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Twenty-nine children could be facing the death penalty in Nigeria after they were arraigned Friday for participating in a protest against the country’s record cost-of-living crisis. Four of them collapsed in court due to exhaustion before they could enter a plea.

A total of 76 protesters were charged with 10 felony counts, including treason, destruction of property, public disturbance and mutiny, according to the charge sheet seen by The Associated Press.

According to the charge sheet, the minors ranged in age from 14 to 17 years old.

Frustration over the cost-of-living crisis has led to several mass protests in recent months. In August, at least 20 people were shot dead and hundreds more were arrested at a protest demanding better opportunities and jobs for young people.

The death sentence was introduced in the 1970s in Nigeria, but there have been no executions in the country since 2016.

Akintayo Balogun, a private lawyer based in Abuja, said the Child Rights Act does not allow any child to be subject to criminal proceedings and sentenced to death.

“So taking minors before a federal high court is wrong, ab initio, except if the government is able to prove that the boys are all above 19 years,” Balogun said.

The court eventually granted 10 million naira ($5,900) bail to each the defendants and imposed stringent conditions they are yet to meet, Marshal Abubakar, counsel to some of the boys, said.

“A country that has a duty to educate its children will decide to punish those children. These children have been in detention for 90 days without food,” Abubakar said.

Yemi Adamolekun, executive director of Enough is Enough, a civil society organization promoting good governance in Nigeria, said authorities have no business prosecuting children.

“The chief justice of Nigeria should be ashamed, she is a woman and a mother,” Adamolekun said.

Despite being one of the top crude oil producers in Africa, Nigeria remains one of the world’s poorest countries. Chronic corruption means the lifestyle of its public officials rarely mirrors that of the general population. Medical professionals often strike to protest meager wages.

The country’s politicians and lawmakers, often accused of corruption, are some of the best-paid in Africa. Even the president’s wife — her office nowhere in the constitution — is entitled to SUVs and other luxuries funded by taxpayers.

Nigeria’s population of over 210 million people — the continent’s largest — is also among the hungriest in the world and its government has struggled to create jobs. The inflation rate is also at 28-year high and the local naira currency at record lows against the dollar.

On Thursday, Nigeria was classified as a “hotspot of very high concern,” in a report from United Nations’ food agencies, as large numbers of people are facing or are projected to face critical levels of acute food insecurity in the West African country.

 

CNN

The Northern Elders Forum (NEF) and other advocacy groups have condemned the President Bola Tinubu government for detaining minors who protested against hunger and poor governance.

They described their detention as a violation of constitutional rights and an affront to international human rights standards.

The detained minors, held for over three months without trial, reportedly endured harsh conditions while detained for participating in protests.

While reacting to the situation in a chat with The Guardian, the spokesperson for NEF, Abdul-Azeez Suleiman, said that the federal government’s actions amounted to “shameful and unacceptable impunity.”

Suleiman criticised the arbitrary detention and treason charges against these children, calling it “A grotesque abuse of power and a blatant disregard for fundamental rights.”

He emphasised that treason, by definition, requires intent and understanding that children simply lack, making the charges both “legally dubious and morally reprehensible.”

Suleiman also highlighted the silence of northern state governors and regional leaders, describing it as tacit approval of the federal government’s actions.

He argued that their failure to speak out has contributed to a climate of powerlessness among affected communities and called for the immediate release of all detained minors.

He said: “The detaining and accusing of mostly Northern Nigerian minors for treason amounts to shameful and unacceptable impunity by the federal government.

“This trend is a stark indictment of the state of justice and human rights in the country, where the arbitrary arrest, prolonged detention without due process, and arraignment on charges of treason represent a blatant disregard for the fundamental rights of children.”

Suleiman urged a multi-pronged approach to address this issue, including an impartial investigation into the circumstances of the arrests and a thorough review of treason laws, particularly as they apply to minors.

The Coalition of Northern Groups (CNG) has echoed Suleiman’s condemnation.

CNG’s National Coordinator, Jamilu Aliyu Charanchi, in a statement, emphasised that the detained minors were merely exercising their rights to free expression and assembly, both protected by the Nigerian Constitution.

Charanchi labelled the detentions a ‘gross violation’ of human rights, urging leaders to prioritise citizens’ welfare over punitive measures. “This incident reveals both desperation and indifference to the wellbeing of Nigeria’s most vulnerable citizens, exposing the country to international criticism.”

Charanchi criticised the government’s approach to governance, arguing that rather than fostering constructive dialogue, it has resorted to suppressing young voices.

He pointed out that while power outages, inflation, and soaring fuel prices have worsened quality of life for Nigerians, the government has chosen to clamp down on youth advocacy.

