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Tag: jurist

  • Jurist advocates constitutional democracy

    Justice Justice Chima Centus Nweze of the Supreme Court has called for strict adherence to constitutionalism. He said it was the only way to
    guarantee effective democratic governance.

    Justice Nweze spoke at the 16th Justice Idigbe Memorial Lecture, which held at the University of Benin (UNIBEN), where he was the guest lecturer. Its theme was: Constitutional Adjudication For Democratic Consolidation In Nigeria: The Role of The Supreme Court.

    The jurist said there was tendency towards “judicialisation of politics”  in which societal decision-making becomes more judiciary-oriented. He said the 1999 Constitution places a major responsibility on the judiciary as democratic watchdog.

    “The Judiciary could rightly be viewed as the sentinel duly consecrated to guard the cherished principles of democracy enunciated in the constitution.

    “The implications of this guardianship role are two-fold: the constitution makes the judiciary the ‘watch-dog’ of the other arms of government, that is, its role is to keep each arm within the confines of its powers.

    “It demands that the court’s should void any exercise which does not comply with the constitutionally-prescribed manner of its exercise.

    “The other, and more cogent, implication of the guardianship role of the judiciary is that the constitution, by the said investiture of guardianship, espouses a dynamic concept of the role of the judiciary.

    “Like its 1979 precursor, the 1999 constitution concedes sovereignty to the people of Nigeria. Instructively, the constitution concedes to the judiciary the eminent and most enviable position of arbiter between the government and the people,” Nweze said.

    Justice Nweze, who holds a Ph.D, said unlike the period of 1960 to 1963 and 1979 to 1983 where in certain disputes, courts declined jurisdiction in certain political matters, the situation has changed with the 1999 Constitution.

    He said:  “Indeed, a two-time governor of Rivers State, Chibuike Amaechi, owed his first term in office to this new attitude. Again, unlike the previous attitude to what is loosely called impeachment, that is proceedings culminating in the removal of either the President, Vice President, Governor of his deputy, a process which was classified as a political cauldron dripping with the kind of miasma that could drench the court and denude the sustained public confidence in its moral section, the judiciary has frontally confronted the castrating influence of that doctrine. It has considerably curbed its monumental fans. Hence, it has enlarged the leeways of permissible encroachment on the canvass of the doctrine.”

    On the late Justice Chinweike Idigbe, Justice Nweze said the judiciary does not adequately “outsource” the contributions of its eminent jurists.

    The reason, he said, was because the dominant discourse in comparative judicial and contemporary scholastic reasoning was shaped by Anglo-American perspective and Eurocentric viewpoints.

    His words: “Law teachers and students must be familiar with such names like Jeremy Bentham, John Austin, Lords Come, while in the case of Nigeria those who have contributed substantially have not been heard much of.

    “Who can tell me that the contribution of Prof Ben Nwuabuze is not known all over the world? If you Google, you will see his contribution on all the issues. Chances are that if you go through international journals you will see his contributions but they are not embedded in our constitutional development like the Anglo-Amerian viewpoints,” he stated

    To address this anomaly, therefore, Justice Nweze said there was the need to ascertain whether justices are able to establish an exportable model like their counterparts elsewhere.

    To do this, he said first step is to establish whether the late Idigbe was able to establish an “exportable model”, and reasoning comparable to other forms of judicial reasoning that had dominated and shaped debates in literature.

    “Against this background, it would only suffice to erect an aperture through which this distinguished audience could peep into the invaluable store house of the judicial information contained in His Lordship’s (Justice Idigbe’s) judgements,” Justice said.

    He described the late Justice Idigbe as a modest man, a very able judge, mentally vigorous, fair-minded, infinitely compassionate and a lovable human being that should be emulated.

    UNIBEN Vice Chancellor Prof. Faraday Orumwense, paid tribute to the late Chief Gani Fawehinmi (SAN), who established the lecture series to celebrate Justice Idigbe.

    He praised the university’s Faculty of Law for sustaining it.

