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Never Standing Still: The extraordinary journey of Dr. Monday Onyekachi Ubani, SAN, PhD

Some professionals spend an entire career pursuing a single defining achievement. Others reach one milestone and immediately begin preparing for the next. Dr. Monday Onyekachi Ubani belongs firmly in the latter category. Lawyer. Senior Advocate of Nigeria. Scholar. Bar leader. Public servant. Christian leader. At every stage of his career, one accomplishment has served as the starting point for another challenge rather than the conclusion of a successful journey.

As he marks another birthday today, family, friends, colleagues and associates are celebrating more than another year in the life of a distinguished legal practitioner. They are celebrating a career built on constant growth, public service and an enduring conviction that learning and leadership should never stand still.

Read Also: Determination, Divine Grace and Destiny: The extraordinary journey of Monday Onyekachi Ubani, SAN, PhD

Dr. Ubani’s professional life reflects an uncommon willingness to embrace new responsibilities. After establishing himself in legal practice, he successfully contested for the chairmanship of the Nigerian Bar Association, Ikeja Branch, one of the Association’s most influential branches and the branch that once counted his mentor, the late Chief Gani Fawehinmi, SAN, among its members. His leadership there earned widespread recognition and eventually led to his election as Vice President of the Nigerian Bar Association, where he played an active role in advancing institutional reforms and strengthening the voice of the legal profession.

His next assignment would prove even more consequential. As Chairman of the NBA Section on Public Interest and Development Law (NBA-SPIDEL), he presided over a period that saw the Section emerge as one of the Bar’s most visible and influential platforms for constitutional advocacy, judicial independence, electoral reform, human rights and public accountability. Through regular public interventions, policy engagements and innovative programmes, SPIDEL became an important voice in national conversations on governance and the rule of law.

For many lawyers, attaining the rank of Senior Advocate of Nigeria represents the culmination of years of professional ambition. Dr. Ubani viewed it differently. Rather than resting on one of the highest honours in the legal profession, he returned to academic research, convinced that scholarship and legal practice strengthen one another. That decision culminated in the award of a Doctor of Philosophy (PhD) in Law by Babcock University, where he graduated as the Best Graduating PhD Law candidate at the University’s recent convocation, adding another dimension to a career already distinguished in legal practice.

His commitment to public service has been equally extensive. He currently serves as Chairman of the NBA Electoral Reform Committee, where he is helping to shape proposals for improving the Association’s electoral processes. He is also Legal Adviser to the President of the Senate, Legal Adviser to Assemblies of God Nigeria, and adviser to several corporate organisations and charitable institutions, responsibilities that reflect the confidence reposed in his professional judgment across both public and private sectors.

Outside the courtroom and public office, Dr. Ubani has remained deeply committed to his Christian faith. A Deacon in Assemblies of God Nigeria, an Ambassador of the Kingdom, a proud Clasfonite and a former President of the Full Gospel Business Men’s Fellowship International, Allen Executive Chapter, he has consistently regarded leadership as an opportunity to serve both God and humanity. His tenure in the Fellowship remains notable for pioneering the establishment of two new chapters in a single day, an achievement that reflected the same energy and organisational ability that have characterised his legal career.

Those who have worked closely with him often speak of his readiness to mentor younger lawyers, encourage professional excellence and lend his voice to causes that promote justice, constitutionalism and national development. Whether speaking on electoral reforms, judicial independence, constitutional governance or public accountability, his interventions have consistently reflected a belief that the law must remain a force for strengthening democratic institutions and protecting the rights of citizens.

Perhaps the defining feature of Dr. Ubani’s journey is not any single office he has occupied or honour he has received. It is the pattern that runs through his career. Each achievement has been followed by another pursuit of excellence, each responsibility by an even greater one, and each success by a renewed commitment to learning, service and leadership.

That pattern explains why his birthday resonates with so many people whose lives he has influenced over the years. They celebrate not only his accomplishments but also the example he continues to set: that professional distinction carries its greatest value when it is matched by integrity, scholarship, humility and a genuine commitment to the service of others.

As Dr. Monday Onyekachi Ubani, SAN, PhD, celebrates another year today, there is every reason to believe that the chapters still to be written will be every bit as significant as those that have already earned him respect within the legal profession, the Church and public life.

Happy Birthday to Dr. Monday Onyekachi Ubani, SAN, PhD.

Politicians who sell their own toes, By Lasisi Olagunju

Somewhere in present-day Osun State, about a hundred years ago, an oba ordered a manhunt for a troublesome strongman in his domain. The man, Kátákatà, was captured one night, killed and beheaded. His severed head was placed in a pot and brought to the oba. The palace erupted in celebration. At last, the nuisance was gone forever.

But at the height of the rejoicing, another celebration broke out outside the palace. It was Kátákatà himself, arriving with his drummers.

A stunned oba confronted him.

“But they brought your head to me this morning. It is in that room.”

“Kabiyesi,” Kátákatà replied, “that was not my head. It was your heir’s head they brought.”

How? The oba wondered as his visitor danced away.

Before noon that same day, Àrèmo (the heir to the throne) was brought home dead.

We heard the story many years ago from our fathers who insisted it was true. They pointed to a living old man who was Kátákatà’s ‘apprentice.’

There is another story, far more contemporary, that carries much the same moral.

Journalists often stumble on stories richer than the one they set out to find. The latest controversy in town is that the man we called maximum ruler, General Sani Abacha, died on top of a lady who was his girlfriend’s sister.

I read that Abacha report and felt like I heard or worked on something like that 28 years ago.

So, I went to the library of the Nigerian Tribune in search of the story.

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A newspaper archive is a strange place. It lies in ambush and catches you, no matter how alert you are. You go looking for one story, and another (often the better one), walks out to meet you. I was looking for General Abacha’s prized paramours when I found something else: an editor’s prison report more compelling than the tale of a dictator dying in the arms of his girlfriend’s sister.

Mr Femi Adeoti was the editor of the Sunday Tribune during the years of General Sani Abacha’s war against his enemies – the media and the political class. The editor published a story in May 1998 against Abacha and was arrested and detained at Agodi Prisons, Ibadan. There, he lived among, and interacted with, some of the most hardened inmates. He remained in custody until Abacha expired in June 1998.

Because every good editor is first a reporter, Adeoti spent his days in prison harvesting stories. When he regained his freedom, he told story after story about the inmates and the circumstances that brought them to jail.

The man published the first of his prison reports in the Sunday Tribune sometime in July 1998. I stumbled upon it last Friday while digging through the archives for our old reports on what killed Abacha. Then I felt an irresistible urge to reproduce it here because I see it as a metaphor for what I feel about Nigeria and the leaders it is blessed with.

My teacher taught me long ago never to abandon one story for another. I had planned to continue my celebration of Abuja and its budget of bandits but as the Yoruba say, bí ọmọde bá rí oyin, á sọ àkàrà nù—when a child finds honey, he throws away his bean cake. I am resisting that temptation. Every story deserves to be told. Tell both, or at your creative best, use one as a metaphor for the other. Metaphor. Yes. I do that here.

The prison story:

“In Agodi Prisons, Ibadan, I interacted with different characters. The moment they knew me as a journalist, I gained instant recognition and popularity. I kept receiving notes from the inmates—convicts and Awaiting Trial Males (ATMs). The characters were queer. Their stories were pathetic and interesting. The first person whose confession we will take today is a corpse robber.”

The voice above is the editor’s. What follows is the prisoner himself telling his story, raw:

“My name is…, but the inmates call me Orieku. I was born in 1972. I abandoned school in Primary Two. I just felt like leaving, so I left. I also left home in 1981. Since then, I have slept outside, mostly at Bode and under the Molete Bridge (Ibadan).

“One night under the bridge at Molete, an elderly man walked up to me and woke me. He was surprised to find me under the bridge at that odd hour, sleeping alone.

“He asked me to follow him to his house. He lived at Bode near Molete. It was at his house that I discovered he was a Babalawo (herbalist). I wanted to run away, but he calmed me down.

“I told him how I ran away from home and that my father died in 1973. My mother abandoned me and married another man. I did not want to follow her to her new matrimonial home. The Babalawo said he had a good job for me if I would do it.

