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How to Stop Judicial Coups Against Democracy in Nigeria

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3 years ago

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“It’s now so bad that courting the votes of the electorates is no longer an important component of the democratic process since politicians can get from the courts what they lost at the ballot box. That’s a dangerous state for any democracy to be in.”

How to Stop Judicial Coups Against Democracy in Nigeria
By Farooq A. Kperogi
Twitter: @farooqkperogi

The Civil Society Legislative Advocacy Centre (CISLAC), one of Nigeria’s most prominent pro-democracy NGOs, invited me to make a virtual presentation from my base in Atlanta to a national seminar it organized last Thursday on “targeted judicial reforms and enhanced judicial integrity in post-election litigation.” Unfortunately, I couldn’t make it, but here are the thoughts I would have shared on the topic.

It’s oddly ironic that the judiciary, which should be the bulwark of democracy, has become such a dreadful terror to democracy that people are seeking to protect democracy from it. The courts have become the graveyards of electoral mandates. Judges have not only descended to being common purchasable judicial rogues, but they have also become juridical coup plotters.

The major preoccupation of pro-democracy activists is no longer how to keep the military from politics and governance but how to save democracy from the judiciary. In other words, in Nigeria, our problem is no longer fear of military coups but the cold reality of frighteningly escalating judicial coups.

A “judicial coup,” also called a juridical coup d’état, refers to a situation where judicial or legal processes are deployed to subvert the choice of the electorate or to unfairly change the power structure of an existing government.

In other words, a judicial coup occurs when the courts are used to achieve political ends that would not be possible through standard political processes. In a judicial coup, the courts make rulings or interpretations of the law that drastically alter the balance of power, often favoring a particular political group or leader.

This can include invalidating election results, removing elected officials from office, altering the constitution through interpretive tyranny, or other significant legal actions that have profound political implications.

Before 2023, judicial coups happened in trickles and were barely perceptible. The big, bad bugaboo used to be INEC. When the Supreme Court made Chibuike Rotimi Amaechi the governor of Rivers State on October 25, 2007, without winning a single vote, we thought it was merely a curious, one-off democratic anomaly that was nonetheless morally justified because Celestine Omehia—who won the actual votes cast on April 14, 2007, and sworn in as the governor on May 29—was illegally replaced as PDP’s candidate after Amaechi won the party’s primary election.

Our collective toleration of this strange supersession of normal democratic procedures to produce a governor conduced to more aberrations.

On January 14, 2020, the Supreme Court produced its first unofficial “Supreme Court governor” in Hope Uzodimma of Imo State when it used dazzlingly fraudulent judicial abracadabra to subvert the outcome of the governorship election in the state.

The Supreme Court’s judicial helicopter zoomed past PDP’s Emeka Ihedioha who won 273,404 votes to emerge as the winner of the election; flew past Action Alliance’s Uche Nwosu who came second with 190,364 votes; zipped past APGA’s Ifeanyi Ararume who came third with 114,676 votes; and glided gently into the yard of fourth-place finisher Uzodimma of APC with only 96,458 votes.

It then declared that the fourth shall be the first, enthroned Uzodimma as the governor, and dethroned Ihedioha whom Imo voters and INEC had chosen as the legitimate governor.

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I recall being too numb by the scandal of the judgment to even experience any sensation of righteous indignation. Then came the Ahmed Lawan judgment, and I was jolted to my very bones. A man who didn’t run for an election, who admitted he didn’t run for an election, and who gave up trying to steal an election that he himself admitted he didn’t run for, much less win, was declared the “winner” of the election.

Because I closely followed the case and shaped public discourse on it, I was so incensed by the judgment that, in a viral February 6 social media post, I called Supreme Court justices “a rotten gaggle of useless, purchasable judicial bandits,” which prompted an unexampled official response from the Supreme Court, which dripped wet with undiluted bile.

However, many judges, including some conscientious Supreme Court judges, agreed with me. For example, in his farewell speech last month, Justice Musa Dattijo Muhammad re-echoed my sentiments about the Supreme Court and cited former Court of Appeal justice Oludotun Adefope-Okojie who, in her own farewell speech, approvingly quoted my description of Supreme Court justices as “a rotten gaggle of useless, purchasable judicial bandits.”

