Showing posts with label Nigerian Supreme Court. Show all posts
Showing posts with label Nigerian Supreme Court. Show all posts

Wednesday, January 24, 2024

Nigeria: The Creeping Celebration Of Vanity: The JAMB Question

 By Owei Lakemfa

My experience in highbrow Asokoro on Friday, January 19, 2024 was like a nightmare. I had an important appointment and I felt comfortable I was going to be some 40 minutes early. Then it happened: blocked roads in the narrow streets. That was when it dawned on me this was the day the Supreme Court delivered its verdict on gubernatorial elections in some eight states. Now, Asokoro is where the Governors have their lodges in the nation’s capital, and some with their supporters had blocked the roads.

I was, like many motorists, trapped, but just when I thought I had extricated myself, the worse happened: Nasarawa State Governor Abdullahi Sule and his supporters were celebrating further down, and the road was completely blocked. There was no escape. While they celebrated in Abuja, there were protests and bonfires in the state. At the end of the wild celebrations, Governor Sule told the press at the Presidential Villa that those protesting in his state were just “1,000 people (who) are protesting somewhere”.

Thursday, January 18, 2024

In Kano, Plateau, Zamfara, Supreme Court Simply Dodged A Bullet

 By Ikechukwu Amaechi

Since the Supreme Court reversed the Appeal Court judgements that sacked Kano State Governor, Kabiru Yusuf; Caleb Mutfwang of Plateau State; and Zamfara’s Lawal Dauda, many Nigerians, characteristically, have been ululating about how the judiciary has redeemed itself. Those wishing to cut the apex court a bigger slack talk about how the Supreme Court has redeemed the image of the judiciary.

Some have even stretched the inane adulation by claiming, rather ludicrously, that the verdicts are a veritable proof of President Bola Tinubu’s democratic credentials because it must take the non-interference of the president for the judiciary, a supposedly independent arm of government, to do the needful.

Wednesday, December 6, 2023

Supreme Court Verdict: Tinubu Is The Diego Maradona Of Nigerian Politics

 By Olu Fasan

Professor  Wole Soyinka, Africa’s first literature Nobel laureate, published his critically-acclaimed novel, Chronicles From the Land of the Happiest People On Earth, in September 2021. So, he probably didn’t have the 2023 presidential election and Bola Tinubu, who emerged president, in mind when he wrote the book. However, reading the novel, one gets the impression that Professor Soyinka foreshadowed the election and its aftermath.

*Soyinka and Tinubu 

In a post-publication interview with the Financial Times, Professor Soyinka said he wrote the book “to confront Nigeria with its true image”. Indeed, Sir Ben Okri, the recently knighted Nigerian-British writer, described the book as Soyinka’s “magnus opus on the state of his homeland”. Of course, when someone writes a novel, he or she has no control over how the reader interprets it, more so when the novel is verisimilitude, having an appearance of reality. Therefore, for me, Professor Soyinka’s novel provides a powerful framework for analysing the 2023 presidential election, the Supreme Court verdict and Tinubu. 

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 2, 2023

Nigeria: Justice For Sale?

 By Ebun-Olu Adegboruwa

Increasingly but alarmingly, it is gaining ground that Nigerians now believe that justice is for sale. This position seems to be gaining ground increasingly. Is it possible to buy justice? Is it true that some politicians have all manners of mobile injunctions already typed and prepared, stocked in their portfolios and they just bring them out to suit any occasion?

Can it be true that there are some judges who have been earmarked for such jobs as issuing out any order, injunction or judgment? Can it ever be said that parties before a court of law can know their fate even before the case starts?  

Thursday, September 14, 2023

PEPC Judgement: The Verdict Can Destroy Presidential Democracy In Nigeria

 By Olu Fasan

Last week, I put everything aside to watch the ruling of the Presidential Election Petition Court, PEPC, from start to finish! With rapt attention, I picked up the minutiae of the extremely detailed verdict. But after the 13-hour-long ruling, I was utterly despondent about the future of presidential elections in Nigeria. 