“He told me he (Babalawo) specialized in using human parts for rituals and that he would like to recruit me to look for these human parts. He said I would look for where a dead had just been buried and go there in the night to exhume the body. That’s how I came into the business and became a corpse robber.

“This Babalawo was the only customer I knew. He would tell me what part(s) of the body he needed. And I would go for it.

“I had a very reliable informant. He knew almost every village around Ibadan. He would go into these villages to locate where they had just buried somebody. He would come back and give me a ‘perfect’ description of the place. Unfortunately, this informant is dead now. I would go to the location in the dead of the night to perform the ‘operation’. I would dig the grave, bring the corpse out and cut whatever part I needed. I would then re-bury it.

“I never cared to find out whatever happened after I might have exhumed the corpse. That was not my headache. Once I got what I wanted, my business with the corpse was over.

“I did not spare even my relations in my business. I went for their body parts and made good use of them.

“Christian corpses are very difficult to exhume. They are buried more deeply, unlike Muslim corpses.

“I was in business as a corpse robber between 1981 and 1986. Prices for these human parts were very cheap. Maybe that Babalawo was cheating me. He would pay N500 for head, N100 for fingers, N1000 for the two eyes and N500 for tongue.

“Throughout my career as a corpse robber, I sold only to that Babalawo. He would not allow me to sell to any other customer. He would always threaten me with charms.

“Then I left the business. Why I left was a long story.

“You see, my customer, that Babalawo, told me to look for the smallest toe on the left leg. And that it must be fresh. He said I must produce it within two days.

“It was a difficult task. I got in touch with my informant. He set at work. He told me a man was buried that morning in central Ibadan. I will not tell you the exact area, because people will easily remember the man.

“After giving the description, I prepared for my mission. I gathered my tools – digger (pick axe), cutlass and shovel. I set at work. I located the grave with ease because it is a popular area in Ibadan.

“They buried the man in an uncompleted building. So, nobody stayed near the building. I started work at about 1.30am, the grave was not deep, so the job was easy.

“Immediately I took the corpse out, I knew there would be trouble. The man was having beads on his neck, his two hands and legs. He was a Babalawo! I just summoned up courage and cut the toe. I put it back roughly and left the place hurriedly. I was afraid.

“I went straight to my customer and gave him the toe. The Babalawo was very happy and told me to come back later in the morning for my money.

“Because it was an emergency case, he said he would pay me N1000 for the toe. I was happy and went home to sleep.

“But when I woke up in the morning, the unusual happened. My wife suddenly woke me up and shouted: ‘What is wrong with your leg? Why the blood?’ I checked my leg and discovered that the smallest toe on my left leg was gone! The very toe that I cut from the dead Babalawo that night. I was terribly afraid and could not sleep again.

“I jumped up and went straight to my customer’s house. Immediately he sighted me, he began to rain abuses on me. He was angry and cursing me. ‘Why should you cut your own toe for me because of N1000?’ he shouted at me. ‘Why didn’t you tell me it is your own toe? I wanted the toe of a dead person, not a living human being.’ I tried to explain, but he would not listen. He just threw the toe at me and refused to pay me any money. He said the toe did not work because it was the toe of a living person. I took the toe, wrapped it in a paper and hid it from my wife. It became rotten and was carried away by a rat. The mark on my leg is this. You can see it (shows the editor his toeless leg).

“Why people call me Orieku (rat head)? Well, not much. They had wanted to call me Orioku (ghost head), but that would be too frightening. So they chose Ori Eku.”

Orieku said he left the business in 1986 and joined a popular theatre group in Ibadan as an apprentice. Then he diversified into petty stealing and burglary. It was that new vocation that took him to Agodi Prisons where he met the editor.

I read his story several times and saw the leadership of this country in Orieku. Nigeria’s political class is that corpse robber. The man thought he was cutting someone else’s toe. He discovered he had amputated his own.

It is common in Yorubaland to hear “Aṣeni ń ṣe ara rẹ̀.” The man who thinks he is cutting another person’s flesh may well be slicing into his own body. Those who think they are harming others often end up destroying themselves. The Kátákatà story, the corpse robber’s missing toe, and today’s politicians are all versions of the same tragedy: public wrongdoing is ultimately self-harm.

In 2022, we got the famous instruction: “Grab it, snatch it, and run with it.” If that season sounded brazen, the politics of 2026, as the country marches towards 2027, is even shriller. The scramble has become more desperate, the appetite less restrained. Little seems to matter anymore; not truth, not decency, not even who dies – so long as the grave robbers return with enough body parts to satisfy their dibias.

They are all stuck in the capital. Politicians who created bandit and terror groups in order to win elections; they can no longer go home to enjoy their loot. Those who dared return have found their own lives looted by the monsters they created. In destroying this republic and its democracy, they have turned their swords against the very sheath that once protected them. Every budget they poison with phantom projects and agencies, every institution they weaken with incompetent heads, every election they steal, every school abduction and terror act they condone with appeasement appears to injure someone else. But, one morning very soon they will wake up to discover that the missing toe is theirs.

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

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The vindication of Ernest Koroma, By Monday Philips Ekpe

Africa will gain immensely from the recent acquittal of a former Sierra Leonean leader, writes MONDAY PHILIPS EKPE

Year 2023 did not end exactly the way former Sierra Leonean President, His Excellency, Dr Ernest Bai Koroma, had anticipated. Out of the blues, allegation of a coup plot to violently unseat the government of President Julius Maada Bio was weaved around his neck. The investigations that followed didn’t unravel any concrete evidence against him. Yet, in the manner of what obtains in countries without strong, unbiased justice systems, it was clear that the legal processes could go wrong rapidly. That apprehension went outside the borders of the idyllic but beleaguered West African country. However, a timely relief, a “deus ex machina”, came his way in the form of a bail to seek medical attention in Nigeria.

And last week, well over two years after that intervention, Dr Koroma received another good news. The Office of Sierra Leone’s Attorney General and Minister of Justice announced the termination of all the criminal charges raised against him. It derived its powers from the country’s Section 45 of the Criminal Procedure Act, 2024. The Information Minister of Sierra Leone, Chernor Bah, was reported to have told the BBC that the sudden u-turn occurred on health grounds.

Whatever the rationale, the significance of the moment mustn’t be confined to narrow motivations and interpretations. An action capable of redefining and realigning an entire nation is now in motion. Sierra Leone is due for general elections in two years’ time. So, bringing the symbolic head of the main opposition party, All People’s Congress (APC), back to the country would indeed be a smart move by the government in power if it’s keen on demonstrating a commitment to cohesion, equity and electoral decency.

Yes, many analysts and observers continue to view the initial accusations against Koroma as phoney. But then, mistreatments and injuries inflicted for whatever reasons do happen and they won’t stop now. The latest government’s gesture, at least on the surface, shows that President Bio is magnanimous. Posterity may even give him flowers. Who knows? Koroma himself, in a statement on the discontinuation of his trial, has expressed his gratitude first to God, then to President Bio, and thereafter to other critical actors like the leadership of the Economic Community of West African States (ECOWAS), President Bola Tinubu of Nigeria and Nigeria’s National Security Adviser, Mallam Nuhu Ribadu.

Koroma’s reaction reveals his acclaimed essence: a man at peace with himself, whose vision is propelled by an assurance of a brighter tomorrow. His words: “My faith has remained anchored in His (God) providence and in the enduring conviction that peace, justice and reconciliation must always triumph over adversity… Our country has overcome far greater trials because we have always found the wisdom to place nation above self, to build bridges of understanding, strengthen the bonds that unite us and work together in pursuit of a stable and prosperous Sierra Leone for present and future generations…. I remain committed to every sincere effort that advances peace, strengthens our democracy and promotes the welfare of our people.”

That characteristic, manicured response isn’t surprising to persons who have followed the public life of the man who presided over Sierra Leone from 2007 to 2018. His personality was a huge factor in nurturing the country back to normalcy after its internecine 11-year Civil War that was officially proclaimed ended in January 2002 by the late President Ahmad Tejan Kabbah. In March 2014, the then Secretary General of the United Nations, Ban Ki-Moon, described Sierra Leone as one of the world’s sterling examples of post-war recovery and peaceful coexistence. To prove that the accolade wasn’t a fluke, at the end of Koroma’s tenure, the Global Peace Index declared the country as West Africa’s most tranquil nation and Africa’s third. 

