Opinion

How to Stop Judicial Coups Against Democracy in Nigeria

Published

1 year 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

Maryam Abacha:A Mixture Of A Mother And A Motherlode

Published

1 day ago

April 23, 2025

Nigerian Tracker

By Bala Ibrahim.

As the world commiserates the demise of Pope Francis, the leader of the Roman Catholic Church, who died at 88, the need has arisen, for us to revisit our conscience, by touching on the kindness of God. Nature is kind, very kind indeed, and it has demonstrated this benevolence in many ways, including the creation of queens with quick quirk and quintessential qualities. Also, in God’s limitless love for humanity, he built in some people, a combination of certain qualities, that cover colour, character and features or form, that give a pleasing sense of aesthetic sight. You may call it beauty. A beauty that resonates on the surface, to the applaud and appreciation of all, including those that may not necessarily believe in God. On the inside also, he gives some the comport of compassion, concern or care for others, in ways that conform with the commendable code of conduct. You may also call it spiritual beauty, which essentially means the internal radiance and character that transcends physical appearance. Internal beauty reflects the connection or association with virtue, inner goodness, and divine dedication. Such merger or mixture of beauty, (the outer and the inner), are rare and immeasurable for us as mortals. It touches on the individual’s sense of feelings and emotions, as well as his or her propensity to get or give joy and kindness. People that are fortunate with such endowment, always take delight whenever possible, to alleviate the suffering of others. And I make bold to say that nature has been particularly kind to Hajiya Maryam Abacha, by making her our mother and a motherlode, with internal and external beauty that radiate repeatedly.

According to Helen of Troy, the renowned most beautiful woman in Greek mythology, the only lasting beauty is the beauty of the heart. This is so because beauty, particularly the inner beauty, encapsulates the idea that kindness, compassion, and integrity, are far more enduring and valuable than outward appearance. These qualities, which mother Maryam has in abundance, highlight the power of inner strength and beauty as a source of lasting attractiveness and the influence to better the lives of others. Yes, outer beauty attracts, but inner beauty captivates. Outer beauty pleases the eye, but inner beauty captivates the heart. Mother Maryam’s inner beauty has been the driver for her ardent desire to render self-less service to humanity. She is always in a hurry to help.

Mother Maryam’s history cannot be written without reference to the role she played in the development of the Jam’iyyar Matan Arewa (a Northern Women NGO) which resulted, among other projects, in the building of an Orphanage/Nursery School in Kaduna in 1973. Equally, Maryam Abacha, along with the wives of other senior military officers, helped in the re-activation of the moribund Army Officers’ Wives Association (NAOWA) and emerged as its 12th National President from 1985-1990. As First Lady, when her husband, late Gen. Sani Abacha was Head of state, Her Excellency, Mrs. Maryam Abacha, initiated the Family Support Programme (FSP), which focused on the family as a nucleus of social growth and development. The program focused on Health, Education, Agriculture, Income Generation, Disability, and Destitution among others. With that, she gave priority to public enlightenment and stimulated Government’s interest in the various FSP Action Areas, through the sponsorships of seminars and workshops on health; HIV/AIDS; Domestic violence; Disability; Destitution and Street Begging; Culture and Tradition as they relate to the sustenance of interest in traditional music.

Pursuant to the successes recorded in these endeavours, First Lady Maryam, persuaded the Federal Government to establish the Federal Ministry of Women Affairs and Social Development in January 1995. The Federal Ministry is the focal point for articulating development issues that affect women and children in Nigeria. It is in this context that she led the Nigerian delegation to the 5th African Regional Conference on Women, held in Dakar in 1994, and to the 4th World Conference on Women, held in Beijing, China in 1995. At the Beijing Conference, mother Maryam Abacha, was appointed as one of the conference Vice Presidents by the UN. Also, because of her appeal for global peace, in her address at the conference, she was appointed as the leader of the Africa First Ladies Peace Mission Committee by the African First Ladies Committee on Peace. As part of her renewed efforts to improve the quality of life for Nigerian Families, and in consonance with Nigeria’s Vision 2020 program of development, mother Maryam launched the socio-economic aspects of the FSP called, Family Economic Advancement Programme (FEAP) on 3rd March 1997. The program was designed to empower all families who constitute the local producers of goods, services, and potential entrepreneurs in the area of establishment of cottage industries.

