Nigeria: When The Chief Justice Brings The Judiciary To Ridicule

 By Chidi Odinkalu

On February 27, 2024, Nigeria’s National Judicial Institute, NJI, in Abuja opened a continuing education course for judges. The opening featured an address by the Chief Justice of Nigeria, CJN, Olukayode Ariwoola, who invited the participants to eschew “unethical conduct that could expose the judiciary to ridicule.” Beneath his text, it seemed as if the Chief Justice desired to warn the participants to stay away from interfering with a brief that he has chosen to make entirely his own. Under his watch, judicial appointments in Nigeria have become farcical.

*CJN Olukayode Ariwoola

 The fortnight before this address, it emerged that the CJN’s daughter-in-law, Oluwakemi, was at the top of a list of 12 nominees to fill judicial vacancies in the High Court of the Federal Capital Territory, FCT. In the preceding six months, he had also appointed his son, Kayode Jr., as a judge of the Federal High Court; elevated his nephew, Lateef, to become a Justice of the Court of Appeal; and made his own blood brother, Adebayo, the auditor of the National Judicial Council, NJC, which he chairs in his capacity as the CJN. With this CJN’s retirement from office due on August 22, 2024, the concerted effort to anoint his daughter-in-law to the bench would presumably showcase his credentials for gender equity within his family. Let’s not digress though.

Urban Legend And Durable Insecurity In South-East Nigeria

 By Chidi Anselm Odinkalu

On July 17, 2012, Peter Obi, then Governor of Anambra State, swore in five new commissioners. One of them was Chike Okoli, whom he assigned to the Ministry of Science and Technology where he would serve as commissioner until the expiration of Mr. Obi’s governorship tenure in March 2014. Two months later, around May 21, 2014, Chike set out from the state capital in Awka to Nanka, his village in Orumba South Local Government Area (LGA) of the state. He never got there.

Somewhere in Agulu, not far from Nanka, Chike’s car was reportedly intercepted by men in a Sports Utility Vehicle (SUV), who abducted him. Despite having much of their ransom demand of N16 million met, Chike has not been seen or heard from since then. It was widely reported at the time that Chike was “abducted by unknown gunmen.”

Muhammadu Buhari And The Tragedy Of The Long Grudge

 By Chidi Anselm Odinkalu

On December 31, 1983, Sani Abacha, then an unknown brigadier in the Nigerian Army, went on radio to announce the overthrow of the elected civilian administration of President Shehu Shagari, claiming that the military had done so “in the discharge of our national role as promoters and protectors of our national interest” because of “the great economic predicament and uncertainty, which an inept and corrupt leadership has imposed on our beloved nation”.

*Buhari 

The following day, Nigerians learnt that the new military regime was to be led by Muhammadu Buhari, a wiry major-general with a reputation for asceticism, serving as the general officer commanding (GOC) the Third Division of the Nigerian Army in Jos. Commissioned into the Nigerian Army in January 1963 following training at the Mons Officer Cadet School in Aldershot, England, Buhari was not just the most senior among the officers involved in the coup, he was also the most experienced. His contemporary and would-be nemesis, Ibrahim Babangida, who emerged as the chief of army staff, was commissioned eight months later, in September 1963.

The First Fruits Of A Crooked INEC

 By Chidi Anselm Odinkalu

Evidence of the scope of the mess created by Nigeria’s Independent National Electoral Commission (INEC) under the leadership of Mahmood Yakubu began to emerge this past week. It all suggests network egregiousness on a monumental scale that easily rivals the elections of 2007, until now seen as the nadir in Nigeria’s journey of elective governance.

*Yakubu

As the National Judicial Council (NJC) released the names of the 257 judges who will sit to consider and decide on elections petitions around the country beginning in May 2023, it emerged this past week that so far 1,044 petitions have been filed against results declared by the INEC in the 2023 elections. That is already more than 70% of the 1,490 seats contested and it appears that these are not the final numbers.

For Africa, Why Sudan Matters

 By Chidi Anselm Odinkalu

There are two countries whose well-being and stability reach nearly every part of Africa. One is the Democratic Republic of Congo (DRC), which is nominally in the Central African region but which shares borders with nine countries extending to all of the continent’s four other regions – Angola, Burundi, the Central African Republic, the Republic of the Congo, Rwanda, South Sudan, Tanzania, Uganda, and Zambia. Unsurprisingly, the DRC is in the regional organisations of every region of Africa except those of North and of West Africa.

