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

Forte GCC Sets New Standards in Engineering, Construction, and Real Estate-Adnan

Published

18 hours ago

May 14, 2024

Nigerian Tracker

Forte GCC raises the bar in engineering, construction, and real estate with groundbreaking standards, by Adnan Mukhtar

In a move that is set to revolutionize the engineering, construction, and real estate sectors, Forte GCC Innovative Solutions Limited has announced its commitment to innovation, sustainability, and excellence.

Since its inception in 2019, the company has established itself as a trailblazer in the industry, with a team of dedicated professionals and a vision to harness the power of technology to craft a smarter, more efficient world.

The company’s mission and vision is to elevate services through continuous research and innovation and to become a frontrunner in engineering consultancy, construction, and real estate sectors.

Led by Engr. Khalil Sagir Koki, a seasoned engineer and project manager with a proven track record of delivering complex projects, the company’s management team boasts a diverse range of expertise and experience. Engr Khalil has a Masters of Engineering in Civil and Environmental Engineering from the University of Surrey and a Master’s of Science in Engineering Construction Management from the University of East London. Engr. Koki is a member of the Nigerian Society of Engineers, the Institute of Civil Engineers UK, the Institute of Highways Engineers UK, and the Association for Project Management UK, and has attained the APM Project Fundamental Qualification from the Association for Project Management. He also holds a Construction Project Management certification from the Colombian University of New York.

Other members of the management team include Engr. Emmanuel Adetokumbo, a COREN-registered engineer with over a decade of experience in building and infrastructure projects; Muhammad Gazzali Ado, a seasoned finance professional with experience in accounting, taxation, and financial management; and Mrs Misriyya Imam Hassan, a management expert with a degree in Management Information Systems from the University of Sharjah and an MSc from the University of Leicester.

The company’s recent achievements include the successful completion of Laurat Terraces, its inaugural real estate development project in Katampe District, and the commencement of two new estates, Misriyya Terraces and Guildford Terraces, in Katampe District.

With its commitment to safety, ownership, integrity, passion, and teamwork, Forte GCC Innovative Solutions Limited is set to deliver unparalleled results and shape the future of Engineering, Construction, and Real Estate in Nigeria and beyond.

Opinion

Ahmad Abdulkadir Firdaus :A Successful Business Man And Philanthropist

Published

6 days ago

May 8, 2024

Nigerian Tracker

Abdulkadir Ahmad Firadusi

By AbdurRaheem Sa’ad Dembo

The fascinating story of Ilorin born businessman but resident in Kano, Ahmad Abdulkadir Firdaus is the one filled with a rare commitment and tenacious disposition. He is the Chief Executive Officer of Aquarich Integrated Services, Hydro Blue Water and Habidaus Global Concept in Kano. Indeed, no businessman or an entrepreneur would ever tell you it is easy to be in business or self employed but he has been making remarkable progress against all odds.

It interests me to write about him because I have been in the know of how he has positively metamorphosed from being an employee to become an employer of labour in the commercial city of Kano. Firdaus story is not a fairy tale as those who know him can attest to his growth in the Kano business community.

Sincerely, it is through observation of him I got to know practically that you don’t invest in a business if you don’t have time to monitor it, otherwise you would be feeding the greedy and glutton among your workers inadvertently, and before you know it, the business has collapsed. They don’t want to know how you come about the capital for the business but they would be ready to drain the resources to comatose, since no one would be around to have critical monitoring of their activities.

Successful businessmen do have challenges and that of Firdaus is no exception, especially given the current stifling inflation in the country. You must have the courage and sagacity to pull through in business with sincerity and promptness.

There was a time I visited Kano, precisely February, 2022 to attend the 40th Anniversary of Mass Communication Department in Bayero University, Kano, my alma mater. I observed him in the office and I discovered that he has full grasp of what it entails to run a business. He is an economist, so one shouldn’t expect less from him.

He is very strict but pragmatic. His strictness cannot be likened to nefariousness but proper way of doing things. He doesn’t cut corners. He will never bargain for substandard products.

As an entrepreneur you have a goal, but it should be predicated on your customers satisfaction. Without them your business will face retardation and sluggishness. That is why when you agree on a day and date for the supply of goods, do not renege. Customers develop confidence in someone based on their experience over time. If their experience is positive you are in for a good time with them.

Discipline as a core value in any setting, be it political, social or economic, will help anyone to grow; especially in business, financial discipline is key. To the best of my knowledge, Firdaus has it and his prudence is a great deal of idea.