9Maryam Abacha founded the National Hospital Abuja (originally known as the National Hospital For Women And Children) and established the African First Ladies Peace Mission. In recognition of her consistent and dedicated humanitarian services, Maryam Abacha received numerous merit awards from numerous organizations, locally and internationally.

Mother Maryam resides in Kano, Kano state, Nigeria. Apart from being the foster mother of the nation, she is the biological mother of three daughters and seven sons.

Opinion

Why Governor Abba Yusuf deserves more recognitions for leadership resilience

Published

2 days ago

April 22, 2025

Nigerian Tracker

National Forum of Kano Indigene Lawyers has canvassed for additional profound decorations of Governor Abba Kabir Yusuf, in recognition of his leadership style that resonate resilience and dedication to quality governance.

Satisfied with the unwavering commitment and doggedness of the state government, towards transformative administration, the group affirmed that Governor Yusuf stands out in the crowd.

The forum rejoiced over recent flurry of encomiums on Governor Yusuf over series of awards from reputable corporate organizations, who accorded him the honors for his meaningfully impact on the socio-economic well being of Kano citizens.

However, the group, in a statement by it’s national coordinator posited that Governor Yusuf deserves more recognition for demonstrating exceptional disposition during the tense situations that played out around Sallah festivities in Kano.

The group said when the plot to take advantage of recent Sallah Durbar tussle to unleash provocation, and subsequently declare state of emergency, Governor Yusuf was never saturated with overwhelming endurance and resilience, which eventually triumphed over the evil plot.

He said for that alone, Governor Yusuf deserves another gold medal for exhibiting high level of wisdom and emotional resilience, which enabled him to overcome the tribulation.

“It was a week of glamour for Governor Abba Kabir Yusuf whose unwavering dedication to human and social economic development in Kano state were noticed and rewarded by array of meritorious awards.

“From Leadership newspapers, Abuja; Vanguard newspapers, Lagos and African Heritage Concept, Marrakech in Morocco, Governor Yusuf received distinguished accolades and applause for redefining governance in Kano.

“The shinning week began on Tuesday 9th, April, with the prestigious Leadership Governor of the Year 2024 named after Governor Yusuf in recognition of his outstanding contributions to education sector in Kano.

“No doubt, the leadership award was a validation of Governor Yusuf’s bold reforms in education and repositioning of the sector after years of neglect by the immediate past administration.

“Besides, Governor Yusuf was particularly commended by the Leadership newspaper for going extra miles with allocation of 31% of the state’s annual budget to education, surpassing the UNESCO benchmark”.

The statement further reads : “The celebration of the peoples Governor returned to Eko Hotel, Victoria Island, Lagos, where Yusuf earned another encomium as Governor of the year 2024 “Good Governance” category on the stable of Vanguard Newspapers.

“In Lagos, the man of the moment was recognized for his administration’s transformative achievements in the education and healthcare sectors.

” 24 hours later, the out pour of admiration moved to the city of Marrakesh, Morocco, where African Heritage Concept Magazine bestowed Governor Yusuf with another honor where distinguished African leaders and policy influencers were celebrated.

“Yusuf, was recognized on the continental stage with the prestigious African Good Governance Award 2025, in honour of his visionary leadership and commitment to people-centered governance and excellence in leadership, and public service.

” More over, we are of the firm conviction that Governor Yusuf deserves another award of excellence for distinctive emotional intelligence and purposeful leadership he displayed at the heat of Eid-il-Fitr Sallah Festivities in the state.