How many people remember that Sierra Leone was the continent’s fastest-growing economy in 2014? That feat succumbed to the morbid weight of Ebola pandemic which arrived at its shores in May that year, unfortunately. By the time it was pronounced over by the government in March 2016, the mass death harbinger had done its worst. Not to also mention the unprecedented and devastating mudslides that hit the capital in August 2017. The responsibility of steering the ship of state at those excruciating periods statutorily rested on Koroma. That he shouldered it creditably and went on to conduct the elections which removed his own party from office shouldn’t ever be dismissed as inconsequential. That’s the signature of a true statesman.  

Watching him in the dock in Freetown in January 2024 was, therefore, painful for many. In my column first published in THISDAY on January 18, 2024 titled, “The Travails of Ernest Bai Koroma”, I voiced out the concerns of many others. It reads in part: “It’s quite ironic that Koroma may indeed have become a victim of his own magnanimity and sense of fairness. Much of Africa is still not a continent where standard democratic practices thrive, where the fidelity of the ballot is a given. Incumbent presidents do manipulate elections and their outcomes, many times brazenly, to their advantage…. Koroma’s current tribulation could appear to be a fight for his own image and future but the ramifications extend beyond that. He has earned a respectable spot as a national, regional and continental icon, a status his rivals may have to live with for a long time….

“Time is running out. So much noise has been made about the effort of ECOWAS to get Koroma relocated to Abuja, Nigeria’s capital city, away from the dangerous moves going on in the country fondly called ‘Salone’ by its citizens. Call it safe-landing. Call it rescue from sharks and leviathans. Or a sincere step towards avoiding a very present possibility of Sierra Leone’s descent into anarchy. The regional body shouldn’t add this case to the embarrassing illustrations of its waning stature. Bio must be helped to act responsibly and presidentially.”

Thankfully, happy ending is in sight. Bio has listened to the voice of reason – belatedly or otherwise – and acted accordingly. Happily, Koroma’s story is progressing nicely once again. He’ll continue with his role as African Union (AU) and ECOWAS’ distinguished representative to various nations for electoral and other purposes, a position obtained through his excellent democratic pedigree. Now, as Sierra Leone’s only living ex-president who has demonstrated unimpeachable devotion to his country’s lasting growth, Koroma should be positioned to contribute more even on the global stage. For this respected moral compass and a member of Africa’s limited club of genuine elite democrats, the best could still be ahead.

Ekpe, PhD, is a member of THISDAY Editorial Board

X: @monday_ekpe2

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

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For JAMB’s Ishaq Oloyede, By Lasisi Olagunju

In 1528, the sixteenth-century Italian writer Baldassare Castiglione published his classic, The Book of the Courtier (Il Libro del Cortegiano). One of the memorable words in that work is sprezzatura—his description of the art of making difficult things appear effortless. Oga Ray Ekpu invoked that word last week to describe Professor Ishaq Oloyede’s manner and his work.

I thank the legendary Ekpu for sending me back to Castiglione. In writing about the same man, however, I would rather use a string of simpler words: grace. Quiet strength. Emotional resilience garnished with uncommon candour. Succeeding where others fail is a gift; standing upright where others stumble is grace painted in theological colours.

Those are the words and phrases I choose for the man whose remarkable ten-year tenure as registrar and chief executive of JAMB now draws to a close. Professor Ishaq Oloyede has grit and grace, and the nation has watched them at work.

The Yoruba understand the limits of destiny. They say a benefactor may secure you a job, but he cannot do the work for you. Alágẹmọ may give birth to a child; whether that child dances well is entirely the child’s affair. Oloyede once told a gathering of editors that a former president recommended him to President Muhammadu Buhari for the appointment. The man who mentioned his name may have opened the door; but the mentioning did not keep him inside. His staying power was the way he handled himself and the job. The strongest testimony to that performance and his emotional intelligence was that he kept his office, his head and his credibility even after the two presidents had fallen out.

“When I was appointed registrar of JAMB ten years ago, it was strange to me. Did I need it? I was enjoying myself after serving as vice chancellor,” he told a room full of media men and women, academics and the civil society who had gathered last week to send him off at the close of a tenure that stands almost alone in its worth and consequence.

He described the beginning as strange. For the public, the dominant reaction was cynicism. It was another appointment by a government that had become synonymous with the drab and the dour. So, when Oloyede arrived a decade ago, many Nigerians dismissed him as just another labalábá—a butterfly destined to flutter briefly before vanishing into our vast forest of the forgotten. To the surprise of the watcher, the man cut through turbulence and calm and completed his long-haul flight with his wings colours intact. Ernest Hemingway, in a 1926 letter to the author of ‘The Great Gatsby’, F. Scott Fitzgerald, coined the phrase “grace under pressure.” That is an ideal which Oloyede spent ten years in JAMB turning into public administration.

Year after year, what others had treated as barren ground became, in his nimble hands, fertile soil for innovation, for integrity and measurable results.

Shakespeare wrote in ‘The Tempest’ that “What’s past is prologue.” Oloyede seemed to read that line as a challenge: so, with him, every successful year became merely the introduction to a better one.

You look at the man and remember Aesop’s fable of the thirsty crow. Faced with a pitcher whose water lay beyond reach, Aesop’s crow did not lament the obstacle or curse its fate. It patiently dropped pebbles into the vessel until the water rose to meet its mouth. Others walked away from the same problem; the crow found a solution. That, more than brilliance, is the mark of transformative leadership: the patient intelligence that raises the level instead of complaining about it.

There are people in whose hands every assignment becomes impossible. They are the sort in whose mouths even àkàrà turns into a jaw-breaking bone. Then there are the rare few like the outgoing JAMB minder, for whom àkàrà remains àkàrà; persons in whose mortar old yam and new yam are pounded with the same ease and mastery. In such hands, difficult tasks lose their menace, for competence is second nature.

To the self-possessed pilot, turbulence is merely the sky clearing its throat. That is my further description of Ishaq Oloyede: unflappable. He remained steady-handed throughout the few difficult moments he had to grapple with managing JAMB and its combustible affairs. The pilot never allowed the severity of turbulence to dictate the course of his flight.

Wordsworth wrote that “the best portion of a good man’s life” consists in “his little, nameless, unremembered acts of kindness and of love.” Public service demands a wider canvas, but the principle is the same. The worth of a public officer lies not in speeches but in the quiet accumulation of honest, heroic deeds whose effects outlive applause.

The exiting man’s score is not a hundred percent, but it is certainly above seventy-nine. What he could not fix is what his successor has been appointed to fix. I wish the new man, 40-year-old Professor Segun Aina, an even more fruitful tenure. British statesman, novelist and two times Prime Minister, Benjamin Disraeli, once observed that “almost everything that is great has been done by youth.” We will watch closely to see whether the new registrar proves Disraeli right. I pray he does. Pray, I must. I have no other choice: his Otan Ayegbaju hometown is only a four-minute walk from my Eripa.

Seventy-one-year-old Professor Ishaq Oloyede is one of the reasons this democracy has not scored a big, fat zero, as round and vacant as a shark’s eye. As the man takes his leave of JAMB, one hopes that Nigeria, a desert of competent, trustworthy players, will not ask its striker to hang up his boots. The nation still has new fields to till, new frontiers to cross, and new medals to win.

Court strikes down ₦10m penalty for political party suits, says National Assembly cannot tie judges’ hands

The Federal High Court in Abuja has declared unconstitutional a provision of the Electoral Act, 2026 that imposed a mandatory minimum penalty of ₦10 million each on litigants and their lawyers for filing suits relating to the internal affairs of political parties, holding that the National Assembly cannot dictate how judges exercise their discretion in awarding costs.

In a judgment delivered on Thursday, Justice James Kolawole Omotosho invalidated Section 83(6)(b) of the Electoral Act, describing it as an unlawful legislative intrusion into the judicial powers vested in the courts by the Constitution.

The suit, marked FHC/ABJ/CS/721/2026, was instituted by Abuja-based legal practitioner Christian Egbuchinem Nduka, who challenged the constitutionality of the provision against the Independent National Electoral Commission (INEC), the National Assembly and the Attorney-General of the Federation.

The disputed provision required both the claimant and counsel to pay not less than ₦10 million each whenever a court found that an action concerned the internal affairs of a political party. It also entitled INEC to recover legal costs and solicitor’s fees.

