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The Oracle

The Oracle: The Right to Development, Public Interest Litigation, and the Rule of Law in Nigeria (Pt. 2)

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By Prof Mike Ozekhome SAN

INTRODUCTION

In our last outing in this treatise, we started with a brief introduction of the subject matter, after which we delved into the following sub-topics: Public Interest Litigation (PIL); Rule of Law; Significance in Nigeria’s Socio Political Context; Thesis Statement; we later x-rayed The Right to Development in the Nigerian Context focusing on: Origin and Definition under International Law; Constitutional Silence: Implicit vs. Explicit Recognition; Socio Economic Rights in Chapter II of the 1999 Constitution; Justifiability, Debate and Attempts at Enforcement; Role of ECOWAS Court Decisions; we also discussed Public Interest Litigation (PIL) as a Tool for Enforcing the Right to Development with emphasis on: Defining the Rule of Law (Dicey, Constitutionalism, Judicial Independence); Does PIL Promote or Undermine the Rule of Law?; Weak Enforcement of Judgments & Executive Non Compliance (Dasuki case); Tensions Between Populist Litigation and Strict Legalism; we later concluded with some case studies and examples – SERAP v. Federal Government (Mismanagement of Education Budget) and Ken Saro-Wiwa’s Legacy & the Ogoni Nine: Environment as Development Right. Today, we shall continue with same – looking at the cases of ECOWAS Judgment in SERAP v. Nigeria (2010): Education Rights; Public Interest Litigation Advocated or Led by Mike Ozekhome SAN. After which we shall take a look at some challenges and fashion out the ways forward vide Legal Standing and Procedural Bottlenecks; Need for Constitutional Amendment to Enforce Chapter II; Judicial Independence and Political Will; Enhancing Legal Aid and Public Interest Lawyering and Coordinated Reform Strategy, we shall then conclude with the deep interconnection between development, justice, and the rule of law in Nigeria. Please read on.

C. ECOWAS Judgment in SERAP v. Nigeria (2010): Education Rights

As earlier noted, this landmark judgment reaffirmed that Nigeria’s failure to guarantee free basic education violated African Charter rights. Despite the Charter’s binding nature, Nigeria’s domestic legal framework and executive apathy meant that implementation was uneven—demonstrating both the power and limitations of regional jurisprudence in advancing development rights.

D. Public Interest Litigation Advocated or Led by Mike Ozekhome SAN

Prof. Mike Ozekhome SAN has been at the vanguard of PIL advocacy in Nigeria. As a co-founder of Civil Liberties Organization and the Universal Defenders of Justice Initiative, he has fought high-profile PIL cases and penned key essays on the role of litigation in promoting socio-economic rights and rule of law (Mike Ozekhome’s advocacy, PIL leadership roles (Wikipedia page – Civil Liberties Organization)). His writings frequently explore the intersections of PIL, governance, and constitutionalism in Nigeria.

NOW THIS

CHALLENGES AND WAY FORWARD

A. Legal Standing and Procedural Bottlenecks
Despite judicial strides in liberalizing locus standi through cases like COPW v. NNPC and rules like Rule 3(e) of the Fundamental Rights (Enforcement Procedure) Rules 2009, Nigerian courts continue to exhibit uneven practice. In Edun v. Governor of Delta State (2021) LPELR-53369(CA), the Court of Appeal dismissed the claim of a concerned citizen against a state law on pensions, reiterating restrictive standing rules—demanding pecuniary or special damage over and above that of the general public. Such judicial resistance impedes public interest litigation, enables premature dismissals, and discourages NGOs and citizens from initiating PIL on socio-economic and environmental rights issues (Edun v. Governor of Delta State & Ors, Court of Appeal (2024) – restrictive locus standi upheld due to lack of special damage). Moreover, litigation is further obstructed by procedural hurdles: strict limitation statutes, high court fees, technical filings, and protracted preliminary objections all pose obstacles to access to justice.

B. Need for Constitutional Amendment to Enforce Chapter II
While Chapter II of the 1999 Constitution establishes desirable policies (education, health, housing), Section 6(6)(c) expressly bars courts from entertaining any enforcement suit on these directives.

