COURTocracy: The final stage of Nigeria’s Democracy! - Ik Muo, PhD


I wish to start this intervention with a story from the animal kingdom. An antelope was running like mad’  at Yankari Games Reserve and an elephant asked it: ‘wetin de porshuu  you’ . The antelope replied that policemen   were arresting ALL the goats in the community. The perplexed elephant then retorted: ‘but you no be goat’. And the antelope replied: with the way our  judicial system operates, it will take at least 20 years to prove that I am not a goat! And he continued running. The elephant   wisened up and also started running with an unusual speed. Are you wondering how I understood the language of the animals? Then you must have forgotten that I am the living Spirit!

 The copyright to COURTocracy,  to the best of my knowledge, belongs to  Sam Omatseye, who   coined the term in  an article  so titled in ‘Their  Nation’ of 17/2/20.  I don’t know what he will be saying today when ‘Go To Court’ ( GTC)has become the hit-song of his APCian partners   Even as at today, I don’t know if those who were boisterously  shouting GTC  are still comfortable with the  trajectory of the court cases. But that is by the way.

 Fifty eight years ago, Kwame Nkruma, one of the immediate post-independence Pan Africanists,  authored  a classical book titled ‘Neo colonialism, the last stage of imperialism’ (1965, PANAF Books). I read it in my days at UI, when I was a hot Marxian Pan Africanist and when my name  was  Ik Castro Muo’( the only Castro without beards!) and my friends knew me more by Castro than  by Ik! For some unknown reasons, that title had been etched in my memory since then and when I started laying the foundation for this intervention, I found it useful. Nkrumah had  propounded that under neo-Colonialism  ‘The state is in theory independent and has all the trappings of sovereignty but  in reality, its political system and thus its political policy is everything but independent’. So,  COURTocracy,  as the last stage of Nigerian democracy, is the situation, in which   Nigeria has all the trappings of a democratic state  ( elections, three tiers of government,  National Assembly, rule of law etc) but in reality, it is anything but democratic as the power to decide who rules has be wrested from the citizens and handed over to the courts. Sam Omatseye had described COURTocracy as government of the people  for the judges and by the judges but as it is now, I describe it as government of the  people by the courts for their cohorts.

The recent declaration by John Cardinal Onaiyekan,  that I am still waiting for the court to determine who won the election’,  is a pointer to our  descent into a  full blown COURTocracy. Few days after that, the Supreme Court declared Adeleke as the authentic Osun State Governor; though he won the election 10 months ago, (17/7/22). Incidentally, it was the same Supreme Court that declared  Oyetola as the winner in  July 2019(  This July sef!) following a questionable case of inconclusiveness. So, what role did the voters play in this  leadership recruitment process? And why should our learned brothers (whose are in season now), look at the same law, the same circumstances, the same sequence of events and declare the winner  as the spirit directs? In the recent Osun case, the Supreme court ruled in favour of Adeleke after the Tribunal had ruled against him.  And just the other day, Chief Bode George told those lobbying him to congratulate Tinubu  that the elections were not  yet definitively over! And then, one  Justice Tanko of Kano High Court allegedly dethroned the Abia Governor elect, and other LP candidates across the country  for failure to submit the party’s membership register 30 days before  the election. In one of the fastest judicial pronouncements in Nigerian history, a case for which the originating summons was filed on 11/5/23, was concluded on 18/5/23! If our judicial processes had always been that efficient and swift, the antelope we encountered at the beginning of this article, would not have been on the run. Anyway, the case took an interesting twist as before long, people recalled how that same judge was sacked by NJC for unholy conducts  including delivering two judgement on the same case and how he reappeared under questionable circumstances  in 2021  and is now back to his normal trade. And then the Judge  denied ever making any ruling against Oti while even the Abia-PDP denied  ever instituting any case against Alex Oti. But be that as it may, this laughable incident has reminded us once more that the courts are IN CHARGE!

