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.
In January
1992, Justice Moni Fafiade, who became a judge of the Lagos High Court in 1983,
the same year the case originated, delivered judgement in Gladys Ukeje’s case.
The case lasted nine years in the High Court alone. Bode Rhodes-Vivour was
still a Director in the Lagos State Ministry of Justice.
Two years later, in 1994, when
Bode Rhodes-Vivour was appointed a judge of the High Court of Lagos, the appeal
by Gladys Ukeje’s family against the decision of the High Court of Lagos in her
favour had been pending in the Court of Appeal for two years.
In 2005, five years after the
first brief of argument was filed in the Supreme Court Appeal in Gladys Ukeje’s
case, Justice Bode Rhodes-Vivour was elevated from the High Court of Lagos to
the Court of Appeal. By the following year, in 2006, all the parties had filed
their briefs of argument.
Four years later, when Justice
Bode Rhodes-Vivour arrived the Supreme Court, after a five-year sojourn on the
bench of the Court of Appeal, the Supreme Court appeal in Gladys Ukeje’s case
had been pending for over a decade.
On April 11, 2014, thirty-one
years after the case was filed in the High Court of Lagos, 20 years after he
was first appointed a judge, and four years after his elevation to the court,
Justice Bode Rhodes-Vivour delivered the judgement of the Supreme Court
upholding the right of Gladys Ukeje to a share in her father’s estate.
By this time in 2014, Ahmed
Lawan was already something of a phenomenon in Nigerian politics. In 1999,
Lawan arrived the National Assembly as the member representing the proud people
of Bade/Jakusko constituency of Yobe State in the House of Representatives. He
was a member of the All Nigerian Peoples Party, ANPP. In 2007, after two terms
in the House, Lawan was elected to the Senate by the people of Yobe North
Senatorial Zone. In 2019, twenty years after his arrival at the National
Assembly and having logged the record for the most durable parliamentary career
in Nigeria’s history, Ahmed Lawan became the 14th president of Nigeria’s
Senate.
In this capacity, Ahmed Lawan
was, officially, the third most powerful man in the country. If he desired to
extend the duration of his improbable political longevity, Lawan had few
realistic options. As the 2023 election season approached, he made his bid for
a ticket to the presidency on the platform of the ruling All Progressives
Congress, APC, of which he was a founding member. When the final tally was
announced on June 8, 2022, Lawan lost out in the contest, coming a distant
fourth.
Eleven days earlier, on May 28,
the APC had organised the primaries for the Senate. In Yobe North, the seat
that Lawan occupied in the Senate, the winner of the primaries was Bashir Machina,
a rich businessman and politician, who had also served in the cabinet at the
state level. However, as soon as the presidential primaries concluded, a
concerted effort began to deny Machina the ticket in favour of Lawan.
To
forestall this, Machina sued on June 22, 2022 in the Federal High Court in
Damaturu, the capital of Yobe State, asking the court to affirm the outcome of
the senatorial primaries that he won. Three months later, on September 28, the
High Court rendered judgement. By the beginning of December, the Court of
Appeal had also issued judgement, and on World Anti-Corruption Day, December 9,
2022, the case arrived the Supreme Court. In less than two months, on February
6, 2022, the Supreme Court issued judgement, implausibly declaring Lawan the
winner of senatorial primaries that he did not participate in.
This kind of status-indexed
shunt granted to political higher-ups like Ahmed Lawan by Nigerian courts is
mostly manufactured or enabled by the judiciary. It is now crippling Nigeria’s
courts and the irony is that the only people in the position to end it are the
ones complaining.
When he inaugurated a cohort of
72 new Senior Advocates of Nigeria, SANs, on December 8, 2021, then Chief
Justice of Nigeria, CJN, Tanko Muhammad, reported that 33 or nearly five per
cent of the 681 cases considered by the Nigerian Supreme Court during the year
were “political cases”. This was rather a curious category to maintain or
report on. Judicial doctrine ordinarily views political cases with reluctance.
Nigerian law knows nothing of the sort.
It knows of election petitions
as are contests over the outcomes of elections, mostly governed by the
Electoral Act, which prescribes strict time limits for their disposal. Most
likely, this is a category of cases instituted by Nigeria’s politicians seeking
to judicialise intra-party squabbles over the spoils of political plunder.
Increasingly, it seems these have become the mainstay of judicial enterprise in
the country.
Last week, as he swore-in nine
newly appointed Justices of the Court of Appeal, current CJN, Olukayode
Ariwoola, reinforced the complaint from the judges that “political cases are
taking a monumental toll on our dockets”.
Gladys Ukeje and Ahmed Lawan are
both Nigerians. One is female, the other is male. The former is from the South,
while the latter is from the North. They both journeyed memorably through
Nigeria’s courts, ending up in the Supreme Court with remarkably different
experiences. For Gladys, the journey began in Lagos; for Lawan, it began in
Damaturu, Yobe State. For Gladys, the journey from the High Court to the
Supreme Court took over three decades. For Ahmed Lawan, it was less than eight
months.
By assigning priority to
“political cases” in a manner that grants swift access to courts for politicians
like Ahmed Lawan but no exit from courts to ordinary citizens like Gladys
Ukeje, Nigeria’s judiciary sustains a two-track judicial system by which it
puts the interests of politicians above those of the citizens whom they are
meant to serve. It also encourages the twin evils of undue judicialisation of
politics and the politicisation of the judiciary. It is little wonder that some
have resorted to describing Nigeria’s courts as the “lost hope of the common
man”.
By consecrating an Ahmed Lawan
into an indispensable citizen while at the same time making a Gladys Ukeje into
the expendable citizen, Nigeria’s judges have turned citizens into manure to
feed the whims of politicians as a matter of law.
This juxtaposition is everything
that is wrong not merely with Nigeria’s courts but with the country and its
governance. The country has been judicially rendered in hock to big men. When
courts become captured for the purpose of exclusively enabling the whims of big
men, they lose the authority of judicial office.
The solution to this is in plain
sight. If Nigeria’s judges were to insist on politicians taking their place on
the queue of judicial dysfunction, like every other citizen, they will be
forced to either find a way to fix the judiciary or else fix their internal
party dysfunctions and spare the judiciary from being captured by and for
“political cases”.
*A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu
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