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Five in 1000 women die at childbirth in Nigeria but right to health care is not justiciable

By Lillian Okenwa

24-year-old Oluomachi Nwojo, a final year student of Michael Okpara University of Agriculture, Umudike, Abia, entered the hall of fame when she gave birth to a set of quintuplets at the Federal Medical Centre, Umuahia.

Ms. Nwojo, who gave birth to two boys and three girls on Monday, 5 October 2022 through Caesarean Section (CS) described it as a wonderful experience.

“This is my first delivery and I am grateful to God for making me a partaker of this wonderful blessing. I believe God knows the best for my children; I am feeling fine and gradually recuperating from the birth of my babies. I am calling on the government and good-spirited individuals to help me in training the babies because I cannot carry the burden alone.”

Days before, a team of doctors at the Maryam Abacha Women and Children Hospital Damaturu, in Yobe State, North-East Nigeria took delivery of two sets of triplets from different mothers also via CS. The two pregnant mothers who were brought to the hospital from different locations had undergone five weeks of intensive care before the successful procedures.

But these are exceptional cases as five of 1000 Nigerian women die while delivering their babies. Latest statistics from the World Health Organisation (WHO) revealed that Nigeria accounts for over 34 percent of global maternal deaths while the lifetime risk of dying during pregnancy, childbirth, postpartum, or after an abortion for a Nigerian woman is one in 22, compared to one in 4900 in developed countries

Sadly, Nigeria has made little effort in saving the lives of pregnant women and babies from preventable deaths during delivery.

“The cases of maternal mortality can be attributed to not being able to reach the hospital. If you add those ones who reached the hospital and are not attended to because of deposit, they are going to be between 30 to 40 percent. Nigeria has about 512 maternal mortalities per 100,000 births now. That’s about the worst in the world said Health Minister, Osagie Ehinare who ThisDay Newspaper described as making “the usual lamentation about our plight to which officials of the current administration have become renowned.”  

Maternal and infant mortality rates are even more significant in the Northern states than in other parts. The alarming rate is exemplified by the northeastern region’s high maternal death rate, three times higher than the national average. The inability to obtain high-quality health care in most Nigerian health facilities contributes significantly to this high maternal mortality rate.

The Executive Director of the National Primary Health Care Development Agency (NPHCDA), Dr. Faisal Shuaib once disclosed that nearly 2,300 children under five die daily and about 145 women die day-to-day in Nigeria from pregnancy and childbirth-related matters. He likened the 145 daily maternal deaths to having a fully loaded Boeing 737-300 airplane, with 145 women crashing every single day in Nigeria, killing everyone on board.

“Every day in Nigeria, approximately 145 women die from preventable causes related to pregnancy and childbirth, this is equivalent to having 1 Boeing 737-300 series airplane, fully loaded with 145 women crashing every single day in Nigeria, killing everyone on board.

“Every day in Nigeria, approximately 2,300 children under five years die mainly from preventable causes. Similarly, this is equivalent to having 15 Boeing 737-300 series airplanes fully loaded with 145 children under five years old, crashing every single day in Nigeria and killing all the children on board. One out of every eight Nigerian children dies before having a chance to celebrate his or her 5th birthday.”

Over the years, there has been a consistent decline in the Nigerian health sector. Rather than ameliorate the situation, government officials —governors, legislators, ministers, and others travel abroad where they can receive the best treatment. Ordinary Nigerians are left to their fate.

Worse still, is the exodus of health professionals to overseas countries. Better pay and working conditions have been cited as the main reason for the flight of Nigerian doctors, nurses, and paramedics.

Remigius N. Nwabueze in his book “The Legal Protection and Enforcement of Health Rights in Nigeria”, made the following observation: “Nigeria’s Revised National Health Policy recognizes that ‘health and access to quality and affordable health care is a human right.’ Thus, the Nigerian Constitution provides for a mix of rights to health and health care services, although such rights as articulated are not justiciable.”

A tale of two cities…

By Lillian Okenwa

Early that Wednesday morning in March 2022, bandits simultaneously invaded Guni and Kurgbaku communities, forcing the residents to flee. A few hours later. Not less than 20 people, including women and children, drowned in Niger state’s Guni-Zumba River while trying to escape bandits’ attacks on their communities.

The victims were reportedly crossing the river to Zumba and Gwada internally displaced persons’ camps by boat when the small local vessel which was filled above its capacity capsized midway into their journey. Guni and Kurgbaku communities are both in Munya LGA of Niger State. Niger state as well as other northern states including President Muhammadu Buhari’s Katsina State have become playpens for bandits. They come, go and operate unhindered.

Citizens in these states have resorted to negotiations with terrorists, which include payment of huge levies, free labour and other offers to be allowed access to their farmlands.

Recently, a group of armed bandits on a ‘patrol’ on their motorcycles reportedly ‘arrested’ a scavenger, for stealing in Katsina State and handed him over to the authorities. He was reported to have specialised in uprooting metal rods and removing iron bars, from deserted buildings. In a video obtained by PRNigeria the bandit-terrorists were seen parading the scavenger and his stolen metal rods inside a cart before handing him over to a community leader in the state.

The bandits were shown saying to the scavenger, “Don’t you know that it is a criminal offence to steal? You are lucky that we are handing you over to the authorities; we could have executed for engaging in criminal activities.” The terrorists, who were wielding sophisticated weapons, told the community leader to ensure the “scavenger-thief” was dealt with according to the law to deter others from stealing.

Then weeks after the convoy of President Muhammadu Buhari was attacked in Katsina State, terrorists threatened to abduct the number one citizen. The attack on the convoy happened on the day the Islamic State in West Africa Province (ISWAP) invaded Kuje Prison in Abuja and freed over 800 inmates, including all the terrorists in detention.

A year before —on 24 August 2021 — the rampaging bandits successfully attacked the Nigerian Defence Academy (NDA), Kaduna killing two officers, and injuring one other, while Christopher Datong was abducted. Again, on the morning of 28 Mar 2022, heavily armed men attacked the airport in Kaduna, killing a security guard and temporarily halting air services. The incident delayed the take-off of a Lagos-bound flight by almost 44 minutes.

Curiously, the scenario is different in the South East where the full might of the Nigerian Army and other security operatives is openly displayed. PREMIUM TIMES reports that many unarmed residents in the South-east of Nigeria have been killed by Nigerian troops deployed to check Biafra agitation in the region. Below is the report by PREMIUM TIMES.

On 30 August, for instance, three unarmed residents were killed when troops from 82 Division and 34 Brigade of the Nigerian Army invaded Orsu-Ihiteukwa, a community in Orsu Local Government Area of Imo State, south-east Nigeria. Army spokesperson Onyema Nwachukwu would later claim that those killed were IPOB members.