The Psalmist had admonished the judges of his days How much longer will you give unjust judgments and uphold the prestige of the wicked? Let the weak and the orphan have justice; be fair to the wretched and the destitute. Rescue the weak and the needy save them from the clutches of the wicked: (Psalm82:2-4). Even if these question and injunctions were given ages ago, I wish to slam them on our judicial operators. The judiciary actually exists to interpret the laws and in the case of elections, adjudicate when there is disagreement as to the process or outcome. It did not start today and that was why Obi was able to reclaim his mandate so brazenly stolen by Eselu-Uba and Co including Ngige.   Even the former comrade, Adams Oshiomhole, could not have become a governor if not for the courts( He is no longer a khaki-wearing aluta man). We then had the Amaechi-Omehia case in which someone who did not participate in the election became a governor. And just the other day, we had the Supreme Court Governor of  Imo State, wherein via mathemagics, the  last became the first( Matthew, 20:16). You see, our judicial operatives have now become gods; they work in mysterious ways! That they adjudicate on electoral matters is not the issue: the issue is that they make pronouncements  beyond their powers and which most often lead to  more questions than answers( Jhonny Nash 1972).

Today, the court has become the institution of first resort. That is why electoral victors are now advised to wait until the court speaks. The courts do not just determine who wins, they  also determin who contests because they are now the author and finisher ( Hebrew 12:2) of the nomination  processes; they anoint and de-anoint contestants and candidates with reckless abandon. On 20/1/23, the court sacked Umo Eno as PDP gubernatorial candidate for  Akwa Ibom  and recognised   Michael Enyong; who scored 2448 out of 2776 in the primaries in the first place. So how did Eno emerge? On 1/2/23, Appeal Court reinstated Azubogu as APGA candidate for Anambra Central- a few days to election. His initial emergence as a candidate on 1/6/22,  was nullified by another court. On 2/2/23, a court ordered  INEC to accept LP candidates in 24 states manually or electronically.  LP had communicated the list to INEC on 27/10/22 (almost 4 months previously) but INEC said its portal was faulty. On 10/3/23, the Supreme Court replaced Shekarau with Hanga as the NNPP candidate for Kano Central and  that was after the elections.  On 8/3/23, the Supreme  Court also declared Greg Ibeh as the authentic  Abia-APGA governorship candidate, when the election was just one week away, just as it affirmed Hembe as Benue LP candidate, 2 days  to the rescheduled elections while a Court ordered INEC to list Udofia as APCs gubernatorial candidate, a few hours to the initially scheduled date of the elections.  The Jalingo highcourt also ordered High-Neck not to remove  Bchawa as the APC governorship candidate for Jalingo.The candidature of Lawan, Akpabio and Umahi, who are now  sinnators-select’, bear  the intimidating imprimatur of COURTocracy. And a court authorised the use of temporary voters’ cards for elections after the presidential election. So, we are not sure of the candidates and we are not sure of the winners until  as the Lordship pleases.

The key consequence of these shenanigans is the intimidating and galloping number of court cases and of course, a boom in the legal and judicial market. In 2007, under  Maurice Iwu( who scored himself A+), there were 1299 electoral cases. Under Jega in 2011 and 2017, there were 751 and 677 cases. Under the current INEC chair, we had 811 in 2019 and 1044 (70% of all the seats contested for in 2023) and as at February, INEC has been joined in 1241 interparty cases for which it has budgeted N3bn for legal consultants- for a start. The spike in COUTocracy under Iwu ( 2007)and Under Mahmood( to date) is an indication of the level of impunity cooked by these electoral chefs, specially  under OBJ and PMB, two  imperious militicians, who created the enabling environment!!!.

The factors that led to the advent and maturity of COURTocracy are multidimensional. In the first instance, it is because  of failure of political parties, politicians, and candidates  to abide by the rules of the election at the  party or general election levels, and the constitution of Nigeria. As somebody had lamented, they do not obey the laws of their parties, which they made themselves, they do no abide by the laws of the country and they do not even abide by the laws of God or the laws of the various oracles.  This is because of impunity facilitated by disdain for internal democracy, money solves ALL problems mentality,  and avalanche  godfathers in high places.  Sure, what we have is pretend-democracy; democracy without democrats and without democratic ethos.