Charanchi asserted that this tactic not only reveals a failure in leadership but also fosters public disillusionment and distrust.

CNG’s demands include immediate release of the detained minors and intervention from civil society and humanitarian organisations to prevent further deterioration of the children’s health.

They assert that hunger and deprivation, used as punitive measures against the youth, reflect a deeper failure in leadership. Charanchi drew a pointed comparison between the detained minors and more serious offenders who, he suggested, face less scrutiny, arguing that the treatment of the minors undercuts faith in governance and highlights a broken system.

Also speaking to The Guardian, President of the Rebuild Arewa Initiative for Development Balarabe Rufai said, “Nigeria’s laws seem to apply only to the downtrodden. This is a national embarrassment and shows a lack of sensitivity on the part of the government to the struggles of its citizens.”

He called for a thorough investigation, saying, “We cannot allow these actions to continue unchallenged. Nigeria must be a leader among black nations, not a place where children are unjustly treated and deprived.”

Rufai called on Nigerians to push collectively for better governance and an end to practices that silence the country’s youth, saying, “This is not just a violation of rights; it is a national crisis that must be addressed for the sake of future generations.”

The combined outcry from NEF, CNG, and other civil society advocates paints a stark picture of the challenges facing Nigeria.

They called for the government’s commitment to human rights, emphasising the need for leadership that supports rather than silences youth voices.

As Nigeria grapples with economic and social challenges, these groups urge the government to prioritise constructive engagement, uphold democratic values, and foster hope among young Nigerians.

 

The Guardian

Nigeria faces one of its worst hunger crises with more than 30 million people expected to be food insecure next year, a one third jump from this year due to economic hardship, a joint report by the government and United Nations said on Friday.

Nigeria, Africa's most populous nation, is grappling with a cost of living crisis that led to deadly protests in August.

Economic hardship has worsened after President Bola Tinubu started austerity reforms, including devaluing the naira and ending a decades-old petrol subsidy, fuelling inflation.

The analysis, conducted twice a year in 26 states and the federal capital, projected that 33.1 million people would be food insecure by August next year. That compares with 24.8 million by end of this year.

"Several factors are driving this trend, but most prominently are economic hardship coupled with record high inflation, a record rise in food prices and record high transportation costs," a statement accompanying the report said.

Chi Lael, World Food Programme spokesperson in Nigeria told Reuters that "economic decisions to strengthen the country in the long term, in the short term have felt like a direct attack on people's wallets, hitting hardest every time they try to buy food."

Finance Minister Wale Edun said on Thursday 5 million households had so far received cash handouts of 25,000 naira ($15.45), as part of the government's programme to help the most vulnerable families.

High food prices have contributed the most to inflation, which advanced to 32.70% in annual terms in September from 32.15% in August.

Flooding and insecurity in northern states continued to hit agriculture, further driving up food prices beyond the reach of many families.

Last month's floods destroyed an estimated 1.6 million hectares of crops, mainly in the northern food basket states, potentially causing production losses of a combined 1.1 million tonnes for maize, sorghum and rice, the joint statement said.

That is enough to meet the daily food needs of about 13 million people for a year.

In financial terms, the potential cereal crop losses amount to almost $1 billion in economic losses, the statement added.

($1 = 1,618.2600 naira)

 

Reuters

The Dangote Petroleum Refinery says any oil marketer that sells petrol cheaper than the price it offers is importing substandard products.

In a statement on Sunday, the refinery countered claims by some oil marketers that the cost of the product is higher than that of the imported petrol.

On November 1, the Independent Petroleum Marketers Association of Nigeria (IPMAN) said petrol — also known as premium motor spirit (PMS) — from the refinery was more expensive than buying from other sources.

Yakubu Suleiman, national assistant secretary of IPMAN, speaking on Arise Television’s Morning Show programme, said the group’s members go for more affordable options at other depots across Nigeria than the high logistical costs associated with buying petrol from the Dangote refinery.

Therefore, the oil marketers vowed to import the commodity and sell it below the Dangote refinery price as well as the price being sold by the Nigerian National Petroleum Company (NNPC) Limited.

Responding to these claims, the refinery said its ex-depot price of petrol is N990 per litre for trucks and N960 per litre for ships.

The firm said that the prices are benchmarked against the international prices and the amount the NNPC sold to local marketers.

“We had lately refrained from engaging in media fights but we are constrained to respond to the recent misinformation being circulated by IPMAN, PETROAN, and other associations,” the statement reads.

“Both organisations claim that they can import PMS at lower prices than what is being sold by the Dangote Refinery. We benchmark our prices against international prices and we believe our prices are competitive relative to the price of imports.

“If anyone claims they can land PMS at a price cheaper than what we are selling, then they are importing substandard products and conniving with international traders to dump low quality products into the country, without concern for the health of Nigerians or the longevity of their vehicles.