     

     

  • Jurist urges old students to aid alma maters

    Kogi High Court Judge Justice Alaba Omolaye-Ajileye has called on old students of secondary schools in the country to rise to the challenge of restoring the old glory of their alma maters.
    He said such gesture could be in form of infrastructure, moral and educational development.
    Omolaye-Ajileye, a Koton-Karfe Resident High Court Judge, made the call in Kabba at the re-union and award ceremony by the Old Students Association Steering Committee of the St. Barnabas Secondary School (SBSS), Kabba.
    The jurist, who is also an alumnus of the school, said it was disheartening to see old students of institution who were in high and privileged positions while their alma maters faced moral and infrastructure decay.
    He noted that the level of dilapidation of structures in many secondary schools, coupled with dwindling rectitude and general decay remained high.
    Chief Femi Melefa, Chairman of SBSS old students Steering Committee of the association said the reunion of the old students of the school was partly to midwife renovation of structures in the school.
    He also said that the association was formed through an old student, Mr Mike Obanure.
    Earlier, the Principal of the school, Mr Femi Ilugbuhi, also called on the old students to help fix the dilapidated structures of the school and restore its old glory.
    A former Group Managing Director of NNPC, Mr Austine Oniwon, Prof. Sam Ale, former head of National Mathematical Centre, Abuja and Dr S.A. Adebola received “Iconic and outstanding contributions” at the occasion.
    Other awardees were; a former Principal of the school, Mr F. B. Olotu and Mr Olonire Solomon, an old student, for being worthy ambassadors of the school.
    Past principals of the school, old students and pioneer executives of the association took a tour of the school facilities.

  • A quintessential jurist at 82

    A quintessential jurist at 82

    The founder and Chancellor, Afe Babalola University, Ado Ekiti (ABUAD), Aare Afe Babalola (SAN), pays tribute to former Supreme Court Justice Emmanuel Ayoola at 82

    The invisible and unmistaken hand of God, the Creator, moulds the universe delibe-rately to different vessels of honour. However, it seems some are more generously endowed by God than others. But the most endowed are those who make of their talents and position enabling the less privileged.

    Such is the Hon. Justice Emmanuel Olayinka Ayoola, CON, JSC (retd), the multi-talented Legal Practitioner and internationally acclaimed Jurist, an epitome of decency and a towering model of a quintessential gentleman who has succeeded in all his and endeavours; a loving father, an uncommon mentor and successful manager of men and resources who has touched the lives of many as a lawyer, judge, public servant since he was called to the English Bar at Lincoln’s Inn in London in November 1957.

    An Alumnus of the revered University of London, where he obtained a Bachelor of Laws Degree and also of Oxford University where he obtained another Bachelor’s Degree in Jurisprudence in 1959, the stuff the erudite Hon. Justice Ayoola, a former Chairman of the Independent Corrupt Practices Commission (ICPC) is made of became manifest early in his very brilliant and luxuriant career.

    For 17 years, he, together with his elder brother, OluAyoola of blessed memory, had a flourishing private legal practice in Ibadan, Oyo State until February 1976 when he was most deservedly appointed to the High Court of Western Nigeria as a Judge and soon after, a Judge of the High Court of Oyo State. That was the time brilliant lawyers were invited to the bench and not appointed from application.

    Our paths crossed each other in 1963 when I approached the popular Chambers of Ayoola Brothers for my tutelage after arriving from England with a Bachelor’s Degree in Law. It was not difficult for me to know that with his uncommon brilliance, calmness, diligence and determination as well as his willingness to apply himself to work, he would make it to the top very rapidly. I saw in him a man sold to industry, commitment with an unbending will for people around him to succeed.

    A man internationally sought-after, the incorruptible judge served as a Justice of the Court of Appeal of The Gambia from and later as Chief Justice of The Gambia. He was Vice President of the World Judges Association in 1991.

    A man of commendable candour, Justice Ayoola was President of the Court of Appeal of Seychelles and Justice of the Court of Appeal of Nigeria (1992-1998), Justice of the Supreme Court of Nigeria (1998–2003) before he bowed out of service in October 2003 at the mandatory age of 70.