*My relationship with Firdaus*

We are both from Ilorin but we didn’t know each other until we met in Bayero University, Kano. Although we gained admission the same time, he was a year ahead of me because his was a direct entry. Since graduation, the relationship has been sustained till today; alhamdulillahi! He is a thorough person, he neither receives ideas and/or opinions nor treat issues dogmatically. It takes a sound and convincing explanation of a subject matter to get him on the same page with one.

Our good friends, they say, are our lives. At one’s lowest hour, one must have that one person in whom to confide. This is reminiscent of Mariama Ba’s So Long a Letter in which it is said “confiding in others always pain”.

Our relationship has transformed beyond friendship, it is now a familial bond. I can remember when I attended his wedding in Kaduna in the year
2009 and he reciprocated by attending my wedding in Ilorin together with his wife, an epitome of a good wife.

He is based in Kano but his door is always open to visitors. You can’t visit his family without giving a good account of their hospitality and humility. Great men are synonymous with humility and that has been my conviction over the years.

*His Philanthropic Activities*

He is a finest gentleman with a kind heart and generous disposition.He does not have a Foundation through which he reaches out to the less privileged because he believes giving to people is a personal thing and does not require publicity. His argument has been that he is doing it for the sake of Allah, not for people to praise him, and that getting a reward for doing good is preregative of Almighty Allah.

This is unlike politicians; there is no way they can keep in secrecy if they render assistance. If they don’t say it out, oppositions would use that against them, that they have neglected the people after gaining their mandates. So it is easy for him to do it in his own way, because he is not a politician.

There are cases of where he has helped and those people would be the one to tell me much later. If he helps you the third person would not hear about it. Emphatically, he has been kind to me as well.

Ahmad Abdulkadir Firdaus does not allow his busy schedules to deprive him of the opportunity to reach out to people through associations. He is currently the Vice President II of Bayero University Kano Alumni Association, the national body. He is also the Vice Chairman of Ilorin Emirate Descendants Progressive Union (IEDPU), Kano Branch. He is a Patron of Ilorin Emirate Students Union, BUK Chapter.

He is a detribalized Nigerian; his hand of fellowship spreads beyond his tribes and associates.

*His business sojourn*

Firdaus joined Royal United Nigeria Limited in Lagos State in 2007. He was later transferred to Kano office where he rose from the position of Accounts Assistant to become Regional Manager, North. In his words “I joined Royal United Nigeria Limited in 2007 through my Guardian, Dr. Abdullahi Jibril Oyekan”

Ahmed Abdulkadir Firdaus was born to the family of Alfa Ahmad and Hajia Halima of Ile Machine, Oju Ekun Oke, Adangba, Ilorin and grew up at Sebutu compound, Ilorin. He had his primary and part of secondary school education in Ilorin before proceeding to Lagos where he completed it. He is happily married with kids.

Below are his Educational background, Awards, and excerpts of the interview with him.

*Academic Qualification

In 2005 he bagged B.Sc. Economics from Bayero University, Kano with second class upper. He also obtained Master of Business Administration (MBA) in 2011 from the same institution. In 2006 he obtained Proficiency Certificate in Management and graduate member from the Nigerian institute of Management.
He became an Associate member , Institute of Chartered Economists in Nigeria (2006).

*Awards

Award of Excellence by Ilorin Emirate Descendants Progressive Union, IEDPU Northern Zone, 2023

Award of Excellence by BUK Alumni, Ilorin Emirate chapter, 2023

Award of Excellence by An-nur Islamic Organization, BUK, 2021

Award of Excellence by Ilorin -Ifelodun Social Group, Kano, 2021

Markazul Ulum Wal Maharif Islamic School Dei Dei, Abuja, 2020

Award of Excellence by National Association of Kwara State Students, BUK Chapter, 2019

Award of Excellence by Ilorin Emirate Youth Development Association, Kano, 2019

Award of Excellence by Ilorin Emirate Students’ Union, BUK, 2016

Certificate of Merit by National Youth Service Corps, Corps Welfare Association, Giginya Barracks, Sokoto, 2007

Merit Award (Chairman Fundraising) by Ilorin Emirate Students’ Union, BUK, 2005

Merit Award (Financial Secretary) by Ilorin Emirate Students’ Union, BUK, 2005

Merit Award (Member Fundraising) by Ilorin Emirate Students’ Union, BUK, 2004

Merit Award by Markaz Agege Alumni Association, BUK, 2003/2004

Al-Adabiyya Alumni Association, BUK, 2003/2004

Merit Award (Active member) Ilorin Emirate Students’ Union, BUK, 2002

*Interview Session*

What do you sell?

I sell different types/brands/sizes of Tyres and TableWater (HYDRO BLUE)

What could be the catalyst for your success in the business world?

