Editorial
Nigerian judiciary: When an integrity-challenged institution sheds crocodile tears
“It is only here that judicial officers work harder than slaves and yet, they are not appreciated. But, the consolation is that the judges in Nigeria are attached to the devil they are contending with. Whether we like it or not, we have to be proud of our judges and justices. They are brilliant and bold and some of them are appointed as justices in other countries.
“A mistake by one judge should not be generalised to warrant general condemnation from any quarter. They surpass judges from other countries. They deserve commendation for resisting the evils. The majority of judicial officers are standing in the face of challenges and unless we are careful with the way we attack judges, we will lose our minds and conscience.”
These were the exact words of Kanu Agabi, Senior Advocate of Nigeria (SAN), former Attorney General of the Federation and Minister of Justice (AGF-MoJ) a few days ago. He was invited to speak on behalf of the senior members of the SANs, otherwise known as the Inner Bar, Nigeria’s equivalent of the UK Queen’s Counsel, now King’s Counsel, on Monday, September 25, 2023, at a special court session marking the commencement of the 2023/2024 Legal Year in Abuja.
As usual, and as it is wont with his ilk, the learned silk, once again attempted to shift the blame, this time for the rot in the society, particularly the heist that underscored the 2023 general elections which has hurt Nigerian democracy so badly. His was that instead of Nigerians directing their condemnation where they believe it is supposed to be firmly resting – the Nigerian judiciary, the camera of shame should be panned elswhere.
But what that would entail is to confirm as the judicial camp, perhaps believes, is that Nigerians are equipped with the brain matters of animals or at best morons. Otherwise, there is no other way the Nigerian judiciary would not take a large chunk of the blame if not all the blame in its entirety. In fact, nowhere else could it be more fitting.
Before him, Justice Monica Dongban-Mensem President of the Court of Appeal (CoA), while opening the event, was no less unhappy herself about the brickbats the judiciary has been getting from Nigerians, while attempting to shift the blame away from the judiciary to Nigerian politicians, whom she blamed for not accepting their fate by walking away.
By the combined efforts of the two and indeed many other lawyers and commentators, some of them employed as undertakers, not only to beautify the ugly corpses that judicial pronouncements have become, but deodorise their putridity, the judges remain irreproachable, simply because they are merely interpreting the law the way it is rather than the way it ought to be.
For the rest of Nigerians who believe that judges should go beyond this straightjacket concept and deliver the justice of the matter before them in all ramifications, they are accused of committing a mortal crime of daring to bemoan the fate they have been handed. Their insistence that saving the society and the people from the insults, indignities and consequences arising from practically being fed their own excreta – a cocktail of faeces and urine, the usual mantra is that they are dwelling on sentiments. “Law is not sentiments, they would readily say.”
But put this statement on a proper societal balancing scale, it simply lacks the basic elements of logic. In the first place, judges are not inanimate objects. They are not machines either that could be placed at a spot and remain there permanently, never acting until their owners move them. They are also not trees that would be threated with being hewed down and still remain standing. No! Judges are not only human beings, but live in the same society they deny justice.
So, if democracy is raped so furiously and brutally as Nigeria has witnessed over the decades, most particularly in the 2023 elections, which has been acknowledged in informed quarters as the worst in the history of the country, judges, who by their pronouncements, help to sustain the outcome, cannot escape the blame, by snoring in the save and comfortable duvet of merely interpreting the law as it is or enjoy the alluring lullaby of praise singers, who tell them that their refusal to unilaterally take up the gauntlets to defend the society, reflects professionalism and courage as Agabi implied.
Rather they deserve to be called out and the guilt of the collapsed house that could result from such a convenient, irresponsible and most times devious shirking of their supposed ennobling duty, hung on their necks like yokes on the bull of burden. They must be dragged through the septic gutters of the infamy they deserve to travel on. That is what Nigerians are doing at the moment and there is no way they can escape the anger of the people no matter their obvious attempt at a pushback.
