The former governor of Rivers State—Donald Duke—had trumpeted how the United States Embassy had placed Nigerian Supreme Court Justices on its visa ban.

He made the provoking allegation during a book launch of Justice Charlse Archibong titled—A stranger in their midst. Justice Archibong had served on the bench of the Federal High Court from 2002 to 2013.

Also in one letter from the American Consulate shared by Independent.ng and dated 15th of February, 2023, the American Consular Officer, Jay M. Sorenson communicated the visa ban to a Justice of the Supreme Court, Honourable Justice Kudirat Kekere-Ekun citing her involvement in “sanctioned activities” as reason for the rejection.

The said letter reads in part, “Dear Visa Applicant,

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive visa under the following sections of the Immigration and Nationality Act.”

The letter further stated that the visa ban was done pursuant to Section 212 (a)(3)(c) of the Act.

According to a statement by the American Secretary of State, Anthony J. Blinken dated January 25th, 2023, on the U.S State Department website, “Under Section 212(a)(3)C) of the Immigration and Nationality Act, these individuals will be found ineligible for visas to the United States under a policy to restrict visas of those believed to be responsible for, or complicit in, undermining democracy in Nigeria.”

The statement added, “Additional persons who undermine the democratic process in Nigeria—including in the lead-up to, during, and following Nigeria’s 2023 elections—may be found ineligible for U.S. visas under this policy.”

According to the US Secretary of State, “The decision to impose visa restrictions reflects the commitment of the United States to support Nigerian aspirations to combat corruption and strengthen democracy and the rule of law.”On 28th January 2020, the Nigerian Supreme Court had delivered a shocking judgment. The judgement, which removed Emeka Ihedioha of the PDP—People’s Democratic Party—as Governor and replaced him with Hope Uzodinma of the APC—All Progressive Party—who was the third runner up was delivered on January 14 2020 by Justice Kudirat Kekere-Ekun. Constituting the panel of justices were Justice Ibrahim Tanko Muhammad, late Justice Nwali Sylvester Ngwuta, Justice Olukayode Ariwoola, Justice Amiru Sanusi, Justice Amina Adamu Augie and Justice Uwani Musa Abba Aji.

The Judgement attracted widespread criticism and earned the Governor (Hope Uzodinma) the nickname “Supreme Court Governor”.

According to the judgment, the first issue raised by the respondent—that the appellant was nominated by two political parties—was squashed by the Supreme Court on the grounds that fresh allegations should not be brought on appeal, and if they must be brought, it must be specifically pleaded—which they did not do. However, the second bone of contention which was the contentious suit, and had invoked riotous comment, was hinged on the fact that, the appellant was denied of some votes casted during the election, and so, had impeded his chance of winning. The Supreme Court justices upheld this view and had made, the appellant the winner of the election. This judgment has been severely criticized both nationally and internationally.

This is not the first instance where the United States is giving such bans for actions undermining democracy. In 2018, Reuters reported that the United States had issued visa ban restrict entry to certain individuals involved in Cambodian government actions to undermine democracy, including the dissolution of the main opposition party and imprisonment of its leader Kem Sokha, following the run-up to Cambodia’s July 29 election.

It must be rightly advised, that the International Community is watching the acts and actions of the Nigerian society, the Supreme Court inclusive, and that judgment should be hinged on substantive justice as against technicalities. Our democracy must be strengthen and this can be done by doing justice.

According to Associate Professor of Journalism & Emerging Media at Kennesaw State University—Farooq Kperogi—he stated in his thought-provoking reply to the Supreme Court that Some judgements pervert justice. According to him, “At this rate, this Supreme Court of judicial

bandits may give us a ‘Supreme Court president,’ that is, a person who comes fourth (a la Hope Uzodinma of Imo State) in the presidential election but who has enough money to ‘ask for’ a favorable judgement from the two-bit mercenary charlatans at the Supreme Court.”

Attempts by TheNigeriaLawyer to verify the authenticity of the said letter was not fruitful as the embassy staff declined confirming or denying the letter, stating that it is not within the province of their duties to disclose the status of individuals’ visa applications.

However, as the 2023 General elections draw closer and the Courts are preparing the adjudicate over electoral disputes once again, it is important that judicial officers bear in mind that the international

community is standing on the byline and watching all key actors with keen attention, and those who allow themselves to be lured into sabotaging the will of the Nigerian people through judgements not founded on true justice will attract diverse forms of sanctions from the international community.

In conclusion, it is expected that the Supreme

Court becomes more just in its judgment, as technical justice most times override substantial justice. The world is watching.

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