” When it was evident the plot to take advantage of Sallah Durbar around the prolong emirship, tussle to unleash violent provocation in Kano. It was a well calculated plot to give undue opportunity to declare state of emergency. Yet, Governor Yusuf was never saturated with overwhelming endurance and resilience which eventually overwhelmed the evil plan”.

Usman Imam Tudun Wizirchi Esq
Chairman

Opinion

Inside My Conversation With A Kwankwasiyya Disciple -Hamisu Hadejia

Published

2 days ago

April 22, 2025

Nigerian Tracker

Last week, I rang my friend who is a Kano-based Kwankwasiyya disciple to know more about the rumour I heard about RMK joining APC. Though not in the inner sanctum of the Kwankwasiyya Movement himself, I knew my friend would know something I didn’t.

I rang because I could not, on my own, see any sincere, Talakawa-centric, Arewa-benefitting or pan-Nigerian justification for Madugu to make such a move.

For I know, at the popular level, which is what matter most to me, it is indisputable that all PBAT’s neoliberal, IMF-inspired economic policies have succeeded in are plunging the poor and middle class deeper and deeper into unprecedented hunger and poverty—so Kwankwaso’s justification cannot be framed as pro-poor or Talakwa-centric.

At the regional level, everyone knows that after Arewa contributed at least 60% of the votes that brought him to power, PBAT has turned around to not only bite the fingers that fed him but also actually cut off those fingers in a manner that defies all logic, commonsense, and rationality— so Kwankwaso’s justification can neither be generally framed as Arewa-centric nor particularly pro-Kano.

My contact (who I am sure will read this) minced no word in confirming to me that yes the rumour I had heard wasn’t groundless before going further to educate me about Kwankwaso’s or Kwankwasiyya’s calculations (aka justifications) for such a consideration (if not a decison).

“Hamisu, I have no doubt about the sincerity of your interventions which I’ve been following closely, however, I’ll tell you this: while ordinary folks like you and I have our eyes on 2027, politicians like Kwankwaso and others have their eyes on 2031”, he kicked off as I listened with rapt attention.

“Kwankwaso”, he argues, “sees this moment as the opportunity to build the bridges which he would require to actualise his presidential ambition in 2031.” Put in simpler terms, Kwankwaso wants to help PBAT today in anticipation of PBAT paying him back tomorrow in 2031 “ when it will be the north’s turn” to produce Nigeria’s president.

“By hook or by crook,” he added, “Tinubu will bring himself back to power in 2031”. This, according to him, is the reality that Kwankwaso sees and wants to tailor his moves to fit in.

Unable to challenge my friend’s analysis of the Realpolitik behind RMK’s imminent political moves, I now asked about where the poor and Arewa stand in all of this. Here my friend bursts out laughing hilariously before bringing the example back home to me:

“Hamisu, Aminu Ringim (NNPP’s 2023 guber candidate in Jigawa) with his red cap went up and down towns and villages in Jigawa pulling impressive crowds across the state. But what did we end up with? Just one state House of Assembly member!”.

“The reality is,” he continued, “in today’s Nigeria, a politician needs that elite connection to actualise his ambitions. Look at Buhari as an example.”

So I was thoroughly lectured by Sidi.

My take from the chat is: While RMK is grass-rooted and genuinely cares for the poor as seen in many of his pro-poor initiatives, he seems to have now—for public good or ill—found out that there is a point up to which Takawa’s love and support can take a politician. Beyond this point, what matters most significantly, RMK appears to have now discovered, is intra and inter elite alliances. Call it the eliticization of Kwankwaso. Call it Realpolitik. Call it what you may!

Later I thought about other people such as the current NSA who also allegedly has ambitions for the presidency and is no doubt a close PBAT’s ally. What of Nasir Ahmad El Rufa’i’ and his hitherto cosy relationship with PBAT and how it all ended up in tears and regrets. Isn’t RMK taking the risks of squandering his goodwill to join a bandwagon under which he might be thrown the El-Rufai style?

Hamisu Hadejia Wrote From London