The Verdict : When Judiciary Goes on Trial

By Olusegun Adeniyi

Following the 5th December 2020 Imo North Senatorial by-election
to replace the late Benjamin Uwajumogu, the Independent National
Electoral Commission (INEC) declared victory in favour of the All
Progressives Congress (APC) without proclaiming a winner. This was
due to a multiplicity of cases by APC members claming to be the
party’s candidate and the various reliefs they were able to procure
from different courts. But in a recent petition signed by the
party’s acting National Chairman and governor of Yobe, Mai Mala
Buni, APC accused Supreme Court Justices Mohammed Dattijo, Abdu
Aboki and Helen Ogunwumiju of conspiring with the People’s
Democratic Party (PDP) to deliver the senate seat. This grave
allegation has already elicited a response from the apex court with
dire implications for the people of Imo North and democracy in
Nigeria.

Announcing the suspension of proceedings in the appeal by
Chukwuemeka Ibezim regarding his dispute with Ifeanyi Ararume,
Justice Mohammed Dattijo—who led a five-member panel of the apex
court—said APC has called to question his integrity and that of two
colleagues. “Let me confirm to all counsel in this matter that the
Interim National Chairman of APC had written a petition against me
and two other Justices of this court, namely Helen Ogunwumiju and
Abdu Aboki” said Dattijo. “They alleged that my humble self had led
my two brothers to attend a meeting with members of the PDP to
strategize on how to subvert the outcome of this case. I must say
that this is most unfortunate and my heart bleeds for this country.
This is a reckless and irresponsible statement. If they have
honour, let them substantiate their allegations and I will not stay
a day longer in this court. So, this matter is adjourned sine die,”
meaning indefinitely.

The problem began on 5th September last year when factions
emerged from the seven-man committee established by the APC to
conduct primaries for Imo North senatorial election. Chaired by
Senator Ajibola Bashiru with Samuel Ogbuku as Secretary, other
committee members included Jibrin Gada, Bello Kumo, Umar Gana,
Mohammed Saba and Godfrey Ejim. At the end of the exercise, two APC
senatorial candidates emerged. While Bashiru led the secretary and
two other members to declare Ibezim winner, the remaining three
committee members gave victory to Ifeanyi Ararume. The party
headquarters threw its weight behind Ibezim and submitted his name
to INEC. But several politicians, including those from parties that
ordinarily had no dog in the fight, went to court with all manner
of cases. That was how the judiciary became a pawn in the political
chess game.

In the Nigerian legal system, there is only ONE Federal High
Court. There is also only ONE Court of Appeal. That has not stopped
our politicians from instituting cases involving same parties at
different locations of the same court. On 6th November 2020, the
Federal High Court sitting in Owerri disqualified Ibezim and
declared Ararume the APC candidate in a case filed by Lady Uchenna
Ubah. This case proceeded to the Court of Appeal and Supreme Court
and both overturned the verdict which then left the coast clear for
Ibezim. But in a case filed by Tony Elebeke on 4th December 2020,
another Federal High Court sitting in Abuja disqualified Ibezim,
thus technically giving the ticket to Ararume 24 hours to the
election. This judgement was affirmed by the Court of Appeal
sitting in Abuja. However, we must remember that the Owerri panel
of the Court of Appeal (in the case filed against APC by Lady Ubah)
had earlier upheld the election of the same Ibezim. Were different
facts presented before the two panels? Similarly, the Supreme Court
that had earlier validated the election of Ibezim in the Ubah case
against APC disqualified him on this latter case thus effectively
giving the ticket to Ararume. Were different facts presented before
the Supreme Court too?

That of course was not the end of the court drama. On 8th March
2021, an interim order was sought at the FCT High Court to compel
INEC to recognize Chief Emmanuel Okewulonu, the PDP candidate,
winner of the election. This is forum shopping by another
politician who had actually filed a similar case at the Election
Petition Tribunal that is still pending. However, the Judge was
also clever. Apparently in a bid to buy time for the matter to be
decided either by the Supreme Court or the Election Tribunal, he
adjourned the case. On 18th March, 2021, without waiting for the
appeal pending at the Supreme Court, a Federal High Court sitting
in Abuja declared Ararume winner of the election. On the same day,
an Interim Injunction was obtained from the High Court of Imo
State, restraining INEC from recognizing Ararume as the candidate
for the election. Curiously, the case was filed by a member of the
All Progressives Grand Alliance (APGA). What is APGA’s interest in
APC internal issues? Obviously a case of hand of Esau, voice of
Jacob!

