Opinion
How to stop judicial coups against democracy in Nigeria – Farooq Kperogi
How to stop judicial coups against democracy in Nigeria – Farooq Kperogi
The Civil Society Legislative Advocacy Centre (CISLAC), one of Nigeria’s most prominent pro-democracy NGOs, invited me to make a virtual presentation from my base in Atlanta to a national seminar it organized last Thursday on “targeted judicial reforms and enhanced judicial integrity in post-election litigation.” Unfortunately, I couldn’t make it, but here are the thoughts I would have shared on the topic.
It’s oddly ironic that the judiciary, which should be the bulwark of democracy, has become such a dreadful terror to democracy that people are seeking to protect democracy from it. The courts have become the graveyards of electoral mandates. Judges have not only descended to being common purchasable judicial rogues, but they have also become juridical coup plotters.
The major preoccupation of pro-democracy activists is no longer how to keep the military from politics and governance but how to save democracy from the judiciary. In other words, in Nigeria, our problem is no longer fear of military coups but the cold reality of frighteningly escalating judicial coups.
A “judicial coup,” also called a juridical coup d’état, refers to a situation where judicial or legal processes are deployed to subvert the choice of the electorate or to unfairly change the power structure of an existing government.
In other words, a judicial coup occurs when the courts are used to achieve political ends that would not be possible through standard political processes. In a judicial coup, the courts make rulings or interpretations of the law that drastically alter the balance of power, often favoring a particular political group or leader.
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This can include invalidating election results, removing elected officials from office, altering the constitution through interpretive tyranny, or other significant legal actions that have profound political implications.
Before 2023, judicial coups happened in trickles and were barely perceptible. The big, bad bugaboo used to be INEC. When the Supreme Court made Chibuike Rotimi Amaechi the governor of Rivers State on October 25, 2007, without winning a single vote, we thought it was merely a curious, one-off democratic anomaly that was nonetheless morally justified because Celestine Omehia—who won the actual votes cast on April 14, 2007, and sworn in as the governor on May 29—was illegally replaced as PDP’s candidate after Amaechi won the party’s primary election.
Our collective toleration of this strange supersession of normal democratic procedures to produce a governor conduced to more aberrations.
On January 14, 2020, the Supreme Court produced its first unofficial “Supreme Court governor” in Hope Uzodimma of Imo State when it used dazzlingly fraudulent judicial abracadabra to subvert the outcome of the governorship election in the state.
The Supreme Court’s judicial helicopter zoomed past PDP’s Emeka Ihedioha who won 273,404 votes to emerge as the winner of the election; flew past Action Alliance’s Uche Nwosu who came second with 190,364 votes; zipped past APGA’s Ifeanyi Ararume who came third with 114,676 votes; and glided gently into the yard of fourth-place finisher Uzodimma of APC with only 96,458 votes.
It then declared that the fourth shall be the first, enthroned Uzodimma as the governor, and dethroned Ihedioha whom Imo voters and INEC had chosen as the legitimate governor.
I recall being too numb by the scandal of the judgment to even experience any sensation of righteous indignation. Then came the Ahmed Lawan judgment, and I was jolted to my very bones. A man who didn’t run for an election, who admitted he didn’t run for an election, and who gave up trying to steal an election that he himself admitted he didn’t run for, much less win, was declared the “winner” of the election.
Because I closely followed the case and shaped public discourse on it, I was so incensed by the judgment that, in a viral February 6 social media post, I called Supreme Court justices “a rotten gaggle of useless, purchasable judicial bandits,” which prompted an unexampled official response from the Supreme Court, which dripped wet with undiluted bile.
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However, many judges, including some conscientious Supreme Court judges, agreed with me. For example, in his farewell speech last month, Justice Musa Dattijo Muhammad re-echoed my sentiments about the Supreme Court and cited former Court of Appeal justice Oludotun Adefope-Okojie who, in her own farewell speech, approvingly quoted my description of Supreme Court justices as “a rotten gaggle of useless, purchasable judicial bandits.”
