Analysis
Obasanjo, Tinubu: Supreme Enablers of Constitutional Outrage

“The judiciary have a wide scope for making political decisions.” ~ J.A.G. Griffiths, “Constitutional and Administrative Law’ in Peter Archer & Andrew Martin (Eds), More Law Reform Now, 55 (1983)
The judgment of the Supreme Court of Nigeria on 19 January 2006 concerning the state of emergency in Plateau State came down 20 months after the proclamation and 14 months after the emergency had expired. When it was eventually issued, the judgment was worse than an anti-climax.
The most important thing about the decision was not the jurisprudence of the court but when the court chose to hear the case. Nearly two decades later, the same Court is likely to repeat a familiar script, serving as an apex enabler of power amok. The people of Rivers State are paying the price in the currency of constitutional outrage. As always, the facts matter.

Former Chairman of Nigeria’s National Human Rights Commission (NHRC), Prof. Chidi Anselm Odinkalu
By Statutory Instrument No. 4 of 2004, issued on 18th May 2004, Nigeria’s president Olusegun Obasanjo, a retired four-star General, proclaimed a State of Emergency over Plateau State in north-central Nigeria. Known as the State of Emergency (Plateau State) Proclamation, S.I. No. 4 of 2004 it provided that “the State shall, for the duration of the emergency, be administered by an Administrator who shall be appointed by me and operate on the basis of such Regulations that may, from time to time, be issued by me.”
The duration of the emergency proclamation was six months.
At the time, President Obasanjo was elected on the platform of the Peoples’ Democratic Party (PDP). Beyond the federal level, the same party ruled or controlled 28 out of the 36 states in Nigeria. Joshua Dariye, the governor suspended in Plateau State by the emergency, was also elected on the platform of the party.
Having suspended the governor, his deputy and the Plateau State House of Assembly in exercise of powers purportedly exercised under the emergency, President Obasanjo appointed Maj.-General Chris Alli, a former Chief of Staff of the Nigerian Army, as the Emergency Administrator for Plateau State. The National Assembly quickly voted to afford the president the parliamentary reinforcement required under the constitution.
In the name of Plateau State and its people, the suspended governor, Joshua Dariye, instructed legal proceedings invoking the original jurisdiction of the Supreme Court in respect of disputes between a state and the federal government. Among other prayers, he requested the Supreme Court to determine whether the relevant provisions of the Constitution and of the Emergency Powers Act of 1961 empowered the president to suspend elected officials of the state.
The Supreme Court took its merry time before scheduling the case for argument. By the time it took arguments in the last quarter of the following year, the legal issues were still substantial, but the actual emergency had long lapsed.
In its judgment, the Court ruled that the proceedings lacked the requisite legal standing because the suspended governor did not have the powers to instruct proceedings on behalf of Plateau State, and the Emergency Military Administrator had not authorized nor supported the case. It also added that as the emergency was spent, there was no longer any live dispute involved.
This was diabolical judicial capitulation. If, as seemed evident, the court was clearly reluctant to get itself embroiled in the controversy, it would have struggled to find a more illogical piece of reasoning on which to justify casualizing the issue as a matter of institutional comfort for the judiciary.
The most charitable anyone could be about the idea that the fate of the case should hang on the consent of the Military Administrator, the legality of whose appointment was in question, was that it was cynical jurisprudence. At the time of the judgment, in any case, the question of whether or not the president had the power to suspend elected state officials was not at all academic.
Yet, through an act of commission that was deliberately made to look like a routine omission, the Supreme Court enabled the Plateau State emergency proclamation, setting a precedent that ransacked the constitution but which suited the essentially military temperament of a soldier and wartime General whose tolerance for being second-guessed by anyone was notoriously thin.
Nearly two decades later, on 17th September 2025, Nigeria’s incumbent President Bola Ahmed Tinubu, issued an announcement lifting the six-month-old state of emergency that he had imposed on Rivers State on 18 March. The announcement coincided with the expiration of the period of six months.
Repeating the precedent set by President Obasanjo in 2004, President Tinubu, in proclaiming the emergency in Rivers State, also suspended all elected state-level officials, including the state governor and the members of the Rivers State House of Assembly.
