Court

By Abu Turay

Across West Africa, a silent but powerful transformation is taking root: the judicialization of politics. The courts, once arbiters of constitutional order, are increasingly the final arbiters of electoral contests. Nowhere is this trend more visible than in Nigeria, where nearly every major election ends not at the ballot box, but at the bench.

This expanding role of the judiciary in electoral outcomes raises complex questions: Are the courts rescuing democracy from flawed elections? Or are they replacing the people’s will with judicial verdicts, thereby shifting the center of gravity in democratic governance?

Courts as Electoral Arbiters

In Nigeria, the 2023 general elections showcased the scale of post-election litigation. Dozens of gubernatorial, legislative, and even presidential results were contested, with tribunals and appellate courts deciding outcomes. In some states, candidates initially declared losers were later declared winners by judicial rulings.

This is not unique to Nigeria. Ghana, Senegal, and Sierra Leone have all witnessed major electoral disputes resolved by courts. The judiciary has become both a battleground and a battlement—a place where democracy is either affirmed or redefined.

At face value, this suggests a maturing democracy where the rule of law reigns supreme. But the implications are not always reassuring.

Why Judicialization Is Rising

Several forces are driving this trend.

First, the deterioration of electoral credibility. When institutions like the Independent National Electoral Commission (INEC) are accused of logistical failures, transparency lapses, or bias, the courts become the last hope for justice.

Second, electoral malpractice, including voter suppression, ballot snatching, vote buying, and misinformation, creates fertile ground for legal contestation.

Third, the increasing legal codification of elections means that technicalities—like improper nomination, overvoting, or irregular result collation—can overturn popular mandates.

Finally, the high stakes of public office in West Africa create desperation. Access to state power can mean access to wealth, immunity, and patronage. In such a zero-sum environment, litigation becomes not just a legal process but a political strategy.

The Benefit and Risks of Judicialization

There’s no denying that courts have played a vital role in correcting flawed elections. In theory, their intervention strengthens democracy, punishes rigging, and reinforces accountability. For disenfranchised voters and honest candidates, the courts can offer justice.

However, the risks are real—and growing.

• Erosion of Voter Confidence: When elections are routinely overturned or validated by judges, citizens may begin to see voting as irrelevant. If judges, not voters, decide winners, what incentive remains for civic participation?
• Perception of Bias: Even when courts follow the law, public trust can erode if verdicts appear to favor the ruling party or lack consistency. Allegations—often unproven—of judicial compromise further deepen distrust.
• Political Pressure on Judges: With so much at stake, courts may face overt or subtle pressure from powerful actors. This politicization of the judiciary undermines its independence and the democratic process.
• Weakened Electoral Bodies: Overreliance on courts can take pressure off electoral commissions to improve. If every error or illegality is expected to be “fixed” in court, institutional reform stalls.

Striking the Right Balance

The solution isn’t to remove the judiciary from politics, but to restore balance in democratic governance. That starts with a few key reforms:

1. Strengthen INEC: Electoral commissions must be empowered and insulated from political interference. Technology, transparency, and real-time result transmission should be prioritized.
2. Judicial Reform: Appointments should be merit-based and transparent. Courts must deliver verdicts speedily, especially before swearing-in ceremonies, to avoid situations where incumbents retain power during prolonged litigation.
3. Public Legal Education: Citizens must understand the legal basis for judgments. Civic education can prevent misinformation and temper partisan outrage.
4. Political Party Reforms: Many disputes begin with flawed primaries. Strengthening internal party democracy would reduce court cases tied to candidacy irregularities.
5. Pre-election Dispute Resolution: Early intervention by courts—before elections—on candidate eligibility, party symbols, and procedural concerns can limit post-election chaos.

Democracy in the Dock

The growing judicial role in elections reflects both the fragility and resilience of West African democracies. It shows that, although the ballot may be compromised, the Constitution still carries weight. Yet, democracy must not become a perpetual courtroom drama.

The judiciary is not an electoral umpire. It is a guardian of law, not a generator of legitimacy. When citizens believe their votes don’t count, the social contract frays. When politicians believe they can win in court what they lost at the polls, the democratic ethic decays.