Two of the victims, Ugochukwu Obianeli and Nonso Izuegbu, were killed while they were moulding cement blocks in the community, PREMIUM TIMES gathered.

One other victim, Nicholas Onwughala, an elderly man, was shot in his legs by the troops at Eke Ututu Market in the community, according to sources in the community. He died the following morning, 31 August, because of complications from gunshot injuries.

Like in other previous incidents, the troops carried out the attacks as part of an onslaught against suspected members of IPOB.

“Each time the troops come, they carry out shootings. And most times, they end up killing some innocent people, during shooting with the supposed ESN boys,” Chidi Ibekaeme, a resident of Orsu-Ihiteukwa community, told PREMIUM TIMES.

He said there had been no attack in the community until the troops began raiding suspected camps of the IPOB members in December 2021.

“I know of the three persons (killed by the troops on 31 August). Incidentally, one of them, Ugochukwu Obianeli, is my brother-in-law,” Mr. Ibekaeme, a lawyer, said.

“We are living in fear. Each time we hear information that they are coming, we run away.”

Another resident of the community, Friday Nwajuo, narrated to PREMIUM TIMES how the troops killed two of the victims and labelled them IPOB members.

“We ran when we heard the army people were coming,” Mr. Nwajuo began.

“Within 20 minutes, the soldiers came and started shooting. So, the two boys, who were labourers in a block industry, ran away for safety. All of a sudden, they stopped shooting.

“When they (the two victims) came out, they thought the soldiers had left. So, the soldiers saw them and shot them dead, thinking they were ESN members,” he narrated.

Again, on 17 September, exactly 18 days after, the Orsu-Ihiteukwa community in Orsu Council Area of Imo State and Orsumugho, another community in Ihiala Local Government Area of Anambra State, were invaded by the troops, killing two unarmed residents and razing shops. Both communities share boundaries.

The troops were said to have invaded Orsu-Ihiteukwa again at about 4 a.m., with many combatant vans, armoured tankers, and military helicopters.

Residents said the troops were firing shots and detonating bombs, while the helicopters hovered over the communities.

The shootings and bombardments were said to have disrupted a burial ceremony, causing guests to run inside bushes for safety.

PREMIUM TIMES gathered that the operation was carried out in collaboration with members of Ebubeagu, a security outfit backed by the Imo State Government.

A resident, Ifeanyichukwu Edurumba, 23, was said to have been whisked away from his house at about 12 p.m. and dragged to the market in Orsu-Ihiteukwa where he was allegedly killed by the troops.

His uncle’s wife, Ifeoma Onyebuchi, who was staying with him, narrated to PREMIUM TIMES what happened.

“We were inside the house when we heard that army people were coming to the community. So, he (Edurumba) left his poultry farm and ran inside for safety. While we were inside, some people came and knocked on our door. They were a mixture of army people and Ebubeagu members, all in their uniforms.

“They ordered us to open the door when I asked who they were. They quickly broke the door and gained entry. The boy (Edurumba) ran under the bed with some children.

“One of them told us that if we don’t bring the boy, they will kill all of us. I told them the boy is an orphan and the only son of his late parents and that he is a poultry farmer and also an iron bender. I told them he didn’t do anything wrong.

“While I was talking, they went inside the room and dragged the boy out and took him away. They checked the boy’s poultry when they heard his chickens clucking. They later took the boy to Eke-Ututu Market and killed him,” she said.

‘They killed another boy’

Another resident, who said he witnessed the troops’ invasion, spoke with PREMIUM TIMES the following day, 18 September.

“They also killed one (other) boy in Orsumoghu, a neighbouring community here. I don’t know his name yet,” he said.

The man said he came face-to-face with the troops, while he was going to the market to buy an item, but that he hid from them for fear of being killed.

“They were burning houses and stalls. They used some hammers to break shops and took whatever they liked, such as beverages, and then set the shops ablaze.

“Whenever they (troops) come, they kill whoever they see, burn houses. If you come to this village now, everybody is crying. They have reduced us to rubble,” he said.

The troops, according to him, razed over 30 shops.

He said it is disheartening that the Nigerian government would claim to be protecting lives and property, but turned around to order security agencies to kill residents and destroy their sources of livelihood.

Video clips which captured burning shops and motorcycles were circulated on different WhatsApp groups. In one of the clips, a victim, Anselem Ohaachosi, whose shop was said to have been burnt down, lamented the frequent invasion of the community by troops.

“Yesterday, 17th of September 2022, a gang of Nigerian soldiers came to Eke-Ututu, Orsu-Ihiteukwa, destroyed peoples’ shops, properties (and) lives. They set my shop ablaze,” he said.

Mr. Ohaachosi used to sell phones and phone accessories. He said all the items in the shop had been destroyed by the troops. He said he went into the sales of phones because he could not find a job after graduating from Imo State University.

“Look at how they rendered me useless in Orsu-Ihiteukwa. The cost of what they damaged here is nothing less than N10 million. How can I start life afresh?”

Mr. Ohaachosi said the troops were shouting, “Say no to IPOB” during the raid.

“Am I an IPOB member? Did they see any mark on me? I graduated from Imo State University and I am also a holder of a post-graduate diploma in education. I am an educationist. They have to pay for all these,” Mr Ohaachosi said.

Another clip showed helicopters hovering in the sky.

In another clip, apparently shot the following day, 18 September, people, whose shops were not affected during the operation, were seen hurriedly packing their goods out of the shops.

The invasion of the two South-east communities by the troops has attracted condemnations. The military did not comment on the incident.

More extrajudicial killings

A report by the International Society for Civil Liberties and Rules of Law revealed that between July and August, the military and other law enforcement agencies secretly massacred hundreds of defenceless civilians in Imo, Anambra, and Benue, and tagged them, terrorists.

In the report, released on 2 September, the group said part of their findings showed that the military has been working with armed herdsmen to terrorise the eastern part of the country and Benue State.

Human rights groups kick

Amnesty International Nigeria, like many other rights groups, has repeatedly condemned extra-judicial killings by security agencies in the Southeast.

“Instead of launching proper investigations into these killings, security and government officials are often quick to claim victims were caught up in shoot-outs or simply label them members of the ESN, the armed wing of IPOB,” Osai Ojigho, the director of Amnesty International Nigeria, said in a statement in July.

Terrified parents fret as rapists prey on minors

By Lillian Okenwa

Ebele brimmed with joy. Justice at last. She finally got justice for her daughter and niece, who were aged six and seven when they were defiled by their housekeeper, Bright Izuchukwu.

Ebele a nurse and resident of Festac Town in Lagos had employed Bright then aged 27, in December 2016 to look after the girls in her absence. Sadly, the convict used his knowledge of the location of a Close Circuit Television installed in the house to avoid being captured when he committed the crime.

