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How to stop judicial coups against democracy in Nigeria – Farooq Kperogi

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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.

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Opinion

2027: Competence, Not Zoning, Should Decide Nigeria’s Next President — Imasuagbon

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Nigerians should look beyond ethnicity, region and the longstanding debate over rotational presidency when choosing the country’s next leader, according to a chieftain of the African Democratic Congress (ADC), Kenneth Imasuagbon.

The former Edo State governorship aspirant said the priority ahead of the 2027 election should be finding a president with the ability to confront Nigeria’s economic, security and infrastructure challenges.

Speaking to journalists in Benin, Imasuagbon argued that presidential rotation is not a requirement of the Nigerian Constitution and should therefore not outweigh the question of competence.

He said voters should be more concerned about replacing poor schools with better ones, improving healthcare and addressing hardship than debating where the next president comes from.

Imasuagbon specifically appealed to voters in the South to support former Vice President Atiku Abubakar, who is contesting the 2027 presidency on the ADC platform.

According to him, Atiku has demonstrated the experience and determination needed to improve the country, describing the former vice president as someone capable of promoting national unity and fairness.

He also accused the Bola Tinubu administration of worsening economic pressure through policies including the removal of fuel subsidy, while expressing concern about the condition of roads, electricity and other infrastructure.

Imasuagbon argued that the next administration must focus on practical improvements in areas such as power, transportation, employment, security and public services.

The ADC chieftain also dismissed the idea that the ruling All Progressives Congress (APC) would automatically benefit from its incumbency advantage in 2027.

He maintained that the electorate ultimately determines the outcome of an election, arguing that voters could change the political direction of the country if they were determined to do so.

Imasuagbon further criticised what he described as regional and ethnic considerations in the distribution of political appointments and opportunities, insisting that the next president should give Nigerians across different parts of the country a sense of belonging.

His comments come as political parties and their candidates intensify preparations for the 2027 presidential election.

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Lesson from Dotun Oladipo’s Brave Daughters, by Bamidele Johnson

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Lesson from Dotun Oladipo’s Brave Daughters, by Bamidele Johnson

 

I hope to grow old. I want to see my kids become real adults, find their own feet, make mistakes, recover from them, and perhaps one day complain that their own children are giving them grey hairs. I want that plainly stated before anything else, as everything that follows might read as a man agreeing to an early exit rather than a man simply being honest about the odds.

I want the decades. I want to become the grandfather who repeats the same stories until nobody bothers correcting him anymore. But wanting a thing and being granted are different things. The last year has made that difference harder to ignore than I would like. I have lost many friends recently to keep thinking that optimism is my natural resting state. Some of these men had better blood pressure than mine, better habits, better everything that is supposed to count. It did not save them.

There is no formula I know that reliably separates the men who make it to 70 from those who do not. Anyone who says he knows one is selling something. So, I do not assume that old age is an already booked destination. Even if I once did, which I doubt, the last three years have cured me of such an illusion. As such, I treat it as a hope rather than an expectation, and I have found that a more honest way to live.

It is exactly why I want something placed on record now, while I am still able to place things on record, rather than leave it for people to guess what my wishes were in the fog of a funeral week. If I do not make old bones, my children are not to be asked to read tributes at my funeral. Not one line, however short, however lovingly written.

This, for me, was settled today rather than re-opened. At Dotun Oladipo’s funeral service, his three daughters took turns to read their tributes to their dad, and I found myself watching them with awe. There was a kind of strength in them that I do not possess. It is the strength needed to stand in front of a hall brimming with grieving adults and speak about a man they have just lost. Forever. Strength, however, is not the same as ease. I could see plainly what that strength was costing them as they read. Their voices caught. Their composure held and then did not hold and then held again through sheer will.

In front of them, in the pews, men and women considerably older than them came undone in ways the girls themselves were somehow managing to resist. I went mightily close. Some of the sobbing was quiet, the type people try to fold into a handkerchief. Some of it was not quiet at all, the kind that announces itself whether or not you want it.

