The Nation Newspaper

Category: Law

  • Rights group urges Akwa Ibom A-G

    Activists have urged Akwa Ibom State Attorney-General and Commissioner for Justice Uwemedimo Nwoko to ensure that citizens’ rights are protected.

    They urged the government to pay deserving attention to “series of human rights concerns in the state which require urgent attention.”

    Nwoko, who was also into rights activism before his appointment by former Governor Godswill Akpabio four months to the administration’s expiration, was retained by Governor Emmanuel Udom.

    Civil Liberties Organisation (CLO) state chairman Clifford Thomas said Nwoko’s “has contributed to the promotion of human rights and the legal profession in Akwa Ibom and Nigeria” and should keep the flag flying.

    “Nwoko’s appointment is not only a recognition of excellence in the performance of duty, but a conscious involvement of the human rights community in the observance, preservation and protection of the rights of persons living in Akwa Ibom.

    “It is a call to duty for the community to help the government in identifying areas of concern, and create good entry points into getting government at the state and local government levels to help promote chapters II and IV of the 1999 Constitution (as amended), the African Charter on Human and Peoples’ Rights, and other conventions,” the group said.

     

  • Court dismisses don’s entitlement claims

    The National Industrial Court of Nigeria has dismissed a suit by a university don, Prof Hussain Abdulkareem seeking to order the National Universities Commission (NUC) and three universities to pay his retirement benefits.

    Justice John Peters held that the plaintiff filed the case too late – 25 years after he retired, and that it was caught by the statute of limitation.

    The judge said since the plaintiff joined a public officer, NUC’s Executive Secretary, in the suit, it should have been filed within three months after his retirement as required by law.

    “The claimant in the instant case for over two decades slept over his right to ventilate his grievances through the judicial process,” the judge said.

    The claimant prayed the court to order the University of Lagos (UNILAG), University of Maiduguri (UNIMAID) and University of Abuja (UniAbuja) to pay his entitlements having taught in all them.

    He asked that UNILAG and UNIMAID calculate his retirement benefits and entitlements or get an expert to calculate them; and for UniAbuja to pay his retirement savings of N6.4milliion with Stigma Pension Limited.

    Abdulkareem also wanted interest on the judgment sum at the rate of 25 per cent from November 5, 1989 till verdict and until liquidation of the sum.

    He prayed for N5million as damages for the psychological, emotional and mental trauma he suffered as a result of non-payment of his retirement benefits and entitlements, as well as N2million as legal fees.

    NUC, through its lawyer Mr Kehinde Oginni, objected to the suit on the ground that it was statute-barred and therefore null and void.

    The lawyer said NUC’s Executive Secretary is a public officer and as such the three-month time limit within which to institute an action against him had lapsed since the cause of action arose in 1989.

    Dismissing Abdulkareem’s suit, Justice John Peters agreed with Oginni and held that the plaintiff filed the suit too late last March having retired more than 25 years ago.

    “The General Form of Complaint in this case was filed on 31/3/14. That was about 25 years after the accrual of the cause of action.

    “It is beyond argument that this action is caught by the Public Officers Protection Act not having been brought within the time stipulated by law.

    “One wonders why it has taken the claimant this long to embark on judicial process for the ventilation of his perceived grievances.

    “Unfortunately, the court is only to hold the scale of justice and calls no sympathy to play in the determination of causes and matters which come up for adjudication,” Justice Peter said.

    The judge added that Abdulkareem’s right to seek legal redress had been foreclosed, therefore the court lacked jurisdiction to adjudicate over the matter.

    “Finally and for the avoidance of doubt, I find and hold that this suit is caught by the statute of limitation. The jurisdiction of this court is thus ousted and the right of action of the claimant is foreclosed. This case is dismissed accordingly,” Justice Peters held.

  • Etiaba steps up to SAN

    Etiaba steps up to SAN

    Emeka the scion of the Etiaba family is now a fulfilled man as his childhood dream of becoming a Senior Advocate of Nigeria, SAN has come to reality.  There is a way destine smile on a  man who tenaciously believe in  hard work and the divine intervention of the almighty God on who ever care to surrendered his life for him. Emeka is a typical example.

