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Are We at a Judicial Crossroads with the Decisions of Justices Umar and Omotosho on INEC’s Electoral Guidelines?

The two decisions of the Federal High Court delivered respectively by Justice Mohammed G. Umar and Justice James Kolawole Omotosho are already generating intense constitutional and electoral discourse within legal circles. Both judgments dealt with the legality of the Independent National Electoral Commission (INEC)’s administrative timetable and guidelines issued for the 2027 general elections vis-à-vis the provisions of the Electoral Act 2026. Although both courts addressed substantially similar legal questions, they arrived at partially convergent and partially divergent conclusions. This has now sparked debate among senior members of the Bar on whether Justice Omotosho ought to be reprimanded for allegedly delivering a judgment inconsistent with that of Justice Umar. This article examines the two judgments, identifies their points of agreement and disagreement, and evaluates whether the controversy over judicial contradiction is legally sustainable or merely academic se...

SIX-YEAR SINGLE TENURE FOR THE PRESIDENT AND GOVERNORS: A SOLUTION OR A DISTRACTION?

The recent  renewed call for a single six-year tenure for Nigeria's President and Governors  has reignited once again an important constitutional debate.  The central argument of proponents like Distinguished Senator Opeyemi Bamidele and his colleagues is straightforward: a Chief Executive who is not seeking re-election will be less distracted by politics and more focused on governance. This proposition has some appeal and merit.  Under the current constitutional arrangement, Presidents and governors  are elected for four years and may seek one additional term. In practice (like what is presently playing out) preparations for re-election often commence well before the expiration of the first term, creating political pressures that can influence policy choices. A single tenure no doubt, could potentially eliminate this concern and encourage long-term policy implementation. However, it is not necessarily about  administrative efficiency alone. Dem...

FORMER PRESIDENT GOODLUCK JONATHAN, TOP JUDICIAL OFFICERS, NBA PRESIDENT, OTHERS TO GRACE 2026 UNITY BAR LAW WEEK OPENING CEREMONY

The Nigerian Bar Association, Abuja Branch (Unity Bar), is set to host an array of distinguished personalities at the Opening Ceremony of its 2026 Law Week, with former President of the Federal Republic of Nigeria, , confirmed as the Special Guest of Honour. The highly anticipated event is also expected to witness the attendance of the Honourable Chief Judge of the Federal Capital Territory High Court, Justices of the Court of Appeal, the President of the Nigerian Bar Association, as well as several eminent jurists, senior lawyers, public office holders and other notable dignitaries from across the country. In view of the calibre of personalities expected at the event and the accompanying security arrangements, members of the Branch have been advised to be seated at the venue on or before 1:30pm, ahead of the arrival of the former President who is expected to be seated by 1:45pm. According to a statement issued by the Publicity Secretary of the Branch, Zacchaeus Akubo, ...

The First Major Casualty of Section 83 of the Electoral Act 2026 May Have Emerged

The recent decision of the Federal High Court in Fubara Dagogo v. All Progressives Congress (APC) & 3 Ors., Suit No. FHC/ABJ/CS/591/2026 delivered by Justice Joyce Abdulmalik, represents a significant development in Nigeria’s pre-election jurisprudence. In that case, the court struck out the suit challenging the APC National Congress and proceeded to award punitive costs of ₦10 million each against the plaintiff, Mr. Fubara Dagogo, and his counsel, Chief Sir O.A.U. Onyema, for what the court considered a frivolous and non-justiciable action. The court held that the dispute arose purely from the internal congress and nomination processes of the political party and therefore fell outside the jurisdiction of the court by virtue of Section 83(5) of the Electoral Act 2026.  Justice Abdulmalik maintained that there was no allegation or proof of any breach of the Constitution, the Electoral Act, or the party’s constitution and guidelines capable of warranting judicial inte...

The Value of Legal Practice and the Dignity of the Profession.