“I always gave my daughter sex education, and from time to time, I asked my daughter whether anyone touched her private parts.

“On July 17 or 18, 2018, I asked her if anyone touched her private parts. She said Izuchukwu used to place her on his lap and insert his fingers into her private parts, and he subsequently inserted his manhood into her private parts.

“She said the defilement occurred in the study room in a certain area of the house. I have CCTV cameras mounted all over my home, but it is not reflected in these parts of the house,” the mother said.

Izuchukwu got a life sentence for the crime.

On June 27, 2022, the Lagos division of the Appeal Court, upheld the judgment of an Ikeja Special Offences Court which sentenced a driver, Francis Apai, to 15 years imprisonment for raping his employer’s 18-year-old daughter in Lagos.

The convict was sentenced by Justice Sherifat Solebo on June 11, 2020, after finding him guilty of one count of sexual assault by penetration.

Unhappy with the judgment, Apai went to the appellate court to challenge his conviction and sentence. But, the justices of the appellate court unanimously affirmed the judgment of the lower court and dismissed Apai’s case.

While being led in evidence by the prosecution on January 7, 2020, the complainant gave a harrowing account of how she was violently attacked and raped by Apai, who was her mother’s driver.

“My mother is a businesswoman; he (Apai) usually drives my father when my mother is not present, and he takes my younger brother and me to school,” she explained.

The complainant said on the day of the incident she was at home alone because her parents had taken her younger brother, who fell ill around 3 am that morning, to a hospital.

She told the court that while she was preparing a meal in the kitchen, the driver approached her with a knife and threatened to harm her if she refused to accede to his sexual demand.

She said when she resisted, the driver dragged her to a bedroom in her home where he punched and raped her.

The victim told the court that she ran out of the house stark naked to escape her attacker.

“When I ran out naked, my neighbour downstairs saw me and asked me to come into her house, but I refused because Francis (Apai) was with a knife and I was scared that he might come into the house and attack me.”

“I ran across the street to another neighbour, with blood streaming down my legs, and they gave me a wrapper to cover myself up. My neighbours took me to the police station and the hospital, “she added.

Child sexual abuse in Nigeria is an offence under several sections of the country’s criminal code. The age of consent is 18.

However, the mother of a 10-year-old girl identified as Aisha Hamzat was not as lucky. She is still crying out for justice. Following the alarm raised by Actor Damilola Adekoya, otherwise known as Princess, on the rape and murder of her daughter Aisha, the distraught mum has made a plea to the general public to help her get justice. 

The grieving mother

Speaking in a live video with Comedienne Princess on Instagram, the mother of the deceased begged members of the public to come to her aid and help to get justice for her daughter. She noted that her 10-year-old daughter was violated and murdered. 

The child’s mother said, ‘I want justice for my daughter. My daughter was raped and killed. I want well-meaning Nigerians to come to my aid. I want justice for my daughter’.

Narrating how the incident happened, Princess disclosed that the 10-year-old was violated and murdered in Ayobo area of Lagos State on Sunday while she was on her way to church. She added that the perpetrators dumped the body of the girl in someone’s compound after committing the wicked act. 

Following the Actor’s plea to the general public earlier today, a couple of volunteers went to the Police Station to gather more information on the matter and assist the child’s mother in getting justice. 

In the live video with Princess, one of the volunteers who went to Ayobo Police Command disclosed that the body of the victim has not yet been released to the mother. She said that she was informed that the case has been transferred to the State Criminal Investigation and Intelligence Department, Panti.  

Karen-Happuch-Akpagher

Similarly, a 14-year-old student of Premiere Academy, Lugbe, Abuja, died after a condom was found in her private parts in June 2021. Karen-Happuch Akpagher, an SS1 student was believed to have been sexually abused before she was withdrawn from school by her mother, Mrs. Vihimga Akpagher, on June 19, 2021, for treatment. Karen, however, died two days later at a hospital in the Wuse 2 area of Abuja. They are yet to get justice.

Months ago, the police command in Bauchi commenced investigations into the rape of an 18-month-old baby by a 59-year-old man. A statement by the police spokesman, SP Ahmed Wakil, said the 59-year-old has been arrested for the rape. 

According to Wakil, the baby’s mother, Nenkat Danladi told the police that she met the suspect on her bed with her daughter at about 11:30 p.m. “After about 30 minutes, the nominal complainant discovered that the private part of her daughter was oozing blood. A team of personnel led by DPO Yelwa rushed the victim to ATBU Teaching hospital Bauchi for a medical examination. The suspect was arrested, and an investigation has commenced in earnest,” he said.

The United Nations Children’s Emergency Fund reports that six out of every 10 children in Nigeria experience emotional, physical, or sexual abuse before the age of 18, with half experiencing physical violence.

Hope for GBV survivors as Ekiti launches two more sexual assault clinics

The rate of sexual and domestic violence and exploitation of women and girls across the country continues to rise in spite of various campaigns by the government and stakeholders to check the scourge.

Unrelenting though, the Wife of Ekiti State Governor, Erelu Bisi Fayemi has commissioned two new satellite Sexual Assault Referral Centres (SARCs) for GBV survivors in support of the efforts being made to end GBV as well as provide care for victims.

The two satellite SARCs being an extension of Moremi Clinic located inside Ekiti State University Teaching Hospital, EKSUTH Ado-Ekiti, are located at the State Specialist Hospitals, Ikole-Ekiti, and Ikere-Ekiti.

Speaking at the events, Erelu Fayemi charged the people to desist from harbouring violators of the  Gender-Based Violence (prohibition) law no matter their position in the community but rather expose them to the appropriate authorities.

She emphasized that the Dr. Kayode Fayemi-led administration has zero tolerance for Gender-Based  Violence most especially sexual assault and assured that anyone found culpable would be severely punished.

According to the Governor’s wife, the Moremi clinics would serve as venues where sexual assault survivors’ rights and interests are protected and their dignity respected.

“The centres were established to offer free services for Gender-Based Violence survivors in the area of medical assistance, legal, psychological among others”, she stressed.

Assuring the sustainability of the clinics, the wife of Ekiti State Governor-elect, Dr. Yemi Oyebanji, reiterated her support and commitment to curbing GBV and other advocacy programs of Erelu Fayemi, noting that the incoming administration would not suspend any of the ongoing programs but rather continue and improve on them.

In their remarks, the Commissioner for Health and Human Services, Dr. Banji Filani, and his Education, Science, and Technology counterpart, Dr. Mrs. Olabimpe  Aderiye eulogised the First Lady’s multidimensional approach to solving problems, noting that the new satellite Sexual Assault and Referral Centers are established to serve not only the towns where they are located but the Senatorial Districts and their environs.