Yes! Agabi described Nigerian judges as “brilliant and bold” reasoning that “some of them are appointed as justices in other countries.” Of course it could be true and he may be right. But brilliant and bold in what sense? While the brilliance part of it is left to the jury, it is clear that only a bold judge could look at what happened in the 2023 elections, allow it to endure and keep a straight face. But that is in the negative sense.
Only a bold and courageous judge would look at Nigerians in the face and tell them that it is okay for the Independent National Electoral Commission (INEC), not to upload results of the 2023 elections real time, in line with their guidelines and what they mouthed everywhere in the market places across the country and even as far as the world stage, including the Chatham House in the UK, because they are not legally bound to do so. It is only a negatively-tutored and inspired judiciary that could hug such an obtuse, even if convenient excuse.
Perhaps, the former AGF was talking about the Nigerian judges of old and not the type Adamu Bulkachuwa, a Nigerian Senator once told his colleagues in his contribution at the closing session of the ninth Senate, held at the hallowed chambers of the Senate before the beaming cameras and millions of eyes within and without Nigeria, that he he effectively influenced and manipulated from his bedroom.
They are certainly not the type Chidi Odinkalu, former Chairman of the National Human Rights Commission (NHRC), told the world recently that Nigerian politicians put behind their pockets as they go about committing various forms of crimes and whose skewed appointments are the products of bedroom and other filial considerations. Certainly not!
If indeed they were, those who whose vice grip on the throat of the 2023 election asphyxiated life out of it, would not have been that daring to be singing the go to court mantra. It is because they were aware of the insipid and pliable nature of the current Nigerian judiciary that they sang that song with such ecstasy. That way Dongban-Mensem, would not not have to cry out about how election cases have overshadowed the entire judiciary system by the sheer number. In other words, the only way of stopping the deluge is to do justice. That way, electoral brigands will have no reason to continue in their bad behaviour. If they continue enabling the criminals, not only the judiciary but the entire polity would continue to suffer.
It is such raw, indisputable boldness and courage that delivered that heavy blow to the impunity demonstrated in the Rotimi Amaechi case in 2007. Ordinarily the former Rivers State Governor, would have been told to go home and lick his wounds, if he had presented his case today. But the judges demonstrated that they were part of Nigeria and decided to go for the spirit of the law in righting the wrong embedded in the impunity of one man authority, who posed a danger to democracy.
It was still within the same period that Peter Obi, against the moving train that was the Peoples Democratic Party (PDP) got justice in the Tenure Determination Case, and was restored to power, even as a member of the All Progressives Grand Alliance (APGA), one of the least influential political entities in Nigeria at that time.
That obviously ought to be the judiciary Agabi should be cloaking in the toga of brilliance and boldness and not the obviously timid, lethargic and probably compromised judiciary of today that would permit the type of judicial murder that saw Dave Umahi and Godswill Akpabio return to the Senate after contesting presidential elections in one circle. How could such a judiciary earn the type of respect the former AGF envisages?
Imaging the cacophony of contradictions that are coming out from the election petition tribunals in the states – judges giving with one hand and taking with the other at the same time – in shameful display of outlandish pronouncements. Are they reflective of the type of judiciary that Nigerians would ignore and celebrate?
Certainly no! In the unlikely case that the present Nigerian judiciary has forgotten the colour of justice, only a scratch back to history would reveal it in the eternal description of the late Chukwudifu Oputa, one of the unforgettable minds that had ever sat on the noble and exalted position of the Nigerian bench.
Indeed, the only argument Agabi seemed to have got right is when he reminded his audience that whatever decisions they made or failed to make in the journey towards delivering justice, they must account for them, if not on earth, before their creator when they die, as many of them are doing right now.
But beyond that the eternal words of Oputa, Justice of the Supreme Court (JSC), as he then was, remains enduring – Justice to the accused, justice to the accuser and justice to the society. That is what Nigerians want and demand, without which, everything is but a white-painted sepulcher, beautiful outside but habours rotten remains in its bowels.
Nobody needs be told that the Nigerian society have continued to hold the short end of the stick in this context. But so long as it is denied its own share of justice, the judiciary would continue to suffer and endure the bespattering image from the paintbrush of shame! No more no less!
