The Oracle
The Oracle: Nigeria’s Political Leadership Since 1960 and Rhythms of Corruption (Pt. 2)
Published
1 month agoon
By
Eric
By Prof Mike Ozekhome SAN
Introduction
In the first part of this article, we examined the nexus between leadership and corruption, after which we embarked on a brief historical review of our political leadership from the pre independence period to the First Republic. Today, we shall examine how the first republic was aborted by the military coup and its push-back (the counter-coup) and how ethnic tensions preceeded the civil war which followed afterwards.
Thereafter, we shall trace the persistent trajectory of corruption through the ensuing thirteen years of military rule up to our 2nd experience of democracy between 1979 and 1983; the Buhari-Idiagbon military era (and its preference for draconian decrees) which was later replaced by the seemingly benevolent/benignly regime of our first (and only) military president, Ibrahim Babangida. Enjoy.
MILITARY COUPS: THE END OF THE FIRST REPUBLIC
By 1966, the situation had reached a boiling point. The civilian government, unable to control the escalating violence and political instability, was overthrown in Nigeria’s first military coup. On January 15, 1966, a group of young army officers, mostly of Igbo extraction, assassinated key political leaders, including Prime Minister Tafawa Balewa, Northern Premier Ahmadu Bello, and Western Premier Samuel Akintola.
Major Chukwuma Kaduna Nzeogwu, the leader of the coup, declared that the military intervention was necessary to rid the country of corruption, tribalism, and political mismanagement. In his words, “We must halt this rigged dancing competition where the winner is pre-determined before the music even begins.” However, rather than halting Nigeria’s downward spiral, the coup plunged the country into even deeper turmoil.
The coup was widely perceived in the north as an Igbo conspiracy to dominate Nigeria, especially since key northern leaders were among the casualties while the Igbo-dominated Eastern Region’s leaders remained untouched (see Wikipedia contributors. (n.d.). Nigerian Civil War. Wikipedia. <https://en.wikipedia.org/wiki/Nigerian_Civil_War>. Assessed on the 19th of September, 2024.). The result was a counter-coup in July 1966, led by northern officers, which culminated in the assassination of the new head of state, General Aguiyi-Ironsi, who was Igbo. Lieutenant Colonel Yakubu Gowon, a northern Christian, assumed leadership. What followed was a period of intense ethnic violence, particularly targeted against Igbos living in the northern regions. Tens of thousands of Igbos were massacred in what some historians consider a precursor to the Nigerian Civil War (ibid).
ETHNIC TENSIONS AND THE ROAD TO CIVIL WAR
As Nigeria lurched from one crisis to another, the dream of a united nation began to fade. The period from 1966 to 1967 was marked by intense negotiations to prevent the breakup of the country (ibid). However, the killing of Igbos in the north created a mass exodus of Igbos back to the Eastern Region. The regional military governor of the east, Colonel Odumegwu Ojukwu, declared the secession of the Eastern Region, naming it the Republic of Biafra in May 1967 (Lewis, P. (2007). Oil, politics, and economic change in Indonesia and Nigeria. University of Michigan Press. p. 78. ISBN 9780472024742.). In his declaration, Ojukwu framed the conflict as a matter of survival for the Igbo people, stating that “We are humans. We live. We fight, fight because the decision to be free is a decision taken freely and collectively, because to become involved in violent struggle for freedom is the only honour left to an oppressed people threatened with genocide, because in the final analysis the only true bulwark against death is to live. Biafra rejects death…Biafra lives” (Brittle Paper. (2014). 9 powerful quotes by Ojukwu on the history of Biafra and the revolution. Brittle Paper. <https://brittlepaper.com/2014/06/9-powerful-quotes-ojukwu-history-biafra-revolution/>. Assessed on the 19th of September, 2024.).
Gowon, on the other hand, insisted on the unity of Nigeria. To him, allowing Biafra to secede would set a dangerous precedent for other regions, potentially leading to the disintegration of the entire country. His famous declaration that “There is no basis for a Nigerian nation, except the will to stay together” encapsulated the fragile nature of Nigeria’s unity.
What followed was a brutal civil war that lasted from 1967 to 1970, with millions of lives lost, particularly on the Biafran side which killed an estimated 500,000 to 3,000,000 people (see Encyclopaedia Britannica. (n.d.). Nigerian Civil War. Encyclopaedia Britannica. <https://www.britannica.com/topic/Nigerian-civil-war>. Assessed on the 19th of September, 2024.). The images of starving children from Biafra became a symbol of the horrors of the war, drawing international attention. The war ended with Biafra’s surrender in 1970, and Gowon’s government famously declared that there was “no victor, no vanquished.” (Origins. (2020). The Nigerian Civil War: Remembering Biafra, 50 years later. Origins: Current Events in Historical Perspective. https://origins.osu.edu/milestones/nigerian-civil-war-biafra-anniversary. Assessed on the 19th of September, 2024.). However, the scars of the war would linger, deeply affecting Nigeria’s political trajectory in the years to come.
