism but also a product of weak and compromised institutions that allow such threats to flourish. When the very institutions tasked with safeguarding the people become unreliable or complicit, the result is a petrified environment where justice is selective, rights are precarious, and the social contract between citizens and the State is broken.
The evidence is clear that insecurity in Nigeria is a multi-dimensional crisis. Political violence undermines democratic processes. Economic hardship is exacerbated by corruption and the diversion of resources. Physical insecurity in many regions persists because law enforcement is either absent or compromised. The deterioration of education and healthcare further exposes the population to long-term instability. Each of these problems is interconnected and magnified by the failure of the justice and enforcement systems to function impartially and effectively.
Civil liberties, guaranteed by the Constitution and supported by international treaties, are repeatedly undermined by arbitrary arrests, unlawful detentions, and the suppression of free expression. When citizens live in fear of those entrusted to protect them, the legitimacy of the State is called into question. A society where speaking out invites retaliation and where wrongdoing by the powerful is met with silence or even approbation cannot claim to uphold the principles of democracy and justice.
The normalization of impunity is perhaps the most dangerous of all the trends identified. Impunity corrodes public trust, emboldens offenders, and creates a culture where breaking the law is not an aberration but an accepted norm of political and social life. Without decisive action to reverse this culture, every other reform will be weakened before it begins to take root.
Nigeria’s peculiar security realities demand a holistic approach. This includes rebuilding law enforcement into a professional, rights-respecting institution, ensuring the judiciary is free from political interference, and creating genuine accountability mechanisms that apply to everyone regardless of status. It also requires an investment in transparency, community trust, and the protection of vulnerable groups who suffer most from both insecurity and rights violations.
The task is undeniably challenging, but it is not impossible. The pathway to a more secure and just Nigeria begins with the recognition that true security cannot exist without justice, and justice cannot thrive without the rule of law. By committing to comprehensive reforms and by holding both leaders and institutions accountable, Nigeria can reclaim the promise of a society where rights are protected, laws are respected, and security is the shared foundation for national progress. In all these, one may ask, where is the Bar and what is its historic role? A once vibrant Association feared by the corrupt and dreaded by all successive governments has since become comatose, hardly responsive to societal needs. Aside many lawyers now professionally practising Bar instead of practising law by oscillating from one office to another over a period of decades, what has the Bar got to show for its continued relevance in terms of interrogating the status quo and challenging impunity? How has the Bar fared in holding governments responsible and accountable to the Nigerian people? Aside converging every year at designated venues for the annual ritual of the AGC, what dividends have we yielded from our usual banal communiqué?
How have we pushed to ensure we engaged the three arms of government to overhaul or at least improve on the status quo? Can we now blame some lawyers who are increasingly feeling disenchanted with the status quo and seek alternative platforms such as the Nigerian Law Society (NLS)? I think not. Colleagues, let us as lawyers and Judges wake up from our deep slumber of complicit silence and stop seeing law solely as a bread-and -butter profession. We must see law from the prism of Professor Dean Roscoe Pound-an instrument of social engineering. Anything short of this is not befitting of the legal profession. (Concluded).
THOUGHT FOR THE WEEK
“We cannot reform institutional racism or systemic policies if we are not actively engaged. It’s not enough to simply complain about injustice; the only way to prevent future injustice is to create the society we would like to see, one where we are all equal under the law”. (Al Sharpton).
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The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 3)
Published
1 week agoon
November 28, 2025By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
The last installment of this series continued from where the inaugural one stopped: the analogy of each corpse buried without justice being a clause in the Constitution buried in effigy. It then explained how inequality breeds violence, before moving onto how systemic lapses in law enforcement is the hidden engine of insecurity and erosion of rights. Later, it examined the contrast between constitutional mandate and institutional reality, followed by the politicization and weaponization of law enforcement; corruption as operational culture; and finally operational weaknesses and structural management. The week, we shall continue with same theme, after which we shall delve into the failure of internal accountability; collusion with criminal networks; erosion of civil liberties through enforcement practices; the cycle of impunity; abuse of judicial power and executive lawlessness targeted at the Bench. Thereafter, we shall consider various pathways and recommendations for addressing insecurity, rights protection and institutional weakness. Enjoy.