*The 2023 PEPC Judges 

Let me start with two general observations. First, the judges worked to a predetermined answer. Because they couldn’t bring themselves to invalidate the election of a sitting president, unprecedented in Nigeria, they found every reason to affirm Bola Tinubu’s election. Courts of first instance are fact-finding courts that seek to get to the bottom of a matter and do justice. But the PEPC used every conceivable procedural technicality to reject virtually all the facts and witnesses presented by Peter Obi and Atiku Abubakar.

Tuesday, September 12, 2023

Help! Tribunals Are Hurting Democracy

 By Andy Ezeani 

Let no one deceive anyone; the processes and structure of democracy in Nigeria are presently in grave danger. There is no exaggeration in talking of a democracy in intensive care unit (ICU) at the moment. The danger is clear, present and escalating by the day.

Unless there is a quick, drastic containment of the excesses that have seized the democratic process in the country, no special gift of clairvoyance is needed to predict an imminent debacle. Smothering the pervasive voices of discontent and disapproval at the widening corrosive abuse of the system, as seem to be the strategy of the powers that be, can last but for a short while.

Thursday, August 24, 2023

War With Niger? Tinubu Is Playing Reckless Macho Politics

 By Olu Fasan

It is a truism that a country’s foreign policy is the reflection of its domestic circumstances. A country that faces huge economic, political and security crises at home would be foolhardy to prosecute a war abroad. Furthermore, a robust foreign policy depends on domestic support. Thus, it’s utterly reckless and dangerous for a president to take his country into a foreign war without the endorsement of the legislature and understanding of critical domestic constituencies! Yet, that’s what Bola Tinubu, Nigeria’s new and sophomoric president, seems intent on doing in response to the military coup in Niger Republic.

*Tinubu

Since the coup in July, which removed President Mohammed Bazoum from power and installed General Abdourahamane Tchiani as head of state, Tinubu has talked tough, vowing that “all means will be used to restore constitutional order in Niger”. Under his leadership as chairman of the Economic Community of West African States, ECOWAS, the organisation gave the junta a week’s ultimatum to reverse the coup. When that failed, ECOWAS ordered the “deployment” of a “standby force” to invade Niger. Now, it’s said to have agreed a “D-Day” for military action!

Tuesday, August 8, 2023

Road To Economic Recovery And Development In Nigeria

 By Osilama Emmanuel Osilama

I will like to call on the President, Bola Ahmed Tinubu, his executive arm, and the new National Assembly legislators to seriously consider the urgent review and possible amendment of the Land Use Act that is over 40 years old and no longer useful to our present day economy. This will open up the real estate market to an endless possibilities of the huge capital of internally generated revenue that have been locked up in the space for so many years because of the provisions as decreed and enacted in the Land Use Act.

The truth is that our country is not getting the right value from her real estate sector and until our government takes deliberate steps in the right direction nothing will change. It is estimated that Nigeria holds between $ 300 billion to $ 900 billion of dormant capital in residential and agricultural land, while the high-value real estate market segment holds as much as $ 750 billion of value that can be unlocked.

Thursday, June 22, 2023

El-Rufai’s Wish For An ‘Islamic Republic Of Nigeria’

 By Olu Fasan

Mallam Nasir el-Rufai is an unrepentant religious bigot; a militant Islamic supremacist, who believes Islam is superior to Christianity and should be privileged in national leadership. He doesn’t just hold these views, he actively pursues them. As governor of Kaduna State for eight years, until May this year, El-Rufai ran an Islamic government, with a Muslim-controlled administration, despite the state’s large Christian population.

*El-Rufai 

Now, out of office, he prides himself on installing a successor on a Muslim-Muslim ticket, and entrenching Muslim dominance of Kaduna State governance. More significantly, El-Rufai boasts of foisting his Kaduna State Muslim-Muslim leadership model on Nigeria, and warns Nigerians to brace themselves for a prolonged Muslim leadership of this country

Friday, June 16, 2023

Resolving Abuja’s Real Status Is Overdue!

