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How to Stop Judicial Coups Against Democracy in Nigeria

Published

1 year 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

Police Invitation to Emir Sanusi, An Affront To Destroying Northern Traditional Institutions

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34 minutes ago

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April 7, 2025

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By Abba Bala Ibrahim

I read with astonishment, the invitation by the Nigeria Police Force to the 16th Emir of Kano, Khalifa Malam Muhammadu Sanusi II.

The official letter dated April 4, 2025, and signed by CP Olajide Rufus Ibitoye, Commissioner of Police (Operations) which was sent to the Emir, stated that the invitation was made under the directive of the Inspector General of Police. It requested the Emir, to report to the Force Intelligence Department headquarters in Abuja on Tuesday, April 8, 2025, by 10:00 a.m for questioning.

Can this type of invitation be formally extended to any Oba of Yorubaland, the Benin Kingdom, the Niger Delta Chief, or Igwe in Igbo land?
From the prism of rational thinking, the President Bola Ahmed Tinubu might find it difficult to do that and your guess is as good as mine.
While it is difficult to logically understand the objective behind this formal invitation of the Nigeria Police Force to Khalifa Malam Muhammad Sanusi ll, the motive behind it might not be farfetched. Just to destroy the revered Traditional Institutions in the North.

Just before the commencement of Eid el Fitr festivities in Kano last week, the State Police Command had issued a statement banning Sallah Durbar celebration. They hinged their decision on security threats which may lead to

breakdown of law and order, should both the incumbent Emir, Khalifa Malam Muhammad Sanusi ll and the deposed Emir, Alhaji Aminu Ado Bayero hold Sallah Durbar the same day, hence, allowing that to happen might be a recipe for chaos and breakdown of peace in the State. Good reason.

For those who know how Sallah is being celebrated in Kano, there was no Durbar held during the just concluded Eid celebrations. What took place then was the normal traditional practice where the Emir in company of the palace guards leave the Palace through Kofar Kwaru enroute the Eid prayer ground at Kofar Mata and traditionally changes route through Kofar Wambai back to his palace. In Islamic tradition, a Muslim is enjoined to follow the teachings of Prophet Muhammad PBUH, that enjoins taking a different route from the one

followed while going to the prayer ground and on returning home.

The Emir’s procession just complied with the Islamic tradition, as his entourage was limited to the palace guards and officials who adheres to the simple practice of the Islamic tradition, contrary to the Durbar that involves district heads and other traditional aristocrats in a colourful outing.

The question, is the Federal Government now using the instrumentality of the Police to come from behind and unleash coercion on the sanctity on Kano Traditional institution and by extension, the Northern Nigeria?

While the Kano state command of the Nigeria Police Force deserve commendation for their swift action in making arrests on the frontal attack on the

Emir, which is an important step toward uncovering the full extent of the individuals and networks behind these destructive activities, one wonders why conflicting statements on the preliminary report and the latest interference of the Police headquarters was extended to the Emir.

Constitutionally, it is within the purview of the Nigeria Police Force to impose ban or cancel any event that can cause possible breach of law and order. But, the nation will be closely watching the import behind the move. To cause chaos and have another Rivers State scenario, or it is an attempt to destroy the sanctity of the revered traditional heritage?

 

As one writer rightly observed, “President Tinubu has swallowed the Devil. He was weaned from the furnace of a heartless street”.
As the destruction of democracy has apparently commenced with his attack on Rivers State, may the destruction of revered traditional heritage never commence with the invitation of the Emir of Kano Khalifa Malam Muhammad Sanusi ll.

Let whoever matters in the North rise up and defend the sanctity of the institution. The Emir is the symbol of the institution and attack on him is just an attack in the institution.

Bala is public affairs analyst, writes from Kano .

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Opinion

Re: Invitation to HRH Sanusi Lamido Sanusi II, PhD

Published

14 hours ago

on

April 6, 2025

By

Barr. Badamasi Suleiman Gandu.

On April 4, 2025, the Inspector General of Police issued a formal invitation to His Royal Highness the Emir of Kano, requesting his attendance for an investigative discussion at Force CID in Abuja, scheduled for April 8, 2025. This write-up will focus on the propriety of honoring the invitation.