    The son of the former Anambra State Deputy Governor, Virginia Etiaba, was announced with 20 others to receive the prestigious honour on September 21.

    Emeka’s voyage into politics was not only interesting but a food for thought. He has the knack and tenacity of purpose to  extend his generosity as a private person to a larger level where he would serve his people better and let them have a sense of belonging, but sooner realized that politics is not  a bed of roses  neither a tea party but a serious business where intrigues , scheming and propaganda was the order of the day, unfortunately  he did not cut for such an emblem, but absolute passion to render a service to humanity and possibly take the state to the next level.

    He aspired to rule the Anambra State in 2010 with initial endorsement by the late Nkemba of Nnewi and the National leader of  All Progressive Grand Alliance, APGA  Dim Odumegwu Ojukwu, but the ambition was frustrated by the then Chairman of the party, Chief Victor Umeh and the former Governor of the state,  Peter Obi. Ojukwu used to tell Emeka that “my namesake, you will be the next governor of Anambra State.”  Umeh refused to organized primaries and denied Anambrarian to pick their choice candidate between Obi and Emeka with the fear that Emeka might have his way. With that singular act, Emeka’s ambition in APGA was extinguished. The latest revelation from Umeh was a testimony. Though crossed to PPA, but the music was the same likewise the dancing step.

    Before veered into politics, Emeka has a flourishing law practice, the University of Jos graduate of law picked advocacy from his father. “My father was a lawyer and I can remember that as a child, I used to go to court with him. He had always been in Nnewi, Anambra State. He died in 1987 just before I was called to the Bar. I started my practice in Lagos and revived his chambers in Nnewi. Since I have also added two more chambers, one in Port Harcourt and another in Abuja,  the one in Abuja was turned into a partnership two years ago but the other is  Emeka Etiaba & Co (Etiaba Chambers),” he once said.

  • Will Lagos judicial commission be dissolved?

    Will the Lagos State Judicial Service Commission (LSJSC) be dissolved when the members’ tenure has not expired? This is the question on the lips of observers.

    It was learnt that the tenure of the current members took effect from February 27 and will end on February 26, 2020 following their re-appointment by former Governor Babatunde Fashola (SAN).

    However, the renewal appears not to have been formerly communicated to the new House of Assembly, which, on July 2, urged Governor Akinwunmi Ambode to dissolve the commission following the “expiration” of its five-year tenure in February.

    The call followed a motion by Mr Sanai Agunbiade (APC- Ikorodu 1) and seconded by Abiodun Tobun (APC-Epe 1) during plenary session.

    The motion to dissolve the commission may have been based on the assumption that the tenure of its members had either expired or was not renewed.

    It will be recalled that the immediate past Attorney-General Mr Ade Ipaye, by a July 30, 2009 letter, informed the LSJSC members of their nomination for a term of five years, subject to the lawmakers’ confirmation. On February 25, 2010, they were cleared by the House.

    When their tenure expired, they received letters dated March 10 from the Head of Service Mrs. Shade Jaji informing them of their reappointment with effect from February 27.

    Their reappointment letter, a copy of which our correspondent obtained, reads in part: “I am pleased to inform you that His Excellency, Mr. Babatunde Raji Fashola (SAN) has approved your reappointment as a Member of Lagos State Judicial Service Commission with effect from February 27, 2015. Consequently, your second tenure is expected to terminate on  February 26, 2020.

    “In approving your reappointment, due cognisance has been taken of your integrity, selfless service and record of impressive performance during your first tenure.

    “I, therefore, have no doubt that you will bring your wealth of experience to bear on the work of the Commission and continue to justify the confidence reposed on you by His Excellency, the Governor.”

    It is expected that the Head of Service would transmit the renewal letters to the House.

  • New law to curb torture, delay in criminal trials

    New law to curb torture, delay in criminal trials

    Stakeholders in the nation’s Criminal Justice System gathered in Abuja last week to examine ways of ensuring the success of the newly promulgated Administration of Criminal Justice Act. They were unanimous that the law will only succeed with the commitment of all. ERIC IKHILAE reports.