“Unfortunately, the regulator (NMDPRA) does not even have laboratory facilities which can be used to detect substandard products when imported into the country.”

‘INTERNATIONAL TRADING COMPANY TO BLEND SUBSTANDARD PRODUCTS IN NIGERIA’

The refinery also alleged that an international trading company is planning to blend substandard products close to its plant.

“…an international trading company has recently hired a depot facility next to the Dangote Refinery, with the objective of using it to blend substandard products that will be dumped into the market to compete with Dangote Refinery’s higher quality production,” the company said.

“This is detrimental to the growth of domestic refining in Nigeria. We should point out that it is not unusual for countries to protect their domestic industries in order to provide jobs and grow the economy.

“For example, the US and Europe have had to impose high tariffs on EVs and microchips in order to protect their domestic industries.”

The company said it is committed to providing affordable, good-quality, domestically refined petroleum products for Nigerians.

The refinery called on the public to ignore “deliberate disinformation being spread by those who favour Nigeria continuing to export jobs and import poverty”.

 

The Cable

Ten Deposit Money Banks raked in N4.20tn in the first nine months of this year, an analysis of their quarterly financial reports has indicated.

The banks listed on the Nigerian Exchange Limited saw their profit for the period climb by 102.81 per cent to N4.20tn from N2.07tn recorded at the end of the third quarter in 2023.

The financial institutions include Tier-1 banks: Zenith Bank, Guaranty Trust Holding Company, AccessCorp, United Bank for Africa and FBN Holdings. Others are Stanbic IBTC Holdings, Sterling Bank, Ecobank, Wema Bank and Jaiz Bank.

This surge in the profits of the banks is coming amid high interest rate

The Central Bank of Nigeria has consistently increased the benchmark interest rate at each of its five Monetary Policy Meetings held this year.

Thus far, the CBN has increased the rate from 18.75 per cent at the start of the year to 27.25 per cent purportedly to rein in inflation and strengthen the devalued naira. Also, record yields on fixed-income securities, mainly taken up by banks, have contributed to the bottom line of the banks.

The lenders that released their financial statements for the period ended September to the NGX showed that interest income was a major driver of the surge in profits.

Over the past two weeks, the country’s four largest banks by market value — GTCO, Zenith Bank, UBA and FBN Holdings, all reported that net interest income had more than doubled. In the case of Access Bank which is the largest bank by assets, net interest income rose by 116.65 per cent to N844.84bn from N389.96bn as of last year.

Of the 10 lenders reviewed, GTCO reported the highest amount of profit at N1.09tn, which is about a 195 per cent increase from its September 2023 figure.

GTCO was followed by Zenith Bank with a profit after tax of N827.28bn, almost double the N434.17bn made in the previous year.

FBNHoldings also saw its profit rise to N533.88bn from N236.42bn. UBA’s profit hit N525.31bn; Ecobank reported a profit after tax worth N491.88bn; and Access Bank came with a N457.75bn profit.

Similarly, Stanbic IBTC Holdings reported N182.87bn from N109.249bn; Sterling Financial Holding Company and Wema Bank recorded double and triple profits of N27.45bn and N52.73bn, respectively. A non-interest bank, Jaiz Bank indicated that its profit after tax jumped by 182.39 per cent to N18.11bn from N6.41bn.

While the banks reap the benefits of a high-interest rate environment, the Organised Private Sector is lamenting the effect of the sustained hike on their activities.

After the MPC announced the fifth rate hike for the year, members of the Organised Private Sector expressed fears that the interest rate hike may worsen bad loans in Deposit Money Banks.

The National President of the Association of Small Business Owners of Nigeria, Femi Egbesola, said it was unfortunate that the increase was coming again when manufacturers and actors in the real sector were still grappling with the high cost of doing business among many other challenges.

He said, “This will definitely push up further the cost of doing business and ultimately, the cost of goods and services. The manufacturing sector may contract more as fund liquidity and profitability will surely reduce.

“The banks or financial institutions may witness more bad debts as many lenders may find it difficult to live up to their loan obligations. This will result in banks being averse to lending to the real sector.”

The Lagos Chamber of Commerce and Industry had earlier voiced similar concerns.

The LCCI urged the government and the CBN to consider a more balanced approach to monetary policy, saying while controlling inflation is crucial, mitigating adverse effects on business operations and economic growth is imperative.

The chamber then suggested that the government release more capital expenditure to reflate business activities and support the contribution to economic growth.

 

Punch

Israel says it carried out ground raid into Syria, seizing a Syrian citizen connected to Iran

The Israeli military said Sunday it has carried out a ground raid into Syria, seizing a Syrian citizen involved in Iranian networks. It was the first time in the current war that Israel announced its troops operated in Syrian territory.

