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Rethinking System Change in Nigeria: Why only impregnable legal reforms can deliver real impact (Plus Draft Impregnable Provisions)

By Sylvester Udemezue

Memory Verse:

“A law without enforcement is not worth the paper it is written on.”
~ Hon. Justice Kayode Eso

A. Introduction

Please see the article titled: “Adodo’s Alarm Over Governor Aiyedatiwa’s Alleged Disrespect For The Constitution And The Imperative Of Legal Impregnability As A Necessary Condition For Effective Governance In Nigeria” By Sylvester Udemezue (published on 19 May 2025). Nigeria is not short of laws, policies, or reform programs. The real challenge lies in their effectiveness, more precisely, their enforceability. Time and again, well-intentioned legal reforms have faltered due to a lack of embedded mechanisms that ensure compliance. As Justice Kayode Eso aptly stated, laws without enforcement are mere paper declarations. This article examines the difference between cosmetic reforms and impregnable legal transformations. It draws on two case studies to illustrate how the absence of enforcement structures renders even constitutional provisions impotent.

B. Case Study One: Ministerial Appointments and the Illusion of Reform:

In 2015, President Muhammadu Buhari appointed his cabinet more than six months after taking office. In response, the Constitution was amended through the Fifth Alteration to insert Section 147(7), mandating the President to appoint at least one Minister from each state within sixty days of taking the oath of office.² While this seemed a step forward, the provision was flawed from inception. It lacks any penalty or consequence for noncompliance. As such, it fails the test of enforceability and self-execution.

President Bola Ahmed Tinubu also failed to fully comply with the timeline in 2023, without consequence, proving the provision to be effectively toothless. In Attorney-General of the Federation v. Abubakar, the Supreme Court affirmed that constitutional obligations bind the President.³ Yet, in the absence of self-executing consequences, such provisions are mere suggestions. Contrast this with Section 285(6) of the Constitution, which mandates election tribunals to deliver judgment within 180 days of filing a petition.⁴ In ANPP v. Goni, the Supreme Court held that tribunals automatically lose jurisdiction once the deadline lapses, regardless of the stage of proceedings.⁵ That is what a self-executing, impregnable provision looks like.

C. Proposed Amendment Framework:

To transform Section 147 into an effective tool, the following hypothetical reforms are proposed:

  1. Failure to nominate ministers within 30 days results in automatic vacation of office by the President.
  2. The Vice President must then act, and similarly comply or face automatic removal.
  3. A cascading enforcement structure would activate the Senate President and then the Speaker to act, with strict timelines and consequences.
  4. Any refusal to vacate upon breach should be deemed treasonable felony.
    ➖➖

D. AN ILLUSTRATIVE DRAFT:

Section 147A: Mandatory Timelines and Consequences for Ministerial Appointments and Succession:

(1). The President shall, within thirty (30) days of taking the oath of office, nominate at least one (1) person from each of the thirty-six (36) States of the Federation and the Federal Capital Territory (FCT) for appointment as Minister.
Provided that nothing in this section shall preclude the President from subsequently replacing or appointing additional Ministers.

(2) Where the President fails to comply with subsection (1) of this section within the stipulated thirty (30) days, the President shall:

(a) Automatically forfeit the office of the President of the Federal Republic of Nigeria; and

(b) Be deemed to have committed a treasonable felony if he fails to vacate office forthwith; and

(c) Be immediately liable to arrest and prosecution, such immunity as may have applied to the office having ceased to exist.

(3). Upon the occurrence of a vacancy under subsection (2), the Vice President shall:

(a) Be sworn in immediately as President;

(b) Within seven (7) days, nominate a person for appointment as Vice President in accordance with the law; and

(c) Within twenty (20) days of assuming office, comply fully with the requirements of subsection (1) of this section:

Provided that failure to comply with the provisions of paragraph (c) above shall result in the automatic forfeiture of the office of the President, and such person shall be deemed guilty of treasonable felony and liable to immediate arrest and prosecution.

(4). Where both the President and Vice President fail to comply with the provisions of subsections (1) and (3) of this section, the President of the Senate shall assume office as Acting President and shall conduct fresh presidential elections within five (5) months of assuming office.

(5). Where the Senate President fails to act as required under subsection (4), the Speaker of the House of Representatives shall assume office as Acting President and shall conduct fresh presidential elections within four (4) months of assuming office.

(6). Any President of the Senate or Speaker of the House of Representatives who fails to comply with subsections (4) or (5) of this section, respectively, shall automatically forfeit his seat in the Senate or House of Representatives, as the case may be.

Provided that failure to vacate such office shall constitute a treasonable felony.
➖➖

Though harsh, these measures and draft provisions match the harsh realities of governance in Nigeria. Only strict, self-enforcing laws can survive the nation’s political culture.

E. Case Study Two: Legal Practitioners’ Remuneration Order, 2023:

The Legal Practitioners (Remuneration for Business, Legal Services and Representation) Order, 2023, issued under Section 15(3) of the Legal Practitioners Act⁶, was designed to standardize lawyers’ fees. However, like Section 147(7), it suffers from a fatal defect: lack of enforcement. Although noncompliance constitutes professional misconduct, enforcement is almost non-existent. The NBA has attempted decentralised enforcement through its branches, but without statutory backing, such efforts lack traction. In NBA v. Kehinde, the LPDC process highlighted the ineffectiveness and sluggishness of disciplinary mechanisms.⁷ A more viable solution would have been to impose enforceable consequences such as barring the acceptance of legal work by courts, ministries, or regulatory agencies without proof of compliance; e.g., a bank certificate confirming adherence to fee standards. But this was ignored. Why? As Prof. Yemi Osinbajo observed, Nigerian lawmakers often legislate without regard to behavioural realism or enforcement.⁸ The result: legal mockery.