    On June 8, 2005 five auto-spare parts dealers in Apo, Abuja and their female friend were killed in a hazy circumstance at a police checkpoint in Abuja. They are Ifeanyi Ozo, Chinedu Meniru, Isaac Ekene, Paulinus Ogbonna, Anthony Nwokike and Tina Arebun. The victims, who have since become known as “Apo six,” were said to be returning from a night party when the incident occurred.

    After some initial denials, the state eventually arraigned Danjuma Ibrahim, Othman Abdulsalami (at large); Nicholas Zacharia, Emmanuel Baba, Emmanuel Acheneje and Sadiq Salami (all policemen) in relation to the killing.

    The trial of the policemen has not been concluded about 10 years after they were taken to court. It has suffered several adjournments with victims’ families losing hope in the ability of criminal justice system to ensure that justice is done

    The case of Apo six is one of  such cases currently being held down in court owing to the slow pace of criminal justice administration in the country. The problem of delay in criminal trial is further compounded by the heavy reliance of the police on confessional  statements, mostly obtained from suspects through torture.

    These and many other challenges associated with criminal trial will be a thing of the past when the newly passed Administration of Criminal Justice Act (ACJA) takes effect.

    Stakeholders in the criminal justice administration sector gave this assurance at a sensitisation workshop on the ACJA, which held in Abuja last week by the Centre for Socio-Legal Studies (CSLS) with the support of some foreign agencies.

    The ACJA, being an Act of the national Assembly, will be applicable only in federal courts that conduct criminal trial, including the High Court of the Federal Capital Territory. Only Lagos, Ekiti and Anambra States have enacted similar laws.

    Speakers at the workshop,  including the Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ishaq Bello,  the head, CSLS, Professor Akinseye-George (SAN), the National Project Officer, United Nations Office on Drug and Crimes (UNODC), Ugonna Ezekwem, representative of the Police, David Igbodo, an Assistant Commissioner of Police (ACP) at the Police Legal Department, Police Headquarters, Abuja and Godwin Odoh of the Justice for All (J4A). They  said the purpose of the Act will only be achieved with the support of stakeholders in the Administration of Criminal Justice System.

    Justice Bello said the Act, which seeks to establish a credible Criminal Justice System by addressing all the challenges currently associated with criminal trials in the country, was a departure from the past. He identified key provisions of the Act to include witness protection, victim’s restoration, payment of prosecution witness’s expenses through the court, among others.

    He faulted the general belief that the Judiciary was responsible for the delay associated with criminal trial in the country. He said the success of the new law requires that every stakeholder in the criminal justice system plays their part effectively for the aims of the Act to be realised.

    Justice Bello noted the need for the establishment of necessary laboratories for the production of reports to aid criminal prosecution. He said some of such laboratories for scientific investigation do not exist in the country, and where they exist, they are poorly equipped.

    “The integrity of the system is likely to be impeached if the key components of the system do not play their roles. It is the responsibility of the Executive to make investment in this regard. No matter how well drafted the legislation is, the non-provision of necessary facilities will cripple the intention of the law. Any failure on the part of any stakeholder will hinder the process,” he said.

    The judge added that, as part of effort to ensure the success of the ACJA, prosecution would be limited to trained lawyers at the Ministry of Justice, while the police concentrate on investigative activities.

    “The provision of the law automatically knocks off lay Police prosecutors. The Police should concentrate on investigative activities. The police should direct its resources towards guiding investigation to ensure that thorough investigation is conducted. When this is done, prosecution will be quicker and this will be to the glory of the police also.

    “We consider this phase a transition process. This is why we still allow them (lay prosecutors) to engage in prosecution despite the specific provision of the Act. Once this transition phase is over, we will close shop for lay prosecutors, who engage in prosecution in our courts,” the judge said.

    He said the friction between the Police and the Federal Justice Ministry would not serve the interest of the law and defeat the intention of its makers. He urged the executive to effectively fund the implementation of the Act

    Prof Akinseye-George said if properly funded, the ACJA “will address most of the problems currently facing the administration of criminal justice in Nigeria, especially the delay in investigation and prosecution.