Interestingly, before the Imo North Senatorial contest became
enmeshed in litigation, the APC screening committee had
disqualified Ibezim and the decision was upheld by the party’s
appeal panel. Somehow, somehow as we say in Nigeria, it was the
name of this same disqualified aspirant that the party sent to INEC
as APC candidate. With that, the commission is helpless because by
design, our politicians have protected themselves, regardless of
how they circumvent their own internal processes. Section 31 of the
Electoral Act says that once a party submits the list of
candidates, INEC has no power to reject or disqualify “for any
reason whatsoever”.

As sordid as the foregoing may appear, nobody should imagine
this is only an APC problem. Internal democracy is alien to all our
political parties as can be glimpsed from a similar problem in
Cross River State involving the PDP. In a split decision of four to
three, the supreme court on 17th February dismissed the appeal
filed by Stephen Odey challenging the judgement of the Court of
Appeal which declared Agom Jarigbe the validly-nominated candidate
for Cross River Senatorial District. But the role played by the
judiciary was, to put it mildly, very suspicious. Why, for
instance, was Jarigbe’s case filed before the Federal High Court
sitting in Port Harcourt, rather than in Calabar, the capital of
Cross River State where the contentious PDP primary was held and
the venue of the by-election? Then there is a glaring abuse of
court processes by the use of interim exparte orders.

As its name implies, an ‘interim’ order is a temporary order but
has long become a potent tool in the hands of Nigerian politicians
to checkmate being denied justice or compel compliance with a ruse.
As absurd as it may sound, however, we should not blame Jarigbe. He
evidently won the primaries but the PDP panel gave victory to his
opponent, apparently to appease a powerful man in the state.
Jarigbe may therefore have reasoned that those behind his travail
were in control of the judicial arm in Calabar, including the
Federal High Court. So, at the end, what saved the day for him was
the curious judgement he got from Port Harcourt. In a dramatic
development on 17th December last year, just 24 hours after the
Clerk of the National Assembly had sworn-in Odey as a Senator, the
Court of Appeal sitting in Abuja declared Jarigbe the duly
nominated PDP candidate for the electon. And that has been affirmed
by the apex court. How do you run a country like that?

The challenge at hand is the absence of internal party
democracy. In fact, the most lucrative enterprise for party members
is to be saddled with the assignment of primaries in the states.
This explains why most election cases are those that challenge the
conduct/management of the nomination of candidates. Party primaries
are replete with manipulation of membership registers, total
disregard for their own constitutions and guidelines as well as
blatant corruption and imposition of candidates, especially by
governors.

That Nigerian politicians refuse to see the danger of subverting
democracy is very clear. Where they don’t resort to litigation,
they disrupt well organized elections by INEC, using thugs as it
happened in Ekiti State two weeke ago. What is sad about Ekiti is
not just that lives were lost but also that the constituency (Ekiti
East 1 State Constituency) is one of the smallest in Nigeria. It
covers half of just one local government with only five Wards, 39
polling units and 23,670 registered voters. If this trend continues
unchecked, one can only imagine what will happen during the
governorship election next year or in the 2023 general election
involving the entire country.

Meanwhile, INEC has been statutorily restrained by the provision
of Section 31(1) of the Electoral Act from exercising any
discretion on the candidates being sponsored by a party. This is to
ensure that INEC is apolitical. Fine. But the spurious court
verdicts don’t help the commission either. Sadly, the Supreme Court
which ordinarily has the duty to hammer against judicial rascality
in lower courts has been dragged into the mess by its own internal
contradictions. We now have a situation where people who come
fourth in elections are able to become governors by the benevolence
of judicial officers. Or as it is the case with Imo North
Senatorial District, thousands of people will turn out to vote yet
four months after, they would have no representation at the
National Assembly. It is getting to a point in which Nigerians will
begin to ask themselves, why bother to vote?

In the course of interrogating this same vexatious issue last
year, I made allusion to why democracy, according to Ross Feingold,
is considered the most legitimate form of government, essentially
because the power of choice rests with the people. “But when this
power dynamic is altered and citizens lose their influence, the
legitimacy of the system is threatened.” In a situation where
politicians no longer campaign but rely on the court to get to
power, that is no longer democracy. Both the National Judicial
Commission (NJC) and the Nigerian Bar Association (NBA) as well as
other critical stakeholders should work together to save our
judiciary from this shameful conduct. To file frivolous cases,
lawyers after filthy lucre will breach civil procedural demands and
get such cases assigned to and heard by their accomplices on the
bench. While we must put an end to such unholy alliances, there is
also an urgent need to bring post-party primaries litigations under
the electoral law. This will eliminate forum shopping and also deal
with the issue of proliferation of orders and judgments emanating
from different courts of coordinate jurisdiction.

