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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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Out-of-school: Group To Enroll Adolescent Mothers In Bauchi

Published

2 days ago

December 10, 2025

Editor

Women Child Youth Health and Education Initiative (WCY) with support from Malala Education Champion Network, have charted a way to enroll adolescent mothers to access education in Bauchi schools.

Rashida Mukaddas, the Executive Director, WCY stated this in Bauchi on Wednesday during a one-day planning and inception meeting with education stakeholders on Adolescent Mothers Education Access (AMEA) project of the organisation.

According to her, the project targeted three Local Government Areas of Bauchi, Misau and Katagum for implementation in the three years project.

She explained that all stakeholders in advancing education in the state would be engaged by the organisation to advocate for Girl-Child education.

The target, she added, was to ensure that as many as married adolescent mothers and girls were enrolled back in school in the state.

“Today marks an important step in our collective commitment to ensuring that every girl in Bauchi state, especially adolescent who are married, pregnant, or young mothers has the right, opportunity, and support to continue and complete her education.

“This project has been designed to address the real and persistent barriers that prevent too many adolescent mothers from returning to school or staying enrolled.

“It is to address the barriers preventing adolescent mothers from continuing and completing their education and adopting strategies that will create an enabling environment that safeguard girls’ rights to education while removing socio-cultural and economic obstacles,” said Mukaddas.

She further explained to the stakeholders that the success of the project depended on the strength of their collaboration, the alignment of their actions, and the commitments they forge toward the implementation of the project.

Also speaking, Mr Kamal Bello, the Project Officer of WCY, said that the collaboration of all the education stakeholders in the state with the organisation could ensure stronger enforcement of the Child Rights Law.

This, he said, could further ensure effective re-entry and retention policies for adolescent girls, increased community support for girls’ education and a Bauchi state where no girl was left behind because of marriage, pregnancy, or motherhood.

“It is observed that early marriage is one of the problems hindering girls’ access to education.

“This organisation is working toward ensuring that girls that have dropped out of school due to early marriage are re-enrolled back in school,” he said.

Education stakeholders present at the event included representatives from the state Ministry of Education, Justice, Budget and Economic Planning and Multilateral Coordination.

Others were representatives from International Federation of Women Lawyers, Adolescent Girls Initiative for Learning and Empowerment (AGILE), Bauchi state Agency for Mass Education, Civil Society Organization, Religious and Traditional institutions, among others.

They all welcomed and promised to support the project so as to ensure its effective implementation and achieve its set objectives in the state.

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OPINION: Fubara, Adeleke And The Survival Dance

Published

2 days ago

December 10, 2025

Editor

By Israel Adebiyi

You should be aware by now that the dancing governor, Ademola Adeleke has danced his last dance in the colours of the Peoples Democratic Party. His counterpart in Rivers, Siminalayi Fubara has elected to follow some of his persecutors to the All Progressive Congress, after all “if you can’t beat them, you can join them.”
Politics in Nigeria has always been dramatic, but every now and then a pattern emerges that forces us to pause and think again about where our democracy is heading. This week on The Nation’s Pulse, that pattern is what I call the politics of survival. Two events in two different states have brought this into sharp focus. In both cases, sitting governors elected on the platform of the same party have found new homes elsewhere. Their decisions may look sudden, but they reveal deeper issues that have been growing under the surface for years.

In Rivers, Governor Siminalayi Fubara has crossed into the All Progressives Congress. In Osun, Governor Ademola Adeleke has moved to the Accord Party. These are not small shifts. These are moves by people at the top of their political careers, people who ordinarily should be the ones holding their parties together. When those at the highest levels start fleeing, it means the ground beneath them has become too shaky to stand on. It means something has broken.