The judicial banditry I talked about has assumed a different, worrying dimension. It has now become full-on judicial sabotage against the soul of democracy itself. In unprecedented judicial roguery, the Appeal Court has invalidated the election of all 16 PDP lawmakers in the Plateau State House of Assembly and handed unearned victories to APC. It also nullified the victory of PDP’s Governor Caleb Mutfwang and asked that APC’s Nentawe Yilwatda Goshwe, who lost in the actual election, be declared the winner.
In all these cases, the judiciary invoked matters that were extraneous to the actual vote (called “technicalities”) to decide whom to crown as winners of the elections.
It’s now so bad that courting the votes of the electorates is no longer an important component of the democratic process since politicians can get from the courts what they lost at the ballot box. That’s a dangerous state for any democracy to be in.
The judiciary is becoming an unacceptably treacherous but overpampered monster that is exercising powers that are beyond the bounds of reason. It needs to be stopped through a holistic reworking of the electoral act.
The first thing that needs to be spelled out more clearly and more forcefully in a revised electoral act is that pre-election matters are not litigable after the winner of an election has been announced. All pre-election petitions should be litigated before the conduct of elections. Post-election litigations should be limited to the conduct of the elections. Since this happens once in four years, it should not be too much of a burden for the judiciary.
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The second change that needs to be enshrined in a revised electoral act is a provision that divests courts of the powers to declare winners and losers of electoral contests. I am the first to admit that this is problematic because it limits the mechanism for redress available to politicians in cases of INEC-engineered electoral robberies.
But in situations where courts can glibly overrule the will of the electorate by invoking procedural inanities that are extrinsic to elections to declare winners and losers, I would rather deal with INEC alone.
The conduct of elections can be improved in the future to the point that manipulations can be significantly reduced. But I can’t say the same for a rapacious, unjust, and mercenary judiciary such as we have today.
In any case, in all functional democracies, it is voters, not the courts, who elect and remove people from positions of political power. If the courts find sufficient evidence of irregularities in the conduct of elections, they can order a rerun. But they should never be invested with the power to declare winners and losers.
The last suggestion I have for the revision of the electoral act is to constitutionalize the imperative to finalize the adjudication of all election petitions before the inauguration of elected officials into their offices. There are two reasons for this.
First, it is disruptive to put elected officials through the hassles of post-election litigation while they are already officially in office. Governance is often put on hold during the pendency of litigations, and lots of state resources are expended to bribe judges, hire lawyers, and bring witnesses. That’s unfair to Nigerians.
Second, at least at the presidential level, once someone has been declared the president and is inaugurated, they automatically assume enormous symbolic power that is almost impossible to reverse. They also have access to enormous resources that they can deploy to influence the course of justice.
Whatever we do, we must curb the excesses of our out-of-control judiciary before it finally murders what remains of our democracy.
How to stop judicial coups against democracy in Nigeria – Farooq Kperogi
Farooq Kperogi is a renowned Nigerian newspaper columnist and United States based Professor of Journalism.
Opinion
Ademola Lookman showed Davido and Kemi Badenoch that wisdom is not by age – Omokri
Ademola Lookman showed Davido and Kemi Badenoch that wisdom is not by age – Omokri
Recently, the singer David Adeleke was given a global stage to do whatever he wanted and deliver any message.
Sadly, Mr. Adeleke used the opportunity to speak in an American accent. Not only that, he used that American accent to talk down on Nigeria and tell the world not to invest in Nigeria because, as he put it, Nigeria’s “economy is in shambles”.
Coincidentally, a month after his faux pas, Kemi Badenoch, probably inspired by Davido, used her British accent to talk down Nigeria, calling us “a very poor country” where the police rob citizens.
But the interesting thing about her own case is that the next day, the BBC featured a panel of Conservative Party big shots, and one of them, Albie Amankona, a party chieftain from Chiswick, who is also a celebrity broadcaster, said, and this is a direct quote:
“If you are a Brexiteer, and you are saying we need to be expanding our global trade beyond the European Union, we want to be looking at emerging markets for growth, don’t slag off one of the fastest growing economies in Africa.”
Is it not strange that it took the BBC and a British politician to promote Nigeria as one of the fastest-growing economies in Africa?
And just when we thought it was all bad news, God gave us a breath of fresh air in the youthful Ademola Lookman, who used the global podium granted to him by his winning the 2024 African Footballer of the Year award to promote and project Nigeria and the Lukumi Yoruba language to the world.