While political parties must wean themselves of bad behaviour in
the conduct of their primaries to nominate candidates for
elections, both the Constitution and the Electoral Act require
amendment. We cannot continue with a situation in which Judges veto
the choices of the electorate on the basis of technicalities such
as how names are written on certificates. If this democracy is to
survive, it is imperative that the judiciary as an institution and
judges as individuals are not only impartial to those who appear
before them but also that the wider public have the confidence that
cases affecting their well-being will be decided fairly and in
accordance with the law.

As a cornerstone of democracy, any judiciary that doesn’t serve
constitutional goals is a problem for the society. It’s worse when
Judges are perceived as not acting fairly, reasonably, and in
preservation of public trust in the rule of law. That sadly is the
state we are in Nigeria today and it calls for a lot of soul
searching by judicial officers. Proliferation of court cases with
similar cause of action at different locations of courts of
coordinate jurisdiction indicates forum shopping and may point to
the fact that justice is now cash and carry. This can only
encourage jungle justice. However, the greater responsibility lies
with the political class. Which is why the APC, as the ruling
party, should be restrained in making claims it cannot substantiate
against judicial officers at the apex court. In their own
enlightened interest, they must begin to accord the judiciary the
respect and dignity necessary for judges to do their work without
being dragged into partisan politics or having their reputation
sullied.

Amatala
and Other ‘Unforgotten’ Children^[1]

Despite protestation from my friend, Waziri Adio who has been
her greatest supporter and encourager right from the beginning, I
had warned my wife when this whole idea started three years ago
that on no account should it get to the media. I promised financial
support and when necessary rally close friends but it should always
be our own way of giving back to the society in a quiet way. When
Ms Tolu Salami, a Masters degree holder and job seeker, joined to
assist in managing the ‘school’, I should have seen a red flag with
the opening of a Twitter account. But with a followership of just
75 comprising family and friends, I never thought much of it. Then
the photograph of Amatala, a two-year old who was in the habit of
loitering around the ‘school’ premises with book in hand, changed
everything!

Within a few hours, the Twitter account had attracted more than
a thousand followers with many people asking how they could support
the initiative. When Waziri told me he was going to blow my cover
about the project as a follow up to the tweet, I really couldn’t
care anymore. But I have so many people to thank for the way my
wife is gradually transforming the lives of 54 children, 17 young
adults and their parents through an informal project she was
compelled to register and now goes by the name Not Forgotten
Initiative (NFI).

It’s a long story but let me share the key points. There were
many ramshackle shanties around our house in Asokoro with
inhabitants whose children were just roaming the area. On a
particular day in 2018, a pregnant woman flagged down my wife as
she drove past, asking for help. Her husband had asked her to move
her things from their abode and she needed someone to intervene.
Upon investigation, the conflict stemmed from her refusal to give
him the N5,000 she had saved from her petty trading to send Haruna,
her first son whose father is late, to school. She was looking to
get the savings to N15,000 to register the boy in school and here
she was, about to be kicked out of her matrimonial home.

When my wife discussed the matter with me, she followed up with
a proposition: Why don’t we take up Haruna’s education? I agreed
instantly. Then she added, ‘What about the other kids? We need to
do something about them as well.’ She told me she had discussed
with parents and they expressed willingness to have their children
(14 at the time) in school but had no money. I told her to go ahead
with whatever she planned, promising to provide the financial
resources. I know I have good friends I can always count on.

My wife took my word as a license to construct two classrooms in
a make-shift structure on an empty land within the area. But the
moment the 14 pupils were enrolled and one teacher employed, we had
many children showing up, looking all scruffy and tattered. And we
could not turn them back. We hired two more teacers. Just as I was
getting worried by the financial implications as the number of
pupils kept increasing, my friend, Folorunsho (Foli) Coker, added a
new idea. Following his appointment as Director General of Nigerian
Tourism Development Corporation (NTDC), Coker arrived Abuja in 2017
to take accommodation beside the ‘school’. He fell in love with the
children and inquired about people behind the idea. When he got to
know I was involved, Foli called me to suggest, “Segun, your wife
has to go beyond teaching those children. They deserve at least one
meal a day. I will support you.” That was how meal became part of
the project.

We soon introduced the ‘extension school’ with the sole purpose
of providing after school support to struggling students from
government owned secondary schools, particularly in Mathematics,
English and basic science. We also serve them lunch and the number
grew from the initial eight to 17. One of them emerged the
president of his school’s mathematics club, another became the best
overall student in mathematics. It was like a dream come true when
we offered a full boarding scholarship to two of them who recently
completed their junior WAEC and others are working so hard to
benefit from this opportunity. We have since extended the ‘school’
from two to seven classrooms, five teachers, several volunteers.
And from the beginning, we promised that we would give those kids
the best education so they undertake excursion visits, have movie
days and many professionals come in from time to time to fire their
imaginations. But the most fulfilling for me is that our three
children love the idea and treat those NFI children, all of whose
names they know (I know only a few) like siblings.