F. Why Self-Executing Laws Matter

Political scientist Richard Joseph describes Nigeria’s governance as “prebendal politics”: where patronage trumps rules.⁹ In such a system, only rules with automatic triggers and rigid enforcement mechanisms can work. The legal maxim ubi jus ibi remedium, “where there is a right, there must be a remedy”, captures this philosophy. A right without a means of enforcement is no right at all.¹⁰ Lord Denning famously held that “you cannot put something on nothing and expect it to stand”.¹¹ Likewise, you cannot build reforms on weak or unenforceable laws and expect societal transformation. Prof. Ben Nwabueze concludes this line of thought succinctly: “Constitutionalism means limited government under a supreme law, and this is meaningful only if there are legal means of securing compliance with constitutional limits”.¹²

G. Conclusion

Laws and reforms are not ends in themselves. Their value lies in their enforceability. Nigeria must stop enacting aspirational or idealistic provisions devoid of self-executing force. The nation needs legal instruments that compel obedience and punish breach, in real time. Weak laws are as good as no laws. Nigeria’s legal reform efforts must begin and end with this understanding: Only impregnable, self-enforcing reforms will deliver real system change.

To be continued.
Respectfully,
§¢µð𝓮̂𝓶𝓮̂𝔃µ𝓮̂
Sylvester Udemezue (udems),
Legal Practitioner, Law Teacher, and the Proctor of The Reality Ministry of Truth, Law and Justice [A Public Interest Law Advocacy Group]
08021365545.
[email protected]
(18 May 2025)

Endnotes :

  1. Hon. Justice Kayode Eso, cited in multiple Nigerian jurisprudential essays.
  2. Constitution of the Federal Republic of Nigeria 1999, s 147(7).
  3. Attorney-General of the Federation v Abubakar (2007) 10 NWLR (Pt 1041) 1.
  4. CFRN 1999, s 285(6).
  5. ANPP v Goni (2012) 7 NWLR (Pt 1298) 147; see also PDP v INEC (2014) 17 NWLR (Pt 1437) 525.
  6. Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria 2004, s 15(3).
  7. NBA v Kehinde (2022) LPELR-57124 (LPDC).
  8. Yemi Osinbajo, comments at legal reform fora (as Vice President of Nigeria).
  9. Richard Joseph, Democracy and Prebendal Politics in Nigeria (Cambridge University Press 1991).
  10. See Akinlade v INEC (2015) 4 NWLR (Pt 1448) 373.

The views expressed by contributors are strictly personal and not of Law & Society Magazine.

Insensed man in Abia sets wife and Children alight over suspected infidelity; One child dead, others battling for life

  • FIDA Abia vows justice for victims

The International Federation of Women Lawyers, FIDA Nigeria Abia State branch, has stoutly condemned a horrendous case of domestic violence and child abuse in Onicha Ngwa community, Obingwa Local Government Area.

A 40-year-old man, Udochi Amala, reportedly set himself, his wife, Mrs. Amarachi Amala, and their three children ablaze in the early hours of Saturday, between 1 and 2 am.

The dreadful act was reportedly driven by suspicion of infidelity involving his wife. Udochi, who lives in Amapuihe village, Osisioma Local Government Area, was severely affected by the fire and attempted to escape but was caught. Tragically, one of his daughters succumbed to severe burns.

Udochi admitted to having issues with his wife but claimed he did not expect the situation to escalate so drastically. He said, “I have an issue with my wife, and I did not know that it would get to this extent. I am tired of this life.” However, he denied ever catching his wife, who hails from Ikwuano Local Government Area, with another man.

The Abia State Police Public Relations Officer, DSP Maureen Chinaka, confirmed the incident and stated that investigations are ongoing.

In a statement, FIDA Abia, led by Chairperson Njideka Aniawonwa and Secretary Eberechukwu Kanu Oji, expressed shock and outrage, labelling the act a grave violation of human rights and dignity. They demanded a full investigation and justice for the victims, while calling for increased support and protection for survivors of domestic violence and child abuse.

An unconfirmed report suggested that Mrs. Amarachi Amala and two other children later died while receiving treatment at a hospital.

FIDA Abia maintained its commitment to protecting women’s and children’s rights and urged the public to report any cases of domestic violence and child abuse to help protect vulnerable members of society.

NBA AGC 2025: Enugu NBA branches inaugurate 70 man AGC LOC committee members

  • Akaraiwe, SAN, to chair the committee, Joy Ezeilo, SAN, as alternate chair

Nigerian Bar Association (NBA branches in Enugu State have inaugurated a formidable 70-man AGC LOC committee with Ikeazor Akaraiwe SAN as its Chair and Joy Ezeilo, UN Rapporteur, SAN as alternate Chair.

The committee has also bragged that the 2025 National Conference will be the best in history.

A statement signed on behalf of the committee by Onochiengwu Obuna Esq reads:

Mr Ikeazor Akaraiwe SAN, who’s a devout Christian, a perfect gentleman, a barman per excellence, and a very successful Lawyer with friends all over Nigeria and beyond, has unanimously been selected to head the 70-man LOC committee members for the 2025 NBA National Conference.

The members of the 70 LOC for the 2025 NBA National Conference which is scheduled to take place in Enugu Smart City from 22nd -29th of August were yesterday inaugurated by the alternate chairman of the LOC, another very much respected Lawyer of International and National reputable qualities; Prof Joy Ezeilo, UN Rapporteur, SAN, Life Bencher, OON,

The meeting was held at the conference room at Mr lkeazor Akaraiwe’s Law firm which attracted almost all the members of the LOC who are eager and willing to serve in the various sub committees where they found themselves to discharge the onerous tasks and duties ahead so that come August 2025, Enugu Smart City will be able to boast to have hosted the best NBA National Conference in the past.