A Yoruba proverb captures it perfectly: Iku to n pa oju gba eni, owe lo n pa fun ni. The death that visits your neighbour is sending you a message. The crisis that has engulfed the Peoples Democratic Party did not start today. It has been building like an untreated infection. Adeleke saw the signs early. He watched senior figures fight openly. He watched the party fail to resolve its zoning battles. He watched leaders undermine their own candidates. At some point, you begin to ask yourself a simple question: if this house collapses today, what happens to me? In Osun, where the competition between the two major parties has always been fierce, Adeleke was not going to sit back and become another casualty of a party that refused to heal itself. Survival became the most reasonable option.

His case makes sense when you consider the political temperature in Osun. This is a state where the opposition does not sleep. Every misstep is amplified. Every weakness is exploited. Adeleke has spent his time in office under constant scrutiny. Add that to the fact that the national structure of his party is wobbly, divided and uncertain about its future, and the move begins to look less like betrayal and more like self-preservation.

Rivers, however, tells a slightly different story. Fubara’s journey has been a long lesson in endurance. From the moment he emerged as governor, it became clear he was stepping into an environment loaded with expectations that had nothing to do with governance. His political godfather was not content with being a supporter. He wanted control. He wanted influence. He wanted obedience. Every decision was interpreted through the lens of loyalty. From the assembly crisis to the endless reconciliation meetings, to the barely hidden power struggles, Fubara spent more time fighting shadows than building the state he was elected to lead.

It soon became clear that he was governing through a maze of minefields. Those who should have been allies began to treat him like an accidental visitor in the Government House. The same legislators who were meant to be partners in governance suddenly became instruments of pressure. Orders came from places outside the official structure. Courtrooms turned into battlegrounds. At some point, even the national leadership of his party seemed unsure how to tame the situation. These storms did not come in seasons, they came in waves. One misunderstanding today. Another in two weeks. Another by the end of the month. Anyone watching closely could see that the governor was in a permanent state of emergency.

So when the winds started shifting again and lawmakers began to realign, those who understood the undercurrents knew exactly what was coming. Fubara knew too. A man can only take so much. After months of attacks, humiliations and attempts to cage his authority, the move to another party was not just political. It was personal. He had given the reconciliation process more chances than most would. He had swallowed more insults than any governor should. He had watched institutions bend and twist under the weight of private interests. In many ways, his defection is a declaration that he has finally chosen to protect himself.

But the bigger question is how we got here. How did two governors in two different parts of the country end up taking the same decision for different but related reasons? The answer goes back to the state of internal democracy in our parties. No party in Nigeria today fully practices the constitution it claims to follow. They have elaborate rules on paper but very loose habits in reality. They talk about fairness, but their primaries are often messy. They preach unity, but their caucuses are usually divided into rival camps. They call themselves democratic institutions, yet dissent is treated as disloyalty.

Political parties are supposed to be the engine rooms of democracy. They are the homes where ideas are debated, leaders are groomed, and future candidates are shaped. In Nigeria, they increasingly look like fighting arenas where the loudest voices drown out everyone else. When leaders ignore their own constitutions, the structure begins to crack. When factions begin to run parallel meetings, the foundation gets weaker. When decisions are forced down the throats of members, people begin making private plans for their future.

No governor wants to govern in chaos. No politician wants to be the last one standing in a sinking ship. This is why defections are becoming more common. A party that cannot manage itself cannot manage its members. And members who feel exposed will always look for safer ground.

But while these moves make sense for Adeleke and Fubara personally, the people they govern often become the ones left in confusion. Voters choose candidates partly because of party ideology, even if our ideologies are weak. They expect stability. They expect continuity. They expect that the mandate they gave will remain intact. So when a governor shifts political camp without prior consultation, the people feel blindsided. They begin to wonder whether their votes carry weight in a system where elected officials can switch platforms in the blink of an eye.

This is where the politics of survival becomes dangerous for democracy. If leaders keep prioritizing their personal safety over party stability, the system begins to lose coherence. Parties lose their identity. Elections lose their meaning. Governance becomes a game of musical chairs. Today you are here. Tomorrow you are there. Next week you may be somewhere else. The people become bystanders in a democracy that is supposed to revolve around them.