For proper documentation, my wife was advised to register the
‘school’. It was at the point of registration that she was told
that if we were providing uniforms, bags, shoes, socks, stationary,
one meal a day and everything, we couldn’t register it as a school.
They said it had to be registered as an NGO. That was how the Not
Forgotten Initiative (NFI) came to be. There are currently 54
registered pupils but there are 83 more on the ‘Waiting List’
(those that could not be accommodated) and 17 ‘extension school’
students.

During the pandemic, it was impossible to transition to digital
learning, so my wife and children dropped off homework and relief
materials to their houses for the children and families. A young
lady named Mariam joined our evening tutorial programme for
secondary school students. Then the story emerged that her mother
was planning to give her away in marriage. After investigation, we
realised that the mother wanted to take advantage of an offer of
150,000 Naira from a suitor to marry her off. My wife spoke to the
mother, auntie and the brother in law, and they agreed to cancel
the marriage if NFI would cater for Mariam’s education. We gladly
accepted the deal. Another young lady, Nana Usman was brought to us
to be a cleaner because the family could no longer cater for her
education. We also accepted responsibility for her education. She
has just completed her junior WAEC as well.

But not all stories are pleasant. Very recently, two NFI pupils,
ages 8 and 5, witnessed the rape of their two-year-old sibling in
their home. We sought help from the good people of Cece-yara
foundation and all three kids are getting therapy and the culprit
is currently in police custody, because he was actually caught in
the act. The story of Amatala has resonated but there is still
trouble in her home. Her father, who had abandoned their mother
since last year, walked into NFI two weeks ago and asked to
withdraw his four children and take them to the village. We thought
by putting Haruna (whose father is late) in boarding school, the
man would relent but he is fighting back through the children
enrolled in NFI, including Amatala! Incodentally, part of the
programme include persuading difficult parents like him and
building a support system that can pressurise them into pursuing
the best interests of their children.

The NFI experience has been an exciting journey and hopefully,
one day I will tell the complete story. The aim is to help these
children and young adults to become the best they can possibly be
and break the cycle of poverty in heir families. My wife is a
chartered insurer (ACIIN) and a chartered accountant (with both
ICAN and ACCA). But she stopped her business to devote all her
attention to running the ‘school’. We started with a 6/6 feet
structure in December 2018. Then expanded the structure to 12/12
feet in March 2019. And built another in January this year. All
these structures are on a land whose owner we still don’t know and
from whom we never secured any permission in the first place. I
suspect that the owner is aware of what we are doing and is
probably watching.

It is interesting that we have become like foster parents to
these children whose parents are also to us almost like families.
To all of them, I am daddy and my wife, mummy. But we could not
have come this far without the support of very good people. Waziri
and Sandra Adio as well as Mustapha and ‘Sweetheart’ Onoyiveta have
been wonderful and so have been Mrs Sylvia Garuba (I will tell her
story one day) and Mrs Ibilola Essien. We appreciate the many
people who have supported us either in cash or in kind. To Mr Nduka
Obaigbena, Ms Jacqueline Farris, Father George Ehusani, Pastor
Tunde Olorunwunmi, Mrs Maryam Uwais, Mrs Mosunmola Jegede, Dr (Mrs)
Ngozi Azodoh, Mrs Yoyinsola Makanjuola, Mr Ferdinand Agu, Mr
Olawale Banmore, Pastor Martins, Mrs Funke Abegunde, Mrs Ebere
Ihedioha, Pastor Niyi Ajibola, Mrs Tinuke Kuti, Malam Musa Bello,
Ms Liz Ekpenyong, Mrs Chinwe Umeh-Ujobuona, Dr (Mrs) Rosemary
Nwokorie, Mr Mohammed Bello Adoke, SAN, Prof Mahmood Yakubu, Dr Iko
Ibanga, Mr Kayode Komolafe, Mrs Koyinsola Dickson, Mrs Maria
Uwalla, Mrs Tosin Dokpesi, Mr Ubile Lawson, Mrs Florence Egopija,
Mr Simon Kolawole, Mrs Toyosi Ahmadu, Mr Ola Awoniyi, Mrs Aisha
Coker, Mrs Obiageli Obianozie, Mr Bamidele Okunowo, Mrs Taiwo Ojo,
Pastor Dayo Kayode, Pastor (Mrs) Elsie Otegbade, Mr Ismaila Lawal,
Mr Bunmi Thomas and several others who support the project without
any solicitation from us, I say a very big thank you.

I am of the firm conviction that the issue of millions of
out-of-school children is something that should concern not only
the government but the larger society. Together, we can
collectively tackle this menace.

