Reference To Kiss Daniel’s ‘‘Lo Lo Lo Buga’’ By The Osun Election Tribunal Chair Justice Terste Kume, Humour, Joke, Insult Or Mockery

On Friday, 27th of January, 2023, the Osun State Governorship Election Petition Tribunal sitting in Osigbo delivered judgement in the election petition filed by the Immediate past Governor of the State and Governorship Candidate of the All Progressives Congress, Adegboyega Oyetola against the current Governor, Ademola Adeleke, the PDP and INEC over the outcome of the 2022 Guber election.

In a 2-1 judgement of the Tribunal, it was held that the APC Candidate, Oyetola was the valid winner of the election having discovered cases of over-voting and deducting same from both parties. After the deduction, the APC is was recorded to have scored 314, 931 votes, while the APC scored 290,666 votes.

As reactions continue to trail the decision, one aspect of the judgement that has elicited the reaction of the general public and legal practitioners is the last page of 107-page judgement where the Tribunal made reference to popular Nigeria song “Buga”.

The controversial paragraph reads, “The 2nd Respondent cannot “go lo lo lo lo” and “Buga won” as duly elected Governor of Osun State in the election conducted on 16th day of July, 2022. See Kizz Daniel song, BUGA.”

While many persons have seen nothing wrong with the remark by the Tribunal Chair, Benue born Justice Terste Kume, several others have classified it either as a joke taken too far, an insult to the seriousness of judicial business or a mockery of Governor Ademola Adeleke who is known for his dancing skills.

Social media platforms have been flooded with different reactions and interpretations to the reference to “Buga” by the Judges.

Some of the comments sighted by TheNigeriaLawyer on some social media platforms are below:

“Let’s put this part of the judgment into a proper context.

You would recall that Adeleke, after the declaration of his victory by INEC, excitedly danced to Kiss Daniel’s “Buga won” tune in celebration of his victory.

Now, in this judgment of today’s, a Judge is quoting and referencing the same song that Adeleke danced to, apparently deriding him for celebrating in vain.

How could a Judge be so crass, uncouth, and unprofessional?

It is a sad day when Judges start quoting musicians rather than sticking to the rationes in decided cases and specific provisions of the law. Quoting musicians in judgments and passing obiters with no legal relevance is as unprofessional as it can ever get.

English is the language of the law. Pun is allowed, but it can only be executed in English. A judge who descends so low to this level of ordinariness and who comes across as celebrating with Adetola for winning the election petition should be sanctioned without delay.”

Another person wrote: “one major question arising:

Was there anywhere in his pleading, argument or otherwise, during the proceedings, that the Respondent had said or boasted by saying anything like that he would dance lo lo lo buga?. If there was none, exactly what did the judge have in mind when he was declaring that the Respondent cannot go lo lo lo and buga won as the duly elected Governor of Osun State? That needless statement by the judge, and the manner it’s used, may have, in the eyes of many a reasonable man, represented the judge as saying something like *dear Respondent, you can’t dance your way to victory in an election” or _”you no fit become the Governor of Osun State by dancing buga” or the office of the Governor of Osun is not for buga dancers”

Different people might use different words. But one thing is clear, the manner of the use of that expression is derisory, and such was absolutely uncalled for.”

Someone else described the choice of words by the Judge of as a joke taken too far though he sees nothing wrong in adding a bit of humour to the judgement.

“So, I have read the portion of the judgment in which Kiss Daniel’s lyrics were used.

I hold the view that a little humour can be added to an otherwise serious conversation to lighten the mood.

I, myself, have been criticised on occasion for bringing humour into a conversation. It is a matter of style and does not, in any way, affect the correctness of a decision.

I think their Lordships were well within their rights to throw in a joke. Unfortunately, in this case, the joke was a little too lengthy and dry, and in any matter relating to elections, easily get excited.

For example, we have been here on this platform for months talking about politics while other issues, perhaps more serious, have come and gone.

That being said, I pity their Lordships for the bashing they’ll receive in the coming days for what I consider to be an innocent and lawful obiter.”

Another commentator added, “For me, there’s nothing absolutely wrong with the choice of words of the judge in his judgement. It’s only a coincidence that Adeleke happens to be a dancer.

If Adeleke feels not satisfied with the judgment, he has the liberty to Appeal the judgment even up to the apex Court.”

Another person wrote on social media that the remark was wrong, and an indication of bias and insensitivity.

“On this, they were wrong to say that.
It actually is very insensitive and shows bias on their side
Since when do we make jokes at the expense of a losing party so to say.
What this people are doing is very unfair tbh!
Utterly disgusting.”

Someone else wrote, “Sir, respectfully, quoting the lyrics of music artiste in judgements may not be encouraging to the ethos of our profession. Law is a conservative and a noble profession. No matter how dynamic or progressive we want to be, we should not tour that line please.

Also, Daniel Kizz is a very fine singer, who had issues with the law in, and outside Nigeria. He is not a good role model whose name should be reflected in our judicial precedence. Also, by the time we start quoting songs in judgements, the implications we are giving the younger Lawyers is that dressing like this artistes whose song we are quoting is Ok in legal Profession. So whenever we see them dressing and making haircuts like Daniel Kizz, we should know that there is a ‘ judicial precedent’ on Kizz Daniel, and’ that the court has taken judicial notice’ of Kizz Daniel. So whenever our young lawyers behave like Daniel Kizz in court rooms, My Lords should know that there is a ‘judicial motivation’.

Again, it’s a notorious fact that Adeleke is a Dancer, popularly known as the Dancing Governor. By alluding to Buga, and its lyrics, I must submit, respectfully, his Lordship has gone too far beyond judicial creativity. That rendition could be seen as an innuendo alluding to the personality of Adeleke, which will in turn, cast stain on the impartiality expected of a judge.

I believe we should draw a line between judicial creativity and unnecessary intellectual adventures when writing a judgement. If not so one day we will begin to quote armed robbers, Yahoo Boys, Bandits, terrorists and ritualists in our Judgements. And that will desecrate the sanctity of judiciary as the temple of justice.”

While the reference to “Buga” by the Chairman of the Osun State Governorship Election Petition Tribunal, Governor Ademola Adeleke, has attracted different interpretations from different category of persons, it should be noted that Nigeria’s judicial decisions have a record with making allusions to literary works and other works of art. While the Judge must be constrained within the circumference of nobility in the language used in delivering judgements, judicial precedence — both Nigerian and common law — has shown Judges employ flamboyancy in language and engaging poetic dalliance to drive home their points.

Governor Ademola Adeleke has confirmed that he is proceeding to the Court of Appeal to challenge the judgement, and pundits will watch keenly to see if the reference to “Buga” would be of any substantial consequence or relevance in maintaining and deciding the appeal.

In any event, the controversy which the remark has generated should guide our Judges to be more circumspect in their choices of words, taking cognizance of the parties, the social environment and the interpretations that may spring up from such words in sequel decisions.

This would ensure the judiciary is not dragged to be court of public opinion, and is not made subject to disparaging and insulting remarks.

While allusions are in some instances necessary to illustrate or buttress a point, needless allusions which are of no practical relevance to the jurisprudential strength of a judgement.

It is rather preferable and strongly advisable that Judges should seek to engrave their names in gold through the intellectual strength and jurisprudential robustness of their decisions, rather than stirring controversy through unhelpful remarks and references.