CORRUPTION: A PERSISTENT THEME
While the political landscape of Nigeria was shaped by ethnic tensions and military coups, corruption quickly became a persistent theme in its governance. From the early years of the First Republic, political leaders were accused of using their positions to enrich themselves at the expense of the people (Republic. (2023). Political party financing in Nigeria. Republic. <https://republic.com.ng/February-March-2023/political-party-financing-in-nigeria/>. Assessed on the 18th of January, 2025.). A report by Nigeria’s Coker Commission of Inquiry in 1962 found that Chief Obafemi Awolowo’s government in the Western Region had used public funds to finance the operations of his political party, the Action Group. This was just one of many scandals that eroded public trust in the political class.
The military leaders who took over after the coup of 1966 were not immune to corruption either. While they came to power with promises of cleaning up the political mess, they quickly became entangled in the same web of patronage and self-interest. Gowon’s government, despite overseeing the end of the civil war and initiating efforts to “rebuild” the nation, was plagued by accusations of financial impropriety. Nigeria’s sudden oil wealth, thanks to the oil boom of the 1970s, only made matters worse (Ogunmodede, T. A., & Egunjobi, F. (2018). Historical analysis of Boko Haram insurgency and terrorism in Nigeria.Open Access Library Journal, 5(2), 1-13. <https://www.scirp.org/journal/paperinformation?paperid=83885>. Assessed on the 19th of September, 2024.). As one critic put it, “Nigeria is not suffering from poverty; it is suffering from the mismanagement of wealth.” (Ucha, C. (2010). Poverty in Nigeria: Some dimensions and contributing factors. American University. <https://www.american.edu/cas/economics/ejournal/upload/ucha_accessible.pdf>. Assessed on the 19th of September, 2024).
THE ERA OF MILITARY DOMINATION: AUTHORITARIANISM AND DEEPENING CORRUPTION (1980-1999)
The Military Marches In: Power Through the Barrel of a Gun
By the dawn of the 1980s, Nigeria had seen more coups than it had enjoyed democratic elections. The post-colonial optimism of the early 1960s had withered, leaving behind a country caught in the throes of military domination. The soldiers who had come to “save” Nigeria from the divisive politics of the First Republic now found themselves enmeshed in the very corruption, tribalism, and mismanagement they had sworn to eradicate. The rise of military rule in Nigeria was not an accident but a consequence of a fractured political system, made worse by economic mismanagement and elite-driven greed. As the Nigerian saying goes, “He who rides the tiger cannot dismount without being devoured.” The military, having tasted power, found it too tempting to give up.
After General Yakubu Gowon’s ouster in July of 1975, the military era took a sharp turn with the ascension of General Murtala Mohammed, a brash and energetic leader determined to right the ship of state. However, his tenure was cut short when he was assassinated in an attempted coup just six months into his rule, throwing the country once again into uncertainty. His deputy, General Olusegun Obasanjo, succeeded him and became the first military ruler to hand over power voluntarily to a civilian government in 1979, paving the way for Nigeria’s Second Republic. However, this democratic experiment was brief, as the nation soon returned to military rule in 1983, beginning what many call the “era of authoritarianism.” (Ameh, A. O., & Oghojafor, B. E. A. (2014). Leadership theories and Nigeria’s development crisis: A retrospective view. CORE. <https://core.ac.uk/download/pdf/328106737.pdf>. Assessed on the 17th of January, 2025)
THE SECOND REPUBLIC: A FRAGILE DEMOCRACY
Nigeria’s Second Republic (1979-1983) came into existence amid cautious optimism. Obasanjo’s transition to civilian rule was lauded as a step toward stability, and Alhaji Shehu Shagari became the first democratically elected president of the Second Republic. Shagari’s government inherited a country rich in oil but mired in problems: poverty, ethnic divisions, and, most alarmingly, widespread corruption.
Oil was the lifeblood of Nigeria’s economy by this time, providing over 90% of the nation’s foreign exchange earnings (Chinweze, C. (2018). Analysis of the impact of oil spills and the Niger Delta crisis on Nigeria’s external relations. World Maritime University Dissertations. https://commons.wmu.se/cgi/viewcontent.cgi?article=3304&context=all_dissertations. Assessed on the 19th of September, 2024.). However, rather than being a blessing, this black gold became a curse. The government, flush with oil wealth, mismanaged the windfall, while politicians lined their pockets and patronage networks flourished. As one critic noted, “The Nigerian government is like a leaking basket filled with oil money the more you pour in, the more it spills out.”