The second is Sudan. With a current landmass of 1,886,068 km2 Sudan is nearly double the size of Nigeria and the third largest country in Africa behind only Algeria and the DRC.

As Nigeria’s Judges Get Set To Begin Voting

 By Chidi Anselm Odinkalu

This week, the opening salvo will be fired to signal the onset of the final round of voting in Nigeria’s electoral marathon. This is not a reference to the state-level ballots that occurred around the country on Saturday, March 18. I refer instead to something far more consequential.

Democracy may be about choices and decisions by citizens in theory. As practised in Nigeria, however, citizens are mostly spectators. In every election, Nigeria’s judges have the final votes.

Nigeria: Supreme Hooliganism?

 By Chidi Anselm Odinkalu

In June 2020, Malawians took to the streets and the judges joined to resist the attempt by President Peter Mutharika to fire Chief Justice Andrew Nyirenda in order to enable him rig a presidential re-run. The people trusted the Chief Justice more than the president, so they got rid of the president in order to keep the Chief Justice. One month later, in Mali, an uprising began when an unpopular ruling party used the Constitutional Court to rob the opposition of its victories, eventually leading to the dissolution of the court and a military coup.

Judicial immersion in political disputes is hazardous and judges called upon to do it have a clear choice to either resist importunations that compromise their authority or canoodle with the politicians at the risk of irremediable damage to judicial office. Nigeria’s Supreme Court appears to have made its choice and the consequences are unflattering.

Kill All The Lawyers

 By Chidi Anselm Odinkalu

“The first thing we do, let’s kill all the lawyers” – William Shakespeare, Henry VI, Part 2, Act IV, Scene 2

Tamuno Igbikiberebima is an unlikely star in an action movie. He is a lawyer employed with Nigeria’s national hydro-carbons monopoly. On 17 December, 2020, Tamuno was home in Rumuigbo, in Obio/Akpor Local Government Area (LGA) of Rivers State, in Nigeria’s Niger Delta, contemplating Christmas in the season of COVID-19 and on his phone in front of the gate into his premises, when a Toyota Camry car pulled up beside him.

From the bowels of the car, a young man emerged armed with what the police later confirmed to be an AK-47 rifle and ordered him into the car. Tamuno had the presence of mind to ask why, to which the young man reportedly responded that his mission was to waste him. Tamuno takes the story from here:

“When I noticed how he was handling the gun, it appeared to me that he is not proficient in gun handling. I told myself that ‘ordinarily one-to-one this man cannot beat me.’ ….When he faced the nozzle of the rifle down trying to cock the gun, I started struggling with him.

Concerning Buhari’s National Honours 2022

 By Chidi Anselm Odinkalu

At the beginning of August 2022, President Muhammadu Buhari constituted a nine-member National Honours Nominations Committee with a four-year tenure. It is chaired by Alhaji Sidi Muhammad Bage, the senior judge who resigned from Nigeria’s Supreme Court in 2019 to become the Emir of Lafia in Nasarawa State.

*2022 National Honour: Buhari decorates Lawan 

The Minister for Special Duties and Inter-Governmental Affairs, George Akume, inaugurated the committee on September 16 with the mandate “to screen and select eminent Nigerians and friends of Nigeria, who have contributed to the development of the country.”

In what would have been a record of unprecedented efficiency in the annals of such committees, a list emerged a mere fortnight later of recipients of national honours. Among the recipients, it listed the Emir of Lafia, himself the newly inaugurated chair of the National Honours Committee, for one of the highest honours – Commander of the Federal Republic (CFR).

Can INEC Organise A Credible National Election?

 By Chidi Anselm Odinkalu

The electoral landslide of President Shehu Shagari’s National Party of Nigeria (NPN) in 1983 unfolded in instalments over different sites of improbable magic across Nigeria. This did not occur in one day. It involved the manipulation of the entire value chain of election administration over the cycle of four years from 1979 to 1983. It was both willful and methodical.

