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KWASU Don Urges Legal Reforms to End Discrimination Against Polygyny in Nigeria

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Stephen Olufemi Oni, Ilorin

A Professor of Comparative Law at the Kwara State University (KWASU), Malete, Professor Najeem Adeyemi Ijaiya, has called for far-reaching legal reforms to stop what he described as systemic discrimination against polygyny and its adherents in Nigeria’s legal framework.

Professor Ijaiya made the call on Tuesday while delivering the 2nd Valedictory Lecture of the Department of Islamic Law at the KWASU Mini Convocation Arena, Malete, ahead of his retirement from academic service. The lecture was titled Law as an Instrument of Social Change: Any Hope for Polygyny?

Speaking before a distinguished audience that included members of the university management, legal practitioners, judges, scholars and students, the senior academic argued that Nigerian law has largely favoured monogamy inherited from English common law, to the detriment of marriages conducted under Islamic and customary law.

“As a product of polygyny myself, I am deeply concerned that polygyny is being painted negatively in Nigeria, not only by civilisation but also through legal instruments,” Ijaiya said. “Yet, law is meant to be an instrument of social change. The question is: why has the law turned against polygyny in a plural society like ours?”

He noted that Nigeria operates a plural legal system that recognises customary law, Islamic law and received English law, but lamented that statutory provisions have elevated monogamous marriage above other lawful marriage systems.

According to him, constitutional and statutory provisions have created an uneven playing field by conferring what he described as “national status” on monogamous marriages while localising Islamic and customary marriages, under which polygyny is practised.

“The validity of marriage systems under Islamic and customary law should not depend on the nod of common law,” he said. “It is unjustifiable for the law to criminalise a man who switches from monogamy to polygyny through the offence of bigamy, while applauding a man who abandons polygyny for monogamy.”

Ijaiya also faulted policies such as the National Health Insurance Scheme, which he said were designed with monogamous families in mind, thereby disadvantaging polygynous families with larger household sizes.

He further criticised inheritance practices that exclude children from polygynous unions contracted after a statutory marriage, describing them as unconstitutional and contrary to the spirit of equality guaranteed by the 1999 Constitution.

However, the professor said recent judicial decisions offered renewed hope, citing the 2024 Court of Appeal judgment in Mohammad v. Mohammad, which affirmed the inheritance rights of wives and children from subsequent Islamic marriages.

“The court has made it clear that a marriage under the Marriage Act cannot vitiate a subsequent marriage under Islamic law,” he said. “This decision shows that law can indeed serve as an instrument of social change, even for polygyny.”

Addressing concerns about gender equality, Ijaiya argued that polygyny should not be condemned wholesale, stressing that abuse can occur in both monogamous and polygynous unions.

“What the law should do is not to criminalise polygyny, but to regulate it,” he said. “Women in polygynous marriages deserve protection, dignity, property rights and enforceable maintenance, just like women in monogamous marriages.”

He proposed several reforms, including equal legal recognition for polygynous marriages, optional civil registration of such unions, review of bigamy laws, harmonisation of marriage certification, and the enactment of Islamic and customary marriage laws by states to complement the Marriage Act.

Ijaiya also proposed the establishment of a Centre for Law and Social Change at KWASU to drive research and policy advocacy on pressing social issues.

In his remarks, the Vice-Chancellor of KWASU, Professor Shaykh-Luqman Alade Jimoh, commended the valedictory lecturer for his decades of scholarship and service to legal education, describing the lecture as intellectually stimulating and socially relevant.

The event marked a significant milestone for the Faculty of Law, as Professor Ijaiya reflected on an academic career spanning nearly three decades across the University of Ibadan, University of Ilorin and Kwara State University.

“Polygyny is not an aberration to be tolerated in silence,” he concluded. “It is a legitimate expression of cultural diversity and marital choice. Law must rise above prejudice and reflect the plural values of Nigerian society.”

Deputy Senate Leader, Senator Lola Ashiru, and Hon. Justice Isa Ayo Salami, Former President Court of Appeal Nigeria (Rtd) CFR, were among the dignitaries in attendance.

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We’ve Known Each Other Since the 90s; I’m Qualified to Call Him a Scumbag – El-Rufai

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Fabian

Former Kaduna State Governor and former Minister of the Federal Capital Territory, Mallam Nasir El-Rufai, has weighed in on the Senate’s decision to reject the inclusion of real-time electronic transmission of election results in the proposed electoral reforms.

Speaking in an interview with Trust TV, El-Rufai was asked to react to reports that some members of his party, the African Democratic Congress (ADC), including Peter Obi, staged a protest at the National Assembly on Monday over the issue. In his response, he stressed that electoral reforms must be approached transparently and without undue external influence.

El-Rufai expressed confidence that the Senate’s electoral committee would eventually recommend the reinstatement of the provision for real-time electronic transmission of results.

He noted that many senators are experienced public officials who have previously served as governors, ministers, and legislators, and are genuinely committed to strengthening Nigeria’s democracy. However, he argued that their efforts are being overshadowed by the actions of the Senate leadership, including Senate President Godswill Akpabio.