Unlike the situation in 2004, however, the party of the president this time is the All-Progressives Congress (APC) and the elected state officials at the receiving end are in the PDP, which has been in opposition since 2015.
At the National Assembly, which the Constitution requires to ratify the emergency proclamation by a qualified (two-thirds) majority, both chambers passed it by a voice vote. This made it impossible to compute compliance with the constitutional arithmetic for lawful emergency proclamation. Naturally, therefore, the matter was fated to end up in controversy.
President Tinubu acknowledged as much in his announcement of the end of the Rivers State emergency, confessing awareness of the fact that there were “over 40 cases in the courts in Abuja, Port Harcourt, and Yenagoa, to invalidate the declaration.”
With a touch of presidential hubris, he added that “that is the way it should be in a democratic setting. Some cases are still pending in the courts as of today.”
Most of the courts that have decided on the case did so by way of rulings designed to ensure that there was no judgment. One of the cases pending in the courts is SC/CV/329/2025, filed on 9th April 2025, three weeks after the emergency proclamation in Rivers State, by 11 PDP State governors.
Their intervention ensured that the case avoided the delays inherent in navigating the lower rungs of the judicial ladder. There was good reason to believe that the court would give the matter timely consideration.
On 3rd March 2023, the Supreme Court decided Suit No. SC/CV/162/2023 was instituted by 10 States exactly one month earlier, on 3 February, to challenge the redesign of the national currency on the eve of the 2023 elections.
The following year, the same court took exactly 45 days to decide on 11th July, the case on local government autonomy filed by the Federal Government against the states on 25 May 2025.
If the hope of the PDP governors in the Rivers State case was to give the apex court a timely opportunity to adjudicate the matter, it was misplaced. When the Plateau State emergency case was being given the judicial runaround under President Obasanjo two decades earlier, Rivers State was one of the poster boys of the PDP administration.
This time, the state is a political prize for which the incumbent president is willing to mint a currency entirely of his own making. The Supreme Court has enabled him to have his way as he pleases, with neither care nor heed for what the Constitution requires.
As I write, the Supreme Court is still twiddling its elevated judicial thumbs while evidently divining the magical body language of the presidency. The court has chosen to enable emergency rule of manifestly dubious constitutionality by allowing the clock to run out on the proclamation. Its choice of that course of action has been both wilful and cynical. It is also clearly political.
The administrative feint of the Supreme Court in kicking the Rivers State emergency case into the judicial long grass is a piece of judicial legerdemain whose place in the pantheon of judicial infamy is assured.
It is also a piece of catastrophic success for the administration. With Supreme benediction, every elected state official now holds office at the sufferance of the presidency. The true scale of its perverse consequences for constitutional government in Nigeria will become apparent as the 2027 elections approach.
A lawyer and a teacher, Chidi Anselm Odinkalu can be reached at chidi.odinkalu@tufts.edu.
Analysis
It is time to let Nyesom Wike go
By Onwuasoanya FCC Jones, PhD.
I was trying to write something more extensive about how the current crisis ravaging our country’s supposed main opposition Party started, but as I wrote, I realised that it was becoming too lengthy, hence, I decided to take out an important part of that long essay and publish it as a separate post, to avoid the message getting lost in the voluminous write-up, that I might still conclude and publish.
Politics, especially, democratic politicking cannot be played without factoring in public opinion. The public opinion might be informed by propaganda or outright fake news, but if it is the popular opinion, then, a responsible government must take it seriously and work to correct the wrong opinion or the actual reality.
Even in Communist States like North-Korea, Cuba and China and authoritarian democracies like Russia, Belarus and elsewhere, people’s opinions are not discarded as worthless, but they are closely monitored, and while these governments invest huge resources into State propaganda, they do not also fail to take important actions to defuse tension when public opinion is getting too negative concerning a particular action.
Nyesom Wike’s endorsement of Mr. President and his subsequent contributions towards the successful election of the President in 2023, cannot be denied, and the President has shown enough gratitude by appointing him as the Minister of the Federal Capital Territory, an appointment that should have been originally reserved for top members of the ruling Party.
