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Nigerian Justices have been selling election judgments to incumbent President since 1979

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BY Chidi Odinkalu

When the presidential election petition process began in March 2023, Nigeria’s Supreme Court comprised 13 Justices.
The court received a bumper injection of seven new justices in November 2020 after the conclusion of the disputes arising from the presidential election of the previous year.
That was the last set of appointments to the Supreme Court.
Since then, six justices have retired; another three have died. Indeed, in the period since the commencement of the presidential election petition in March, one justice of the Supreme Court has died. Another retired three days before the judgment of the Presidential Election Petitions Tribunal (PEPT), bringing the complement down to 11. The court’s second senior-most member, Musa Dattijo Muhammad, is due to retire next month on October 27. If there is an appeal from the judgment of the PEPT, the Supreme Court will notionally have 10 eligible justices, and that is before recusals or other potential conflicts, not to mention ill-health.

Election petitions have become a huge drain on judicial bandwidth and well-being since 1979. In that year, the contest between Shehu Shagari of the National Party of Nigeria (NPN) and Obafemi Awolowo of the Unity Party of Nigeria (UPN) ended up before the Supreme Court of Nigeria, resulting in a judgment memorably described as “a compromise between law and political expediency.” At the head of the bench that decided the case was Atanda Fatayi-Williams, the Chief Justice of Nigeria at the time. As famous as this judgment would become, the antecedents arguably proved to be more lasting in their influence on Nigeria’s politics and institutions.

The relevant part of the story began on August 16, 1979, when the Federal Electoral Commission, FEDECO, headed by Michael Ani, declared Alhaji Shagari as the winning candidate in the elections to return Nigeria to civil rule. Three of the five presidential candidates in the contest repudiated the result, setting up what would become an epic election dispute. Obafemi was one of the three.

The Electoral Act of 1979, under which the vote took place, anticipated that there could be a dispute and conferred on the Supreme Court the jurisdiction for resolving disputes from the presidential election. The panel to hear the disputes was to be led by the Chief Justice of Nigeria (CJN), but the then incumbent, Sir Darnley Alexander, was due to retire on August 24, 1979, a mere eight days after the announcement of the result and well before the Supreme Court was due to sit on the petition.

Three days before the retirement of Chief Justice Darnley Alexander, on August 21, 1979, then military head of state, Olusegun Obasanjo, an army general, invited Atanda Fatayi-Williams, then a justice of the Supreme Court, to a meeting at the seat of power at Dodan Barracks, Lagos. At the meeting, Obasanjo offered Fatayi-Williams the office of CJN in succession to Sir Darnley.

In his memoirs, Faces, Cases, and Places, published in 1983, Fatayi-Williams claimed that this offer “was totally unexpected, and, for the first time in my life, I was at a loss for words”, adding that Obasanjo “watched my discomfiture with relish and delight.”

Some of his peers on the Supreme Court were not so sure. Fatayi-Williams was admitted to the bar of the Middle Temple in London in 1948, one year after Chukwunweike Idigbe and three years later than Egbert Udo Udoma, both of whom were his peers on the Supreme Court. Fatayi-Williams was from Lagos; Idigbe came from the then Mid-West; while Udo Udoma came from the then South Eastern State. Idigbe became a judge in 1961 before being appointed to the Supreme Court in 1964. His service on the Supreme Court was, however, fractured by the Nigerian Civil War.

Udo Udoma, who also became a judge in 1961, had enjoyed a career as a lawyer, minority rights activist, campaigner, politician, and federal legislator before being appointed a judge in 1961. Two years later, in 1963, he became Chief Justice of Uganda with the understanding that upon the end of his tenure in Uganda, he would return to a position on Nigeria’s Supreme Court. This came to pass in 1968 when General Yakubu Gowon appointed him justice of the Supreme Court. Atanda Fatayi-Williams arrived on the court in 1969 as a junior to Udo Udoma and, strictly speaking, to Idigbe.

In his memoirs, The Eagle in Flight, Udo Udoma recalls that upon the retirement of Chief Justice Adetokunbo Ademola in 1972, the then-ruling Supreme Military Council considered five names for appointment to replace him, namely: Professor Taslim Elias, who was then the Attorney-General of the Federation; John Idowu Conrad Taylor, then Chief Justice of Lagos (as the office was then known); George Baptist Ayodola Coker, Justice of the Supreme Court; Rotimi Frederik Alade Williams, a senior lawyer in private practice; and Udo Udoma himself. Fatayi-Williams was notably not in the running. In the event, the military preferred Taslim Elias, who had served them well as Attorney-General.

