Opinion

How to Stop Judicial Coups Against Democracy in Nigeria

Published

1 year ago

December 2, 2023

“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.

Opinion

Uromi Killings, Barau’s Intervention and Responsible Representation

Published

1 day ago

April 3, 2025

Nigerian Tracker

By Abba Anwar

Before any note on the barbaric Uromi mob action, let me begin with prayer for The Almighty Allah to Bless and Forgive the gentle soul of Galadiman Kano, Alhaji Abbas Sanusi, the son of the late Emir of Kano and Grand Khalifa of Tijjaniyya, Sir Muhammadu Sanusi and the father of the Kano State Chairman of All Progressives Congress (APC), Abdullahi Abbas.

Whenever I sighted the late Galadiman Kano, my mind naturally recollects the face of his respected and revered father, our Tijjaniyya guide, beacon of hope, an epitome of greatness and scholarship, Sir Sanusi, whom I was privilege to visit in both Azare and Wudil, with my parents, when I was much younger, but not toddling.

We had a tradition back in the family, that the younger ones were included in such visits turn by turn. So I was included in two visits to Azare and two visits to Wudil. Where the blessed hands of Sir Sanusi were on my head full with prayers. Alhamdulillah.

ALLAH YA JIKAN GALADIMAN KANO, ALHAJI ABBAS SANUSI

Coming down to the barbaric incident that affected legitimate hunters, in Uromi, Esan North East of Edo state, where 16 hunters were burned to death, an incident that went viral in both the traditional and the new media, the action was condemned across the nation.

Political leaders, governments and other humane elements were up and doing dismissing the anti-human development as condemnable and animalistic.

While I acknowledge and appreciate the concerns of many, I was personally moved by extra efforts put by the Deputy Senate President, Barau I. Jibrin, for moving extra miles and strategizing ways for redress. Responsive and responsible leadership at work.

He immediately condemned the mob action dastardly exhibited when it happened. Then followed by many other well meaning Nigerians. Kudos to all in this direction.

When the Governor of Edo state, H. E. Monday Okpebholo paid a condolence visit to Barau in Abuja, the Deputy Senate President said,
“We cannot undo what has been done. But we all want – all Nigerians, what they are looking forward to, is to make sure that these people are arrested and brought to justice. And you are doing well in that direction. And I’m also glad you’ve spoken about the fact that your government is ready to assist the families of those affected.”

To tell you how concerned Barau is he further stated that, ” I want you to continue to pursue the case so that all those who were involved in these barbaric actions are brought to justice. It’s a barbaric action, to say the facts.

If they are brought to justice, it would serve as a deterrent to those who might want to do this in future. I know that people from other parts of the country have been staying with your people in Edo for centuries in a very conducive atmosphere. And this barbaric act has never happened. I’m sure, under your watch, this will not happen again.”

The Deputy Senate President didn’t stop at that, he called the attention of the President and other well meaning Nigerians, including the security agencies, lamenting over the sad development.

Edo state Governor, started with Senator Barau and from there, based on his fruitful discussion with the Deputy Senate President, he was convinced that his coming to Kano, could douse tension and portray him (Edo Governor) as right thinking leader. Of which he attested to that.

Even before he left Senator Barau in Abuja for Kano, the Governor was made to understand the importance of paying condolence visit to the hometown of the slained victims. Which he also complied. A good of him indeed.

So he came to Kano, visited the Governor of Kano State, His Excellency Abba Kabir Yusuf. From there he proceeded to the see the families of the victims.

What I am trying to portray here is, how the DSP put all the strategies in place for bringing the culprits to book, to douse tension and see ways of giving helping hand to the families of the deceased and to those who sustained injuries.

Governor Okpebholo’s first disclosure about his effort in dealing with the situation was first known during his visit to the Deputy Senate President, when he explained that, “It’s unfortunate that it happened in our state. We are here to say, to let you and other people know that we are not happy.

The President is doing something drastic about this. He is not happy also. The IG has swung into action. The DIG CID is in charge. So far, they have arrested 14 suspects.