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Wisdom is not by age. If not, Ademola Lookman, who is just twenty-seven, will not have displayed greater wisdom than David Adeleke, who is thirty-two, and Kemi Badenoch, at forty-four.
Mr. Lookman proved that the age of Methuselah has nothing to do with the wisdom of Solomon.
And it is not as though other ethnicities with global icons do not also project Nigeria. They do.
Dr. Mrs. Ngozi Okonjo-Iweala spoke Igbo on the podium of the WTO in Geneva. In terms of prestige, she is FAR above Lookman.
My campaign is not for the Lukumi Yoruba alone. It is for all sub-Saharan Black Africans to learn to speak their language and not use ability to speak English or another colonial language as a measure of intelligence.
Besides Lukumi Yoruba and Hausa, every other Nigerian language, including Fulfulde, is gradually dying out.
General Buhari is half Fulani and half Kanuri. Yet, he cannot speak either Fuifulde or Kanuri. But he speaks Hausa and English.
Fact-check me: In 2012, UNESCO declared Igbo an endangered language.
However, the Lukumi Yoruba are to be commended for their affirmative actions to advance their language and culture.
Let me give you an example. All six Governors of the Southwest bear full Lukumi names: Jide Sanwa-Olu, Seyi Makinde, Dapo Abiodun, Ademola Adeleke, Abiodun Oyebanji, and Orighomisan Aiyedatiwa.
No other zone in Nigeria has all its governors bearing ethnic Nigerian names as first and second names. They either bear Arabic or European names as first names or even first and second names.
If we truly want to be the Giant of Africa, we must take affirmative steps to preserve our language and culture so we can have children like Ademola Lookman.
Teach your language to your children before you teach them English. They will learn English at school. Being multilingual is scientifically proven to boost intelligence.
Fact-check me: In the U.S., Latino kids do not speak English until they start school. They learn Spanish as a first language.
Even if you relocate to the UK, the best you can be is British. You can never be English. And if your choice of Japa is the U.S., the highest you can be is an American citizen. You will never become a White Anglo-Saxon Protestant WASP.
Your power lies in balancing ancient and modern, Western and African, English (or other colonial languages) and your native tongue.
That is the way to reverse language erosion, like the Lukumi Yoruba.
Ademola Lookman showed Davido and Kemi Badenoch that wisdom is not by age – Omokri
Opinion
Kemi Badenoch’s Hate for Nigeria – Femi Fani-Kayode
Kemi Badenoch’s Hate for Nigeria – Femi Fani-Kayode
“I find it interesting that everyone defines me as a Nigerian. I identify less with the country than with my specific ethnic group. I have nothing in common with the people from the north of the country, the Boko Haram, where Islamism is. Being Yoruba is my true identity and I refuse to be lumped with the northern people of Nigeria who were our ethnic enemies, all in the name of being called a Nigerian”- @KemiBadenoch.
Dangerous rhetoric
Kemi Badenoch, MP, the leader of the British Conservative Party and Opposition in the @UKParliament, has refused to stop at just denigrating our country but has gone a step further by seeking to divide us on ethnic lines.
She claims that she never regarded herself as being a Nigerian but rather a Yoruba and that she never identified with the people from the Northern part of our country who she collectively describes as being “Boko Haram Islamists” and “terrorists”.
This is dangerous rhetoric coming from an impudent and ignorant foreign leader who knows nothing about our country, who does not know her place and who insists on stirring up a storm that she cannot contain and that may eventually consume her.
It is rather like saying that she identifies more with the English than she does with the Scots and the Welsh whom she regards as nothing more than homicidal and murderous barbarians that once waged war against her ethnic English compatriots!
All this coming from a young lady of colour that is a political leader in a multi-ethnic, multi-religious and multi-cultural country that lays claim to being the epitome of decency and civilisation! What a strange and inexplicable contradiction this is.
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Her intentions are malevolent and insidious and her objective, outside of ridiculing and mocking us, is to divide us and bring us to our knees.
I am constrained to ask, what on earth happened to this creature in her youth and why does she hate Nigeria with such passion?
Did something happen to her when she lived here which she has kept secret?