The judicial banditry I talked about has assumed a different, worrying dimension. It has now become full-on judicial sabotage against the soul of democracy itself. In unprecedented judicial roguery, the Appeal Court has invalidated the election of all 16 PDP lawmakers in the Plateau State House of Assembly and handed unearned victories to APC. It also nullified the victory of PDP’s Governor Caleb Mutfwang and asked that APC’s Nentawe Yilwatda Goshwe, who lost in the actual election, be declared the winner.

The case of the judicial theft of Kano State’s governorship election from NNPP to APC is too well-known to warrant restating. In all these cases, the judiciary invoked matters that were extraneous to the actual vote (called “technicalities”) to decide whom to crown as winners of the elections.

It’s now so bad that courting the votes of the electorates is no longer an important component of the democratic process since politicians can get from the courts what they lost at the ballot box. That’s a dangerous state for any democracy to be in.

The judiciary is becoming an unacceptably treacherous but overpampered monster that is exercising powers that are beyond the bounds of reason. It needs to be stopped through a holistic reworking of the electoral act.

The first thing that needs to be spelled out more clearly and more forcefully in a revised electoral act is that pre-election matters are not litigable after the winner of an election has been announced. All pre-election petitions should be litigated before the conduct of elections. Post-election litigations should be limited to the conduct of the elections. Since this happens once in four years, it should not be too much of a burden for the judiciary.

The second change that needs to be enshrined in a revised electoral act is a provision that divests courts of the powers to declare winners and losers of electoral contests. I am the first to admit that this is problematic because it limits the mechanism for redress available to politicians in cases of INEC-engineered electoral robberies.

But in situations where courts can glibly overrule the will of the electorate by invoking procedural inanities that are extrinsic to elections to declare winners and losers, I would rather deal with INEC alone.

The conduct of elections can be improved in the future to the point that manipulations can be significantly reduced. But I can’t say the same for a rapacious, unjust, and mercenary judiciary such as we have today.

In any case, in all functional democracies, it is voters, not the courts, who elect and remove people from positions of political power. If the courts find sufficient evidence of irregularities in the conduct of elections, they can order a rerun. But they should never be invested with the power to declare winners and losers.

The last suggestion I have for the revision of the electoral act is to constitutionalize the imperative to finalize the adjudication of all election petitions before the inauguration of elected officials into their offices. There are two reasons for this.

First, it is disruptive to put elected officials through the hassles of post-election litigation while they are already officially in office. Governance is often put on hold during the pendency of litigations, and lots of state resources are expended to bribe judges, hire lawyers, and bring witnesses. That’s unfair to Nigerians.

Second, at least at the presidential level, once someone has been declared the president and is inaugurated, they automatically assume enormous symbolic power that is almost impossible to reverse. They also have access to enormous resources that they can deploy to influence the course of justice.

Whatever we do, we must curb the excesses of our out-of-control judiciary before it finally murders what remains of our democracy.

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Opinion

eHealth Bill: How DSP Barau, the Digital Senator, is Driving Nigeria’s Health Tech Future

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4 hours ago

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July 12, 2026

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By Abba Anwar

Only advanced minds and globally exposed political leaders can think of the necessity and relevance of E-Health regulatory framework in the nation’s healthcare system.

The National E-Health Bill, 2026, presented to the Senate plenary session some weeks back, by His Excellency the Deputy Senate President, Barau I Jibrin, CFR, PhD, is a clear testimony that, this Distinguished Senator knows the right button to press when it comes to compliance with the global practice in the healthcare sector.

As the Bill passed second reading three days ago, it has become clearer that our National Assembly houses refined legislators, who behave as and are global citizens. Who understand what is obtained elsewhere across the globe in many sectors, including health.

On his Facebook page DSP disclosed that, “During today’s plenary of the Senate, my Bill, the National E-Health Bill, 2026, scaled second reading in our bid to establish a comprehensive legal and institutional framework for the development, regulation, coordination and integration of electronic health services in the Federal Republic of Nigeria.”

He was supported unanimously by his Distinguished colleagues, during the plenary. After which it has been referred to the Committee on Health (Secondary and Tertiary) for the remaining legislative process. Two weeks was given for the Committee to report back to the plenary.