    He was in 2004 made Chairman of the ad-hoc Presidential Action Committee on the Control of Violent Crimes and Illegal Firearms. He served as Chairman, Governing Council of the National Human Rights Commission in 2005 until he was appointed Chairman of the Independent Corrupt Practices Commission later the same year. Currently, he is a member of the National Judicial Council and Chairman of the Judicial Performance Evaluation Committee of that Council.

    In 2002, the Secretary-General of the United Nations appointed Justice Ayoola  a Judge of the Appeals Chamber of the Special Court for Sierra Leone,  a court  set up to try those responsible for war crimes and crimes against humanity during the Sierra Leone Civil War. He was President of the Court from 2004 to 2005. It was in that capacity that he addressed the Security Council of the United Nations in 2005.

    In his quest for deeper meaning in life and his desire to live beyond the mundane material things which many mortals settle for, at some point, Justice Ayoola was Chairman of the Governing Council of the African Centre for Democracy and Human Rights Studies, an International NGO based in Banjul, The Gambia.

    A prolific writer and an advocate of an egalitarian society, he has edited the Seychelles Law Digest, the Law Reports of the Gambia, and the Nigerian Monthly Law Reports. Justice Ayoola is a Fellow of the Nigerian Institute of Advanced Legal Studies; Fellow of the Chartered Institute of Arbitrators (Nigeria); Doctor of Civil Law [DCL] honoris causa) Ladoke Akintola University of Technology, Ogbomoso and Dr. of Laws, Afe Babalola University, Ado-Ekiti (ABUAD).

    In appreciation of his sterling contributions to Jurisprudence, he was honoured with the award of the Gambian National Honour of Commander of the National Order of the Republic of the Gambia [CRG] in 1990; and the Award of the Nigerian National Honour of Commander of the Order of the Niger [CON] in 2003.

    He is an unrepentant lover of our University, Afe Babalola University, Ado-Ekiti. The place and import of the Hon. Justice Ayoola’s love for ABUAD and my humble self will forever remain green and indelible.

    At the time the University was still struggling to find his feet, Justice Ayoola, as the Chairman of ICPC, led a 14-man team of ICPC staff to ABUAD on July 28, 2010 and left the following words in our history book: “This is an institution which can stand side by side with any educational institution in the world. This is a pace setter. It raises the benchmark for quality education in Nigeria. There is no doubt that the shaping of the direction of education in Nigeria has started. ABUAD is and will remain the leader in this direction.”

    The incorruptibility and moralist inclination of the Hon. Justice Ayoola is not a later day development as that has been part of his persona as far back as his days in Legal Practice. No wonder then that our common mentor and his own elder brother, the mercurial Hon. Justice Olu Ayoola of blessed memory, had this to say about the two us (Hon. Ayoola and my humble self) on page 23 of his Book titled: Olu Ayoola: Fifty Years in Law: “With the use of appropriate technique, even though I started practice as a single Lawyer establishment, the chamber rapidly grew in fame and became a multi-lawyer chambers. We thereby, as it were, took a big leap from “the cold waters uncertainties of fluctuating fees” of a young private practice to the security of a prosperous chamber.

    “From the performances of our weekly conference of lawyers, I was able to assess the progress, ability and aptitude of each lawyer. I must mention two who were among the best; namely: my brother, Emmanuel Olayinka Ayoola, who is presently a Judge of the Court of Appeal, Nigeria. He was a brilliant lawyer with a moralist bent. Sometimes, he would come to me and say after going through a brief allotted to him “the defence of our client is good in law, but why shouldn’t he pay the debt which he appears, law apart, to owe?” and I would retort “we, as lawyers, are concerned with his defence as a matter of law: we are not concerned with his liability on moral grounds”. Where he felt not too bright about the brief, I will take it and allocate it to some other under-study.

    “Another brilliant lawyer was Afe Babalola (he is now a Senior Advocate of Nigeria). He was and still very hard working. A lover of legal analysis, he usually saw through fine points which others did not see. I believe in taking fine legal points”.