So they are bringing them to Abuja for interrogation. We have also set up a Committee to see that we take care of the families of the deceased.”

Distinguished Senator Barau did not stop at that, he visited families of the victims who were gathered at At-Taqwa Mosque, Sabon Fegi, Bunkure local government, as all victims came from Bunkure, Rano and Kibiya local governments, Kano state.

To cushion the effect of trauma in those families he gave the sum of One Million Naira (N1m) to each of families of the 16 deceased ones. Making it a total of N16m in all.

During his visit he was quoted to have said, “I was worried when the incident happened. I had to call the Governor, security agencies and all stakeholders involved.

They swung into action. So far apart from the 14 people who have been arrested, two more suspects have been nabbed. The state governor, who visited my house in Abuja, has assured me that the state government will support you.

We will not take it lightly. We will ensure that the culprits are brought to book and face the wrath of the law.”

Examining and appreciating Barau’s leadership qualities since the occurrence of the ugly incident, the entire families of the deceased commended him through the Chief Imam of the area, Sheikh Zainul Abidina Auwal.

They unequivocally thanked the Senator for his unwavering efforts in ensuring justice, adding that, “Rankai dade Senator you prove to be an excellent representative of your people. You are the leader we so much cherish. Your style of leadership is direly needed for the country’s development.”

To compliment his effort with legislative action, DSP Barau assured that when Senate resumes after Sallah holiday, he would sponsor a Bill to look into the activities of Vigilant groups and their modus operandi.

This will go a long way in checkmating their legitimate activities and other nefarious activities allegedly attach to their operations across the country.

His understanding of the situation and his great concern for Nigerians regardless of where they come from, prompts his moves from multi – faceted approach to make sure that Nigeria is safe and developed.

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

Opinion

Clarification On Recent Events During The Eid-El-Fitr Celebration In Kano: A Response To The GiGG’s Malicious Statement

Published

3 days ago

April 1, 2025

Nigerian Tracker

Clarification On Recent Events During The Eid-El-Fitr Celebration In Kano: A Response To The GiGG’s Malicious Statement

In light of the recent malicious statement issued by the Global Initiatives for Good Governance (GIGG), which disrespects constituted authority and has the potential to cause uncertainty and security breaches regarding the events during the Eid-el-Fitr celebrations in Kano, it is important to provide clarification regarding the actions of both the Emir of Kano, Mallam Muhammadu Sanusi II, and Governor HE. Abba Kabir Yusuf.

First and foremost, it is essential to clarify that there was no Durbar held during this Eid celebration. Rather, what took place was the Emir’s procession to and from the Eid prayer at Kofar Mata, located outside the eastern city wall. This procession is a long-standing Islamic tradition (Sunnah), which involves taking a different route from the one followed to the prayer ground when returning. The Emir’s procession, limited to his guards and close officials, followed this practice in accordance with Islamic traditions. Unlike the Durbar, which is a formal parade involving district heads and traditional horse riders symbolizing allegiance to the Emir and the Emirate, this procession was conducted with full attention to both tradition and public safety.

Durbar celebrations, as historically practiced, have not been held regularly in recent years, mainly due to concerns from security forces. The recent event was no exception. Both the Emir and the Governor acted with the intention of striking a balance between preserving cultural practices and ensuring the safety and security of the public. They did not disregard the law or public safety, rather, their actions were aimed at preventing the potential exploitation of the occasion by individuals seeking to disrupt peace and stability.

The breakdown of law and order that occurred was due to the actions of alleged, sponsored criminal elements who hijacked the occasion to create chaos. These individuals sought to tarnish the reputations of both the Emir and the Governor, possibly even attempting to blackmail them and state. We commend the Nigeria Police Force for their swift action in making arrests, which is an important step toward uncovering the full extent of the individuals and networks behind these destructive activities.