Ultimately, a nation where every election becomes a lawsuit is one where democracy risks death by litigation.

To end this piece, I ask: Do we want a democracy that is judicially rescued or an institutionally reliable democracy? The difference will shape not only our politics but our future.

Abu Turay is an Embedded Technical Expert on Electoral Affairs at the Electoral Assistance Division of ECOWAS Peace, Security and Governance (EPSG) Program. He can be reached via bainam2010@yahoo.com.

By Abdullahi Mukhtar Algasgaini

A landmark judgment by the National Industrial Court in Abuja on Tuesday nullified a controversial military rule that compelled officers to serve for a minimum of 15 years before being allowed to resign.

The court declared the provision, contained in the Harmonised Terms and Conditions of Service for Officers (HTACOS), as “oppressive” and a “gross violation” of fundamental rights protected by the 1999 Constitution.

The ruling was delivered by Justice Emmanuel Subilim in a suit filed by Flight Lieutenant J. A. Akerele against the Nigerian Air Force (NAF).

Akerele had accused the force of “systematic persecution and victimisation” after he applied to resign.Commissioned as a pilot officer in 2013, Akerele stated that after submitting his resignation, the then-Chief of Air Staff not only rejected his letter but also declared him Absent Without Leave (AWOL) and issued a signal for his arrest.

In his affidavit, Akerele detailed a series of professional setbacks, including an abruptly terminated flight training in the U.S., prolonged stagnation in rank, and cancelled training opportunities, which he said caused him “severe emotional distress” and left him “traumatised.”

He argued that the 15-year service requirement violated his constitutional right to resign, as guaranteed by Section 306 of the 1999 Constitution.

In his judgment, Justice Subilim agreed, likening the rule to “modern-day slavery under the guise of national service.” The court struck down the compulsory service requirement and issued a perpetual injunction restraining the NAF from arresting or detaining Akerele.

The court also dismissed the NAF’s technical argument that Akerele had used the term “voluntary retirement” instead of “resignation,” ruling that the substance of his request was clear and valid.

By Anas Abbas

The Katsina State High Court has sentenced two individuals to death for the murder of Dr. Rabe Nasir, a former Commissioner for Science and Technology in the state.

The verdict was delivered by Justice Ibrahim Mashi at High Court 9 in Katsina.

The convicted men, Shamsu Lawal, who previously worked as a security guard for the late commissioner, and Tasi’u Rabi’u, his cook, were found guilty of poisoning Dr. Nasir in his residence at Fatima Shema Quarters in 2021. The prosecution revealed that the pair resorted to poisoning after their attempts to rob him had failed.

Evidence presented during the trial included a joint autopsy conducted by police and medical officials, which confirmed the presence of poison in Dr. Nasir’s body.

In addition to the death sentences, another former guard of the deceased, Sani Sa’adu, received a five-year prison term for withholding information regarding the murder. Meanwhile, a female suspect, Gift Bako, was acquitted due to insufficient evidence linking her to the crime.

The defense attorney for the convicted men, Ahmad Murtala Kankia, requested leniency from the court, highlighting that both men have families and dependents who rely on them.

Dr. Rabe Nasir was not only a former commissioner but also a retired anti-graft officer and had served as a federal legislator representing Mani and Bindawa local governments in 2003 during the administration of former Governor Aminu Masari.

By Uzair Adam

A Sharia Court in Kofar Kudu, Kano State, has ordered the remand of Nasiru Mukhtar, accused of assaulting an Imam at a mosque in Tudunwada.

According to police reports, the incident occurred on October 22, 2024, around 5 a.m. when Mukhtar allegedly approached Imam Malam Murtala Sulaiman during the early morning prayers, grabbed him by the neck, slapped him, tore his clothing, and took his microphone.

Following the incident, Malam Sulaiman reported the case to the Kano State Police Command.

The charges against Mukhtar, according to the police, align with Sections 165 and 166 of the Kano State Penal Code.

During the court proceedings, the accused pleaded not guilty.