    He assured that it will also eliminate the long period of remand of suspects in prison custody without trial, lack of witness protection, manual writing of court proceedings by judges, reluctance of witnesses and the resultant incessant adjournment of cases and other problems bedeviling the criminal justice system.

    Prof Akinseye-George, who was one of those behind the realisation of the law, said the Act refers to accused persons as defendants,  bans law prosecutors and sets time limit for carrying out arraignment, prosecution and trial of defendants in criminal cases.

    “It also mandates the police to record in video, confessional statement made by a suspect as a way of reducing incidents of use of force or torture to compel suspects to confess to crimes they, perhaps did not commit.

    “ACJA is now applicable in the investigation and prosecution of federal offences as well as in the Federal Capital Territory,” Prof Akinseye-George said.

    He argued that the adaptation of the Act by states of the federation will “reduce the difficulties faced by the justice system in effective and efficient prosecution of criminal cases in the country”.

    Igbodo assured of the police commitment to ensuring the success of the Act. He said the police have enough lawyers to replace lay police prosecutors soon to be phased out.

    Ezekwem commended the country for enacting the ACJA and assured that the UNODC was willing to partner with all stakeholders to ensure the success of the law.

  • Buhari sued for not appointing ministers

    A lawyer and member of the 1995 Constitutional Conference Chief Anselem Eyo has sued President Muhammadu Buhari for not appointing ministers.

    He is praying the court to hold that Buhari ought to appoint ministers on assumption on office as prescribed by the 1999 Constitution.

    The plaintiff argued that it is illegal for Buhari to disburse funds from the Federation Account without the Federal Executive Council’s approval.

    The President’s failure to appoint ministers till now, the lawyer said, is in direct violation of the Constitution.

    Activist-lawyer Ebun-Olu Adegboruwa had also filed a suit at the Federal High Court in Lagos seeking to compel Buhari to appoint ministers.

    Eyo is seeking an order of mandamus compelling the president “to carry out the responsibility imposed on him by Section 147 of the Constitution.”

    He said the non-appointment of ministers since May 29 “has indeed impeded government functions in all the ministries particularly the Ministry of Justice where there is presently no Attorney-General of the Federation to discharge critical functions that cannot be howsoever delegated.”

    In the suit filed at the Uyo division of the Federal High Court, the plaintiff said  the absence of an AGF  ”has created a conspicuous vacuum in the justice sector.”

    According to him, the constitutional duties that are exercisable only by the AGF, including law enforcement and criminal justice administration, have been neglected.

    The consequence, he said, is that the Administration of Criminal Justice Act which seeks to speed-up trials is not being enforced, with innocent citizens languishing in custody across the country.

    He added that the president has “arbitrarily been disbursing funds from the Federation Account without the approval of the Federal Executive Council as stipulated by law.”

    ýBesides, he said President Buhari has been disbursing the usual monthly allocation to the federating units and “embarked upon other engagements involving the expenditure of resources including international travelling such as the G7 Conference in Germany and his visits to other African countries whereby crucial decisions have been taken and money expended arbitrarily without the concurrence of the Federal Executive Council.”

    He alleged that the president’s (in)action breaches Sections 147(1), (2), (3); 148 and 150 of the 1999 Constitution.

    Justice Ijeoma Ojukwu has granted the applicant leave to enable him apply for an order of mandamus compelling the respondent to execute the responsibility imposed on him by the Constitution.

    Eyo was also granted leave to serve the president with all the processes in the suit.

    The judge adjourned to October 12.

     

  • Nigerian and threat of a new Biafra

    Nigeria ranks number seventeen on the Fragile States 2014 index, according to the Fund for Peace (FP), published by Foreign Policy, a think-tank. Surprisingly, South Sudan, which fought-off Sudan, to become Independent, in 2011, ranks number one; while its old foe,Sudan, is at number five. Even beforeFP changedthe nomenclature from failed to fragile states, Nigeria has for many yearsremained among the top nations, with the frightful indices of a failed state. It was on the basis of those statistics, that it was projected that Nigeria would disintegrate in 2015.