Justice Omotosho held that while the National Assembly possesses legislative authority over electoral matters, it cannot prescribe mandatory judicial sanctions in a manner that removes or fetters the discretion constitutionally vested in judges.

According to the court, the power to determine whether costs should be awarded, against whom they should be awarded, and the amount to be imposed remains an inherent judicial function that cannot be predetermined by legislation.

The court observed that a mandatory penalty, regardless of the facts of each case, undermines judicial independence and could discourage lawyers and litigants from approaching the courts where legitimate grievances exist.

Justice Omotosho, however, upheld the validity of Section 83(5) of the Electoral Act, which bars courts from entertaining disputes relating solely to the internal affairs of political parties.

The judge held that the provision merely codified long-settled Supreme Court authorities that matters relating to party leadership, membership, congresses and administration are generally non-justiciable.

Relying on decisions including Ufomba v. INEC, Oni v. Oyebanji, Anyanwu v. Emmanuel, Osagie v. Enoghama and Tumbido v. INEC, the court held that Nigerian courts have consistently treated such disputes as falling outside judicial intervention except where the Constitution or the Electoral Act expressly provides otherwise.

Justice Omotosho clarified that the provision does not completely shut the courthouse doors against political parties or aspirants.

He explained that aspirants retain the constitutional right to challenge the conduct of party primaries under Section 285(14) of the Constitution, while political parties may also institute proceedings against INEC where the electoral body allegedly fails to comply with the Electoral Act or other applicable laws.

“I hold that this provision is not a bar to access to court but a filter designed to weed out frivolous suits,” the judge said.

The court noted that political cases often receive priority because of constitutional timelines, only for many to turn out to be disputes over internal party affairs that unnecessarily burden the judiciary.

On INEC’s preliminary objection challenging the claimant’s locus standi, Justice Omotosho ruled that although being a legal practitioner alone does not automatically confer standing, the claimant had demonstrated sufficient legal interest because the impugned provision directly threatened the constitutional right of litigants to approach the courts through counsel.

“The claimant does not have to wait until he suffers actual injury. A threatened injury is sufficient to invoke the jurisdiction of the court,” the judge held.

The court, however, struck out the National Assembly from the suit after holding that the claimant failed to serve the mandatory pre-action notice required under the Legislative Houses (Powers and Privileges) Act before commencing proceedings.

Justice Omotosho described compliance with the notice requirement as a condition precedent to the exercise of the court’s jurisdiction over the legislature.

The challenge arose after Nduka argued that the mandatory ₦10 million sanction was capable of intimidating lawyers and litigants from pursuing legitimate claims and effectively transferred a judicial function to the legislature.

INEC had defended the provision, arguing that it was enacted to curb the proliferation of frivolous political suits and merely reinforced existing Supreme Court decisions limiting judicial interference in the internal affairs of political parties.

The Attorney-General of the Federation also maintained that the provision neither denied access to court nor imposed an excessive penalty, while the National Assembly contended that it possessed constitutional authority to prescribe sanctions for conduct it considered an abuse of the judicial process.

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ENDGAME: The Lawyer’s Brief (I) |The missing front in Nigeria’s war against terror

By Lillian Okenwa

For more than fifteen years, Nigeria has confronted terrorism principally as a security challenge. Public debate has revolved around military deployments, intelligence gathering, weapons procurement, casualty figures, rescue operations and the search for stronger operational strategies. Governments have responded with new commands, expanded military campaigns, increased security budgets and fresh legislation. The emphasis is understandable. Armed violence demands an armed response, and no nation can preserve its territorial integrity without capable security institutions.

Military operations, however, represent only one part of the constitutional machinery of the State. Every successful counter-insurgency campaign eventually reaches a stage where lasting progress depends less on the territory recovered than on the institutions capable of governing and protecting it. Communities devastated by violence require functioning schools, accessible courts, reliable policing, effective prosecution, compensation for victims and public agencies that command confidence long after military operations have ended. Without those institutions, tactical victories seldom mature into lasting peace.

Curiously, one institution that has shaped Nigeria’s constitutional history for decades has occupied only a marginal place in that national conversation. While security agencies, political leaders, intelligence experts and military strategists continue to dominate discussions on terrorism, the organised legal profession has remained largely outside the wider debate on how constitutional law itself can strengthen the country’s long-term response to organised violence.

This observation does not diminish the work of the criminal justice system. Terrorism suspects have been investigated, prosecuted and convicted under the Terrorism (Prevention and Prohibition) Act and other applicable laws. Prosecutors have discharged their responsibilities, defence counsel have represented accused persons and the courts have determined criminal liability in accordance with due process. Those proceedings remain indispensable to the administration of justice.

They do not, however, exhaust the possibilities offered by the law.

Across constitutional democracies, some of the most enduring institutional reforms have emerged not from executive directives but from carefully prepared litigation that compelled governments to fulfil obligations already imposed by constitutions and statutes. Judicial decisions have reshaped policing, prison administration, electoral governance, environmental protection, public accountability and victims’ rights without requiring judges to assume executive authority. The courts simply insisted that public institutions remain answerable to the law under which they exercise power.

Nigeria’s campaign against terrorism presents a comparable constitutional opportunity.

National debate has understandably concentrated on troop deployments, intelligence failures, negotiations with armed groups, rehabilitation programmes and criminal prosecutions. Those issues deserve sustained attention, yet they leave largely unexplored another question that reaches beyond individual criminal trials. Has the law itself been deployed as strategically as the military campaign it is intended to complement?

Criminal prosecutions determine whether particular individuals committed criminal offences. Strategic constitutional litigation asks a different question altogether: whether public institutions charged with protecting citizens are complying with the legal obligations imposed upon them by the Constitution and by legislation enacted in the public interest. The objective is not to substitute judicial authority for executive responsibility, but to strengthen the institutional framework within which that responsibility is exercised.

For a country that has lived with insurgency, mass abductions and organised violence for well over a decade, remarkably little attention has been devoted to public interest litigation as a means of improving institutional performance. Courts cannot direct military operations, pursue armed groups through forests or rescue hostages from captivity. They possess another power that is no less important in a constitutional democracy. They can require public authorities to discharge legal duties, explain decisions affecting fundamental rights and remain accountable for the exercise of powers entrusted to them by law.

Few professions understand that constitutional discipline better than the legal profession. Nigerian lawyers have repeatedly stood at decisive moments in the country’s democratic development, challenging military decrees, defending political prisoners, protecting judicial independence and expanding the frontiers of civil liberty through strategic litigation. Those interventions did more than resolve individual disputes. They strengthened institutions and helped define the constitutional character of the Republic.

The spread of terrorism presents another moment of constitutional consequence. It also presents an opportunity for the organised Bar to consider whether one of the gravest threats to Nigeria’s constitutional order has received the sustained legal engagement it deserves.

That question extends beyond criminal defence, prosecution or public commentary. It reaches into the broader responsibility of the legal profession to use the Constitution not merely as a document to be interpreted after crises occur, but as an instrument capable of strengthening the institutions expected to prevent those crises from becoming permanent features of national life.

Whether that opportunity has been fully explored is the question to which the next part turns.

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THE ₦8 BILLION QUESTION (Final Part): When the budget stops obeying the law

By Lillian Okenwa

A national budget is often described as a financial document. It is much more than that. It is one of the clearest expressions of how a government understands its constitutional responsibilities. Every appropriation is expected to answer two simple questions: What should public money be spent on, and which public institution is legally responsible for spending it?

The debate that erupted after the 2026 Appropriation Act earmarked ₦8.05 billion for the construction, renovation and equipping of churches and mosques has largely been framed as a contest between religion and development. It is an understandable reaction in a country grappling with rising poverty, strained hospitals, struggling schools, worsening insecurity and a cost-of-living crisis that has pushed millions of families to the edge.

But that debate, important as it is, may not even be the central issue.

As this series has shown, the allocations for religious projects do not stand alone. They form part of a broader pattern in which public agencies appear to be executing projects that bear little relationship to the laws establishing them. Research institutes are allocated funds to build royal palaces. Scientific agencies are asked to furnish traditional institutions. Agricultural colleges are assigned community infrastructure. Arbitration bodies become channels for projects involving religious organisations. Across the budget, statutory boundaries appear increasingly difficult to identify.