The statement by that “Do not be a lawyer who charges so low that your clients do not understand the value of the profession” is not merely a comment about legal fees; it is a profound reminder about the dignity, value, and integrity of legal practice. Law is a noble profession built on years of rigorous academic training, discipline, sacrifice, and continuous learning. Every lawyer invests enormous time, resources, and mental energy in acquiring the knowledge and skills required to represent clients effectively. Beyond the years spent in universities and the Nigerian Law School, legal practitioners daily bear the burden of advocacy, research, drafting, negotiations, court appearances, and the responsibility of protecting the rights and interests of clients. Unfortunately, the increasing trend of underpricing legal services has continued to diminish the perceived value of the profession. When lawyers charge excessively low fees merely to attract clients, it sends a dan...

EMEKA OBEGOLU, SAN, CHARGES COLLEAGUES TO EMBRACE EXCELLENCE AND PRODUCTIVITY

Distinguished legal practitioner, President of the Abuja Chamber of Commerce and Industry, and former Chairman of the NBA Annual General Conference Planning Committee for the 2025 Conference held in Enugu, , has charged colleagues across the legal profession to embrace excellence, diligence, and productivity as a new week begins. Chief Obegolu, SAN, who currently serves as Consultant to the NBA National Conference Committee, delivered the message in a goodwill remark to members of the Bar, stating: “Good morning distinguished colleague. I wish you a successful week.” The concise but inspiring message reflects the spirit of professionalism, unity, and encouragement that continues to define the Nigerian legal community. Widely respected for his leadership roles within both the legal and business communities, Chief Obegolu, SAN, has remained committed to promoting institutional growth, mentorship, and professional development. Members of the legal pr...

Justice Delivery and Prevailing Conflicting Judgments: An Imperative for Urgent Judicial Reforms

I had the rare  privilege of participating as a panelist at the Biennial Law Week of the Nigerian Bar Association, Anaocha Branch, Anambra State this weekend,  where distinguished Professors of Law, Justices of various courts, Senior Advocates of Nigeria, and legal scholars gathered to interrogate one of the most pressing challenges confronting the Nigerian judiciary today: "the growing menace of conflicting judgments and the urgent need for judicial reforms". The topic was not only timely but fundamental to the survival of public confidence in the administration of justice. A judiciary that speaks with contradictory voices weakens the rule of law, undermines democratic stability, and erodes citizens’ faith in the courts as impartial arbiters of justice. Conflicting judgments occur when courts of coordinate jurisdiction issue inconsistent decisions on the same subject matter, thereby creating uncertainty and confusion in the legal system. Unfortunately, this distu...

OTU OKA-IWU ABUJA SETS AGENDA ON RESTORATIVE JUSTICE REFORMS

In a continued effort to deepen legal discourse and professional development among its members, Otu Oka-iwu Abuja (the association of Igbo lawyers in the Federal Capital Territory) has announced its forthcoming general meeting, scheduled to hold on Friday, 22 May 2026. The meeting, which will take place at Hall 3, Novare Shopping Complex, Wuse Zone 5, Abuja, is expected to convene a distinguished gathering of learned seniors and colleagues within the legal profession. Proceedings will commence promptly at 4:00 PM, with Chief Okechukwu Ajunwa, SAN, graciously serving as host. A major highlight of the meeting will be the association’s Learning Series, designed to promote continuous legal education and engagement with emerging trends in jurisprudence. This edition will feature Mrs. Miriam Komboh-Eze, Director of the Restorative Justice Centre, Abuja Multi-Door Courthouse (AMDC), who will deliver a thought-provoking presentation on the theme: “Restorative Justice...

NBA Anaocha Branch Honours Okey Wali, SAN with Hall Naming Recognition.