While it must be acknowledged that the FCT Minister is doing some fantastic jobs in the FCT, it is also obvious that he is being distracted by his involvement in the tussle for the control of his own Party. His actions have also brought immerse reputational damage on the APC administration at the federal level, as he regularly puts himself forward as an untouchable appointee of the President, even as some of his actions could not have been possible without his access to some presidential protections.
The FCT Minister wouldn’t have had the resources and security to challenge sitting governors of his own Party to the extent of attempting to evict them from the Party’s secretariat, if he didn’t have access to enormous federal government accessories. His insistence on remaining in the PDP, while working openly for the APC, is outright political treachery, which the President must not continue to condone. If the Minister loves our Party so much and detests his own Party that much, then, he should quit the PDP officially and join the APC.
Mr. Wike is ruining our Party’s reputation before Nigerians and the international community, and the sooner the President relieves him of his job as FCT Minister, to enable him focus more resources and attention to “rebuilding” his Party and pocketing its structure, the better for us as a Party and as a nation.
Onwuasoanya FCC Jones, PhD is a former State Publicity Secretary of the All Progressives Congress.
It was difficult to miss the trending videos, photos and reports of Nigeria’s Federal Capital Territory (FCT) Minister Nyesom Wike and Naval Officer Lieutenant A. M. Yerima staring each other down at a property site in Abuja, the Nigerian capital, recently.
The full picture may never be known, but there are many versions of the narratives, which may or may not be from Wike’s office or the military establishment. There are numerous write-ups and analyses on whether Wike or the officer was right or wrong.
Perhaps, one day, an opportunity will present itself for various sides to tell their own versions of the event. In this digital age, there are many possibilities to colour stories, or even mislead the public.
But what happened between Wike and the naval officer was yet another portrayal of a power show (thanks to Fela Kuti, the Afro-beat King), and a failure of law and order in the society. It started a long time ago, and it is getting worse.
Individuals, institutions and governments use and misuse their authorities, their wealth, and their instruments of power including positions, guns, uniforms, security personnel… – to force their way, and achieve their objectives. Whether the objectives are right or wrong, it does not matter.
The use of established, official adjudication process is disregarded, and not even explored. Might is right.
There are real-life examples of how it happens every day. At levels small and big.
A soldier stands by the side of the highway and waves down every truck (or trailer, as we call it) that passes by. He needs a lift, after all, he is in uniform, purportedly serving the nation. Wrong! He is on a mission for illegal extortion. He is one of the many service personnel in uniform who accompany trucks across the country on highways. It is not official business. But they profit from the fact that there are many roadblocks manned by police, customs, immigration agents, and other unformed entities.
Some of these entities extort “monies” from truck drivers for “assisting” them through the roadblocks. A soldier sitting next to the truck driver means that the truck gets a through pass without paying an illegal toll. Instead, the soldier is “settled” by the truck driver for the “service”. It is cheaper and faster for the truck driver.
Some individuals with strong connections in the military can obtain the services of soldiers to help them secure their properties against intruders. Whoever can mobilise soldiers to secure the property has a higher claim, irrespective of whether the property is illegally acquired.
A tenant who fails in his financial obligations but can pay his way through the police or the court can scare his landlord away.
Policemen accompany criminals and “big men”, who break the law, and provide cover or security to keep others at a distance.
The rogue behaviour of these military or unformed persons are not necessarily backed or approved by their superiors or their organisations.
Yet, there are too many examples of the use/misuse of uniformed security officials for illegal purposes. It is not limited to the uniformed services. Politicians also use their positions to bend rules and circumvent normal processes and procedures.
Some senior government officials assume all manner of powers. A well-connected politician can take over public roads, public facilities and access areas, and “nothing will happen”. Having a political title is power.
Such power is used to determine who votes and how. Hence, snatching of ballot boxes and disenfranchising voters in so many ways has become the norm.
A wealthy person can “buy” security officials, or pay for the rights of ordinary persons to be taken away. An innocent citizen can be arrested for any reason, jailed or detained illegally for a long time.
If and when the citizen musters the means to go to court against the wealthy or money bag, the case could go on for years until the highest bidder prevails.