This legal fiction leaves citizens with aspirational rights but no legal recourse. Notably, in Attorney General of Ondo State v. Attorney General of the Federation (2002), the Supreme Court emphasized that turning non-justiciable directives into binding rights would require enabling legislation by the National Assembly (Section 6(6)(c) and jurisprudence on Chapter II – enforcement barred). The denial of enforceability under Section 6(6)(c) also precludes fundamental progress in socio-economic litigation. Legal scholars like Antia and Shehu argue for constitutional amendment to either remove Section 6(6)(c) or for targeted legislation under the Exclusive Legislative List (Item 60(a)) to domesticate and enforce Chapter II rights. See AG Ondo State v. AG Federation & Ors (2002) 27 WRN 1 (SC).

C. Judicial Independence and Political Will
A robust judiciary is essential for PIL viability. The courts must not only interpret PIL-friendly doctrines but also defend their rulings from executive influence. However, appointment politicization, inadequate budget allocations, and threats to judicial tenure undermine impartiality (Antia, “Arguments Against Non-Justiciable Status of Chapter II”, SSRN (2024); Shehu, AHRLJ (2013)). Even when courts deliver favorable rulings, political actors often ignore or undermine them. A pattern emerges: delayed implementation, lack of enforcement, or bureaucratic foot-dragging dominates responses to judgments requiring policy reforms—be it education, environmental cleanup, or public budgeting (Observations on judicial funding and appointments limiting impartiality – Vanguard commentary on judicial independence). Judicial robustness is also contingent upon political will: without executive cooperation or follow-through, PILs become hollow victories (Reports on non-compliance with ECOWAS court rulings – Serap-Nigeria, Vanguard.).

D. Enhancing Legal Aid and Public Interest Lawyering
Building a vibrant public interest litigation ecosystem requires investment in legal aid infrastructure. NGOs like SERAP, CLEEN Foundation, and Citizens’ Gavel, along with pro bono units within law firms, are critical but under-resourced (Institutional inertia described in LawCare and academic analyses.). To sustain PIL impact, systematic training for public law lawyers, senior advocates, and judges is essential. This includes education in socio-economic rights, procedural skills, advocacy tactics, and enforcement strategies. Institutional support—through public interest legal clinics, university partnerships, and judicial training workshops—can amplify advocacy reach and strategic coordination (Ebbo Achimugu, “Nigeria’s PIL NGOs and Legal Aid”, University of Lagos Policy Forum.).

E. Coordinated Reform Strategy
Implementing these changes demands a multi-faceted approach:
1. Constitutional / legislative reform – Eliminate or revise Section 6(6)(c) and enforce Directive Principles through binding national instruments.
2. Judicial training and procedural reform – Standardize PIL-friendly standing thresholds and procedure across courts.
3. Civil society capacity building – Establish pro bono networks, fund PIL litigation, institutionalize mentorship and strategic litigation support.

Executive accountability mechanisms – Develop legal frameworks or monitoring bodies to ensure compliance with court and regional rulings, potentially linked to budgetary oversight (Experts’ recommendations on coordinated reform strategy – SSRN analysis, LawPavilion proposals.).

AND THIS

VII. CONCLUSION

This study underscores the deep interconnection between development, justice, and the rule of law in Nigeria. The right to development, encompassing education, health, environment, and livelihoods, relies not just on visionary constitutional drafting but on enforceable legal frameworks. With courts historically unwilling or unable to enforce socio-economic entitlements, public interest litigation has emerged as a vital—but partial—remedy. PIL has expanded standing rules, activated international and regional jurisprudence (e.g., ECOWAS judgments), and given voice to marginalized groups. Yet, structural barriers—procedural technicalities, constitutional inflexibilities, weak judicial independence, and political indifference—stay the promise of justice.

Therefore, PIL must be recognized as one essential component within a broader reform agenda. Achieving meaningful development and strengthening Nigeria’s rule of law requires:
• Constitutional and legislative amendments to enforce Chapter II socio-economic rights.
• Institutional support for civil society lawyers and NGOs.
• Judicial independence and political will to respect court rulings.
• Mechanisms ensuring enforcement and accountability.

Only through cohesive reform—linking legal, institutional, and political dimensions—can PIL fulfill its promise. The aim must not be isolated litigation victories but structural transformation: where development becomes a justiciable right, enforcement mechanisms function, and the judiciary, legislature, and executive operate within a genuine rule-of-law framework. (The end).

