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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.

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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

Of The Dead, Say Nothing But Good-Bala Ibrahim

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By Bala Ibrahim.

The caption above is not mine, it’s borrowed from an ancient Latin proverb that says, “De mortuis nil nisi bonum.” The literal meaning of the proverb is that-it’s inappropriate, disrespectful or even rude, to speak ill of the dead because, they can’t defend themselves. In Islam, there is a hadith that goes thus: “Do not curse the dead, for they have reached the result of what they have done. There is also a Christian principle with similar ambition, like Proverbs 24:17-18 (don’t rejoice in enemy’s fall) and Ephesians 4:32 (be kind, forgiving). All of them are reflecting on the importance of saying nothing but good about the dead. The two religions are encouraging us to focus on God’s grace and the good qualities of the dead, by letting go of bitterness and leaving judgment to God, because, it’s unfair to speak ill of those who can’t defend themselves.

Yesterday, Monday, a book was unveiled at the Presidential Villa Abuja, titled “From Soldier to Statesman”. It is a biography of the late former president, Muhammadu Buhari, authored by Charles Omole. Reacting to the book, President Tinubu said late President Muhammadu Buhari was a leader defined by integrity, discipline and a lifelong commitment to public service, whose legacy should guide future leaders rather than be reduced to slogans. He said the book offers Nigerians the opportunity to learn from Mr Buhari and affirmed that the greatest honour to be bestowed on the late President is to sustain his legacy, to which his administration would do. These are comments that come in tandem with the ambition of saying nothing but good about the dead.

On his side also, Mr. Yusuf Magaji Bichi, the former Director General of the Department of State Services, DSS, who served under Buhari as well as briefly under President Tinubu, he eulogized Buhari very well, describing those accusing him of rigging elections as ignorants. He stated that the late former President Muhammadu Buhari lacked any tendency to rig elections. He was too correct to engage in such wrong doings. Those are comments that came in tandem with the ambition of saying nothing but good about the dead.

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Even in the journalism profession, we are tutored to distant ourselves from doing stories that carry the badge of bias. The imperative of balancing stories in journalism is the cornerstone of ethical practice. The aim is for journalists to be seen as fair, impartial, and accurate in the presentation of events. That way, an informed public debate would be fostered always. Without hearing the other side, if published, the story is classified, or even crucified, as unbalanced and unfair. That is the imperative of balancing in order to champion the truth and accuracy. If you submit a story that carries one side only, without the other side, you have failed in upholding the truth and accuracy, thereby denting the cradle of credibility and public trust. The credibility of the story becomes more questioned, when the other side belongs to the dead. That is a professional position in tandem with the ambition of saying nothing bad about the living, talk less of the dead.

But, in something “surprising” (and I put the word surprising in inverted comma because, it hits me as an unethical act), the widow of late President Muhammadu Buhari, Hajiya Aisha Buhari, commented in contrast to the missions of both Islam and Christianity, as well as the positions of many professions and ethical values. In her comments about the dead, on whom the book was written, Aisha is quoted all over the media, as saying somewhere in the book, that her late husband, former President Muhammadu Buhari, became distrustful of her at the tail end of their stay in the villa. According to her, Buhari bought into gossips and fearmongering, to the extent that he began locking up his room when going out, because he was told she was planning to kill him. “My husband believed them for a week or so. Buhari began locking his room, altered his daily habits, and most critically, meals were delayed or missed, the supplements were stopped. For a year, he did not have lunch. They mismanaged his meals.”

Whoever the “they” may be, these are not the kind of comments to expect from a widow, whose late husband is in the grave. They are comments that run contrary to the ambition of saying nothing but good about the dead, and in conflict with the principle of balancing, in the narration of a story. She gave her own side, which she wants the world to believe, knowing fully that we can not get the other side. That’s unethical. Everyone said something good about late Buhari, which requires no balancing. But the submission of Aisha is a balderdash, that is not balanced.

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Opinion

Dr Bello Matwallle: Why Dialogue Still Matters in the Fight Against Insecurity

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By Musa Iliyasu Kwankwaso

In the history of leadership, force may be loud, but wisdom delivers results. This is why security experts agree that while military action can suppress violence temporarily, dialogue is what permanently closes the door to conflict. It is a lesson the world has learned through blood, loss, and painful experience.

When Dr. Bello Matawalle, as Governor of Zamfara State, chose dialogue and reconciliation, it was not a sign of weakness. It was a different kind of courage one that placed the lives of ordinary citizens above political applause. A wise leader measures success not by bullets fired, but by lives saved.

Across conflict zones, history has consistently shown that force alone does not end insecurity. Guns may damage bodies, but they do not eliminate the roots of violence. This understanding forms the basis of what experts call the non-kinetic approach conflict resolution through dialogue, reconciliation, justice, and social reform.

When Matawalle assumed office, Zamfara was deeply troubled. Roads were closed, markets shut down, farmers and herders operated in fear, and citizens lived under constant threat. Faced with this reality, only two options existed: rely solely on military force or combine security operations with dialogue. Matawalle chose the path widely accepted across the world security reinforced by dialogue not out of sympathy for criminals, but to protect innocent lives.

