By Henry Ojelu
Adekunle Edu is a Senior Advocate of Nigeria, SAN, and former Welfare Secretary of the Nigerian Bar Association, NBA. He currently serves as the head of NBA representatives at the General Council of the Bar. In this interview, he discusses misrepresentation of court judgments, police welfare, constitutional amendments, abuse of the Cybercrime Act, and other burning issues in Nigeria. Excerpt
There is a growing trend of litigants and even government officials misrepresenting court judgments to suit their narratives, often leading to public misinformation and distrust in the judiciary. How can the legal profession address this, and should sanctions be imposed on parties who deliberately distort court rulings?
It is a very unfortunate situation that we have found ourselves in. However, recall that the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, made some statements condemning this practice when My Lord was sworn in as the Chief Justice of Nigeria. Any interview done by any counsel to a case that is not reflective of what actually transpired in the court is professional misconduct. Cases are conducted in the courts, not on television. Legal practitioners are forbidden from giving narratives not reflected in a court’s judgment or proceedings. Legal practitioners who deliberately mislead the public about proceedings of court are not helping the justice system.
The sanctity of our courts requires that the courts must be respected and the proceedings dignified by all. Lawyers, being ministers in the temple of justice, should not be seen or heard desecrating the altar of justice by attributing to a court what never happened.
There are growing concerns that law enforcement agencies are increasingly misusing the Cybercrimes Act, especially its provisions on cyberstalking, to harass journalists, critics, and private citizens. What are your thoughts on this trend, and what reforms would you recommend to safeguard freedom of expression while addressing genuine cyber threats?
I agree with you that the provisions of the Cybercrimes Act are now being weaponised against the less privileged and lowly placed in society. It is very unfortunate that our security agencies and the EFCC, who should be more concerned with serious and violent crimes that are now bringing the nation to its knees, are acting as agents of politically exposed persons and the so-called big men in society who are afraid of the truth.
I do not support careless publication of defamatory statements against any person, but the issue of defamation and libel are civil wrongs and should never be criminalised. The ECOWAS Court of Human Rights has decided against the use of the Cybercrimes Act to shut down free speech by citizens who are angry with the impunity and mismanagement of resources by politicians. The Constitution has guaranteed freedom of speech, and no law can take it away.
I will enjoin the courts to be proactive and do justice by refusing the criminalisation of free speech through the Cybercrimes Act. The media, which constitutes the fourth realm of the estate, and citizens too, have the constitutional responsibility to act as checks and call on the government and their officials to account.
In the face of rampant corruption and looting of public funds, the rascality of some of the leaders in power, and the abject exhibition of incompetence by many political leaders, the court—as the last hope of patriotic citizens—must not allow the weaponisation of the Cybercrimes Act to silence the media. It now seems obvious that the law was made to protect the ruling class. If we allow this to continue, our democracy is gone—gone for good—because no one would be able to hold those in power accountable any longer.
How do you assess the legality and broader constitutional implications of the recent protest by Nigeria Police officers over the management of their pension funds, especially considering that the Police Act prohibits officers from unionising or protesting?
There is no law prohibiting policemen from protesting or joining any union to cater for their interests. Protesting is a recognised form by which a citizen may exercise his constitutional right to freedom of expression. Every citizen also has the constitutional right to assemble and associate with other persons to pursue their own interests.
I believe unionism will actually do the police a lot of good, as it will create a recognised platform to agitate for the rights and improvement of the welfare of police officers. I support unionisation in the Police force. Sadly, the Nigeria Police of today seems to be too politicised.
It is sad that a policeman who served his country for many years and retired cannot be assured of the timely payment of his pension and gratuity—which, in reality, is a miserable sum. Recently, I watched a video clip of a retired Chief Superintendent of Police lamenting being paid N6 million as his gratuity after serving in the Police force for more than 30 years.
This is the story of most civil servants in Nigeria, not only the police. You will be shocked to hear that former governors who governed their states for only four years take close to N500 million as gratuity and other benefits, including four vehicles with chauffeurs, houses built for them, local and foreign medical holidays every year, and security and domestic aides for them and their wives for life. Nigerians should know where their problems are.
The political leadership deliberately has misplaced priorities. No policeman should be earning less than N300,000 per month. In fact, they should be earning more than political office holders. Stories of their pension contributions being looted are not news. There are many wrongs in the policing system in Nigeria, and I think it needs radical reform. A Police force where the rank and file are treated as if they are not important while their bosses are living large, is actually a security threat to all Nigerians.
They can turn their guns on the citizens. It is, therefore, our collective responsibility to ensure that our policemen—serving or retired—are well catered for.
Given the diverse and often conflicting submissions from citizens during the ongoing constitutional review public hearings across the country, what key amendments do you believe are both legally feasible and nationally unifying at this stage of Nigeria’s democratic development?