The underlying reason for this invitation stems from the Emir holding Sallah Durbar despite a ban on such gatherings. While it is clear that the police do not possess the authority to ban the Durbar, they may impose restrictions for security reasons. However, it is evident that the motivation behind this ban is political, which raises the possibility of challenging the police’s directive. Notably, the police had prior knowledge of the security threats and presumably knew the individuals behind these threats, yet they failed to manage the situation effectively.

On Eid day, attending mosques for the observance of the two Raka’at prayer is a fundamental religious practice. Critics may question the Emir’s use of a horse, given police regulations prohibiting horse riding. However, riding after the Eid prayer is a Sunnah of our noble Prophet Muhammad (Peace Be Upon Him). By virtue of Section 38 of the Nigerian Constitution, the Emir is entitled to practice his religion freely and the police do not have the authority to prevent the Emir from exercising this right.

We were informed by the Kano State Police Command that the entourage of the Emir was attacked, leading to injuries and the tragic death of one of the Emir’s guards. In this instance, the Emir was invited for questioning. One could argue that if the Emir had not held the Durbar, the attack could have been averted. However, it is ultimately the police’s responsibility to prevent such incidents, not to prevent him from exercising his right to practice his religion. Had the police done their job, this tragedy would not have occurred. The police should be held accountable but not the Emir, more particularly he is the victim of the incidence.

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The Emir also paid a visit to his mother and the Governor of Kano State using Cars, without the traditional titleholders, horse riding, or any form of Durbar, as it was merely a visitation. The visit was accompanied by his guards and supporters, and this should also be recognized as a legitimate religious observance and his right to movement and lawful assembly is in accordance with Sections 40 and 41 of the Constitution.

Constitutional rights are sacrosanct and guaranteed; they can only be tempered by the operation of a court of law. The police should have obtained a court order to derogate or restrain the Emir’s constitutional rights, failure of which renders their actions unjustified in the absence of such an order. Therefore, all actions of the Emir are legal.

The misuse of the police as instruments of political retribution is dangerous and damaging to our democracy. For instance, an Assistant Inspector General was demoted for commenting on the state of emergency proclamation in Rivers State. Under these circumstances, it is reasonable to presume that the Emir may not remain undisturbed.

In summary, the Emir has every right to challenge this invitation in court, as he is constitutionally entitled to practice his religion and has the right to free movement. I believe he has every justification to seek legal recourse and get justice.

 

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Opinion

Ganduje Repeats History, Takes Peace to Kano

Published

16 hours ago

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April 6, 2025

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Ganduje making the address

 

By Abba Anwar

When the National Chairman of All Progressives Congress (APC) Dr Abdullahi Umar Ganduje CON, spoke at the Kano Emir’s Palace, to Emir Aminu Ado Bayero, yesterday, during his Sallah visit and condolence over the death of the Galadiman Kano, Alhaji Abbas Sanusi, what readily came to mind was Ganduje’s peaceful posture and his Ambassadorial position of peace and tranquility.

He opened his speech with this “We are here for condolence over the death of Galadiman Kano. This is a great loss not only to Kano or North, but to the entire nation.

We also want use this opportunity to rejoice with you on Sallah occasion. Barka da Sallah. To thank you and commend you for aborting danger especially when crisis was about to erupt when court ordered that status-quo ante be maintained.”

To remind my readers, it was Ganduje, when he was governor, who was instrumental in reconciling between Northern Youth Groups and Igbo communities across the 19 Northern states. When youth issued quit notice to all Igbos across the 19 Northern states.

He convened a grand reconciliation meeting in Kano, with the leadership of those groups and all Igbo leaders across Northern Nigeria. Within two days of genuine discussions and transparent deliberations, Nigeria was saved from falling into disastrous national ethnic crisis. National tragedy was avoided. Kudos to our detribalized and patriotic political leader. Ganduje Dan Kishi Kasa Da Kishin Kano!