You can follow me on my Twitter handle, @Olusegunverdict and on
www.olusegunadeniyi.com

By Olusegun Adeniyi

Following the 5th December 2020 Imo North Senatorial by-election
to replace the late Benjamin Uwajumogu, the Independent National
Electoral Commission (INEC) declared victory in favour of the All
Progressives Congress (APC) without proclaiming a winner. This was
due to a multiplicity of cases by APC members claming to be the
party’s candidate and the various reliefs they were able to procure
from different courts. But in a recent petition signed by the
party’s acting National Chairman and governor of Yobe, Mai Mala
Buni, APC accused Supreme Court Justices Mohammed Dattijo, Abdu
Aboki and Helen Ogunwumiju of conspiring with the People’s
Democratic Party (PDP) to deliver the senate seat. This grave
allegation has already elicited a response from the apex court with
dire implications for the people of Imo North and democracy in
Nigeria.

Announcing the suspension of proceedings in the appeal by
Chukwuemeka Ibezim regarding his dispute with Ifeanyi Ararume,
Justice Mohammed Dattijo—who led a five-member panel of the apex
court—said APC has called to question his integrity and that of two
colleagues. “Let me confirm to all counsel in this matter that the
Interim National Chairman of APC had written a petition against me
and two other Justices of this court, namely Helen Ogunwumiju and
Abdu Aboki” said Dattijo. “They alleged that my humble self had led
my two brothers to attend a meeting with members of the PDP to
strategize on how to subvert the outcome of this case. I must say
that this is most unfortunate and my heart bleeds for this country.
This is a reckless and irresponsible statement. If they have
honour, let them substantiate their allegations and I will not stay
a day longer in this court. So, this matter is adjourned sine die,”
meaning indefinitely.

The problem began on 5th September last year when factions
emerged from the seven-man committee established by the APC to
conduct primaries for Imo North senatorial election. Chaired by
Senator Ajibola Bashiru with Samuel Ogbuku as Secretary, other
committee members included Jibrin Gada, Bello Kumo, Umar Gana,
Mohammed Saba and Godfrey Ejim. At the end of the exercise, two APC
senatorial candidates emerged. While Bashiru led the secretary and
two other members to declare Ibezim winner, the remaining three
committee members gave victory to Ifeanyi Ararume. The party
headquarters threw its weight behind Ibezim and submitted his name
to INEC. But several politicians, including those from parties that
ordinarily had no dog in the fight, went to court with all manner
of cases. That was how the judiciary became a pawn in the political
chess game.

In the Nigerian legal system, there is only ONE Federal High
Court. There is also only ONE Court of Appeal. That has not stopped
our politicians from instituting cases involving same parties at
different locations of the same court. On 6th November 2020, the
Federal High Court sitting in Owerri disqualified Ibezim and
declared Ararume the APC candidate in a case filed by Lady Uchenna
Ubah. This case proceeded to the Court of Appeal and Supreme Court
and both overturned the verdict which then left the coast clear for
Ibezim. But in a case filed by Tony Elebeke on 4th December 2020,
another Federal High Court sitting in Abuja disqualified Ibezim,
thus technically giving the ticket to Ararume 24 hours to the
election. This judgement was affirmed by the Court of Appeal
sitting in Abuja. However, we must remember that the Owerri panel
of the Court of Appeal (in the case filed against APC by Lady Ubah)
had earlier upheld the election of the same Ibezim. Were different
facts presented before the two panels? Similarly, the Supreme Court
that had earlier validated the election of Ibezim in the Ubah case
against APC disqualified him on this latter case thus effectively
giving the ticket to Ararume. Were different facts presented before
the Supreme Court too?

That of course was not the end of the court drama. On 8th March
2021, an interim order was sought at the FCT High Court to compel
INEC to recognize Chief Emmanuel Okewulonu, the PDP candidate,
winner of the election. This is forum shopping by another
politician who had actually filed a similar case at the Election
Petition Tribunal that is still pending. However, the Judge was
also clever. Apparently in a bid to buy time for the matter to be
decided either by the Supreme Court or the Election Tribunal, he
adjourned the case. On 18th March, 2021, without waiting for the
appeal pending at the Supreme Court, a Federal High Court sitting
in Abuja declared Ararume winner of the election. On the same day,
an Interim Injunction was obtained from the High Court of Imo
State, restraining INEC from recognizing Ararume as the candidate
for the election. Curiously, the case was filed by a member of the
All Progressives Grand Alliance (APGA). What is APGA’s interest in
APC internal issues? Obviously a case of hand of Esau, voice of
Jacob!

