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OPINION: The Judicial Adultery In Kano

Published

2 years ago

November 27, 2023

By Lasisi Olagunju

The falcon no longer hears the falconer. A commercial flight landed in Asaba on Sunday but its cabin crew welcomed passengers to Nnamdi Azikiwe Airport, Abuja. A certified true copy of an Appeal Court judgment last week gave victory to both the respondents and the appellants. Nigeria of today is the textbook definition of confusion.

I seek to describe what the Court of Appeal did with the Kano governorship case as judicial adultery. I also seek to call it an adulteration of justice. I write with the help of my dictionary which has pointed it out to me that ‘adulterate’ and ‘adultery’ come from the same Latin root, adulterare, meaning “to falsify, corrupt.” Rodents of karma peed into the soup pot of the absolute monarchs in our court halls last week. A court that chops knuckles with parties before it is sure to deliver hybrid judgments – a little to the right, a little to the left; a salad of poisonous confusion. Fuji megastar, Kollington Ayinla, sang decades ago about indecorous mating in music-sphere. The product, he says, will have the face of the lead singer; the arms and legs of the child will belong to the drummer; the head will go to the gong man (Oju l’oju Kola/Apa l’apa Social/Ese l’ese Aromire/Ori l’ori Jimoh Agogo/Eti l’eti Marcus…).

Scholars after scholars have stressed, repeatedly, that the role of a judge in a case is to “transform the uncertainty about the facts into the certainty of the verdict.” A judge that leaves parties before it uncertain and confused after judgement has failed at doing his work. He deserves neither his pay nor a pat nor the usual allowances of reverence. Like the hybrid child in Kollington Ayinla’s ‘Ta ni o jo’ song, the Kano governorship judgement birthed a shapeshifter; a certified true copy that carved the verdict’s trunk in the image of the APC respondents while the gavel head of the bull goes to the NNPP appellants. It is the first hybrid judgment in the history of the world and the court system.

Every reasonable Nigerian was shocked to know of this case. The Court of Appeal sitting in Abuja heard and decided an appeal on the governorship of Kano State. It read its judgement in the open court sacking the incumbent governor who was the appellant in the case. Five days later, the party that lost got a certified true copy (CTC) of the judgement but saw that the decision and orders of the court on the document actually gave them the crown of victory. On the face of the CTC of the judgment signed by the chairman of the panel, the court resolved “live issues” in the case in favour of the respondents (APC) and dismissed the Appeal. It then scandalously proceeded to resolve “all issues” in favour of the appellants (NNPP) – the party it had earlier pronounced losers. The court went further on that route of confusion setting aside the judgement of the tribunal that had earlier sacked the governor and which it had earlier affirmed. It went farther further awarding costs against the APC, the party it had earlier pronounced winners: “The sum of N1,000,000.00 (one million naira only) is hereby awarded as costs in favour of the appellant and against the 1st respondent,” the CTC read. Was that an error or two parallel judgements of the same case, one grafted onto the other by karma?

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Judges are traditionally like eagles – they are not expected to flock and join the crowd to make silly mistakes. That is perhaps the reason why the Romans said an Eagle does not catch flies. When a court judgement has the type of ‘mistakes’ you find in exam scripts of below-average pupils, know that the Eagle of the nation now flies down to hunt flies. The poet is a prophet. William Butler Yeats (1865 – 1939) saw this Kano conundrum over 100 years ago. His poet-persona speaks in ‘The Second Coming’ of “a shape with lion body and the head of a man…” That is a monster – the image of a judgement that says both parties have won.

Cynthia Gray was the director of the Centre for Judicial Ethics of the American Judicature Society. In 2004, she published in the Hofstra Law Review an article on ‘The line between legal error and judicial misconduct: balancing judicial independence and accountability.’ A Nigerian judge reading the piece would be happy to cite it as a proof that misbehaviour in the temple of justice is not copyrighted for Nigeria. There are cases cited there that leaves mouths unclosed – like more than one judge caught deciding cases by lot in the open court. One judge decided a child custody case by flipping a coin; another asked the courtroom to vote on the guilt or otherwise of a man charged with battery: “If you think I ought to find him not guilty, will you stand up?” When that judge was charged with misconduct, his defence was that he called for an audience vote to “involve the public in the judicial process.” Some of those errant judges argued that they were right; some said they did not know it was wrong to be wrong. If a judge has no clue as to which is the way between the bush and the road, we should know that the society is in trouble. As Gray argues “it would be incongruous if the principle: ‘ignorance of the law is no excuse’ applies to everyone but those charged with interpreting and applying the law to others.”