    The God-given gifts of incorrup-tibility and moral uprightness as well as forthrightness must have accounted to a very large extent in his being noticed, acknowledged and appointed the arrow-head of the ICPC after his retirement from the Supreme Court Bench. After all, it is only the deep that can call to the deep just like it is only iron that can sharpen iron!

    He is an example per excellence, a cerebral, good natured, committed and an excellent team player who is always willing to help the needy.

    My Learned Mentor and Leader should see and acknowledge the attainment of the matured age of 82 as a special grace from the Almighty God and a veritable opportunity for him to do more in his service to a nation which he loves so much and indeed to humanity, the fulcrum of his dream.

    While congratulating him most heartily on this momentous occasion, I wish him good health and peace of heart as well as divine wisdom to continue the good works and to continually be relevant in the scheme of things in Nigeria, and beyond.

    Hearty congratulations, My Lord.

     

     

  • A quintessential jurist at 82

    A quintessential jurist at 82

    The invisible and unmistaken hand of God, the Creator, moulds the universe deliberately to different vessels of honour. However, it seems some are more generously endowed by God than others. But the most endowed are those who make of their talents and position enabling the less privileged.

    Such is the Hon. Justice Emmanuel Olayinka Ayoola, CON, JSC (retd), the multi-talented Legal Practitioner and internationally acclaimed Jurist, an epitome of decency and a towering model of a quintessential gentleman who has succeeded in all his and endeavours; a loving father, an uncommon mentor and successful manager of men and resources who has touched the lives of many as a lawyer, judge, public servant since he was called to the English Bar at Lincoln’s Inn in London in November 1957.

    An Alumnus of the revered University of London, where he obtained a Bachelor of Laws Degree and also of Oxford University where he obtained another Bachelor’s Degree in Jurisprudence in 1959, the stuff the erudite Hon. Justice Ayoola, a former Chairman of the Independent Corrupt Practices Commission (ICPC) is made of became manifest early in his very brilliant and luxuriant career.

    For 17 years, he, together with his elder brother, OluAyoola of blessed memory, had a flourishing private legal practice in Ibadan, Oyo State until February 1976 when he was most deservedly appointed to the High Court of Western Nigeria as a Judge and soon after, a Judge of the High Court of Oyo State. That was the time brilliant lawyers were invited to the bench and not appointed from application.

    Our paths crossed each other in 1963 when I approached the popular Chambers of Ayoola Brothers for my tutelage after arriving from England with a Bachelor’s Degree in Law. It was not difficult for me to know that with his uncommon brilliance, calmness, diligence and determination as well as his willingness to apply himself to work, he would make it to the top very rapidly. I saw in him a man sold to industry, commitment with an unbending will for people around him to succeed.

    A man internationally sought-after, the incorruptible judge served as a Justice of the Court of Appeal of The Gambia from and later as Chief Justice of The Gambia. He was Vice President of the World Judges Association in 1991.

    • Justice Ayoola
    • Justice Ayoola

    A man of commendable candour, Justice Ayoola was President of the Court of Appeal of Seychelles and Justice of the Court of Appeal of Nigeria (1992-1998), Justice of the Supreme Court of Nigeria (1998–2003) before he bowed out of service in October 2003 at the mandatory age of 70.

    After his national and international exploits and achievements in the Judiciary particularly because of the sterling qualities inherent in him, he was in 2004 made Chairman of the ad-hoc Presidential Action Committee on the Control of Violent Crimes and Illegal Firearms. He served as Chairman, Governing Council of the National Human Rights Commission in 2005 until he was appointed Chairman of the Independent Corrupt Practices Commission later the same year. Currently, he is a member of the National Judicial Council and Chairman of the Judicial Performance Evaluation Committee of that Council.

    In 2002, the Secretary-General of the United Nations appointed Justice Ayoola  a Judge of the Appeals Chamber of the Special Court for Sierra Leone,  a court  set up to try those responsible for war crimes and crimes against humanity during the Sierra Leone Civil War. He was President of the Court from 2004 to 2005. It was in that capacity that he addressed the Security Council of the United Nations in 2005.