During the Shagari administration, corruption became rampant, with large-scale embezzlement and looting of public funds HistoryVille. (2020). President Shehu Shagari: The honest man who was overthrown in a coup. HistoryVille. <https://www.thehistoryville.com/president-Shehu-Shagari/>. Assessed on the 19th of September, 2024.). Public projects were over-inflated, contracts were awarded to friends and allies, and government officials lived in opulence while the majority of Nigerians languished in poverty. A popular Nigerian proverb, “The goat eats where it is tied,” describes this situation perfectly. In the Nigerian political landscape, leaders and their close associates devoured the resources of the state with reckless abandon. The atmosphere of greed became so pervasive that when the oil prices collapsed in the early 1980s, plunging Nigeria into an economic crisis, the government was too crippled by corruption to provide meaningful solutions.
THE BUHARI-IDIAGBON ERA: WAR AGAINST INDISCIPLINE
On December 31, 1983, the military once again intervened. Major General Muhammadu Buhari and his deputy, Brigadier Tunde Idiagbon, overthrew the Shagari administration, accusing it of corruption and economic mismanagement. In his first speech as head of state, Buhari made his intentions clear: “Since what happens in any society is largely a reflection of the leadership of that society, we deplore corruption in all its facets. This government will not tolerate kick-backs, inflation of contracts and over-invoicing of imports etc. Nor will it condone forgery, fraud, embezzlement, misuse and abuse of office and illegal dealings in foreign exchange and smuggling.”
Buhari’s military regime was marked by an aggressive anti-corruption campaign. His government launched the “War Against Indiscipline” (WAI), a series of policies aimed at reforming the moral fabric of Nigerian society announced in March 1984 by Tunde Idiagbon, the Chief of Staff, Supreme Headquarters and the launch event was held at Tafawa Balewa Square to much fanfare. Public officials were arrested and tried for corruption, and draconian laws were introduced to curb societal vices like tardiness and disorder. Citizens could be flogged publicly for breaking queues, and civil servants faced harsh penalties for lateness. To Buhari and Idiagbon, discipline was the key to Nigeria’s recovery. (To be continued).
THOUGHT FOR THE WEEK
“We will not agree on every issue. But let us respect those differences and respect one another. Let us recognize that we do not serve an ideology or a political party; we serve the people.”. – John Lynch.
LAST LINE
God bless my numerous global readers for always keeping faith with the Sunday Sermon on the Mount of the Nigerian Project, by humble me, Prof Mike Ozekhome, SAN, CON, OFR, FCIArb., LL.M, Ph.D, LL.D, D.Litt, D.Sc, DHL, DA. Kindly come with me to next week’s exciting dissertation.
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The Oracle
The Oracle: Natasha’s Recall, NJC’s Code of Conduct/Judicial Discipline Regulations – Matters Arising
Published
5 days agoon
May 9, 2025By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
The dramatic on/off attempt to recall the Senator representing Kogi central Senatorial District in the National Assembly has focused public attention on that hitherto obscure and seldom used process. While the public has been regaled (if not quite transfixed) with the apparently determined and desperate attempt by her supposed constituents to recall her (and her equally robust push-back), the body at the centre of it all – the electoral umpire – has been no less up-to-the-job with its prompt assessments and verdicts (so far, in her favour). INEC roundly rejected the recall process on the ground that it has not met the constitutional requirements of section 69(a) of the 1999 Constitution.
However, what few observers have noticed (much less commented on) is the legal framework which underpins the entire process – INEC’s Guidelines for Recalling Members of the National and State Houses of Assembly, 2024. I will get to the details shortly, but it is quite interesting that a similar handicap, in my opinion, afflicts an even more sensitive regulatory document, the NJC’s (National Judiciary Council) Regulations for the Discipline of Judicial Officers. I believe both documents are potentially problematic for the following reasons, starting with that of INEC as aforesaid.
INEC’S RECALL GUIDELINES, 2024
This would-be sledgehammer which Senator Natasha’s traducers sought to deploy for her removal is expressed on its face to have been made by INEC pursuant to Sections 69, 110 and 160 of the Constitution, Sections 2(c) and 113 of the Electoral Act, 2022, “and all other powers enabling it in that behalf”. At its foot (its conclusion), it bears the signature of Prof. Mahmood Yakubu, INEC’s Chairman. Therein, in my view, lies the problem. This is because, an enactment which is supposedly made by a multi-member body cannot validly be endorsed or executed by only one of them – without an express authorization to that effect. Administrative bodies must act within the scope of their statutory powers and follow administrative due process. See the cases of Ajiboye V. Attorney-General of the Federation (1994) 5 NWLR (Pt. 345) 765 and Shitta-Bey v. Federal Public Service Commission (1981) 1 SC 40.
The relevant law is Section 27(2) of the Interpretation Act, which provides that where a body established by an enactment comprises three or more persons and is empowered to make subsidiary instruments, for any such instrument to be valid, it should be “executed under the hand of any two of the members thereof as may be authorized by such body generally for that purpose or specially or any particular occasion”.