On Wednesday, July 8, 2026, Peter Obi, candidate of the Nigeria Democratic Congress (NDC), practically took the media space of Nigeria by storm, with his alarming claim that he might not be alive to contest the 2027 presidential election.
Obi was not talking about some strange illness discovered by his doctors, which had limited his days on earth or alluding to any other kind of natural cause of death. On the contrary, he was forecasting of a more diabolical, highly sinister variant of unnatural, untimely kind of death – political assassination or any other dimension relating to it.
The former Governor of Anambra State, who has remained the main thing in the polity since taking the Nigerian political firmament by storm with his emergence as contender for the nation’s number one job in 2022, ending up with a stunning performance in the February 25, presidential election as candidate of the Labour Party (LP), despite all odds, and prediction of naysayers, was not in doubt about where the threat was domiciled.
A guest of #WithChude, a popular podcast, hosted by Chude Jideonwo, he was instead quite emphatic that his reading of his current ordeal suggests that his traducers, might not stop with their clear intent of preventing him from being on the ballot in the 2027 presidential contest, but up the ante to the level of taking his life if the push eventually graduated to shove.
He did not mince words where the arrows were coming and who was pulling the bows, but was equally emphatic of that as well – the All Progressives Congress (APC) government of President Bola Ahmed Tinubu.
Hear him: “Every single thing I do for a living, this government is frustrating it. Deliberately so. Everything. So, there is even a possibility, if they have the opportunity, I will not be alive.
“It’s not an accusation. I know. I get frustration every day. Because you do things that you think would be normal – it is not normal anymore. They won’t come directly and say, ‘Oh, we’re doing this,’ but you can see their hand in virtually everything.
“They are attacking everybody who is in opposition personally. I am being attacked personally. Everything. Even to provide me with necessary things that I should have been entitled to, not at all. I had a case recently at the airport, where people who work in the airport came and locked my car. And I said, ‘It’s me.’
“But I said, ‘Look at the cars of other people.’ And you could see them talking to each other, as if, ‘Who is this one? And I see people I know at the airport, they will not greet me because they are fearing that if they greet me…And I have people send me invitations and say, ‘My son, my daughter is wedding, but please don’t come.’”
Since this outing, it has been hoopla on the Nigerian turf as the centrifugal and centripetal forces pull from all sides on the matter in a dog-fight between the government forces and Obi’s supporters.
In fact, Abuja did not waste time in producing a quick riposte, with Bayo Onanuga, spokesman of the President, ostensibly conveying the sentiments of his boss on the matter, dismissing the NDC candidate as a liar and a cry-baby.
He has support from Festus Keyamo, a Senior Advocate of Nigeria (SAN), Minister of Aviation and Aerospace Management, who quickly pulled out a video of what was supposed to be the airport incident Obi was referring to underscore the point that the former governor was indeed the guilty party.
In fact, so intense was Keyemo’s intervention that he not only instructed Obi to render an immediate and unreserved apologies to the airport staff – the selfsame people he accused of insulting him – but pay N25,000, which he claimed was the mandatory fine for the “crime” of parking in an unauthorised place, he allegedly committed.
Now as the drama in the nation’s theatre of the absurd continues to build up into a fearsome political fireball, it is pertinent to assess the situation, based on the facts on the ground – past and present.
In so doing, it is apposite to review the images on the huge national screen playing from the reel of events since Obi happened on the Nigerian political space. This will underscore whether his outcry could be considered as coming from genuine fears or dismissed as non-issues, as the Aso Rock Villa, enjoins.
Does NEXT International Supermarket, arguable once the biggest monuments in Abuja and one of the visible concerns linked to Obi, suddenly going up in flames some years back, not deserve a mention in the current conversation?
What about the outburst of Monday Okpebholo, Governor of Edo State, warning the NDC candidate never to step his foot in Benin the capital or anywhere within the territory without his express say-so? Where does that fit in?
