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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

Amupitan and the Credibility of the 2027 Elections-Salihu Tanko Yakasai

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By Salihu Tanko Yakasai.

In any election, the most important stakeholder is the electoral umpire. Whoever is chosen to lead the electoral body carries a heavy burden, particularly in how key players and observers perceive the independence of that umpire, whether he will be fair and just or take sides with those who appointed him.

Typically, the person appointed to head the Independent National Electoral Commission (INEC) is expected to ensure a level playing field for all candidates, irrespective of whether they belong to the ruling party or the opposition. Over the years in Nigeria, however, some INEC chairmen have been found wanting in the discharge of their duties.

Maurice Iwu is widely regarded as one of Nigeria’s most controversial INEC chairmen, largely because the 2007 elections under his leadership were heavily criticized for irregularities and lack of credibility. Even Umaru Musa Yar’Adua, who won that election, admitted the process was flawed. While some argue he operated within a weak system, his tenure is still often seen as a low point for electoral integrity in Nigeria.

If you’re looking at credibility, transparency, and public trust, his tenure is often seen as a low point for Nigeria’s electoral process.

But from all indications, the current INEC chairman, Joash Amupitan, seems to be on the verge of becoming even worse than Maurice Iwu, as his tenure has been marked by one controversy after another since his appointment.

1- Religious bias allegation

The current INEC chairman, Amupitan, has faced criticism over a past petition in which he reportedly raised concerns about what he described as “Christian genocide.” This has drawn objections from groups such as the Supreme Council for Islamic Affairs, who argue that such a position raises questions about his neutrality in a religiously diverse country and have called for his removal.

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2- ADC leadership portal controversy

While citing a court order, the INEC chairman reportedly derecognized David Mark and Rauf Aregbesola as Chairman and Secretary of the African Democratic Congress, respectively. This removal from INEC’s official portal could undermine the party’s ability to field candidates. Critics see this as a move that may disadvantage opposition parties in favor of the ruling All Progressives Congress.

3- Voter revalidation exercise concerns

Another major issue was the proposed voter revalidation exercise introduced close to the election timeline, which sparked backlash. Many argued that attempting to revalidate tens of millions of voters within a short period could disenfranchise many Nigerians in the 2027 general elections. Following public pressure, the commission suspended the exercise.

4- Social media partisanship allegation

Questions have been raised about an alleged social media account linked to Amupitan, said to contain posts supportive of the APC and critical of opposition movements such as the “Obidient” movement. Although he denied ownership, some online claims suggest links to personal identifiers such as an email address and phone number, leaving the issue contested.

All these controversies are happening even before the elections. If Maurice Iwu is the yardstick for a poor election umpire, then by all accounts, Amupitan appears to be on track to surpass that record. If he can be perceived as this compromised before the elections, what should be expected on election day?

When the credibility of an election collapses, the consequences go far beyond the ballot box. Voter turnout drops as people begin to feel their votes no longer count, and the legitimacy of whoever emerges as winner is immediately questioned. This often fuels political tension, deepens divisions, and in some cases can trigger unrest. Ultimately, a flawed electoral process does not just produce disputed outcomes, it weakens public trust in democracy itself and makes governance far more difficult.

This is why all well-meaning Nigerians, as well as the international community, must lend their voices to calls for the removal of such a controversial INEC chairman. The credibility of the elections is already being questioned even before they are held. It is like a referee in a football match wearing the jersey of one of the teams, you do not need anyone to tell you that such a referee cannot be neutral.

As Kofi Annan once said, “Credible elections are the cornerstone of democracy.” When that credibility is in doubt, the very foundation of the democratic process is weakened. Nigeria cannot afford to gamble with that foundation in 2027.

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Opinion

The Final Betrayal Of A Red Neck?-Martin Yakwo

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By Martin Yakwo

The humid air of Benisheikh felt heavy yesterday, not with rain, but with the silence of a trap. Brigadier General Oseni Braimah stood in the center of the 29 Task Force Brigade’s perimeter, his thumb tracing the jagged edge of a radio that hadn’t caught a clear signal in three days.

He had surely sent five memos to Abuja in a month. He’d asked for the T-72 tanks promised in the quarterly budget and the thermal optics needed to see through the encroaching Sahel dust. After all the general in his youth was trained in the annals of red house aka octopus house..where being on point was a religion? Sharp thinking was necessary to survive and being resourceful was mandatory.

But alas, The replies from the High Command via the buffoons in the villa were always the same: “Resources are being deployed. Maintain your position.” But Braimah knew where the resources were. He had seen the photos of the new mansions in Lakeview, Abuja, owned by men who had never heard a shot fired in anger. He knew the “superior firepower” touted in the morning press releases was sitting in a shipping container in Lagos, held up by a kickback dispute between greedy politically inclined morons and the compromised analogue generals who have become their partners in crime and corruption.