Israel has carried out airstrikes in Syria multiple times over the past year, targeting members of Lebanon’s Hezbollah and officials from Iran, the close ally of both Hezbollah and Syria. But it has not previously made public any ground forays into Syria.

The Israeli military said the seizure was part of a special operation “that took place in recent months,” though it did not say exactly when it occurred. Syria did not immediately confirm the announcement, but a pro-government Syrian radio station, Sham FM, reported Sunday that Israeli forces carried out a “kidnapping operation” over the summer targeting a man in the south of the country.

Israel has waged an escalating campaign of bombardment in Lebanon for the past six weeks, as well as a ground invasion along the countries’ shared border, vowing to cripple Hezbollah. On Saturday, an Israeli military official said naval forces carried out a raid in a northern Lebanese town, seizing a man they called a senior Hezbollah operative.

The army identified the man as Ali Soleiman al-Assi, saying he lives in the southern Syrian region of Saida. It said the man had been under military surveillance for many months and was involved in Iranian initiatives targeting areas of the Israeli-annexed Golan Heights near the border with Syria.

Body camera video of the raid released by the army showed soldiers seizing a man in a white tank top inside a building. The man was brought to Israel for interrogation, the military said.

Israeli Prime Minister Benjamin Netanyahu visited the border with Lebanon on Sunday, saying his focus was trying to keep Hezbollah from rearming itself through the “oxygen lifeline” of Iranian weapons transferred to Lebanon via Syria. Israel says its campaign in Lebanon aims to push Hezbollah away from the border and put an end to more than a year of fire by the group into northern Israel.

Israel’s strikes in Lebanon have killed more than 2,500 people over the past year. In Israel, 69 people have been killed by Hezbollah projectiles.

On the U.S. presidential campaign trail this weekend, Vice President Kamala Harris acknowledged progressives and members of the state’s significant population of Arab Americans who are angry at the Biden administration for its continuation of the U.S. alliance with Israel as the Netanyahu government presses its war against Hamas in Gaza.

“I have been very clear that the level of death of innocent Palestinians is unconscionable,” Harris told reporters.

In East Lansing, Michigan, she addressed the issue soon after beginning her remarks. “As president I will do everything in my power to end the war in Gaza, to bring home the hostages, end the suffering in Gaza, ensure Israel is secure and ensure the Palestinian people can realize their right to freedom, dignity and self-determination,” she said.

Some students in East Lansing voiced their opposition Sunday with audible calls for a cease-fire in the Israel-Hamas war. At least one attendee was escorted out after the cease-fire calls.

Meanwhile, Israeli forces continued an offensive in the northern Gaza Strip, where the military has said it is battling Hamas fighters who regrouped there.

Shell fire hit Kamal Adwan Hospital in northern Gaza, injuring patients, including children, hospital director Hossam Abu Safiya said in a statement to the media. He said the shells hit the hospital’s nursery, dormitory and water tanks just after a delegation from the World Health Organization ended a visit.

Kamal Adwan and two other nearby hospitals have been hit by Israel several times during the fighting. Earlier this month, Israeli troops stormed Kamal Adwan, detaining a large number of people, including much of the staff, Abu Safiya said at the time of the raid. The military said those detained included members of Hamas, without providing evidence, and said weapons were found in the facility.

But the Israel Defense Forces in a statement denied striking Kamal Adwan on Sunday, blaming “an explosive device planted by the terrorist organizations in Gaza” for the attack.

“Attacks on civilians, including humanitarian workers, and what remains of Gaza’s civilian facilities and infrastructure must stop,” UNICEF Executive Director Catherine Russell said in a statement Saturday. “The entire Palestinian population in North Gaza, especially children, is at imminent risk of dying from disease, famine, and the ongoing bombardments.”

In southern Gaza, an Israeli strike hit a group of people gathered outside in an eastern district of Khan Younis, killing at least eight Palestinians, including four children and a woman, the territory’s Health Ministry’s emergency services said. The city’s Nasser Hospital, which received most of the bodies, confirmed the figures.

Palestinian officials said an Israeli drone strike on Saturday hit a clinic in northern Gaza where children were being vaccinated for polio, wounding six people including four children. The Israeli military denied responsibility.

Munir al-Boursh, director general of the Gaza Health Ministry, told The Associated Press that a quadcopter struck the Sheikh Radwan clinic in Gaza City early Saturday afternoon, just a few minutes after a United Nations delegation left the facility.

UNICEF and WHO, which are jointly carrying out the polio vaccination campaign, expressed concern over the reported strike. Rosalia Bollen, a spokesperson for UNICEF, said the strike occurred when a “humanitarian pause” agreed to by Israel to allow vaccinations was in effect.