NBA Anaocha Branch Names Hall After Okey Wali, SAN The (NBA), Anaocha Branch (Family Bar), has resolved to name its main meeting hall after the 26th President of the Association, . This decision was reached during the Branch’s monthly general meeting, where members unanimously approved the naming of the hall as “Hon. Okey Wali, SAN Hall of Honour.” The honour is in recognition of Okey Wali, SAN’s outstanding contributions to the legal profession, as well as his enduring support and commitment to the growth and unity of the Nigerian Bar, particularly the Anaocha Branch. According to the Branch, the resolution reflects deep appreciation for his legacy of service, leadership, and dedication to the advancement of justice and the rule of law. The formal naming and commissioning of the hall will take place during the Branch’s 2026 Law Week , scheduled to commence on May 8, 2026 . The event is expected to attract members of the Bar, senior advocates, and key stakeholders wi...

Section 83 and the Myth of Judicial Silence in Party Politics

The recent assertion by my brother, Festus Okoye Esq, that lawyers have become scapegoats in internal party conflicts owing to their recourse to the courts calls for careful constitutional and judicial interrogation. At the centre of this debate lies Section 83 of the Electoral Act 2026, particularly the suggestion that it absolutely ousts the jurisdiction of the courts over the internal affairs of political parties. With the greatest respect to lawyers who are holding this view, that broad interpretation may appear overstretched and not constitutionally sustainable. Section 83(5) of the Electoral Act, read in isolation, appears to bar courts from entertaining disputes relating to party internal issues absolutely.  On a literal reading, it suggests a legislative intent to shield political parties from judicial scrutiny. That may not absolutely be true. Such a construction ignores a foundational principle of Nigeria’s constitutional order, which is the fact that...

Dual party membership in Nigeria; will tougher sanctions strengthen party Discipline, Without Undermining Freedom of Association and internal Democratic Accountability.

Dual party membership has continued to erode party discipline and weaken democratic accountability in Nigeria. The amendment to Section 77 of the Electoral Act is a bold s tep forward, expressly prohibiting multiple party membership and prescribing strict penalties ₦10 million fine, two years imprisonment, or both to deter political inconsistency. Nonetheless, this must be balanced with Section 40 of the 1999 Constitution (as amended), which guarantees freedom of association. The law does not restrict political participation but ensures that party affiliation is singular, clear, and lawful at any given time. For this reform to be effective, political parties must enforce internal discipline through credible membership registers, transparent primaries, and strict adherence to their constitutions. However, enforcement cannot rest on parties alone. The  must take decisive steps by establishing a centralised digital membership database, auditing party registers, and enforci...

THE UMUAHIA/IKWUANO/IKOT EKPENE ROAD: A SHAMELESS ATTEMPT TO REWRITE A KNOWN STORY

I read with a mixture of amusement and sadness the statement credited to one Mr. Chidi Uwaeziozi, who claims to be the Controller of Works for Abia State in the Federal Ministry of Works. In that statement, he asserted that the Umuahia/Ikwuano/Ikot Ekpene Road continues to be executed and funded by the Federal Government, apparently in response to recent remarks from the administration of His Excellency, Governor Alex Otti, which identified the project as a State-led intervention. Ordinarily, such a claim would not deserve a response, especially as the Abia State Government has already addressed and refuted the misleading assertions contained in that statement. However, it is important that the people of Abia State, and indeed Nigerians, understand the true situation surrounding this vital road project. Infrastructure remains the backbone of economic development. Roads in particular connect communities, facilitate trade, and reduce the burden of daily life for ordinary citi...

Electoral Amendment Bill 2026: Clarifying the Architecture of Electronic Transmission and Collation

From the look of things, Nigeria’s National Assembly has tactically harmonised both chambers on the Electoral Amendment Bill 2026, thereby eliminating the necessity for a conference committee. With identical versions now passed by the Senate and the House of Representatives, the Bill may have to await the presidential assent. At the core of the amendment are three major provisions relating to electronic transmission. First  is the mandatory Electronic Transmission of Results. And second is the statutory Recognition of the IREV Portal. The third is the  fallback to Form EC8A in Cases of Communication Failure. Under the proposed framework, where there is no communication failure, results recorded at each polling unit on Form EC8A, duly signed by the Presiding Officer and countersigned by party agents, must be uploaded to the IREV portal immediately after announcement. Where electronic transmission fails due to communication challenges, the duly completed and signed E...