Let me just say it straight. The demand for the creation of more states is a disgusting distraction and should be rejected outrightly. Most of the states in Nigeria cannot survive without federal allocations. Corruption is also very rife at the state level.
With all the billions of naira allocated to the Niger-Delta states since 1999, what have they done with it? Rather, such states now have a situation where every top politician is a billionaire. The craze for state creation is just to satisfy some godfathers who are desirous of having their own fiefdoms. The solution to all these is even and fair development—period.
The appointment of the Chairman and members of INEC should be removed from the hands of the President. The President should not be the one to nominate the Chairmen of anti-corruption agencies. Vacancies for such appointments should be thrown open to the public and advertised. The screening should also be public. A body like the National Judicial Council should take charge of this process, provided that the composition of the NJC itself is enlarged to include civil society.
Another area I would want considered is the revenue sharing formula. Those that have oil and other mineral resources should have at least 50% of the revenue generated therefrom. The items on the Exclusive List regarding the executive powers and responsibilities of the Federal Government should be drastically reduced. Power should go back to the grassroots—the people. They are not in Abuja but in the various states and local government areas.
Independent candidacy should be considered as a check against godfatherism in the political parties. The subject matter jurisdiction of the Supreme Court should be reduced. Not every kind of case must go to the Supreme Court. Only matters of constitutional and significant public interest should go to the Supreme Court.
With widespread economic hardship and growing public frustration, how do you view the moral and constitutional responsibility of political leaders who appear more focused on strategising for the 2027 elections than addressing urgent governance and welfare issues?
All eyes and ears are now on 2027. Governance has been abandoned in many states. The ruling party is receiving decampees, and new alignments are forming. It is a culture in Nigeria.
It tells us that most politicians are only there for their personal interests. I do not blame them. I blame Nigerians who still allow themselves to be deceived by the politicians.
In most of these states, there is no pipe-borne water, no well-equipped hospitals, and no good or motorable roads. In some states, pupils are still sitting on the floor in schools with roofs blown off. These same governors are the ones campaigning for a second term.
In the light of the recent U.S. visa restrictions on certain Nigerians, what do you see as the legal and diplomatic implications for innocent citizens, and what steps should the Nigerian government take to protect national dignity while addressing the concerns raised by the U.S?
The average Nigerian is not bothered about the visa brouhaha with the United States embassy. However, I see it as a slap and also a wake-up call for the Federal Government of Nigeria. A nation that is beggarly and not inward-looking will be treated with scorn in the international space.
How many times have we heard the President of the United States or the Prime Minister of the UK regularly visiting foreign countries for medical treatment? How does the Nigerian government treat its own citizens? Our detention centres are full of innocent Nigerians. Our courts are congested with cases that take 10 years to conclude.
Dullards and biological mistakes masquerading as humans are appointed into sensitive positions of authority to rule over us. Foreign embassies are not blind to all these. They know and see how we have messed up our country. Would they not be right to shut their doors against us?
However, the single-entry visa and three-month maximum stay will adversely affect regular visitors and innocent businessmen who visit the U.S. It will be a torture to go to the U.S. embassy every year just to renew a visa. For the sake of innocent Nigerians, the Federal Government should intervene and have this issue resolved.
Nevertheless, when our political leaders start treating the country and Nigerians right, foreign countries will also respect us. Let us make Nigeria great so that foreigners will troop to Nigeria for business and vacation. Government has a big role to play for this to happen.
What is your view on the wave of defections and the formation of opposition coalitions ahead of 2027, and do you think these political realignments strengthen or weaken Nigeria’s democratic process and ideological integrity?
I am not bothered about the defections. I laugh when I listen to defecting politicians telling lies that they defected to protect and pursue the interests of their constituents. That is a huge lie. I hope Nigerians will not be deceived this time.
It is the right of a politician to defect, but with the recent bastardisation of constitutional provisions regarding defection of legislators, it is now a free-for-all. The law no longer matters. We now have entire members of a state House of Assembly defecting to another political party.
Who will be the Speaker to accept the notice of defection and declare the seats of the defecting legislators vacant? Our politicians sure do know how to mess up our laws.
The legal profession is not immune from allegations of corruption and compromise. What should be done to restore the profession’s credibility and enforce ethical discipline among lawyers and judges alike?
Members of the legal profession are guided by the Rules of Professional Conduct, 2023. I am currently the head of the NBA representatives at the General Council of the Bar—the body that makes rules regulating the legal profession. We are currently reviewing the RPC to address new ethical challenges in the legal profession.
The profession has faced ethical issues arising from the conduct of some of its members, but there are fora to deal with them. The Legal Practitioners Disciplinary Committee and the Legal Practitioners Privileges Committee are conferred with disciplinary powers over lawyers and Senior Advocates, respectively.
The NBA working with these statutory bodies and the Body of Benchers, continues to ensure that integrity remains our core.
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