When a new military regime relieved Elias of the position in July 1975, they settled on Sir Darnley, until then a little-known Chief Judge of the South Eastern State, whom Udo Udoma had recommended for that office.

In 1979, the stakes in the appointment of Chief Justice were very high: the presidency of Nigeria could depend on it. Udo Udoma, who had mobility issues, writes in his memoirs that “Justice Fatayi-Williams, then also a Justice of the Supreme Court, registered a solemn protest on the ground that he saw no reason why I (Udo Udoma) should be given such a high post as the Chief Justice of Nigeria despite the fact that I was an amputee. He felt strongly that the SMC under the leadership of a Yoruba man like himself would not be justified to ignore him who then had no handicap. He then contacted several Yoruba men, including Chief S.L. Edu, to contact General Olusegun Obasanjo as Head of State to plead his case.”

Continuing, Udo Udoma records that these “intrigues succeeded and he was preferred to me because, in his representation, he was able to convince General Olusegun Obasanjo that since Alhaji Shehu Shagari as a Hausa-Fulani, was contesting the office of President of Nigeria and had chosen Dr. Ekwueme, an Igbo man, as his running mate as Vice-President, both of whom were likely to win, then the office of Chief Justice of Nigeria ought to be filled by himself, a Yoruba man, especially as Chief Obafemi Awolowo was sure to lose the election.”

Chief Awolowo and Olusegun Obasanjo exchanged some testy epistles reproduced in Musikilu Mojeed’s The Letterman, in which Awolowo effectively alleged that the appointment of Fatayi-Williams as CJN in 1979 came with an implicit bargain concerning the determination of the election petition of that year. He also suggested that days before the Supreme Court announced the decision on 26 September 1979, Chief Justice Atanda Fatayi-Williams leaked the decision of the Court to General Obasanjo, who desired to be reassured that he could proceed with the inauguration date of 1 October 1979 as planned. Forty-four years later, the current incumbent travelled to India with the assurance of a man who knew that the imminent announcement of the PEPT judgement did not threaten his position.

In 2008 and in 2019, judges who sat on controversial presidential election petitions in election years enjoyed quick judicial elevation from the parties in whose favour they decided. Also, in 2019, a chief justice was guillotined ostensibly because he could not be trusted to determine presidential election petitions in a predictable way in the manner that his would-be successor could. What seems clear is that, since 1979, judicial appointments and decision-making in election petitions have enjoyed a relationship underpinned by a whiff of implicit quid pro quo.

With 10 serving justices, the Supreme Court has 11 vacancies waiting to be filled. Politicians have learnt to turn election dispute resolution into auditions for shifting judicial deck chairs. First, they rig elections in order to get the opportunity to rig the courts with judges ready to help them validate rigged elections. That is the legacy of the unspoken antecedents of Awolowo v. Shagari.

…A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu.

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Opinion

BENUE 2027:The Apa/Agatu Quest for Equity

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By Tunde Olusunle

It may be well over two years to the next cycle of general elections in Nigeria. For the people of Apa/Agatu federal constituency in *Benue South, however, the measure of their participation and integration into the governance scheme will be defined in the run-up to the general polls that year. Nine local government areas make up the predominantly Idoma country of Benue State also labelled Zone C in the senatorial tripod of the geo-polity. The zone is also home to the Igede ethnic stock and the Etulo. Local government areas in “Benue Zone C” include: Apa, Agatu, Oju, Obi, Ado, Ogbadibo, Okpokwu, Otukpo and Ohimini. The other zones, Benue North East and Benue North West, are wholly dominated by the Tiv nationality, striding across 14 local government areas. They are christened Zone A and Zone B in the local political scheme of the state. Federal constituencies in Benue South are: Apa/Agatu, Oju/Obi; Ado/Ogbadibo/Opokwu and Otukpo/Ohimini.