The presiding judge, Malam Isah Rabi’u Gaya, rejected the defense’s bail application and ordered a psychiatric evaluation for Mukhtar to assess his mental state.

The judge has set the case’s next hearing for November 22, 2024, pending further investigations.

By Uzair Adam

A High Court in Kano State on Tuesday ordered the remand of Zhang Qunfang, a Chinese national, in a correctional facility over allegations of forgery and destruction of property belonging to Huafei International Nigeria Ltd., located at No. 52 Hadejia Road, Gezawa District Area, Kano.

During the arraignment before Justice Ma’aji, prosecution counsel Eristio Asaph from the Force Headquarters legal department presented a charge filed on October 3, 2024, requesting the court’s approval to read the charges to the defendant.

However, defense counsel Ibrahim Abdullahi Chedi opposed the reading, contending that the case was not ready for arraignment as Qunfang had only received the charges that day.

He noted that Qunfang, arrested by INTERPOL in Abuja, had been granted administrative bail and argued that, according to Section 127 Sub 2 of the ACJL 2019, the defendant should be served seven days prior.

The prosecution responded that the defendant had refused to accept the charge sheet post-release on bail. After reviewing both sides, Justice Ma’aji granted permission to proceed with reading the two-count charge.

According to the charge, Qunfang allegedly forged the signature of Mr. Zhu Bin, a company client, to add her name as a signatory and used her access to withdraw $80,000 from the company’s account without approval from other directors.

Additionally, she is accused of intentionally demolishing a building owned by Huafei International Nigeria Ltd.

The prosecution asserted that these acts violate sections of the Penal Code Law. Qunfang pleaded not guilty to the charges.

The court adjourned the session to November 1, 2024, to address the defense’s bail application and ordered her remand in custody pending the hearing.

By Uzair Adam

A High Court sitting in Bwari, Abuja, has directed the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS) to apprehend anyone attempting to sell the properties of the late Justice Moses Bello, a former President of the Customary Court of Appeal in Abuja.

Delivering the ruling, Justice M.A. Madugu issued an injunction barring the sale of the late judge’s property located at Panama Street, Maitama District, Abuja.

The court instructed that the order be visibly posted on the property and published in national newspapers.

The court’s decision followed an ex-parte application filed by the late judge’s daughter, Ann Eniyamire, through her counsel, Yahuza Maharaz.

The suit lists Christ the King Catholic Church in Okene, Kogi State, and its parish priest, Reverend Father Ezekiel Awolumate, as defendants.

Justice Madugu ordered the defendants to refrain from selling, leasing, or mortgaging the disputed property until the case is resolved.

The court also empowered law enforcement agencies, including the EFCC and DSS, to arrest and prosecute anyone who violates the court’s orders.

Additionally, the court authorized Eniyamire to mark the property with red paint, indicating “NOT FOR SALE / Lis Pendens,” pending the outcome of the suit.

The judge warned that any attempt to remove the court’s orders from the property would result in contempt of court.

Eniyamire filed the lawsuit, alleging she was unfairly deprived of her rightful inheritance from her father’s estate. She claims her father’s will stipulated an 11.11 percent share of his assets for each of his eight children and his wife.

However, she accused the first defendant, Reverend Awolumate, of altering the share to 4.16 percent, contrary to the will.

In her suit, she is seeking a court declaration confirming her entitlement to 11.11 percent of her father’s estate and demanding the defendants present all relevant documents pertaining to the estate’s management and distribution.

Eniyamire is also requesting N500 million in general damages.

By Sabiu Abdullahi 

A 63-year-old Missouri woman, Sandra “Sandy” Hemme, has had her conviction overturned after spending 43 years in prison for a murder she did not commit.

Hemme was convicted in 1985 based on incriminating statements she made while a psychiatric patient, but a judge has now ruled that there is “clear and convincing” evidence of her innocence. 

Livingston County Circuit Judge Ryan Horsman ruled that evidence directly ties the murder of Patricia Jeschke to a local police officer, Michael Holman, who has since died.