Earlier in an address, the Sexual Assault Referral Centres Coordinator in Ekiti State, Barrister Rita Ilevbare noted that the two new Centres would make the 34th  SARCs across 19 states in Nigeria. She further enjoined staff of the clinics to see their duties as calls to national service which requires due diligence, empathy, and utmost confidentiality.

The coordinator also appealed to security agencies to support the functionalities of the clinics noting that no matter how urgent the case, access to psychosocial and medical intervention is paramount.

In June 2020, Ekiti State Government announced the opening of the Ekiti State Sexual Assault Referral Centre, SARC. The Ekiti SARC, known as Moremi Clinic, is a free, one-stop, survivor-centred initiative that prioritises the rights and needs of survivors of sexual violence. 

Alubo, Ogunwumiju, Adejuyigbe weigh in on Academics being conferred with the rank of SAN

By Lillian Okenwa

As arguments on whether Academics are deserving of being conferred with the rank of Senior Advocate of Nigeria continues, more senior lawyers share their thoughts on the issue.

While Kehinde Ogunwumiju, SAN advised that the Legal Practitioners Privileges Committee, LPPC stick to the standard indicated in its guidelines, Professor Alphonsus Okoh Alubo, SAN said there are many more issues that astute senior lawyers, must worry about.

Ogunwumiju in a WhatsApp chat pointed out that sticking to the rules as it affects academics was “the basis of the Award to Prof. Ben Nwabueze – his books on Constitutional and Administrative law, Nwadialo on Civil Procedure, Sagay on Contracts and Torts, ST Hon on Evidence, I O Smith on Land Law, Jelil Omotola on Conveyance, Abayomi on Wills.”

Kehinde Ogunwumiju, SAN

According to the Senior Advocate: “Truth be told, if six academics are awarded every year, how many of them can say they publish works that have the sort of impact on legal practice that these books have had? Maybe two or at most three. Now, people apply with a compilation of essays or articles written by others just because they compiled them. People apply with a digest of decisions. No attempt to analyse these decisions

“Did you know that the great Gani Fawehinmi got his rank under this category for his publication the Nigerian Weekly Law Reports, NWLR? Same with Deji Sasegbon. These men published works that no serious practitioner can do without.”

However, another Senior Advocate of Nigeria, Olatunde Adejuyigbe has expressed his disapproval of the ongoing debate. Adejuyigbe who observed that the argument is a waste of precious time noted that the application and conferment process of the rank is currently lacking in integrity and merit.

Olatunde Adejuyigbe, SAN

Adejuyigbe said: “It is bewildering that precious time and energy have been dissipated on a banal topic that leads nowhere. A cart-pusher on the streets knows that the rank of SAN is in the same league of devaluation like the Naira. In Nigeria, distinction just like beauty is in the eye of the beholder. These days anyone who is well trained in the art of Rankadede can get the rank. It’s a pity that Late Sikiru Ayinde Barrister never applied for the coveted rank.

“It is only in this our own dear native land that those who should be behind bars are celebrated as leaders of the Bar. It is an open secret that many of those who have been conferred with the rank as Advocates either snatched, borrowed or purchased cases in the Appellate Courts in the bid to meet the requirements. Many of those who took up some criminal cases pro bono before their elevation to the inner bar abandoned such cases thereafter.”

Also, he accused Senior members of the Bar of complicity in the declining status of the rank by sidestepping the guidelines for the award of the rank.

“The fault is not in the guidelines but in us. Many Advocates who have gained mastery in circumventing the guidelines are following the footprints of their seniors in the inner bar. In the days of yore, a good Maths teacher was interested in the workings that led to an answer and not just the correct answer. But that’s not what we do. Just pile up your cases, do your runs and you’ll get a boarding pass.

“When you read pleadings, written addresses, and briefs of arguments authored by some ” giants” in the inner bar you will come to terms with our prevailing Ichabod and seek solace in the Book of Lamentations.”

Insisting that priority in public discourses with legal practitioners should be on salvaging the dire condition of the judiciary and the SAN title which he maintained is currently suffering a deficit in honour, the SAN said:

“There was no issue at all when Professors of Law who are worth their weight in gold were conferred with the rank. They maintained fidelity with academia which is their first love and rebuffed the seduction of another mistress. But times have changed.

“What should be of concern to those who mean well for our nation and the legal profession is the reform of our moribund and dysfunctional justice system. The sterile discourse on the award of the rank to academics is not helpful in any way. All resources should be geared towards the attainment of a virile justice mechanism. Regardless of the route a lawyer took to the inner bar our nation is still afflicted with a system that serves anything but justice. No sane lawyer should be proud of what goes on here. Let’s stop this meaningless squabble over fish and turkey, beans and porridge. There are more serious issues which deserve urgent attention.”

Professor Alphonsus Okoh Alubo, SAN

On his part, Professor Alphonsus Okoh Alubo, SAN said: “It is a travesty to have people destroy the ladder they used in climbing up. Needless miasma. There are so many issues that astute senior lawyers, must worry about: Administration of justice, corruption in the judiciary, how to fill the current void in the Supreme Court with the number of retirement of justices, the appointment of Senior lawyers to the Court of Appeal so the jurisprudence of the court can be enriched, etc. Only God knows what would happen in the next few years, with this acerbic clamour from relatively younger Silks.”

Strengthening the process leading to the rank of  Senior Advocate of Nigeria

By Ikeazor ‘Kizor’ Akaraiwe, SAN

1: The rank of Senior Advocate of Nigeria (SAN) is awarded as a mark of excellence to members of the legal profession who have

“qualified to practice as a legal practitioner in Nigeria for not less than ten years and has achieved distinction in the legal profession…” S. 5 (2) Legal Practitioners Act.

Unless you have gone through the process of taking silk or been close to any who went through it, you may not know that it is one of the most rigorous and painstaking processes for all concerned; the candidates, the Legal Practitioners Privileges Committee [LPPC], the Supreme Court Justices and Justices at all levels of the justice delivery spectrum. 

2: As one who has gone through the process, permit me to opine that it may be easier for a camel to go through the eye of a needle than for one undeserving of the privilege within each geopolitical federating zone, to obtain the rank.

3: However, man being a work in progress, there is always room for improvement. Permit me then to make suggestions for reforming with respect to both categories: Advocate SANs and Academic SANs.

4: SOME RECOMMENDATIONS WITH RESPECT TO ADVOCATE SANs:

Further permit me to take a voyage to 1978, the year I wrote my school certificate at Edo College, Benin City. For the purpose of the West Africa School Certificate Examinations, subjects were classified into groups as follows:

                a.            English Language (or other Languages) – Compulsory group.

                b.            Sciences

                c.             Humanities

                d.            Social Sciences

                e.            Fine Art / Technical Drawing

                f.             Etc.

The languages category was compulsory, while you had to choose between a minimum of six and a maximum of nine subjects from four groups.