OPERATIONAL WEAKNESSES AND STRUCTURAL MISMANAGEMENT
Nigeria’s police-to-population ratio remains alarmingly low. With about 371,800 officers serving a population of over 236 million people, the country is well below the United Nations’ recommended benchmark of 222 officers per 100,000 people. This manpower gap severely hampers the Force’s capacity to tackle crime, especially in volatile areas plagued by insurgency and communal violence. To make matters worse, many of the limited officers available are deployed to safeguard high-profile politicians and elites rather than serving the broader public. In rural communities, especially in conflict-affected northern states, residents report waiting hours, sometimes days, for police to respond to distress calls, if they ever respond at all.
Compounding this problem is inadequate training. Many recruits receive minimal exposure to forensic methods, human rights protocols, or community policing principles. As a result, investigative work relies heavily on confessions, which are frequently extracted through coercion or torture. This not only violates constitutional guarantees against inhuman treatment but also produces unreliable evidence that weakens prosecutions.
Logistical deficits are equally damaging. Many police divisions operate without functioning patrol vehicles, secure communication equipment, or modern crime labs. The Inspector General of Police has acknowledged that, outside of Lagos, forensic capability is virtually non-existent. Without scientific investigation, crimes are either left unsolved or result in wrongful arrests, further undermining public trust
FAILURE OF INTERNAL ACCOUNTABILITY
In a functioning democracy, law enforcement personnel are subject to robust oversight, both internally and through independent bodies. In Nigeria, oversight mechanisms exist in name but not in consistent practice. The Police Service Commission (PSC), which is meant to handle recruitment, promotion, and discipline, is itself politically influenced and suffers from inadequate funding. Complaints of misconduct often disappear into opaque disciplinary processes, and there is little transparency about the outcomes.
When abuses are too public to ignore, as with the October 2020 End SARS protests, Commissions of Inquiry are established, testimonies are heard, and reports are submitted. Yet, implementation of recommendations remains rare. In Lagos, for example, despite the panel’s findings implicating specific officers in excessive force and unlawful killings, few have been prosecuted. Instead, many have returned quietly to duty. This pattern sends a dangerous message to the rank-and-file officers: violations carry reputational risk but rarely legal consequence.
COLLUSION WITH CRIMINAL NETWORKS
Perhaps the most alarming dimension of enforcement failure is the documented collusion between security personnel and criminal actors. In the Niger Delta, security forces have been implicated in illegal oil bunkering, the very crime they are deployed to prevent. In parts of the North-West, reports from Amnesty International and local media allege that bandit groups pay “protection fees” to avoid military or police raids.
Such collusion transforms law enforcement from an adversary of crime into a stakeholder in it. This is not merely passive negligence; it is active participation in the shadow economy of insecurity. In these areas, communities quickly learn that reporting crimes may not only be futile but dangerous, as information shared with authorities can be leaked to perpetrators.
EROSION OF CIVIL LIBERTIES THROUGH ENFORCEMENT PRACTICES
The systemic lapses in law enforcement also directly erode civil liberties. Arbitrary arrests, prolonged detentions without trial, suppression of lawful assembly, and harassment of journalists are not isolated acts but part of an entrenched enforcement culture. The constitutional right to personal liberty under Section 35 is regularly violated under the guise of maintaining public order.
Protesters face preemptive crackdowns, often justified by vague references to national security. During the #Revolution Now protests in 2019, dozens of demonstrators were detained, some for weeks, without formal charges. In many cases, court orders for their release were ignored by security agencies, underscoring the absence of legal consequence for disobedience of judicial authority.
This disregard for civil liberties creates a chilling effect on political participation and civic engagement. Citizens learn that speaking out carries personal risk, and self-censorship becomes a survival strategy. Over time, this quietens public dissent, enabling further abuses by both government and non-state actors.