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This approach was not unique to Zamfara. In Katsina State, Governor Aminu Bello Masari led peace engagements with armed groups. In Maiduguri granted amnesty to repentant offenders of Boko Haram, In Sokoto, dialogue was also pursued to reduce bloodshed. These precedents raise a simple question: if dialogue is acceptable elsewhere, why is Matawalle singled out?

At the federal level, the same logic applies. Through Operation Safe Corridor, the Federal Government received Boko Haram members who surrendered, offered rehabilitation and reintegration, and continued military action against those who refused to lay down arms. This balance
rehabilitation for those who repent and force against those who persist is the core of the non-kinetic approach.

Security experts globally affirm that military force contributes only 20 to 30 percent of sustainable solutions to insurgency. The remaining 70 to 80 percent lies in dialogue, justice, economic reform, and addressing poverty and unemployment. Even the United Nations states clearly: “You cannot kill your way out of an insurgency.”

During Matawalle’s tenure, several roads reopened, cattle markets revived, and daily life began to normalize. If insecurity later resurfaced, the question is not whether dialogue was wrong, but whether broader coordination failed.

Today, critics attempt to recast past security strategies as crimes. Yet history is not blind, and truth does not disappear. Matawalle’s actions were rooted in expert advice, national precedent, and global best practice.

The position of Sheikh Ahmad Gumi, who publicly affirmed that Matawalle’s approach was appropriate and that military force accounts for only about 25 percent of counterinsurgency success, further reinforces this reality. Such views cannot be purchased or manufactured; they reflect established security thinking.

In the end, dialogue is not a betrayal of justice it is often its foundation. And no amount of political noise can overturn decisions grounded in evidence, experience, and the priority of human life.

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Opinion

Matawalle: The Northern Anchor of Loyalty in Tinubu’s Administration

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By Adebayor Adetunji, PhD

In the broad and competitive terrain of Nigerian politics, loyalty is often spoken of, yet rarely sustained with consistency, courage and visible action. But within the administration of President Bola Ahmed Tinubu, one Northern appointee has demonstrated this quality not as a slogan, but as a lifestyle, as a political principle and as a national duty — Hon. (Dr.) Bello Muhammad Matawalle, Minister of State for Defence.

Since his appointment, Matawalle has stood out as one of the most loyal, outspoken and dependable pillars of support for the Tinubu administration in the North. He has never hesitated, not for a moment, to stand firmly behind the President. At every turn of controversy, in moments of public misunderstanding, and at times when political alliances waver, Matawalle has continued to speak boldly in defence of the government he serves. For him, loyalty is not an occasional gesture — it is a commitment evidenced through voice, alignment, and sacrifice.

Observers within and outside the ruling party recall numerous occasions where the former Zamfara State Governor took the front line in defending the government’s policies, actions and direction, even when others chose neutrality or silence. His interventions, always direct and clear, reflect not just loyalty to a leader, but faith in the future the President is building, a future anchored on economic reform, security revival, institutional strengthening and renewed national unity.

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But Matawalle’s value to the administration does not stop at loyalty. In performance, visibility and active delivery of duty, he stands among the most engaged ministers currently serving in the federal cabinet. His portfolio, centred on defence and security, one of the most sensitive sectors in the country, demands expertise, availability and unbroken presence. Matawalle has not only embraced this responsibility, he has carried it with remarkable energy.

From high-level security meetings within Nigeria to strategic engagements across foreign capitals, Matawalle has represented the nation with clarity and confidence. His participation in defence summits, international cooperation talks, and regional security collaborations has positioned Nigeria as a voice of influence in global security discourse once again. At home, his involvement in military policy evaluation, counter-terrorism discussions and national defence restructuring reflects a minister who understands the urgency of Nigeria’s security needs, and shows up to work daily to address them.

Away from partisan battles, Matawalle has proven to be a bridge — between North and South, civilian leadership and military institutions, Nigeria and the wider world. His presence in government offers a mix of loyalty, performance and deep grounding in national interest, the type of partnership every President needs in turbulent times.

This is why calls, campaigns and whisperings aimed at undermining or isolating him must be resisted. Nigeria cannot afford to discourage its best-performing public servants, nor tighten the atmosphere for those who stand firmly for unity and national progress. The nation must learn to applaud where there is performance, support where there is loyalty, and encourage where there is commitment.

Hon. Bello Matawalle deserves commendation, not suspicion. Support — not sabotage. Encouragement, not exclusion from political strategy or power alignment due to narrow interests.

History does not forget those who stood when it mattered. Matawalle stands today for President Tinubu, for security, for loyalty, for national service. And in that place, he has earned a space not only in the present political equation, but in the future judgment of posterity.

Nigeria needs more leaders like him. And Nigeria must say so openly.

Adebayor Adetunji, PhD
A communication strategist and public commentator
Write from Akure, Ondo State, Nigeria

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