The day the Kano CTC scandal broke, I sat down with my Nigerian-American friend for a sad chat on the Kano fiasco. What is this? The court explained it as a “clerical error” but my friend said: “That’s neither a faux pas nor a slip of judgement. That’s a revelation!” A revelation?! I thought that was deep. W.B. Yeats probably saw this too and also told us how it may end: “Surely some revelation is at hand; Surely, the Second Coming is at hand.” Even non-Christians know the implication of the ‘second coming’. It signposts, first, the coming of the “rough beast” slouching “towards Bethlehem”, then the end of the world.

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A convulsing world denies its terminal illness. It is not true that if you find yourself in a hole you should stop digging. If you dig horizontally you may escape the enemy’s snare at the end of your tunnel. The appeal court appeared to have done exactly that. It doubled down, boring a tunnel of explanations on how its cock turned to a bull within five days. It said the sin it committed was a mere “clerical error.” Could three whole paragraphs carefully written with words correctly spelt be called a ‘clerical error’. The World Law Dictionary defines ‘clerical error’ as “a small mistake (eg a spelling mistake) made by accident in a document.” No one, apart from the judges who sat in that court, knows exactly what happened. We can only guess. The court should just go quietly into the night. It is a very bad, low moment for Nigeria itself.
Where else can this “clerical error” be found in the history of court judgements? I spent the weekend doing some searches for similar errors in history and around the world. The nearest I could find was the 1941 Bastajian v Brown case decided by the United States Supreme Court. On May 14, 1936, a trial judge made a decision entry in the court records. It was his conclusion on a real estate case. He wrote: “395524. Blanche H. Comstock v. James E. Brown, et al. Cause heretofore tried and submitted, the court now orders judgement for defendants.” Court records showed that “a year expired during which time no findings of fact and conclusions of law were submitted to the court. On about May 11, 1937, findings of fact and conclusions of law and a judgment prepared by C. P. Von Herzen, one of plaintiff’s attorneys, were filed by him with the clerk to be presented to the judge; they were signed by the judge and filed on June 4, 1937.” It turned out that what the judge signed was the direct opposite of his May 1936 decision and entry. The cheated side read what was signed and complained to the judge. They called his attention to what the decision truly was. On September 29, 1937, the judge issued a corrective order agreeing with the complainant/defendants that the said judgment was signed by his court “inadvertently and by mistake, and did not express the intent of this court nor the true judgment rendered herein, and that the signing of the same by said court constituted a clerical mistake.” The judge further held that the plaintiffs’ “presentation of said Findings of Fact and Conclusions of Law and said Judgment to this Court for signature constituted a fraud and deception practiced upon this Court in misrepresenting and misstating the true decision of the court after the lapse of a long period of time…” The case became a very controversial one that went up to the Supreme Court. On December 19, 1941, the Supreme Court ruled that the judge properly exercised his powers by “vacating the judgement and the finding of fact and conclusions of law upon which the judgement was rested.” Friends and beneficiaries of the Nigerian Appeal Court would read this case and say: “you see, there is no new thing under the sun.” They would refer us to the author of the book of Ecclesiastes: “The thing that hath been, it is that which shall be; and that which is done is that which shall be done: and there is no new thing under the sun.”

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But I think they should wait: A layman like me will easily see that the contentious judgement in the US case was drafted by the counsel of the plaintiffs for the judge to sign. And he signed. Anyone in Nigeria who would seek to benefit from that case should prepare to explain how judges of the second highest court in the land wrote ‘yes’ when they meant to write ‘no’. The Court of Appeal has not disowned the authorship of the judgement; it wrote and signed it. It even, after its delivery, dotted the i’s and crossed the t’s for more than four days before releasing the CTC The court has not told us how the “error” crept into its spick and span work.