THOUGHTS FOR THE WEEK

“Sustainable development is the pathway to the future we want for all. It offers a framework to generate economic growth, achieve social justice, exercise environmental stewardship and strengthen governance” – Ban Ki-moon.

“Sustainable development is a fundamental break that’s going to reshuffle the entire deck. There are companies today that are going to dominate in the future simply because they understand” – Francois-Henri Pinault.

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The Oracle

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

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By Prof Mike Ozekhome SAN

ABSTRACT

Universities are not merely centres of learning but pivotal institutions that shape and sustain societal transformation. Positioned at the nexus of knowledge, innovation, and culture, they serve as engines of human capital formation, research, and socio-economic development. Their influence extends far beyond academic instruction: in developing societies grappling with political instability, economic challenges, and social inequities, universities have emerged as critical actors in nurturing critical thought, producing socially responsible graduates, and driving social reform. They contribute not only to national progress but also to regional and local development, acting as hubs of expertise, employers of labour, incubators of innovation and integrators of public policy.

By influencing governance, shaping labour market and skills policies, fostering entrepreneurship, and promoting sustainable development, universities play a unique role as catalysts for inclusive growth. Yet, their transformative capacity is often constrained by structural challenges such as underfunding, weak governance, and limited research–industry linkages. Drawing on theoretical perspectives and global best practices, this paper argues that universities can be repositioned as dynamic agents of societal change if granted greater autonomy, strengthened through research investment, and embedded in robust partnerships with government, industry, and civil society. Ultimately, the vitality of a society is mirrored in the strength and responsiveness of its universities.

KEYWORDS: Universities; Societal Transformation; Human Capital Development; Innovation Ecosystems; Higher Education Policy; Governance and Autonomy; Sustainable Development; Civic Engagement; Public Policy Reform.

INTRODUCTION

Different metaphors have long been used to capture the complex relationship between higher education and societal development in concise and memorable ways. The first is mechanical (https://www.researchgate.net/publication/387801956_Universities_as_Catalysts_for_Social_Transformation_in_Developing_Countries#:~:text=The%20role%20of%20universities%20in,also%20in%20driving%20social%20reform> accessed 7 September 2025): higher education is an engine, powerhouse, driver, dynamo, booster, accelerator, or lever of growth and prosperity, suggesting that the pace of regional and national progress is set within the university. The second is biological: universities as hothouses, seedbeds, breeding grounds, spawning places, catalysts, or fermenters, sites where ideas sprout, blossom and reinvigorate society through innovation. The third is network-oriented: universities as nodes, hubs, bridgeheads, mediators, transfer points, or transmission centres, emphasising their role in disseminating knowledge and linking government, industry and communities. Finally, the temporal metaphors portray universities as the spearheads, vanguards, lighthouses, and signposts of transformation, guiding society through periods of change.

Yet the university is not merely a catalogue of metaphors. It is not a mere edifice of stone and chalk, nor simply a marketplace where degrees are traded and rituals observed. It is, in truth, the living citadel of knowledge, the intellectual furnace where the raw ore of youthful potential is refined into the gold of human capital. At its best, the university is both the conscience and the compass of society: diagnosing its maladies, prescribing its cures, and charting its course into the future. To reduce it to a certificate mill is to misunderstand its sacred function and to weaken the very foundations of national development.

Consider, for instance, the metaphor of the catalyst. In the laboratory, a catalyst accelerates transformation without itself being consumed. So too must the university serve as the silent accelerator of societal progress, shaping minds, equipping hands, and moulding character while standing as a permanent reservoir of knowledge, values, and innovation. Through it, theory becomes praxis, and research becomes a weapon against poverty, disease and ignorance.

History testifies to this catalytic role. The Renaissance was mid-wifed by the universities of Bologna, Paris, and Oxford (Wikipedia, History of European Universities, https://en.wikipedia.org/wiki/History_of_European_universities> accessed 7 September 2025); the scientific revolutions that ushered in modernity were incubated within their walls. Even today, the technological marvels that define the twenty-first century from breakthroughs in medicine to advances in engineering and digital innovation are birthed in university laboratories and lecture halls.

But beyond science and technology, the university also shapes culture and character. It produces not only doctors and engineers, but statesmen, reformers and thinkers. It tempers technical knowledge with moral vision, reminding us that wisdom without values can be destructive. It challenges assumptions, disciplines impulses and prepares future leaders not merely for making a living, but for living lives of service and sacrifice.

