Opinion

How to Stop Judicial Coups Against Democracy in Nigeria

Published

5 months 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

As Prominent Nigerians Pour Encomiums on the Late Sidi Ali-Dembo

Published

6 hours ago

April 28, 2024

Nigerian Tracker

Late Sidi Ali

By AbdurRaheem Sa’ad Dembo

I was not in my regular station in Minna as I took a brief trip to Abuja for an all important matter. In the night of Thursday, 25th April, 2024, I was reading in the news that Alhaji Sidi Ali had passed on. Innalillahi waiina ilaihi rajiun

He was the father of the current Spokesperson of Central Bank of Nigeria CBN, Hakama Sidi Ali (Mrs). According to the news, he was among second Republic Parliamentarians.

Many mourners have trooped to his residence at the NNDC Quarters,Hotoro GRA, Tarauni local government area of Kano State for condolences. He was buried on Friday 26th April, 2024.

Kano State Governor, Abba Kabir Yusuf in a condolence message signed by his spokesperson, Sanusi Bature Dawakin Tofa described late Ali as a trusted public servant who made sacrifices to ensuring that Nigeria remains a united and indivisible country. The Governor acknowledged the positive contributions of the deceased as a Senator in the Second Republic in shaping the Parliament and the overall development of democracy in the country. He extended condolences to his families and prayed for those he left behind to have the courage to bear the loss.

Former President Muhammadu Buhari has mourned the late author describing him as a creative writer. Part of his condolences reads: “I am pained by the demise of the noted journalist, author, and politician, Sidi H. Ali, who won my heart and that of many through his critical writings and the two books he wrote about me.” The former President equally expressed his condolences to his family and admirers.

Deputy President of the Senate, Senator Barau Jibrin has extolled the virtues of the deceased, saying he contributed immensely to the development of the country in both political and media spheres.

Commission of inquiry to hold inaugural sitting Monday

According to a statement from his Adviser on Media and Publicity, Ismail Mudashir the deputy Senate President describes Ali thus: ” The death of our late elder statesman,Alhaji Sidi Ali,is not a loss to his immediate family alone, but a monumental loss to the country as a whole.He served our country meritoriously in different capacities and displayed his wealth of talent for the unity and growth of the nation.”

Barau was at their Hotoro GRA residence in Kano to commiserate with his family and urged them to remain united, and emulate the good virtues of their late father.

The Minister of Information and National Orientation, Mohammed Idris in a statement described late Sidi Ali as a respected veteran journalist, prolific writer, and a politician whose contributions to the field of journalism, literature, and politics have left an indelible mark. He added that Alhaji Sidi Ali, throughout his career, exemplified high standards of professionalism and integrity and provided invaluable insights with historical references into the pressing issues of time.

The minister said that as the nation mourns the loss of Alhaji Sidi Ali, his wisdom, compassion, and dedication to his craft would continue to inspire generations to come.

In the words of Senator Shehu Sani, the mournful message reads:
“I received the sad news of the demise of a renowned Elder statesman, author, journalist, politician and historian, Alhaji SIDI ALI. Apart from Tafawa Balewa and Sardauna of Sokoto, no other Northerner was closely known by historic figures and World leaders in the 60s and 70s like the late SIDI. The late Elderstateman was personally known by President JF Kennedy, Martin Luther King, Jr. Malcom X, Muhammad Ali, Kwame Nkrumah and many others.
The late Sidi Ali was a human library and a prolific writer. He was one man who could recall every event that happened in Nigeria’s history from independence till date. A great loss. My condolences to his family and the good people of Kano State.
May Allah grant him Aljanna firdausi, Amin.”

In the same vein, Lauretta Onochie, the Former Personal Assistant to Former President Muhammadu Buhari on Social Media, on her Facebook post also mourned honourable Sidi Ali. According to her, he was a great journalist, a great writer and a father to her.

One of his daughters said “Baba was a people’s person , he loved people generally across all strata. A humanitarian to the core.
A true Nigerian.
We grew up wearing clothes from MKO Abiola, Oloye Olusola Saraki, and many others”

According to a family source”The late Senator Joseph Tarka family and the people of Benue state were at the deceased residence on a condolence call. The Sidi Ali family and the Tarka Family have a long standing decades of close relationship. Senator Joseph Tarka is the father of the SGF”.