    Among the defining indicators of a fragile or failed state, is security apparatus, defined as internal conflict and the proliferation of non-state armed groups. In Nigeria, this indicator will apply to the biggest national threat, the Boko Haram armed conflict, and to a lesser extent, the separatist agitators from the other parts of the country.  Other indicators used by the group, include demographic pressures, refugees and internally displaced persons, group grievance, human flight and brain drain, poverty and economic decline, state legitimacy, public services, human rights and rule of law, factionalised elites, and external intervention.

    The unfortunate threat posed by Nnamdi Kanu and his so called Biafra project, may just be a further manifestation of the security apparatus indicator, inour fragile nation; particularly if they resort to armed struggle. But without doubt,the project is misguided, and will only bring more misery for the champions and for other Nigerians. The piece by Joe Igbokwe, the Lagos state publicity secretary of All Progressives Congress, titled: “Why Nnamdi Kanu’s Biafra project must be stopped” is a worthy intervention. I, however, do not agree with his sweeping statement that “anytime Nigeria wants to change a bad leadership in the country the Igbos as a bloc will resist it”. That assertion is false, albeit a red herring.

    But more importantly, the pretence by Nnamdi Kanu and his group that their agitation represents the 21st century vision of the Igbo, in the Nigerian state,is as jejune as it is false.As Mr Igbokwe correctly proffered in his argument,while urging Igbos to work for the unity of Nigeria based on social justice, equity and fair play;the Igbos cannot be intermarrying with other Nigerians, making huge and massive investments in property in Lagos, Abuja and other state capitals in the country, cooling off in other cities when theirs are under attack, thriving and making connections in other parts of Nigeria, and at the same time, engage in a separatist quest, as Mr Kanu would make the world believe.

    If it were so, then it will be fair to regard the Igbo as an unreasonable people. But I know the race is very reasonable, and the representation by some that Igbos want out of Nigeria, just for the sake of it, is self-serving. What the Igbos want and deserve, is an egalitarian Nigerian nation, built on the best tenets of liberal democracy; for which their society arguably is best suited, more than any other group, in Nigeria.So, the cheap resort to the mantra of an emergent Biafra, as a form of political agitation, in the fragile Nigeria state, unfortunately distorts the political history of the 1967-1970,Biafra/Nigeria, civil war.

    The correct interpretation, is that the civil war was a last resort by Igbos to prevent the extermination of the race, and not a programmed project, to balkanise Nigeria, and exercise the territory known as Biafra, out of Nigeria. So, those who cheaply wave the Biafran flag as political brinkmanship, to gain traction and political supremacy, in the Nigerian project, are completely misguided.The energy spent on such misadventure should be expended, to organise political parties, socio-political pressure groups and professional champions topromote democracy, which will benefit Igbo more than any other group in Nigeria.

    What the Igbo deserve and should work for is economic empowerment of the region, for enhanced productivity. Mr Kanu and his group should for instance expend their energy, to organise the south-east to demand the right, to develop coal as the primary source of electricity, to power the region to economic independence. The group should pressure the southeast governments, to plan an agro-allied industrial belt, spanning the fertile land areas in Ebonyi, Enugu, Anambra, Imo and Abia states, to produce the aqua foods, rice and tubers that will gift the region a healthy and productive workforce. Those clamouring for the nation of the rising sun should put their energy to organise a petro-chemical industrial belt along the Enugu, Anambra and Imo river basins, to provide jobs for its teeming youths.

    Those who seek Biafra should concentrate their energy to galvanise the industrial genius and entrepreneurship of the Igbos, to help the people of the east and the Nigerian nation to become really productive. Understandably, Nigeria has remained a laggard for too long, but it will be naïve to think that the answers lie in the balkanisation of the country. The example of Sudan and Eritrea are there for everybody to learn from. What has held Nigeria down are the buccaneers, who over the years has been masquerading as political leaders. It will be foolish not to accept that the Igbo also have their own fair share, of these leeches. So, Biafra would only gift them a smaller territory to ravage.

