Upholding Integrity in Nigeria’s Legal System: A Message to Sir Festus Nyiwo in the Modern Context -By John Egbeazien Oshodi

The world is currently captivated by the legal battle unfolding in the United States involving prominent Nigerian politicians, Atiku Abubakar and Bola Ahmed Tinubu. Atiku Abubakar, the 2023 presidential candidate for the Peoples Democratic Party (PDP), initiated a case in the US District Court for the Northern District of Illinois, compelling Chicago State University (CSU) to release Tinubu’s academic records.

I want to make it clear that I do not have any personal affiliations with the parties involved in the legal case, such as Atiku Abubakar, Bola Ahmed Tinubu, or any other individuals mentioned. My perspective is entirely objective, rooted in unbiased observation and analysis. I do not have any personal connections or biases, and my insights are based solely on my expertise and understanding of the ethical principles at play in the situation.

The critique from Sir Festus Nyiwo, Esq., a Nigerian lawyer, highlights Atiku’s actions, questioning the legitimacy and appropriateness of these legal proceedings. Despite being a psychologist and not an attorney, it appears to me that Nyiwo is examining Atiku Abubakar’s legal maneuvers in the US court. His analysis delves into privacy concerns, potential abuse of legal processes, jurisdictional complexities, procedural intricacies, and potential political motivations underlying the case. Nyiwo emphasizes the need for a cautious approach, urging a strict adherence to legal standards and international norms in such high-stakes cases.

The legal saga took a significant turn when Magistrate Jeffrey Gilbert, operating outside the realms of Nigeria’s sometimes unpredictable legal landscape, ruled that CSU must release Bola Ahmed Tinubu’s academic records to Atiku Abubakar within 48 hours. This order aimed to substantiate Atiku’s claim that Tinubu was ineligible to contest the February 25 presidential election due to alleged perjury and forgery of his CSU certificate. Dissatisfied with this ruling, Tinubu sought justice at a higher court under the jurisdiction of Judge Nancy Maldonado. In a recent development, Judge Maldonado reiterated the earlier decision by ordering CSU to comply, thus upholding the decision made by US Magistrate Judge Jeffery Gilbert. This ruling underscores Atiku Abubakar’s right to access the requested academic records, allowing him to advance his legal case against President Bola Tinubu.

Crucially, it’s imperative to recognize that this decision holds more weight generally within the legal jurisdiction of the United States. While it signifies a significant step in Atiku’s pursuit of truth and justice, it may not directly influence the ongoing legal processes in Nigeria. But it should be a major aspect of the entire case. This case underscores the complexities and nuances of international legal battles, highlighting the disparities between legal systems and emphasizing the need for meticulous consideration in matters of jurisdiction and legal proceedings.

The focus remains on these legal intricacies and their impact on the psychological fabric of Nigeria. I refrain from delving into realms in these legal matters, concentrating instead on fostering positive psychological and ethical approaches within the Nigerian environment and beyond.

Emphasizing the significance of the rule of law in modern democracies is paramount. The rule of law ensures that every individual, including the government, is bound by the law. In contemporary legal systems, judges are expected to maintain impartiality, devoid of biases related to ethnicity, religion, or personal connections. Their decisions are rooted in law and facts, ensuring equal treatment for all, irrespective of background or social status. This principle of fairness and justice is fundamental to legal proceedings.

Judges globally must weigh the broader implications of their decisions on society, fostering public trust through transparency and accountability. Modern legal systems must provide a secure environment for individuals to present their cases, free from external influences. Timely resolution of cases ensures efficient justice delivery, aligning with the aspirations for a better Nigeria.

Legal professionals, including lawyers and judges, are held to high standards of conduct and professionalism. Upholding the integrity of the legal process is non-negotiable. Legal decisions should be based solely on facts, evidence, and the interpretation of the law, without succumbing to pressures, compromises, or biases—a chronic concern in Nigeria.

Promoting ethical conduct and upholding the integrity of the legal profession are indispensable for maintaining public trust in the justice system. Lawyers and judges serve as custodians of justice, ensuring impartiality and fairness, regardless of the political or social context. These values and foundational principles should guide legal practitioners, reinforcing the importance of integrity and professionalism in the legal field.

The term “silver bullet” resonates profoundly in the realm of legal practice. Amidst compromises, fear, and pressure, the unwavering commitment to justice, fairness, and accountability emerges as the true silver bullet. This commitment transcends borders and societal norms, embodying the essence of the rule of law.

The rule of law stands as the bedrock of democratic societies, ensuring that justice is blind to ethnicity, religion, and social standing. Equality before the law is a principle rigorously upheld, notably in legal systems like that of the United States. Educating legal minds, including esteemed individuals like Sir Nyiwo, about the universality of the rule of law becomes pivotal. Dispelling the notion that there is no silver bullet in the pursuit of justice, the rule of law becomes the guiding force.