It is not a new trend, but it is wrong, and it must stop. It may not be easy to stop, but it can be minimised. Unfortunately, the trend is rather on the increase.
In full public glare, Wike and the naval officer demonstrated the use of “power” to determine who/what is right.
Sadly, it degenerated into another “two-fighting” power play – the one representing government power and the other, a decoy for his Oga, representing the power of the military uniform. A regular citizen could not have stood against either of them. S/he would be destroyed and “nothing will happen”.
By shouting at each other in public, Wike and the naval officer represent the unqualified use of authority that has effectively replaced the application of due process for adjudication of contending claims.
The FCT authorities and the former Chief of Naval Staff, Vice Admiral Awwal Zubairu Gambo, who is said to be the owner of the property in question, could have used other legal and dignified mechanisms of adjudication to settle the matter, without unnecessary drama. There was no need for the “show of power.”
This legitimate process of adjudication is no longer attractive to those who have the power to determine the outcomes of their own matters. They use their positions, wealth, uniforms, and paraphernalia of office to force their way through. Those lacking such powers are denied justice.
Both Wike and the naval chief will ultimately sort out their differences. The bravado in public only reinforces the “powerlessness” of the ordinary citizen.
Citizen Nigerian has no standing against Wike and his arsenal, or the naval officer and his boss. Under these circumstances, it is immaterial whether Citizen Nigerian has genuine documents or legal claims; S/he is the loser in the game between and among the powerful in society.
Bunmi Makinwa is an Analyst and CEO, AUMIQUEI Communication for Leadership.
An unlikely coincidence of elections in over a period of 45 days period from the middle of September to the end of October 2025 has cast a new light on the state of democratic governance in Africa and now threatens to unscramble the ritual hollowness that has become the fate of elections on the continent under the indifferent watch of the African Union and other regional institutions in Africa. How the continent’s leaders and institutions handle the aftermath could have serious implications for the stability of the continent.
On 16 September 2025, Malawi went to the polls to elect their president. The last time the country did that in 2019, it produced results that were so transparently rigged that five judges of the Constitutional Court of Malawi wearing bullet-proof vests were needed to set aside the result declared by the electoral commission. That was only the second time in Africa’s history that a court would nullify the declared outcome in a presidential election.
The annulled result had favoured then incumbent and fifth president of the Republic, Peter Mutharika (a long-serving law professor and brother of Malawi’s third president, Bingu wa Mutharika), in a contest against Lazarus Chakwera, a theologian and pastor with the Assemblies of God Church in Malawi. In the re-run that followed the judicial nullification in 2020, Chakwera prevailed, and the people ousted Peter Mutharika from the presidency.
The contest in September 2025 pitted 85-year-old Peter Mutharika in a sequel against his nemesis, Lazarus Chakwera. In the preceding five years, President Chakwera had managed to implausibly squander the considerable civic goodwill that powered him into office. Despite being 15 years younger than President Mutharika, President Chakwera lost resoundingly to his older opponent who secured 56.8% of the vote.
Malawi may have vindicated the trust of both the voters and of the candidates in a test of the will of the people but it is an outlier in a continent that has grown used to seeing elections as charades. This reluctance for credible ballots was evident when the central African country of Cameroon went to the polls nearly one month later on 12 October 2025, to elect their president. The incumbent, Paul Biya, was a 92 year-old whose sojourn in Cameroon’s government dates back to his appointment as Chief of Staff in the cabinet of the Minister of Education in 1964. In 1975, President Ahmadou Ahidjo made him Prime Minister. On 6 November 1982, two days after the resignation of President Ahidjo on grounds of ill-health, Biya ascended to the presidency and has ruled the country for 43 years since.
At 92, Paul Biya is the oldest serving president in the world, only outlasted in office by Teodoro Obiang, president of the neighbouring Equatorial Guinea, who has been in office since he toppled his uncle, Macias Nguema, in August 1979 before executing him. In the election this year, his main opponent was Issa Tchiroma, a 35-year veteran in the cabinet of President Biya, who stepped down from the ruling Cameroon Peoples’ Democratic Movement (CPDM) and from the Cabinet in order to run against his former boss.
