140 Years After The Berlin West Africa Conference

By Chidi Odinkalu & Chepkorir Sambu

Described by one scholar on its centenary as “perhaps the greatest historical movement of modern times”, the Berlin West Africa Conference began shortly after noon on 15 November 1884. Interrupted only by a short break at the end of the year and the beginning of the next, historian, Adu Boahen, records that the conference ended on 31 January 1884. 

On 26 February 1885, the powers gathered at the conference ratified the General Act of the Berlin Conference, which embodied their agreements. The week before the ratification of the General Act, according to historian, Godfrey Uzoigwe, the Lagos Observer newspaper lamented that “the world had, perhaps, never witnessed a robbery on so large a scale.”

How Two Josephs Gave Nigeria A Crisis Of Jumpy Judges

 By Chidi Odinkalu

The unraveling of the regime of General Yakubu Gowon shortly after the end of Nigeria’s civil war in the decade of the 1970s began as a tale of two Josephs. One was Joseph Dechi Gomwalk, Gowon’s in-law and governor of his home state. The other was Joseph Sarwuan Tarka, one of Gowon’s trusted Ministers. It made for a riveting political spectacle whose legacies have proved durable. 

*Gowon 

In 1974, General Gowon, who had led Nigeria through a 30-month-long civil war, was into his eighth year as military head of state. It was four years after the end of the civil war and the country comprised 12 states. Although he grew up in Zaria, Gowon was Angas, a minority ethnic group in what was then known as Benue-Plateau State, whose military governor was Police Commissioner Joseph Gomwalk. He was also related to Gowon by marriage. 

Bako, The Bandit Historian!

 By Emeka Obasi

Genocide does not happen in one day. It is triggered by individuals with skewed minds raging with hate and spewing evil through their speeches, body language or pen. Ahmed Bako should prepare for summons by the International Criminal Court (ICC).

Bako, who taught History at the Usman Danfodiyo University Sokoto used what should have been his Valedictory Lecture but was tagged the institution’s 50th Inaugural Lecture to descend on the Igbo. He painted them as Diaspora in Kano, killers of Sardauna, and separatists, whose aim from the beginning was to use education to dominate.

Africa’s Continental Criminal Court Can No Longer Wait!

By Chidi Odinkalu

Less than a decade ago, the detention centre of the International Criminal Court, ICC, in Scheveningen on the outskirts of The Hague could easily have been mistaken for a committee meeting of leaders of the African Union. One of its long-term guests was Laurent Gbagbo, a former president of Côte d’Ivoire. From neighbouring Liberia, Gbagbo’s contemporary, Charles Taylor, kept up a punishing schedule on the tennis courts of the facility. With them there also was former Vice-President of the Democratic Republic of the Congo, DRC, Jean-Pierre Bemba. 

In Nigeria, Judicial Appointments Have Become Network Of Corruption

 By Chidi Odinkalu

“Fools at the top would cause damage to any system not to talk of the fragile institutions of a fledgling democracy.”—Charles Archibong, A Stranger in Their Midst: A Memoir, 97 (2021)

In the last week of April, 2024, Chief Justice of Nigeria, CJN, Olukayode Ariwoola, co-convened and chaired a “National Summit on Justice” in Abuja, Nigeria’s federal capital. Addressing the participants “with a profound sense of responsibility”, the CJN invited them “on a journey of comprehensive reform to ensure that justice is not only dispensed but also perceived to be dispensed fairly and impartially.” More specifically, he asked them to identify “gaps and inconsistencies that hinder the efficient administration of justice.”

No issue is as afflicted with such gaps in knowledge and inconsistencies of practice and yet so dispositive of outcomes in justice administration as judicial appointments in Nigeria. Yet, it is the one area about which little is public and debate is discouraged.

Yahaya Bello: The Bully As A Coward

 By Ikechukwu Amaechi

It is a settled axiom: All bullies are cowards. Hurting and scaring those who are weaker is not bravery and despite their braggadocio, bullies only prey on the weak using aggression and intimidation to cover up their own feelings of inadequacy and fear. 

*Bello

Former Kogi State governor, Alhaji Yahaya Bello, has proven that axiom, once again, to be eternally true. Who would have ever thought that the self-acclaimed ‘White Lion’ will ever be afraid of anything or anybody? In the eight years that he superintended over the affairs of Kogi State, he carried on like an Emperor. 

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.

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. 

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. 

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.

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.

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.

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.

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.”

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. 

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.

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”.

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.

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.

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.