You could not write your WAEC in your best six to nine subjects if they all were from, for instance, two or three groups. You had to drop some and add some to meet the prerequisite of six to nine subjects from a maximum of four groups. The raison d’etre for this being the need for candidates to have a broad-based education. 

5: SUGGESTIONS FOR THE ADVOCATE SAN CATEGORY

It is hereby suggested that the Legal Practitioners Privileges Committee adopt subject matter classifications in order to produce SANs who would have a broad-based distinction in as wide an array of subject matters as possible, this being a major way to justify the rank. Any SAN can of course decide to specialise thereafter, but s/he will never be found wanting in as broad as possible a spectrum of law practice, thus justifying the silk.

However, if we choose to maintain the current system wherein some SANs come in with subject matter expertise in one or two categories of law practice, it would be expedient to narrow their practice to those fields of expertise.

5: EXAMPLES:

The following examples may explain better what I am trying to say:  

                (a)          It may be desirable but unlikely for a SAN who got the rank purely as a criminal law advocate with only criminal law proceedings and judgments, for example, to refuse a juicy brief for, say, election petitions, or oil and gas which are not his areas of expertise. But this seldom happens. Who is going to bell the cat? Who is going to enforce narrowing their practice to those fields of expertise?

                (b)          Indeed, some Senior Advocates who got the rank as academics were excellent in the specialist terrain of practice and procedure, but some not quite so, thus bruising the distinction expected of the rank. This is because they got the rank premised upon their very good research skills and writings and not necessarily, their practice in court. 

6: RECOMMENDATIONS.

In order to avoid similar weaknesses which tend to undermine the rank, amidst the so many great strides the LPPC has made, the following recommendations are humbly submitted:

That for the advocate category, the following court case classifications, subject to amendment, be adopted for appeals:

(i) General Criminal Causes, 

(ii) Specialist Criminal- [EFCC / ICPC], Capital Offences, Election Criminal,

(iii) Civil – Commercial/Company,

(iv) Specialist Civil – Aviation, Maritime,

Pre-Election and Post-Election,

(v) Arbitration, 

(vi) Special Courts (Medical & Dental Practitioners, LPDC, COREN, ARCON, Military),

(vii) ETCETERA

7: FURTHER RECOMMENDED PURSUANT TO PARAGRAPHS 3 and 6 ABOVE:

That in order to qualify to apply for the rank under the Advocate Category,

(a) at the level of the Supreme Court; you will be required to have a minimum of one judgment each from a minimum of four out of the groups listed. 

(b) at the level of the Court of Appeal; you will be required to have a minimum of two judgments each from a minimum of four out of all the groups listed. 

(c) Courts of First Instance: No classifications. 

8: ACADEMIC SANs.

While the introduction of the rank to academics was good, and the first academic list SAN, foremost constitutional lawyer, Professor Nwabueze, SAN, is a man of incomparable distinction, it is recommended that two routes be created for academic list SANs.

ROUTE No. 1: Become SAN on your papers and books only and be expressly constrained from courtroom practice.

ROUTE No. 2: To be able to practice as a courtroom advocate become SAN on your papers, books, and added courtroom qualifications as admirably suggested by Ebun-Oluwa Adegboruwa, SAN thus – “Frontload at least five trials in contested cases in the High Court, three contested cases in the Court of Appeal and two contested cases in the Supreme Court” all obtained in the ten years preceding the application.

Although Route 2 requirement above is a far cry from the stringent requirements for Advocate list SANs, suggested academic Route 2 should have a salutary effect in ensuring that those professors who practice in court as SAN are advocates in the courtroom sense of it.

The academic SAN who chooses route No. 2 may even emerge as the best Senior Advocate given his humongous output in books and legal research papers in addition to the 5 – 3 – 2 case requirement suggested above.

I did give the following example in my initially circulated piece before I took the rank in 2021 that, I did witness an elderly SAN / former state attorney-general during election petitions turn around to the utter bar, asking in exasperation, “who made this man a Senior Advocate?” The focus of his angst was a Senior Advocate (academic) plodding his way through the clearly unfamiliar territory of election petitions. When the elderly SAN was told that his brother silk got the rank premised upon his academic work in corporate law and governance, he asked in further exasperation, “so, why is he here?” It was very embarrassing, to say the least.

9: AMENDMENT OF INITIAL SUGGESTION:

My initial suggestion, as hereunder restated, is therefore amended as above states.

Here is what I wrote earlier: “it  is recommended that academic list SANs be expressly restricted from practice as courtroom advocates, subject only to the following:

If academic list SANs elect to practice in the courts, they should apply to the LPPC for a special dispensation to practice, in which case, the following parameters are recommended to be established for them: 

(a) Collaboration with an advocate category Senior Advocate for a minimum of four years with certified true copies of proceedings and judgments in 

(i) five cases at court of 1st instance and 

(ii) two each at the Court of Appeal and Supreme Court, in which the academic category SAN was led by the advocate SAN, including briefs and pleadings with names appearing. 

(b) After four years, the academic SAN may then receive, upon application, a special dispensation to appear alone in courts.”

Those views stand amended aforesaid.

10: CONCLUSION

A. By way of concluding remarks, at 60 years of age, and 37 years at the bar, I have reached the legacy stage of my professional career. I am not interested in self-aggrandisement or popularity, but in leaving the profession better than I met it.

B. In this regard, in my various writings, I have made many recommendations for the improvement of the justice delivery sector. As the good Lord gives me strength, I shall neither stop nor be intimidated.

C. The article as first circulated online has generated a robust discussion among the legal luminaries which I appreciate greatly. Everyone is interested in the profession and it is not meant to attack anyone or any set of persons.

D. These suggestions, which by the way, affect both the Advocate list SANs and Academic list SANs, are made to strengthen one of the few remaining quality institutions in Nigeria, the rank of Senior Advocate of Nigeria. They are made to save the rank and the profession from denigration and demystification, and not to diminish anybody. The rank is greater than all of us. Let us protect it. 

Ikeazor ‘Kizor’ Akaraiwe, SAN

Fresh reports show that ghosts may decide 2023 elections

Last week when Prof. Chidi Anselm Odinkalu, former Chairman of the National Human Rights Commission (NHRC), wrote that ghosts may decide Nigeria’s general elections in 2023, many people sneered. However, recent reports appear to indicate that the university professor may be seeing into the future.

THISDAY reports that the Independent National Electoral Commission (INEC) may be under constraint to conduct 2023 elections in over 686 communities under the atrocious activities of armed non-state actors across the federation.


The findings also revealed that the affected communities and wards cut across 90 local government areas (LGAs) and 18 states of the federation.
President Muhammadu Buhari had directed security agencies to ensure stability before 31 December.