Rivers and Osun should serve as reminders that political parties need urgent restructuring. They need to rebuild trust internally. They need to enforce their constitutions consistently. They need to treat members as stakeholders, not spectators. When members feel protected, they stay. When they feel targeted, they run. This pattern will continue until parties learn the simple truth that power is not built by intimidation, but by inclusion.

There is also the question of what these defections mean for governance. When governors are dragged into endless party drama, service delivery suffers. Time that should be spent on roads, schools, hospitals, water projects and job creation ends up being spent in meetings, reconciliations and press briefings. Resources that should strengthen the state end up funding political battles. The public loses twice. First as witnesses to the drama. Then as victims of delayed or abandoned development.

In Rivers, the months of tension slowed down the government. Initiatives were stalled because the governor was busy trying to survive political ambush. In Osun, Adeleke had to juggle governance with internal fights in a crumbling party structure. Imagine what they could have achieved if they were not constantly looking over their shoulders.

Now, as both men settle into new political homes, the final question is whether these new homes will provide stability or merely temporary shelter. Nigeria’s politics teaches one consistent lesson. New alliances often come with new expectations. New platforms often come with new demands. And new godfathers often come with new conditions. Whether Adeleke and Fubara have truly found peace or simply bought time is something only time will tell.

But as citizens, what we must insist on is simple. The politics of survival should not become the politics of abandonment. Our leaders can fight for their political life, but they must not forget that they hold the people’s mandate. The hunger, poverty, insecurity and infrastructural decay that Nigerians face will not be solved by defection. It will be solved by steady leadership and functional governance.

The bigger lesson from Rivers and Osun is clear. If political parties in Nigeria continue on this path of disunity and internal sabotage, they will keep losing their brightest and most strategic figures. And if leaders keep running instead of reforming the system, then we will wake up one day to a democracy where the people are treated as an afterthought.

Governors may survive the storms. Parties may adjust to new alignments. But the people cannot keep paying the price. Nigeria deserves a democracy that works for the many, not the few. That is the real pulse of the nation.

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Human Rights Day: Stakeholders Call For More Campaigns Against GBV

Published

2 days ago

December 10, 2025

Editor

Panel of discussants at an event to commemorate the International Human Rights Day, 2025 on Wednesday called for more campaigns against Gender-Based Violence, adding that it must start from the family.

The panel of discussants drawn from religious and community leaders, security agents, members of the civil society community, chiefs, etc, made the call in Benin in an event organised by Justice Development & Peace Centre (JDPC), Benin, in collaboration with Women Aid Collective (WACOL) with the theme: Multilevel Dialogue for Men, Women, Youth and Critical Take holders on the Prevention and Response to Gender-Based Violence (GBV).

The stakeholders, who said causes of GBV are enormous, called for more enlightenment and education in the family, community and the religious circle.

Security agents in the panel charged members of the public to report GBV cases to security agents regardless of the sex Involved, adding: “When GBV happens, it should be reported to the appropriate quarters. It doesn’t matter if the woman or the man is the victim. GBV perpetrators should not be covered up, they must be exposed. We are there to carry out the prosecution after carrying out the necessary investigation.”

Earlier in his opening remarks, Executive Director, JDPC, Rev. Fr. Benedicta Onwugbenu, lamented that (GBV) remains the most prevalent in the society yet hidden because of silence from victims.

According to him, GBV knows no age, gender or race, adding that “It affects people of all ages, whether man or woman, boy or girl.”

“It affects people from different backgrounds and communities, yet it remains hidden because of silence, stigma, and fear. Victims of GBV are suffering in silence.”

On her part, Programme Director, WACOL, Mrs. Francisca Nweke, who said “women are more affected, and that is why we are emphasising on them,” stressed “we are empowering Christian women and women leaders of culture for prevention and response to Gender-Based Violence in Nigeria through the strengthening of grassroots organisations.”