Interestingly, before the Imo North Senatorial contest became
enmeshed in litigation, the APC screening committee had
disqualified Ibezim and the decision was upheld by the party’s
appeal panel. Somehow, somehow as we say in Nigeria, it was the
name of this same disqualified aspirant that the party sent to INEC
as APC candidate. With that, the commission is helpless because by
design, our politicians have protected themselves, regardless of
how they circumvent their own internal processes. Section 31 of the
Electoral Act says that once a party submits the list of
candidates, INEC has no power to reject or disqualify “for any
reason whatsoever”.

As sordid as the foregoing may appear, nobody should imagine
this is only an APC problem. Internal democracy is alien to all our
political parties as can be glimpsed from a similar problem in
Cross River State involving the PDP. In a split decision of four to
three, the supreme court on 17th February dismissed the appeal
filed by Stephen Odey challenging the judgement of the Court of
Appeal which declared Agom Jarigbe the validly-nominated candidate
for Cross River Senatorial District. But the role played by the
judiciary was, to put it mildly, very suspicious. Why, for
instance, was Jarigbe’s case filed before the Federal High Court
sitting in Port Harcourt, rather than in Calabar, the capital of
Cross River State where the contentious PDP primary was held and
the venue of the by-election? Then there is a glaring abuse of
court processes by the use of interim exparte orders.

As its name implies, an ‘interim’ order is a temporary order but
has long become a potent tool in the hands of Nigerian politicians
to checkmate being denied justice or compel compliance with a ruse.
As absurd as it may sound, however, we should not blame Jarigbe. He
evidently won the primaries but the PDP panel gave victory to his
opponent, apparently to appease a powerful man in the state.
Jarigbe may therefore have reasoned that those behind his travail
were in control of the judicial arm in Calabar, including the
Federal High Court. So, at the end, what saved the day for him was
the curious judgement he got from Port Harcourt. In a dramatic
development on 17th December last year, just 24 hours after the
Clerk of the National Assembly had sworn-in Odey as a Senator, the
Court of Appeal sitting in Abuja declared Jarigbe the duly
nominated PDP candidate for the electon. And that has been affirmed
by the apex court. How do you run a country like that?

The challenge at hand is the absence of internal party
democracy. In fact, the most lucrative enterprise for party members
is to be saddled with the assignment of primaries in the states.
This explains why most election cases are those that challenge the
conduct/management of the nomination of candidates. Party primaries
are replete with manipulation of membership registers, total
disregard for their own constitutions and guidelines as well as
blatant corruption and imposition of candidates, especially by
governors.

That Nigerian politicians refuse to see the danger of subverting
democracy is very clear. Where they don’t resort to litigation,
they disrupt well organized elections by INEC, using thugs as it
happened in Ekiti State two weeke ago. What is sad about Ekiti is
not just that lives were lost but also that the constituency (Ekiti
East 1 State Constituency) is one of the smallest in Nigeria. It
covers half of just one local government with only five Wards, 39
polling units and 23,670 registered voters. If this trend continues
unchecked, one can only imagine what will happen during the
governorship election next year or in the 2023 general election
involving the entire country.

Meanwhile, INEC has been statutorily restrained by the provision
of Section 31(1) of the Electoral Act from exercising any
discretion on the candidates being sponsored by a party. This is to
ensure that INEC is apolitical. Fine. But the spurious court
verdicts don’t help the commission either. Sadly, the Supreme Court
which ordinarily has the duty to hammer against judicial rascality
in lower courts has been dragged into the mess by its own internal
contradictions. We now have a situation where people who come
fourth in elections are able to become governors by the benevolence
of judicial officers. Or as it is the case with Imo North
Senatorial District, thousands of people will turn out to vote yet
four months after, they would have no representation at the
National Assembly. It is getting to a point in which Nigerians will
begin to ask themselves, why bother to vote?

In the course of interrogating this same vexatious issue last
year, I made allusion to why democracy, according to Ross Feingold,
is considered the most legitimate form of government, essentially
because the power of choice rests with the people. “But when this
power dynamic is altered and citizens lose their influence, the
legitimacy of the system is threatened.” In a situation where
politicians no longer campaign but rely on the court to get to
power, that is no longer democracy. Both the National Judicial
Commission (NJC) and the Nigerian Bar Association (NBA) as well as
other critical stakeholders should work together to save our
judiciary from this shameful conduct. To file frivolous cases,
lawyers after filthy lucre will breach civil procedural demands and
get such cases assigned to and heard by their accomplices on the
bench. While we must put an end to such unholy alliances, there is
also an urgent need to bring post-party primaries litigations under
the electoral law. This will eliminate forum shopping and also deal
with the issue of proliferation of orders and judgments emanating
from different courts of coordinate jurisdiction.