To tell you that DSP is soundly familiar with the digital terrain in the healthcare sector, with deep interest and unwavering care for all Nigerians, he argued on the floor of the Senate, that, “… the healthcare sector globally is undergoing an unprecedented digital transformation. Across developed and emerging economies, digital technologies have become indispensable tools for improving healthcare delivery, expanding access to medical services, reducing costs and enhancing health outcomes.

Nations are increasingly deploying electronic medical records, telemedicine platforms, artificial intelligence, mobile health applications, electronic prescriptions, wearable health technologies and integrated health information systems to improve efficiency and quality of care.”

The above argument advanced by Senator Jibrin, tells us in broader terms and unhindered breakthrough in the thinking, action, deep philosophy and glaring global comprehension of this noble legislator in pushing for the advancement of our healthcare system. With reference to global experience.

In his added capacity as an astute administrator, a focused Pan-African legislator and a high profile researcher he was able to capture bit-by-bit reasons why digital healthcare system is a prerequisite of modern healthcare administration and management.

The attention of my readers is needed here, where he argued brilliantly that, “Nigeria cannot afford to remain on the margins of this global transformation. Despite significant investments in healthcare infrastructure and reforms over the years, our healthcare delivery system continues to face enormous challenges.

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Medical records remain largely paper-based, resulting in loss of patient information, duplication of diagnostic tests, delayed treatment and avoidable medical errors. Healthcare facilities often operate in isolation, making it difficult to exchange patient information securely across institutions.”

Because of his glued attachment to the grassroot, he was able to remember that, millions of our citizens are residing in rural, underreported, hard-to-reach and underserved communities, which make them to continue facing enormous barriers in accessing specialist medical care due to shortages of healthcare professionals and geographical limitations.

As a scholar with real and genuine academic Doctorate Degree (PhD) he was able to draw a scientific curtain for the need to have regulations governing the operationalization procedures of digital healthcare. Our esteemed Digital Legislator of repute.

That was when he said, “… the COVID-19 pandemic demonstrated beyond doubt that digital health technologies are no longer optional but essential components of resilient healthcare systems. During the pandemic, telemedicine, remote consultations and electronic health information systems became indispensable in maintaining continuity of healthcare services while reducing unnecessary physical contact.”

It is through proper legislation that any system strives, cements its parts, provides goodies, enhances benefits and maintains advantages. Thinking in the same way Senator Jibrin believes that, with the negation of clear legislation there is every likelihood that, what becomes the outputs are “… fragmented implementation, inconsistent standards, inadequate interoperability, weak governance structures and uncertainty regarding legal responsibilities of healthcare providers operating digital platforms.”

During his presentation or rather arguments, he behaved as if he was a medical personnel. When he raised the issue of data confidentiality and management. One of the core behavior of health workers, to safeguard the privacy and health history of patients.

Too tantalizing for a non-medical person, when he argued that, “Distinguished Colleagues, data protection remains one of the cornerstones of this legislation. Health information is among the most sensitive categories of personal information. The Bill therefore establishes robust safeguards to ensure confidentiality, integrity and security of patients’ medical records.”

Thinking from informed position ab initio, to show to all that, DSP Jibrin knew his starting point, he knows where he was heading to and knows the clear message involved in digitalizing healthcare system, with relevant stakeholders, he identified possible collaborators who are critical in the implementation of this all-important Bill.

He said, “… this Bill aligns with the Federal Government’s digital transformation agenda, the National Digital Health Strategic Framework, the National Health Act, Universal Health Coverage objectives, the Nigeria Data Protection Act and our broader commitment to achieving the Sustainable Development Goals, particularly Goal 3 on Good Health and Well-being and Goal 9 on Industry, Innovation and Infrastructure.”

Before the Bill scaled the second reading, DSP urged his colleagues to see wisdom in the Bill and support him for its passage. Understanding the critical need for the Bill, having gone far and wide across the globe he believes that this 21st century digital era should be reflected in our healthcare sector.

In his urge to colleagues he said, “This Bill represents a bold legislative response to the realities of twenty-first-century healthcare. It provides the legal foundation necessary for building a modern, efficient, inclusive and technology-driven healthcare system that will serve present and future generations of Nigerians.
I therefore urge my Distinguished Colleagues to support this very important Bill and allow it to proceed to Second Reading.”