INEC also fails to abide by its  own guidelines or by the constitution. The  electoral act stipulated electronic transmission of results and INEC assured that it was non-negotiable. INEC then failed to do so and a court in Lagos ordered it to comply with its guidelines but APC, which was not a party to the case applied for leave to go on appeal. INEC also applies different benchmarks for  similar cases in different places. In Adamawa, Fintri  was leading Bibnani( an obviously anointed candidate, who also had the singular honour of printing our electoral materials) with 31249 votes and it was declared inconclusive but in Ogun State, Dapo  Abiodun was leading  Adebutu with 13915 votes and it was declared conclusive. Of course, the Adamawa case was an award-winning one as the REC, Hudu Yunusa-Ari, just took the microphone and announced Binani as the winner,( and for the first time, INEC  was shocked) disappeared for a while and reappeared to declare that he did the right thing. We all recall what happened in Enugu and Abia State gubernatorial elections   were results were COOKRD in   Nkanu and  Obingawa LGAs and how both them yielded different outcomes. Still on INEC, more than 2 months after tribunal innauguration and about 2 months after Obi requested for documents and after Mahmood had promised to supply ALL the documents, INEC had only supplied 20% of the documents, and the APC  lawyer  had asked LP to manage the 20%.  All this have fuelled the theory and practice of COURTocracy.

                         Confused confusion                       Lady of justice with one eye open

The judges are experts in black-market injunctions and at times, judges at the same level issue contradictory injunctions and/or  judgements,  and this is despite the  certainty of sledge hammers from NJC. This will give a glimpse into the level of  inducement involved.  This situation, which became more rampant since 2007  has led to complications and ‘confused confusion’. At times, the lady of justice which is already distressed, appears with both or one of the eyes open so that justice becomes a function of who is involved. In the alter of COURTocracy, all lawyers become minor, subsidiary gods while the judges of all grades become the major gods and all the judicial staff become  emergency  church-workers., all in the temple of injustice. In all this we forget the timeless declaration by Justice Samson Uwaifo ( Rtd Judge of the Supreme Court)that A corrupt judge is more harmful to the societythan a man who runs amok with a dagger in a crowded street. At times, the press and some rogue politicians  cojoin to  promote the  concept, theory and practice of COURTocracy as in the case of Abia state governor elect. Clause 9 of the judgement specifically stated that the candidates that participated in the election in Abia State were not parties to the case and as such the court could not make an order. It  was a prelection case that should have been  filed on 23/6/22  and ought to have been finished by 20/12/22 and Abia court had entertained a similar case.  But how did a case in Abia State  land in Kano?  Sure, they gave COURTocracy a bad name in the process.

Once in a while, the courts offer real justice as when a  Magistrate Court in Gidan Murtala Kano  sentenced a cock to death for crowing too much. Yusuf Muhammad filed a case in court against Isyaku Shuabu and his  cock,  complaining that the cock  deprived  him and the entire neighbourhood of sleep,  thereby causing nuisance. The Magistrate, Halima Wali, gave  Shuabu an ultimatum to kill the cock not later than Friday, April 7. That was on Good Friday when Christ was murdered by his traducers.  However,  at times, the law as presented by the lawyers and as interpreted in the court proves to be the REAL ass. In 2021, Roxana  Ruiz, a Mexican  lady succeeded in  killing a man who attacked and sexually assaulted her in her home .  The Judge, Monica Osorio, admitted that the woman acted in self-defence but then sentenced her to 6 year jail term in addition to  $16,000 reparation payment to Sinai Cruz's  family  because she used excessive force on the rapist: she knocked him unconscious, strangled him, tried to dismember him, left the body for 20 hours before packaging it and dropping it on the street. The LEARNED judge averred that knocking the scoundrel unconscious would have been enough! I digressed!


Too many cooks (lawyers) spoil the broth

Back to COURTocracy, I admit that it has some positive elements. In the first instance, it  leads to a bullish judicial stock-market. INEC has budgeted N3bn for electoral legal combat; Obi,Atiku, APDP and INEC have assembled 129 SANs  just for the presidential petitions. This is despite the assertion by The Lawyer (21/5/96) that too many lawyers spoil the case, just as too many cooks  spoil the broth.  The NJC has already assembled 257 judges to manage the various  electoral  cases. You can then imagine the quantum of cash flow (including those under the table and in Dollars)within the judicial ecosystem in the next couple of months and the positive impact on Nigerians debt-drenched economy. The electoral process turned into  what Bobo Brown termed electoral banditry, which could not have worked without COURTocracy. COURTocracy has therefore also improved the bandit economy