Nadav Shoshani, an Israeli military spokesperson, said that “contrary to the claims, an initial review determined that the (Israeli military) did not strike in the area at the specified time.”

It was not possible to resolve the conflicting accounts. Israeli forces have repeatedly raided hospitals in Gaza over the course of the war, saying Hamas uses them for militant purposes, allegations denied by Palestinian health officials. Hamas fighters are also operating in the north, battling Israeli forces.

Northern Gaza has been encircled by Israeli forcesand largely isolated for the past year. Israel has been carrying out another offensive there in recent weeks that has killed hundreds of people and displaced tens of thousands.

A scaled-down campaign to administer a second dose of the polio vaccine began Saturday in parts of northern Gaza. It had been postponed from Oct. 23 due to lack of access, Israeli bombings and mass evacuation orders, and the lack of assurances for humanitarian pauses, a U.N. statement said.

Administration of the first doses was carried out in September across the Gaza Strip, including the north.

At least 100,000 people have been forced to evacuate from areas of north Gaza toward Gaza City in the past few weeks, but around 15,000 children under the age of 10 remain in northern towns, including Jabaliya, Beit Lahiya and Beit Hanoun, which are inaccessible, according to the U.N.

The final phase of the polio vaccination campaign had aimed to reach an estimated 119,000 children in the north with a second dose of the oral polio vaccine, the agencies said, but “achieving this target is now unlikely due to access constraints.”

They say 90% of children in every community must be vaccinated to prevent the spread of the disease.

The campaign was launched after the first polio casewas reported in Gaza in 25 years — a 10-month-old boy, now paralyzed in the leg. The World Health Organization said the presence of a paralysis case indicates there could be hundreds more who have been infected but aren’t showing symptoms.

The war began on Oct. 7, 2023, when Hamas-led militants stormed into southern Israel, killing some 1,200 people, mostly civilians, and abducting another 250. Israel’s offensive has killed over 43,000 Palestinians, according to Gaza health authorities, who do not say how many were combatants but say more than half were women and children.

 

AP

WESTERN PERSPECTIVE

Russian drone attack on Kyiv damages buildings, power lines, Ukraine says

A Russian air attack on Kyiv damaged buildings, roads and several power lines in the city, the capital's military administration said early on Sunday, after the military said air defences were trying to repel a drone attack.

There were no injuries in the attack, which came in waves and approached the city from different directions, Serhiy Popko, the head of the Kyiv military administration, said on the Telegram messaging app.

Popko said there was no fire, amending the administration's earlier account that emergency crews had been dispatched to the site of a fire in the Shevchenkivskyi district that it said had been caused by the attack.

It was Russia's second drone attack on Kyiv in as many nights. According to preliminary information, all of the attack drones were destroyed, Popko added. It was not immediately clear how many drones were launched at Kyiv.

Falling drone debris damaged an entrance and windows of at least five buildings in the Shevchenkivskyi and Holosiivskyi districts, including a hostel and windows in an office building, Popko said.

The military posted several photos on Telegram showing a blown-out entrance to a building, damaged windows in another and power lines lying on the road.

Reuters witnesses reported hearing blasts and seeing plumes of smoke rising from above residential buildings.

Shevchenkivskyi district near Kyiv's centre is a busy area with a cluster of universities, restaurants and tourist attractions. Holosiivskyi district is home to a large national park. Both districts lie on the western bank of the Dnipro River.

Kyiv, its surrounding region and the vast majority of the eastern half of Ukraine were intermittently under air raid alerts for most of the night, according to alerts issued on social media by the Ukrainian military.

** Russian forces capture new village in Donetsk region, Ukraine acknowledges fighting

Russia's military said on Sunday that its forces had taken control of the village of Vyshneve in Ukraine's eastern Donetsk region as they pursue their advance toward the logistical centre of Pokrovsk.

Ukraine's General Staff made no mention of the village falling into Russian hands, but reported fighting in the vicinity.

Popular Ukrainian war blog DeepState acknowledged the loss of Vyshneve and said Russian forces were moving on an adjacent village.

Ukraine's General Staff, in an afternoon report on Facebook, said Russian forces had launched 19 attacks on the Pokrovsk sector of the 1,000-km (600-mile) front line in eastern Ukraine.

"In containing the pressure, the defence forces repelled enemy attacks," it said. "The occupying forces are focusing their efforts on the villages of Promin and Vyshneve."

DeepState said Russian forces were "becoming active near Hryhorivka," a village west of Vyshneve on the way to Pokrovsk.

"They are trying, with infantry, to advance in forested areas along a rail line and they wanted to move into the village and gain a foothold," it said. "Fortunately, this attempt was unsuccessful."