Now, by virtue of Paragraph 14(1) of the Third Schedule to the 1999 Constitution, INEC consists of a Chairman and twelve members (called “National Electoral Commissioners”). Section 148 of the Electoral Act, 2022 empowers INEC to make regulations, guidelines or manuals for the purpose of giving effect to the Act. Even though Section 147 of the Act empowers the Commission to delegate “any of its powers and functions to any National Electoral Commissioner, Resident Electoral Commissioner, electoral officer, or any other officer of the Commission or any other officer appointed under the provisions of (the) Act,” curiously, not only are the Guidelines themselves not expressed to have been made pursuant to the aforesaid provisions of Section 148 of the Electoral Act, more importantly, they are silent on any delegation of the power to enact them by the Commission to its Chairman, as contemplated by Section 147 of the Electoral Act.
The implication of this defect is glaring: the Recall Guidelines are ultra vires the sole executor thereof, INEC’s Chairman, because by virtue of the aforesaid combined provisions of Section 27(2) of the Interpretation Act and Paragraph 14(b) of the Third Schedule to the Constitution, they should have borne the imprimatur (been “executed under the hand”) of at least two of INEC’s Commissioners or officers. There are limits to statutory and constitutional powers due to the supremacy of due process over the ultra vires acts of public officers. See the cases of Attorney-General of Lagos State v. Attorney-General of the Federation (2003) 12 NWLR (Pt. 833)1 and Minister of Internal Affairs v. Shugaba Darman (1982) 3 NCLR 915. This ought to have completely put paid to Senator Natasha’s entire recall saga, and forcing INEC to go back to the drawing-board. This remains to be seen, of course. The “wahala” of reviewing without supposed ballot papers of recall. The law might yet hand her a technical victory – seemingly without firing a shot.
NJC’S JUDICIAL DISCIPLINE REGULATIONS 2017
This document appears to be even more problematic than INEC’s Guidelines. How is that so? This is so because even though the Regulations were expressly made by the NJC on the 9th day of March, 2017, there is nothing on their face to indicate to suggest that they were executed by any officer of that distinguished body of Jurists – not even the Honourable Chief Justice of Nigeria who is its head by virtue of Paragraph 20(1) of the 3rd Schedule of the 1999 Constitution. The same paragraph provides that the NJC consists of twenty-three members.
Indeed, similar provisions in Section 27(2) of the Interpretation Act prescribe that the NJC Regulations ought to bear the imprimatur of at least two of its members. Its failure in this regard, with the greatest respect, is even worse because I am not aware of any provision – similar to those of Section 147 of the Electoral Act, 2022 – which empowers the Council to delegate any, some or all its powers (especially of enacting subsidiary instruments such as the Regulations) to any of its members (presumably the Hon. CJN). This lacuna is too obvious to be over-emphasized – much less overlooked. It should be squarely addressed by concerned authorities.
RULES OF EVIDENCE
Beyond the foregoing fatal structural defect, a fundamentally more worrisome aspect of the NJC Regulations, in my humble view, are the provisions of Regulation 21(3) thereof which stipulate that the rules of evidence do not apply to the Investigating Committee’s hearings. This provision is curious, to say the least, given that the Regulations are meant to guide an investigation into judicial misconduct – to probe allegations of ethical violations and malfeasance against judicial officers who, by their very calling, are trained to apply (and have been applying virtually throughout their entire careers) the rules of evidence codified in the Evidence Act, 2011.
This provision is problematic because by virtue of the provisions of Item 23 of the Exclusive Legislative List of the Constitution, only the National Assembly is competent to legislate on evidence. See the case of AG Abia State v. AG Federation (2002) LPELR-611 (SC). That being the case, the broader question becomes whether the other evidence-related provisions of the NJC’s said Regulations – namely Regulation 21(2), (4), (5), (7) and (8) might legitimately come under scrutiny. They stipulate as follows:-
<span;><span;>- (2): “All testimony taken at the hearing shall be given under oath or affirmation and recorded”;
<span;><span;>- (4): “The complainant shall be given an opportunity to produce evidence and call witnesses”;
<span;><span;>- (5): “At any hearing of the Investigating Committee, the subject judge has the right to present evidence, to compel the attendance of witnesses and to compel the production of witnesses and to cross examine, in person or by Counsel, Committee Witness”;
<span;><span;>- (7): “The Investigating Committee may take oral evidence if it considers it necessary to do so”;
<span;><span;>- (8): “The Investigating Committee must arrange for any evidence given orally to be recorded in a transcript or by electronic recording”.
The significance of the foregoing is underscored by the fact that the NJC is not one of the bodies which are specifically excluded from the application of the Evidence Act, 2011, under the provisions of Section 256 of the Evidence Act. The maxim is expresso uniu est exclusio alterius (the express mention of a thing in a statute implies the exclusion of others which otherwise might be included). See P.H.C.S. LTD VS MIGFO LTD. (2012) All FWLR Pt. 642 pg. 1615.