It is so nice that this case has moved up to the Supreme Court. We should all look forward to reading how the apex court will “transform the uncertainty” of the case to the certainty of untainted reasoning. One thing, however, appears true here: The poet is a prophet. Chinua Achebe’s ‘Things Fall Apart’ derives its title from the poetic prescience of W. B. Yeats. It foretells the horrific “error” that was certified by the Court of Appeal last week. I will be surprised if anyone says things are alright with the Nigerian system. With every passing day, sheets of darkness unfurl. The innocent have long lost their innocence; an epidemic of guilt without shame distresses the land. That is why you would hear the unclad Court of Appeal, while sacking Bauchi State Speaker on Friday accusing INEC of “dancing naked in the market”. Before “the Second Coming”, Yeats says the falcon will no longer hear the falconer. Where succour used to be, what you see is anarchy. The poet foretells all that. As the gyre widens, we feel the silence of philosophers and the ignorant chatter of promoters of vile excuses. The best in Nigeria today “lack all conviction”; the worst is “full of passionate intensity.”

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FULL TEXT: Gen Musa’s Inaugural Speech As Defence Minister

Published

9 hours ago

December 6, 2025

Editor

Newly appointed Defence Minister, General Christopher Gwabin Musa (rtd), on Friday, delivered his inaugural speech as he assumed office, pledging to end the shedding of innocent blood and strengthen Nigeria’s security architecture.

Here is the full speech:

FULL SPEECH: ADDRESS BY GENERAL CHRISTOPHER GWABIN MUSA (RTD), ON HIS ASSUMPTION OF OFFICE AS MINISTER OF DEFENCE.

December 5, 2025

It is with profound humility and a deep sense of responsibility that I address you today in my new capacity as the Minister of Defence of the Federal Republic of Nigeria. Six weeks ago, I was in Kaki. Now, I am coming as the Minister. It can only be God. I thank President Bola Ahmed Tinubu, GCFR, for the trust and confidence you have shown in me.

I take that very seriously. For me, it is indeed a privilege and an honour, after serving 39 years in service, to come in and now be the Minister of Defence of the Federal Republic of Nigeria. The love Nigerians have shown us reflects that people believe we can turn the tide.

But it is not rhetoric. It is by action. We must, firstly as Nigerians, take ownership of the responsibilities and challenges we face in our country.

It is only us who can solve the problem. It is when we agree within ourselves that we can deal with this, that we will succeed. God is with us, and He has always given us the responsibility to succeed.

This responsibility is one I accept with solemn reverence and unwavering commitment to the safety and security of our great nation, Nigeria. Let me also acknowledge the dedicated leadership of my predecessor and the relentless efforts of every one of you in this room.

When I was the Chief of Defence Staff, you gave me all the support, and I truly appreciate it. I want to assure you that coming back as Minister, we want to do more for your welfare, well-being, and the administration of the Ministry. I strongly believe in reward and accountability. You do well, you are rewarded. We take corrective measures to ensure we succeed. I don’t believe in “na so we dey do am.”

We must assess everything that we are doing and see whether we can improve it. I believe in fostering a positive workforce. We are going to listen to your challenges, and whatever we can do to address them, we will. But I count on you also to put in your best. You know your task ahead. You don’t have to wait until somebody calls you or asks you a question. Do what you are supposed to do, and that will make it easier for us as a nation.

The task of securing the nation is continuous, and I am aware that you have been holding the line with dedication. I commend you all. For decades, my life has been defined by uniform, by the ethos of service, and by sacred covenants to defend the territorial integrity and citizens of Nigeria. I therefore come to this role not as a stranger to our security challenges, but as a comrade who has been in the trenches both literally and figuratively. I’ve seen firsthand the bravery of our troops, the complexity of our threats, and the role of strategic coordination. Like I always say, no single individual can achieve this alone. No single service operator can do it. We must work as Nigerians, making Nigeria better.

Consequently, my core philosophy in ensuring the affairs of this ministry is simple: operational effectiveness through unified action and strategic foresight. Ladies and gentlemen, we cannot afford to operate in silos.

We cannot tolerate gaps between policy and execution, or between the ministry and the services. This ministry will be a powerhouse of strategic direction, enabling support, and relentless accountability. We must provide that support for our troops to continue to succeed. They are sacrificing their lives out there in the field—day and night, thunderstorm or windstorm—whatever the situation, to ensure that we, Nigerians, can go to bed and sleep well. We must continue to pray for them. We must continue to provide the necessary support.

Working as a team with other MDAs, Mr. President has made it very clear he will give us all the support we require and demands that we achieve success, which we have promised him. Within the first few weeks, we must show that we are committed: the ministry working inside, the troops working outside.