Vyshneve is near Selydove, a major town whose capture was announced by the Russian military last week. On Saturday, the Russian defence ministry said it had captured two other villages on the eastern front.

Russian forces have focused on taking over all the Donbas - made up of Donetsk and Luhansk regions - after making an initial unsuccessful push on the capital Kyiv in the days after their February 2022 invasion of Ukraine.

In September, Russian forces advanced at their fastest rate since March 2022, according to open source data, despite Ukraine seizing a part of Russia's southern Kursk region.

 

RUSSIAN PERSPECTIVE

Southern sector of Ukrainian defense in DPR close to collapse — The Guardian

Russian units have been advancing at the fastest rate since the beginning of 2022 with the southern sector of the Ukrainian frontline about to crumble, the Guardian said.

According to the newspaper, in October, Russian forces liberated over 500 square kilometers, mostly in the Donetsk People’s Republic (DPR). It noted that Russian troops also took over about 40 square kilometers in the Kupyansk area.

Kupiansk military-civilian mayor Andrey Besedin described the situation as "critical" and said that approximately 1,400 people were refusing to evacuate from their homes, awaiting the arrival of Russian troops. The newspaper emphasized that since the beginning of October, the situation in Kupyansk has become dramatically worse for Ukrainian forces. Ukrainian servicemen told the Guardian that Russian forces outnumber them in artillery, military hardware and personnel.

 

Reuters/Tass

Monday, 04 November 2024 03:45

Kudisprudence - Chidi Anselm Odinkalu

The partiality that inevitably affects judges has been noted in cases with a political flavour.” – David Pannick, KC, Judges, p. 44 (1987)

The state as we know it enjoys three notional monopolies. One is a monopoly of legitimate taxation. The second is a monopoly of the legitimate instrumentality of violence; and the third is a monopoly of legitimate dispute resolution. In Nigeria, all three monopolies are now contested by non-state entities.

Of these three monopolies, many focus on the legitimate instrumentality of violence but it is the capacity of a state to resolve disputes lawfully and peacefully among those who live in it that makes the other two monopolies worthwhile. That is why courts, administrative and even traditional institutions exist.

David Pannick, KC reminds us that “as part of the function of deciding disputes, the courts provide a public service, at almost no charge to customers (who pay for their lawyers but not for the judge and the courtroom).” This is the ideal. Nigeria’s judicial system is in a profound crisis of legitimacy today because of ample evidence suggesting strongly that the requirement that litigants should not pay for the judge or the courtroom may not apply to certain categories, especially among political litigants. 

To be clear, the most important reasons for which people sometimes end up in court often are not things to which it is possible to assign any value – dignity, equity, justice, memory, safety or human life. These are all invaluable. Without them, organised society fails. Jurisprudence is the system for organising knowledge about judicial decisions that ultimately deliver and govern these invaluable public goods.

However, judicial business is not confined to these. Many disputes that end up in court involve property or things of material value, such as land, inheritance, shares, stocks, or chattels. Some others may extend to intangibles of value, such as status or reputation. There could also be cases concerning access to political power from which perch the people involved hope to reap benefits that are material in consequence. 

These are all things for which the currency of transaction or exchange is money. In Nigerian parlance, that is called “Kudi”. When a court system prioritises disputes affecting things measured in the currency of money over things that are entirely invaluable, it replaces a system of jurisprudence in favour of a preoccupation with “Kudisprudence”.

By way of full disclosure, I did not invent this expression, “Kudisprudence”. I was introduced to it by a friend and school mate of long standing who also happens to be a diligent Senior Advocate of Nigeria (SAN). He has not licensed me to disclose his identity, and I am obliged to respect his anonymity. 

Two cases occurred this past week to illustrate how this distinction between jurisprudence and Kudisprudence affects judicial decision making in Nigeria. On 30 October, the police arraigned a member of the House of Representatives, Mascot Ikwechegh, on charges of assault against a gig-economy driver working with Bolt. A now viral video clip showed Ikwechegh had assaulted the driver in words and deed. He called the driver vermin in different forms and threatened to “disappear” him without consequences, before proceeding to satiate on the driver his thirst for physical violence.

For those conversant with that Nigerian rat-killer, the material on the video clip portrayed Ikwechegh as the member representing “Otapiapia” Federal Constituency in the Rat Killers Assembly. On his arraignment, the court granted him bail on an oral application in the sum of N500,000 with sureties who only had to show evidence of utility bills for proof of their residence. The case was adjourned for one week.

Two days later, on 1 November, another court in the same Abuja was host to proceedings charging at least 114 children according to the British Broadcasting Corporation, BBC, with treasonable felony. These charges arose in connection with the #EndBadGovernment protests which occurred last August around the country. Arrested in different locations in northern Nigeria reportedly, these children were transferred to Abuja where they had been detained en masse for 93 days. 