The former Registrar/Chief Executive National Examinations Council NECO, and the current Vice Chancellor, Khalifah Isyaku Rabiu University,Kano Professor Abdulrashid Garba also paid a condolence visit to the family.

Professor Hannatu Sabo, the Jigawa State Commissioner for finance, budget and planing also visited personally to sympathize with the family. Alhaji Sule Lamido, the former Jigawa State Governor,
Former Minister of State for works and Housing, Hon Umar Ibrahim El-Yakub , Senator Gumel,
A member of Federal House Representatives, Alhassan Ado Doguwa and others in the National Assembly from Kano State,Former Senator Aminu Inuwa, Professor Dandago,Kano Commercials ,traders and Academic communities were also fully represented during the condolence visit.

The elder statesman spent years serving the Nigerian International Press Centre, Ministry of Information and National Broadcasting Commission, among other critical institutions.

He travelled wide and his vast experience influenced his affection for journalism and communication. Ali authored 19 books, one of which is “Corruption in High Society”

According to Daily Trust Newspaper (27th April, 2023) “Ali was born in Kano but travelled to Ghana, where he met the country’s political leader, Kwame Nkrumah, who arranged for him to travel to London, and later, the United States to further his education”

In his 2018 birthday message, Former President Muhammadu Buhari established that Ali spent most of his life serving the country as a public affairs officer, “most remarkably for ensuring accurate and balanced information on government activities during and after the civil war.” (PR Nigeria news)

Personally, based on what I have read about late Sidi Ali, one can conclude that he was a fearless and pragmatic writer. It was reported that he was arrested by the regime of General Yakubu Gowon for writing an article against the Federal Government. A good writer is always sensitive and can’t look away when things are not properly done. To me, a coward can’t be a writer. The responsibility of an average writer is to use his pen to draw the attention of leaders to social anomalies in the society with a view to correcting them.

Honourable Sidi Ali was an APC Stalwart and a member of party’s Elders Committee in Kano State. He died at the age of 86 and was survived by children and grandchildren. May Allah forgive his shortcomings and grant him aljannah firdaus.Ameen

abdurraheemsaaddembo@gmail.com

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Opinion

Why They Are Afraid Of Ganduje

Published

6 days ago

April 23, 2024

Nigerian Tracker

By Abubakar Umar

While preparing to pen this write up I just scrolled the news and read that the Kano High court that ordered the suspension of the APC National chairman Dr Abdullahi Umar Ganduje have vacated the order pending the determination of the suit on 30th April.

From the look of things and with his glowing political clout since he joined politics in the second Republic Dr. Abdullahi Umar Ganduje the former Governor of Kano state is giving sleepless nights to many politicians particularly from his home state of Kano where the melting pot of Nigerian politics emanated from.

No vex his emergence as the National chairman of Nigerias ruling party has brought down the evil machinations of some politicians who sees Dr Abdullahi Umar Ganduje as a stumbling block to their political ambition at the national stage .

The administrator cum politician as many people will attest to knew very well that interms of experience and political calculations he has no match especially from the North West political zone where the National chairman hails from .

They know very well that the national working committee of the party and President Asiwaju Bola Ahmad Tinubu have done the right calculation by placing an elder politician and a two term Governor of the most difficult state to Govern in the whole Nigeria as the chairman of the Nigerian ruling party.

They knew very well that his stature has made him one of the most visible and hardworking APC National chairman since its formation in the year 2013.

The conscripted script being played by agents of destabilzation in order to make the ruling party irrelevant can only be done if they try to use some political zealots with the aim of making the National Chairman look like someone who can not sail through their evil conspiracy .

It was understood that the only way the NNPP Governent in Kano will change it’s political nest is to cut down the tree that is supposed to give it a shade but instead of humbling themselves and submit themselves to the party’s National Secretariat in which Dr. Ganduje is the leader they starte beating about the bush like a child’s play.