I humbly submit that the foregoing view is buttressed by Item 68 of the Exclusive Legislative List of the Constitution which stipulate that the power of the National Assembly to legislate on the substantive subject matters of the preceding Items (1-67) in that List includes “any matter incidental or supplementary to any matter mentioned elsewhere in (the) List.”
CODE OF CONDUCT FOR PUBLIC AND JUDICIAL OFFICERS
Yet, another interesting issue is the Code of Conduct for Judicial Officers 2016. Is the fact that it appears to be co-extensive with the Code of Conduct for Public Officers under the Constitution in the Fifth Schedule thereof anomalous in any way?. Has the Constitution covered the field or can the more detailed and specific provisions of the latter co-exist with it? Is enacting a Code of Conduct for Judicial Officers among the powers donated to the NJC under Paragraph 21 of the Third Schedule to the Constitution? That is the question.
This issue is somewhat topical given the ongoing story about the propriety of the chairmanship of the Board of Trustees of the IBB golf club, Abuja, by the President of the Court of Appeal. Given the provisions of Rule 9.3 of the said Code of Conduct for Judicial Officers 2016 which expressly permits judicial officers to join sporting organisations. One wonders whether Hon. Justice Monica Dongban-Mensem breaches any Code of Conduct to so act. I very doubt if the Code of Conduct for Public Officers under the Constitution bans such engagements. Although she may be on sure footing, to so act, this must be subjected to public perception of the Head of the Intermediate Court intermingling with the hordes of politicians that daily patronize the Golf Club. And perception is invariably reality. With Justice Emeka Nwite’s restraining order against her and others from being nominated and presented pending the determination of the Originating suit – the many peels of the onions are just unfolding.
In all, the non-endorsement of the foregoing vital regulatory instruments (including the Code of Conduct for Judicial Officers) in the manner required by law might make them vulnerable to challenge by ambitious counsel and litigants who might fall back on such complaints in the absence of more fundamental objections or defences. Let those in charge of amendments to these laws do the needful immediately.
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The Oracle: Justice Denied? The Supreme Court’s Judgment in Sunday Jackson’s Self-Defence Case (Pt. 1)
Published
2 weeks agoon
May 3, 2025By
Eric
By Prof Mike Ozekhome SAN
Introduction
The recent Supreme Court judgment in SUNDAY JACKSON V. STATE (SC/CR/1026/2022), delivered on the 7th of March, 2025, has sparked widespread legal and moral outrage across Nigeria. In affirming the death sentence handed down by the trial court, the apex court failed to deliver substantial justice in a case marked by procedural breaches, rigid legalism, and a troubling disregard for the fundamental right of self-defence. This essay critically examines the judgment, arguing that it is unjust, perverse, unscholarly, and wholly unjustified in both reasoning and outcome.
In a nation where the winds of uncertainty often shake the pillars of governance, the judiciary stands as the last bastion of hope, a symbol of justice, fairness and the enduring promise that truth can still prevail in Nigeria.
The gravity of judicial responsibility, particularly at the level of the Supreme Court of Nigeria, cannot be overstated. As the apex court and final arbiter of justice, the Supreme Court stands as the ultimate guardian of the Nigerian Constitution, the protector of public rights, and the interpreter of the law. Its pronouncements not only resolve individual disputes but also shape the trajectory of national jurisprudence, social order, and democratic integrity. A single judgment from the Supreme Court becomes binding precedent, reverberating through all lower courts and across the institutions of governance. This elevated position demands that its Justices of the apex court exercise the highest levels of legal intellect, moral integrity and impartial deliberations unclouded by politics, fear, favour, prejudice or personal interest.
The sanctity of the Court rests on the public’s faith in its wisdom, objectivity and commitment to justice. Citizens turn to the judiciary when every other organ of government has failed them; it is the last hope of the common man. Therefore, a poorly reasoned or blatantly biased judgment from the Supreme Court does more than harm the litigants before it inflicts deep and lasting damage on the national psyche. It sows seeds of cynicism and disillusionment, erodes confidence in the rule of law, and emboldens lawlessness in both high and low places. Worse still, inconsistent or politically tainted decisions fracture the coherence of the legal system, leaving lower courts unsure, litigants confused, and legal practitioners adrift. In a society already grappling with instability, corruption, and contested democratic norms, the Supreme Court’s responsibility becomes even more sacrosanct. Its every judgment must be a beacon of clarity, fairness and constitutional fidelity, because when justice falters at the summit, the entire legal edifice trembles beneath it.