How does Abuja capture the real life attack on Obi, then a chieftain of the African Democratic Congress (ADC), in the same Benin under the nose of the selfsame Okpebholo? Does that bullet-ridden vehicle that told the story of the entire macabre event in more ways than words not mean anything?
Okay, how is Obi supposed to process the silence of Abuja after an APC chieftain warned him not to step his feet into Rivers State or do so at the pain of death, when elsewhere such open threat ought to instigate an instant action, including the arrest and prosecution of the culprit?
What about the outburst of the selfsame Onanuga warning the NDC candidate – never to interfere in Lagos politics – following the blitzkrieg that came after trouncing Tinubu in his own backyard during the 2023 presidential election?
How was Obi supposed to process the pulling down of a prime property in Lagos belonging to his brother, in the context of this warning and other events that nuanced the actions of Alausa and other players since that 2023 routing?
Given this list of what is in the public domain, though not exhaustible yet – not knowing what else could have transpired beyond what is known to him and his supposed traducers alone, does it make for Obi to be complacent and believe that all is well?
For us, no politician in Nigeria today could be accused of being too careful with the foregoing events, not the least, Obi, given the long list of unresolved political killings history in the country.
The horrendous cases of the likes of Funso Williams, Bola Ige, Aminasori Dikkibo, Harry Marshal, Ogbonnaya Uche (OGB), who fell to the bullets of gunmen at various times, have not continued to blur the nation’s political firmament, but remain sad reminders of how awry things could go.
WHIRLWINDNEWS believes, therefore that the case of Obi deserves more than being dismissed with a wave of the hands as Abuja has since done. We believe that, not only the NDC candidate, but the nation needs the assurance that he is alive to contest in the election.
The consequences of Obi coming to harm might be graver than those who believe they are safe in the fortresses of Abuja foresee. It might signal the doomsday. Therefore, that assurance must come in visible words and deed. Now!
It began less than 10 minutes after taking the oath of office. In his address to the nation, he uttered those three-letter words – subsidy is gone. The ink with which he signed the documents declaring him President was yet to dry.
That was it. From that moment, Nigerians have known nothing but poverty, tears and death. It was a declaration that came out of impulse rather than articulacy. It was not even contained in his original speech prepared for the occasion. But it sprouted out – from a rash, unthinking and impetuous mental construct.
But the effect was instant, the impact direct. From that moment, Nigerians have never known peace. Every thing took a cue. Minutes after, the news broke that the price of Premium Motor Spirit, otherwise known as petrol had jumped from N189 to N550. It was that instant. Today, it hovers around N1,500.
The effect: Within minutes, transportation cost quadrupled. So too, commodity prices. Caught unawares, marketers, who had earlier thought it was a day of the rains as customers rushed to their shops, soon became suspicious and then got wiser – these were not ordinary customers but smart alecs playing a fast one on them.
They stopped selling, retrieved the items they could from those who had not disappeared with their goods and closed shop to study the situation properly. Hours after, they responded. A plate of eba and soup, went up from N200 to N1,000. Prices hit the rooftops.
In fact, the vehicle transporting what used to be Nigeria, which had been moving at a horse and buggy pace in the days of Muhammadu Buhari, stopped abruptly, engaged the reverse gear and began galloping backwards. That has remained the ugly, parlous tale of the Tinubu days, since May 29, 2023.
Now, the expectation would be that the President and his government that wrought such a horrendous punishment on the polity, would themselves take some blows. But nada! Instead, the opposite was the case. Within months of plunging the citizens into the untold hardship Tinubu went on a binge, spending money – in the words of Olusegun Obasanjo, former President – like a drunken sailor.
Few weeks after, as Nigerians were reeling and gasping in pain from the impact of their new situation, 469 newly-minted Sport Utility Vehicles (SUVs), rolled out from factories in Japan, where they were produced into the premises of the National Assembly for the just inaugurated members.
Put the cost at N100billion – that is N160million for each unit, plus other charges. Reason: The lawmakers needed the vehicles because of their good suspension system, to navigate the so many bad roads in Nigeria. Yes, you heard right. How could they think well and make good laws after the hassles of the bad roads? Tinubu saw reasons, acquiesced and voila!