Dr.Ganduje had since humbled them politically and by visiting the state on January 25 ,2024 to invite them to the ruling party without vengeance .

He extended the hand of friendship that politics is is the ability to make sacrifices and compromise .

It was that compromise and sacrifice that made some of his political foes make accomplishments they never dream to achieve but still they are not grateful with the his sacrifice and patience .

Today the courts have vindicated by Dr.Abdullahi Umar and the APC national stalwarts across the country who are comfortable with the leadership style of Dr.Abdullahi Umar Ganduje.

Opinion

Celebrating Emir Sulu -Gambari at 84

Published

6 days ago

April 22, 2024

Nigerian Tracker

Alhaji Ibrahim Sulu Gambari ,Emir Of Ilorin

By AbdurRaheem Sa’ad Dembo

Today the highly revered Emir of Ilorin, Alhaji (Dr) Ibrahim Sulu -Gambari CFR marks 84 years birthday.The former Jurist ascended the throne of his forefathers on Monday and he was also born on Monday. What a coincidence!

Being alive up to the age of 84 is a rare opportunity for anyone who really appreciate the homongous favour of the Almighty.The Chancellor of Bayero University Kano is an example of an Emir with a digital disposition and inclination.He believes so much in the progress of individuals and the entire Ilorin Emirate.

Dwelling so much about his career as a retired Justice of Court of Appeal may not be necessary as many are aware of it.The Emir stands out as a man who had made Ilorin as a City to move away from the old ways of doing things even in terms of education. He has encouraged scholarship in all ramifications. Be it in Islamic perspective and western education. Emir Sulu Gambari is the first University graduate to have ascended the throne in more two centuries of Ilorin Emirate history .

Before his ascension to the throne of his progenitors, Ilorin had a handful of professors but today they’re as many as possible.He has achieved a lot but you know traditionally such may not be made public.

Mai Martaba has provided purposeful and impactful leadership, this can be captured in the words of Abubakar Imam, the National Secretary of Ilorin Emirate Descendants Progressive Union IEDPU thus:

“The Emir has always taken care of the welfare and wellbeing of the ordinary people of his Emirate in words and actions. For instance, he initiated a Fund through which money was raised to address the immediate needs of the downtrodden people and residents of the community. The Fund was chaired by the Danmansani of Ilorin, Engr Sulaiman Ayinde Yahaya Alapansanpa, FNSE, while the immediate past National President of IEDPU, Alhaji Aliyu Otta Uthman, fsi, was the Alternate Chairman. Over 15,000 individuals from all the nooks and crannies of Ilorin Emirate benefited from the Fund during the course of the perilous COVID-19 epidemic, which rocked the humanity about five years ago. It will also be recalled that the Emir purchased 400 bundles of corrugated iron sheet, which was distributed to the less privileged members of the community who were affected by a devastating rainstorm in 2021. The then IEDPU President was given the task of getting the item delivered at the footsteps of the victims of the natural disaster”

Before the coming of Emir of Ilorin, University of Ilorin was not a place an Ilorin indigene can gain admission into easily.In fact, only few had opportunity to school there at that time.But Emir Sulu -Gambari and other stakeholders ensured that an indigenous Vice Chancellor was giving opportunity to lead the Ivory tower for the first time,in person of Professor Shuaib Oba Abdulraheem, the Talba of Ilorin Emirate .May Allah continue to grant Professor good health and plenty baraka. Professor Oba cannot even mention all those he has assisted, because the numbers are huge.

Today, there is fairness in the issue of admission into university of Ilorin.The standard was established by the administration of Professor Shuaib Oba Abdulraheem and has been sustained by his successors.

Eminent sons and daughters of Ilorin Emirate are already sending their warmest messages to the Emir.

Kwara State Governor AbdulRahman AbdulRazaq has rejoiced with the Emir of Ilorin and Chairman of Kwara state traditional rulers Council

The Emir, according to the Governor, “has remained a father to all while also deploying his rich experiences and networks to support not just the people of the Ilorin Emirate but also the people of the state as a whole.

