Showing posts with label Chidi Odinkalu. Show all posts
Showing posts with label Chidi Odinkalu. Show all posts

Tuesday, January 23, 2024

Nigeria: The Making Of Supreme Confusion

 By Chidi Odinkalu

Most people do not know or remember that, strictly speaking, there were and remain no official results for Nigeria’s 2007 presidential election. Organised by the Independent National Electoral Commission, INEC, the vote itself occurred on April 21, 2007 under Maurice Iwu, a professor whose academic discipline coincidentally was alchemy. His main qualification for the position of Chairman of the INEC was that he was close to President Obasanjo’s fixer, Andy Uba.

The results began trickling in the following day. Under Nigeria’s Constitution, a winner of a presidential election must secure the highest number of votes in addition to winning a minimum of 25% of the votes in at least 24 of the 36 states of the federation. What this means is that it is impossible to declare a lawful result in a presidential election until the results in at least 24 states have been computed.

Monday, December 25, 2023

A Court For Kangaroos

 By Chidi Odinkalu

“Because judges are part of government, acting on our behalf, we are entitled to require them to abandon their priesthood and to present their activities for assessment by laymen.” David Pannick, KC, Judges, p. 17 (1987)

The Guardian’s obituary on Bernard Levin, the celebrated Times columnist who died in 2004 after a long battle with Alzheimer’s disease, described him as “a passionate and eclectic journalist with a legendary capacity for work, whose career made him a host of friends – and enemies.” Among these enemies, few were as determined as the legal profession.

David Pannick, KC, recalls that Mr. Levin’s settled view was that “the legal profession had an infinite capacity for deluding itself.” He had good reason. When Rayner Goddard retired as Lord Chief Justice in 1958, Bernard Levin’s evisceration of his judicial record inspired “a clandestine meeting at which the higher judiciary considered whether the uppity columnist might be done for criminal libel.” The idea was eventually dropped. 

Monday, December 18, 2023

An Itinerant Jurist, An Unfinished Honeymoon And A Judicial Transaction

 By Chidi Odinkalu

Supreme Courts are places where lawyers and judges regularly encounter one another. On 17 November 2023, one of such encounters occurred, not in the regular halls of Nigeria’s Supreme Court in Abuja but in its Mosque.

There, Abdulaziz Waziri, a Justice of Appeal wedded Zaynab Bashir, a Judge of Nigeria’s National Industrial Court. The wedding reception followed thereafter at a well-appointed venue in up-market Maitama, in Abuja.

Justice Waziri has been nothing if not busy this season. For his duty station in this election petition appeal season, Justice Waziri was stationed in Jos, Plateau State, where the Justices of Appeal, in the state from which the President of the Court of Appeal hails, have been busy re-writing the results of the elections, taking seats from one party and generously handing them to another party on the bases of jurisprudence that can most charitably be described as extraordinarily specious. 

Friday, December 15, 2023

Who Will Tell The Chief Justice?

By Chidi Odinkalu

Nigeria’s Supreme Court held a special session on 27 November 2023 to formally usher in a new legal year. It provides an occasion for a retrospective on the performance of Nigeria’s judiciary by its leaders in a season of unprecedented levels of public angst over the political weaponisation of judges and a set piece moment to compare notes on the dysfunctions that afflict the judicial system. The outcome was interesting to the point of anti-climactic.

*CJN Olukayode Ariwoola

On that occasion, the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, also administered the oath on 57 new entrants into the coven of Senior Advocates of Nigeria (SAN). One of the new SANs was born in 1981. Two years later, in 1983, his dad, a lawyer, began proceedings against Shell Petroleum Development Company (SPDC) Ltd, a multinational company in the hydrocarbons sector, in Warri. At the time, Warri was part of Bendel State, which was created by the military a mere seven years earlier in 1976.

Tuesday, December 12, 2023

75 Years Of The Universal Declaration Of Human Rights

 By Chidi Odinkalu

On this day 75 years ago, on December 10, 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights “as a common standard of achievement for all peoples and all nations”. Forty-eight of the 58 countries eligible voted to approve the Declaration. The Byelorussian Soviet Socialist Republic, Czechoslovakia, Poland, Saudi Arabia, Soviet Union, South Africa, Ukraine, and Yugoslavia abstained, while Honduras and Yemen absented themselves from the vote altogether. There were no votes against its adoption.