Read Also: THE ₦8 BILLION QUESTION (II): From churches to palaces, what does Nigeria’s budget really value?

Read Also: THE ₦8 BILLION QUESTION: Churches, Mosques… and a nation in crisis

Whether every allocation can ultimately be justified is a question for the relevant authorities. The more fundamental question is whether the architecture of public finance is gradually drifting away from the constitutional principles that are supposed to govern it.

The debate cannot end with whether churches, mosques or palaces deserve public support. The more fundamental issue is whether Nigeria’s budgetary process can lawfully assign public money to purposes that fall outside the statutory responsibilities of the agencies receiving those allocations.

The Constitution empowers the National Assembly to approve expenditure, but that power is exercised within a legal framework. Every Ministry, Department and Agency exists because an Act of Parliament created it, defining its mandate and the public purposes for which it may spend taxpayers’ money. An appropriation is therefore expected to finance those legally assigned functions, not to create entirely new ones by legislative insertion.

When a budget repeatedly assigns projects to institutions that were neither created nor equipped to undertake them, the issue is no longer simply one of accounting. It raises questions about administrative legality, institutional accountability and fidelity to the constitutional design of government.

This is why the controversy surrounding the 2026 budget cannot be reduced to arguments over whether churches deserve support or whether traditional rulers should have modern palaces. Religious institutions play significant roles in education, humanitarian services and community development. Traditional institutions continue to occupy important cultural and social positions in many parts of Nigeria. Those facts are not in dispute.

A more fundamental question therefore emerges. Can an annual appropriation law transform the legal responsibilities of a government agency? Ministries, Departments and Agencies are creations of statute, not of the budget. Their authority flows from their establishing Acts, which define both their functions and the limits within which they may lawfully expend public funds.

A research institute established to advance science cannot become a construction agency merely because an appropriation line says so. A health institution does not automatically acquire the mandate to renovate palaces because funds have been inserted into its capital budget. An agricultural college cannot lawfully become a vehicle for executing constituency projects unrelated to agricultural education simply because the projects appear in an Appropriation Act.

Appropriation authorises expenditure; it does not rewrite the statutes establishing public institutions.

That constitutional principle has received little public attention during the current controversy, yet it may be the most consequential issue raised by the 2026 budget.

When Mandates Become Suggestions

Every public institution exists for a reason. The National Board for Technical Education regulates technical education. The Nigerian Building and Road Research Institute conducts research into construction technologies and building materials. The National Institute for Cancer Research and Treatment exists to coordinate cancer research and treatment. The Industrial Arbitration Panel resolves trade disputes. Their statutory mandates are neither accidental nor interchangeable.

Those mandates exist to ensure competence, accountability and clarity in government. Citizens know which institution is responsible for which function. Parliament knows where to direct oversight. Auditors know what standards to apply. The public knows who should answer when projects fail.

Once those boundaries become blurred, accountability begins to blur with them.

If a cancer research institute is allocated funds to renovate district heads’ palaces, who determines whether the project represents value for money? If an agricultural institution builds community infrastructure, which performance indicators should the National Assembly apply during oversight? If an arbitration panel procures equipment for religious organisations, under what statutory authority is its performance to be measured?

These are not merely administrative curiosities. They go to the heart of responsible government. A constitutional democracy depends not only on honest spending but on lawful spending. Public institutions are expected to act within the powers granted to them by law. That principle protects citizens against arbitrary government, prevents institutional confusion and ensures that specialised agencies remain focused on the public purposes for which they were created.

The framers of the Constitution understood that public finance is inseparable from public accountability. Money follows responsibility. Responsibility follows law.

When that sequence is reversed, institutions gradually cease to be defined by their legal mandates and begin to be defined instead by whatever projects happen to appear in the annual budget.

And that is where constitutional drift begins.

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The Sundiata Post Model (4): Realm of the long term

By Max Amuchie | The Sunday Stew 

 This fourth instalment of the Sundiata Post Model asks the inevitable question: What must a knowledge-producing newsroom do to survive, adapt and remain relevant across generations? 

That question is the gateway to what we call the Realm of the Long Term.

Every institution eventually enters the Realm of the Long Term. It is the stage at which immediate success gives way to enduring relevance, and where the central question is no longer whether an organisation can perform today, but whether it can continue creating public value across generations. Entering this realm requires more than ambition. It demands governance, institutional memory, financial resilience, leadership succession, continuous learning and an unwavering commitment to trust. This is the realm in which institutions either become enduring or gradually disappear.

The Realm of the Long Term is the point at which management ceases to focus primarily on performance and begins to focus on long-term stewardship. Decisions are evaluated not only by their immediate outcomes but by their contribution to the institution’s capacity to create enduring public value across generations.

Within the Sundiata Post Model the Realm of the Long Term rests on seven interdependent pillars: Financial Sustainability, Human Capital and Leadership, Knowledge Stewardship, Governance, Innovation and Adaptation, Trust and Reputation, and Mission Continuity. Together, these pillars determine whether an institution merely survives the present or continues creating public value across generations.

Financial Sustainability

Financial Sustainability is the institution’s capacity to generate, diversify, steward and invest financial resources in ways that preserve its independence, strengthen its capabilities and enable it to pursue its mission across generations.

Financial Sustainability is the institution’s capacity to generate diverse, mission-aligned sources of income that preserve its independence while strengthening both its Media Operations Engine and its Knowledge Operations Engine over the long term.

No institution, however compelling its vision or noble its mission, can endure without the economic capacity to sustain its work. Institutions do not survive on ideas alone. They survive because they deliberately create the financial resources that allow those ideas to mature into enduring public value.

Within the Sundiata Post Model, Financial Sustainability is understood differently from its conventional treatment in management literature. It is not simply about generating revenue, balancing budgets or maintaining profitability. Rather, it is the strategic financing of a knowledge-producing institution. Its purpose is to preserve institutional independence while providing the resources required to sustain both the Media Operations Engine and the Knowledge Operations Engine over the long term.

The Media Operations Engine generates value through journalism and public engagement. Its financial ecosystem includes advertising, brand partnerships, digital marketing, content syndication, commercial publishing, multimedia production, conferences, annual lectures, policy dialogues, executive forums and other public-facing institutional activities. These are not merely commercial ventures; they are mission-aligned enterprises that strengthen the institution’s capacity to produce independent journalism.

The Knowledge Operations Engine expands the institution’s financial horizon beyond the traditional economics of media. As the institution generates original knowledge, it creates opportunities for research grants, commissioned studies, partnerships with universities, think tanks and research institutions, collaborative projects with international organisations, consultancy, executive education, policy research, book publishing, biographies, proprietary datasets and the licensing of analytical frameworks, indices and methodologies. Knowledge itself becomes an institutional asset capable of creating both public value and sustainable income.

This represents a fundamental shift in how media organisations think about finance. The Sundiata Post Model recognises that journalism and knowledge production are complementary economic activities. The first generates public attention, civic engagement and commercial opportunities; the second generates intellectual capital, scholarly influence and knowledge-based revenue. Together, they produce a diversified and resilient institutional economy capable of supporting long-term growth without compromising editorial independence or research integrity.

Financial Sustainability therefore extends beyond accounting. It encompasses the institution’s capacity to build strategic partnerships, secure collaborative projects, attract research funding, develop intellectual property and transform original ideas into enduring institutional assets. 

In the Realm of the Long Term, Financial Sustainability is ultimately the stewardship of institutional resources in service of institutional purpose. It is the first pillar because every other pillar depends upon it. Without sustainable financing, governance becomes fragile, knowledge production becomes intermittent, innovation slows, leadership development suffers and institutional memory gradually erodes. 

2. Human Capital and Leadership

If Financial Sustainability provides the economic foundation of an enduring institution, Human Capital and Leadership provide its human foundation. Buildings, technology, financial resources and even brilliant institutional designs do not create enduring organisations by themselves. Institutions ultimately rise or decline because of the quality of the people who lead them and the culture they cultivate.

Within the Sundiata Post Model, Human Capital extends beyond recruitment. It encompasses the deliberate attraction, development, retention and continuous renewal of talented professionals who possess not only technical competence but also a commitment to the institution’s mission, values and standards. An institution enters the Realm of the Long Term only when it begins to think beyond filling positions to building generations of capable people.