Concerned civil society actors conversant with the undertaking of the Inter-agency Consultative Committee on Electoral Security (ICCES) anonymously shared intelligence about the country’s election security with THISDAY at the weekend.


 INEC had expressed grave concerns over the 2023 elections. However, security agencies had played down the apprehension of the electoral umpire about the country’s unsafe territories for the conduct of the 2023 elections.


The commission had consequently been meeting the country’s security community under the auspices of the Inter-agency Consultative Committee on Election Security (ICCES) to ensure security and stability during the polls slated for February 25 and March 11, 2023.


Despite its initiative to ensure a stable security environment before the 2023 general election, investigations by THISDAY showed that the electoral commission might not be able to conduct elections in “over 686 communities across the federation.”
Concerned about the country’s worsening security conditions, the civil society actors found out that the north “is more affected when compared with the south. Of the 686 affected communities, 618 were identified in the north alone.”


By implication, the findings indicated that the north alone “accounts for 90.1 per cent of the unsafe communities.
The findings further showed that challenge “is minimal in the south,” putting the total number of the affected communities at 68.
In the entire south, the findings revealed that there “are 68 communities where candidates will not be able to campaign or where the INEC cannot conduct any election. The communities represent about 9.09 per cent.”


Of these 680 communities nationwide, according to the findings, 336 were identified in the North-west alone. Of the 336 in the North-west, 200 are in Zamfara State alone. Obviously, Zamfara is now the country’s unsafest state.


The findings said: “In the North-east, 168 communities were identified. Of this number, Gombe is the only state where no community or ward is listed as part of the unsafe territory in the North-east. In Borno State, there are about 79 wards where elections may not be held.


“In North-central, 114 wards are affected. These are mainly located in Kwara, Nasarawa, Niger and Plateau. Benue and Kogi are not included in the list of these communities. If we have 10 communities in Ondo State, there is no way Kogi will not be affected because ISWAP insurgents are from Kogi State.
“In the South-east, 55 communities have been identified as red zones. These are mainly in Abia, Anambra and Imo States. Ebonyi and Enugu states are excluded from the list of troubled communities,” the findings revealed.


In the South-west, the findings claimed that at least 10 communities are identified in Ondo State, especially in Owo LGA, Ose LGA and their environs.
The findings attributed the case of Ondo State “to its proximity to Kogi State, where ISWAP insurgents have penetrated.”


 The findings put the number of communities affected in the South-south at three, which are all located in Rivers State.
Explaining its roles in ensuring the country’s election security yesterday, the Department of State Services (DSS) acknowledged its synergy with the INEC.
The DSS, through its Public Relations Officer, Dr. Peter Afunanya, said: “It works through its ICCES domiciled in INEC to ensure adequate security and order for the elections.
“ICCES comprises security agencies and the electoral body and meets regularly, share information and proactively makes necessary interventions,” Afunanya said in a response to THISDAY’s inquiries.

Court slams CAC, RG with N2million costs of action over unlawful suspension of Deputy Director

The National Industrial Court of Nigeria, Abuja Division has declared illegal and unlawful, the suspension of Mr. Moses Adaguusu, a Deputy Director and Head of the Corporate Affairs Commission, Taraba State by the Commission.  

The Presiding Judge, Hon Justice Edith Agbakoba, in a landmark judgment, nullified and set aside the Suspension. The Court consequently ordered the Corporate Affairs Commission and the Registrar-General of the Commission Alhaji Garba Abubakar to ensure the immediate payment of all salaries, benefits, allowances, and entitlements due and accrued to the Claimant during the period of his unlawful suspension. The Deputy Director was unlawfully suspended between March – September 2021, while Heading the Enugu Nodal Office of the CAC.

The Court ruled that Mr. Moses Adaguusu was wrongly suspended and was not given a fair hearing.

Hon. Justice Agbakoba while condemning the action of the Registrar General of Corporate Affairs Commission, said the rules of fair hearing were neither observed nor adhered to in the disciplinary procedure adopted.

The Court ordered the CAC and Alhaji Garba Abubakar, the Registrar-General of CAC to pay N2 million naira to the Claimant as the cost of the action.

Learned Counsel to Mr.  Moses Adaguusu, Barrister Terlumun Azoom from the Law Firm of Chief S. T.  Hon, SAN & Co, said the judgment would go a long way in addressing abuse of Office, official impunity, vendetta, executive lawlessness, and illegalities in public offices.

The CAC under Garba Abubakar has been inundated with Court cases before superior courts of records. In October 2021 the CAC Staff Union (AUPCTRE) won another landmark case of unlawful proscription of the Staff Union by Alhaji Garba Abubakar, with N1million damages against the Commission. Rather, than comply with the decision of the President of the National Industrial Court, Hon. Justice B.B. Kanyip, Ph.D., the Registrar-General decided to appeal the decision, at the risk of industrial unrest.

Counsel to the Corporate Affairs Commission and the Registrar-General of the Commission, Mr. Francis Ogbu while reacting to the judgment said the defendants would appeal the judgment.

Mr. Moses Adaguusu, a Deputy Director and Head of the Corporate Affairs Commission, Taraba State had approached the National Industrial Court after he was wrongfully suspended by the Registrar-General of the Corporate Affairs Commission.

Ikeazor, SAN pays tribute to former NIMASA Executive Director, Engr Joseph Rotimi Fashakin

  • Says he was larger than life…

It is hard to speak of Rotimi Fashakin in the past tense on account of his larger-than-life presence.

Rotimi was a humorously rambunctious soul who was loyal to any course he committed to. If it is possible to be loyal to a fault, Rotimi was, as he was a good friend to have, and a bad enemy to make.

I am saddened particularly because he was only 59 and would have turned 60 this month! He had so much more to offer.

I chuckled to myself from time to time that if with an engineering degree, Rotimi was a warrior even to the point of commenting on legal issues with some authority, what was he going to be with a law degree? With a law degree from the prestigious Buckingham University in the bag this December, Rotimi was going to start a second life, having lived his first life as an engineer.

Devoted family man, Rotimi celebrated his family publicly on RoL (Rule of Law WhatsApp Group) space and elsewhere at every opportunity; birthdays, graduations, and every progress made. He wrote poems for his daughter and gleefully published her poems on his birthday.

You would be surprised to know that Rotimi and I never met physically, although he was a classmate at Ife with Obi my brother. However, we talked several times on the telephone, our conversations never lasting less than an hour!

We met on cyber space about 20 years ago, in OurCountryNigeria yahoo group, but to hear us discuss over the phone, you would think that we had known each other all our lives.

He requested my telephone number by email, and that is who Rotimi was, a lover of people, friendly, ever reaching out.  

Even though often on opposite sides of the political divide, we shared similar passions – for good governance in Nigeria. We also both had an abiding faith in the deity of our Lord and Saviour Jesus Christ, often sharing private messages of spiritual encouragement.