The Sunday Jackson Metaphor
With every passing day, Sunday Jackson, draws closer to having a noose around his neck and a chair kicked from under him. He awaits a governor’s signature, his fate balanced between the executioner’s grip and the taste of freedom. The final conviction and death sentence passed on Sunday Jackson, a young farmer from Adamawa State, has sparked both legal and moral outrage, not only because of the Supreme Court’s judgement but also due to the broader implications it carries for justice, equity and the ordinary Nigerian’s faith in the law. At the heart of this case is a man, living in a region marred by years of deadly conflict between pastoralist herders and sedentary farmers, an environment where survival is often tied to the right to defend one’s land and life. Most Nigerians believe that the justice edifice failed citizen Jackson from the High Court, through to the intermediate court and up to the Supreme Court.
Summary of Facts
SUNDAY JACKSON V. THE STATE (SUPRA)
On the 7th of March, 2025, the Supreme Court of Nigeria delivered a judgment that sent shockwaves through legal and civil society circles. The apex court upheld the death sentence passed Sunday Jackson, a local farmer from Adamawa State, who had been convicted of killing a Fulani herdsman, Ardo Bawuro, during a violent encounter on his farmland. The facts surrounding the case raised significant questions about fairness, judicial reasoning and the fundamental right to self-defence.
The incident that led to Jackson’s prosecution occurred sometime in 2018 in Kodomti, Numan Local Government Area of Adamawa State. Jackson had gone to harvest thatching grass on his farm when he was confronted by Bawuro, who allegedly accused him of being involved in the killing of his cattle. A confrontation ensued. According to Jackson’s statement, Bawuro attacked him with a dagger. In the struggle that followed, Jackson managed to disarm him and, in a bid to protect himself, stabbed Bawuro in the neck multiple times. The herdsman died from his injuries. Jackson fled the scene but was later apprehended and charged with culpable homicide punishable with death.
The Judgement And Some Legal Challenges
Despite Jackson’s plea of self-defence, the trial court in Adamawa state and subsequently the Court of Appeal, rejected his argument and found him guilty of murder under Section 221 of the Penal Code. The Supreme Court, in affirming this decision, concluded that Jackson’s use of force was excessive and unnecessary once the threat was neutralized by his having disarmed his assailant. This reasoning, however, has not gone unchallenged.
The judgment, which took 167 days to be delivered after the final written addresses far exceeding the 90-day constitutional deadline raises serious procedural concerns. Section 294(1) of the 1999 Constitution mandates that judgments must be delivered not later than 90 days after the conclusion of arguments. Legal analysts argue that such delays not only breach constitutional provisions but also affect the credibility and validity of judgments, especially in capital cases where human life is at stake.
Even more contentious was the court’s interpretation of self-defence. While acknowledging that self-defence is a complete defence to murder, the court still found that Jackson fulfilled only part of the legal criteria. According to the judgment, although Jackson did not provoke the attack and was in immediate peril, he failed to retreat once he had disarmed the deceased. The court reasoned that having seized the dagger, Jackson no longer faced an imminent threat and should have fled instead of retaliating with deadly force. This position has been widely criticized as unrealistic and disconnected from the realities of violent encounters.
Jackson’s claim was consistent and straightforward; he acted instinctively to preserve his life in the face of sudden, life-threatening danger. The stabbing occurred during a physical struggle. The notion that he had a clear and safe opportunity to flee while entangled in a fight with an armed opponent is, at best, speculative and, at worst, a dangerous oversimplification of a clear and perfect danger to his life. The apex court appeared to construct a simplistic mental narrative that did not align with the raw, chaotic nature of real-life violence.
The most alarming aspect of the judgment was the court’s failure to apply the doctrine of excessive self-defence, which is well recognized under Section 222(2) of the Penal Code. This provision reduces a murder charge to manslaughter where death occurs in the course of self-defence but with force that exceeds what is reasonably necessary. In similar cases, such AS OKONKWO V STATE (1998) 4 NWLR 143 CA, the courts acknowledged the value of subjective human reaction under extreme fear and pressure. The Supreme Court, in Jackson’s case, chose a strictly objective standard and ignored compelling evidence that Jackson acted in a state of panic and fear.
In a nation plagued by constant deadly farmer-herder clashes, often fueled by a failure of state security and law enforcement, the case of Sunday Jackson represents a grim reminder of how legal rigidity can compound social injustice. The Supreme Court had an opportunity to clarify and evolve the jurisprudence of self-defence in Nigeria to align it with human reality, constitutional guarantees, and moral common sense. Instead, it chose a path, in my humble thinking, that seems more invested in procedural technicality than in substantial justice.
As the Supreme Court famously held, justice, ultimately, must not only be done but must be seen to have been done. In Sunday Jackson’s case, it appears neither was. See ADMINISTRATOR & EXECUTOR OF THE ESTATE OF ABACHA V SAMUEL DAVID EKE-SPIFF & ORS (2009) LPELR – 3152 and R. V. SUSSEX JUSTICES EXPARTE MCCARTHY (1924) 1KB 256 at 259.