THE CYCLE OF IMPUNITY
The combination of politicization, corruption, operational weakness, and lack of accountability feeds into a self-reinforcing cycle of impunity. Officers learn that their actions are judged not by legality but by political expediency. Politicians, in turn, see law enforcement as a tool to protect themselves and punish adversaries. Criminal networks exploit these gaps, securing protection through bribery or political patronage.
Once entrenched, this cycle is difficult to break. Each unpunished violation becomes a precedent, normalizing the idea that power grants immunity from the law. This normalization spreads beyond law enforcement to other institutions, eroding the very foundations of democratic governance.
THE ABUSE OF JUDICIAL POWER AND EXECUTIVE LAWLESSNESS AGAINST THE BENCH
In a functioning democracy, the judiciary serves as the impartial referee between the powerful and the powerless. It is the last line of defence for the citizen and the final hope for justice. But what happens when that sacred institution itself becomes the object of aggression? What happens when the enforcers of state power turn their weapons not on criminals, but on the judges who interpret the law? Nigeria confronted these very questions in October 2016, when the homes of senior judges across the country were invaded by heavily armed operatives of the Department of State Services under the cover of night.
These raids, carried out in Abuja, Gombe, and Port Harcourt, targeted some of the most senior members of the judiciary, including Justices Walter Onnoghen and Sylvester Ngwuta of the Supreme Court, and Federal High Court judges Adeniyi Ademola and Nnamdi Dimgba. The DSS claimed they were investigating corruption, yet their conduct betrayed a more sinister motive. Homes were stormed in Gestapo fashion, judges were treated like fugitives, and search warrants reportedly carried incorrect names or were not presented at all. The judiciary was under siege. In Rivers State, Governor Nyesom Wike arrived at the residence of one of the judges to intervene and was reportedly shoved, injured, and threatened by DSS operatives. It was not an arrest. It was a constitutional assault.
I spoke firmly and publicly against this invasion. I said then what I still affirm now: the DSS acted outside the bounds of the law. As I told journalists and as reported by Premium Times, the operation was not only illegal and unconstitutional but a dangerous desecration of the rule of law. No agency of government, including the DSS, has the authority to arrest or search the premises of serving judicial officers without going through the National Judicial Council, which is constitutionally empowered to discipline judges. If there are allegations of corruption, there is a process. That process was willfully ignored. What we saw instead was a show of force meant to intimidate and humiliate. It was executive lawlessness under the guise of anti-corruption.
The greatest tragedy, however, was not merely that these events occurred. It was the manner in which they were received. The Bar, which ought to have risen as a united force, was sluggish in its response. Statements were issued, but no real action followed. There were no mass protests, no urgent court filings to challenge the illegality. The judiciary itself offered little more than murmurs of disapproval. That silence was deafening. It spoke to a larger issue: the slow death of institutional courage. When judges are raided in their homes and lawyers look away, then the entire legal profession stands indicted. If we cannot defend our own, how then can we defend the people?
This unfortunate episode also calls into question the internal health of the judiciary. The Nigerian Law Society recently criticized the widespread abuse of power within judicial institutions, pointing to opaque appointments, poor welfare, and inconsistent rulings. According to their statement reported by the Guardian, the lower courts remain underpaid and under-respected, leaving many judicial officers vulnerable to compromise. It is undeniable that some within the judiciary have failed in their duties, and that corruption has indeed crept into its chambers. However, even in the face of that, the remedy is never brute force. It is lawful accountability, constitutional procedure, and institutional reform. The rule of law must never be sacrificed on the altar of expediency.
When security agents raid the homes of judges without due process, they are not upholding the law, they are undermining it. And when the legal community reacts with silence or justification, it invites a repeat. What began with judges will not end there. Such violations set a precedent that can easily extend to journalists, lawmakers, academics, and eventually, ordinary citizens. Today it is the gavel. Tomorrow it will be the pen, the vote, the voice. That is how authoritarianism begins not always with a declaration, but often with silence.