Those young women honoured their father with a grace that is beyond me. What they did was astonishing. So, what I am attempting is an observation of a custom I have now watched wound people. This was not the first time I had watched this particular ritual extract more than it should from people already running on fumes. I saw an earlier and harder version of it at a friend’s wake back in 2015.

The first son was called forward to read his father’s tribute, and he could not do it. He tried, but the words would not come, and he stood there in front of a crowd of mourners, with his grief simply refusing to organise itself into sentences. The officiating minister, rather than releasing him from the task, urged him to continue. I sat fizzing with sorrow and ire. He could not go on and, eventually, the minister accepted, but not before insisting a while longer than it should have reasonably taken. His younger brother was called up next, presumably on the theory that if one grieving son could not manage it, maybe another one could. He flunked it in the same way. Grief does not distribute itself more conveniently among siblings just because a programme has been printed and needs to be followed.

I have turned that memory over many times since, trying to work out why this part of the rites is treated as mandatory in the first place. I have not found a satisfying answer. Maybe it comes from a belief that a child’s words carry more weight than anyone else’s, which may even be true, but weight is exactly the problem when those carrying it are struggling to hold themselves together with nothing but adrenaline and the fear of dissolving in public.

Maybe it is simply inertia, the reason we still do a hundred things at funerals that nobody can explain the original purpose of. Either way, I have stopped looking for the justification. I no longer think one exists that is good enough to weigh against what I watched happen to that boy in 2015.

So, let this stand as my instruction rather than my preference, the kind of thing I would rather state plainly now than leave for my children to infer later from how uncertain I sound when the subject comes up in passing. If I do not get the old age I am hoping for, my children will not be asked to read a single word over my body. Someone else can speak for me. A friend, a stranger with a steadier voice and a smaller stake in the loss, anyone whose grief will not be quite so total that standing upright becomes almost impossible.

My children, of course, will sit in front and fall apart if that is what the day requires of them, but without the microphone. That, at least, is one small mercy I intend to arrange for them while I am still here to arrange it.

Dotun deserved every bit of the send-off his daughters gave him today, and I suspect he would have been the first to tell them to sit down and let someone else carry the weight for a while. He did not get a say in that, as none of us ever do once we are the ones being spoken of rather than the ones speaking. Rest well, Dotun. You raised three young women whose strength I will not soon forget. That alone says everything worth saying about the man you were.

 

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‘Tinubu Will Win Again in 2027’ — Charismatic Bishops’ Secretary

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‘Tinubu Will Win Again in 2027’ — Charismatic Bishops’ Secretary

A senior Nigerian cleric, Archbishop Chivir Chianson, has declared that President Bola Tinubu will retain the presidency after the 2027 general election, attributing the prediction to a message he said came from God.

Chianson, who serves as Secretary General of the Charismatic Bishops’ Conference of Nigeria, made the statement while appearing on Arise Television on Saturday.

Rather than basing his prediction on political calculations, the archbishop said his confidence came from what he described as the prophetic role of bishops.

He maintained that the conference had previously spoken about Tinubu’s political future based on what he said was divine revelation and that the President would return for another term.

Chianson also predicted that Tinubu’s performance would improve if he wins the 2027 election.

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Addressing the political opposition, the cleric said the bishops could not be blamed if rival parties failed to unite or organise themselves effectively ahead of the election.

He also sought to clarify the position of the bishops when dealing with government, saying their role in speaking truth to power did not mean they should approach political leaders with hostility or disrespect.

According to him, the Constitution, alongside their religious convictions, should guide how they engage the President and the country.

Chianson said he was sufficiently confident in his prediction to promise that he would return to the Arise TV studio after the 2027 election, when he expects the result to demonstrate that the bishops’ prophecy was correct.

His comments add a religious dimension to the increasingly active political conversation surrounding the 2027 presidential race.

‘Tinubu Will Win Again in 2027’ — Charismatic Bishops’ Secretary

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