Leadership occupies a special place within this pillar. The true measure of leadership is not merely what is accomplished during a leader’s tenure, but what remains after that tenure has ended. Institutions become enduring when leadership is viewed as stewardship rather than ownership. Every generation of leaders inherits an institution from those who came before and bears the responsibility of strengthening it for those who will come after.

This requires intentional investment in professional development, mentorship, succession planning and organisational culture. Expertise must be cultivated. Institutional values must be transmitted. Leadership pipelines must be continuously renewed. The departure of talented individuals should never threaten the continuity of the institution because knowledge, experience and responsibility lhave been systematically transferred to the next generation.

For a knowledge-producing institution, this responsibility becomes even greater. Journalists must continuously improve their craft. Researchers must deepen their methodological competence. Editors must strengthen both editorial judgment and institutional leadership. The objective is not merely to employ professionals but to cultivate an intellectual community capable of sustaining journalism, research and public service over the long term.

3. Knowledge Stewardship

Knowledge Stewardship is the deliberate creation, preservation, governance and transmission of institutional knowledge so that learning accumulates rather than disappears.

Every institution produces knowledge through its daily operations. Yet much of that knowledge is often lost through staff turnover, poor documentation or organisational neglect. The Sundiata Post Model rejects this waste. It regards datasets, editorial experience, research outputs, methodologies, institutional records and accumulated expertise as strategic assets that must be governed, preserved and continuously enriched. Knowledge stewardship transforms experience into institutional capital.

4. Governance

Governance is the system of structures, principles and accountability through which an institution safeguards its mission, exercises authority responsibly and makes sound strategic decisions.

Strong institutions are not sustained by personalities alone but by systems that outlive individuals. Effective governance establishes clear responsibilities, ethical standards, transparency, accountability and strategic oversight. It protects institutional integrity during periods of growth, crisis and leadership transition. Within the Realm of the Long Term, governance provides stability without preventing innovation.

5. Innovation and Adaptation

Innovation and Adaptation are the institution’s capacity to respond intelligently to changing technological, economic and social environments while remaining faithful to its core mission.

Long-term institutions do not survive by resisting change. They survive by adapting continuously without abandoning the principles that define them. Innovation therefore extends beyond technology. It includes new products, new organisational practices, new revenue models, new research methods and new ways of engaging society. Adaptation ensures relevance; mission provides continuity.

6. Trust and Reputation

Trust and Reputation constitute an institution’s accumulated credibility, earned through consistent competence, integrity and public service over time.

Trust is not created by slogans or marketing campaigns. It is built gradually through countless decisions that demonstrate reliability, fairness and professionalism. Reputation becomes one of an institution’s most valuable strategic assets because it influences public confidence, partnerships, talent recruitment and long-term legitimacy. In the Sundiata Post Model, trust is not simply an ethical aspiration; it is an institutional resource that must be deliberately protected.

7. Mission Continuity

Mission Continuity is the institution’s ability to preserve its fundamental purpose while continually renewing its strategies, structures and methods.

Institutions that endure distinguish between mission and method. Their purpose remains constant even as the means of fulfilling that purpose evolve. Mission continuity prevents organisations from losing their identity in response to short-term pressures while enabling them to adapt confidently to changing circumstances. It provides the enduring direction that unites successive generations of leaders, professionals and stakeholders.

The seven pillars are mutually reinforcing. They are not independent compartments that can be strengthened or weakened in isolation. The erosion of one inevitably affects the others, because institutions endure as integrated systems rather than as collections of separate functions.

Without Financial Sustainability, you cannot recruit and retain the best people (Human Capital and Leadership).

Without capable people, Knowledge Stewardship deteriorates.

Without Knowledge Stewardship, Innovation and Adaptation becomes weak because there is little accumulated knowledge to build upon.

Weak Governance eventually damages Trust and Reputation.

Once trust declines, revenue suffers, weakening Financial Sustainability again.

Eventually, Mission Continuity is threatened.

The Global South 

While the region has produced many outstanding newspapers and broadcasters, relatively few have demonstrated the kind of uninterrupted institutional continuity that characterises some of the world’s oldest media organisations. Political instability, economic volatility, succession challenges, fragile governance structures and rapidly changing media economics have made institutional longevity the exception rather than the rule. 

The Realm of the Long Term is therefore not merely about preserving an existing institution; it is about addressing one of the enduring structural weaknesses of media development in Africa and much of the Global South. The ambition is to build media organisations that do not merely survive their founders, but continue to generate public value across generations.

However, there are few media institutions that have proved capable of surviving across generations. In Nigeria, the Nigerian Tribune, founded in 1949 by Obafemi Awolowo, has endured for more than seven decades, surviving colonial rule, independence, military governments, democratic transitions and the digital revolution. In South Asia, The Hindu in India, established in 1878, and Dawn in Pakistan, founded in 1941, have likewise sustained their institutional identities through profound political, economic and technological change. In the developed world, organisations such as Reuters (founded in 1851), The Economist (established in 1843),  The New York Times (founded in 1851) have demonstrated similar resilience over even longer periods.

The longevity of these institutions suggests that enduring media organisations share certain characteristics. They invest in governance, preserve institutional memory, renew leadership, adapt to technological change, cultivate public trust and develop sustainable business models. Their endurance is rarely accidental; it is the product of deliberate institutional choices sustained over decades.

The Sundiata Post Model seeks to identify, organise and systematise institutional principles that appear repeatedly among such media organisations. In that sense, it is both descriptive and prescriptive. It draws lessons from enduring institutions while proposing a coherent framework for building the knowledge-producing newsroom of the twenty-first century.

Finally, history shows that ideas sometimes outgrow the domains in which they were first conceived. Sun Tzu’s The Art of War was written as a treatise on military strategy, yet its principles have since informed thinking on business, leadership and organisational management. Likewise, while the Sundiata Post Model is proposed as a framework for twenty-first-century journalism, its underlying principles of knowledge production, institutional memory, governance and long-term stewardship may ultimately prove relevant to other knowledge-intensive organisations. Whether that broader applicability emerges is not for me, as its author, to determine, but for others—scholars, intellectuals, media executives, publishers, and management experts—to test, adapt, critique and refine through practice.

Trust is sacred. Stay seasoned 

Dr. Max Amuchie is a Scholar-Journalist, Media CEO, Lead Researcher at the Sundiata Post Intelligence Unit (SPIU), and an Expert Member and Peer Reviewer at ScienceOpen. He is the architect of The Insecurity Triad framework for African security analysis as well as the Trinity of Sovereignty Decay (formerly Trinity of State Decay) theory, and the Decoupling Sovereignty Index (DSI)—original frameworks for understanding, categorising, and measuring conflict, state decay, and sovereignty in the Global South. 

X: @MaxAmuchie | Email: [email protected]

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

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Dissenting Judgment: The lonely voices in the wilderness |An excerpt from the Full Chapter, By Pastor Hezekiah Deboboye Olujobi, CRJ

I wish to express my sincere appreciation to all My Lords and legal luminaries in the temple of justice—those still serving and those who have retired, the living and those who have passed on—from the highest judicial officer to the humblest court clerk.

By ordinary human standards, I may not be considered qualified to stand before such distinguished minds.

 I am not qualified to rise and utter a word while the court is in session. Yet one thing is certain: by grace and circumstance, I have gained access to My Lords in their chambers, access to the courts and, most importantly, access to court records.

One truth about judicial records is that they do not die.

Records preserve the voices of people long after the courtroom has become silent. They carry the testimonies of accused persons, the arguments of counsel, the reasoning of judges, the pain of victims and the unanswered cries of those who may have suffered injustice.

The prison is like a graveyard. Many people enter it and disappear from public attention. 

Their voices become faint, their names are forgotten and their stories are buried beneath the weight of conviction.

Whenever I enter a court registry to obtain a Certified True Copy of a judgment or other court records, and I see the registers and case files arranged in orderly rows upon the shelves, my heart is deeply stirred.

Each file contains a life.

Each register contains a story.

Each judgment carries consequences that may continue for decades.

Whenever I begin to read those records, it is as though I hear a voice crying in the wilderness:

“Justice! Justice!! Justice for the oppressed!”

Sometimes, however, I realise that the loudest cry heard before God may not be the voice of the prisoner. It may be the voice of the prisoner’s mother or father—the cry of parents who go to bed every night carrying the burden of a child behind prison walls.

