Rejoinder To Ozekhome’s Belated Alarm on the Risks of Nigeria as a One-Party State: Welcome The ‘One Party’ Judiciary, no more Dissenting Judgments; Welcome the Stomach Infrastructure Lawyers, no more Human Rights Lawyers (Falana as the Last Man Standing)

By Tonye Clinton Jaja

On 11th May 2025, Prof. Mike Ozekhome, SAN was reported to have raised an alarm that Nigerian was in danger of becoming a One-Party State.

This is the same thing that he predicted in February 2025, when he stated as follows: “The lie that Nigeria is operating a multi-party system of politics or government, with a whopping 18 legally registered political parties (see: INEC, 2023), is daily being perforated by the actual practice of politics (realpolitik, as the Germans call it) in the country; a classic example of appearance being way different from reality.”

However, his alarm is a bit belated. Nigeria is now a full-fledged one party State as evident by the recent public proclamation by the Governor of Anambra State, that his political party fully supports President Bola Ahmed Tinubu-PBAT’s as it’s 2027 Presidential candidate.

It is not only within the political system that we are witnessing the death of the opposition. Within the Judiciary, there is also the death of any opposition, as represented by dissenting judgments.

Look at the judgments delivered by the Supreme Court of Nigeria from the case of Hope Uzodinma when he was declared Governor of Imo State to the most recent judgment of Hon. Justice Emmanuel Akomaye Agim, JSC, there was no dissenting judgment.

During our days as law students, we were taught that dissenting judgments (referred to as obiter dictum) played an important role in the judicial system because they could be cited as persuasive authorities, while the lead judgment held the role of the ratio decidendi (reason for the decision) and the compelling authority.

Dissenting judgment served an important role as the basis for future reversals of lead judgment by both the Supreme Court and other superior courts. It also served as the basis for enactment of legislation to set records straight.

However, the current and prevailing judicial attitude is that there is no more any dissenting judgments; all judgments appear to be concurring judgments that support and validate the lead judgment.

This appears to be a carry-over from the current pandemic of DEFECTIONS in Nigeria – from opposition parties to the ruling majority party.

Ironically, one lawyer has stated that the current President (PBAT) stayed in the opposition party from his days as Governor of Lagos State in the year 1999 until his opposition party won the general elections of the year 2015.

As we know, the reason for switch from opposition party to the ruling party is not based upon any party ideology but driven solely by personal and material interests which we popularly refer to as “stomach infrastructure”!!!

It is not only within the judiciary. The Nigerian Bar which consists of all qualified lawyers is also witnessing an epidemic of defections from previous public interest/human rights lawyering to the lawyering for private pecuniary interests.

In other words, “stomach infrastructure” lawyering is of paramount importance!!!

Some leading lawyers who used to be branded as human rights lawyers are no more prominently recognised as public interest lawyers.

Femi Falana SAN however appears to be the last man standing, as he has consistently continued to institute public interest litigation and advocacy for accountability by public officials.

Most recently, he has called the EFCC to investigate the public officials involved in the diversion of $3.4 billion funds meant for distribution to ordinary Nigerian citizens as palliatives for the COVID-19 pandemic!!!

All hope is not lost, not yet!!!

• Dr. Tonye Clinton Jaja is a lawyer and public affairs analyst
• The views expressed in this article are entirely those of the author and do not represent the opinion of CITY LAWYER Magazine, its publishers or proxies