Overview Of The Supreme Court Judgement: Points Of Concern
1. Procedural Irregularities and Constitutional Violations in judgment delivery
One of the most glaring issues with the judgment is the court’s failure to address a fundamental procedural breach, the inordinate delay in judgment delivery. Section 294 (1) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) mandates that courts must deliver judgment within 90 days of final addresses. In Jackson’s case, after final written submissions on the 27th of August, 2020, judgment was not delivered until the 10th of February, 2021, a staggering 167-day delay. This delay not only breached the Constitution but also the Administration of Criminal Justice Law of the state, which guards against undue delay in criminal trials. And as the saying goes, justice delayed is justice denied. See the cases of COLLEGE OF EDUCATION EKIADOLOR & ORS V OBAYAGBONA (1028) LPELR-40154 (CA) and DIAMOND BANK PLC V SLIMPOT (NIG) LTD (2018) LPELR-41612 (CA).
Such procedural irregularities are not mere technicalities when the life of an accused is on the line. Legal precedent and statutory provisions affirm that a judgment delivered outside constitutional limits is voidable, especially when it could amount to a miscarriage of justice. Yet, the Supreme Court chose to sidestep this error, affirming a death sentence based on a tainted process. The implications of this oversight go beyond Jackson’s case; it undermines public confidence in the judiciary’s ability to uphold its own rules.
2. Misapplication of the Doctrine of Self-defence
The Supreme Court’s narrow and mechanical application of the self-defence doctrine marks another troubling aspect of the judgment. By Jackson’s uncontested account, he was suddenly and violently attacked by the deceased, a herdsman armed with a dagger. A physical struggle ensued, during which Jackson managed to disarm the attacker and, in a moment of survival instinct, stabbed him multiple times. Jackson then fled the scene.
The court held that once Jackson had disarmed his assailant, he was no longer in danger and should have retreated. This finding was both speculative and disconnected from the realities of close-combat self-defence. The retrieval of the weapon and the fatal stabbing occurred nearly simultaneously, during an intense physical altercation. The court’s assumption that Jackson had a viable opportunity to retreat was not supported by the available evidence. It further ignored the psychological turmoil and imminent threat Jackson faced at that moment.
Even if Jackson exceeded reasonable force in the heat of the encounter, section 222(2) of the Penal Code clearly states that where death results from excessive force used in self-defence in good faith, the appropriate charge is manslaughter, not murder. The court’s refusal to consider this statutory mitigation reveals a disturbing commitment to technical rigidity over fair and context-sensitive adjudication. (To be continued).
Though for the week
“There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice”. (Montesquieu).
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The Oracle: Evaluating Nigeria’s Political Leadership Since 1960 and Rhythms of Corruption (Pt. 9)
Published
3 weeks agoon
April 25, 2025By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
In our last outing in this series, we emphasized on how the people’s Constitution can make the decisive difference. Today, we shall continue and the same topic after which we shall take a look at how to navigate the path to a new Nigeria. Read on.
A PEOPLE-DRIVEN CONSTITUTION: RECLAIMING NIGERIA’S POLITICAL DESTINY (CONTINUES).
The judiciary, which is meant to serve as the guardian of the Constitution, must be truly independent. Section 84(4) of the 1999 Constitution provides for the remuneration of judicial officers, but financial autonomy must be extended beyond salaries to cover the operational needs of the courts. A judiciary that is dependent on the executive for its funding cannot be expected to act impartially. The new constitution must guarantee the financial independence of the judiciary, ensuring that it can function without interference from the executive.
Furthermore, the non-justiciable nature of Chapter II of the 1999 Constitution, which deals with economic and social rights, must be addressed. These rights, which include the right to education, healthcare, and housing, are currently unenforceable in court under the Constitution (Section 6(6)(c) of the 1999 Constitution of The Federal Republic of Nigeria). This has allowed successive governments to neglect these vital services without consequence. The new constitution must make these rights justiciable, giving citizens the power to hold their government accountable for providing essential services.
Nigeria’s anti-corruption agencies, such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC), must also be strengthened. Currently, these bodies are often seen as tools for political vendettas, rather than impartial agencies tasked with rooting out corruption. The new constitution must guarantee the independence of these agencies, insulating them from political interference and providing them with the resources they need to carry out their mandates effectively. As the saying goes, “You cannot fight corruption with corrupt tools.” These agencies must be restructured to become credible institutions that can restore public confidence in governance.
Also, Nigeria is a country of over 250 ethnic groups, each with its unique culture, language, and traditions. The new constitution must reflect this diversity, ensuring that all Nigerians, regardless of their ethnicity, religion, or region, are given equal opportunities to participate in governance and access the nation’s resources. The current federal character principle, as outlined in Sections 14(3) and 147(3) of the 1999 Constitution, has often been used as a tool for political patronage rather than genuine representation. The new constitution must ensure that appointments are based on merit while maintaining the balance necessary to promote national unity.