In societies governed by the rule of law, institutions, especially courts, are entrusted with upholding ethical standards and ensuring transparency. In the face of legal challenges, institutions must adhere to the law, provide access to information, and foster an environment where justice prevails. Institutional integrity becomes paramount, reshaping established norms and showcasing that the silver bullet lies within the structures of governance.

As we reflect on cases involving Atiku and Tinubu in jurisdictions with robust legal systems, such as the United States, insights into the importance of adhering to legal principles emerge. International legal norms broaden our understanding, emphasizing that the silver bullet is not a mystical solution but a collective commitment to upholding ethical and legal standards. This commitment remains the hope for Nigeria’s future—a nation where justice should be served equitably, unshackled by prejudice or corruption.

Let me mention that deeply held socio disease called corruption, it is everywhere but Nigerian own nawa. Corruption, a malignant force that corrodes the foundations of justice, should have no place in a society governed by the rule of law. Chief justices of the Nigerian supreme courts, one after the other, have talked about the insidious nature of corruption and its deleterious impact on legal proceedings, of which some are part of it. The Atiku fight many Nigerians say is dead on Arrival due to whatever Nigerian factor.

Empowering individuals to demand transparency and integrity within the legal sphere is essential to our existence. My hope and dream is for each one  in Nigeria especially in the legal institutions to become  armed with knowledge about the corrosive effects of corruption, to become an advocate for clean, ethical governance, ensuring that legal processes remain unsullied by bribery, favoritism, or underhanded dealings.

This takes me back to the case of Lawan vs, Machina where concerns about fairness in Senator Ahmad Lawan’s Yobe North election arise, especially raised by Professor Mike Ozekhome. Lawan didn’t participate in Yobe North election, yet the Supreme Court declared him the winner. Was corruption or irregularities suspected, possibly? Or we will never know, but there is God ooo! According to Madam Patience Jonathan wife to former president Goodluck Jonathan.

Take the case of Deputy Senator Ike Ekweremadu, his wife Beatrice, tried and convicted in a London court, exemplifies how justice can prevail when integrity becomes the cornerstone of legal proceedings. In contrast, Nigeria has often been marred by compromises, fear, influence, and external pressures, which have allowed cases to be decided not on their merits but on extraneous influences. This prevailing atmosphere has hindered the country’s progress, allowing dishonesty and corruption to seep into the very fabric of its institutions.

As a psychologist my purpose is not to engage in legal debate with lawyers like Sir Nyiwo but rather to shed light on the urgent need for a change in our collective mindset. It is imperative that we abandon obsolete beliefs and embrace a new ethos rooted in integrity, accountability, and a steadfast commitment to the truth.

As Nigeria navigates this pivotal juncture, it must do so with an unwavering commitment to change. It is not just about Atiku Abubakar; it is about the future of Nigeria. The nation’s leaders, legal professionals, and citizens alike must come together to build a society where the rule of law is sacrosanct, and justice is blind to fear, emotions, pressure, religion, and bribery.

I really believe that Nigeria can forge a path toward a future where integrity and justice prevail, and where the lessons from America’s legal system serve as a guiding light towards a more transparent and equitable society. The time for change is now, and it begins with a collective commitment to a new, principled Nigeria.

Nigeria, as an institutional democracy in the quest for a just society, education emerges as the most formidable weapon. By imparting knowledge about the non-sentimental, impartial, and incorruptible facets of the rule of law, individuals Nigerians in general can transform from mere spectators to proactive agents of change. The legacy of a society grounded in ethical governance becomes a shared responsibility—one that Nyiwo and others, not because we want to copy Oyibo ways but to enlighten minds and nurture a collective commitment to upholding the pillars of justice. Together, we usher in an era where the rule of law reigns supreme, untainted by sentimentality, and where justice prevails, unshackled by prejudice or corruption.

Professor John Egbeazien Oshodi, who was born in Uromi, Edo State, Nigeria, to a father who served in the Nigeria police for 37 years, is an American-based police and prison scientist and forensic, clinical, and legal psychologist. A government consultant on matters of forensic-clinical psychological services in the USA; and a former interim associate dean and assistant professor at Broward College, Florida. The Founder of the Dr. John Egbeazien Oshodi Foundation, Center for Psychological Health and Behavioral Change in African Settings. A former Secretary-General of the Nigeria Psychological Association. In 2011, he introduced state-of-the-art forensic psychology into Nigeria through N.U.C. and Nasarawa State University, where he served in the Department of Psychology as an Associate Professor. He has taught at various universities and colleges including Florida memorial University, Florida International University, Broward college, Lynn University, and a contributing faculty member at the Weldios university in Benin Republic, Nexus International University, Uganda, Nova Southeastern University and Walden University in USA.