Thus, when we describe the university as a catalyst for societal development, we are not indulging in rhetorical flourish. We are stating a sober truth: no nation has ever risen above the quality of its universities, and none ever will. The strength of the classroom is reflected in the courtroom, the marketplace, and the parliament. The decay of the university is the decay of the nation itself. If the university rises, society advances; if the university falls, society crumbles. The stakes could not be higher.

DEFINITION OF TERMS

UNIVERSITY
A university is far more than a cluster of buildings where lectures are delivered and examinations conducted. At its core, it is an institution of higher learning and research, uniquely mandated to generate, preserve, and disseminate knowledge across disciplines (Wikipedia, “University” https://en.wikipedia.org/wiki/University#cite_ref-WordNet_Search_u476_1-0 > accessed 8th September 2025). Unlike earlier stages of education, which focus on absorbing established facts, the university emphasizes inquiry, critique, and innovation. It is here that theories are tested, discoveries made, and society furnished with the intellectual capital needed for progress. Rooted in the Latin universitas magistrorum et scholarium (meaning “a community of teachers and scholars”) (https://www.byui.edu/speeches/dallin-hansen/seeking-the-higher-view> accessed 8th September 2025
), the university represents a fellowship of minds devoted to truth, dialogue, and discovery. It is not simply a transmitter of knowledge, but a creator of it, standing as both a timeless custodian of wisdom and a timely responder to the needs of each age.

EDUCATION

Education is the systematic process of imparting and acquiring knowledge, skills, and values; formally or informally. It equips individuals with reasoning ability, judgment, and intellectual maturity. Formal education takes place in structured settings such as schools and universities, while informal education occurs through family, community, and other social interactions. At every level, education provides the foundation for personal growth and societal advancement.

SOCIETAL DEVELOPMENT

Societal development refers to the sustained improvement in a community’s well-being and collective capacity. It encompasses economic growth, improved social structures, access to quality public services, individual empowerment, and institutional strength. True development also requires social inclusion, equity, and sustainability, ensuring that progress today does not compromise the welfare of future generations.

HUMAN CAPITAL DEVELOPMENT

Human capital development is the process of enhancing individuals’ knowledge, skills, health, and productivity to unlock their potential and advance both economic and social progress. It involves deliberate investments in education, training, and healthcare, producing a workforce that is innovative, competitive, and equipped to drive sustainable national growth.

INNOVATION ECOSYSTEM

An innovation ecosystem is a dynamic network of interdependent actors such as entrepreneurs, firms, governments, universities, and investors working collaboratively to transform ideas into impactful solutions (https://share.google/awi0YhHoT1VD7aG4E > Accessed on 9th September, 2025). These ecosystems thrive on continuous interaction, resource sharing, and co-evolution, creating the environment necessary for sustained innovation, economic growth, and societal transformation.

THE HISTORY OF UNIVERSITIES AND TERTIARY INSTITUTIONS GLOBALLY

The idea of the university as we know it today did not emerge in a vacuum. It is the product of centuries of intellectual struggle, cultural refinement, and institutional development. To appreciate its role as a catalyst for societal progress, one must first understand its historical roots and the trajectory of its growth.

Ancient Foundations of Higher Learning
The earliest prototypes of the university can be traced to ancient centers of learning such as the Platonic Academy in Athens, the Library of Alexandria in Egypt, and the great schools of philosophy in India and China. These institutions were not universities in the modern sense, but they established traditions of advanced learning, debate, and preservation of knowledge that influenced later models.

Renaissance Humanism and the Scholarly Revolution

The Renaissance and Enlightenment eras transformed the university into an even more powerful agent of change. Humanism encouraged a rediscovery of classical texts, and universities became custodians of not only religious knowledge but also literature, science, and art. By the 14th and 15th centuries, figures such as Petrarch and Boccaccio began to challenge scholastic traditions, promoting grammar, rhetoric, poetry, moral philosophy, and history as central disciplines. Although humanism initially developed outside the universities—in princely courts, chancelleries, and academies—it soon penetrated academia. By the mid-15th century, humanist scholars like Lorenzo Valla were holding university professorships, and institutions such as Bologna and Florence had created chairs in Greek and humanistic studies.