On arraignment, they all looked “visibly unwell and malnourished.” In their short spell in  court, at least four of them suffered fainting feats. Having beheld all of this, the presiding judge promptly rewarded the children with bail in the sum of N10 million each or a total of N1.14 billion Naira, with two sureties each of whom must be a senior federal civil servant of at least Grade Level 15. He adjourned the case to 24 January 2025. These terms were manifestly such that none of these children can hope to comply with.

This is a court system in which material things, such as status, make all the difference between receiving justice or being on the end of the administration of law even when it is manifestly unjust. The parliamentarian received jurisprudence from a court system that was happy to serve malnourished children with anything but that.

There is an even more worrying scenario to which the expression “Kudisprudence” may be applied. That can be the case where a judicial decision follows upon a bargain – implicit or explicit – between a judge or magistrate on the one hand and a party (disclosed or undisclosed) on the other. This was the sense in which Stanislav Andrzejewski, the former Polish soldier and prisoner-of-war who founded the Sociology Department at the University of Reading in England coined the word “kleptocracy” in 1968, which he defined as “a system of government [that] consists precisely of the practice of selling what the law forbids to sell.” Among the things a kleptocracy can buy and sell in its political open market, Andrzejewski included “even judges.”

The fact that Kudisprudence in the second sense occurs in certain courts in Nigeria is not in question. Many disciplinary cases concluded by the National Judicial Council (NJC), no less, testify to this fact. The only issue left to be determined is how pervasive this is. One thing seems clear: political cases increasingly appear to suggest – very much as David Pannick writes – a higher predisposition to what look like outcomes of Kudisprudence. 

For evidence of how this system of Kudisprudence can work, a recent report by the advocacy group, Citizen Gavel, names a notorious former governor and current minister who has a long track record of “building judicial infrastructure and offering other forms of support” to the judiciary in acts of generosity that “often coincide with periods when he has faced significant legal challenges. This raises the possibility that these actions may have indirectly influenced judicial decisions.” Law professor, Fidelis Oditah, adds that in the courts in Rivers State disputes may have been “corruptly procured” and that the decision have more than a whiff of “a rat” about them.

In its nature, judicial quid pro quo does not necessarily occur on social media or with receipts. Verified cases are more likely than not to be fewer in fact than the number of actual incidents. Many more followers of the recent goings on in Nigeria’s judicial system may themselves have evidence to conclude that it has evolved from a system of jurisprudence to one preoccupied with Kudisprudence. 

On its own, that would be sufficient cause for worry; but the reason the system now suffers an overwhelming sense of crisis of credibility is because it cannot be ruled out that this preoccupation with Kudisprudence in the first sense is not the result (in a significant number particularly of political cases), of Kudisprudence in the second – transactional – sense. 

Pannick concludes that courts offer to “those who are greedy, vexatious, exhibitionist, aspiring to canonisation, or just plain impossible a platform to perform.” Every one of them has a right to a court system that regards the public interest in justice as something that money cannot buy.

** Chidi Anselm Odinkalu, a professor of law, teaches at the Fletcher School of Law and Diplomacy and can be reached through This email address is being protected from spambots. You need JavaScript enabled to view it..

 

 

Sam Rockwell

How to Create a Positive Work Environment As a Leader A leader's well-being is the cornerstone of effective team management. When leaders support their own and their team's well-being through the practice of 'Expressive Arts,' they create a positive environment that fosters self-awareness, trust, collaboration and productivity within their teams.

As a leadership development researcher and consultant, I tend to be intrigued but skeptical when I hear stories about painting as team building or writing poetry to enhance leadership performance. I then found the work of Dr. Michelle Williams, who uses something called "Expressive Arts" to help leaders and their teams increase their emotional intelligence for enhanced team performance and wellness.

I learned that Expressive Arts goes beyond painting and poetry to include a wide range of modalities such as movement, visual arts, writing, sound and music, drama and imagery. Participation in these activities interact in what the late Natalie Rogers called the Creative Connection, leading to enhanced self-awareness, personal growth, emotional intelligence and creativity. Participants have praised these methods for helping them navigate complex emotions surrounding their work life, gain clarity about career decisions, and think more creatively.

Expressive Arts is a powerful option for leaders to gain a safe outlet to process feelings that could otherwise lead to burnout and reduced effectiveness.

By integrating Expressive Arts into leadership development, leaders can develop the self-awareness and emotional intelligence at the heart of empowering leadership styles such as mindful leadership, authentic leadership and transformational leadership. These styles are known for valued organization-level outcomes ranging from enhanced trust to improved performance and decision-making.