In order to make this realizable and achievable, the LOC Chairman, Mr Akaraiwe SAN, who is also a former NBA National 1st Vice President, deemed it necessary to form a total of 18 sub committees with principal officials which are as follows:

  1. Virtual and Multimedia
    I).Ikechukwu Onuoma SAN – Chairman
    ii). A O Mogbo SAN – Alternate Chairman
    III).Onochiengwu Obuna
    iv). Ify Adaghara -Secretary.
  2. FINANCE/FUND RAISING/GENERAL PURPOSE.
    i) . Hon. Chidi Aroh – Chairman
    ii). A O Mogbo SAN
    III). Prof Joy Ezeilo SAN
    iv). Ifeanyi Ejimnkeonye – Secretary.
  3. FOOD & DRINK.
    I). Prof Joy Ezeilo SAN – Chairman
    ii). Chinagorom Tochi Udeh – Alternate Chairman
    III). Rev Sr. Fidelia Okafor – Secretary.
  4. FRIENDSHIP CENTER.
    I). V C Odo -Chairman
    ii) Rev Sr. Chinyere J Dinwoke – Alternate Chairman
    III). Susan Ugwu- Secretary
  5. HOSPITALITY/ACCOMMODATION
    I). Fidelis Mbadugha SAN – Chairman
    iI). Joseph Madueke Agu – Alternate Chairman
    III). George Akpamgbo – Secretary
  6. INTERNATIONAL CONFERENCE CENTER.
    I). Rev Sr Chinyere J Dinwoke – Chairman
    ii). Chidinma Okwuowulu – Alternate Chairman
    III). V N Asogwa – Secretary
  7. TRANSPORT LOGISTICS
    I). Sunday Okoro – Chairman
    ii). Uche Mbaeke – Alternate Chairman
    III). Wilson Nneji – Secretary
  8. SECURITY
    I). Jerry C Eneh – Chairman
    ii). All Branch Chairmen
    III). Rose Ezeuko – Secretary
  9. MINISTRY OF TRANSPORT (MOT)/TRAFFIC ENFORCERS
    I). K C Olemeforo – Chairman
    ii). Onyekachi Ede – Alternate Chairman
    III). Ifeanyi Uwakwe – Secretary.
  10. PROTOCOLS
    i). J C Odo – Chairman
    ii). Mukosolu McJossy – Alternate Chairman
    III). Amaka Ofoma – Secretary.
  11. CONFERENCE BAGS.
    I). Prof Osita Nnamani Ogbu – Chairman
    ii). Emeka Awkadigwe – Alternate Chairman
    III). Clara Obiora Ene – Secretary.
  12. SOCIALS/TOURISM
    I). Chief Nnadiume Oforkansi – Chairman
    ii). Gerald Eze – Alternate Chairman
    III). Chuks Mbamala – Secretary
  13. WELCOME COCKTAIL/PRESIDENTIAL DINNER
    I). Tochukwu Maduka SAN – Chairman
    ii). All Branch Chairmen
    III). Chidinma Okwuowulu – Secretary.
  14. RAPPORTEURS/PROMOTIONAL PUBLICATION
    I). Nnamdi Eze – Chairman
    ii). Onochiengwu Obuna – Alternate Chairman
    iii). Dr. Peter Aneke – Secretary.
  15. SPORTS
    i).CNN Nwagbara – Chairman
    ii). Ive Okwulehie – Alternate Chairman
    iii). Daniel Chinedu Aneke – Secretary.
  16. LAW BOOKS & COMMERCIAL STAND
    i).David Ngwee – Chairman
    ii). Ngozi Cicilia Onyia – Alternate Chairman
    iii). Uzoma Ogbodo Udu – Secretary.
  17. MEDICAL STAND/FIRST AID
    I). Ezeagu Branch Chairman
    ii). Joy Gbanigo – Alternate Chairman
    iii). Chinelo Chijioke
  18. TECHNOLOGICAL COMMITTEE
    i). Nnamdi Aneke – Chairman
    ii). Onyekachi Ede – Alternate Chairman
    iii). Max Ozoaka – Secretary.

All these key members of the 18 sub-committees so far properly constituted can rightly be described as men of proven integrity because of their impeccable track records in the Legal Profession and Bar Association Activities.

They are to work hand in hand with the NBA National Conference Committee, ably led by Chief Emeka Obegolu SAN, which has scheduled to visit Enugu State on the 28th and 29th May 2025 on an inspection and fact-finding mission.

There was a lavish entertainment of all the LOC committee members who attended the inaugural meeting in a very friendly, cool and relaxed atmosphere after the meeting.
The closing prayers were said by the Secretary Of The LOC, Rev Sr Chinyere J Dinwoke.

Signed,
Onochiengwu Obuna Esq.

Bill seeking to jail non-voters is an unconstitutional affront to civil liberties and democratic values —NBA

The Nigerian Bar Association (NBA) has condemned the proposed bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians.

Describing it as an unconstitutional affront to civil liberties and democratic values, the NBA said Nigeria cannot jail its citizens for choosing silence.

In a statement on Tuesday, NBA President, Afam Osigwe, SAN, said the bill, which prescribes sanctions, including fines of up to ₦100,000 or imprisonment for failure to vote, is not only regressive but wholly inconsistent with the spirit and letter of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

He said Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to silence, dissent, and abstention. In a democracy, the right to vote is a civil liberty, not a legal obligation.

According to him, compelling citizens to vote through coercive legal measures violates the fundamental right of Nigerians to decide whether or not to participate in elections.

“Also, Section 40 guarantees the right to freedom of association, which includes the right not to associate. In the same spirit, compelling an individual to vote, regardless of their faith in the electoral process or options presented, amounts to a violation of their personal convictions and political freedoms,” he said.

The NBA president said the association finds it unacceptable that a democratic government would seek to criminalise non-participation in an electoral process marred by voter apathy, mistrust, insecurity, and systemic failures.

Osigwe lamented that instead of fixing the conditions that discourage voter turnout, such as electoral violence, vote buying, among others, the state is attempting to force participation through punitive legislation.

“Democracy is not sustained by coercion. It thrives on consent, participation, and trust. The moment citizens are forced to vote under the threat of imprisonment, the entire essence of free and fair elections collapses.

“If passed, this bill would set a dangerous constitutional precedent: that the government can punish citizens for refusing to participate in its processes. This opens the door to further erosions of civil liberties and legitimizes authoritarian impulses under the guise of electoral reform,” he said.

He urged the National Assembly to immediately discontinue any legislative process advancing “this unconstitutional and anti-democratic bill. Nigeria’s democracy does not need coercion; it needs trust, transparency, accountability, and inclusive reforms.”

