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How to Stop Judicial Coups Against Democracy in Nigeria

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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.

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

Why Atiku Should Contest Again, By Adnan Mukhtar

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Former Vice President Atiku Abubakar

 

Atiku is the only strong opposition leader in Nigeria so far. He was a vice president for 8 years and a successful businessman in active politics in the last 3 decades. He contested for election by appearing on the ballot 3 times. He did it in 2007, 2019, and 2023. He aspired for the office of the president in 1992, 2003, 2011, and 2015.

He’s the only opposition leader with the capacity to unify this country, a nationalist to the core, Pan Nigerian, and advocate for restructuring. Nobody will deny these attributes on him.

Tell me any strong opposition leader in Nigeria apart from Atiku? Obi fought a good fight out of ethnicity and bigotry but Atiku fought his fight out of nationalism not because he is from the North or a muslim but because of his patriotism to govern this country and bring the desired change. He didn’t hide under ethnicity or religion like other candidates do.

Atiku has built bridges across the country. If the Igbo’s will come and work together with Waziri, he will definitely be a stepping stone for an igbo presidency as he always said: Power is negotiable.You don’t fight for it.

Despite the fact that the votes were splitted and rigged, Waziri was able to beat Obi, Kwankwaso, and came second in the most fraudulent election since the return to democracy in 1999.

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Atiku still has a good chance at 76. Raila Odinga contested for election at 81, Joe Biden is currently 80. Asiwaju Bola Ahmed Tinubu should be around that age, too, as nobody is aware of his real age.

Age should not be an obstacle to contest for election. It’s all about a candidate who has the ability and capacity to bring the needed results.

Atiku is the only opposition leader who can lead and restructure this country. This should not be his last shot, as others are saying. He should give it a try again.

President Muhammadu Buhari contested for election 4 times, he lost all the 3 and won in his 4th attempt. Those asking Waziri to forget about contesting again are doing a disservice to this nation.

Many world leaders are in their 80’s. That doesn’t stop them from doing great things.

I’m optimistic that Waziri will get his stolen mandate at the Supreme Court. If otherwise, he should contest again as Nigeria and Nigerians need him more.

Adnan Mukhtar Tudunwada is a political PR consultant, university lecturer, and media assistant at Atiku Campaign Office in Kano.

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Reno Omokri And His Sheer Opportunism

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By Yusuf Danjuma Yunusa

Since the flame war began between the Tinubu led APC and Mallam El-rufai, the former’s camp has been experiencing sleepless nights. And since those employed, officially, to tackle such issues–if any arises–are obviously not up to the task, the renowned opportunist of our time–Reno Omokri–has, obviously, agreed to display his mercenary skill sets in their defense.

But then, it has been confirmed that even their so called Mercenary is not also up to the task. In his usual cunning manner of presenting issues to the gullible ones amongst us, Reno Omokri has presented some points against Mallam Nasir El-rufai of which, this piece is serving as a rejoinder to all those malicious claims.

Firstly, amongst his claims is the narrative that El-rufai is wailing because he was denied being made a minister under the administration of Tinubu due to his inability to secure a security clearance. Stating that issues like the crisis which went on almost everyday in the southern region of Kaduna State is considered to be a handwork of El-rufai.

To refute this claim and then make it explicit how Reno is a confused human being with an amnesia problem, it’s on the record that the southern Kaduna crisis started way longer before El-rufai assumed office as the governor of the state. In his words: “please, fact check me.”

When Namadi Sambo was picked as the vice president by the then president Goodluck Jonathan after the death of Umaru Musa Yar’adua in May, 2010, Patrick Yakowa–who was the deputy governor to Namadi Sambo–automatically became the governor of the state. This development was what brought the said crisis to the state. The Muslims were not comfortable with the fact that a Christian was the governor of the state, hence the rift and crisis between the regions in the state.

The crisis escalated even more after the late Yakowa contested against a CPC candidate, Haruna Sae’ed and won with a slight difference in the numbers of the votes in the 2011 gubernatorial election. A year and some months later, he was involved in an aircraft crash and died at the spot. These aforementioned developments were the origins of the crisis which Reno is faulting El-rufai who became governor of the state some years later for.