It is not too late to reset the balance. But we must remember that a judiciary that submits to fear is no judiciary at all. A legal profession that only whispers in the face of injustice is unworthy of its robes. We must return to our roots, as defenders of liberty and protectors of due process. Let the judiciary regain its independence, and let the Bar reclaim its courage. Only then can we begin to restore the broken faith between the Nigerian people and the system that was meant to serve them.
PATHWAYS AND RECOMMENDATIONS FOR ADDRESSING SECURITY, RIGHTS PROTECTION, AND INSTITUTIONAL WEAKNESS IN NIGERIA
The challenges outlined in this paper reveal a complex web of governance failures, enforcement gaps and systemic disregard for constitutional rights. Addressing these issues requires deliberate and sustained action across multiple fronts. The following ten pathways provide a practical blueprint for reform.
Reform of Law Enforcement Institutions
The Nigerian Police Force, the Department of State Services, and related agencies need deep structural reforms. Recruitment should be based on merit and integrity rather than political patronage. Training should include human rights education, forensic investigation, and conflict-sensitive community policing. The practice of diverting a large proportion of officers to serve political elites must be stopped so that policing resources are redirected toward public safety.
Creation of Independent Oversight and Accountability Mechanisms
A civilian-led oversight authority should be established with the power to investigate and prosecute cases of misconduct by law enforcement officials. This body must have full access to records, the ability to compel testimony, and legal safeguards for whistleblowers. Its findings should be made public to ensure transparency and build trust. (To be continued).
THOUGHT FOR THE WEEK
“Money and corruption are ruining the land, crooked politicians betray the working man, pocketing the profits and treating us like sheep, and we’re tired of hearing promises that we know they’ll never keep” – Ray Davies
Related
The Oracle
The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 2)
Published
3 weeks agoon
November 14, 2025By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
The inaugural installment of this treatise dealt with the scope of insecurity in Nigeria and examined its dimensions. It was followed by a discussion of the constitutional framework of the right to life graphically depicting it as “each corpse buried without justice” being a clause in the Constitution burned in effigy.
This week’s episode will continue with same theme, followed by an in-depth analysis of how inequality breeds violence as well as how systemic lapses in law enforcement are the hidden drivers of insecurity and the erosion of rights. Thereafter, we shall discuss the contrast between constitutional mandate and institutional reality of law enforcement; its politicization and weaponization; the incidence of corruption as operational culture in law enforcement and its inherent operational weakness and challenges in its structural management. Enjoy.
EACH CORPSE BURIED WITHOUT JUSTICE IS A CLAUSE OF THE CONSTITUTION BURNED IN EFFIGY (Continues).
Even the criminal justice system, meant to operationalize the Constitution, has virtually collapsed into spectacle. The police extort with impunity. The courts delay justice until justice becomes irrelevant. Prisons overflow with awaiting trial inmates while politicians accused of looting billions of our common patrimony stroll freely through airport lounges, attending graduation events where they are conferred with purchased honorary doctorate degrees. A man who steals bread is lynched. A senator who steals a nation is given a chieftaincy title. Is this the rule of law, or the rule of rot?
Let us not forget Chapter II of the Constitution, the so-called Directive Principles of State Policy. These are the clauses that outline a vision for a just and egalitarian society free education, affordable healthcare, equal opportunity, protection of the vulnerable, decent wages, access to housing, food security, and the equitable distribution of national wealth. But here lies the deception: these provisions are rendered non-justiciable under Section 6(6)(c). In plain terms, they are promises the people cannot enforce. The Constitution dreams on their behalf, but denies them the legal means to wake that dream into action.
When a State says to its citizens, “we guarantee you food, education, and health,” and then adds a footnote saying, “but you may not ask us for it,” what emerges is not democracy it is deception. And deception is the mother of despair. Despair, when left to fester, breeds defiance. And defiance, when met without justice, becomes insurrection. That is the cycle Nigeria is now trapped in a spiral of constitutional promises turned into societal wounds.
