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How to Stop Judicial Coups Against Democracy in Nigeria

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2 years ago

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“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.

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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.

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Opinion

Matawalle: The Northern Anchor of Loyalty in Tinubu’s Administration

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5 days ago

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December 8, 2025

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By Adebayor Adetunji, PhD

In the broad and competitive terrain of Nigerian politics, loyalty is often spoken of, yet rarely sustained with consistency, courage and visible action. But within the administration of President Bola Ahmed Tinubu, one Northern appointee has demonstrated this quality not as a slogan, but as a lifestyle, as a political principle and as a national duty — Hon. (Dr.) Bello Muhammad Matawalle, Minister of State for Defence.

Since his appointment, Matawalle has stood out as one of the most loyal, outspoken and dependable pillars of support for the Tinubu administration in the North. He has never hesitated, not for a moment, to stand firmly behind the President. At every turn of controversy, in moments of public misunderstanding, and at times when political alliances waver, Matawalle has continued to speak boldly in defence of the government he serves. For him, loyalty is not an occasional gesture — it is a commitment evidenced through voice, alignment, and sacrifice.

Observers within and outside the ruling party recall numerous occasions where the former Zamfara State Governor took the front line in defending the government’s policies, actions and direction, even when others chose neutrality or silence. His interventions, always direct and clear, reflect not just loyalty to a leader, but faith in the future the President is building, a future anchored on economic reform, security revival, institutional strengthening and renewed national unity.

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But Matawalle’s value to the administration does not stop at loyalty. In performance, visibility and active delivery of duty, he stands among the most engaged ministers currently serving in the federal cabinet. His portfolio, centred on defence and security, one of the most sensitive sectors in the country, demands expertise, availability and unbroken presence. Matawalle has not only embraced this responsibility, he has carried it with remarkable energy.

From high-level security meetings within Nigeria to strategic engagements across foreign capitals, Matawalle has represented the nation with clarity and confidence. His participation in defence summits, international cooperation talks, and regional security collaborations has positioned Nigeria as a voice of influence in global security discourse once again. At home, his involvement in military policy evaluation, counter-terrorism discussions and national defence restructuring reflects a minister who understands the urgency of Nigeria’s security needs, and shows up to work daily to address them.

Away from partisan battles, Matawalle has proven to be a bridge — between North and South, civilian leadership and military institutions, Nigeria and the wider world. His presence in government offers a mix of loyalty, performance and deep grounding in national interest, the type of partnership every President needs in turbulent times.

This is why calls, campaigns and whisperings aimed at undermining or isolating him must be resisted. Nigeria cannot afford to discourage its best-performing public servants, nor tighten the atmosphere for those who stand firmly for unity and national progress. The nation must learn to applaud where there is performance, support where there is loyalty, and encourage where there is commitment.

Hon. Bello Matawalle deserves commendation, not suspicion. Support — not sabotage. Encouragement, not exclusion from political strategy or power alignment due to narrow interests.

History does not forget those who stood when it mattered. Matawalle stands today for President Tinubu, for security, for loyalty, for national service. And in that place, he has earned a space not only in the present political equation, but in the future judgment of posterity.

Nigeria needs more leaders like him. And Nigeria must say so openly.

Adebayor Adetunji, PhD
A communication strategist and public commentator
Write from Akure, Ondo State, Nigeria

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Opinion

Drug Abuse Among People With Disabilities: The Hidden Crisis Nigeria Is Yet to Address

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5 days ago

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December 8, 2025

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By Abdulaziz Ibrahim

Statistically Invisible, Persons with Disabilities feel shut out of Nigeria’s drug abuse war as a report from Adamawa reveals lacks data and tailored support needed, forcing a vulnerable group to battle addiction alone.

In Adamawa State, the fight against drug abuse is gaining attention, but for many people living with disabilities (PWDs), their struggles remain largely unseen. A new report has uncovered deep gaps in support, treatment, and data tracking for PWDs battling addiction despite official claims of equal access.

For nearly three decades, Mallam Aliyu Hammawa, a visually impaired resident of Yola, navigated a world increasingly shrouded by drug dependency. He first encountered psychoactive substances through friends, and what began as casual use quickly escalated into long-term addiction.

“I used cannabis, tramadol, tablets, shooters everything I could get my hands on,” he recalled. “These drugs affected my behaviour and my relationship with the people close to me.”

Family members say his addiction changed him entirely. His friend, Hussaini Usman, described feeling “sad and worried” when he realized Aliyu had fallen into drug use.

Aliyu eventually made the decision to quit. It was marriage and the fear of hurting his wife that finally forced him to seek a new path. “Whenever I took the drugs, I felt normal. But my wife was confused about my behaviour,” he said. “I decided I had to stop before she discovered the full truth of what I was taking.”

A National Problem With Missing Data

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Nigeria has one of the highest drug-use rates in West Africa, according to the United Nations Office on Drugs and Crime (UNODC). Over 14 million Nigerians between the ages of 15 and 64 use psychoactive substances. Yet, within that massive user base, PWDs are statistically invisible.