While political parties must wean themselves of bad behaviour in
the conduct of their primaries to nominate candidates for
elections, both the Constitution and the Electoral Act require
amendment. We cannot continue with a situation in which Judges veto
the choices of the electorate on the basis of technicalities such
as how names are written on certificates. If this democracy is to
survive, it is imperative that the judiciary as an institution and
judges as individuals are not only impartial to those who appear
before them but also that the wider public have the confidence that
cases affecting their well-being will be decided fairly and in
accordance with the law.

As a cornerstone of democracy, any judiciary that doesn’t serve
constitutional goals is a problem for the society. It’s worse when
Judges are perceived as not acting fairly, reasonably, and in
preservation of public trust in the rule of law. That sadly is the
state we are in Nigeria today and it calls for a lot of soul
searching by judicial officers. Proliferation of court cases with
similar cause of action at different locations of courts of
coordinate jurisdiction indicates forum shopping and may point to
the fact that justice is now cash and carry. This can only
encourage jungle justice. However, the greater responsibility lies
with the political class. Which is why the APC, as the ruling
party, should be restrained in making claims it cannot substantiate
against judicial officers at the apex court. In their own
enlightened interest, they must begin to accord the judiciary the
respect and dignity necessary for judges to do their work without
being dragged into partisan politics or having their reputation
sullied.

Amatala
and Other ‘Unforgotten’ Children^[1]

Despite protestation from my friend, Waziri Adio who has been
her greatest supporter and encourager right from the beginning, I
had warned my wife when this whole idea started three years ago
that on no account should it get to the media. I promised financial
support and when necessary rally close friends but it should always
be our own way of giving back to the society in a quiet way. When
Ms Tolu Salami, a Masters degree holder and job seeker, joined to
assist in managing the ‘school’, I should have seen a red flag with
the opening of a Twitter account. But with a followership of just
75 comprising family and friends, I never thought much of it. Then
the photograph of Amatala, a two-year old who was in the habit of
loitering around the ‘school’ premises with book in hand, changed
everything!

Within a few hours, the Twitter account had attracted more than
a thousand followers with many people asking how they could support
the initiative. When Waziri told me he was going to blow my cover
about the project as a follow up to the tweet, I really couldn’t
care anymore. But I have so many people to thank for the way my
wife is gradually transforming the lives of 54 children, 17 young
adults and their parents through an informal project she was
compelled to register and now goes by the name Not Forgotten
Initiative (NFI).

It’s a long story but let me share the key points. There were
many ramshackle shanties around our house in Asokoro with
inhabitants whose children were just roaming the area. On a
particular day in 2018, a pregnant woman flagged down my wife as
she drove past, asking for help. Her husband had asked her to move
her things from their abode and she needed someone to intervene.
Upon investigation, the conflict stemmed from her refusal to give
him the N5,000 she had saved from her petty trading to send Haruna,
her first son whose father is late, to school. She was looking to
get the savings to N15,000 to register the boy in school and here
she was, about to be kicked out of her matrimonial home.

When my wife discussed the matter with me, she followed up with
a proposition: Why don’t we take up Haruna’s education? I agreed
instantly. Then she added, ‘What about the other kids? We need to
do something about them as well.’ She told me she had discussed
with parents and they expressed willingness to have their children
(14 at the time) in school but had no money. I told her to go ahead
with whatever she planned, promising to provide the financial
resources. I know I have good friends I can always count on.

My wife took my word as a license to construct two classrooms in
a make-shift structure on an empty land within the area. But the
moment the 14 pupils were enrolled and one teacher employed, we had
many children showing up, looking all scruffy and tattered. And we
could not turn them back. We hired two more teacers. Just as I was
getting worried by the financial implications as the number of
pupils kept increasing, my friend, Folorunsho (Foli) Coker, added a
new idea. Following his appointment as Director General of Nigerian
Tourism Development Corporation (NTDC), Coker arrived Abuja in 2017
to take accommodation beside the ‘school’. He fell in love with the
children and inquired about people behind the idea. When he got to
know I was involved, Foli called me to suggest, “Segun, your wife
has to go beyond teaching those children. They deserve at least one
meal a day. I will support you.” That was how meal became part of
the project.

We soon introduced the ‘extension school’ with the sole purpose
of providing after school support to struggling students from
government owned secondary schools, particularly in Mathematics,
English and basic science. We also serve them lunch and the number
grew from the initial eight to 17. One of them emerged the
president of his school’s mathematics club, another became the best
overall student in mathematics. It was like a dream come true when
we offered a full boarding scholarship to two of them who recently
completed their junior WAEC and others are working so hard to
benefit from this opportunity. We have since extended the ‘school’
from two to seven classrooms, five teachers, several volunteers.
And from the beginning, we promised that we would give those kids
the best education so they undertake excursion visits, have movie
days and many professionals come in from time to time to fire their
imaginations. But the most fulfilling for me is that our three
children love the idea and treat those NFI children, all of whose
names they know (I know only a few) like siblings.