One of the most pressing issues that the new constitution must address is that of indigeneity. In many parts of Nigeria, citizens are classified as “indigenes” or “non-indigenes,” with the former enjoying privileges in terms of employment, education, and political participation, while the latter are treated as second-class citizens. This practice has fueled ethnic tensions and undermined the sense of national identity. The new constitution must abolish the distinction between indigenes and non-indigenes, ensuring that all Nigerians have equal rights and opportunities, regardless of where they reside. This would go a long way in fostering a sense of national unity and reducing the ethnic and regional tensions that have long plagued Nigeria.
As the saying goes, “Democracy is not a spectator sport.” For democracy to thrive in Nigeria, the electoral process must be transparent, free, and fair. One of the biggest challenges in Nigeria’s political landscape is the lack of trust in the electoral system. Voter apathy is high, as many Nigerians believe that their votes do not count. This belief is not unfounded, as elections are often marred by violence, vote rigging, and judicial manipulation.
The new constitution must include provisions that revamp the electoral process, ensuring that every vote counts. This includes the use of technology to enhance transparency in the voting and counting process, as well as stringent penalties for electoral fraud. Electoral offenders must be prosecuted and banned from holding public office for a specified period, as a deterrent to those who seek to undermine the democratic process.
Furthermore, the new constitution should allow for independent candidates to run for office, providing Nigerians with more choices and breaking the monopoly of the political parties. This would open up the political space to new voices and ideas, fostering a more vibrant democracy.
Conclusively, Nigeria stands at a crossroads, and the choices made in the coming years will determine the country’s future. The 1999 Constitution, flawed and illegitimate, has run its course. It is time for Nigeria to chart a new path, one that is driven by the will of the people and guided by principles of fairness, justice, and accountability.
A new constitution is not just a legal document; it is the foundation upon which a nation builds its future. For Nigeria, that future must be one where power is decentralized, institutions are strong, and corruption is no longer a way of life. The journey towards this new Nigeria will not be easy, but as the proverb goes, “The journey of a thousand miles begins with a single step.” That step is the creation of a new, people-driven constitution, one that truly reflects the aspirations of Nigeria’s diverse and vibrant population.
By decentralizing power, strengthening institutions, ensuring inclusivity, and revamping the electoral process, Nigeria can finally begin to break free from the cycles of poor leadership and corruption that have held it back for decades. The time for change is now, and it is the Nigerian people who must lead the way.
CONCLUSION: NAVIGATING THE PATH TO A NEW NIGERIA
Nigeria stands at a pivotal moment in its history. The road from independence has been filled with hope, turbulence, and resilience. Through every challenge, political instability, corruption, economic stagnation, and social inequality, the Nigerian spirit has remained unyielding. Yet, as the proverb wisely says, “A river may be wide, but it can always be crossed.” The task ahead is immense, but not insurmountable. The time has come to reimagine a future built on the foundation of ethical leadership, accountability, and the collective strength of the Nigerian people.
Corruption, a shadow that has followed Nigeria since its earliest days, has eroded the promise of prosperity and progress. From the post-independence era to the present day, corruption has been a persistent barrier, preventing the full realization of Nigeria’s potential. However, the people of Nigeria have shown time and time again that they are not defined by the failures of their leaders, but by their own resilience, innovation, and determination. Across the country, from the vibrant streets of Lagos to the fertile plains of Kano, a new generation is rising, a generation that refuses to accept the status quo, a generation that believes in a better tomorrow.
For Nigeria to fully realize its vast potential, a transformation in governance must occur. This is not merely about eradicating corruption; it is about fostering a culture of integrity, accountability, and service. The nation must embrace leadership that puts the people first, leadership that serves not just as rulers but as custodians of the public good. Institutions must be strengthened, ensuring they are not mere pawns in political games but pillars of justice, fairness, and transparency. Only through this systemic reform can the cycle of impunity be broken, and the vision of a prosperous Nigeria become a reality.
The road to reform is neither simple nor swift, but it is essential. The future of Nigeria will not be defined by its past mistakes but by the courage of its people to demand better from those in power. It is the everyday Nigerian, the youth, the farmer, the entrepreneur, the teacher who holds the key to the country’s future. It is their voice, their activism, and their insistence on justice and fairness that will pave the way for the Nigeria of tomorrow.
As Nigeria steps into a new era, the challenges remain significant, but the opportunities are boundless. The country has everything it needs to thrive, a young and dynamic population, rich natural resources, and a vibrant cultural heritage. The only missing ingredient is the collective will to channel these resources toward the common good. It is in this spirit that Nigeria must move forward, with hope, vision, and an unwavering belief that a brighter future lies ahead.
The proverb says, “No matter how long the night, the day is sure to come.” For Nigeria, that day is on the horizon. It will not come through the actions of a few, but through the collective determination of the many. The dawn of a new Nigeria is within reach, and the time to seize it is now. (The end).
THOUGHT FOR THE WEEK
“There are three essentials to leadership: humility, clarity and courage”. —Chan Master Fuchan Yuan.
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