He said rather than punish non-voters, government and political actors must focus on rebuilding the integrity of the electoral system, ensuring security on election days, guaranteeing the independence of the electoral umpire, and conducting voter education to inspire confidence in democratic participation.

“Let it be clear: No citizen should be compelled to vote under threat of prosecution. The NBA will resist any attempt to enforce such draconian provisions and will challenge any law that seeks to weaponize civic participation against the people,” he said.

FIDA Abuja advocates for stronger protection of family rights

As the rise in family disintegration continues with significant consequences, impacting negatively on individuals, communities, and societal well-being, the International Federation of Women Lawyers (FIDA Nigeria, Abuja Branch) successfully carried out a sensitisation outreach to Gwarimpa Village, a community within the Federal Capital Territoey (FCT) as part of the commemoration of the International Day of Families.

The recent outreach, led by FIDA’s Chairperson, Chioma Onyenucheya-Uko, aimed to raise awareness of the vital role families play in society and address key legal issues affecting women and children in Nigeria.

The delegation was warmly received by the Dakachin Gwarimpa, Alhaji Bayero Yakubu, and members of his community. The primary focus of the outreach was to emphasize the importance of the family unit as the first point of contact in nurturing values, morals, and social responsibility. Chairperson Onyenucheya-Uko spoke to the gathering about the challenges families face, including gender-based violence, child abuse and neglect, early and forced marriage, and discriminatory inheritance customs.

In her address, Chioma Onyenucheya-Uko highlighted the significance of the International Day of Families as a platform for advocating stronger protection of family rights, especially for women and children. She noted that these challenges have long-lasting consequences on the wellbeing of families and society at large.

The Chairperson stressed that the observance of the day presents a unique opportunity to strengthen advocacy around family-related legal rights issues. She emphasised that FIDA’s interventions, such as public sensitization campaigns, legal aid clinics, pro bono legal services, and capacity-building programs, play a crucial role in addressing these issues.

According to a statement signed by Chimdindu Onyedim-Etuwewe, Publicity Secretary of FIDA Nigeria, Abuja branch, Chioma also underscored the importance of legislative frameworks protecting family rights and urged the community to become more aware of their rights under Nigerian law, including the Violence Against Persons Prohibition Act and the Child Rights Act, among others.

She urged members of the community to utilise the VAPP Act, Child Rights Act and other related laws to protect themselves and their families.

In response, the Dakachin Gwarimpa, Alhaji Bayero Yakubu, expressed his appreciation for the outreach and affirmed the community’s readiness to collaborate with FIDA on future initiatives. He thanked FIDA for their invaluable efforts in empowering the community.

The women’s leader of the community, who also expressed profound gratitude to FIDA for the enlightening session, promised to take the knowledge gained back to her fellow villagers. She assured the delegation that the women would educate their families, especially their men, about their rights and the position of the law. The women also expressed their desire to form a closer relationship with FIDA, suggesting that Gwarimpa Village be adopted for future collaborations.

Onyedim-Etuwewe noted that, “FIDA’s outreach to Gwarimpa Village markes another successful step in its ongoing commitment to empowering women, children, and families in Nigeria.

“With the support of the community and its leaders, FIDA remains dedicated to advancing the protection of family rights and fostering a society where every family member is respected and valued.”

12-year-old victim narrates how she was sexually abused by mother’s lover

A 35-year old commercial motorcyclist, Ademola Adepetu, has been arrested for allegedly raping his lover’s 12-year old daughter. The victim who narrated her ordeal before an Akure Magistrate court said that she was locked inside a room and raped severally.

She said that her father had abandoned her and her two younger siblings, aged 7 and 3, while their mother also travelled to Libya in search of greener pastures two years ago.

According to her “Before travelling, my mother rented one-room apartment for us and left us in the care of her younger sister, who later absconded and never returned”. She blamed her parents for negligence, noting that the defendant took advantage of their abandonment.

She said the defendant lured her with promises of sponsoring her education, but ended up assaulting her sexually four times.

Meanwhile, Adepetu has been arraigned before the court on a one-count charge of unlawful sexual intercourse. The defendant who pleaded guilty, insisted that the girl was 15 years old when he had carnal knowledge of her.

He claimed that a 15-year-old girl was old enough to “know a man,” and that he married his first wife before she turned 12.

The police prosecutor, Martins Olowofeso, earlier informed the court that the offence was committed in Ondo town. Olowofeso said the mother of the victim, who was a girlfriend to the defendant, travelled to Libya after renting a room for her three children, then aged 10, 5, and 3.

“After the children’s mother left for Libya, the rent for the one-room apartment expired. The defendant then offered to accommodate the children and it was during the period that he began to sexually abuse the girl”, he said.

Olowofeso therefore prayed the court to remand the defendant at the Olokuta prison pending advice from the Department of Public Prosecution (DPP).

Ruling, Magistrate Grace Alphonso, ordered that Adepetu be remanded at Olokuta Prison pending DPP’s advice. Alphonso also ordered that the three children, who were abandoned by their mother, should be taken into custody for protection and counselling.

She further ordered that the children’s mother, who is currently abroad and expected to return from Libya, be denied visitation rights upon arrival.

Alphonso therefore adjourned the case to July 24, 2025, for further hearing.

Vanguard

Terror in Delta Kingdom: Herdsmen butcher man in wife’s presence, abduct 14-yr-old daughter

“They came suddenly into our farm, shouting in the Hausa language. My husband raised his hands and begged them. They commanded him to kneel. I was crying; I begged them not to kill my husband, but they laughed and shot him in the chest.

“Then, they turned to me and ordered that I should stop crying or I would join him. They cut me and left me to bleed,” Mrs. Abigail Eboseta, a 38-year-old farmer and mother of five, said with her voice trembling.

According to her: “They took my daughter away; she is 14 years old.” Mrs. Eboseta’s plight is among the many sad traumas that have bedeviled the indigenes of many communities in Idjerhe Kingdom, Ethiope West Local Government Area in Delta State, in recent times, by invading killer-herdsmen who have taken over their farmlands and forests.

