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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

Beyond the Godfather’s Shadow: Why Governor Abba Kabir Yusuf Chose Kano Over a Provincial Presidential Quest

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2 days ago

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January 5, 2026

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​By Kabiru Sani Dogo Maiwanki

​The recent pronouncements by Senator Rabiu Musa Kwankwaso regarding Governor Abba Kabir Yusuf’s strategic political recalibration have finally stripped away the façade, exposing the profound ideological fissures within the NNPP hierarchy. In a caustic address delivered Saturday evening, the Senator characterized the Governor’s newfound autonomy as a “betrayal” of a far more egregious nature than that of his predecessor, Abdullahi Ganduje. However, in this vitriolic attempt to cast himself as the victim of political infidelity, Kwankwaso inadvertently betrayed a disconcerting truth: he viewed the incumbent administration not as a sovereign executive entity, but as a subordinate instrument of his personal political estate.

​Senator Kwankwaso remarked that, as a presidential hopeful, his fundamental expectation was that the administration he purportedly “installed” would function as a geopolitical centrifuge—a financial and logistical catalyst designed to project the Kwankwasiyya hegemony into neighboring Northwestern territories. He expressed profound chagrin that, over two years into this mandate, the machinery of the Kano State government has not been weaponized to “conquer” even Jigawa State for his political brand. This revelation is remarkably candid; it implies that the Senator’s patronage of the current administration was never rooted in the socio-economic advancement of the Kano populace, but was instead a cynical stratagem to treat the state’s commonwealth as a private war chest for a singular, ego-driven presidential odyssey.

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​By resisting this role, Governor Abba Kabir Yusuf has committed what Kwankwaso perceives as an unpardonable “sin,” but what objective observers must recognize as a courageous act of institutional integrity. The Governor’s refusal to allow the Kano State treasury to be cannibalized for regional political expansion is a resounding victory for fiscal prudence and administrative transparency. It represents a principled rejection of the archaic practice where public commonwealth is weaponized to bolster the narrow political interests of a singular godfather at the expense of the citizenry.

​The depth of the Senator’s desperation is now laid bare for all to see. In a striking reversal from his usual posture of absolute authority, Kwankwaso has been reduced to making public appeals for reconciliation. His recent plea—openly asking anyone with access to the Governor to “beg him to come back”—reveals a leader who has finally grasped the magnitude of his loss. It is the sound of a man who realizes that the “innocent aide” he once underrated has not only secured his independence but has taken the soul of the movement with him.

​It is therefore essential for Kwankwaso and other political leaders who pride themselves on their political stature to realize that there is a limit to how long they can continue to deceive and exploit their followers. Respect must be reciprocal; whether between a leader and the led, there is a definitive limit to the amount of insult, manipulation, and contempt any person can endure.

Whenever you push a supporter to the brink and their patience finally runs out, the consequences of their anger will certainly be unpleasant for those in power.
​For the well-meaning people of Kano, this is a moment to offer unalloyed commendation. Governor Abba deserves praise for his steadfastness in protecting the state’s allocations and for prioritizing the welfare of the masses over the expansionist agenda of a political empire. Abba Kabir Yusuf has chosen to be the custodian of the people’s trust rather than a puppet for personal ambition, and in doing so, he has redefined the essence of leadership in Kano.

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Opinion

From Zamfara roots to national vision: Aliyu Muhammad Adamu, seasoned media leader, returns home to serve his people.”

Published

2 days ago

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January 4, 2026

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Aliyu Muhammad Adamu was born on 29th December 1982 in Tsafe Local Government Area of Zamfara State, into the respected Adamu Joji family.

He hails from a lineage that includes notable family members such as Alhaji Sanda Adamu Tsafe (Sarkin Yakin Tsafe), Alhaji Aliyu Adamu (Danmadami), Alhaji Sani Adamu, Hajiya Khadija Adamu (Gwoggo Dala), and Hajiya Amina, among others.

His father, Muhammad Adamu (popularly known as Nata’ala), later relocated to Kano State in pursuit of business expansion. As a result, Aliyu and his siblings were raised in Kano, where he began his early education at Da’awa Primary School, Kano.

Driven by a strong connection to his roots, Aliyu returned to Zamfara State for his secondary education, attending Unity Secondary School, Gummi. He subsequently gained admission into Bayero University, Kano (BUK), where he obtained both his Diploma and Bachelor’s Degree, graduating in 2010.