    The political leadership in Nigeria must, however, quickly realise that it already has more troubles than it can handle, and should therefore galvanise every section of the country, to have a betterstake in the Nigerian project. As Krista Henry, Executive Director, FP said: “unfortunately, a country can become more fragile or become quite violent quickly and go up the list very easily.”

  • Governor hails Buhari over air chief

    Governor of Bauchi State, Mhammed A. Abubakar
    Governor of Bauchi State, Mhammed A. Abubakar

    Chairman of Arewa Lawyers Forum and Governor of Bauchi State, Mhammed A. Abubakar has praised President Muhammadu Buhari over the appointment of Air Vice Marshal Sadiq Abubakar as the Chief of Air Defence.

    Gov. Abubakar said: “ The appointment reflects the sense of  professionalism and leadership we found in him, and also demonstrates commitment to end the lingering insecurity crises in the North Eastern part of the Country.

    A statement signed by the Director, Press Bauchi Government House, Ibrahim Sanni  reads in part: “The Governor also congratulated the new Chief of Defence Staff  AVM Sadiq Abubakar  over the appointment and assured him of the people of the state will continue to follow him up in prayers  for  success in his new  national assignment. “ He expressed confidence that the new Air Defence Chief would  exhibit his wealth of experience  and sense of discipline in his new assignment

  • Tribute to our dear dean

    Tribute to our dear dean

    I feel hugely privileged to be asked to give this brief tribute on behalf the numerous former students of Professor Michael Iyiola Jegede (SAN) – a creative scholar, a gifted teacher, a mentor and an outstanding former dean of our esteemed University of Lagos faculty of law, as we celebrate his long and distinguished career:

    First and foremost as a teacher of the law (of which he was so immensely proud), but also as an accomplished administrator, as the fourth substantive dean of the esteemed law faculty of the University of Lagos, whose tenure heralded the establishment of the Nigerian Institute of Advanced Legal Studies with him as its first coordinating Director; in the establishment of the excellent University of Ibadan law faculty as visiting professor and head of department; and as a successful private legal practitioner and publisher, who achieved the highest distinction of the profession as a Senior Advocate of Nigeria.

    Never a man of many words, his understated calm and dignified quiet demeanour masked a strong will and character, whose firm contours were integrity, principle and selflessness.  These were the hallmarks of his leadership of the faculty of law that he joined over five decades ago as an assistant lecturer in 1964 –  first as acting dean between 1972 and 1974 and again towards the end of 1975, when I and many here entered the faculty. Soon after he became substantive dean, between 1976 and 1980. These were also the qualities that endeared him to all and enabled him carry colleagues and students alike, along his path of devoted service to the UNILAG law faculty and its students.

    He was indeed a part of the foundation and essential fabric of the faculty for over two decades. As dean it was he who introduced the innovation of departments in the faculty of law for the first time, a practice that was soon to be adopted by other faculties of law across Nigeria, and beyond.

    His shining brilliance as a scholar and revered teacher, were only surpassed by his self effacing humility and grace as a human being.

    Obviously all of us Professor Jegede’s former students –  generations of now accomplished professors and scholars; private practitioners; judges in the highest court of the land and pre eminent public servants, will have warm personal recollections of our former dean in this foremost law faculty, that will be as varied, as they are inspiring.

    Suffice it to recall how easy it was to love and admire Professor Jegede in his trade mark French suits, with his athletic gait and generous smile. He was conscientious and cared deeply for us his students and about improving our law faculty. He was always available, extremely patient and courteous to all, even to the least of us academic, non academic staff and students alike.

    If he had even a hint of appreciation of the extraordinary impact he had on our lives and the extent to which he sharpened our minds and thereby shaped our individual and collective successes through the memorable academic experience of his tutorship, and his person, he never showed it or drew attention to it, as some are wont to do. He simply took unselfish pride in the attainments of his former students. Being a teacher and  mentor, and to elicit our untapped potential, was his divine calling for which he sought neither acknowledgement nor reward.

    As a law teacher, and an elegant and persuasive writer, Professor Jegede was perhaps best known as an unrivalled expert in property law and a first rate scholar in the related subject of equity & trusts. His famous book “Principles of Equity” which was published a year after he left the deanship in 1980, and Trusts, Bankruptcy and Administration of Estates, quickly became standard works on the subjects.