  The previous day, on December 9, 1948, they had adopted the Convention on the Prevention and Punishment of the Crime of Genocide and just three and a half years earlier, in June 1945, 50 countries had signed the Charter of the United Nations establishing the foundations for a new global order at the end of a profoundly ruinous war. In the three years separating the adoption of the UN Charter from the Universal Declaration, more countries emerged to independence, including Korea, India, Indonesia, Philippines, Myanmar, Pakistan, Syria, and Vietnam. In the decade that followed, the cascade of decolonisation arrived Africa.

Wednesday, November 29, 2023

Malawi’s Path To An ‘Award-Winning Judiciary’

 By Chidi Odinkalu

Joyce Banda, Malawi’s fourth (and first female) president, was in Nigeria earlier this month as guest of the Nnamdi Azikiwe University in Awka, Anambra State in South-East Nigeria, where she spoke at the 12th annual lecture in memory of the man after whom the university is named. It was also the 119th birthday of Nnamdi Benjamin Azikiwe, Nigeria’s founding president, and the month of the 26th anniversary of the death in 1997 of Malawi’s founding president. 

 At the lecture, Joyce Banda described Malawi’s judiciary as “award-winning” and many Nigerians in the audience, embarrassed by the contrast with theirs which wallows in infamy, broke out in spontaneous acclamation. The story of how Malawi’s judges became “award-winning” should be of interest to Nigerians.

Monday, November 20, 2023

Judicial Mercenarism

By Chidi Odinkalu

In July 1977, the Organisation of African Unity adopted a Convention for the Elimination of Mercenarism in Africa. It offered a definition of a mercenary to include someone who “is motivated to take part in hostilities essentially by the desire for private gain and in fact is promised by or on behalf of a party to the conflict material compensation.” The drafters of the Convention for the Elimination of Mercenarism in Africa probably did not foresee that it would encompass the conduct of judges.

Yet, at the beginning of this month, the immediate past president of the Nigerian Bar Association, NBA, Olumide Akpata, took to the floor of the International Bar Association, IBA, conference in Paris, the capital of France, to invite the association to take an active interest in a new species of judicial subornation in Nigeria which can best be described as judicial mercenarism.

Monday, November 13, 2023

Concerning Courts Of Electoral Kleptocracy

 By Chidi Odinkalu

In 1968, Stanislav Andrzejewski, the former Polish soldier and prisoner-of-war, who later founded the Sociology Department at the University of Reading in England, coined the word ‘kleptocracy”, which he defined as “a system of government [that] consists precisely of the practice of selling what the law forbids to sell.” He saw in the system of Nigeria’s First Republic, “the most perfect example of a kleptocracy” in which “power rested on the ability to bribe.” 

According to Andrzejewski, the defining characteristic of a kleptocracy “is that the functioning of the organs of authority is determined by the mechanisms of supply and demand rather than the laws and regulations.”

Monday, October 9, 2023

Nigeria: A Captured Temple Of Justice

 By Chidi Odinkalu

In July 2023, the Chief Justice of Nigeria, CJN, presided over a meeting of the National Judicial Council, NJC, to appoint his own son a judge of the Federal High Court. On October 4, as his father presided over the swearing in of his own son, it fell to the Old Students Association of Ikolaba Grammar School, which the new judge attended for his secondary education, to defend his appointment with the cringe-inducing statement that “contrary to claims in some quarters, Ariwoola Jr.’s appointment as a judge was not on the influence of his father, who is the CJN”. They lacked the standing to say this, of course, because they could not possibly know how he was appointed.

 In June 2023, the NJC convened to approve the elevation of the President of the Court of Appeal’s son-in-law. This individual has previously been appointed as a judge of the National Industrial Court of Nigerian, NICN, a mere six years earlier in 2017. 

Monday, September 25, 2023

How Nigeria’s Courts Became ‘The Lost Hope Of The Common Man’

 By Chidi Odinkalu

When Ogbonnaya Ukeje died in Lagos two days after Christmas Day in 1981, Bode Rhodes-Vivour was a 30-year-old lawyer making his way up the rungs of public service in the Ministry of Justice in Lagos State. Mr. Rhodes-Vivour had been called to the Nigerian Bar a mere six years earlier, in 1975. 