It is also essential to address the concerns raised by the faceless NGO. While the police do not have the constitutional authority to outrightly ban traditional programs such as this, they are within their rights to call for a suspension or cancellation based on actionable intelligence aimed at maintaining public safety. Any formal ban, however, would require adherence to due legal process.

The nation is now closely watching the Nigeria Police Force, and we are hopeful that justice will be served swiftly. We trust that ongoing investigations will identify all those responsible for these disruptive actions and ensure accountability.

A.T. Abdullahi
A Concerned Kano Indigene
31st March 2025

Opinion

Periscoping Waiya’s Alleged Assault on Free Press Viz the Preponderance of Mob Reasoning

Published

1 week ago

March 27, 2025

Nigerian Tracker

By Al Amin Ubandoma

The recent controversy surrounding Kano State Commissioner for Information, Ambassador Ibrahim Waiya, has sparked heated debates about free press and mob reasoning. The controversy began with an opinionated article written by one Auwalu Ismail, which criticized Waiya that was widely circulated online.

The article contained allegedly malicious and defamatory statements about Ambassador Ibrahim Waiya. As a public figure, Waiya has the right to defend himself against such attacks, and his decision to report the matter to the police was a legitimate exercise of this right.

However, the response from journalists and Amnesty International was swift and merciless. Without recourse to the violation of Waiya’s rights, they condemned his actions as an assault on free press and a threat to democracy.

This mob-like response is a classic example of mob reasoning, where emotions and sensationalism override rational thinking and fairness.

The implications of this response are far-reaching. If public figures like Ambassador Ibrahim Waiya are not allowed to defend themselves against malicious attacks, it could create a culture of impunity where anyone can make false and defamatory statements without consequence.

Furthermore, the response from journalists and Amnesty International undermines the principles of fairness and justice as enshrined in journalistic ethics.

By failing to consider Waiya’s side of the story and his right to defend himself, Amnesty international, and its co-travellers perpetuated a one-sided narrative that ignored the complexities of the issue at stake.

The controversy surrounding Waiya highlights the need for fairness and balance in public discourse. While free press is essential to democracy, it is equally important to protect the rights and privileges of public figures like Ambassador Waiya.

By prioritizing fairness and justice, we can create a more equitable and just society for all. This requires a commitment to considering multiple perspectives and upholding the rights and privileges of all individuals, including public figures.

The mob-like response from journalists and Amnesty International is a reminder that even in the pursuit of press freedom, we must not trample on the rights of others.

Indeed, Ambassador Waiya’s experience serves as a cautionary tale about the dangers of mob reasoning and the importance of upholding fairness and justice in public discourse.

As we move forward, it is essential that we learn from Waiya’s experience and prioritize fairness and balance in public discourse. This requires a commitment to considering multiple perspectives and upholding the rights and privileges of all individuals.

The protection of human rights is essential to creating a just and equitable society. By upholding the rights and privileges of all individuals, including public figures like Waiya, we can create a more just and equitable society for all.

In conclusion, Ambassador Waiya’s experience serves as a powerful reminder of the importance of protecting the rights and privileges of all individuals, including public figures.

The debate surrounding Waiya’s actions is a reminder that the pursuit of press freedom is complex and multifaceted. While it is essential to protect the rights of journalists and writers, it is equally important to uphold the rights and privileges of public figures.

Ultimately, the controversy surrounding Waiya and the opinionated article highlights the need for a more nuanced and balanced approach to public discourse.

As we move forward, it is essential that we prioritize fairness and balance in public discourse. This requires a commitment to considering multiple perspectives and upholding the rights and privileges of all individuals.

The importance of protecting the rights and privileges of public figures like Ambassador Waiya cannot be overstated.

By upholding the rights and privileges of all individuals, including public figures, we can create a more just and equitable society for all.

In the end, Ambassador Waiya’s experience serves as a powerful reminder of the importance of prioritizing fairness and balance in public discourse, and it has indeed brought to fore how not to deployed mob reasoning on issues of human rights

Al Amin Ubandoma, a Public Affairs Analyst writes from Lagos.