fbpx
Connect with us

Opinion

How to Stop Judicial Coups Against Democracy in Nigeria

Published

11 months ago

on

“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.”

How to Stop Judicial Coups Against Democracy in Nigeria
By Farooq A. Kperogi
Twitter: @farooqkperogi

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.

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.

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.

The case of the judicial theft of Kano State’s governorship election from NNPP to APC is too well-known to warrant restating. 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.

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.

Read more at:

Related Topics:

Opinion

Kano APC Crisis: An Open Letter to President Tinubu

Published

19 hours ago

on

November 4, 2024

By

 

I hope this letter finds you well Your Excellency. As Nigeria stands at a critical crossroads, I write to you today as a concerned and dedicated member of the All Progressives Congress in Kano, compelled by the urgency of our nation’s challenges and aware of your unwavering determination to steer it unto the path of greatness.

But a united front is indispensable in achieving your grand plan for the nations success. Internal party crisis in my dear state, threatens the very foundation upon which your vision lies – unity – and this I write to you today, eager spark meaningful dialogue and constructive action on your part.

Mr. President, as the Commander-in-Chief of the Armed Forces and leader of our party, your urgent intervention is crucial to address the pressing issues at hand. If left unattended, it may escalate into a crisis that could have far-reaching and devastating consequences for the party, making it challenging to manage. Your timely action would help mitigate this risk and ensure the party’s stability.

In Kano, it is generally acknowledged that Dr. Abdullahi Umar Ganduje, former governor and current National Chairman, leads our party. Members have consistently shown loyalty to his leadership since day one.

You will also recall that Dr. Ganduje actively supported your presidential bid, demonstrating a pure, genuine and unmixed commitment to your cause during both the presidential primaries and general elections. However, some individuals now seek to drive a wedge between you and the Chairman, feeling threatened by his influential position as the National Chairman of our great party.

Mr President sir, It is imperative to hold the Deputy President of the Senate Barau Jibrin accountable for plunging the All Progressives Congress into an avoidable crisis since taking office. As a seasoned politician and senator representing Kano North since 2015, his actions have significant implications. Barau Jibrin’s leadership has sparked division within the party, necessitating urgent attention to prevent further escalation.

#

Due to the recent removal of Abdullahi Muhammad Gwarzo as Minister, the All Progressives Congress is facing an unprecedented crisis in Kano North, a stronghold of the party since 2015. This division, fueled by Deputy President of the Senate Barau Jibrin’s actions, threatens the party’s stability. As a leader, Mr. President, it’s crucial to address this issue sustainably.

Barau Jibrin’s political strategy and human relations have been questionable, yet his influence led to the sacking of a loyal minister, Gwarzo. This decision was disheartening, considering Gwarzo’s impressive track record as a generous, humble, and grassroots politician. The people of Kano are upset, and rightfully so.

It’s essential to recognize Barau Jibrin’s intentions. He’s only loyal to you, Mr. President, because of your current position. History shows he’ll turn against you once you’re no longer in office. His self-serving nature is evident in his interactions with grassroots politicians.

To pacify the people and resolve the ongoing crisis, reappointing Gwarzo is imperative. This move will demonstrate your commitment to loyalty and fairness. The APC’s future in Kano North depends on it.

Mr. President, to ensure the party is back on track, it is crucial to prioritize collaboration with loyalists and consider the input of key stakeholders in Kano. This means moving away from decision-making that caters to a single individual who claims control over Kano North. Instead, foster an inclusive approach that values diverse perspectives and promotes unity within the party.

By doing so, you’ll not only strengthen the party’s foundation but also demonstrate your commitment to fairness and representation. This approach will help prevent unnecessary conflicts and ensure that the party’s interests are truly served. It’s essential to recognize that the party’s success relies on collective efforts, not individual interests.

For your information Mr President, Barau’s electoral successes can be attributed to the popularity of the House of Representatives candidates from his Senatorial District. These individuals are widely admired and respected by their constituents. However, rather than leveraging his own strengths, Barau has consistently relied on the goodwill and reputation of these candidates to secure his own victories, essentially seeking shelter under their umbrella.

It’s not yet too late for the President to do the needful for the interest of Kano State and the party at large. With the weight of history and the hopes of a generation on your shoulders, I urge you to confront the harsh realities that threaten our collective progress.

Nabahani Yusuf Gogori writes from Gogori town in Bagwai

Continue Reading

Opinion

Unmasking Excellence : Idris Abdulkadir Zare’s (Jagora) Leadership Style

Published

19 hours ago

on

November 4, 2024

By

 

By Abba Anwar

Without any doubt, Idris Abdulkadir Zare’s name rings bell in Kano politics, particularly, in his political zone, Kano South. It rings bell not because he is terrifying, but simply because, his name, alone, signifies examplary leadership, selfless service to humanity, genuine loyalty and un-arguable commitment for the survival of the party, All Progressives Congress (APC), in this context.

While he is not a seeker of any elective public office, or party position, as I study him and his political antecedents, he believes, supporting party leadership and followership is one of the surest ways of strengthening the party, against all odds. I kindly call my readers to go to Rogo and substantiate my submission.

Here is a lone Jagora (leader) who spends from his hard earned resources to support the party without thinking of getting anything from anybody, no matter how highly placed, that person could be. His magnanimous touches go beyond party lines. Go to Rogo and seek for more clarification.