For proper documentation, my wife was advised to register the
‘school’. It was at the point of registration that she was told
that if we were providing uniforms, bags, shoes, socks, stationary,
one meal a day and everything, we couldn’t register it as a school.
They said it had to be registered as an NGO. That was how the Not
Forgotten Initiative (NFI) came to be. There are currently 54
registered pupils but there are 83 more on the ‘Waiting List’
(those that could not be accommodated) and 17 ‘extension school’
students.

During the pandemic, it was impossible to transition to digital
learning, so my wife and children dropped off homework and relief
materials to their houses for the children and families. A young
lady named Mariam joined our evening tutorial programme for
secondary school students. Then the story emerged that her mother
was planning to give her away in marriage. After investigation, we
realised that the mother wanted to take advantage of an offer of
150,000 Naira from a suitor to marry her off. My wife spoke to the
mother, auntie and the brother in law, and they agreed to cancel
the marriage if NFI would cater for Mariam’s education. We gladly
accepted the deal. Another young lady, Nana Usman was brought to us
to be a cleaner because the family could no longer cater for her
education. We also accepted responsibility for her education. She
has just completed her junior WAEC as well.

But not all stories are pleasant. Very recently, two NFI pupils,
ages 8 and 5, witnessed the rape of their two-year-old sibling in
their home. We sought help from the good people of Cece-yara
foundation and all three kids are getting therapy and the culprit
is currently in police custody, because he was actually caught in
the act. The story of Amatala has resonated but there is still
trouble in her home. Her father, who had abandoned their mother
since last year, walked into NFI two weeks ago and asked to
withdraw his four children and take them to the village. We thought
by putting Haruna (whose father is late) in boarding school, the
man would relent but he is fighting back through the children
enrolled in NFI, including Amatala! Incodentally, part of the
programme include persuading difficult parents like him and
building a support system that can pressurise them into pursuing
the best interests of their children.

The NFI experience has been an exciting journey and hopefully,
one day I will tell the complete story. The aim is to help these
children and young adults to become the best they can possibly be
and break the cycle of poverty in heir families. My wife is a
chartered insurer (ACIIN) and a chartered accountant (with both
ICAN and ACCA). But she stopped her business to devote all her
attention to running the ‘school’. We started with a 6/6 feet
structure in December 2018. Then expanded the structure to 12/12
feet in March 2019. And built another in January this year. All
these structures are on a land whose owner we still don’t know and
from whom we never secured any permission in the first place. I
suspect that the owner is aware of what we are doing and is
probably watching.

It is interesting that we have become like foster parents to
these children whose parents are also to us almost like families.
To all of them, I am daddy and my wife, mummy. But we could not
have come this far without the support of very good people. Waziri
and Sandra Adio as well as Mustapha and ‘Sweetheart’ Onoyiveta have
been wonderful and so have been Mrs Sylvia Garuba (I will tell her
story one day) and Mrs Ibilola Essien. We appreciate the many
people who have supported us either in cash or in kind. To Mr Nduka
Obaigbena, Ms Jacqueline Farris, Father George Ehusani, Pastor
Tunde Olorunwunmi, Mrs Maryam Uwais, Mrs Mosunmola Jegede, Dr (Mrs)
Ngozi Azodoh, Mrs Yoyinsola Makanjuola, Mr Ferdinand Agu, Mr
Olawale Banmore, Pastor Martins, Mrs Funke Abegunde, Mrs Ebere
Ihedioha, Pastor Niyi Ajibola, Mrs Tinuke Kuti, Malam Musa Bello,
Ms Liz Ekpenyong, Mrs Chinwe Umeh-Ujobuona, Dr (Mrs) Rosemary
Nwokorie, Mr Mohammed Bello Adoke, SAN, Prof Mahmood Yakubu, Dr Iko
Ibanga, Mr Kayode Komolafe, Mrs Koyinsola Dickson, Mrs Maria
Uwalla, Mrs Tosin Dokpesi, Mr Ubile Lawson, Mrs Florence Egopija,
Mr Simon Kolawole, Mrs Toyosi Ahmadu, Mr Ola Awoniyi, Mrs Aisha
Coker, Mrs Obiageli Obianozie, Mr Bamidele Okunowo, Mrs Taiwo Ojo,
Pastor Dayo Kayode, Pastor (Mrs) Elsie Otegbade, Mr Ismaila Lawal,
Mr Bunmi Thomas and several others who support the project without
any solicitation from us, I say a very big thank you.

I am of the firm conviction that the issue of millions of
out-of-school children is something that should concern not only
the government but the larger society. Together, we can
collectively tackle this menace.

You can follow me on my Twitter handle, @Olusegunverdict and on
www.olusegunadeniyi.com