    Soon after in 1984, he founded the famous MIJ Professional Publishers which soon became the new face of professional publications with an impressive list of law and other professional titles. Within its stable is the seminal masterpiece “Among Giants – Memoirs, Deans of the Faculty of Law, UNILAG (1962 -2012)”, to appropriately mark the 50th Anniversary of the founding of our famous law faculty.

    While the fond memories of our law faculty and professors are the result of numerous experiences and contributions in the course of interaction between teachers and students and of course between the students amongst themselves, and we all have our individual stories about our association with Professor Jegede,  yet it is from the classroom that our enduring memories of our professors often truly derive.

    Professor Jegede’s lectures, especially tutorial classes, were an unforgettable experience that changed the way one approached the study of law and legal problems generally. He sharpened our analytical skills.

    One didn’t always remember the principles of property law with its intriguing concepts of Black acre and White acre and the difference between joint tenants and tenants in common, or the complex equitable doctrine of part performance or even more challenging cypres doctrine in the law of Trusts. What he impressed upon us in his quiet idiosyncratic teaching style, was the greater importance of understanding the principles and rules and their application, rather than just remembering them.

    In the practice of the law one soon had a full appreciation of the truism of the maxim that “equity follows the law” as so much that Professor Jegede had so ably taught us, took on real and practical meaning for us, whether as private practitioners or as one of the many judges that he had taught and was later to appear before, in his befitting silk robes, as an equally successful and resourceful private legal practitioner that he was for last three decades of his life.

    A famous law professor once posited that there was an inexorable connection between the Law and Jazz! I thought he made a mistake and meant Justice! But he meant Jazz and likened an exceptional law professor to a great jazz conductor!  Surely, Law, in direct contrast with Jazz, breathes tradition and is suspicious of improvisation and unpredictability!  I therefore thought this to be a curious analogy until he explained the seemingly incongruous synergy between Jazz with its fluidity and flamboyance, and the law with its dogma and dignity:

    The missing link was this: since no two legal actions can be exactly the same, but only in ‘pari materia’, lawyers and judges must necessarily improvise, in adapting past arguments and precedents, every time they argue or decide a case. Every judicial decision is thus in some sense, a specie of improvisation.

    Both jazz and the law are therefore open to infinite possibility and both the professor and the Jazz conductor are, he argued, essentially about facilitating such improvisation. By resisting the urge to dictate or conduct every move, in order to instil in the jazz musician or student of law the confidence and joy to explore, knowledge and improvisation (which is impossible without rigorous prior preparation) are enabled, at their best.

    In this regard Prof Michael Iyiola Jegede was a maestro. He instilled confidence in us and thereby brought out the best in us. For that we honour him and pay him this tribute.

    Let me therefore end this short tribute with words adapted from the famous Jewish text Pirkei Avot – “Ethics of the Fathers”

    “He who learns from his Fellow a single chapter, a single verse, a single expression, even a single letter must pay Him honour”.

    Prof Michael Iyiola Jegede taught us all well and much more. By devoting his life to the creation of an environment in which we learned to teach ourselves the skills we needed for the rest of our professional careers, he taught us much much more than letter, expression, verse or chapter. He gave us our wings for a lifetime and has like all great teachers, left an indelible imprint on the lives of several generations of successful lawyers in  varied careers, who were privileged to have been taught by him. And for that, we honour him. Rest in Peace our dear Prof Jegede (SAN).

     

    • Ajumogobia (SAN) is former Minister for External Affairs

  • ‘How a judge asserts his freedom, impartiality’

    It is pertinent to reckon from the onset that the work under review by its title and contents is not just a book simpliciter but a compendium of ‘‘works’’ books, book reviews and comments etc. in a book of many books.

    One was therefore in a fix as to whether to beam one’s attention on the original works of the celebrant or the works of the reviewers and commentators or to dwell more on the publisher’s work.

    By way of a compromise, I had to settle for a  hi- breed of all, or at least some of these identified areas.