In 1989, when Mr. Rhode-Vivour succeeded Nureini Abiodun Kessington as the Director of Public Prosecutions in Lagos State, the case concerning the estate of Ogbonnaya Ukeje was already in its sixth year in the High Court of Lagos. Mr. Ukeje’s daughter, Gladys, had filed the case in 1983 to challenge her exclusion from a share in her father’s estate merely on the ground that she was female.

Monday, September 18, 2023

Mujahid Asari Dokubo And The Life Cycle Of The Law Of Rule

 By Chidi Odinkalu

On a Friday in July 2005, Bayo Ojo, a Senior Advocate of Nigeria, SAN, quietly absconded from work in an office in Victoria Island, Lagos, from where he functioned then as the president of the Nigerian Bar Association, NBA. The next working day, a Monday, he turned up in Abuja as President Olusegun Obasanjo’s fourth Attorney-General in five years. 

Less than three months after assuming office as Attorney-General of the Federation, on October 6, 2005, Mr. Ojo filed a five-count charge before the Federal High Court against Alhaji Mujahid Asari Dokubo, at the time the self-proclaimed leader of the Niger Delta Peoples’ Volunteer Force, NDPVF. Asari was also a leading member of the Pro-National Conference Organisation, PRONACO. The crimes charged included two counts of treasonable felony, two counts of running an unlawful society, and one count of publishing “a rumour…. which is likely to cause fear and alarm”.

Tuesday, September 5, 2023

Ali May Be Gone But The Bongo System Survives In Gabon

 By Chidi Odinkalu

Citizens of Gabon, the small Central African country and former bastion of French colonialism in the Congo Basin, broke out in spontaneous celebration at the news of the ouster of President Ali Bongo Ondimba, on August 30, 2023. This is the 22nd coup attempt in Africa since 2013, and the 11th successful coup across eight countries since Zimbabwe’s soldiers sacked President Robert Mugabe in 2017.

*Ali Bongo makes first public appearance after suffering a stroke 
This is also the third coup attempt in Gabon’s history and the first to succeed. The coup began on the fourth day of a nation-wide curfew accompanied by a shutdown of the airspace, borders, and the internet and shortly after Gabon’s electoral commission announced under cover of darkness that President Bongo had won another seven-year term in elections in which he allowed no observers.

Monday, August 28, 2023

Counting The Costs Of Electoral Impunity In Africa

 By Chidi Odinkalu

Towards the end of 2022, as his country began preparations towards general elections scheduled to take place in the penultimate week of August 2023, Zimbabwe’s president, Emmerson Mnangagwa, contracted an unusual bout of generosity denominated in United States Dollars. First he disbursed US$500,000 to his ministers, comprising 20 cabinet ministers, 13 deputy ministers, and nine provincial ministers supposedly as housing loans. Next, he doled out US$350,000 to directors of Zimbabwe’s Central Intelligence Organisation, CIO. The 270 members of parliament – both elected and nominated – each received $40,000. 

*Museveni and Mnangagwa

 As Zimbabwe went to the polls on August 23, it was impossible to escape the feeling that the president had bought and paid for another term in office. In locations known to be sympathetic to the opposition, mostly in the urban areas, voting materials failed to materialise, mysteriously showing up instead in very remote rural areas, thought to be sympathetic to the ruling ZANU-PF party of President Mnangagwa.

Friday, August 25, 2023

Bayonets For Democracy

 By Chidi Odinkalu

Democracy is a very evocative notion. In the name of restoring or defending it, presidents have wielded bayonets, levied war, and executed coups. On August 10, 2023 a summit of the Assembly of Heads of State and Government of the Economic Community of West African States, ECOWAS, rose from its convening in Abuja, Nigeria’s federal capital, with an explicit order for “the deployment of the ECOWAS Standby Force to restore constitutional order in the Republic of Niger”.

 The following day, the headline was “West African nations order troops to restore democracy in Niger after military coup.” But, if the idea of “ordering troops” to “restore democracy” sounds like an oxymoron, it’s because it actually is. 