The subjugation of groups and ethnicities considered demographically smaller, by the larger groups which has dominated Nigeria’s politics over time, has not been any different for the Idoma of Benue State. Until the circumstantial emergence of a Yahaya Bello from the Ebira ethnicity in Kogi State in 2015, the Igala had the relay baton of governorship of Kogi State, in rounds and succession. The Ebiras and the Okun-Yoruba zones in the state could only aspire to be serial deputies or Secretaries to the State Government. This political template was virtually cast in stone. The Ilorin people of Kwara State have similarly wholly warehoused the gubernatorial office, sparingly conceding the position to other sociocultural groups in the state. The only exception was the concession of the seat to a candidate from Kwara South, in the person of Abdulfatah Ahmed, by his predecessor, Bukola Saraki in 2011. Even at that, there were murmurs and dissent from those who believed Ahmed came from a community too close to the Ilorin emirate to be of genuine Igbomina stock, which prides itself as the pure Yoruba species in Kwara State.
Twenty-six years into the Fourth Republic, the maximum proximity of the Idoma to Government House, Makurdi, has been by the customary allocation of the Deputy Governor’s slot to its people. Ogirri Ajene from Oju/Obi, the charismatic blue-blood of blessed memory, was deputy to George Akume, incumbent Secretary to the Government of the Federation, (SGF), from 1999 to 2007. Akume it was reported, genuinely desired to be succeeded by Ajene who exhibited competence and loyalty and could build on their legacies. The Tiv nation we understand, shot down the proposal. Gabriel Suswam succeeded Akume and had the urbane multipreneur, Stephen Lawani from Ogbadibo as deputy. Samuel Ortom, a Minister in the Goodluck Jonathan presidency who took over from Suswam opted for Benson Abounu, an engineer from Otukpo as running mate, while Hyacinth Alia, the Catholic priest who succeeded Ortom, also chose as deputy, Samuel Ode, who was also a Minister in the Jonathan government, from Otukpo. Arising from this precedence, Apa/Agatu has not for once, been considered for a place in Government House, Makurdi.
In similar fashion, the position of Senator representing Benue South, has repeatedly precluded Apa/Agatu federal constituency. David Alechenu Bonaventure Mark a former army General from Otukpo, took the first shot at the office in 1999. He was to remain in the position for five consecutive times, a distinctive record by Nigerian standards. Mark would subsequently become President of the Senate and the third most senior political office holder in the nation’s governance scheme for a string of two terms between 2007 and 2015. He was replaced by Patrick Abba Moro, who hails from Okpokwu and was a former teacher, in 2019. Abba Moro who previously served as Minister of Interior in the Jonathan government from 2011 to 2015, won a second term at the 2023 general elections and remains substantive Senator for “Benue Zone C.” He is indeed incumbent Minority Leader of the Senate, and thus a principal officer in the leadership scheme of the “red chambers.”
While Moro is barely two years into his second term, there are suggestions that he is interested in a third term which should run from 2027 to 2031! This is the core issue which has dominated contemporary political discourse in Benue South, especially from the Apa/Agatu bloc. For Apa/Agatu, it is bad enough that they are repeatedly bypassed in the nomination of deputy governors in the scheme of state politics. It is worse that they are equally subjugated by their own kinsmen within the context of politics in *Idoma and Igede land.* This is particularly worrying when both local government areas constituting the Apa/Agatu federal constituency, Apa and Agatu, are not in anyway deficient in human resources to represent Benue South. Names like John Elaigwu Odogbo, the incumbent *Och’Idoma* and respected clergy; Isa Innocent Ekoja, renowned Professor and Librarian; Sonny Togo Echono, FNIA, OON, Executive Secretary, Tertiary Education Trust Fund, (TETFUND), and John Mgbede, Emeritus State Chairman of the Peoples Democratic Party, (PDP), Benue State, readily come to mind.
Major General R.I. Adoba, (rtd), a former Chief Training and Operations in the Nigerian Army; Professor Emmanuel Adanu, former Director of the Kaduna-based National Water Resources Institute, (NWRI) and the US-based specialist in internal medicine, Dr Raymond Audu, are eminent Apa/Agatu constituents. There are also Ada Egahi, long-serving technocrat who retired from the National Primary Healthcare Development Agency, (NPHDA), and Super Eagles forward, Moses Simon, (why not, hasn’t the retired soccer star, George Opong Weah just completed his term as President of Liberia)? The Member Representing Apa/Agatu in the House of Representatives, Godday Samuel Odagboyi, an office previously held by Solomon Agidani, as well as Adamu Ochepo Entonu, is, like his predecessors, a prominent figure from the resourceful Apa/Agatu federal constituency.