This infusion of humanism altered the outlook of medicine, law, and philosophy. Medical humanists, for example, used philological techniques to critique both medieval and ancient medical texts, reshaping the discipline. While law and theology resisted transformation, natural philosophy and medicine were deeply influenced. By the 16th century, humanism and universities were intertwined, and their joint legacy paved the way for the Scientific Revolution.

The Rise of the Medieval European University

The University of Bologna, founded in 1088, is widely regarded as the first modern university . It was primarily a law school, devoted to the systematic study of Roman law, which became essential for the administration of European kingdoms. What distinguished Bologna was not merely the subjects taught but also its institutional structure: it was organized as a universitas, a guild of students and masters bound together in the pursuit of knowledge.

In 1150, the University of Paris followed, excelling in theology and philosophy, and soon after came Oxford and Cambridge in England, Salamanca in Spain, and Heidelberg in Germany. These institutions became the intellectual nerve centers of medieval Europe, training clerics, lawyers, physicians, and statesmen. The early universities were deeply intertwined with the Church, which provided both patronage and regulation. Theology was regarded as the “queen of the sciences,” while philosophy, law, and medicine were cultivated under its shadow. Yet, even within this religious framework, universities nurtured critical inquiry. It was within their walls that scholasticism: the rigorous method of logical reasoning, flourished, preparing the intellectual ground for the Renaissance.

To be continued

THOUGHT FOR THE WEEK

“All that is valuable in human society depends upon the opportunity for development accorded the individual”. (Albert Einstein).

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The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 4)

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By Prof .Ike Ozekhome SAN

INTRODUCTION

In our last outing on this treatise, we addressed the operational weaknesses and structural mismanagement of the Police; the failure of internal accountability; collusion of its men with criminal networks; erosion of civil liberties by its illegitimate enforcement practices; and cycle of impunity. And later followed by analysis of the abuse of judicial power as well as executive lawlessness directed at the Bench. We then concluded with suggested pathways and recommendations. Today, we shall continue with the same theme focusing on strengthening judicial independence; institutionalizing a comprehensive anti-corruption framework; enhancing the protection of civil liberties; community-based security initiatives; electoral integrity; transparency in the public sector; protecting vulnerable and marginalized groups as well as institutionalizing a culture of consequences. Enjoy.

Judicial Strengthening and Independence
The Judiciary should be insulated from political interference through secure tenure, adequate remuneration, and independent budgetary control. Court processes must be digitized to reduce delays and enhance transparency. Special courts should be created to fast-track cases of corruption, rights violations, and electoral offences so as to prevent them from being lost in a backlog of other matters.

Comprehensive Anti-Corruption Framework
Anti-corruption agencies must operate without political bias. Investigations and prosecutions should be based solely on evidence, regardless of the political or social standing of the suspect. Asset recovery processes should be transparent, and recovered funds must be channeled directly into public services such as healthcare, education, and infrastructure.

Strengthening of Civil Liberties Protections
Security laws and policies must be reviewed to remove provisions that allow arbitrary arrests, prolonged detention without trial, and excessive surveillance. The rights to free expression, peaceful assembly, and privacy should be reaffirmed through legislation, judicial precedent, and administrative directives. Security personnel should receive specific training on respecting these rights in the course of their duties.

Enhanced Community-Based Security Initiatives

Community policing structures should be developed in partnership with local stakeholders, including traditional leaders, civil society, and youth groups. These initiatives should focus on early conflict detection, intelligence sharing, and non-violent dispute resolution. Proper integration of community policing into the national security architecture can improve trust and cooperation between citizens and the State.

Electoral Integrity and Protection of the Political Process

To reduce politically motivated violence, security forces must adopt a neutral stance in elections and enforce the law impartially. Electoral offenders, including those within security agencies, must face swift prosecution. The deployment of technology in elections, such as biometric verification, should be protected by strong legal safeguards to prevent manipulation. More importantly, the Electoral Act must be urgently amended to include the use of BIVAS, electronic voting and real time transfer of results into IReV.

Public Sector Transparency and Open Data
Transparency in governance can significantly reduce opportunities for abuse of power. All government agencies should be required to publish regular reports on budgets, procurement, and performance indicators. Public access to information should be enhanced through stronger Freedom of Information laws and proactive disclosure of records.