“General,” his adjutant whispered, pointing toward the tree line. “The scouts didn’t return.” how could they have returned? They had already been betrayed by some rehabilitated sons and daughters of Satan with the blessing of the NSA and his clowns in control of the nations security apparatus a long time ago.

Braimah reached for his rifle. It was a decades-old weapon, the ubiquitous AK 47? its barrel worn smooth. He knew the political will to end this war didn’t exist; a forever war was too profitable for the men/agbayas in flowing agbadas, multi million naira watches and their paramilitary gang members in well starched khakis who the general answered to. If the insurgency died, the “security votes”—those unvetted billions—would vanish. After all, the dirty, stinky, drug addled vermin known as Boko Haram are the prodigal sons of some of the hierarchy as well as the politicians. These boys are cash in the bank as it is and so must be protected and supplied more than the military itself.

Then, the darkness erupted.
The terrorists didn’t come with swords; they came with brand-new technicals and night-vision goggles—gear better than anything Braimah’s men possessed. The General sprinted toward the front trench, shouting orders that were drowned out by the screams of boys holding jammed rifles.
He picked up a Light Machine Gun from a fallen soldier, but after three bursts, it seized.

The procurement officers had bought “refurbished” ammunition that was actually decades-old surplus. “Request air support!” Braimah roared over the thunder of RPGs.
“The jets are grounded in Maiduguri, sir!” the comms officer yelled back, tears streaking his dusty face. “They say there’s no fuel budget cleared for night Sorties!”

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Braimah looked at the sky, vast and empty. No air support? No night time drones? It wasn’t the enemy that had defeated him. It was the ink on the diverted contracts and the shrugs in the air-conditioned boardrooms of the capital. He stood tall, a silhouette of defiance against the muzzle flashes. He was a lion led by sheep, a guardian sold for a percentage. As the perimeter collapsed, he didn’t retreat. He fired his sidearm until the slide locked back. By then the scene must have looked like a scorched earth with bodies strewn across each other, blood and dust mixing with bullets and shrapnel as the constant staccato of gunfire mixed with Islamic chants by the evil killers of his colleagues rent the air, getting closer, and closer by the mili second?

The last thing Oseni Braimah felt wasn’t the sting of the bullet, but the “cold weight of a betrayal that started a thousand miles away from the battlefield in an air conditioned suite in the villa and freezing office in the MOD.” The desire to gaze upon the faces of his beautiful wife and kids once more must have driven him to jump into the last remaining MRAP vehicle in order to save himself and the wounded left alive to try to salvage their dire situation and protect us the citizens who slept underneath the covers while simultaneously living in order to fight another day?

But alas….it wasn’t meant to be…”oga the MRAP has no fuel and the engine is faulty?” What manner of government allows a red neck to be in charge of a command with such a logistical nightmare? The Nigerian government of course. Better to turn our brightest and bravest into sitting ducks in borno for the bandits as long as the allowances can be exchanged in zone 4 for dollars but not sense!

The next morning, the DHQ would release a statement praising his “heroism” and “the military’s successful repelling of the attack.” The mansions in Abuja would remain quiet, their walls thick enough to drown out the sound of the desert wind while also buck passing in order to avoid any form of official scrutiny. Maybe tomorrow morning the mong from bourdillion would hurriedly fly into an airfield in Maiduguri for 10 minutes to extol the virtues of my red house brother and his fallen comrades in arms as he did in jos? He would make his usual regurgitated speech about “never again or we will crush these bandits?” He may also demand that they bring omos twin brother and his grieving wife and kids for a photo op? To show that he cares? Typical.

Mr President , your high command and your useless Boko Haram trainee ministers and the safari suit wearing boy scout from kaduna . You have all sacrificed an innocent man’s life and that of his brave platoon with your incompetence, blinding stupidity and lack of political will to face this menace head on. Nigerians are now on par with somalians as regards to insecurity and it is all happening under your bleary-eyed watch.

The betrayal of all the remaining red necks and their subordinates rests on your shoulders. May all of you responsible for the current state of this nations capitulation choke on your wealth and die off in penury after being haunted by the visions of all those who have been sent to the upper room by your inaction greed and lack of foresight.

As for “Le deux, tallest, Omo bee and the general?”…..I wish you a peaceful journey
I will see you when it’s my turn . Rest in peace……Salute.