The Olofu brothers, Tony Adejoh, a retired Assistant Inspector General of Police, (AIG), and David, PhD, a renowned management and financial strategist, who is also an Emeritus Member of the Benue State Executive Council during the Ortom dispensation, are from the same federal constituency. So is Abu Umoru, a serial entrepreneur who represents Apa State Constituency in the Benue State House of Assembly. The continuing intra-zonal alienation of Apa-Agatu from the politics of Benue Zone C, remains a sore thumb which must be clinically diagnosed and intentionally treated in the run-up to 2027.
If previous top level political office holders from Idomaland in general and Apa/Agatu in particular, had diligently applied themselves to tangible, multisectoral development of the zone and constituency, the present clamour for inclusiveness would probably been less vociferous. *River Agatu* which flows from Kogi State, and runs through Agatu before emptying into *River Benue,* is a potential game changer in the socioeconomy of Apa/Agatu, Benue South and Benue State in general. Properly harnessed, it can revolutionise agriculture and aquaculture in the state, beyond subsistence levels which are the primary vocations of the indigenous people. Rice, yam, guinea corn, millet and similar grains, thrive in the fertile soils of the area. These can support “first level” processing of produce and guarantee value addition beneficial to the primary producers, before being shipped to other markets. River Agatu can indeed be dammed to provide hydro-electricity to power the entire gamut of Idomaland.
The infrastructure deficit in Benue South with specific reference to Apa/Agatu is equally very concerning. A notable pattern in Nigerian politics is its self-centeredness, the penchant for political players to prioritise their personal wellbeing and the development of their immediate space. This has accentuated the ever recurring desire of people to ascend the political pedestals of their predecessors if that is the principal window by which they can also privilege their own primary constituents. Motorable roads are non-existent, seamless travel between communities therefore encumbered. Expectedly this has been a major impediment to subsistent trade and social engagements between constituents and their kinsmen. Primary health facilities are almost non-existent, compelling people to flock to Otukpo, headquarters of Benue South, for the minutest of medical advice and treatment.
Apa/Agatu pitiably bleeds from the relentless and condemnable activities of vagrants and bandits who have reduced the constituency into a killing field. Reports suggest that in the past 15 years, no less than 2500 lives were lost to the vicious attacks of marauders and trespassers in the area under reference. This unnerving situation has compelled engagements between concerned Apa/Agatu leaders, and the leadership of the Nigeria Police Force, (NPF). The prayer is for the swift establishment of a mobile police outpost in the troubled sub-zone to contain bloodletting. The proposal, anchored by AIG Tony Olofu, NPOM, (rtd), and Echono, has received the blessings of the police high command. At the last update, a commander for the outfit had been named, while the deployment of personnel had begun in earnest.
It is very clear that in the march towards 2027, Apa/Agatu will refuse, very vehemently, to be sidelined and trampled upon in the political scheme of their senatorial zone. Abba Moro may desire a third term in the Senate, but the people of Apa/Agatu are quick to remind him that his curriculum vitae as a politician is sufficiently sumptuous for him to yield the seat in the “red chambers” and sit back like an elder statesman. They remind you that for a man who began his working life modestly as a lecturer in the Federal Polytechnic, Ugbokolo in 1991, Abba Moro has done extremely well for himself in Nigerian politics. For reminders, Abba Moro was elected Chairman of Okpokwu local government in the state as far back as 1998. Ever since, he has remained a permanent fixture in Nigeria’s national politics.
The people of Apa/Agatu will put up a determined fight for the Benue South senatorial seat in 2027, and no one should begrudge them. They are the proverbial ram which was pushed to the wall, which must of necessity push back with angered horns to liberate itself. They are already engaging with their kith across “Benue Zone C” to ensure that intra-zonal equity, fairness and justice, prevails in communal politics.

Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja

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Opinion

The Prince Adebayo prescriptions for ease of doing Business: 15 Take-Aways

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By Dr. Ag Zaki

On Thursday, 9 January 2025, Prince Adewole Adebayo presented a keynote address at the Radisson Blu Hotel, Ikeja, Lagos. The occasion was the annual conference of a group of professionals, business executives and experts codenamed J9C for January 9 Collective. The theme of the Conference was “Business and Policy Strategy: Examining the Role of Reform in enhancing the ease of doing business in Nigeria.” Prince Adebayo is a versatile cerebral man of many parts, a lawyer, a multimedia practitioner, a real estate investor, a large-scale miner, a philanthropist, a community developer, and the 2023 Presidential Candidate of the Social Democratic Party (SDP). The organisers of the J9C conference introduced him as an intercontinental lawyer because he currently practices law in over sixteen countries.

The full speech of Prince Adebayo at the occasion is available online and can be accessed by clicking at this url: https://youtu.be/SsHkcJbVNRg?si=ebvoOVqGh0zVOsnt or by scanning the QR code above. However, we are presenting the salient take-aways from this most incisive keynote address below for the convenience of interested persons and for the public good.

THE TAKE-AWAYS
Preamble
1. Not every change of policy or programme is a reform. A reform is a fundamental change in the activities, programmes, and policies structured to cause improvement. Genuine government reforms are people oriented and so citizens can interject, comment or contribute.
2. Reform may be internally motivated, externally forced or imposed, or technological driven.
3. The government of Nigeria must first reform itself to be able to implement development-oriented reforms to improve the country’s economic performance.

In general terms
4. Fiscal and monetary reforms are critical and are urgently required in Nigeria. While government can freely control its fiscal reforms, it must be bound by market forces for realistic and realisable monetary reforms.
5. Economic reforms must positively affect developmental policies, programmes and projects to engender economic growth, increase in efficiency, and lead to stability. Economic and political reforms must be implemented pari-passu for untainted policies and programmes.
6. Urgent structural reforms are required in areas of legal reforms, laws on banking controls and regulations, lending and borrowing as well as land matters.

In specific terms
7. Reforms which are aimed at targeting ease of doing business must be aligned with the Malam Aminu Kano maxim that “all civil servants should abstain from contracts or business”.
8. Nigeria must break the current odious and unwholesome conspiracies between policy makers, civil servants, and contractors, which can lead to irreversible endemic corruption, long foreseen by the revered Malam Aminu Kano, and which can permanently damage the economy.
9. Structural reforms must ensure that land laws open up maximum benefits and potentials of the land, encourage labour productivity and efficient and transparent entrepreneurship rules including registration, capital and lending matters.
10. Tax reforms should be broad-based, not about sharing of revenue but promoting productivity and competitiveness in all aspects of endeavours and infrastructure reforms should make transportation of people and goods safe and cost effective.
11. Monitoring economic crimes must be thorough and should go beyond arresting of “Yahoo boys” and those spraying Naira notes, but those devaluing the Naira and abusing economic rules and regulations.

Warnings
12. Adebayo left some stern terse warnings for the business sector and for the government of Nigeria.
13. Business executives and professionals should not ask or encourage government for specific reforms but for general broad-based reforms as firm-specific reforms can enhance operations of specific firms or business in the short term but will ultimately kill the industry.
14. Government should not meddle into business or be guided by partisan businessmen; government should meet business only at the junction of regulatory framework.
15. Government should be selfless and honest in carrying out reforms, incorporate measurable performance indices and ensure that reforms are implemented in a way not to inflict pains or punishment on the people.

# DrZaki25, 903 Tafawa Balewa Way, Abuja

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Opinion

Governor Monday Okpebholo: A Blessing to Edo State

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Monday Okpebholo

By Eigbefo Felix

His Excellency, Senator Monday Okpebholo, the Executive Governor of Edo State, has demonstrated that he is a blessing to the state through his policies, appointments, initiation of road construction across the three senatorial districts, and his deep love for the people of Edo State.

Governor Monday Okpebholo has begun fulfilling the five-point agenda he promised the good people of the state since his inauguration.

In the area of security, he has shown total commitment. He assured the people of Edo State that he would ensure their safety, and true to his word, the state remains peaceful, which has brought joy to its residents. He has provided the necessary support to security personnel.

The governor increased the subvention for Ambrose Alli University (AAU) from ₦40 million to ₦500 million. He also promised to address the issues facing AAU medical students. Additionally, he has started renovating primary and secondary schools across the state, underscoring his understanding of the importance of education.

The agricultural sector has taken a positive turn as Governor Okpebholo has allocated ₦70 billion to the sector. Recognizing agriculture’s importance to both the state and the nation, he is positioning Edo State to become the food basket of the nation with his investments in the sector.

During the electioneering period, Senator Okpebholo promised to create 5,000 jobs within his first 100 days in office. He has already begun the process, and soon, the people of Edo State will benefit from these employment opportunities. Unlike in the past, he will not rely on MOUs before making appointments. Furthermore, he has started appointing Edo State indigenes, rather than outsiders, to various positions.

Governor Okpebholo has commenced road projects across the state, from Edo South to Edo Central and Edo North. He believes that when roads are motorable, the prices of goods in the market will automatically reduce.

He has also begun investing in the health sector, understanding its critical importance to the people of Edo State.

Governor Monday Okpebholo’s initiatives and actions affirm his dedication to transforming Edo State for the better.

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