There is almost no national data on drug abuse among persons with disabilitiesa critical gap that experts warn makes it impossible to design effective, inclusive rehabilitation programmes.

Ibrahim Idris Kochifa, the Secretary of the Adamawa State Association of Persons with Physical Disability, told this reporter that PWDs face unique, systemic pressures that intensify their vulnerability to drug abuse, specifically citing poverty, unemployment, isolation, and social discrimination.

“Whenever a person with disability is caught with drugs, the common decision is to seize the drugs and let him go,” Kochifa said, speaking on behalf of the disabled community leadership. “But if they consult us, we have advice to offer on how they can be treated and rehabilitated. Without involving us, no programme will fully benefit people with disabilities.”

NDLEA Responds

At the National Drug Law Enforcement Agency (NDLEA) Command in Adamawa, officials insist their services are open to everyone without discrimination.

Mrs. Ibraham Nachafia, the Head of Media and Advocacy for the NDLEA Adamawa State Command, said during an interview, “Our rehabilitation centre is open to all. There is no discrimination. Anyone including persons with disabilities can access treatment.”

While the official position suggests inclusiveness, disability advocates call it “tokenistic.” They argue that equal access on paper does not translate to tailored support in practice. True rehabilitation for PWDs requires specialized counselling that understands their unique traumas, physically accessible facilities, and significantly stronger community engagement to prevent relapse.

A Call for More Inclusive Action

Advocates are now urging the Nigerian government and drug-control agencies to build a response framework that recognizes PWDs as a vulnerable group in need of targeted support.

The advocate Goodness Fedrick warns that until rehabilitation and prevention programmes reflect the realities faced by people with disabilities, Nigeria’s battle against drug abuse will remain incomplete.

For people like Aliyu Hammawa, who managed to recover without structured support, the message is clear: many others may not be as fortunate.

This story highlights the urgent need for inclusive, data-driven, and community-supported approaches in Nigeria’s fight against drug addiction. Until the nation sees and serves this ‘hidden crisis,’ its overall battle against addiction will continue to be fought with one hand tied behind its back.

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Debunking the Myth of Christian Genocide in Nigeria: Unmasking America’s Militarism and Invasion Tactics

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6 days ago

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December 7, 2025

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By Sani Khamees

In 2017, while serving in Kano through the National Youth Service Corps (NYSC) scheme in Nigeria, I crossed paths once more with Professor Horace Campbell. An invitation arrived at the department of Political Science, Aminu Kano College of Islamic and Legal Studies, summoning us to hear Campbell speak on his latest book, ‘Global NATO and Catastrophic Failure in Libya: Lessons for Africa in the forging of African unity.’ I shared with my HOD that I had first met Campbell in 2010, during his condolence visit for the late Dr Tajudeen Abdulraheem, my former school director in Funtua. My HOD eagerly accepted, and we prepared for the evening. After introducing myself to Campbell, he handed me his book and asked for a summary. His work reveals how Western powers, under the banner of NATO, used the UN Security Council’s Resolution 1973 and the so-called ‘responsibility to protect’ as a pretext to invade and devastate Libya (Campbell,2013).

The Libyan uprisings emerged from the Arab Spring, which began in Tunisia in 2010 and spread across Egypt, Yemen, Syria, Bahrain, and finally Libya. After Tunisia’s Bin Ali fled and Egypt’s Mubarak was toppled by a tidal wave of revolution, Benghazi erupted in rebellion just days later. But the West soon intervened, transforming a popular movement into an armed struggle. In response, Gaddafi threatened to unleash the full force of the state to crush the discord.

By February 21, 2011, Western media had rewritten the story, claiming that innocent civilians faced imminent massacre by the Libyan army. Headlines like “Gaddafi Warns of ‘Rivers of Blood’ as UN Prepares to Vote” from The Guardian and reports from CNN suggesting the urgent need for intervention due to potential atrocities influenced public perception. The United States, Britain, and France seized the moment, pushing a UN Security Council resolution under the guise of ‘responsibility to protect.’ This cleared their path into Libya, leading to Gaddafi’s death and the takeover of the nation’s political and economic future.

In the aftermath of Libya’s collapse, chaos swept across the Sahel as militias like Boko Haram, Jama’at Nusrat ul-Islam wa al-Muslimin (JIMIM), Islamic State in the Greater Sahara (ISGS), Islamic State – West Africa Province (ISWAP), Bandits, and Ansaru surged back into prominence. The collapse led to a vacuum of power and increased availability of weapons when Gaddafi’s vast armory was looted and diffused across the region. These armaments and the instability spurred by Libya’s breakdown facilitated the resurgence and strengthening of militant groups in surrounding areas, including Nigeria. In Nigeria, Boko Haram in the Northeast and Bandits in the Northwest became household names, operating mainly in the country’s northern regions. Boko Haram launched its campaign in Borno State with the rallying cry ‘no to western education’, then spread to Yobe, Gombe, Bauchi, and even Kano, areas with deep Muslim roots. Their reign of terror included bombings of worship centers, hospitals, markets, and busy roads, as well as kidnappings for forced marriage, abuse, and other social vices.