To translate this philosophy into action, my initial focus will rest on three interconnected pillars: enhancing joint operational strategy synergy. We will immediately begin a rigorous review of all theatre commands and inter-service operations. My door will be open, as always, to the Chief of Defence Staff and Service Chiefs for frank discussions on equipment, training, welfare, and strategy. Mr. President wants us to present our challenges, with the promise that they will be addressed. So it is left for us to do the needful.
Our goal is to overwhelm the adversaries with seamless jointness, not just cognition.

Welfare and Morale as a Force Multiplier

We all understand the importance of morale to our personnel and staff. We must therefore prioritise the timely provision of all necessary kits, ensure prompt payment of operational allowances, and vigorously address accommodation and medical care for our personnel and their families. Those not injured are watching how we treat the injured. If they are not taken care of properly, they will not give their best, because they will be apprehensive. Especially those who have lost their loved ones—the families want to know what will happen.

It is our responsibility to take care of them. The aspect of actions that impugn their integrity is not acceptable. We must make payments seamless. We must treat them with respect. Anybody who is laying down their life for their country deserves the highest respect, and that is what we offer. I will be very critical about that.

Intelligence-Driven and Technology-Enabled Defence

The Ministry of Defence is the strategic brain of our national defence architecture. We must therefore leverage technology for intelligence, surveillance, and recurring service. We have partners and allies ready to support us. We will reach out to them to work as a team. We will also collaborate with other security agencies. Every Nigerian is vital to the success of Nigeria. We will foster a culture where data and intelligence drive our decisions, not just experience alone. I charge the Ministry to be a catalyst for innovation and efficient resource management.

Distinguished ladies and gentlemen, I expect the highest standards of professionalism, integrity, and urgency from all of us. We do not have time to waste. We will continue to hit the ground running. We must respect the human rights of Nigerians. If we make mistakes, we must take necessary action to make amends. I will always encourage candid advice and robust debates. But once a decision is taken, we must move as one united team.

There will be zero tolerance for corruption, indiscipline, or indolence. Our loyalty is to Nigeria and the Nigerian people. The President is the Commander-in-Chief; the bulk stops on his table. We must provide the support required to make Nigeria peaceful.

Shedding of innocent blood is over. Our children should go back to school. Our farmers should go back to their farms. Most of the challenges we face are not military solutions—they are issues of good governance, justice, equity, and fairness, which we will encourage. Both non-kinetic and kinetic solutions must work hand in hand. We cannot afford to fail Nigerians. Charity begins at home; if we have the mindset that we will succeed, we will.

To the Service Chiefs, I offer my full support and expect your utmost cooperation to move the Armed Forces to greater heights. To the Department Secretary and the Civil Service cadre, you are the institutional memory and the framework for our sustainability. I value your expertise and count on your diligence to translate our military objectives into actionable administrative and budgetary policies.

The road ahead is demanding and will be tough. Let us not take it for granted. But because we are Nigerians, we shall overcome. The threats we face are adaptive and complex, but I have absolute faith in the indomitable spirit of our Armed Forces and the capable minds within the Ministry. With the support and prayers we are receiving from all Nigerians, we cannot fail.

In closing, let me once again reaffirm my commitment to lead with fairness, firmness, and loyalty to our Constitution. The President is doing everything possible to ensure our success. We must play our part. The task ahead is enormous, but surmountable. We can win. We will win. The good people of Nigeria are looking up to us for results, and we must deliver immediately. I am not here to preside; I am here to lead, to walk, and to deliver alongside you. I cannot do it alone. I thank you all as I look forward to our detailed work and the tasks ahead.

God bless you all, and God bless the Federal Republic of Nigeria.

Thank you.

— General Christopher Gwabin Musa (Rtd)
Minister of Defence, Federal Republic of Nigeria

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Malami Breaks Silence On Alleged Terrorism Financing

Published

10 hours ago

December 6, 2025

Editor

A former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has broken his silence on allegations linking him to terrorism financing, dismissing the claims as baseless, misleading and politically motivated.

In a statement issued on Friday, Malami said he was compelled to respond after a publication suggested that he and several others had connections to persons described as terror suspects or alleged financiers.

Malami described the claims as “unfounded, unfair and contrary to both my record in public office and objective facts.”

The former minister stressed that he had never been accused, invited, interrogated or investigated by any security, law-enforcement or intelligence agency within or outside Nigeria for terrorism financing or any related offence.