The Constitution becomes a parody in the mouths of politicians who have never read it and judges who are too timid to enforce it. For the powerful, it is a shield; for the poor, a sword turned inward. The elite recite its sections during legal battles over electoral fraud. But where are these recitations when 652 children die of hunger in Katsina? Where are the legal arguments when a woman in Makurdi loses all her children to a communal massacre? When the man in Sokoto can no longer afford petrol, food, or peace of mind, what legal relief can he seek?
It is also worth noting the performative constitutionalism that plagues Nigeria’s legislative process. Lawmakers gather to amend the Constitution every four years like surgeons with blunt scalpels. They debate the minutiae of electoral timelines, federal character quotas, and party primaries. But no one rises to demand justiciability for Chapter II. No one proposes constitutional protections for internally displaced persons. No one fights to enshrine the right to a living wage. They adjust the frame while the house is on fire.
In the final analysis, a Constitution that cannot be felt in the body of the poor, in the belly of the child, in the safety of the mother, and in the labour of the working man, is a document not of power but of pretense. A parchment without protection. A creed without consequence.
Yet, it is not too late. What is written may still be made flesh. But first, we must acknowledge the gap. We must look the failure in the face and name it for what it is: a breach of trust, a betrayal of covenant, a blood-soaked irony. For the Constitution, like the prophets of old, still cries out: “Will you honour me with your lips and deny me with your deeds?” The answer, for now is a crass denial of deeds.
HOW INEQUALITY BREEDS VIOLENCE
Poverty is not just a condition; it is an accelerant of conflict. There is a direct and growing body of empirical evidence linking economic inequality with national insecurity. A 2024 study revealed that in Benue State, each 1% rise in insecurity led to a 0.211% drop in crop production and a 0.311% drop in livestock output. This data translates into a disturbing truth: insecurity is not only the consequence of poverty it is its co-creator. In rural communities, farmers flee their land not because of market pressures, but because of fear of bandits, herdsmen, and armed militias who now prowl agricultural heartlands, maiming, killing, raping and burning.
In the same year, Reuters reported that over 31 million Nigerians nearly 15% of the population were pushed into acute food insecurity, largely due to a combination of rising prices, mass displacement, and insecurity in farming regions. Nigeria, once a net food exporter, is now reliant on imports for survival. This is not just an economic regression; it is a national humiliation, a betrayal of the very right to life itself.
Without access to these basic social services, rights such as freedom of expression, political participation, and even the right to vote become illusory. The weaponization of poverty in Nigeria is not simply an unfortunate byproduct of mismanagement. It is a system. A structure. A design. It is the very architecture of modern power. In this architecture, deprivation is used to secure obedience, silence dissent, and eliminate competition. The economically excluded are not merely poor they are disempowered, voiceless, and disposable. That is the Stalin philosophy: impoverish and demean the people and their obedience is guaranteed in the form of Stockholm Syndrome.
This is a direct affront to the Constitution, which promises in its Preamble to promote “the welfare of the people.” It is a betrayal of the African Charter on Human and Peoples’ Rights, ratified by Nigeria, which enshrines the right of all peoples to the satisfaction of economic, social and cultural rights essential to development (Article 22). It is a violation of the United Nations’ Sustainable Development Goals, especially Goal 1 (No Poverty) and Goal 10 (Reduced Inequality).
SYSTEMIC LAPSES IN LAW ENFORCEMENT: THE HIDDEN ENGINE OF INSECURITY AND RIGHTS EROSION
The crisis of insecurity in Nigeria cannot be understood without confronting the institutional collapse of its law enforcement architecture. While terrorism, banditry and economic collapse dominate headlines, these phenomena are but symptoms; the underlying illness is a chronic and systemic failure of the bodies meant to enforce the law. This failure is not simply operational, a matter of inadequate equipment or insufficient manpower, it is structural, political, and cultural. It shapes the relationship between the citizen and the State, corrodes the rule of law, and serves as the silent engine powering the erosion of civil liberties and the normalization of impunity.