And for the fact that the crisis is still ongoing in the present administration of Uba Sani shows that the attack is personal and out of jealousy. They hope that, with the tarnishing of image tactics which they have employed against El-rufai, whatever plans he has against them coming 2027 will die.

Secondly, Reno also accused El-rufai as the one who carried out the Shi’ites massacre that happened in December, 2015. If not one who suffers from amnesia, who doesn’t know that it was the Nigerian Army that carried out the operation in 2015? But because Reno is a shameless opportunist who thinks with his anus, the incident is now attributed to the government of El-rufai.

The honest revelation of the scenario was that the Shi’ites movement blocked roads in Zaria, stopping anyone from using the roads because they were performing some of their rituals. The ugly situation surfaced when they tried the stupidity with the then Chief of Army Staff–major general Buratai Tukur.

The Public Relations Officer of the Nigerian Army then revealed that an assassination attempt on the life of Tukur Buratai was their reason for the brutal retaliation against the members of the movement and then the subsequent capture of their leader, Zakzaky. How does this narration concern El-rufai who even established a State Judicial Commission of Inquiry into the incident?

Thirdly, he also made mention of the demolitions carried out by El-rufai as part of the reasons why he couldn’t secure the security clearance. And I ask: the same demolition of houses and mosque which Wike carried out in Rivers State and then secured a security clearance to be part of Tinubu’s administration?

Moreover, all the demolitions carried out by the administration of El-rufai had moral justification. For instance, the demolition of the house which was kept for a sex party by some morally deteriorated human beings in the state is justifiable. Such morally bankrupt activities must not take place in the home of Sir Ahmadu Bello, the late Sadauna. No demolition was carried out without the Kaduna State Urban and Development Agency giving reasons for such action.

The fact remains that, the president changed his mind along the line and didn’t want El-rufai in his government for reasons best known to him. If it was because of inability to secure the security clearance, how come the likes of Bello Matawalle of Zamfara state got nominated and passed the security screening? An average Nigerian knows that Bello Matawalle championed bandits operation in the state during his tenure as it was alleged by even the bandits lord–Bello Turji, and the present governor of the state, Dauda Lawal.

It’s also imperative for Nigerians to take note of the fact that the power issue in the country isn’t ordinary. As stated by El-rufai on Arise tv during his recent interview, president Tinubu gave him a challenge to fix the power issue of the country and he gladly accepted it because, accepting a challenge and conquering it has become his hubby.

If we all could recall, during his presentation at the National Assembly, El-rufai pointed out the problems imbedded in the ministry and how he intended to providing a lasting solutions to them. One who can decipher should understand that the cabals in that ministry are the ones against his nomination. And, to obey to the agreement, the president had to let them have their say. Had El-rufai been allowed into that ministry, all hell would have been let loose by now. They know the kind of person he is and that’s why he was stopped.

Reno Omokri is actually the one crying because El-rufai relieved him off the duty of handling his Facebook page while he was the FCT minister. He has been at loggerheads with El-rufai ever since then. Plus, his newly found job with the Renewed hope gangs, PR consultants, El-rufai must not rest. But he should be aware that the likes of us will always be around and ready to keep him on his toes whenever he mentions El-rufai’s name.

The same Reno who described Tinubu as a bad product that the APC wanted to sell to Nigerians. Same he who described the president as an indecisive person and shouldn’t be made president. The same mealy-mouthed Reno who tagged the APC government as one that has increased the poverty rate in Nigeria. The same so called Gospeller who went to organize a protest against Tinubu at the Chatham house in London. He is the same person they employed to defend them now and he accepted because he has no other means of earning than the PR consultancy scheme.

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Re:Governor Abba Kabir ,Beware Of Waiya