She lives with her remaining children in a half-collapsed building in  Adejei community, surviving on borrowed food.

Her youngest son still asks, “Mommy, when will Daddy return from the farm?”

The fear in Idjerhe Kingdom is that the hijackers have forcefully taken the 14-year-old girl as a wife or to satisfy their sexual urge in the forest where they hibernate. Another young girl was similarly snatched in the same manner in the kingdom.

The Ovie (traditional ruler) of Idjerhe Kingdom, Ethiope West Local Government Area, Delta State, HM Obukohwo Monday Arthur Whiskey, the Udurhie 1, is reportedly having sleepless nights over the menace of killer herdsmen.

He had met with representatives of villages under his domain, youths, religious leaders, and others to find a solution to the mounting threat.

An alarmed chairman of the Niger- Delta Youth Council of Nigeria (NDYCN), Delta State chapter, Freedom Omoniyi Freedom, has asked the Commissioner of Police in Delta State, Olufemi Abaniwonda, to temporarily shift his office from Asaba, the state capital, to the local government area to tackle the abductors making life unbearable for the people.

Tears, blood, and fear in Idjerhe kingdom

Tension has enveloped the 44 satellite communities in Idjerhe Kingdom. The soil is wet, not from the rains expected of this planting season, but from tears, blood, and fear.

In the community’s green fields, once referred to as food basket, where laughter once echoed and cassava sprouted in neat rows, silence and sorrow are the only reminders.

Beneath the rustling leaves and the morning mist, there lurks a darkness that has shattered homes, dispersed farmers, and engraved fear into the soul of a people.

This is no longer just about insecurity. It is about survival. It is about children watching their mothers being dragged into the bush. It is about men weeping over the freshly dug graves of their wives. It is about mothers hiding in plantain groves, praying their babies won’t cry and give them away.

For the people of Irodo and Adeje communities in Jesse Town, the land that once gave life has now become a battleground—a place where farmers go and never return.

They held me hostage for 3 days and collected N5m ransom — Maureen, housewife

On Wednesday, May 14, they laid aside their hoes and cutlasses and took to the streets, not in rage, but in heart-rending desperation. One protester, Maureen, who hails from Irhodo community, was taken hostage and held captive for three nights in the forest.

“I was going to the farm when I ran into the kidnappers, who abducted me and took me deep into the forest, where they kept me for three days.

“It was on the third day that they called my husband on the phone and ordered him to pay N20 million ransom for my release. I   begged that we have no such money because we are poor farmers.

They refused, saying they could only reduce it to N15 million. I continued to beg them, and they asked me how much we would pay. I said N2 million; they refused. But they later said my husband should pay N5 million.

“My husband went to borrow money and sell his land to raise N5 million, which they collected before releasing me. Now, we are hungry, we do not go to the farm, and have no food. We are also unable to pay back the money we borrowed.

“I still hear them in my dreams. I still feel their hands on my body. My husband is still paying back the money he borrowed to free me. We have nothing left. The government should come to our rescue; the kidnappings have become too many,” she said.

Police arrested 3 youths who took a corpse to their station

A villager said angry youths took the remains of a native killed by suspected Fulani herdsmen in the forest to the police station to draw attention to their plight. But the Police arrested three of our youths and took them to Asaba.

“We call on the Commissioner of Police to release the youths because they did not commit any offence; they were only drawing attention to our plight with their action,” he said.

They kidnapped my daughter, Blessing — Mrs.  Edijala

Mrs. Grace Edijala did not eat for days after her teenage daughter, Blessing, was abducted while fetching firewood on the edge of their farmland.

“We thought it was just a delay. But evening came, then morning, then three days. On the fourth day, they called,” she said, clutching a wrapper to her chest. “They said if I talk to the Police, I will receive her head in a bag.”

Her voice broke completely as she whispered: “I have not heard anything since. My daughter is still in the bush. They said they would make her their wife.”

On my farm, I sustained this wound — Erumedafe, farmer

William Eruemedafe, his arm still bandaged from machete wounds, added: “This scar is what I brought back from my farmland. And still, nobody is safe. Even yesterday, someone else was taken.”

I am afraid to go to the  farm — Bright, cassava farmer

Ashe Bright, a once-thriving cassava farmer, sitting by his empty barn, said: “I wake up in the morning and stare at my tools. I do not use them anymore. If I go to the bush, I may never come back.”

Ethiope West turns den of kidnapping and theft — Omoniyi, NDYCN, Delta chapter chair

Omoniyi, in a statement titled: Insecurity: Relocate to Ethiope West now and help out, said: “I use this medium to call on the Commissioner of Police, Delta State, to relocate to Ethiope West Local Government Area with his full arsenal to help us quell this evil vice that is causing sleepless nights for our people.

“We need proactive actions in this situation, as it is getting out of hand. We want an Ethiope West devoid of rancour or strife. We want our farmers to go to their farms without fear and make a living, as Ethiope West is a food basket in Nigeria.

“We do not want our youths dying like chickens in the name of cultism, and theft shouldn’t linger in our communities.

“Ethiope West Local Government Area, which used to be a hub of peace, has now become a den of kidnapping and theft as farmers, residents, and even churches, are feeling the brunt of insecurity.

“Not a day passes by that we do not hear reports of kidnapping, theft, cultism, and other vices threatening peace in Oghara, Mosogar, and Idjerhe, the three kingdoms in Ethiope West Local Government Area.

“Our farmers can no longer go to their farms as herdsmen and kidnappers are on the rampage, kidnapping these very low-income earners who work tirelessly to get their daily bread, only to be kidnapped and asked to pay millions of naira that they do not have.

“Churches are now a new target as equipment worth millions is being carted away from churches by hoodlums, as we have seen reports flying daily. “Cultism is also a plague that has taken the lives of many young men with great prospects in Ethiope West, and it does not seem like it will end anytime soon.

We are tired of burying our own — Edomidaghan, ICDU president-general

On Saturday, the Idjerhe Clan Development Union (ICDU) convened an emotional press briefing at its secretariat in Jesse Town. It was not just a statement—it was a cry.