The Governor prays to Allaah to give His Royal Highness good health and long life, and continue to uphold him upon goodness in his service to the people of the Emirate”

The Turaki of Ilorin Emirate and Senator representing Kwara Central senatorial district, Senator Saliu Mustapha has also congratulated the His Royal Highness, Alhaji (Dr) Ibrahim Sulu-Gambari CFR, on the occasion of his 84th birthday anniversary

Senator Mustapha described the revered Emir who is a retired eminent jurist as “an ambassador of peace with an admirable style of leadership”

He affirmed that since the respected monarch’s ascension to the throne of his forefathers in 1995 as the 11th Emir of Ilorin, he has brought a lot of development and glamour to the entire State.

While extolling the emir’s humility and modernized vision for his domain and the country at large, Senator Mustapha prays God Almighty to grant the royal father more years of worthy service to his people and humanity in good health.

Furthermore,Honourable Mukhtar Tolani Shagaya representing Ilorin West/Asa Federal Constituency also greeted the Emir “His Royal Highness has exemplified wisdom, compassion, and integrity throughout his reign, serving as a beacon of hope for the people of Ilorin and beyond. His visionary leadership has brought about tremendous growth and development, with a keen focus on fostering unity and inclusivity amongst his subjects. His unwavering dedication to our collective well-being is a testament to his selflessness and genuine concern for his people”

Under his guidance, Ilorin has witnessed a remarkable transformation, with strides made in education, healthcare, infrastructure, and socio-economic development. His Royal Highness’s commitment to fostering a harmonious and prosperous society has played a pivotal role in shaping the Ilorin of today – a thriving community that takes pride in its rich cultural heritage while embracing the promise of a brighter future”

Similarly, A former Member of the House of Representatives, Hon. Abdulwahab Oladimeji Issa has felicitated the Emir of Ilorin.He extolled the Emir thus,”his uncommon leadership qualities” and prayed that God grants him many more years of service to the people of Ilorin emirate and Nigeria.

“As you mark your 84th birthday anniversary which comes up today Monday, April 22nd, 2024, I write, on behalf of my family to extend warm felicitations to Your Highness.

“Only recently, you marked twenty-eight years of unquantified success on the throne as the Emir of Ilorin. Your uncommon leadership qualities and evident faith in the peace, unity, progress, and prosperity of the Ilorin emirate and beyond, have combined to make you one of the most highly respected monarchs in Nigeria today.

“As you continue to use your exalted throne to build bridges of friendship and harmony across Kwara state and the nation, it is my prayer that Almighty Allah grants you many more years of abounding health, prosperity, and enduring fulfillment,” he added.

Hajiya Arinola Lawal also felicitates Emir of Ilorin on 84th birthday anniversary,
“I extend my warmest wishes and heartfelt prayers to His Royal Highness, Alhaji Ibrahim Sulu-Gambari, the Emir of Ilorin, on the occasion of his birthday

I beseech Allah to grant His Royal Highness a long and prosperous reign on the throne of his fathers, filled with peace, stability, and blessings for the Ilorin Emirate”

Meanwhile, LT Col Ramat Suleiman also joined the league of prominent Ilorin Emirate sons and daughters to celebrate the Emir Sulu -Gambari at 84.She described the Emir as a father to all and a lover of peace.The first Ilorin Emirate woman to have attained the rank of LT Col in the military extolled the Emir as a leader with great vision and prayed to Allah to grant him good health and more years ahead on the throne of his forefathers.

Professor Shuaib Oba Abdulraheem,Senator Ibrahim Yahaya Oloriegbe, Honourable Moshood Mustapha,Former Senate President, Abubakar Bukola Saraki, Hajiya Tundun Alanamu, Barrister Oba Magaji and others have also greeted the Emir at 84.

By way of conclusion,without mincing words Ilorin Emirate has witnessed tremendous transformation under the leadership of Emir Sulu -Gambari in all facets of the Emirate since his ascension in 1995.I wish the Emir a prosperous, healthy and pious 84th birthday anniversary and more years ahead Insha Allah.

Sheeeehuuuu.Walahu ya’simuka minna nas

abdurraheemsaaddembo@gmail.com