 As I posited through the title, COURTocracy is the last stage of Nigerian Democracy. This was signed, sealed and delivered when people involved in all forms of unmentionable electoral criminality told those adversely affected to GO to COURT. And those adversely affected varies with time and space. And thus, while APC was on top in Lagos and many other places, it suffered terrible nose-bleeding during the Gubernatorial election in Wike’s PH.  GTC has taken a jocular dimension when even Tacha, who claimed  that the cloth she wore to the 2023 Africa Magic Viewers Choice awards cost $20k  had asked  those who disagree with her to Go To COURT!!! However, the Son of Man is wondering why a cloth that covered nothing cost that much! You can go and verify!!!   It has even become an item for Nollywood as a Ghanaian actor, John Dumelo has  taken  a swipe at Nigerian judicial system ( vis-à-vis Ghana) due to these Go To Court tendencies.


Just….Go To Court!

Suzy Kassem  has rightly declared that When people can get away with crimes because they are wealthy or have the right connections, the scales are tipped against fairness and equality. The weight of corruption then becomes so heavy that that it creates a dent that forces the world to become slanted so much so that justice just slips off.  Lucky Goodluck had advised that   ‘We must design a system where ballot papers must decide who leads us; not the courts. The ballot papers should select the leaders. Any country where ballot papers cannot select the leaders is doomed’ and Rafsanjani rued that It is not always nice that people voted somebody and the judiciary awards that to somebody else.

 We all know the right thing but while we await for that right time and date to do those right things, when the ballot will determine our fate and future, we must continue to manage and finetune  COURTocracy.  I agree with Tunde Daramola, former member of PDP-NEC, former member of APC-Presidential Campaign Council that There is NO point voting in election  when winners are decided by the courts, (Guardian. Saturday 13/5/23). In effect, what is purpose of our voting  when the judiciary determines  the eventual winners? I have therefore, as a part of my community service and contribution to national development, designed  this ingenious method of optimising COURtocracy and it works like this; those who  want to occupy any position( because it is their turn, because they have something or nothing to offer, because they can do it or because their people or religion is underrepresented)  should just declare themselves as  winners of the given position. The declaration will be something like: I,  Otunba  Olaniyi, Otigbuinyna1 and Alhaji Gburugburu, D.Sc Hons, PTD  419 Special Class,convict extraordinary, serial customer of EFCC, with triple citizenship, hereby declare myself as the Governor of XYZ state. He or better she(remember the Adamawa experience) will file the  declaration with the appropriate court. Others will do the same and the courts will then determine the authentic occupant of the position, which will depend on the wizardry and witchery of the lawyers,  the depth of the pocket of the declarants and their ability  to cause mayhem  when the process does not favour them.  This method  is cheap, swift simple and safe. My only worry is that  INEC, including their contractors and consultants  will  GO TO COURT because this process will render then useless.


Lessons from Turkey!

What happened in Turkey recently has further  made a mockery of our COURtocracy and Go Court Tendencies. The constitution required 50% for victory and the President, Edorgan, who is in charge of EVERYTHING got 49.52% as against his opponents  44.76%, allowed for the run-off, which was scheduled within 2 weeks. In Nigeria, the signs and wonders that would have followed, would have been unimaginable and the number of SANs on parade would have reached Guiness Book of Records dimensions. I have  written it as I like and  If you don’t like what I have written, please Go to Court!

Congratulations here and there

To AJ Abosede, the first home-grown Professor of Business Administration in OOU, who delivered the 108th Inaugural lecture (Managing Enterprises: Trends, Travails and Takeaways) on 9/5/23. He introduced the 3Ts of management and  recommended further studies on the nexus between women empowerment and domestic stability( divorce rate) in Africa. To the Management and Staff of OOU, led by Prof Comrade  Agboola, for emerging 18th the recent Nigerian  universities ranking and  for the successful take-off of  the OOU-Open & Distance Learning Institute. To Prof EO George for his birthday celebration, send-forth from OOU and Book Launch  on 23/5/23 

 Alor2!

And to Chief Onyeka Nnabugwu, (Ume-Ikemba, Okpataozuoha), who emerged as the Alor2 of Igbo-Ukwu on 7/5/23.

Now available for N10000 (+ delivery within Nigeria) or N7500 on a pick-up basis.  Call 08037056750, 08037116817 or 08033026625


 Ik Muo, PhD. FCIB. Department of Business Administration, OOU, Ago-Iwoye. 08033026624

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