He said: “I state clearly and unequivocally that I have never at any time been accused, invited, interrogated, investigated or charged by any security, law-enforcement, regulatory or intelligence agency—within or outside Nigeria—in respect of terrorism financing or any related offence.”

Malami noted that even the retired military officer cited as the principal source of the publication admitted that he did not accuse Malami or the other individuals of financing terrorism, but merely referenced vague “business” or “institutional” connections allegedly linked to some suspects.

He said the publication misrepresented this clarification and was politically exploited to create damaging insinuations about him.

Malami warned that normal professional or institutional engagements must not be misconstrued as evidence of supporting terrorism.

“To suggest that lawful professional or institutional engagements can be read as evidence of terrorism financing is both mischievous and unjust,” he said.

Highlighting his record, Malami listed several anti–money laundering and counter-terrorism reforms spearheaded during his tenure, including:

Establishment of the Nigerian Financial Intelligence Unit (NFIU) as an independent entity

Enactment of the Money Laundering (Prevention and Prohibition) Act, 2022

Enactment of the Terrorism (Prevention and Prohibition) Act, 2022

He noted that improved inter-agency coordination under these laws contributed to Nigeria’s removal from the Financial Action Task Force (FATF) grey list.

“During my tenure, I worked to strengthen—not weaken—Nigeria’s legal and institutional framework against money laundering and the financing of terrorism,” he said.

Malami urged the media to exercise caution when reporting on sensitive national security issues, warning that careless publications can damage reputations and undermine confidence in state institutions.

He reaffirmed his commitment to the rule of law and Nigeria’s international obligations, adding that he reserves the right to seek redress against any publication that misrepresents his role in the fight against terrorism financing.

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Otuaro Pledges To Expand PAP Scholarship As Beneficiaries Bag Master’s Degrees From UK Varsities

Published

21 hours ago

December 5, 2025

Editor

Administrator of the Presidential Amnesty Programme (PAP), Dr. Dennis Otuaro, has expressed his unwavering commitment to expanding the PAP scholarship scheme.

The PAP boss made the pledge at a graduation reception for nine students who were awarded foreign post-graduate scholarships by PAP in universities in the United Kingdom.

A statement by his Special Assistant on Media, Mr Igoniko Oduma, said the successful scholars are the first graduates in the offshore post-graduate scholarship deployment to UK institutions by the PAP Administrator, Dr Dennis Otuaro, for the 2024-2025 academic session.

According to the statement, they graduated from the Anglia Ruskin University, University of Dundee and The University of Law with master’s degrees in cyber security, data science and engineering, law, construction and civil engineering management, project management, and ICT.

Otuaro disclosed in the statement that 711 undergraduate and post-graduate scholarship beneficiaries are expected to graduate from universities within Nigeria this year.

According to Otuaro, the expansion of the scholarship scheme is aimed at creating more opportunities for indigent students of Niger Delta extraction to access higher education with a view to closing the human capital development gap in the region.

Otuaro said it was for this reason he deployed 3800 beneficiaries in-country in the 2024-2025 academic year, and increased the figure to 3900 in the 2025-2026 academic session with 200 for foreign scholarships.

He said under his administration, 7700 students have been so far deployed for the PAP scholarship scheme within Nigeria in less than two years.

According to him, aince he took over, he has deployed 162 students from the region for post-graduate programmes in targeted disciplines in the UK universities.

According to him, this is in conformity with the Renewed Hope Agenda of President Bola Tinubu for the Niger Delta, who has given unprecedented support to the PAP because of his sincere love for the area.

The PAP boss said, “Our decision aligns with the Renewed Hope Agenda of His Excellency, President Bola Ahmed Tinubu GCFR for the Niger Delta. We will continue to create more higher educational opportunities for students from indigent backgrounds in our region.

“We are also deepening the implementation of the programme’s mandate in informal education and other areas for the sustainable peace and socio-economic advancement of the region.”

Otuaro, who congratulated the master’s graduates on their successful graduation, stressed that they completed their programmes in record time which shows the seriousness they had put into their studies.

He said they have justified the Federal Government’s investment in their education with their successful graduation, and urged other beneficiaries not to be distracted in their academic pursuits.

“We congratulate these scholars on their successful graduation. It shows that they took their studies seriously. That is what we demand of every scholarship beneficiary, whether at the undergraduate or post-graduate level”, Otuaro said.