Chief Shelly Edomidaghan, ICDU president general, fought back emotion as he said, “Our people are tired of burying their own. Tired of abandoning farms. We are a peaceful kingdom. We don’t deserve this horror.”

He warned that the food supply to neighboring states like Edo, Bayelsa, and Rivers States may collapse, adding, “If Jesse falls, the food basket falls, and a hungry people is a dangerous people.”

Community leaders condemn the attacks and mass arrests

Hon. Solomon Ugbebor, the secretary general of the ICDU, condemned the mass arrests of local youths.

  “Yes, investigate, but do not victimize. Our boys are scared, angry, and tired. If this continues, peace will not hold,” he said.

  Chief Fidelix Agbakoko, the first vice president-general, added, “This cannot go on; the government must act now. Our people are not animals to be hunted in their land.”

  Hon. Simon Okoro, former ICDU secretary, emphasized, “Without our farms, Jesse has no economy; we are farmers. That is who we are, and we are currently being pushed into early graves, poverty, and silence.

  Children whisper to each other.

  Teachers in hinterland communities reported a decline in attendance, and children who are afraid.

  “When they hear motorbikes, our students hide under desks,” stated the head teacher, Mrs. Edokpolor.    Some people have stopped talking. As though raising their voices would attract kidnappers, they whisper.

A town on the verge of collapse

  Market women now pay three times the usual price to purchase produce from a distance.  “We once used baskets to transport cassava. We have debts now,” says trader Mama Rita.

“The devil now walks in the open here,” said local parishioner Reverend John Atawodi, adding, “No one is stopping him, either.”

The final scream

The last placard said, “We don’t want revenge,” and it was held by an elderly man who was barefoot and hardly able to stand. “We are trying to live.”

A thin line lies between hope and collapse in Irodo and other Idjerhe communities.  

If the Delta State government does not take action, it may find nothing but abandoned farms, empty homes, and people who scream but are not heard.

We are losing our people –  Ibori-Suenu raises the alarm in Abuja  

Far away at the federal chambers in Abuja, the voice of Idjerhe (Jesse) rose again—this time through Hon. Erhiatake Ibori-Suenu, Member representing the Ethiope Federal Constituency.

  In a motion of urgent public importance, she told the House of Representatives that what is happening in Jesse is not just rural unrest, but a humanitarian crisis.

  “The House must act. The Nigerian Police, the military, and security forces must move in,” she said. “We are losing our people. We are losing our food. And we are losing hope.”

  The motion, which was referred for legislative action, called on the Inspector General of Police to deploy tactical teams, the military to increase surveillance, and NEMA to begin relief intervention for affected families.

Vanguard News

𝗚𝗼𝘃𝗲𝗿𝗻𝗮𝗻𝗰𝗲 without legitimacy is a contradiction in terms (A Respectful rejoinder to Solad Ibas’ “I’m Laying Foundation For Good Governance In Rivers” Declaration)

By Sylvester Udemezue

MEMORY VERSE:
“Be you ever so high, the law is above you.”
~Hon Justice Chukwudifu Oputa

BACKGROUND:

In an interview, published by the Punch Newspapers on 20 May 2025, Vice Admiral Ibok-Ete Ibas (retd.), the Sole Administrator of Rivers State, emphasized his commitment to laying a solid foundation for good governance in the state. Appointed following the suspension of Governor Siminalayi Fubara amid a declared state of emergency, Ibas outlined his administration’s focus on restoring order, ensuring accountability, and implementing reforms aimed at long-term stability and development. He acknowledged the challenges inherent in his role but expressed determination to prioritize institutional integrity and public trust over short-term political gains. Ibas called for patience and cooperation from the citizens, assuring them that his administration’s efforts are geared toward creating a more transparent and effective governance structure in Rivers State.

MY COMMENT:

  1. Mother of All Ironies: With the greatest respect, it is both troubling and ironic that Mr. Ibas, whose emergence as the so-called “Sole Administrator” of Rivers State stems from the unconstitutional suspension of a democratically elected governor, would now purport to be laying the foundation for “good governance.” This assertion, though politically convenient, is fundamentally flawed in both logic and law. One cannot purport to build good governance upon a foundation that is itself built on illegality, unconstitutionality, and usurpation. Governance without legitimacy is not just defective; it is a complete contradiction in terms.
  2. The Rule of Law Is The Only True Foundation of Good Governance: Globally and constitutionally, the rule of law is universally acknowledged as the foundation of good governance. It is the condition that enables justice, fairness, transparency, and accountability in public administration. Without it, what we have is not governance, but a charade; a power grab masquerading as public service. As A.V. Dicey famously stated, the rule of law entails: (i) Supremacy of the law over arbitrary power; (ii). Equality of all persons before the law; (iii). Government authority derived from established legal frameworks. These principles are entrenched in Section 1(1) of the 1999 Constitution of Nigeria: “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.”
  3. Good Governance Does Not Emerge from Unconstitutionality and Illegality: Dear Mr. Ibas, good governance is not rhetoric. It is not found in press releases or hastily convened briefings and interviews. It is earned through legitimacy, constitutional compliance, and popular consent. Any claim to leadership that originates outside these boundaries is inherently void of moral and legal authority. The Supreme Court in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, reminded us thus: “The Nigerian Constitution is founded on the rule of law… the rule of law presupposes that the State is subject to the law.” Similarly, in Fawehinmi v. Inspector-General of Police (2002) 7 NWLR (Pt. 767) 606, the court emphasized that “In a democracy, power is derived from the people and must be exercised in accordance with the law.” This is reaffirmed by Section 14(2)(a) of the Constitution which provides: “Sovereignty belongs to the people of Nigeria from whom government derives all its powers and authority.” Where then is your legitimacy, sir?
  4. The Danger of Building on the Rubble of Lawlessness: You cannot break the law in the morning and claim to rebuild society in the afternoon. Power obtained outside the framework of the Constitution is not power; it is plunder in borrowed robes. True leadership begins with the lawful process. Anything else is a betrayal of democratic values and a dangerous precedent. This is why the call by several legal scholars, including in “Prelude To ‘Road To a State of Emergency in Rivers State…'” by Sylvester Udemezue (TheNigeriaLawyer, 2 April 2025), must be taken seriously. We are witnessing an erosion of constitutional order, and history will not look kindly on those who facilitated it under the guise of reform.
  5. Good Governance Requires Legal and Institutional Order: Good governance is rooted in: (i) Accountability; (ii). Transparency; (iii). Participation; (iv). Equity and inclusiveness; (v). The Rule of law, among others. I discussed the elements of good governance in a scholarly paper: see: Sylvester C. Udemezue, “Role of Company Employees in Promoting Corporate Governance: A Comparative Analysis of the Approaches in Nigeria and the United Kingdom” (2020) 3(1), Redeemer’s University Law Journal (RUNLJ) 191-210. ISSN: 2636-6462. (Online links: https://ssrn.com/abstract=3907553 or http://dx.doi.org/10.2139/ssrn.3907553). These essentials of good governance cannot be faked or manufactured. Truth is, when the rule of law is absent, (i) public officials become unaccountable;(ii) citizens’ rights are trampled; (iii). corruption thrives; (iv). institutions crumble. On the other hand, where the rule of law is upheld, (i). power is exercised responsibly; (ii). elections are meaningful; (iii). reforms are credible; (iv). development is sustainable. As Kofi Annan rightly said, “The rule of law is not a slogan but a basic condition for democratic governance.” And as Justice Chukwudifu Oputa famously warned: “Be you ever so high, the law is above you.”