If Kano APC is really serious about mending fences, gaining more grassroot support, bouncing back in pre, during and post 2027, people like Idi Zare must be on board. I never met this gentleman. In fact I don’t even know his face, anyway. I come from Dala local government, Kano Central. But I came to know about him for quite sometime now.

#

He, unlike many of our politicians, made his fortunes outside government. But he spends stupendously in people’s welfare, needs and loyalty. One good thing about him, is, while engaging in such activities, he is not vying for any position. Meaning, this gentleman is acting the script of his good heart. He is indeed a morale booster from whatever standpoint you look at him.

This is somebody whose loyalty is not dangling. He supports what he believes in, with all his heart. By whatever standard, Zare is a Phoenix. And trains people to become that.

I caption this piece, as Unmasking Excellence… because, here is a strong party man, whose support and faith in the party and beyond, are more or less, left near lowest ebb. If we can have enough Zare’s replica from all our political zones, in Kano, regret and backwardness could be things of the past. No doubt about this!

I can also understand that, even among our APC strong men in the state, only those of them who are more loyal and sensitive to the welfare of the party members, are the ones that understand his (Zare) worth and work with him hand in hand, for the survival of the party, in the state and the nation in general.

Zare’s clear understanding of political cohesion as a recipe for good governance gives him more courage to see to the welfare and unassuming political engagement with the view to bring all politicians to state growth and development.

The issue goes beyond dishing out resources to people for massaging the economic hardship, he helps in perfecting people’s transportation network, via the provision of vehicles for their personal use. He recently distributed cars and motorbikes for his people. Not because he got a single Kobo from any government institution. He uses his hard earned money to do what he sincerely believes in.

He is also being disturbed by the economic hardship plaguing the society. Which makes hunger more visible than before. That makes him to be up and doing in cushioning the effect of this ugly experience. He distributes foodstuff on frequent basis. To help body and soul live together.

Zare Jagora is not any super human being, only that he believes in making people happy. While being interested in developing his people, without recourse to any ambition or expectations, he believes when man is developed, all other systems can work in harmony to each other.

If and only if, APC as a strong party in Kano, and the nation in general, is really interested in victory, strength and service to humanity, Zare’s legacy and immense contributions to humanity should not be downgraded to the bottom of the ladder.

Anwar was former Chief Press Secretary to the former Governor of Kano State, Dr Abdullahi Umar Ganduje and can be reached at fatimanbaba1@gmail.com

November 4th, 2024

Continue Reading

Opinion

Northern Nigeria’s Silence Amidst Rising Injustices: A Call for a Return to Principled Leadership

Published

3 days ago

on

November 2, 2024

By

The worsening security situation in Northern Nigeria is no longer merely a concern—it has become a full-blown crisis threatening the lives and liberties of millions. Kidnapping, once considered the work of hardened criminals, is now perceived as a lucrative trade. Even more disturbing is the encroachment of this practice into governance, with reports of state authorities detaining citizens under questionable circumstances, particularly young protesters. These developments raise difficult questions about the strength and integrity of leadership in Northern Nigeria and leave us wondering whether the region still has leaders who genuinely represent its people.

The recent detention of minors, allegedly in unhealthy conditions, illustrates this chilling trend. These young individuals were reportedly taken by the authorities while engaging in a protest to call for better governance. Their alleged crime? Waving a foreign flag, in this case, the Russian flag, which authorities deemed treasonous. They did so, perhaps naively, without recognizing the potential implications, yet the state treated them with severity, reportedly requiring a staggering N10 million per person as bail. In contrast, individuals in Southern Nigeria have raised foreign flags and voiced secessionist sentiments without facing equivalent punishments.

This discrepancy raises difficult questions about the consistency of the law and whether it is applied equally across the country. Why are Northern youth held to such strict standards while similar actions in other regions seem to be treated with leniency? Historically, the North was known for its stalwart leaders—individuals who stood up for the people, challenged the government when necessary, and never allowed the region to be compromised. Leaders like Sir Ahmadu Bello, the Sardauna of Sokoto, Alhaji Tafawa Balewa, and Malam Aminu Kano left a legacy of dignity, integrity, and advocacy for Northern interests. These figures prioritized the wellbeing of their people, standing up against exploitation and injusticeTheir voices resonated across Nigeria, leaving an indelible mark on the nation’s political landscape. Today, however, the lack of a unified voice from Northern leaders is disheartening. In the past, these leaders would not have hesitated to demand justice for the detained minors or to negotiate on behalf of their people. Now, the silence of Northern elites on issues like insecurity, youth incarceration, and poor governance has left a void. Instead of elders standing firmly to shield and protect the region’s youth, we are witnessing a tragic indifference that has left many young people feeling abandoned. This crisis of leadership in Northern Nigeria has had severe consequences. Kidnapping and banditry are ravaging communities, youth are disillusioned, and the voices of the people are ignored or, worse, suppressed.

The North is bleeding, and without intervention, the situation will continue to deteriorate. To the elders of the North, if indeed they still exist in spirit and purpose, it is time to rise. The North needs a collective, principled voice to stand against injustice and ensure that the region’s youth are protected and that their futures are not sacrificed to lawlessness or state oppression. The need for Northern Nigeria to reclaim its dignified, protective, and principled leadership has never been more urgent. It is time to break the silence.

Abubakar Ibrahim can be reach via:

habuibrahim76@gmail.com
+2348098454956

#
Continue Reading

Trending