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BY Muhammadu Dan Sa’idu

My attention was drawn to a newspaper opinion article titled Dear Governor Abba Kabir, Beware of Waiya authored by one Isma’il Auwal. Ordinarily, I may not have bothered to respond to the baseless submissions of the author, but silence in the face of falsehood and mistepresentation of issues amounts to concent and endorsement of such reckless personal attacks on innocent law abiding citizen who by share destiny was called to serve his people.
The writer in the figment of his imagination thinks he can rubbish the decision of His Excellency, Governor Abba Kabir Yusuf in choosing one of the best

brains in the civil society community, Comrade Ibrahim Waiya to serve as member of the State Executive Council and Commissioner of Information and Internal Affairs. This is in addition to other adhoc assignments such as the Chairmanship of the High-Powered Committee on the profiling of CSOs and NGOs in Kano State.
From the submission of Isma’il, it is clear that the writer lacks even elementary knowledge of how government works and how decisions are made. Also, it was clear the writer was acting a script of some unpatriotic and unscrupulous elements who are not pleased with the stirling performance of Comrade Waiya since he assumed office as the state Commissioner of Information. Moreover, the writer didn’t only show personal hatred and envy for Comrade Waiya but went so

low to attempting to armtwist the Governor into sack the workaholic, vibrant, energetic and creative Commissioner. This is uncharitable and uncouth for someone claiming to be a member of an enlighten society, the CSO.
The write-up was populated with fat lies, misrepresentation of facts and attempts to ignite in-house inferno among the appointees of Governor Abba Kabir Yusuf. The writer failed to rewrite history by refusing to acknowledge the contributions of Comrade Waiya who was one of the leaders of the CSOs that stood behind Governor Abba Kabir in the 2019 and 2023 political and legal struggles to ensure justice was done in face of glaring attempts to deny justice for the people of Kano State.
Contextually, the write-up was a
U-turn against earlier resistance and

rejection of the state high-powered committe on the profiling of CSOs and NGOs by some dishonest, unrealistic individuals claiming to be speaking for the CSO/ NGO scommunities. This is because, having failed to armtwist, blackmail and intimidate the state government to rescind its decisions on the creation of the committee by dissolving and discarding the idea of profiling the CSOs and NGOs, the sponsors of the move resort to personal attacks on the Chairman of the Committee and Honourable Commissioner of Information, Comrade Ibrahim Waiya.
It is clear that the battle for the disbanding the High-Powered Committee was dead on arrival hence the resort to attack on the personality of the Chairman of the Committee. This too will definitely fail as the Governor has high confidence the ability of Comrade Waiya to deliver on

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assignments given to him with optimum result. This is even more instructive going by the excellent performance of Comrade Waiya since he assumed duty as the state Commissioner for Information. Clearly, credible and genuine CSOs and NGOs don’t have any problem with both the profiling and the composition of the Committee let alone its Chairman. This is because as the saying goes ‘only the guilty are afraid’. Now we know, those that are likely to be exposed by the committee are the ones spearheading the move to cause confusion and distract the government from undertaking this all important assignment.
In the argument of the author of the sponsored attacks on the personality of Comrade Waiya, he argued that Comrade Waiya was a wrong choice for the job. I beg to disagree, this clearly shows the

naivety of the writer who failed to understand that for Waiya to be so appointed as a Commissioner, he has indeed underwent serious security due diligence and recieved all the necessary clearance less more of an adhoc committee work either as Chairman or a member. For the benefit of the author of the ill fated opinion article, committee Chairmanship of any sort doesn’t bestow absolute power on the Chairman. In the instant case, it is even an insult for the committee and the government that formed it to insinuate that the Chairman will use the platform to settle scores and advance his personal vindictive agenda. I urge Isma’il Auwal to apologise to the committee. This is because looking at the composition of the committee, the Chairman, Waiya is too small to outsmart them. Please Isma’il, I urge you to be

humble and apologise to the committee for portraying them to be a willing tool in the hands of Conrade Waiya. This is disgusting, reprehensible and irrational of you.
On citing some government appointees such Sanusi Bature, Iro Ma’aji and Muhiyi Magaji by Isma’il Auwal in his write-up, this is tantamount to igniting an in-house unhealthy rivalry that will do ko one any good thereby distracting the government. In this regard, I expect the aforementioned appointees to caution the witer, demand a retraction and dissociate themselves with the write-up. That is the only way to ensure cohesion and unity of purpose in serving the good hood people of Kano State under the government of Governor Abba Kabir Yusuf. Anything to the contrary will send a wrong signal.
As for the genuine, law abiding and

patriotic CSOs and NGOs, it is expected that you will rise to the occasion and support the High-Powered Committee on Profiling to undertake its assignment diligently with a view to sanitising your operations for common good of all.

Dan Sa’idu writes from Hotoro Quarters, Kano

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