Kemi Badenoch’s Hate for Nigeria – Femi Fani-Kayode
Opinion
The cockroach called Dele Farotimi (1)
The cockroach called Dele Farotimi (1)
Tunde Odesola
(Published in The PUNCH, on Friday, December 13, 2024)
The official name for cage fight is Mixed Martial Arts. Street fight, known as ‘ìjà ìgboro’ in Yoruba, is the bane of Ibadan people, says the panegyric of Oluyole, the city of brown roofs scattered among seven hills. MMA, I think, is organised street fighting.
But, long before MMA became a global combat sport in 2000, little devils of St Paul Anglican (Primary) School, Idi-Oro, Lagos, and Archbishop Aggey Memorial Secondary School, Mushin, Lagos, engaged in ‘ìjà ìgboro’, the progenitor of Mixed Martial Arts. Retrospectively, I’m guilty of being part of the little devils of both schools.
Because, instead of heeding the ‘blessed are the peacemakers’ injunction in the Holy Scriptures, to ‘inherit the kingdom of God’, what we did as little demons that we were was to add fuel to the embers of hostility smouldering among fellow students.
As soon as you noticed two students in a heated argument, instead of you to sue for peace, the naughty reaction was for you to grab some soil in clenched fists and spread your fists towards the two disputants, daring both pupils to slap one of the outstretched fists: ‘Ení bá lè jà, kó gbon!’
‘Ení bá lè jà, kó gbon!’ was a call to arms. To prove you’re a lionheart ready to fight, you slap the clenched fist open and watch its content pour out to the ground.
So, in a jiffy, you would see friends who were laughing a while ago, engage in a free-for-all instanter. Regrettably, I initiated some of such fights and participated in not a few. You probably can’t grow up in Mushin and be fainthearted.
Taliatu Mudashiru was my friend and classmate in Forms 1 and 2. Occasionally, when I didn’t get dropped off at school by my father, and I had to make it to school on my own, I first trek from our Awoyokun Street residence to Taliatu’s house on Adegboyega Street before both of us would head up to Akinade Ayodeji’s house two blocks away en route to school.
I thought I was stronger than Tali, as we fondly called him, or Pali Tutu (Wet Cardboard) – if the caller was a mischievous classmate – until one day when we disagreed during a break-time chatter involving other classmates.
A peacemaker stepped forward with clenched fists, chanting, ‘K’éyin lè jà, k’émi lé wò’ran, Èsù ta’po si,’ evoking Baba Devil himself. I slapped one of the fists; Tali slapped the other! ‘Ha, Tali ke? I go kill sombodi!’
Toe-to-toe, Tunde rained blows. Tit-for-tat, Tali responded. We upturned desks and seats as the brawl spiralled to the delight of cheering classmates. But it was short-lived as the break-time bell saved the day. We swore at each other but classmates begged us, like peacemakers, to save our punches and wait till after-school hours to throw them.
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After school, excited classmates such as Taliatu Olokodana, Akinade Ayodeji alias Kuruki, Hakeem Adigun alias Slate, Jide Oladimeji alias Agama; Kunle Adeyoju alias Iron Bender, Sunday Pedro Oshokai, Sanmi Okuwobi, Sule Mustapha alias Maito; Olalekan Egungbohun, Kazeem Osuolale alias Oju etc led Tali and me to ‘Ojú Olómo ò to’, an arena so named because no parent or guardian’s eyes ever got to see what happened there.
Only Lukmon Yusuff aka OC, Jide Ajose and Segun Majekodunmi would have separated us if they were around. For his good-naturedness, Jide got the nickname Unreasonable while Segun was called Brother because he belonged to the Deeper Life Church and Yusuff got nicknamed O.C. because of his effectiveness as a football defender.
The ‘Ojú Olómo ò to’ was the playground of a primary school that had closed for the day. Impish classmates sat around the edge of the big field, leaving Tali and I at the centre to unleash the devilry in us.
Tali, bigger and an inch taller, was hoping to use his weight to an advantage, grabbing at me but I knew if he slammed me he would feed me with sand, so I used my fists to keep him off.
We wrestled and boxed and kicked and clawed for God knows how long. There was no referee. There was no timeout. There were only ringside viewers who laughed and cheered every kick and blow and the sight of blood. Tali and I bled all over, spent and gasped for breath.