Hemme must be freed within 30 days unless prosecutors decide to re-try her. Hemme’s legal team, with the Innocence Project, argued that authorities ignored contradictory statements and failed to disclose evidence that would have helped her defense.

Her attorneys said, “We are grateful to the Court for acknowledging the grave injustice Ms. Hemme has endured for more than four decades.” 

Hemme’s conviction was the longest-known wrongful conviction of a woman in US history. She initially pleaded guilty to capital murder to avoid the death penalty, but her conviction was later overturned on appeal.

At her retrial in 1985, the only evidence against her was her contradictory and factually impossible “confession” made while a psychiatric patient. 

Hemme’s attorneys noted that she had a history of inpatient psychiatric care, having spent most of her life in treatment since age 12.

Her exoneration is a testament to the tireless efforts of her legal team and the Innocence Project, bringing an end to a 43-year-long grave injustice.

By Uzair Adam Imam 

A Lagos Special Offences Court in Ikeja has handed down a seven-year imprisonment sentence to Toheeb Korede for attempted robbery. 

Justice Olubunmi Abike-Fadipe delivered the verdict on Thursday following Korede’s conviction on charges brought against him by the state government. 

Initially facing a two-count charge related to conspiracy to commit robbery and armed robbery under sections 299 and 297(2)(a) of the Criminal Laws of Lagos State 2015, Korede was found guilty on both counts due to substantial evidence presented by the Lagos State Government. 

However, the discovery of a handmade pistol in Korede’s possession led to additional charges and his conviction for attempted robbery. 

The convict, arrested on November 11, 2020, was arraigned on November 17, 2020, where he pleaded not guilty to the charges. 

During the trial, the prosecution counsel, led by Adebanke Ogunode, presented witnesses including a victim and the Investigating Police Officer (IPO), who testified against Korede.  

The victim recounted his ordeal at the Jakande bus stop in Eti-Osa, Lagos, where Korede and an accomplice robbed him at gunpoint of his smartphone and N125,000.

By Uzair Adam Imam

Three men, including a tailor, Tunde Adelakun (32), a herbalist, Saheed Oloyede (54), and Oluwasegun Akinlolu (23), have been accused of causing ‘indignity to a corpse’ by allegedly exhuming it and cutting off some flesh. 

The trio appeared before an Iyaganku Magistrate’s Court on Monday to face charges related to their actions.

The defendants, residents of Omi-Adio and Bakatari along the Ibadan/Abeokuta Expressway, were charged with conspiracy and causing indignity to a corpse.

 Adelakun and Akinlolu were allegedly arrested with human flesh on their way to Omi-Adio, heading to the herbalist’s house at Bakatari after exhuming a dead body on January 10.

The defendants pleaded not guilty to the charges, and Magistrate Mrs M. M. Olagbenro granted them bail at N200,000 each with one surety. The case has been adjourned until February 29 for a hearing.

According to the prosecution counsel, Inspector Olalekan Adegbite, the defendants conspired to commit the offences and improperly tampered with the corpse. 

The alleged actions violate sections 242 (1)(b) and 517 of the Criminal Code Laws of Oyo State 2000. 

The defendants could face up to two years of imprisonment if found guilty.

By Abi Carter

A 75-year-old man from the town of Bad Tölz in Bavaria has successfully sued his neighbour for causing a bit of a stink by lighting his barbecue with unusual irregularity. As RTL reports, the two men live in the same apartment building in the small town, and the one in the upstairs flat began to get frustrated with his neighbour, who apparently took to grilling food on an electric barbecue on his terrace almost every single day. 

The smoke and rising smell became “unbearable” for the upstairs pensioner, who was named by RTL as Heinz J. Together with his wife, he reported his neighbour to the local authorities, and the case ended up in court. 

While the first court threw out the complaint, the plaintiffs appealed and a second district court in Munich – after hearing testimony from around a dozen witnesses about the smell and smoke caused by the grill – eventually sided with the couple. 

The court has ruled that the downstairs neighbour is only allowed to light up his barbecue four times per month and added that he is not allowed to grill two days in a row on the weekend. If he does not comply, he risks being slapped with a 250.000-euro fine. 

Source: iamexpat