After squeaking through a very tight field in 1979 with a mere 36% of the votes and not a small helping hand from the judicial arithmetic of the Supreme Court, the NPN in power set about ensuring that they were not left in 1983 to the mercies of any judges. For the party, this meant they had to find a way to wrestle some significant territory off of the hands of Obafemi Awolowo and the UPN in south-west Nigeria. If they did not have living voters, then they had to invent voters by some means.

National Assembly’s Best Option Is To Impeach Buhari

 By Chidi Anselm Odinkalu

This past week, education came to a halt in Abuja, Nigeria’s Federal Capital Territory, FCT. It began with the order by the Minister of Education, Adamu Adamu, on July 25 closing down all six Federal Government Colleges (better known as Unity Schools) in the FCT while the students were in the middle of their end of year examinations.

*Odinkalu

The reason for this order, according to the Minister, was “a security breach on Sheda and Lambata villages, suburbs of Kwali Area Council which also threatened FGC Kwali”. He provided no details as to the nature or extent of the “security breach”.

In a separate announcement issued on the same day, the Education Secretariat of the FCT summarily informed “parents and guardians that the 2021/2022 academic calendar for FCT schools will come to an end on Wednesday, July 27, 2022”. They did not much care to provide any justification for this measure. The assumption that the reason for the closure of all schools in the FCT was the same as that cited by the Minister of Education when he closed down the Unity Schools, does not necessarily explain the two more days of grace given by the FCT administration to all the other schools in the FCT.

Deborah’s Immolation: All Religion And No Faith

 By Chidi Anselm Odinkalu

Cordelia Ego Ejiofor died like no one should, clobbered to death by her employer. Her dead body was never found. Around December 3, 1972, Alhaji Rauph Gaji, a senior lawyer in Kaduna beat Cordelia to death in his own house.

Late Deborah Yakubu

He drove her remains to the outskirts of the city and disposed of them at a location along Kachia Road, where, months later, scanty human remains were located after Alhaji Rauph led Police to where he said he disposed of her body.

Mamman Nasir, like Alhaji Rauph, a Muslim, prosecuted the case to a conclusion, securing a conviction for manslaughter, which the Supreme Court affirmed on Friday, May 23, 1975.

If this case happened today, Cordelia’s killer would never have been brought to account. Her scanty remains would not have drawn any attention. Cordelia’s killing would hardly have merited the attention of the justice system and Mamman Nasir would have come under unbearable pressure not to prosecute a fellow Muslim for this killing.

Nigeria, A Country With Too Many Sovereigns

 By Chidi Anselm Odinkalu

Colonial rule in Nigeria was conducted through Indirect Rule. It was a system of “native administration” patented in Northern Nigeria, which became the model exported by the British across their colonies. For all practical purposes, this system of government gave to most Emirs and other rulers in Chiefly communities, “more power than they had in pre-colonial days.” 

*Allen Onyema 

The result was the establishment of “native states” at the top of which sat these local potentates, many of whom enjoyed powers of life and death over their kinsfolk. The end of colonial rule did not much change this as they reached working accommodation with the post-colonial elite for self-preservation. Powered by twin failures of both leadership and nation building, the result in Nigeria, where it all began, is one country with a multiplicity of sovereigns.

The on-going dispute between the Emir of Kano, Alhaji Aminu Ado Bayero, and Air Peace, a private airline in Nigeria, dramatises this. The claim on behalf of the Emir is that he flew Air Peace from Banjul, The Gambia to Nigeria, on February 24, landing in Lagos about 05:45 hours. He was at the head of a ten-person traveling party who had a connecting flight to catch to his home in Kano, north-west Nigeria scheduled for 06:15 hours the same morning, a mere 30 minutes after they landed. Five out of the ten members of the Emir’s traveling party were business class passengers.

Soludo And The Challenge Of Managing Expectations

 By Chidi Anselm Odinkalu

“She said he made love to her like an intellectual. In the political jargon of those days, the word ‘intellectual’ was an insult. It indicated someone who did not understand life and was cut off from the people.” – Milan Kundera, The Book of Laughter and Forgetting, p. 6 (1978)

*Soludo

Months before assuming office, Governor-Elect of Anambra State, Chukwuma Charles Soludo, has done a world of service to perceptions of south-east Nigeria and traditional ideas of politics in the region.