CONSTITUTIONAL MANDATE VS. INSTITUTIONAL REALITY
Under Section 214 of the 1999 Constitution, the Nigeria Police Force (NPF) is established “for the maintenance of law and order, and for the protection of lives and property.” Supplementary security agencies such as the Department of State Services (DSS), Nigeria Security and Civil Defence Corps (NSCDC), and specialized military units exist to support this mandate. In theory, these agencies stand as the custodians of safety and justice, sworn to uphold both constitutional rights and statutory law.
In practice however, these institutions are often the very conduit pipes through which laws are brazenly violated. The gulf between the constitutional ideal and the operational reality is vast. A system intended to serve the people now often serves power, wealth and political expediency against the very people. The principle of equality before the law has been replaced by a hierarchy of enforcement, where the reach and rigour of the law depend on the identity of the suspect.
POLITICIZATION AND WEAPONIZATION OF LAW ENFORCEMENT
One of the most corrosive dynamics in Nigerian policing is its politicization. Rather than functioning as neutral enforcers of the law, security agencies are frequently deployed as instruments of partisan advantage. Opposition protests are met with rapid deployment of armed police, teargas and mass arrests. In contrast, political rallies for ruling party figures proceed with minimal security interference, but with reinforced security protection even when they breach public safety and order regulations.
This political double standard is not a matter of perception alone; it is reality evidenced by documented patterns. During the 2019 and 2023 general elections, numerous observers including the Transition Monitoring Group and international missions reported instances where law enforcement personnel either failed to intervene during ballot snatching episodes, or were directly complicit. Police units habitually provide cover for armed gangs removing election materials. In many of such cases, no officers have been disciplined, further embedding the perception that law enforcement loyalty is to political patrons, not the law or the country.
The politicization extends beyond elections. Journalists investigating corruption or security failings have been arrested and detained under dubious charges, often invoking broadly worded laws such as the Cybercrimes Act or Terrorism Prevention Act. Meanwhile, known political figures implicated in large-scale embezzlement routinely enjoy “soft landing” agreements or indefinite delays in prosecution.
CORRUPTION AS OPERATIONAL CULTURE
Corruption within Nigerian law enforcement is neither sporadic nor isolated; it is systemic. The 2019 Global corruption Barometer for Africa found that Nigerians rate the police the most corrupt institution in the country. Half of those surveyed reported paying a bribe to the police in the previous 12 months.
This corruption operates at multiple levels. At street level, officers extort motorists at checkpoints, detain individuals without charge to compel “bail” payments, and demand fees before registering complaints. At higher levels, investigators may bury case files in exchange for cash; prosecutors may dilute charges; and senior officers may shield their subordinates from accountability if they share in illicit proceeds.
Even operational deployments are shaped by rent-seeking. Officers are routinely assigned to guard private residences, businesses and political figures for unofficial payments, leaving ordinary citizens with limited police presence in their communities. This practice distorts the deployment of resources, creating a policing landscape where protection is essentially commodified.
OPERATIONAL WEAKNESSES AND STRUCTURAL MISMANAGEMENT
Nigeria’s police-to-population ratio remains alarmingly low. With about 371,800 officers serving a population of over 236 million people, the country is well below the United Nations’ recommended benchmark of 222 officers per 100,000 people. This manpower gap severely hampers the Force’s capacity to tackle crime, especially in volatile areas plagued by insurgency and communal violence. To make matters worse, many of the limited officers available are deployed to safeguard high-profile politicians and elites rather than serving the broader public. In rural communities, especially in conflict-affected northern states, residents report waiting hours, sometimes days, for police to respond to distress calls, if they ever respond at all. (To be continued).
THOUGHT FOR THE WEEK
“Money and corruption are ruining the land, crooked politicians betray the working man, pocketing the profits and treating us like sheep, and we’re tired of hearing promises that we know they’ll never keep”. (Ray Davies).
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