Then I threw a punch, it caught Tali right in the face, and he first went down in a squat, before flattening out on his back. I should have jumped on him and finished him off, but I was barely breathing. I just left him and I turned away to look for my bag and shoes.
The following day, Tali was looking for me on the assembly ground. He appeared proud of us. He shook hands with me vigorously and we hugged for a long period – like warriors after a pyrrhic victory. He earned my respect, I earned his. Tali probably thought I was a sportsman for not finishing him off when he blanked out, but little did he know that all that was on my mind when he fell was me getting home. I probably would’ve fallen too if the fight had lasted longer.
There are similarities between my fight with Tali and the ongoing fight between one of Nigeria’s heavyweight lawyers, Aare Afe Babalola and human rights activist and lawyer, Mr Dele Farotimi.
I know Nigeria is broken and needs fixing urgently. I know that to fix it, something has to give. I know Nigeria’s coconuts of corruption must be cracked on skulls and the water thereof used as atonement for the nation’s corruption.
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I see many coconuts. I also see the head of Babalola and that of Farotimi. I see other heads, too. But whose skull(s) would crack open the coconuts?
I see a poisonous cockroach encircled by a brood of chickens. Among the chickens is the breed called Supreme. There’s also a breed called Appeal and another breed called High. There’s yet another breed called SANyeri, a name symbolising the breed’s big gowns. The chickens thrust their heads forward, sharply looking right and left, watching intently, communicating in esoteric language. What shall we do to this irritant?
Yet, the cockroach is adamant in the valley of jeopardy, six legs gangling, two antennas roving; person wey wan don die jam person wey wan kill am.
Tali Vs. Tunde. Today, I can’t even remember what caused the disagreement that snowballed into our fight, but I can never forget the pain of the fight. I had thought I would make light work of Tali but I didn’t see his gallantry coming.
Although I’ve never met Baba Babalola, he comes across as a man of commendable philanthropy and frankness. It’s only frankness that could make him stand by the Labour Party and its presidential candidate, Mr Peter Obi, in the 2023 presidential election when the elite of his tribe was queuing behind Asiwaju Bola Tinubu as ‘Shon of the Shoil’.
In the 2023 presidential election, I was neither BATified nor Atikulated just as I wasn’t Obidient. In some articles during the countdown to the election, I called for an overhaul of the 1999 Constitution before the conduct of the general elections, saying none of the presidential candidates would succeed as president if the Constitution wasn’t amended.
I also said there was no ideological difference among the All Progressives Congress, Peoples Democratic Party and Labour Party. If they were different, Nigeria wouldn’t witness six House of Representatives members of the Labour Party defecting to the APC recently, despite LP’s promise of a new Nigeria. While I predict more defections in the coming days, those already defected include Tochukwu Okere (Imo), Daulyop Fom (Plateau), Donatus Matthew (Kaduna), Bassey Akiba (Cross River), Iyawe Esosa (Edo) and Fom Daniel Chollon (Plateau).
In my recommendations, I called for devolution of powers to the states, resource control, independent candidacy and patriotism by the generality of Nigerians for a new order.
And I’ve not repented from my belief that elected Nigerian politicians loot the treasury according to the amount of money available in it, not because one was more decent than the other or one party was better than the other.
This is why I find the anti-corruption campaign of 56-year-old lawyer and human rights activist, Dele Farotimi, assuring though I’m not going to touch the libel stuff just yet.
Although Farotimi is an LP member, his rhetoric resonates with equity, fairness and justice – cornerstones of democracy.
However, there are concave and convex perspectives on the Babalola-Farotimi issue. In secondary school, Physics was intriguing to me, though I found its abstraction intimidating and perplexing. It was in Physics that I learnt about convex and concave lenses. I was taught in secondary school that both lenses are used for correcting short-sightedness and long-sightedness.
Tali died a long time ago. May his soul rest in peace. Baba Afe Babalola is 11 years older than my father who died last March at 84. May the Lord grant Baba Babalola more years in good health, and may he see the end of this war.
To be continued.
Email: [email protected]
Facebook: @Tunde Odesola
X: @Tunde_Odesola
LinkedIn: @Tunde Odesola
The cockroach called Dele Farotimi (1)
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