    I shall begin from the publishers whose work is the gateway and summarizer of all the other actors.

    Looking at the quality and finishing of the book, one cannot but commend the publisher for a job well done. The book is finely laid out in 420 pages of fine, very sharp, clear and legible prints with apparently the highest quality.

    It is also obvious that the publisher was fairly thorough in ensuring that printer’s devils do not find their way into this unique piece of literary work.

    My final comment on this aspect is reserved to the conclusion of the review.

    Coming to the rea task and reading through the celebrant’s works in this compendium, the very first ready impression that comes to my mind is that they are not accidental at all. This is clearly manifest in the consistency of their quality and the resonance of uncommon judicial courage, deep and clear analytical thinking and a stable and unwavering stance of incorruptibility.

    From the opening chapter, the celebrant brings the reader into his judicial mandate in elevated and savoury language of poetry with the piece by Abou.Ben Adhem. This is quickly followed by his very first ruling in the case of  Felix O .Nnajiofor v. Jerome Okoli-Iloegbu and  Anor  where His Lordship made his debut in and demonstrated the most emphatic manner his avowed devotion to substantial justice as against technical justice. Clear also from this debut is His Lordship’s  penchant for diligence and thoroughness.

    The  selected rulings and judgement compiled highlight very important legal issues in our jurisprudence.

    I must confess that the intimidating avalanche of reviewers who have carved a niche for themselves in the legal profession have assisted so much in making my task less cumbersome. In his review of the celebrant’s, ephocal and landmark decision in Oshiomhole V. INEC, the erudite and amiable Senior Advocate of Nigeria, Dr Onyechi Ikpeazu, OON, SAN who happens to be one of INEC’s regular counsel in election petitions,  after discussing His Lordships judgment in Oshiomole’s case stated thus:

    “The safe recourse which obviously would have guaranteed the warm embrace of the government then in the state, especially Benin City, as well as guaranteed a protected sojourn and glorious exit from that forum and which, would have amply been supported by numerous Supreme Court decisions as to the consequences of conflicting evidence by a witness, would have been rejected by the evidence of PW 47 and thus mark the end of the aspirations of Comrade Oshiomole. However His Lordship did not take the easy protected exit to safety. A judge is permitted to assert his freedom and impartiality within the framework of the law.

    Posterity will salute the courage, honesty, wisdom and integrity that shone through on that historic occasion to deliver justice and by that defining legacy.”

    The foregoing except say it all about the watershed His Lordships Judgement in Oshiomole’s case marked and still marks in the Nigerian Judicial history.

    Hon Justice Peter Obiorah also added his voice to the indelible contributions and innovations of His Lordship in Oshiomole’s case highlighting the following points among others: “Allegation of crime in election matters does not have to be proved beyond a shadow of doubt. A court can accept part of a witness’ testimony and reject others. Use of result charts compiled by a party in an election petition.

    It is also rewarding that His Lordship’s position in that case was vindicated by the Court of Appeal and the Supreme Court.

    His Lordship’s split decision in the case of Peter O. Ikam & anor v Patrick Aisowiene and 4ors also stands out. In this case his position was upheld by the Court of Appeal on the issue of weather extension of time can be granted for application for pre-trial session in election petition. His Lordship was of the view that time ought to be extended.

    It is doubtful today though, in the light of other decisions on the point whether time can be extended for a Petitioner to file application for pre-hearing notice.

    The erudite Professor Epiphany Azinge, SAN as well as other distinguished scholars in their respective reviews of the celebrant’s work also extolled His Lordship’s sterling qualities as a jurist per excellence as amply demonstrated in his judgements and legal works.

    In totality, this work under review is not only a book of books (a law report, text book’ biography etc) but it also deeply mirrors the rare personality of the celebrant revealing a man of consummate erudition, uncommon courage and impeccable integrity.

    I therefore commend the book to all lawyers, legal researchers, judicial officers, law students, politicians and indeed all literary minds as they will surely find it a rich resource material in law and other related areas.

     

    1. V. C. Ozioko is a Senior Lecturer, Faculty of Law, Nnamdi Azikiwe University, Awka.