Protection of Vulnerable and Marginalized Groups

Special attention should be given to protecting women, children, marginalized vulnerable persons and minorities and communities, who are disproportionately affected by rights violations and insecurity. Law enforcement and judicial olicers should be trained to handle cases involving such vulnerable groups with sensitivity. Dedicated units within security agencies should be tasked with preventing and responding to gender-based violence, child labour, human trafficking and exploitation.

Institutionalizing a Culture of Consequence
The single most important factor in ending impunity is ensuring that misconduct always attracts consequences. Disciplinary actions, criminal prosecutions and public reporting of case outcomes should become the norm. Political leaders must set the example by submitting themselves to the rule of law. They must lead by example and not by precepts.

CONCLUSION

The challenges confronting Nigeria in the areas of security, protection of citizens’ rights and enforcement of the rule of law are deeply rooted in a pattern of institutional neglect and governance failure. Throughout this work, it has become evident that insecurity in the country is not only result of violent crime or terrorism but also a product of weak and compromised institutions that allow such threats to flourish. When the very institutions tasked with safeguarding the people become unreliable or complicit, the result is a petrified environment where justice is selective, rights are precarious, and the social contract between citizens and the State is broken.

The evidence is clear that insecurity in Nigeria is a multi-dimensional crisis. Political violence undermines democratic processes. Economic hardship is exacerbated by corruption and the diversion of resources. Physical insecurity in many regions persists because law enforcement is either absent or compromised. The deterioration of education and healthcare further exposes the population to long-term instability. Each of these problems is interconnected and magnified by the failure of the justice and enforcement systems to function impartially and effectively.

Civil liberties, guaranteed by the Constitution and supported by international treaties, are repeatedly undermined by arbitrary arrests, unlawful detentions, and the suppression of free expression. When citizens live in fear of those entrusted to protect them, the legitimacy of the State is called into question. A society where speaking out invites retaliation and where wrongdoing by the powerful is met with silence or even approbation cannot claim to uphold the principles of democracy and justice.

The normalization of impunity is perhaps the most dangerous of all the trends identified. Impunity corrodes public trust, emboldens offenders, and creates a culture where breaking the law is not an aberration but an accepted norm of political and social life. Without decisive action to reverse this culture, every other reform will be weakened before it begins to take root.

Nigeria’s peculiar security realities demand a holistic approach. This includes rebuilding law enforcement into a professional, rights-respecting institution, ensuring the judiciary is free from political interference, and creating genuine accountability mechanisms that apply to everyone regardless of status. It also requires an investment in transparency, community trust, and the protection of vulnerable groups who suffer most from both insecurity and rights violations.

The task is undeniably challenging, but it is not impossible. The pathway to a more secure and just Nigeria begins with the recognition that true security cannot exist without justice, and justice cannot thrive without the rule of law. By committing to comprehensive reforms and by holding both leaders and institutions accountable, Nigeria can reclaim the promise of a society where rights are protected, laws are respected, and security is the shared foundation for national progress. In all these, one may ask, where is the Bar and what is its historic role? A once vibrant Association feared by the corrupt and dreaded by all successive governments has since become comatose, hardly responsive to societal needs. Aside many lawyers now professionally practising Bar instead of practising law by oscillating from one office to another over a period of decades, what has the Bar got to show for its continued relevance in terms of interrogating the status quo and challenging impunity? How has the Bar fared in holding governments responsible and accountable to the Nigerian people? Aside converging every year at designated venues for the annual ritual of the AGC, what dividends have we yielded from our usual banal communiqué?

How have we pushed to ensure we engaged the three arms of government to overhaul or at least improve on the status quo? Can we now blame some lawyers who are increasingly feeling disenchanted with the status quo and seek alternative platforms such as the Nigerian Law Society (NLS)? I think not. Colleagues, let us as lawyers and Judges wake up from our deep slumber of complicit silence and stop seeing law solely as a bread-and -butter profession. We must see law from the prism of Professor Dean Roscoe Pound-an instrument of social engineering. Anything short of this is not befitting of the legal profession. (Concluded).

THOUGHT FOR THE WEEK

“We cannot reform institutional racism or systemic policies if we are not actively engaged. It’s not enough to simply complain about injustice; the only way to prevent future injustice is to create the society we would like to see, one where we are all equal under the law”. (Al Sharpton).

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The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 3)

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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

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