    In his quest for deeper meaning in life and his desire to live beyond the mundane material things which many mortals settle for, at some point, Justice Ayoola was Chairman of the Governing Council of the African Centre for Democracy and Human Rights Studies, an International NGO based in Banjul, The Gambia.

    A prolific writer and an advocate of an egalitarian society, he has edited the Seychelles Law Digest, the Law Reports of the Gambia, and the Nigerian Monthly Law Reports. Justice Ayoola is a Fellow of the Nigerian Institute of Advanced Legal Studies; Fellow of the Chartered Institute of Arbitrators (Nigeria); Doctor of Civil Law [DCL] honoris causa) Ladoke Akintola University of Technology, Ogbomoso and Dr. of Laws, Afe Babalola University, Ado-Ekiti (ABUAD).

    In appreciation of his sterling contributions to Jurisprudence, he was honoured with the award of the Gambian National Honour of Commander of the National Order of the Republic of the Gambia [CRG] in 1990; and the Award of the Nigerian National Honour of Commander of the Order of the Niger [CON] in 2003.

    He is an unrepentant lover of our University, Afe Babalola University, Ado-Ekiti. The place and import of the Hon. Justice Ayoola’s love for ABUAD and my humble self will forever remain green and indelible.

    At the time the University was still struggling to find his feet, Justice Ayoola, as the Chairman of ICPC, led a 14-man team of ICPC staff to ABUAD on July 28, 2010 and left the following words in our history book: “This is an institution which can stand side by side with any educational institution in the world. This is a pace setter. It raises the benchmark for quality education in Nigeria. There is no doubt that the shaping of the direction of education in Nigeria has started. ABUAD is and will remain the leader in this direction”.

    Indeed, this prophetic statement from this great man, an acclaimed International Jurist, an incorruptible Judge, a moralist Judge, a Christian Judge, a former Justice of the Court of Appeal of The Gambia, a former Chief Justice of The Gambia, a former President of the Court of Appeal of Seychelles, a former Justice of the Supreme Court of Nigeria, a former ICPC Chairman, a true lover and supporter of ABUAD’s dream and vision, has since become a reality. Stakeholders all over the world including UNESCO have acknowledge the Afe Babalola University as a ‘World Class University’.

    The incorruptibility and moralist inclination of the Hon. Justice Ayoola is not a later day development as that has been part of his persona as far back as his days in Legal Practice. No wonder then that our common mentor and his own elder brother, the mercurial Hon. Justice Olu Ayoola of blessed memory, had this to say about the two us (Hon. Ayoola and my humble self) on page 23 of his Book titled: Olu Ayoola: Fifty Years in Law: “With the use of appropriate technique, even though I started practice as a single Lawyer establishment, the chamber rapidly grew in fame and became a multi-lawyer chambers. We thereby, as it were, took a big leap from “the cold waters uncertainties of fluctuating fees” of a young private practice to the security of a prosperous chamber.

    “From the performances of our weekly conference of lawyers, I was able to assess the progress, ability and aptitude of each lawyer. I must mention two who were among the best; namely: my brother, Emmanuel Olayinka Ayoola, who is presently a Judge of the Court of Appeal, Nigeria. He was a brilliant lawyer with a moralist bent. Sometimes, he would come to me and say after going through a brief allotted to him “the defence of our client is good in law, but why shouldn’t he pay the debt which he appears, law apart, to owe?” and I would retort “we, as lawyers, are concerned with his defence as a matter of law: we are not concerned with his liability on moral grounds”. Where he felt not too bright about the brief, I will take it and allocate it to some other under-study.

    “Another brilliant lawyer was Afe Babalola (he is now a Senior Advocate of Nigeria). He was and still very hard working. A lover of legal analysis, he usually saw through fine points which others did not see. I believe in taking fine legal points”.

    The God-given gifts of incorruptibility and moral uprightness as well as forthrightness must have accounted to a very large extent in his being noticed, acknowledged and appointed the arrow-head of the ICPC after his retirement from the Supreme Court Bench. After all, it is only the deep that can call to the deep just like it is only iron that can sharpen iron!