Forgive me for waxing spiritual … but although my blood pressure shot up and a bad headache followed when I read the message from his elder brother Dr. Emmanuel Fashakin, I am mindful of the admonition in holy scripture that we should NOT mourn as those having no hope because those who are in Christ Jesus have hope for the hereafter: and not eternal damnation (1 Thess. 4/13) And if our hope was in this world only and there was no resurrection from the dead, “we are of all men, most miserable.” (1 Cor. 15/19).

Upon these scriptures, I find peace. I pray the good Lord to grant Dr. E.F. Fashakin, and Rotimi’s beautiful family, the fortitude to bear this loss. Amen.

***

Engr Joseph Rotimi Fashakin, MNSE, a former Executive Director at NIMASA, died at Buckingham England on Saturday, September 24, 2022. He was 59 years old. He is survived by his widow, Mrs. Busola Fashakin, Asst Comptroller Immigration Nigeria, and Children, Acct James Toluwalase Fashakin, Engr. Daniel Ayomide Fashakin and Sarah Fashakin (Medical Student, Georgetown University).

Funeral arrangements will be announced by the family.

***

Prior to his passing at Buckingham England on Saturday, September 24, 2022, he made this cerebral contribution following the demise of Queen Elizabeth II.

THE CHANGING FACE OF THE BRITISH MONARCHY…

She died on Thursday, 8th September 2022.

Yesternight was her last at the Buckingham palace. The anguish and emotional outpourings were palpably understandable; the agelong edifice had been her home and official residence for more than three score and ten years!

In those 70 years, Queen Elizabeth II excitingly made the British monarchy friendlier and more amenable to the changing times. She cherished her position as the titular Head of the Commonwealth. For instance, in 1986, the leaders of the commonwealth countries met to deliberate on how best to move the condemnation of the apartheid government of South Africa from mere rhetoric to actionable political imperatives. 48 members out of the 49 present voted for sanctions against South Africa. The only opposition came from Britain headed by Mrs. Margaret Thatcher. The Queen was so incensed by Mrs. Thatcher’s government’s action that she considered boycotting one of their weekly meetings. Understandably, the Queen was concerned about the future of the Commonwealth and Britain not being on the wrong side of history.

On July 20, 1986, the New York Times published an article which stated, inter alia,

“The Queen has been described in recent press reports as worried that Mrs. Thatcher’s firm opposition to sanctions threatened to break up the 49-nation Commonwealth.  The Queen reportedly also believes that Mrs Thatcher’s Conservative Party Government lacks compassion and should be more caring toward less privileged members of the society, The Sunday Times said.”

After much loud murmurings, on Thursday, 11th February 1993, the voluntary arrangements by which the Queen and the Prince of Wales will pay income tax were revealed. What was still kept secret was the royal fortune from which the income will be taxable!

Nonetheless, eons ago, a British Monarch paying taxes would have been considered sacrilegious.

The first major impudent challenge to the monarchy was on 15th June 1215. It was on that day that the Barons served on King John the 63-paragraph writ that later came to be known as the Magna Carta. The writ was meant to checkmate the reigning king John and ensure more space for liberty, rights, and concessions.

Although the king tried to fight it but the genie was already out of the bottle. He was forced to sign the agreement with much humiliation of his person.

King James 1 was a British monarch who stoutly defended monarchical absolutism. In 1610, he wrote: “Kings derived their authority from God and could not, therefore, be held accountable for their actions by any earthly authority such as a parliament.”

After his death in 1625, his son, Charles, became the King. Charles 1 continued in the iron-fisted rule of his father. In 1629, he dissolved the parliament for 11 years.

In 1641, the parliament passed the Triennial Act (otherwise known as the Dissolution Act) which mandated the parliament to sit for at least 50 days in three years!

The culmination of the political and military conflicts between the royalists and the parliamentarians in England inexorably led to the capture and trial of Charles 1, the King of England, Scotland, and Ireland. On Saturday, 27th January 1649, the High Court of Justice had declared Charles guilty of attempting to “uphold in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people” and he was sentenced to death by beheading.

Following the glorious revolution in 1688, King James II went into exile. In 1689, the Bill of Rights 1689, an Act of Parliament was enacted. It was largely based on the political thinking of John Locke, a political theorist, and philosopher. It set constitutional limits to the monarch in terms of seeking the people’s will represented by the parliament. Succinctly put, the Bill straightened Britain to constitutional monarchy with established rights of the parliaments, free elections, and freedom of speech. By the doctrine of parliamentary Sovereignty,  the monarchical prerogatives became subordinated to the Acts of Parliament. For example, the former British Prime Minister,  Theresa May, wanted to use royal prerogative to trigger Article 50 of the EU’s Lisbon Treaty and begin Britain’s two years of talk on formal exit from the European Union. It was the European Communities Act of 1972 that legally formalised Britain’s membership of the EU. It was the reasoning of the UK Supreme Court that the Act needed to be repealed before the UK could formally be divorced from the EU. The attempt by Theresa May’s government was declared ultra vires. This ultimately led to the enactment (by parliament) of the EU Withdrawal Act 2018.

Indeed, times have changed. The subsisting doctrine of Parliamentary Sovereignty makes the triumvirate of British authority to be subject to the Monarch-in-Parliament.

Truly, the times of monarchical absolutism are over. King Charles III begins another chapter in British monarchical democracy. It is expected, as he has promised, to govern with the enviable precedents set by his mother and the help of God.

God save the king!

Engr. Rotimi Fashakin, FNSE.

Wednesday, 14th September 2022.

Judicial Independence 62 years after Nigeria’s Independence

By Chidi Anselm Odinkalu

For all the talk of judicial independence, the reality of colonial and post-colonial Nigeria has been one long story of judicial subordination into subservience. Seven years into his presidency, Muhammadu Buhari is on his fourth Chief Justice of Nigeria, with the last two having departed office in rapid succession under a cloud. The story of how judicial independence in post-colonial Nigeria got to its present pass goes back to the very idea of colonialism.

Students and graduates of law faculties and law schools all over the Commonwealth, including Nigeria, sooner or later learn to swear by the rule of law and doctrine of the independence of the judiciary. These principles, they are told, anchor the law in rationality, shielding it from descent into arbitrariness; ensuring that it applies equally to everyone and that judges are blind in dispensing it fairly to all manner of persons irrespective of station, without fear or favour, affection or ill-will.

One Rule for the White, Another for the “Natives”

Anyone who thinks closely about this would realize quickly that it is in fact founded on fable. In a decision in 1918, the Judicial Committee of the Privy Council laid it down that African “natives” were “so low in the scale of social organization that their usages and conceptions of rights and duties are not to be reconciled with the institutions or legal ideas of civilized society… Such a gulf cannot be bridged.”