Monday, July 31, 2023

The New Strongmen Of The Sahel

 By Chidi Odinkalu

In July 2013, Abdel Fattah al-Sisi, then Egypt’s army chief, sacked his benefactor and Egypt’s first democratically elected president, President Mohammed Morsi, in a military coup, installed himself as military ruler of the country and suspended the country’s constitution. And 11 months later, at the end of May 2014, the General proclaimed himself the elected ruler of Egypt, winning 93% of the votes in an election with a pre-determined outcome in which he was the only candidate with any chance of being declared winner. 

The African Union, which had previously decided that coup plotters should not use the benefit of their incumbency to confer democratic legitimacy on themselves, quickly embraced General Sisi, even making him Chair of their Assembly of Heads of State and Government in his first term four years later. 

Tuesday, July 11, 2023

In Senegal, The People Have Foiled A Constitutional Coup

 By Chidi Odinkalu

On July 3, 2023, Senegal’s president, Macky Sall, in power since 2012, publicly renounced his aspiration for a constitutionally prohibited third term, sparking asynchronised outbreak of ostentatious back-slapping. Nigeria’s former president, Goodluck Jonathan, convener of the impressively-named, West African Elders Forum, WAEF, fired off a letter describing Macky Sall as a paragon of “sacrificial leadership”. Chairperson of the Commission of the African Union, Moussa Faki Mahamat, was full of “admiration for statesmanship which privileged Senegal’s interests.”

Describing President Sall’s announcement as an act of “courage, humility, and deep faith in Senegalese democracy”, Executive Director of UNAIDS, Winnie Byanyima, claimed that he had told her in confidence two years ago that “he was not going to run for a third term but that he would announce this towards the end of his term.”

Monday, July 3, 2023

A Half Century Of Banditry In Nigeria

 By Chidi Odinkalu

Since well before Nigeria’s return to elective governance in 1999, the country has been overtaken by a progressive escalation of what Hannah Arendt in her classic On Violence called “a massive intrusion of criminal violence into politics”. In contemporary Nigerianism, the word for this is “banditry”. 

“Bandits” is a conveniently capacious bogeyman for insecurity in Nigeria that precludes necessary questions as to the provenance of the descent into lawlessness. It captures diverse elements that may include terrorists, cultists, herdsmen, kidnappers, criminal gangs, and militants. 

Monday, May 22, 2023

As Nigeria Prepares For The Zoom Presidency

 By Chidi Odinkalu

Having gone to London to watch the crowning of England’s King Charles III earlier this month, a friend joked last week, that President Muhammadu Buhari extended his stay so his dentist could crown his teeth. That was how he read the line from the Presidency that Buhari had stayed back in London for a dental procedure.

*Buhari and Tinubu 

Ten days before the end of his presidency, on his return to Nigeria, Buhari commissioned the Presidential Wing of the State House Medical Centre, SHMC. Estimated to be worth N21 billion, this project provides an insight into the mindsets of Nigeria’s higher-ups. 

Monday, April 17, 2023

In Nigeria, Owners Of The Killers Are Back With Impunity!

 By Chidi Odinkalu

Mbabai, the village where Tarnongo Mike Utsaha was buried on April 1, 2023, used to be part of the municipality of Makurdi, the capital of Benue State. It only became part of Guma Local Government Area in Benue North-West in 1987. Current governor of Benue State, Samuel Ortom, also comes from Guma.

The LGA derives its name from River Guma, which empties into the River Benue, part of a network of fresh water sources that have historically defined that part of Nigeria as the nation’s food basket. With arable land drained by an abundance of freshwater sources on the foothills of the rainy season, this is a neighborhood that should ordinarily bustle at this time of year.

Thursday, February 16, 2023

Rangers International And The Allure Of Soft Power

By Chidi Odinkalu 

“It was as if the football club wanted to regain through foot­ball what the Igbo ‘lost’ during the war.” – Segun Odegbami, MON


Nearly every Nigerian who was alive then remem­bers where they were at the end of 1976 when Al­yufusalam Rocks met Enugu Rang­ers International in the finals of what was then known as the Chal­lenge (Football Association) Cup. With a history going back to the Governor’s Cup, the first finals of which took place on 7 November, 1945, the Challenge Cup was the premier knock-out competition in Nigerian football. Although strict­ly inferior to the football league, the win-or-go-home traditions of the Challenge Cup captured pub­lic imagination in a way that the league did not.