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After completing his National Youth Service Corps (NYSC), Aliyu faced the realities of life with resilience and determination, navigating through challenges that shaped his character and leadership capacity. In 2014, he returned to Zamfara State and began his professional career in the media industry with Gamji Television and Radio.

Through dedication, hard work, and professional excellence, he served the organization for nearly ten years, rising through the ranks to become the General Manager of the station, an achievement that underscored his leadership, administrative competence, and commitment to public communication.

In 2023, Aliyu voluntarily resigned from the media organization and relocated to Kano State in pursuit of broader opportunities and personal development. Today, driven by a renewed sense of purpose and a lifelong commitment to his people, Aliyu Muhammad Adamu is preparing to return to his hometown to seek the support and mandate of his people. His aspiration is to represent our parents, brothers, and sisters at the federal level, with a clear vision of contributing meaningfully to the development, unity, and overall progress of Zamfara State.

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Opinion

Opinion:The Anatomy Of A Hoax- Setting The Record Straight On Governor Abba Yusuf

Published

3 days ago

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January 4, 2026

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​By Ahmed Badamasi Tsaure

​The recent wave of political “scoops” regarding the purported defection of Governor Abba Kabir Yusuf of Kano State to the All Progressives Congress (APC) has moved beyond mere speculation into a coordinated campaign of character assassination. Most notably, reports by Daily Nigerian claiming the Governor’s move was “postponed” are masterpieces of fiction, designed to paint a sitting Governor as indecisive and subordinate. As a witness to the political realities in Kano, I find it necessary to dismantle these fallacies with the facts that the purveyors of this rumor have conveniently ignored. In Nigerian politics, defection is a statutory process requiring a formal resignation from one’s current party. To date, Governor Abba Kabir Yusuf has not submitted any resignation from the New Nigeria Peoples Party (NNPP). To claim that a “finalized arrangement” for a Monday registration existed is a procedural hallucination; one cannot join a new house without first stepping out of the old one.
​Furthermore, the narrative suggests the Governor’s plans were shelved because he failed to seek the “blessings” of local APC bigwigs. This is a laughable distortion of executive power. History is replete with Governors who defected based on executive conviction without the interference of local APC “big wigs.” We have seen this with the Governor of Delta vs. Senator Omo-Agege, the Governor of Bayelsa vs. David Lyon and Minister Heineken Lokpobiri, the Governor of Rivers vs. Nyesom Wike, and the Governor of Plateau vs. the current National Chairman of the APC. More recently, the defections of Governors like Dave Umahi (Ebonyi), Ben Ayade (Cross River), and Bello Matawalle (Zamfara) proved that when a Governor moves, he does so as the new leader of the party in his state. It is also historically hypocritical to label such a move as “betrayal.” When Rabiu Musa Kwankwaso defected from the PDP to the APC in 2013, he did not seek permission from any person or leadership—he led a rebellion based on his own conviction. If it was “principled politics” for the godfather then, it cannot be “betrayal” for the Governor now.

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​What, then, remains for a Governor who already holds the overwhelming mandate of his people? It is a known fact that Governor Abba Yusuf moves with the ironclad support of almost 95% of the Kano State House of Assembly, 50% of the National Assembly members from the state, all 44 Local Government chairmen, and the entire grassroots party structure. The desperate attempt by the NNPP National Working Committee to dissolve the Kano executive committees is a futile, “too-late” maneuver that only confirms their loss of control. When a Governor commands such total loyalty, he does not ask for permission; he leads. The defection of Governor Abba Kabir Yusuf is inevitable if he so wishes, as he carries the entire political soul of Kano with him.
​The theory that the APC postponed this move because Senator Kwankwaso is not coming along simply does not hold water. Kwankwaso’s refusal to join the APC is a settled matter; it is alleged the President offered him a ministerial position or the Chairmanship of the soon-to-be resuscitated Petroleum Trust Fund (PTF), both of which he rejected after his demand to join the Presidential ticket was denied. Using this stalemate as a pretext for the Governor’s “indecision” is a transparent lie aimed at making the Governor look like a political appendage. It is disheartening to see Daily Nigerian abandon objective journalism to frame the Governor as a “betrayer.” If Governor Abba Yusuf chooses to move, he does so as a leader of a massive political movement. The media must stop concocting stories to mislead the public. Governor Abba Kabir Yusuf remains focused on his mandate. These rumors are merely the desperate gasps of those who wish to see Kano in perpetual turmoil.

​Ahmed Badamasi Tsaure writes from Shanono Local Government, Kano State. He can be reached at ahmedtsaure28@gmail.com.

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