In conclusion, it’s respectfully submitted that in the absence of legitimacy, governance doesn’t exist. Thus, until we restore fidelity to constitutional principles and uphold the sovereignty of the people expressed through elections, all talk of laying foundations for good governance in Rivers State remains hollow, self-serving, and a direct affront to the Nigerian Constitution. The starting point of any legitimate governance is legality. Anything short of this is a usurpation, not administration.
Respectfully,
Sylvester Udemezue (Udems),
Proctor, The Reality Ministry of Truth, Law and Justice (TRM).
[email protected].
(20 May 2025)

Adodo’s alarm over Governor Aiyedatiwa’s alleged disrespect for the constitution and the imperative of legal impregnability as a necessary condition for effective governance in Nigeria

By Sylvester Udemezue

  1. The Fifth Alteration (No. 23) Act, 2023 to the Constitution of the Federal Republic of Nigeria, 1999 introduced a notable reform to Section 192. A new Section 192(6) now provides: “Notwithstanding the provisions of subsection (2) of this section, the nomination of any person to the office of a Commissioner for confirmation by the House of Assembly shall be done within sixty days after the date the Governor has taken the oath of office: Provided that the Governor may appoint a Commissioner at any other time during his tenure, and such appointment shall be subject to confirmation by the House of Assembly.”
  2. A similar provision, designed to ensure timely formation of the Federal Executive Council and enhance effective governance, is seen in Section 147 (7), which provides: _”Notwithstanding the provisions of subsection (2) of this section, the nomination of any person to the office of a Minister for confirmation by the Senate shall be done within sixty days after the date the President has taken the oath of office: Provided that the President may appoint a Minister at any other time during his tenure, and such appointment shall be subject to confirmation by the Senate.”
  3. Although these amendments, as beautiful as they appear, were ostensibly designed to promote the timely constitution of Federal and State Executive Councils, and thereby enhance good governance by imposing clear deadlines for the nomination of ministers and commissioners, it is unfortunate that they provide no sanctions for non-compliance. Besides, the provisions are neither self-enforcing, self-executing, nor legally impregnable. As a result, the provisions are easy manipulate, and there are virtually no real consequences for a breach, except perhaps the theoretical option of impeachment by the legislature. Sadly, in a country like Nigeria, where the legislative arm at all levels often functions more as an appendage of the executive than as an independent check, it is almost laughable to expect the legislature to pursue such accountability measures. Consequently, there is no genuine compulsion on the President or any Governor to comply with these provisions.
  4. In a recent article titled “Inchoate Constitution Of The Ondo State Executive Council More Than Sixty Days After Governor Lucky Orimisan Aiyedatiwa’s Inauguration: Implications For Constitutional Compliance And Inclusive Governance”, published on 19 May 2025, my learned friend and respected public-interest advocate, Vincent Adodo, Esq., raises concern over the Governor’s failure to fully constitute the Ondo State Executive Council more than 60 days after assuming office, contrary to the constitutional requirement. According to Learned Adodo, only two commissioners have been appointed, leaving the majority of ministries without leadership. He argues that this delay undermines the inclusive governance envisaged under Sections 192(2) and 14(4) of the Constitution, both of which emphasize equitable representation and broad-based participation in governance. He therefore calls for urgent compliance through the nomination of commissioners from all nine federal constituencies in the state.
  5. With utmost respect to the learned author, I offer a cautionary reflection; while the Governor’s inaction is politically and morally troubling, the legal consequences may not be as far-reaching as presumed. In reality, provisions such as Sections 192(6) and 147(3) of the Constitution, though seemingly progressive, are ultimately pregnable, they allow for manipulation and lack the force needed to ensure compliance. These provisions reflect a wider pattern of poorly conceived and weakly enforced legal reforms, symptomatic of a system where institutions are fragile and individuals often exercise authority above the law.
  6. In a polity such as ours, where the rule of law is frequently subordinated to political expediency, any legal reform that permits discretionary delay or uneven enforcement is, in practical terms, ineffective. A law that cannot compel obedience or ensure accountability is, for all intents and purposes, useless.
  7. Our lived experience has consistently shown that the average Nigerian, when intent on evading the law, will exploit every loophole and discretionary window. Thus, the focus should shift from making more laws to making better laws, laws that are stiff, self-enforcing, and legally impregnable. For any law to be truly effective, it must be constructed in a way that compels automatic compliance and eliminates opportunities for delay or abuse.
  8. In a country where adherence to legal norms is often the exception rather than the rule, we need laws that reflect the difficult terrain they are meant to regulate. We must stop assuming that citizens and officials will naturally act in good faith. Instead, we must design laws that leave no room for manipulation. Cosmetic amendments like Section 192(6), without mechanisms for immediate enforcement or sanctions, fail to meet this standard.
  9. Indeed, the most effective guard against fraud and executive inertia is the elimination of discretion in enforcement. Our laws must foreclose the possibility of subjective interpretation or selective application by any stakeholder, especially those with vested interests in the system. Where discretion exists, abuse follows. Where enforcement is negotiable, compliance becomes optional.
  10. The hard truth, the REALITY, is that our Legislature has not yet demonstrated the will to drive real, transformative reform. Instead, it continues to offer superficial or even mischievous distractions, such as the constitutionally dubious proposal to impose compulsory voting, while ignoring the deeper structural problems that plague our governance system. In a forthcoming paper, I intend to further interrogate the concept of legal impregnability as a necessary condition for achieving meaningful effectiveness in governance, law enforcement, and public accountability. For those who have requested an example of an impregnable system change or legal reform, I have attempted to provide one in my paper titled “How Nigeria’s National Assembly Can Make the Electoral Act/System Impregnable on Electronic Transmission to Prevent Fraud During Election Result Collation.” [See: Udemezue, Sylvester, “How Nigeria’s National Assembly Can Make the Electoral Act/System Impregnable on Electronic Transmission to Prevent Fraud During Election Result Collation” (August 13, 2024). Available at SSRN: https://ssrn.com/abstract=4929155 or http://dx.doi.org/10.2139/ssrn.4929155].
    Respectfully,
    §¢µð𝓮̂𝓶𝓮̂𝔃µ𝓮̂
    Sylvester Udemezue (udems)
    Legal Practitioner, Law Teacher, and Proctor of The Reality Ministry of Truth, Law and Justice (A Public Interest Law Advocacy Group)
    08021365545 | 08109024556
    [email protected]
    19 May 2025