 By Tonnie Iredia

Former Senate President Lawan’s senatorial nomination bid and the earlier Imo State Governorship election are two recent cases whose controversial outcomes have continued to annoy many people including retired and serving judges. A third case that may have such lasting impact is the controversy concerning what a candidate must score in Abuja, the Federal Capital Territory as a condition for becoming president.  

According to Section 134 of the Nigerian Constitution 1999, a candidate can only win a presidential election in Nigeria if he scores majority of votes at the election which must in addition not be “less than one quarter of the votes cast at the election in each of at least two-thirds of all the states of the Federation and the Federal Capital Territory Abuja.”

Thursday, June 15, 2023

‘Democracy Day’: The Deception And Betrayal Of ‘June 12 Activists’

 By Olu Fasan

General Ibrahim Babangida erred tragically and did a great disservice to Nigeria by annulling the presidential election of June 12, 1993. But nothing has deepened the wounds more than the deception and betrayal of the so-called “June 12 activists”, who turned the annulment into a self-serving political lodestar and built their political careers around it, yet bastardised the spirit of the June 12 election by acquiring power through a deeply flawed presidential poll that violated universal rules of credible elections.


*MKO Abiola 

Earlier this week, General Babangida said the “gains” of the June 12, 1993 presidential election were squandered in succeeding elections. He told journalists: “It was adjudged the freest and fairest election in Nigeria, yet politicians have blatantly ignored that beauty: the beauty of credible elections.” How ironic that the man who flagrantly annulled an election now talks, 30 years later, about the “gains” and “beauty” of the same election!

Thursday, June 1, 2023

Tinubu’s Minority Government Faces A Legitimacy Challenge

 By Olu Fasan

Bola Ahmed Tinubu, the newly installed president of Nigeria, is a product of two great institutional anomalies. One is a deeply flawed Constitution designed to delegitimise the presidency of Nigeria. The other is a Might-Is-Right state that manipulates state agencies to impose its will on the people. These anomalies deny Tinubu’s presidency the strong mandate and legitimacy it badly needs to govern.

*Tinubu

Let’s start with the constitutional anomalies. Under section 134 (2) of the 1999 Constitution, a candidate is deemed elected as president, where there are more than two candidates, if: (a) he has the highest number of votes cast at the election, and (b) he has not less than one-quarter of the votes cast at the election in each of at least two thirds of all the states in the Federation and the Federal Capital Territory, Abuja.

Thursday, May 4, 2023

Constitutional Interpretation: Nigeria’s Democracy Is On Tenterhooks

 By Olu Fasan

In just over three weeks, on May 29, Bola Tinubu will be inaugurated as President and Commander-in-Chief of the Federal Republic of Nigeria. Yet, in parallel, election petitions seeking to nullify his declaration as winner of this year’s presidential poll are earnestly afoot. Given that the petitions won’t be determined before May 29, a sword of Damocles, in the form of his removal from power, potentially hangs over Tinubu’s head. Theoretically, that’s a possibility; otherwise, what’s the point of the presidential election petitions?

The 1999 Constitution, under section 239(1), allows the Court of Appeal and, ultimately, the Supreme Court to determine whether someone has been validly elected as president; the Electoral Act 2022, under section 136(1), requires the court to nullify the election of someone not duly elected as president. Thus, constitutionally, Tinubu’s election as president could eventually be nullified, however long it takes to determine the petitions. But that’s theoretical.

Monday, March 20, 2023

A Nation Where Everyone Is Oppressed

 By Owei Lakemfa

Nigerians have the next 70 days to survive a regime that has chastised them with whips and is promising to further chastise them with scorpions. Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed, last week not only renewed the Buhari regime’s threat to increase Nigerians heavy burden by piling far higher fuel prices, but also told the incoming administration to immediately raise the Value Added Tax from 7.5 per cent to 10 per cent.