According to Williams, the leader's well-being is the cornerstone of effective team management because it directly influences their ability to maintain emotional balance, make sound decisions and communicate clearly. When leaders prioritize their own well-being, they create a positive environment that fosters trust, collaboration and productivity within their teams.

For this reason, Williams specializes in facilitating Expressive Arts experiences for leaders and their teams. She believes that when leaders model vulnerability and creativity, their team members are inspired to do the same.

In turn, everyone gains more access to their own and each other's abilities, insights and possibilities. Understanding each other's experiences and emotions leads to better team cohesion, trust and a more supportive work environment, ultimately driving organizational success.

Williams outlined three practices to help leaders develop their skills and enhance their team's wellness through Expressive Arts:

1. Identify your creative outlet and set a regular time for creative activities

Start by identifying a creative activity that resonates with you. This could be anything from painting, writing, or playing a musical instrument. The key is to choose something that allows you to express yourself freely, whether that involves journaling, doodling or keeping an art journal.

To incorporate Expressive Arts in your team, dedicate specific times in your team's schedule for these activities. Regardless of the specific activities or timing, consistency is critical for reaping the benefits of creative exploration. Williams typically works with teams over a 6-month period, meeting with them for a 3-hour monthly session.

2. Crystallize new insights

Engaging in creative processes helps you tap into your subconscious thoughts and emotions. Therefore, after engaging in the creative activity, it is essential to reserve time to reflect on what was created and what thoughts, emotions and insights it stirred.

This reflection period enables participants to turn their access to the subconscious into deeper, actionable insights into their motivations, strengths and areas for growth. This process can be greatly enhanced if, following the reflection period, a group discussion is held where team members share their creations and insights gained.

This step converts individual experience into team bonding and collective knowledge, leading to potential takeaways. The group dialogue also builds empathy and understanding, helping team members better appreciate each other's vulnerabilities and strengths.

3. Create actionable takeaways

The final step is converting the insights gained individually and collectively into actionable goals, tactics and development plans. Each team member and the group as a whole should have a set of goals and plans, which ensures that the Expressive Arts session yields substantive outcomes and progress for the team. This exercise also helps link personal growth with professional objectives, aligning individual aspirations with team goals and boosting motivation and performance.

Embedding Expressive Arts practices into your team's routine can create a dynamic and cohesive work environment where creativity and emotional intelligence drive performance and innovation. Additionally, it is important to remember that leadership is not just about managing others — it's about nurturing yourself to lead effectively.

Integrating creative practices into your leadership routine enhances your self-awareness and emotional intelligence, which are crucial for personal and team success. Embrace this holistic approach to leadership, make it a part of your team's life together, and watch your team meet and exceed its potential.

 

Entrepreneur

The pan-Yoruba socio-political group Afenifere has expressed disapproval of President Bola Tinubu’s appointments, which they perceive as disproportionately favoring the Yoruba ethnic group. In a statement issued by leader Ayo Adebanjo and Justice Faleye in Ibadan, the group cautioned that this trend could jeopardize inter-ethnic relationships and the peaceful co-existence of Nigeria’s diverse ethnic groups.

Afenifere’s criticism focuses on the concentration of power among Yoruba individuals in key federal government positions, including leadership roles in the criminal justice system, economic agencies, and security forces. They argue that such “Yorubalisation” mirrors the ethnic favoritism criticized during former President Muhammadu Buhari’s administration, which was accused of promoting northern hegemony. The group warns that endorsing a single ethnic dominance, whether Yoruba or otherwise, undermines Nigeria’s pluralistic values and historical commitment to inclusivity.

The implications of these appointments are profound for national integration and unity. A government perceived as favoring one ethnic group over others can exacerbate existing tensions among Nigeria’s diverse ethnicities, potentially leading to feelings of alienation and disenfranchisement in marginalized groups. This not only threatens the social fabric of the nation but also risks destabilizing the political landscape by fostering resentment and division.

Furthermore, Afenifere’s statement resonates with historical concerns regarding the dangers of ethnic hegemony. The group’s commitment to democratic principles and equitable representation underscores the necessity for the Tinubu administration to embrace a more balanced approach to governance. Failing to address these disparities could result in further social fragmentation, as groups like Afenifere stand firm against any form of ethnic favoritism.

While the presidency has countered allegations of bias by presenting data on the regional distribution of appointments, Afenifere remains skeptical. The perceived imbalance in key roles may not only challenge Tinubu’s legitimacy but could also hinder efforts to unify a country already fraught with ethnic and regional divisions.

In summary, the current situation necessitates urgent attention to ensure that Nigeria’s governance reflects its rich diversity. Addressing the concerns raised by Afenifere and promoting a genuinely inclusive political environment are essential steps toward fostering national unity and preventing the pitfalls of ethnic rivalry.

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