No wonder, that and similar patriotic efforts paved many corridors for him to be highly recognized by all sections of the country, as a true leader of substance and indisputable peace maker. Part of such recognition was when he was conferred with the traditional title of Aguna Echemba 1 of Igbo Land (A lion who protects his territory and his people).

At the Emir’s Palace, the National Chairman commended Emir Bayero for being an acknowledged lover of peace. While making reference to the recent cancelation of Sallah Durbar and many other outdoor Sallah celebrations, even before our respected law enforcers, the Nigeria Police, banned all Sallah festivities of horse riding.

He said, “Based on court ruling (of maintaining status-quo ante) the legitimate Emir who supposed to organize and engage in Hawan Sallah, Durbar inclusive, is Alhaji Aminu Ado Bayero, the Emir of Kano.

But because there was commotion – like situation, His Highness, the Emir accepted the advice of our respected religious leaders and other well meaning Kano people, he canceled Hawan Sallah. He didn’t want to see a drop of blood being wasted.”

With these and similar notes, Baba Ganduje, not only encouraging the Emir, to remain steadfast in promoting peaceful coexistence in Kano, but at the same time, he helped the Emir to further recollect the role of traditional institutions in promoting peace and tranquility.

When he was governor, he included, very deeply, with brain exercises and committed commitment, traditional rulers, in what turned out to be dedicated community policing via Peace Summits across the five Emirates in the state and whisking away rivalry between security agencies. Where all the security agencies saw themselves as partners not rivals.

Good and effective security system was one of the ultimate feats achieved during his administration. I urge my readers to make an enquiry about this from all the security agencies in the state.

He requested the then administration of Muhammadu Buhari to turn the popular hide – out of organized crimes like cattle rustling, banditry, armed robbery, among others, Falgore forest, into military training ground. Before he left office, thousands and thousands of military were trained there. The forest was no longer a safe heaven for criminals. I don’t know of now.

It was at that material point in time, cattle rustling became a thing of the past in Kano. Clashes between communities especially within the metropolis, popularly known as Fadan Daba, subsided greatly. With little or no leftover in many areas. What is obtainable now is left for my readers to beam their searchlight.

We were all living witnesses that, Ganduje labored hard to maintain peace and security in Kano during his tenure. It could be a deliberate misunderstanding or mere personal hatred for any one to think that he (Ganduje) would now deconstruct or assist in the deconstruction of the security system he conceived, labored and gave birth to.

My boss carries along with him peace, peace and peace anywhere he goes. When he was Deputy Governor to Senator Rabi’u Musa Kwankwaso for eight years, no trace of open quarrel or clash between him and Kwankwaso throughout Kwankwaso’s two terms in office. Attitudes hardly spotted in Deputies. Damo Sarkin Hakuri with all political calculus coming to our mind.

When he was governor, Kano experienced the sweetness of peace and security all along. Just like no other. He was acknowledged both and outside the country. Community policing reached nadir position. He was an icon and full-fledged Ambassador of Peace and Tranquility. A detribalised political leader.

As a flagship of peace and modern security, at the comfort of his office as a governor, he could see what was happening in Falgore forest on television screen. That technology was linked to offices of some security agencies. He built technology hub/sophisticated control room, for crime detection, at Police headquarters, Bompai. As he equipped and commissioned modern security Centre at Rijiyar Zaki for effective policing purposes.

To protect Kano from outside infiltration by criminals, Ganduje administration established Security Domitories in all the exits of the state capital. That helped much in detecting movements of the underdogs. Apart from technology monitoring system installed in security head offices in the state. Many abducted people from other states were rescued from their abductors in Kano.

So I wonder, when handful few describe him as crisis loving political leader.

As the National Chairman of the ruling APC he brings peace and understanding within the National Working Committee and all other stages of the party leadership. Down to chapters. What more do we need from this gentleman with gentle soul and gentle approach to issues?

Madallah da Baba Ganduje Dan Kishin Kasa Dan Kishin Kano!!!

Anwar was Chief Press Secretary to the former Governor of Kano State and can be reached at fatimanbaba1@gmail.com
Sunday April 6th, 2025

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