Determination, patience, and passion can drive a business growth.

Nigerian economic challenges are enormous, but I always tell myself that if Dangote can do it, I can equally do with determination.

What advice do you have for upcoming entrepreneurs?

Business requires pragmatism, goal-oriented, and target. Including the culture of discipline

At the early stage of business, they must be available (full participation), adopt austere approach, have some level of accounting knowledge, and financial discipline.

They should understand that there is no shortcut to success; Rome was not built in a day.

Is it always rosy for your kind of business?

Not at all, like the Yoruba would say, a person that knows the day he would make plenty of sales might know the day of his death. Is just a saying nobody knows when he or she will die. No one can determine the day he or she will make enormous sales. However, business is unpredictable, most especially in the face of the current inflation that has influenced price instability.

It is obvious that even in the business world there are challenges but your ability to cope with its complexity and dynamism will determine how far you would go. This doesn’t rule out the significance of prayers as you weather the storm gradually. Our young men and women should cultivate the habit of sincerity and patience. Nothing good, they say, comes so easy. Get-rich-quick syndrome can’t be a way out of poverty but the road to doom. Patience is key to every facets of our lives just as Hausa saying “Hakuri maganin zaman duniyan”. Meaning patience is the key to successful life.

Firdaus, as a businessman is an example of those who would do their businesses diligently and would not surcharge the people.

He is in Kano, doing his business with utmost standard and excellent customer relations. Please patronise him for a life changing experience.

abdurraheemsaaddembo@gmail.com

Opinion

Exposing the fraud in NASS budget-Jaafar Jaafar

Published

2 weeks ago

May 2, 2024

Nigerian Tracker

By Jaafar Jaafar

In an unprecedented budget fraud, the National Assembly has appropriated N370 billion on running costs, contingency, vague and duplicated projects for the Senate and House of Representatives in the 2024 Appropriation Act.

I’m not talking about the hundreds of billions of naira padded in other ministries, departments and agency, but what they budgeted for their welfare and running of the National Assembly.

In the N370 billion NASS budget, the lawmakers duplicated projects and created new, unnecessary projects that increased the budget from N170billion in 2023 to N370 billion this year.

In budget (under Statutory Transfers ), the NASS budgeted 36,727,409,155 for the National Assembly Office; N49,144,916,519 for the Senate; N78,624,487169 for the House of Representatives; N12,325,901,366 for the National Assembly Service Commission and; N20,388,339,573 for Legislative Aides.

A senator recently told me that each of them (and members of the House of Reps) is entitled to five aides, while the four presiding officers (Senate President, Speaker and their deputies) have at least 3,000 aides. In total, you are talking about over 5,000 aides!

Despite the foregoing, the NASS budgeted N30,807,475,470 for “General Services” and N15billion as “Service-Wide Vote” – known in administrative parlance as “contingency” or “security vote”. The NASS never had anything like service-wide vote in the past as “service-wide vote” is always exclusive to the Executive arm. Insiders said this is a clear case of budget padding as the purpose for the huge appropriations are vague.

Even the retired clerks and perm secs (despite receiving their pensions) are not left out in this public funds buffet as they got N1.2billion padded for them.

Apart from padding the intangibles, the NASS will spend N4billion to build recreation center; about N6billion to furnish committee rooms for the two chambers and; another N6billion to build car parks for senators and members (don’t ask me whether they lack any parking space).

And despite this, the lawmakers padded N30 billion in the FCDA budget for “Completion of NASS Chambers” and N20billion for “completion of NASS Service Commission”! In the same budget, the lawmakers set aside another N10billion (under NASS budget) for the completion of National Assembly Service Commission building! How did this happen? No be juju be dis?

Still hungry to devour public resources, the avaricious parliamentarians budgeted another N3billion for the “Upgrade of NASS Key Infrastructures”. How come? What about the N30billion budgeted for “Completion of NASS Chambers”?

NASS Library Complex, named after President Tinubu’s Chief of Staff, Femi Gbajabiamila, got N12billion as take-off grant and another N3billion for purchase of books.

Like other institutions under NASS, the National Institute for Legislative and Democratic Studies got N9billion without clearly stating how or where the resources will apply to. The same institute also got another N4.5billion (is this ‘jara’?) for completion of its headquarters.

Despite the dedicated powerline and powerful generators backing up power supply in the National Assembly, the lawmakers budgeted N4billion to install solar power system. I guess this will give them a reason to pad billions for the purchase of batteries every year.

The committee that superintended this butchery of public resources, the Appropriations Committees of the Senate and the House of Reps, got N200m each for a job well done.