But it did not end there. Tinubu suddenly realised that Kashim Shettima, his deputy, needed a new home “befitting” his new office. Pronto! A voucher of N21billion was raised and he had it. Till date a haze still hovers over the project.
The last news that was heard was that Number Two refused to take residence because the entire environment, including the toilets was wired to the teeth to monitor him. And Number Two needed privacy.
Again, in the same weeks, Oga Patapata, also realised that Madam needed to transport more comfortably. Pronto! It was arranged. Another voucher was raised for cars for the Office of the First Lady. Cost N1.2billion. Of course, madam needed the comfort for peace at home.
Naturally, since transportation is not done by land alone, he also took care of that. For the sea, a yacht was procured. Cost N5billion. Because the birds in the presidential fleet were not good enough, Tinubu did the needful.
He enriched the fleet with the one befitting of his status and had it transformed to mimic the US Air Force One. To complete the status symbol project, he also added a replica of The Beast, the US presidential automobile.
Ironically, the funds used in procuring these luxury lifestyle, came, not out of productive ventures of Nigeria, but through borrowing. Today, Tinubu has practically borrowed Nigeria blind, doubling or even tripling that of his predecessors.
Meanwhile Nigerians had upped the ante from mere groaning and skreiching. Citizens, unable to take it anymore, now stop their hitherto sleek vehicles on the Third Mainland Bridge and plunge into the Lagos lagoon to end it all. The option is now more rampant than remote and occasional.
Many others, taking the Socrates option, now drink hemlock and many more simply sleep off without any intention of waking up. That is where we are. That is the new Nigeria – the Tinubu Nigeria. But there is more.
Terrorists and the landlords of the forest, having now discovered that the Commander-in-Chief has other fancies than security and welfare of the people – the constitutionally-declared primary purpose of government and scant regard for the citizens, have practically gone haywire. They have taken over and established their authority.
Presently, outside those wantonly slaughtered or butchered in their homes like animals at the abattoir, incinerated alive while sleeping on their beds, among other forms of decimation, many more citizens are now spending months, going to years as victims of captivity with them in various forests in Nigeria.
In their rampage, the terrorists have since broken all barriers considered out of place hitherto. One of their escapades is the present videos of the school children and teachers taken from Oyo State. The gory imagery captures the current Nigerian story.
For instance, on Thursday, just as the sound of heavy celebration was going on in neighbouring Ogun State as the world marked the Ojude Oba yearly carnival, two of the victims, one of them with a toddler on her back, were pleading for their lives, as others went through various forms of torture, including heavy whipping like beasts.
Don’t forget that the terrorists had earlier slaughtered one of their colleagues. In the new video, the totally terrified women, informed that they had chosen another victim to be similarly eliminated. Yet, no word about rescue! Terrible!
Interestingly, if not painfully, Tinubu’s response, in the few cases he bothered, was to see the crisis through the politics lens. His most recent reaction was to tell the world that the harvest of attacks and carnages ravaging the country, were sponsored by his political enemies, intent on shoving him out of power. That to him was all that mattered.
Now, where are your powers as C-in-C? They are mostly found in the most disgraceful economic and political acts of impunity. Nigerians now waking up to hear of the award of brain-dazing contracts such as the N15trillion Lagos-Calabar Coastal Highway and Badagry-Maiduguri Highway – with scant regard for official regulations, is now becoming more common than rare.
Few days after one of the teachers was beheaded and the video of the hideous act made to circulate on the social media, the President and his All Progressives Congress (APC), party, rolled out the drums of his winning the party’s ticket to contest the 2027 presidential election.
To say that it has been three years of weeping, wailing, mourning and gnashing of the teeth, is a clear euphemism. There is no starker way of putting it than calamity – pure, unmitigated catastrophe – disaster.
Then comes the big question. Nigeria is already breasting the tape of these ruinous years of the first term. Suppose Tinubu succeeds in renewing his tenure by January next year? Will Nigeria survive five more years of a life like the last three? What will be left of Nigeria? Is there a way out, outside shouting – God forbid!?
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