[“The final betrayal of a red neck” is a SEMI BIOGRAPHICAL EPITAPH written by me based on the events of the last 24 hours of oseni braimahs life, as a dedication to his bravery and that of his men, the current inefficiency affecting our nations military offensive against terrorists in nigeria, the debilitating federal corruption as well as our 32 year association via our journey through the hallowed halls of CSSKD”]

© God of words productions. 2026

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Opinion

Shekarau In APC, Morale Booster For Governor Abba

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By Abba Anwar

It is no longer a news or something strange for Kano people, for one to comfortably advance a stance that, among all the former Governors of Kano, who are still alive, including Military Administrators during Military regime, Malam Ibrahim Shekarau, Sardaunan Kano and a one time Distinguished Senator of the Federal Republic of Nigeria, is the most focused, most honest, most humane, most humble and most lenient, with high sense of spiritual touch.

Just like the former Governor Rabi’u Musa Kwankwaso, whose political structure cuts across all the 44 local government areas in the state, Malam Shekarau has that political spread for sure. Shekarau’s structure, under what is called Shurah Council /Committee, is more genuine and democratic, than that of Kwankwaso.

For the simple reason that, nowhere in his political life, before, during and after his days in office, it was reported that he takes decisions without consultation. The cardinal essence of the true meaning of Shurah. Consultation before action. The concept of Shurah became more prominent in his post administration era.

Even the Shurah Council /Committee, is under the leadership of another respected and down – to-earth personality, Dr Umar Mustapha, popularly known and called Mai Mansaleta (Mentholatum). An ocean difference between Kwankwaso’s Kwankwasiyya and Shekarau’s Shurah. Under Shurah, immediately after Shekarau, there is the Chairman of the body of decision makers, Shurah. Unlike in Kwankwasiyya where you have Kwankwaso and only him, as the alpha and omega. Below him in the chain of decision making and command? Nobody! Absolute totalitarianism!

With the cross over of Shekarau to the ruling All Progressives Congress (APC), the chances and influence of Kano state, Abba Kabir Yusuf, against 2027 election, are becoming more visible, predictable and waxing stronger. Even the consolidation of the party and governance are becoming increasingly focused. Shekarau is respected by almost all Kano elders and responsible individuals.

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One good thing about Shekarau’s political empire, is, almost all those who are following his political direction, have it at the back of their mind that, they are duty bound, to be loyal, as a symbol of duty of followership. No blind loyalty, no deceit and no double-speak. He, as an overall leader of the dynasty, if I can use the term, consults, before any decision is reached.

Shekarau in APC, means governor Yusuf’s decisive political spread across all the 44 local governments. I also hope that, Shekarau’s people will not be sidelined in the party activities and governance. As it was the case during the immediate past governor Dr Abdullahi Umar Ganduje, CON.

If and only if governor Yusuf wants to display practical relationship with Shekarau, I suggest, he should incorporate Shekarau’s loyalists in governance, more than any other section or camp of the traditional APC. Why? Because, Shekarau, as it appears now, has no single individual in the party leadership. Right form the ward to local government up to state. Congresses across wards, local governments and state took place few weeks back. Before Shekarau joins the party. So he should be compensated, anyway.

It is governor Yusuf, Malam Shekarau, Baba Ganduje and His Excellency, Deputy Senate President, Distinguished Senator Barau I Jibrin, CFR, who are now on the table. A round table, if you wish. Is not for roundtable discussion. But for redesign, refocus, rejig, realignment and rehearsal of current political reality in Kano, against 2027.

Without fear of contradiction and exaggeration, Shekarau is still one of the very few politicians in the country, whom, when you look at their faces, you see faith, seriousness, straightforwardness, focus, commitment and humility. So as a matter of fact, APC under the governor, in Kano, is lucky to woo Sardaunan Kano, ahead of such stiffer elections, come 2027. Which is just some miles away.

I suggest that, Shekarau people, as he joins APC, should be involved in governance from local governments to state level. Failure to do that, may as well mean, APC looks at him (Shekarau), alone, not alongside his people. And this could mean a bad political approach. Let Shekarau and his people know that, their relevance and influence are spotted and appreciated, by the present state government. Unlike what was obtained in the past. When their hardwork, commitment and loyalty were thrown to the dogs.

As important as Shekarau is, in normalizing and consolidating the strength of APC, not only in Kano, it is expected that, his people would not be neglected after joining the party. Yes, Shekarau still enjoys grassroot supporters, real and genuine, for that matter. The ball, I believe, is in the court of both President Bola Ahmed Tinubu, GCFR, and governor Yusuf.

So governor Yusuf should facilitate the fixing of Shekarau people in some chosen federal government spaces. Consolidation of power, is rewarding, when realities on ground are not deliberately neglected.

Shekarau’s influence cuts across many states, especially, in the North. More importantly, people that are religious, in the true sense of the word religion, gentlemen and other community leaders across our traditional settings. Humility and approachable posture, are two major attitudes that endear him to many.

Without being economical with the truth, I can say, governor Yusuf finds a new political father in Shekarau. Take it or leave it.

Anwar writes from Kano
Wednesday, 8th April, 2026

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