Anwar writes from Kano
Sunday, 12th July, 2026

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Opinion

Alhaji Tijjani Rabiu Spikin: A Neighbour, Philanthropist, and Friend of Children

Published

1 day ago

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July 11, 2026

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BY
MUDASSIR ALIYU YUNUSA (MSNB)
mudassiray@gmail.com

Alhaji Tijjani Rabiu Spikin, popularly known as ‘Tijjani Spikin,’ is one of the most respected elders of the Kofar Nassarawa and Sabuwar Kofa communities. A successful businessman with an outstanding reputation, he is admired not only for his business accomplishments but also for his kindness, humility, and generosity toward those around him, especially children.

He is widely regarded as a man of peace who values harmonious relationships. He believes that good neighbourliness is built on mutual respect, compassion, and the willingness to uphold the rights of others. His home has always been a place where people feel welcome, particularly children, and he has earned the trust and admiration of both the young and the old through his exemplary character.

What distinguishes Alhaji Tijjani most is his genuine love for children. He has always shown special affection to every child living in his neighbourhood, regardless of family background. It has long been his habit to brighten their day by giving them small gifts, including cash, biscuits, sweets, and other treats. To many children, these gestures were not merely gifts but expressions of love and encouragement that made them feel valued and appreciated.

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Those who grew up in the area could bear me witness. I can vividly remember the excitement whenever Alhaji Tijjani came out in the morning or afternoon on his way to his daily routine. Children would eagerly and joyously gather around him, knowing that he would never send them away empty-handed. Because of this remarkable generosity to the children, they affectionately gave him the nickname “Mai Raba Kwandala Kwandala,” meaning “the man who shared coins.” It was a title born out of admiration for his habit of distributing small denominations of the Nigerian naira to every boy or girl he met.

Today, Alhaji Tijjani Rabiu (Spikin) remains a shining example of how kindness, generosity, and good neighbourliness can leave a lasting impact on a community, especially in the minds of the children who have now become youths and stakeholders in society. His legacy is reflected not only in the lives he has touched but also in the fond memories cherished by generations of children who experienced his compassion firsthand.

May Almighty Allah (SWT) continue to bless Alhaji Tijjani Rabiu and his entire family abundantly. May He increase him in wealth, grant him sound health, strengthen him in Iman (faith), protect him from all harm, and reward his kindness with His endless mercy in this world and in the Hereafter. Ameen.

Mudassir can be reached via:
mudassiray@gmail.com

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Opinion

Arewa Media Summit:Big Promises, Little Substance-Tijjani Sarki 

Published

2 days ago

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July 10, 2026

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Tijjani Sarki

I was genuinely amazed that the inaugural Arewa Media Summit ended with a communique. For an event presented as a defining conversation on media, governance and accountability in Northern Nigeria, the silence was difficult to understand. It was only after analysts and observers questioned the omission that a comprehensive communiqué eventually emerged.

I have read the document carefully. It is professionally written, politically appealing and rich in democratic vocabulary. Unfortunately, it is also painfully short on substance.

Beyond the impressive language, there is no implementation framework, no timelines, no measurable targets and no independent mechanism to ensure that its resolutions become reality. That is not how transformational policy conversations are measured. It is how public relations documents are often written.

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Even more disappointing is what the communiqué failed to confront. The media space in Arewa is under siege, not only from misinformation but from increasing political manipulation. Today, media platforms are too often deployed to inflame unnecessary controversies, deepen divisions, promote personality cults, settle political scores and manufacture enemies instead of advancing public enlightenment and good governance. This dangerous trend deserved to be the centrepiece of the summit, yet it received only passing attention.

If the gathering truly sought to reshape the future of media in Northern Nigeria, it should have produced practical strategies to strengthen investigative journalism, protect editorial independence, support indigenous media institutions and insulate the media from political capture.

Arewa does not need another annual media jamboree with polished speeches and elegant communiqués. It needs a platform that speaks truth to power, promotes professional journalism, unites rather than divides our people, and produces measurable reforms. Until then, many will continue to question whether this summit advanced the public interest or merely refined the language of political communication.

Tijjani Sarki
Good Governance Advocate and Public Policy Analyst

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