The prisoner may have become accustomed to suffering. He may have lost the strength to cry or surrendered himself to despair. Yet somewhere outside the prison walls, an aged mother is still praying. A father is still asking questions. A wife is still waiting. Children are still wondering when their parent will return home.

Those voices may never appear in the official proceedings of the court, but they rise before the throne of God.

 WHEN ONE JUDGE HEARS ANOTHER VOICE

Sometimes, in the midst of a majority judgment, one judge hears what others have not heard.

One judge sees the doubt that others have overlooked. One judge identifies a weakness in the evidence and refuses to follow the majority merely for the sake of uniformity.

That judge may stand alone. The opinion may not carry the day. The accused may still be convicted, and the appeal may still be dismissed.

 _Nevertheless, the dissenting judgment remains in the record—a lonely voice in the wilderness, waiting for a future generation to listen. 

A dissenting judgment is the opinion of a judge who disagrees with the conclusion reached by the majority of the court. It does not ordinarily determine the immediate outcome of the case, but it remains permanently within the judicial record.

A majority judgment may bring a case to an end while leaving important questions unanswered. A dissenting judgment may preserve another judicial answer to those questions.

It may expose weaknesses in the prosecution’s evidence, identify a legal principle that has been wrongly applied, question the reliability of a confession, draw attention to contradictions in the testimony of witnesses or warn that the standard of proof beyond reasonable doubt has not been satisfied.

The fact that several judges agree does not automatically make their conclusion infallible. In the same way, the fact that one judge disagrees does not necessarily make that judge wrong.

Judges are human beings, and human beings may honestly differ in their interpretation of the facts, the evidence and the law.

In criminal justice, such disagreement deserves special attention because the consequences of error may be irreversible. A person may lose liberty, spend decades in prison or be sentenced to death.

Where one member of an appellate panel finds that the evidence is unsafe, that the requirements of the law have not been satisfied or that the conviction should not stand, that disagreement should not be treated as an insignificant footnote.

It may be a warning.

It may be an invitation to examine the record again.

It may be the first judicial recognition that a miscarriage of justice has occurred.

 THE CASE OF OLUSOLA ADEPETU

The case of Olusola Adepetu v. The State, Supreme Court Appeal No. SC.176/1997, reported as (1998) 9 NWLR (Pt. 565) 185 and (1998) 7 SC (Pt. I) 117, demonstrates how a dissenting judgment may become a powerful instrument of lawful advocacy.

Olusola Adepetu was convicted and sentenced to death in connection with the death of his girlfriend, Miss Ranti Moradeyo. 

The case became widely associated in public discussion with ritual killing, although the medical evidence showed that no part of the deceased’s body had been removed.

His appeal eventually reached the Supreme Court. On 10 July 1998, the majority dismissed the appeal and affirmed his conviction. However, the dissenting opinion preserved an alternative judicial examination of the evidence and the circumstances surrounding the alleged offence.

When the Centre for Justice, Mercy and Reconciliation began examining the case, many people were unwilling to listen. The majority judgments appeared to have brought the matter to a final conclusion.

However, the dissenting judgment drew attention to important weaknesses in the case, including the medical evidence. What had previously been dismissed as the argument of an advocate was now supported by the independent reasoning of a Justice of the Supreme Court.

The dissent did not automatically reverse the judgment or establish his innocence. It did, however, confirm that the concerns raised about the evidence were not merely emotional objections from an outside advocate. A Justice of the Supreme Court had also examined the record and reached a different conclusion.

The dissent became a lawful instrument of advocacy.

It became the lawful weapon with which we confronted a long-held public opinion.

After spending twenty-six years in prison, Olusola Adepetu eventually regained his freedom on 16 October 2016.

The majority judgment ended the appeal, but the dissenting judgment opened another chapter in the search for justice. The case could travel no higher within the judicial system, but the dissent remained alive in the court record and became a foundation for lawful advocacy, public reconsideration and eventual mercy.

 THE CASE OF SUNDAY JACKSON

A more recent illustration can be found in Sunday Jackson v. The State, Supreme Court Appeal No. SC/CR/1026/2022.

The Supreme Court of Nigeria delivered its judgment on 7 March 2025. By a majority decision, it upheld Sunday Jackson’s conviction and death sentence for culpable homicide punishable with death. Justice Helen Moronkeji Ogunwumiju delivered a dissenting judgment and would have allowed the appeal.

The case arose from a violent encounter on farmland. Jackson maintained that he had been attacked with a dagger, that he disarmed his attacker during the struggle and that he acted in self-defence.

The majority concluded that, after Jackson had disarmed his attacker, the immediate danger had ended and that the force he subsequently used was excessive.

Justice Ogunwumiju disagreed. Her dissent preserved another judicial interpretation of the evidence and the law. She considered the realities confronting a person already involved in a violent and life-threatening struggle and concluded that the circumstances supported Jackson’s plea of self-defence.

Although the dissent did not determine the immediate outcome of the appeal, it kept the legal and moral questions surrounding the conviction alive. It provided a strong foundation for continuing public advocacy and appeals for executive mercy.

On 23 December 2025, the Governor of Adamawa State, Ahmadu Umaru Fintiri, granted Sunday Jackson a state pardon after he had spent more than a decade in custody.

The dissent did not itself open the prison gate. The formal act that secured his freedom was executive mercy. Nevertheless, the dissent helped preserve the questions that advocacy later carried before the public and the appropriate authorities.

That is one of the enduring purposes of dissent: it ensures that the judgment which prevailed is not the only judicial voice preserved for history.

Olusola Adepetu gained freedom after twenty-six years.

Sunday Jackson gained freedom after more than a decade.

In both cases, dissent preserved a judicial voice upon which sustained advocacy could build.

 WHY DISSENT MUST BE ENCOURAGED

Dissent should be encouraged within the judiciary, particularly in difficult criminal cases where the evidence, reasoning or application of the law is capable of more than one reasonable interpretation.

The majority will ultimately have its way because judicial decisions are determined by the greater number. However, the fact that the majority controls the outcome should not prevent each member of the panel from undertaking a critical and independent examination of the record.

Where several judges are considering the same appeal, each judge must be free to examine the evidence from another perspective, question assumptions that others may have accepted, identify contradictions that may have been overlooked and determine whether the prosecution truly proved its case beyond reasonable doubt.

Such independence should not be regarded as rebellion, disloyalty or an attack upon fellow judges. It should be recognised as an expression of judicial courage, intellectual honesty and freedom of conscience.

A judge who dissents does not necessarily claim superior wisdom over the majority. The judge simply preserves another line of reasoning for the record.

That reasoning may later assist a higher court, future judges, legal scholars, defence counsel, Attorneys-General, Boards of Mercy, innocence organisations or other lawful authorities examining whether justice was truly done.

The absence of dissent in every case may create the impression that all members of the court reached precisely the same conclusion without uncertainty. Yet difficult criminal cases frequently contain conflicting evidence, questionable confessions, doubtful identification, missing witnesses, incomplete medical evidence or unresolved contradictions.

In such circumstances, independent judicial reflection should be welcomed.

Encouraging principled dissent preserves the collective wisdom of the judiciary. It ensures that the official record contains not only the reasoning that prevailed but also the strongest argument against it.

The majority judgment determines the immediate fate of the case. The dissenting judgment preserves the possibility that another interpretation may be wiser, safer and more consistent with justice.

True judicial harmony does not mean that every judge must think alike. It means that judges may disagree respectfully, reason independently and remain united in their commitment to justice.

 DISSENT AND THE INTELLECTUAL LABOUR OF DEFENCE COUNSEL

A principled dissent also preserves the intellectual labour of defence counsel.

In many criminal proceedings, counsel may present brilliant arguments arising directly from the record, only to have those submissions rejected by the majority. 

The lawyer must bow respectfully and say:

“ As the Court pleases.”

Yet the lawyer may leave the courtroom carrying the pain of unanswered questions and the burden of knowing that another person’s liberty or life is at stake.

A dissenting judgment may bring relief to that professional and intellectual pain. It may confirm that the submissions were not empty, frivolous or misplaced. It may demonstrate that at least one member of the court carefully considered the arguments and found sufficient reason to disagree with the majority.