While depleting all available resources and adding heavy local and foreign debts to the bargain, the regime seems determined to drain whatever finances are available. So, rather than wind down and start producing handover notes, it wants to conduct a census that promises to be controversial. But more importantly, the census will be used to legally take out N869 billion or $1.88 billion from our national coffers. It is like a retirement package.

INEC And Controversial Elections

 By Ebun-Olu Adegboruwa

Year in and year out, the Independent National Electoral Commission, INEC, conducts elections into various offices in Nigeria, either through the main general elections, the bye-elections or other elections. INEC has been involved in the conduct of elections for an unbroken period of twenty-four years on, from 1999 to 2023. It would seem however that there is still a lot to do to get the electoral umpire moving. For sure, INEC is the only statutory body authorised to organise or conduct elections in Nigeria, in respect of certain offices created by the Constitution.

*Yakubu 

INEC is one of the federal executive agencies of the State established under section 153 (1) of the 1999 Constitution as amended, with its functions stated in paragraph 15 of the Third Schedule of the said Constitution. Under and by virtue of paragraph 14 of the said Third Schedule, the Chairman of INEC should be at least forty years old, he must be non-partisan, he must not be a member of a political party and he must be a person of unquestionable integrity.

Wednesday, March 15, 2023

Nigeria: A Dangerous Trend

 By Sunny Ikhioya

From the outcome of the February 25 elections, it is clear that our politics will never be the same again. Our youths have answered the clarion call by taking up the challenge to take back their country and, this is clear for all to see. Even with this, some people are refusing to accept the reality of our situation. You know, those who do not want to play by the rules always find reasons for their failure. The election was substantially flawed and has drawn negative criticism from far and near. 

Ultimately, it is the court that will decide. But whatever the outcome, the real change in our democracy has come to stay. This is an election that our sitting President, after casting his vote on election day, displayed his ballot to the whole world, an action that is against the Constitution and the Electoral Act. By so doing, he has demonstrated that our leaders have no respect for the rule of law, and a few misguided leaders followed in his footstep. 

Monday, March 13, 2023

Awake, O Judiciary!

 By Ebun-Olu Adegboruwa

On Friday March 3, 2023, the nation waited with bated breath for the Supreme Court, the crowning glory and head of Nigeria’s judicial system.

The apex court is populated with leaders of the judiciary, starting from the Honourable the Chief Justice of the Federation, who also heads the National Judicial Council. It had been a long wait indeed, essentially because on February 8, 2023, the Supreme Court gave a lifeline to the suffering masses of our people when it issued an order for the old N200, N500 and N1000 notes to continue to circulate alongside the new notes. But the federal government and the Central Bank of Nigeria would have none of it, insisting that the old N500 and N1000 notes were gone forever as they had ceased to be legal tender.

Monday, February 20, 2023

Nigeria, The Bottom Is Dropping!

 By Tony Iwuoma

Things are happening at dizzying speed. A mere pronouncement of two men and their naira swap policy have merged the rich and the poor into one mass of needy Nigerians.

*El-Rufai and Buhari 

It’s more amusing because the minority high and mighty who were hitherto alien to the suffering of the majority seem caught unawares in the same web in which they enmeshed the people. In their confusion, they have begun tearing down their own houses with their own hands.

Tuesday, February 14, 2023

Nigeria: Lawan And Supreme Court Of Shameless Judicial Bandits

 By Farooq Kperogi

I was awoken on this side of the world by news of the reversal by the Nigerian Supreme Court of Senate President Ahmed Lawan's primary election loss. I was already mentally prepared for it after the same Supreme Court affirmed Godwin Akpabio's fraudulent primary win a few days ago. It's a well-planned judicial choreography. 

*Lawan 

 The Nigerian Supreme Court is straight-up the most hopeless Supreme Court in the history of the world's supreme courts. The same Court violated common sense and the will of voters and gave us a "Supreme Court governor" in Imo State who never even pretended to have won an election.