Thus, colonial rule, which dispersed the Common Law traditions of the Commonwealth – including independence of the judiciary – across the British Empire and beyond, was a system of one rule for the white colonialists and another for the black and brown “natives”. This idea of inherent inequality of the “natives” was itself central to the conception of law and its administration. Far from a system of rule of law, colonial rule was a system of “rule by law” in which judges were anything but independent.

This system of inequality relied for its enforcement in the colonies not on the independence of judges but on their subservience to the colonial will. To ensure this, colonial judges could be removed at will.

On 19 June 1953, the Queen’s Bench Division of Her Majesty’s High Court in London decided a very interesting case. In 1930, Mr. Terrell was appointed a Judge of the Supreme Court of (Colonial) Malaya, in the Straits Settlements. Prior to his appointment, he had exchanged correspondence with the Colonial Office, which informed him that he would be liable to retire compulsorily on the attainment of the age of 62.

In 1942, Japan overran and occupied the Straits Settlements and the Secretary of State for the Colonies informed Mr. Terrell that they could find no suitable post for him elsewhere in the colonial service. When Mr. Terrell declined leave to retire, the Secretary of State terminated his appointment forthwith on 7 July 1942. That was 17 months before he was due to retire in February 1944.

Mr. Terrell took the case to an arbitrator and lost. So, he appealed to the High Court, arguing that under section 12 of the Supreme Court of Judicature (Consolidation) Act, 1925, which superceded the Act of Settlement (1701), judges in England held office during good behaviour and could only be removed on an address by both Houses of Parliament, none of which conditions had been fulfilled in this case.

Upholding the award of the arbitrator, Lord Chief Justice Rayner Goddard decided that the enactment relied on was “wholly inapplicable to a colonial judge” and that Mr. Terrell held office at the pleasure of the Crown. Reminded that Mr. Terrell’s contract appended the undertaking by the Colonial Office that he would not be required to retire before the age of 62, Lord Goddard decided that the undertakings did not constitute an agreement and, in any case, that even if they were, they could not take away the prerogative of the Crown to dismiss him at will or pleasure.

When they appointed Africans as judges, the colonialists did it as an act of patronage conferred on natives about whose subservience they had no doubts. Kitoyi Ajasa, one of the earliest Nigerian judges, achieved that preferment largely because of his closeness to Frederick Lugard, his support for colonial subjugation of natives, and his role as the leading Freemason in the territory as seven-time Worshipful Master of Lagos Lodge No. 1171 between 1901 and 1928.

Judicial Subservience as Virtue

The politicians who led Nigeria to Independence clearly did their pupillage well in the intricacies of retrenching judicial independence. They did not have to wait long after Independence in 1960 before showing their mastery of the subject.

In 1961 two unrelated things happened: Muhammadu Buhari was commissioned as an officer into the Nigerian Army and the then ruling political coalition in Nigeria tried Joseph Tarka unsuccessfully for treasonable felony. That was largely the last time a ruling government failed to get in substance what it wanted from the courts.

1n 1962, they would show in the treasonable felony trial of Obafemi Awolowo how well they had learnt their lessons. First, they denied him legal defence of his own choice as the constitution then allowed him. Then, they side-stepped the fiercely independent Daddy Onyeama to whom the case was to be assigned because they could not trust him to bring home a pre-determined outcome, instead ensuring that the case was assigned to Sodeinde Sowemimo, who wrote his own judicial epitaph with the words: “my hands a tied”.

With Chief Awolowo out of the way, they moved to topple his Action Group from power in the then Western Region. However, his party fought the case to the Judicial Committee of the Privy Council in London, as the then highest court in the country was called, and won. In response, the ruling coalition amended the constitution to legislate the British Crown and the Privy Council out of existence in Nigeria, converting Nigeria into a Republic.

In January 1966, the military overthrew the lot of the squabbling politicians. In 1969, the Supreme Court decided that what the military did in 1966 was not necessarily a coup for all seasons but rather a time-limited effort to save the country from collapse. The logic was that their hold on power was at the sufferance of the civilians to whom they were liable to hand back power once the emergency necessitating the change of guards was over. So, the military legislated the judiciary into subservience with the Federal Military Government (Supremacy and Enforcement of Powers) Decree, No. 28 of 1970 of 9 May 1970.

Two years later, in 1972, they summarily pensioned off then Chief Justice, Adetokunbo Ademola, replacing him with Taslim Elias, who had served as a comely Attorney-General to both civilian and military rulers of the country for a cumulative period of over one decade. Elias himself would last for barely three years in the seat, before being similarly fired by another military government after a coup in July 1975.

This game of judicial musical chairs orchestrated by the military and the politicians left the judiciary bereft of confidence, all but institutionally lobotomizing it and rendering claims of judicial independence in post-colonial Nigeria rather ostentatious. Military rule more-or-less institutionalized this in three ways.

First, following Decree No. 28 of 1970, they created a military culture of ousting the jurisdiction of the courts from all matters excluding essentially private disputes over land and inheritance. Ibrahim Babangida took this step one notch higher when in 1992, he enacted a decree that criminalized litigation.

Second, by the time Ibrahim Babangida became military ruler, the military began a practice of appointing judges mostly from the civil service. They needed people on the bench whose habit of obedience to instructions they could trust.

Third, they unitarized appointments to and benefits in the judiciary, creating the monstrosity that has now become known as the National Judicial Council (NJC).

At page 174 of his 2006 autobiography Just as I am, pioneering estate management practitioner, Chief Simon Okeke recounts his membership of the Island Club in Lagos, saying: “stories had it that the verdicts of most court cases were decided upon within the club. At that time, all Ministers and Magistrates, High Court to Supreme Court judges and famous lawyers and other top government officials were members of the club.”

SANs Are No Longer Enough

As the work of judges has become overtaken by political disputes, politicians have decided that there is no virtue in judicial independence and made a virtue of judicial subservience. Like most other things in the country, judicial appointments now are for the most part allocated to system insiders.

Around the country, therefore, politicians with any ambitions to high office are more likely than not to be armed with a judge in their back pocket or in their bedroom. It is no longer enough to have an army of Senior Advocates of Nigeria (SANs) on your side.

The last President of the Court of Appeal had her husband awarded the senatorial ticket of the ruling party in Bauchi North just as she was about to begin presiding over the administration of disputes over the 2019 election. Once her tenure was over, and her husband had served the purpose, the ruling party quickly awarded the same ticket to a scion of the then-serving Chief Justice.

62 years after Independence, Nigeria’s law students are still wondering what judicial independence was supposed to mean to begin with. The lawyers appear to have given up on it. The politicians have taken care of it. And as for what most of the judges think, it’s best left unsaid.