Rivaling Boko Haram in brutality are the armed bandits who first emerged in Zamfara State and quickly spread to Sokoto, Kebbi, Niger, and Katsina, now encroaching on the north-central states of Plateau, Benue, and Kwara. Unlike Boko Haram, these bandits are driven by profit, engaging in kidnappings for ransom, assaults on villages and towns, and the deliberate killing of civilians.

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Both Boko Haram and the armed bandits have left a trail of devastation: thousands of civilians killed, worship centers and farmlands destroyed, and entire villages emptied as people flee for safety. Their violence knows no boundaries of religion, tribe, or ethnicity. Boko Haram has bombed mosques, including the Kano city mosque near the Emir’s palace, killing over 120 and injuring around 200. (wikipedia, 2014) Bandits have kidnapped thousands and indiscriminately attacked travelers and villagers. Their latest atrocity saw worshippers in Mantau village, Malumfashi, gunned down during dawn prayers.

It is a fact that most terror attacks in Nigeria occur in the Muslim-majority north. While these groups show no regard for religion or ethnicity, it is the Muslim population that suffers most, simply because they are the majority. However, the narrative of a targeted genocide against Christians fails to hold when we incorporate the experiences of both Muslim and Christian communities in the north. According to a report by the International Crisis Group, the majority of attacks and incidents of violence between 2010 and 2019 occurred in northern regions, with Muslim communities being disproportionately affected. Studies also suggest that around 8 out of 10 victims of Boko Haram’s attacks are Muslims (Group, 2010).  Testimonies from these communities reveal a shared struggle against violence and a mutual rejection of divisive labels imposed from outside. A Muslim community leader from Maiduguri described a neighborhood where Christians and Muslims live side by side, united in their fear and condemnation of extremist violence. Similarly, a Christian resident of Kaduna expressed that they view their Muslim neighbors as partners in resilience rather than adversaries. Such perspectives challenge simplistic genocide narratives and highlight how local identities and solidarities complicate the external binary framing of conflict in Nigeria.

Echoing the tactics used to justify intervention in Libya, a recent claim by American politician Bill Maher alleges that Christians in Nigeria are being targeted for genocide. He asserts that Islamists have killed over 100,000 Christians and destroyed 18,000 churches, painting a picture of a systematic campaign to erase Christianity from Nigeria. These claims are fabrications, designed to set the stage for another ‘responsibility to protect’ intervention. Nigeria’s wealth in natural resources and oil has long made it a target for Western interests.

It is clear that the US seeks to repeat the Libyan scenario in Nigeria. Western media excels at crafting divisive narratives that pave the way for imperial ambitions. This pattern is not new. Samir Amin, in ‘The Liberal Virus: Permanent War and the Americanization of the World,’ describes how Hitler used the Reichstag fire as a ploy for repression, drawing parallels to George Bush’s invasion of Iraq and NATO’s intervention in Libya (Amin, 2004). Now, the same playbook is being opened for Nigeria.

However, it is crucial to recognize the active role Nigerian actors, both in person and groups, play in countering these narratives and steering their own destiny. The Nigerian government has engaged in diplomatic dialogues and sought the support of international bodies to challenge misleading accounts and protect the country’s sovereignty.

Additionally, vibrant civil society organizations in Nigeria work tirelessly to foster inter-communal dialogue and resist attempts to sow discord. Nigerian media outlets, both traditional and digital, have amplified local voices and stories that underline a unified resistance against manipulative foreign interests. These efforts highlight Nigeria’s agency in shaping its future and resisting external exploitation.

Sani Khamees is a community activist and Pan-Africanist from Funtua, Katsina state of Nigeria.
Facebook: SaniKhamees@facebook.com
Twitter (X): @Khamees _sa54571

References
Campbell, H (2013). Global NATO and Catastrophic Failure in Libya: Lessons for Africa in the forging of African unity. New York, Monthly Review Press

Amin, S. (2004). The Liberal Virus: Permanent War and the Americanization of the World. Monthly Review Press. https://nyupress.org/9781583671078/the-liberal-virus/

(2014). 2014 Kano attack. https://en.wikipedia.org/wiki/2014_Kano_attack

Group, I. C. (2010). Northern Nigeria: Background to Conflict. International Crisis Group. https://ciaotest.cc.columbia.edu/wps/icg/0020843/index.html

Amin, S. (2004). The Liberal Virus: Permanent War and the Americanization of the World. Monthly Review Press. https://nyupress.org/9781583671078/the-liberal-virus/

(2020). 90% of Boko Haram’s victims are Muslims — Buhari. https://www.vanguardngr.com/2020/02/90-of-boko-harams-victims-are-muslims-buhari/

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