Electronic Transmission of Election Results: A Defining Moment for Nigeria’s Democracy

I respectfully write to share my considered thoughts on the ongoing deliberations concerning the amendment of the Electoral Act, particularly on the issue of electronic transmission of election results. Nigeria stands at a critical democratic crossroads. As the continues its deliberations on proposed amendments to the Electoral Act, the nation must decide whether to consolidate recent electoral reforms or retreat into familiar controversies that have historically undermined public confidence in our democratic process. Recently, Dr. SAN appeared on The Morning Show on , where he provided a historical perspective on the evolution of electoral reforms in Nigeria. He carefully traced the mischief that the introduction of electronic transmission was designed to cure manipulation during manual collation, alteration of figures between polling units and collation centres, ballot snatching, and the disappearance or substitution of result sheets. According to him, electronic t...

Electronic Transmission brouhaha: Dr Monday Ubani SAN Traces the Mischief, Charts a Path to Credible Elections

Dr. Monday Onyekachi Ubani, SAN, on Saturday appeared on The Morning Show on Arise TV to examine the ongoing amendment of Nigeria’s Electoral Bill especially on the issue of electronic transmission by the National Assembly, offering a historical perspective on the reform and the mischief the proposed changes seek to cure. Responding to questions on his assessment of the new bill as passed by House of Representatives and the Senate on the issue, Dr. Ubani recalled that the Supreme Court of Nigeria, in the last round of election litigation, held that the Electoral Act, 2022 made no provision for electronic transmission of results and did not mention the INEC Result Viewing portal (IReV). That omission, he noted, constrained the courts and made it impossible to invalidate the presidential election on the grounds canvassed. The decision, according to him, exposed clear gaps in the law and provided compelling justification for a comprehensive amendment. He explained that the Hou...

ICPAN Conference 2025: Uniting Fraud Examiners in the Fight Against Financial Crime

The Institute of Corporate and Public Administrators of Nigeria (ICPAN) invites all professionals and stakeholders to its upcoming ICPAN Conference 2025 , a virtual event focused on the crucial topic: “The Role of Fraud Examiners in Fraud Detection and Prevention.” 📅 Event Details: Date: Thursday, July 17, 2025 Time: 10:00 AM (West Central Africa Time) Platform: Zoom Join Zoom Meeting: https://us06web.zoom.us/j/82947360089?pwd=rTgtODYd3gkEqx05kYQbbadgwlLUtB.1 Meeting ID: 829 4736 0089 Passcode: 11e7ZL Conference Theme: “The Role of Fraud Examiners in Fraud Detection and Prevention” In an era where fraud schemes are becoming more sophisticated and widespread, the conference will delve into the vital role that fraud examiners play in identifying, preventing, and addressing fraudulent activities across both the public and private sectors. Why You Should Attend: Participants will benefit from expert-led discussions on: Innovative tools and techniques in fraud dete...

President Tinubu Announces New Appointments to South East Development Commission

In a recent press release from the State House, President Bola Ahmed Tinubu announced a new list of nominees for the South East Development Commission (SEDC) board. The new appointments include a chairman and five executive directors, who are expected to play a crucial role in developing the South East region. New Chairman and Executive Directors The new chairman of the SEDC board is Dr. Emeka Nworgu, who replaces Hon. Emeka Atuma. The five new executive directors are: Stanley Ohajuruka: Executive Director of Finance, replacing Anthony Ugbo  Toby Okechukwu: Executive Director of Projects, replacing Obinna Obiekweihe Chief Sylvester Okonkwo: Executive Director of Corporate Services, replacing Dr. Daniel Ikechukwu Ugwuja Chidi Echeazu: Executive Director (portfolio to be determined) Dr. Clifford Ogbede: Executive Director (portfolio to be determined) Retained Nominees The President retained several nominees from the initial list, including: - Hon. Mark C. Okoye: Managing Director/Chief E...