The dissent therefore preserves not only the conscience of the judge and the voice of the accused but also the intellectual contribution of the lawyer who stood in defence of liberty.

A dissenting judgment may not open the prison gate on the day it is delivered.

But it can preserve the key that may one day open that gate.

The dissent gives the accused a voice. It gives the judge freedom of conscience. It recognises the intellectual labour of defence counsel. It preserves the wisdom and credibility of the judiciary.

Above all, it gives future generations an opportunity to discover that the argument which failed yesterday may contain the truth required for justice tomorrow.

A dissenting judgment is therefore sometimes more than a minority opinion.

It is the lonely voice in the wilderness crying:

“Examine the record again. Do not allow finality to bury the truth. Justice has not yet finished speaking.”

AUTHOR’S NOTE

This publication is only an excerpt from the full chapter.

The complete chapter develops twelve principal arguments on the significance of dissenting judgments in criminal justice, their limitations, their value to the judiciary and their potential role in identifying and correcting miscarriages of justice.

The full chapter is reserved for publication in my forthcoming book:

Miscarriages of Justice: A Global Injustice

WHAT IS YOUR OPINION?

Should dissenting judgments be more strongly encouraged in difficult criminal appeals, particularly where the life or liberty of an accused person is at stake?

Have you encountered a case in which a dissenting judgment later proved wiser than the majority judgment?

Please read, reflect and drop your opinion.

Do you know someone who should read this? Please share it with them.

Pastor Hezekiah Deboboye Olujobi, CRJ

Centre for Justice, Mercy and Reconciliation

ABOUT THE ORGANISATION

Centre for Justice, Mercy and Reconciliation (CJMR) is a grassroots organisation dedicated to advocating for inmates who may have been wrongfully convicted across custodial centres in South-West Nigeria.

Through case review, access to court records, legal advocacy, public awareness, petitions and rehabilitation support, CJMR works to ensure that credible claims of injustice are not forgotten.

Website: www.cjmr.com.ng

Telephone: +234 803 048 8093

REFERENCES

1. Sunday Jackson v. The State: dissenting opinion of Ogunwumiju, JSC. View source

2. Report on the pardon granted to Sunday Jackson in December 2025. View source

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Around Africa, elections have become too inconvenient

By Chidi Anselm Odinkalu

José Eduardo Van-Dúnem dos Santos was 37 when the ruling Popular Movement for the Liberation of Angola, (better known by its Portuguese acronym, MPLA) chose him to succeed its founding president, Augustinho Neto, in September 1979. By 2010, dos Santos had been in power for 31 years. But the shy and retreating dos Santos was neither an enthusiastic glad-hander nor a wildly popular figure.

For a long time, dos Santos laboured in search of a cure for both ailments. In 2010, he finally found one. Under Angola’s 1992 constitution, the president was the only leader with national standing. The citizens elected him directly on a national ticket. In December 2006, the country issued a three-year notice of presidential election to be conducted in 2009. When the time came, however, President dos Santos could not be bothered with one.

Instead, on 21 January 2010, the parliament controlled entirely by the MPLA approved a new constitution. On 5 February, dos Santos formally assented to the new constitution. It abolished the right of the people to elect their president and extended the unelected tenure of dos Santos as president until a new vote in 2012.

Under the terms of the new constitution, the president was to be elected no longer by the people. Instead, the leader of the majority party in the National Assembly would automatically assume power as the president. The parliament controlled by dos Santos and his MPLA had accomplished an extraordinary power-grab at the expense of the people and without even a pretense of giving them a say or look-in.

In neighbouring Democratic Republic of the Congo, President Joseph Kabila took notice. It took every tool in the DRC’s complex political economy to foil him. Elected to a second five-year term in 2011, “Kabila employed various strategies to prolong his stay in power” and “to manipulate the system to his advantage.” After running out of tenure tarmac in December 2016, Kabila contrived to grant himself an unelected two-year extension. In the end, the country forced him to yield up power in 2019 and bring an end to his 18-year rule.

In Togo, Faure Gnassingbe has presided over two republics over 21 years as successor to his father, General Gnassingbe Eyadema. As president, Faure has never faced a term limit that he could not lift. In May 2024, faced with a term limit that seemed insuperable, Faure, president of Togo since the death of his own father in 2005, abolished the executive presidency and the right of Togo’s citizens to elect their own president in order that he could continue in power.

Under a new constitution to usher in Togo’s 5th Republic in 2024, Parliament doubled the number of presidents in Togo from one to two. The office of the state president became largely ceremonial. Beside him, the constitution created the new and all-powerful office of President of the Council of Ministers in which it reposed all executive powers. In one swoop, Faure Gnassingbe ended all speculations about term limits and presidential elections.

Under the new constitution, the President of the Council of Ministers can hold office indefinitely as long as his party is in power. Indeed, Faure “could…. remain in power for life as president of the council as long as his party remained in the majority.” In a close reprise of the script by Angola’s MPLA, the amendment in Togo was authored entirely by the ruling party and with no opportunity for the people to participate. The political opposition in Togo called it a “constitutional coup”. Elsewhere in Africa, others have called it  “a blueprint for dictators.”

One dictator who took close notice was Zimbabwe’s Emmerson Mnangagwa. When he overthrew the long-serving regime of President Robert Mugabe in November 2017, Mnangagwa – who goes by the nickname “the Crocodile” in homage to his political ruthlessness and cunning – was already 75. Many regarded him as no more than a stop-gap figure in what they hoped would be an assured transition to more open and democratic Zimbabwe. Instead, he began a methodical process of consolidating power in a scheme that appears clearly designed to guarantee him a life presidency (which he denied his predecessor).

When the tenure of the Chief Justice, Luke Malaba, fell due upon his turning 70 in May 2021, President Mnangagwa contrived to grant Malaba an unprecedented five-year extension and eventually got a compliant court system to fall in line. To manage suspected judicial un-ease ahead of presidential elections in August 2023, he awarded all judges a non-repayable housing loan of $400,000 US dollars.

In the period since Mnangagwa’s rise to power, over 25 leading military generals, including four of the six who propelled him to power, have died, most of them mysteriously.

Under Zimbabwe’s 2013 constitution, the president is elected to a five-year tenure, which can be renewed once. Elected to his first presidential term in 2018, Mnangagwa was liable to become term-limited in 2028. However, in October 2025, the ruling ZANU-PF Party decided to seek an extension of his tenure for the sake of continuity and national stability.

On 7 July, 2026, President Mnangagwa assented to a constitutional amendment “extending the presidential term from five to seven years and abolishing the popular election of the president in favour of selection by parliament, a change that will keep him in office two years beyond the limit previously set by the constitution.” Again, it was an entirely parliamentary affair.

So, in 2028 when he is due to turn 86 and become term-limited, President Mnangagwa will instead be presented to the people of Zimbabwe for the formality of continuing his rule until he is at least 93. If his tenure is renewed at the end of that, Mnangagwa will be eligible to rule until he is a centenarian, and the people of Zimbabwe will have no say in this.

Nearly three years ago, in November 2023, Nigeria’s former President, Olusegun Obasanjo, who himself tried – and failed – to grant himself an extended tour of duty in the presidency beyond the eight years permitted by the constitution under which he took office in May 1999, complained that Western-style democracy was forced on Africa and was not good for the continent. He was short of clarity on a model that could replace it.

Perhaps inspired by Obasanjo’s complaint, his disciples in power across different political traditions on the continent now offer experiments in how to attain his goal. The emerging elements are clear.

First, the people are inconvenient. Increasingly, the question of who sits at the top of the pecking order of power is to be decided by folks entirely beholden to the ruler and not by a perennially obstreperous citizenry.

Second, parliament and judges are dependable enablers of dictatorship. It is a lot cheaper to pay them off and much easier to eliminate or isolate hold-outs among them with no complaints.

Third, popular elections are an unaffordable luxury. It is more efficient to carve up the country into small, manageable constituencies in the service of pretend democracy.

Fourth, periodic renewal of mandate is an anachronism. It pays to keep things predictable and simple. A life presidency does it.

Around the continent, many wannabe life presidents are limbering up. Wherever you look, the future of government of the people, for the people, and by the people in Africa increasingly looks beleaguered, if not indeed bleak.

A lawyer and a teacher, Odinkalu can be reached at [email protected] 

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

TIPS