As Anambra State Confronts An organized Crime Family

 By Chidi Anselm Odinkalu

On 6 November, 2021, Anambra State, at 4,844 km² the second smallest state by landmass in Nigeria – Lagos State with 3,577 km² is the smallest – is scheduled to go to the polls to elect a new governor. Preceded by no campaigns or debate and defined by an orgy of mass murder, this Anambra election will go down as one of the most disembodied in Nigeria’s recent history. It is a battle between those who see elections as a game of numbers (no matter how procured) and those who seek to ensure that elections are based on credible counting and accounting.

This election is a defining battle for the future of (south-east) Nigeria. If Anambra produces a governor who, like the one in neighbouring Imo State, is manifestly without legitimacy, there will be no end to the crisis in that part of Nigeria. To understand why this is so, it is essential to recap the story of how Anambra’s governorship elections went off-cycle because it presents a resilient cast of characters that represent a dominant strain of criminal impunity in electoral politics in Nigeria.

Ken Nnamani: The Man Who Sold His Conscience

 By Chidi Anselm Odinkalu

Kenechukwu (Ken) Nnamani, trustee of the ruling All Progressives Congress (APC), and leader of the party in South-East Nigeria is about to embark on a book tour with a story about how he, as Senate President in 2006, stood between a rampant President Olusegun Obasanjo and a constitutionally impermissible Third Term.

                   *Ken Nnamani (2nd left) greets President Buhari 

His book is impressively titled Standing Strong. The story would ordinarily be a bestseller if its release was not timed to coincide with the Anambra State governorship election in which Ken Nnamani leads the charge on behalf of Andy Uba, the candidate of the APC, who was coincidentally Obasanjo’s bag-man for Third Term. What Ken seeks to do is plainly grubby and disreputable and he needs to be told so in clear terms.

As Buhari Fights Corruption Without A Strategy

By Chidi Anselm Odinkalu  

President Buhari’s much-advertised fight against corruption has degenerated into a demolition derby. As happened with many previous efforts to fight corruption in Nigeria, different outposts of power and influence in the president’s coterie appear determined to use anti-corruption as a cover to settle intra-palace scores.

*Buhari 

The Economic and Financial Crimes Commission (EFCC), headed by an acting chairman, is pursuing the prosecution of the President of the Senate before the Code of Conduct Tribunal (CCT). While those proceedings end, the Senate, whose President is accused of corruption by the EFCC, has declined confirmation of the acting Chairman of the EFCC, citing a report by the State Security Service (SSS), which accuses the nominee of abuse of power and of human rights. These allegations of human rights abuse against the EFCC’s acting Chairman are made without any hint of irony by an SSS that has earned a dismal reputation for respecting only court orders that it likes or in favour of only those it approves of.

Meanwhile, the judiciary, many of whose senior-most officers have become objects of ridicule at the instance of the EFCC and the SSS, must somehow bring itself to arbitrate with a straight face the winners and losers in this squalid mess.

To some, this report card is evidence that there are no sacred cows in this “fight” against corruption. It is indeed easy to mistake injury for progress when the goals are unclear and a strategy is non-existent. There surely is a fight but it is increasingly difficult to sustain the idea that it is President Buhari’s fight or indeed a fight for the interest of Nigerians.

To be sure, this is not the first time an administration will be up-ended by those supposed to implement its proclaimed commitment to fighting corruption. In 1970, General Yakubu Gowon declared that he would “eradicate corruption” from Nigeria within six years. It was an impossible mission proclaimed with the starry-eyed certitude of a 35 year-old intoxicated with power unmitigated by experience. Four years later, Godwin Daboh, instigated, it was suspected, by then Governor of Benue-Plateau State, Joseph Gomwalk, published an affidavit listing sundry allegations of corruption against Gowon’s Communications Minister, Joseph Tarka. Gowon’s indecisiveness turbo-charged the allegations. By the time Tarka was eventually forced to resign, Gowon’s commitment to fighting corruption looked terminally hypocritical. Less than one year later, Murtala Muhammed intervened to put the Gowon regime out of its misery.