According to El-Rufai, the controversy should not be blamed on the Senate as an institution but on its leadership. He alleged that the presiding officer was acting under external pressure and not in line with the collective will of the majority of senators.

He further predicted that when the Senate reconvenes, lawmakers would be forced to unite, resist such pressure from the leadership, and ensure that the proposed reforms are not undermined.

In a strongly worded remark directed at Akpabio, El-Rufai said:
“I do not consider him distinguished. We have known each other since the 90s. He knows how far we’ve been through, and I think I am qualified to call him a scumbag—and he knows why.”

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Electronic Transmission: This Is Just a Warning Protest, We’ll Wait Till Tomorrow – Isaac Fayose

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Fabian Apechihin

Businessman and activist Isaac Fayose has described Monday’s protest at the National Assembly complex as only a warning, insisting that more action may follow depending on the outcome of lawmakers’ deliberations.

A cross-section of Nigerians on Monday morning converged on the National Assembly to demand that electronic transmission of election results be made compulsory in Nigeria’s electoral laws.

Although the Senate has issued several clarifications amid reports that it rejected electronic transmission of results, protesters maintained that lawmakers must go further by explicitly inserting the phrase “real-time electronic transmission” into the proposed legislation.

In response to the public outcry, the Senate announced on Sunday that it would hold an emergency plenary session on Tuesday to address the concerns.

Speaking to journalists during the protest, Fayose said the decision taken at the emergency sitting would determine whether the demonstrations would continue.

“We all know what happens in a collation room,” he said. “A collation room is where you soak garri with water at night and by morning it has swollen and turned into eba.

“For Nigerians to be satisfied, what we need is electronic transmission of results. They are already trying to deny it. Let’s wait till tomorrow. This protest is just a warning.”

Fayose also questioned the logic of abandoning electronic transmission after huge investments had been made.

“Something we spent close to a trillion naira to achieve, you now want to throw it away? That’s like taking our money and dumping it in the gutter. It cannot happen,” he added.

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US Judge Issues Final Ultimatum as FBI, DEA Delay Release of Tinubu Records

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Fabian Apechihin

A United States federal judge, Beryl A. Howell, has sharply criticised the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) over what she described as deliberate delays in releasing records related to Nigerian President Bola Tinubu.

The documents are being sought through a Freedom of Information Act (FOIA) request filed in 2022 by transparency advocate Aaron Greenspan, with backing from investigative journalist David Hundeyin. The records are expected to provide details on a narcotics-related case from the early 1990s that led to Tinubu forfeiting $460,000 to the U.S. government—allegations he has consistently denied.

In a ruling delivered on February 3, Judge Howell of the U.S. District Court for the District of Columbia rebuked both agencies for repeatedly missing court-ordered deadlines, noting that the case has dragged on for more than three years without substantial progress.

She subsequently imposed new deadlines, warning that further delays would no longer be tolerated.

Greenspan, the founder of transparency platform Plainsite, filed the FOIA request in June 2022. In 2023, the FBI announced it would release approximately 2,500 pages of Tinubu-related records in monthly batches of 500 pages. However, the process stalled after Tinubu opposed the disclosure, requesting a delay pending the outcome of a Nigerian Supreme Court case challenging his election victory. He argued at the time that releasing the records would “adversely affect” him.

Although Judge Howell approved the temporary pause and Tinubu’s election was later upheld, the FBI and DEA continued to seek extensions, further slowing the release of records linked to longstanding allegations of involvement in cocaine trafficking.

Court filings show that the FBI was expected to submit an updated status report in May 2025, but delayed until January 2026, when it sought yet another extension to February—prompting sharp criticism from the court.

“Defendant FBI has produced no records, despite initially anticipating completion of searches by August 1, 2025,” Howell stated, adding that deadlines had been repeatedly shifted with “minimal explanation.”

She further noted that, like the DEA, the FBI had failed to provide a credible timeline for completing the processing and release of the requested documents.

Judge Howell also dismissed the DEA’s justification for withholding documents for more than six months under the guise of inter-agency consultations.

“Defendant DEA has produced some documents … but has repeated the same explanation for six months and four joint status reports concerning twelve remaining pages not yet released,” she said.

The court ordered the DEA to provide Greenspan with a Vaughn index detailing the legal basis for redacting 50 pages and withholding 172 pages of the records. The agency was also directed to submit sworn affidavits explaining, page by page, when the remaining documents were sent for consultation, expected review timelines, and steps taken to expedite the process.

Similarly, the FBI was ordered to file sworn statements accounting for its repeated failure to meet court deadlines and to begin releasing all non-exempt Tinubu-related records. The bureau was instructed to deliver an initial batch within two weeks of January 30, 2026, submit a detailed schedule for releasing the second batch of 500 pages by March 13, and complete full disclosure by June 1, 2026.

Judge Howell further ordered both agencies to file joint status reports every 14 days, starting February 27, until all responsive records have been processed and released.

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