It took the Constitutional Council 15 days to tabulate the figures in an election which had 8.1 million registered voters with an average turnout of about 68.5%. When it eventually declared that outcome on 27 October, the Constitutional Council announced Biya as winner with 53.66% of the votes in disputed results and in an election in which he was unable to campaign because of infirmity. Independent analysts who have examined the official numbers insist he “couldn’t have won.”
With the result, Biya, who was born one month after Adolf Hitler assumed office as German Chancellor and in the month preceding the inauguration of Franklin Delano Roosevelt as the president of the United States of America – entered upon his seventh presidential term in a country in which the median age belongs to children who were born in 2006. By the time of the next election, he will be nearly one century old. In the wake of the announcement, United Nations Secretary-General, António Guterres, pointedly declined to extend congratulations to President Biya, instead focusing his attention on the need for a “thorough and impartial investigation” of the “post-electoral violence and…. reports of excessive use of force.”
Paul Biya can at least claim that he had a genuine contest against a genuine opponent. In Côte d’Ivoire, West Africa, the contest two weeks later on 25 October 2025 pitted incumbent president, Alassane Ouattara, whose ambitions drove the country to the brink of fragmentation at the beginning of the millennium – against no one.
When the result
was announced, President Ouattara, a child of the Second World War, having been born on New Year’s Day in 1942, contrived at 83 years to award himself nearly 90% of the vote and a fourth term in office in an election from which he barred every credible competition. That was indeed a generous four percentage points lower than the 94% of the votes that he awarded himself in 2020. In power since 2010, Ouattara was supposed to be term-limited after two terms of ten years in office. At 83, he expects to rule until at least he is 88, which would still be five years younger than President Biya’s current age.
The election in Tanzania four days after Côte d’Ivoire’s took place in a graveyard. The incumbent and candidate of the ruling Chama Cha Mapinduzi (Party of the Revolution) was Samia Suluhu Hassan, who inherited the office when her principal, John Pombe Magufuli, died in March 2021.
Ahead of the contest, however, it became evident that Samia would not tolerate a contest. Under her leadership, the government unleashed what Amnesty International described as a “wave of terror” designed to make her candidacy unopposed and the ruling party unchecked in its march to a pre-determined seventh decade in power. On the day of the contest on 29 October, protests unexpectedly erupted in key cities, such as Dar-Es-Salaam, Arusha, Mbeya, and Mwanza. Under cover of a media blackout complemented by an internet shutdown imposed on the day of the ballot, Samia’s government orchestrated a campaign of targeted mass murder in population centres suspected to be opposition strongholds.
President Samia’s electoral commission declared her winner with 87% voter turnout and nearly 98% of the vote. As Tanzanians in different parts of the country woke up to find bodies on their courtyards with fatal injuries from unknown persons and morgues overflowing with fresh cadavers reportedly being disappeared under instructions of the government, President Samia turned up at a military base in new capital city, Dodoma, where on the fourth night following the vote, she was stealthily inaugurated for a new term.
Initial estimates putting the casualty count in the hundreds were quickly eclipsed by more updated tallies of over 3,000 killed in under 72 hours. Fresh reporting by the New Humanitarian put the number over 5,000 and suggests that the casualty count may indeed be over 10,000. Around the country, initial trepidation gave way to alarm at the scale of the massacre. That alarm has now been ousted by outrage.
Meanwhile, for the first time in their histories, official election observer missions deployed by the African Union (AU) and the Southern African Development Community (SADC) both concluded separately that the election in Tanzania “did not comply with AU principles.” This caught many people unprepared. Now both institutions are scrambling to figure out what to do. There is an emerging consensus that President Samia is illegitimate. The leaders of both institutions must articulate consequences and citizens have a right to expect them to do so clearly.
The consensus is also growing around the urgent need for an independent, international investigation and accountability. Meanwhile, Tanzania’s young people prepare for nationwide protests on 9 December 2025. The symbolism is significant: it is World Anti-Corruption Day; it is the anniversary of the adoption of the Genocide Convention; and it is Tanzania’s Independence Day.
A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu.
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