US Supreme Court gives clear passage for Trump to deport 350,000 Venezuelans

The United States Supreme Court handed Donald Trump a major immigration win as he seeks to speed up mass deportations amid a scathing back-and-forth between the president and the high court.

The order will allow Homeland Security Secretary Kristi Noem to strip away ‘temporary protected status’ (TPS) from 350,000 Venezuelan migrants.

Thousands of Venezuelan migrants have been living in the United States under the TPS program, which helps citizens of countries stricken by war or natural disaster get temporary work.

Their temporary protected status was extended under the Biden administration amid chaos under the Nicolás Maduro regime, but it was terminated by Kristi Noem.

In February, Noem ordered the TPS status extended to Venezuelans to be removed arguing that their presence in the U.S. is ‘contrary to the national interest.’

However, a judge in California blocked Noem’s action calling it ‘predicated on negative stereotypes’ and unconstitutional. 

Liberal Ketanji Brown Jackson, who was appointed by Joe Biden, was the only justice against the order giving Trump the green light to deport the migrants. 

Trump has pledged to deport record numbers of illegal migrants in the United States sparking months of back-and-forth legal drama making its way all the way up to the Supreme Court.

Trump was slapped down by the Supreme Court in another case on Friday blocking his use of the 18th Century Alien Enemies Act to deport migrants held in detention in Texas

Trump blasted that ruling on his Truth Social site over the weekend, calling it ‘a bad and dangerous day for America’ in his latest clash with the federal courts. 

He said the decision ‘will let more CRIMINALS pour into our Country, doing great harm to our cherished American public.’

Even as he fumed at the majority, he heaped praise on conservative Justices Samuel Alito and Clarence Thomas ‘for attempting to protect our Country.’ 

Trump and his top lieutenants have raged at lower court judges for slapping injunctions on administration policies with rulings that sometimes apply nationwide.

The TPS program is a humanitarian designation under U.S. law for countries stricken by war, natural disaster or other catastrophe, giving recipients living in the United States deportation protection and access to work permits. The designation can be renewed by the U.S. homeland security secretary.

The government under Biden twice designated Venezuela for TPS, in 2021 and 2023. 

In January, days before Trump returned to office, the Biden administration announced an extension of the programs to 2026.

Noem, a Trump appointee, rescinded the extension and moved to end the TPS designation for a subset of Venezuelans who benefited from the 2023 designation. 

The Department of Homeland Security said about 348,202 Venezuelans were registered under that 2023 designation.

Noem is accused of violating a federal law that governs the actions of agencies. 

The judge in California that struck down her move also said the revocation of the TPS status appeared to have been predicated on ‘negative stereotypes’ by insinuating the Venezuelan migrants were criminals.

‘Generalization of criminality to the Venezuelan TPS population as a whole is baseless and smacks of racism predicated on generalized false stereotypes,’ Judge Chen wrote in a recent order. 

He added that Venezuelan TPS holders were more likely to hold bachelor’s degrees than American citizens and less likely to commit crimes than the general U.S. population.

The San Francisco-based 9th U.S. Circuit Court of Appeals on April 18 declined the administration’s request to pause the judge’s order.

Justice Department lawyers in their Supreme Court filing said Chen had ‘wrested control of the nation’s immigration policy’ away from the government’s executive branch, headed by Trump.

‘The court’s order contravenes fundamental Executive Branch prerogatives and indefinitely delays sensitive policy decisions in an area of immigration policy that Congress recognized must be flexible, fast-paced, and discretionary,’ they wrote.

The plaintiffs told the Supreme Court that granting the administration’s request ‘would strip work authorization from nearly 350,000 people living in the U.S., expose them to deportation to an unsafe country and cost billions in economic losses nationwide.’

The State Department currently warns against travel to Venezuela ‘due to the high risk of wrongful detentions, terrorism, kidnapping, the arbitrary enforcement of local laws, crime, civil unrest, poor health infrastructure.’

The Trump administration in April also terminated TPS for thousands of Afghans and Cameroonians in the United States. Those actions are not part of the current case.

Daily Mail