    He is an example per excellence, a cerebral, good natured, committed and an excellent team player who is always willing to help the needy.

    My Learned Mentor and Leader should see and acknowledge the attainment of the matured age of 82 as a special grace from the Almighty God and a veritable opportunity for him to do more in his service to a nation which he loves so much and indeed to humanity, the fulcrum of his dream.

    While congratulating him most heartily on this momentous occasion, I wish him good health and peace of heart as well as divine wisdom to continue the good works and to continually be relevant in the scheme of things in Nigeria, and beyond.

    Hearty congratulations, My Lord.

     

     

  • A jurist’s wife takes final bow

    A jurist’s wife takes final bow

    The remains of Mrs Theresa Abiodun Oluwole, wife of the late Justice T. A. Oluwole of the Ondo State High Court,  were interred last Friday at the Catholic Church Cemetery in Akure, the Ondo State capital, reports LEKE AKEREDOLU.

    Despite the heavy rainfall, prominent men and women from across the country made their way to  St. John Bosco Catholic Church,  Ijapo Estate, Akure to bid Mrs Oluwole a final farewell.

    A nurse, Mrs Oluwole was married to a former Ondo State High Court Judge, the late Justice T.A. Oluwole. She died at 75.

    One of her daughters is the wife to the lawmaker, representing Epe federal constituency in Lagos State, Hon. Lanre Mukaila Odubote and the other, to Ifedayo Adedipe (SAN).

    The funeral began with a Christian wake last Thursday at her residence in Ijapo Estate in Akure, followed by interment at St. John Bosco Catholic Church in Ijapo.

    Her remains were brought to the church premises before the stipulated 10am by the pall bearers, who made a dramatic entry into the church, bearing the golden framed casket. A brigade, the Bell, followed.

    Before long, the church was filled with sympathisers; canopies were erected outside and around the church premises to accommodate more.

    Prominent among attendees were Ondo State Governor, Olusegun Mimiko, Chief Judge(CJ) of the state, Justice Olasehinde Kumuyi; Chief of Staff to the Governor, Dr. Kola Ademujimi; the State Attorney-General, Eyitayo Jegede (SAN)and House of Representatives lawmaker, Hon. Adegboyega Adedipe.

    In his sermon, Revd Fidelis Olokunboro, described the late Oluwole as a woman who was dedicated to God and church activities.

    He said: “She is always giving godly advice and will be greatly missed. She has written her name with a golden pen in this church; she nursed her children on the right path of life and she was prominent in the church and in the society at large”.

    The cleric addressed the saying: “those who died are at their loss” stressing that it is only those who lived evil lives that would die and be forgotten.

    “The late Mrs Oluwole will not be forgotten because she had devoted her time to God. While she was sick, she would always put a call across to ask if she owed the church.”

    Guests moved to the Gani Fawehinmi Arcade Ground at Ondo State House of Assembly, Igbatoro road, for a reception.

    The arena was decorated with red, yellow, cream and green colours.

    Gospel artiste Yinka Ayefele was on stage to entertain guests.

    More personalities trouped in to grace the occasion. They include: Chief Wole Olanipekun (SAN), Hon. Dr. Bode Tawak, former Governor of Lagos State, Asiwaju Ahmed Tinubu’s in-law, Hon. Oyetunde Oladimeji Ojo, Hon. Akin Miniru, members of Redeemed Church Faith City, Ojodu, Lagos, Bukola Adetula, Bro. Olu Onafowora, Hon. Ifedayo Abegunde, Hon. Dauda Bakare, Gbenga Elegbeleye, Hon. Ebenezer Alabi and others.

    Odubote described the late Mrs Oluwole as the best mother-in-law in the world. He was grateful that she accepted him to marry her daughter at a time when destiny had dealt a blow on him.

    Another son-in-law, Adedipe said the late Oluwole was his confidant and adviser. Adedipe, a lawyer, described her as a deeply religious person, focused and dependable person; generous and frank to a fault.

    Step-brother of the deceased and publisher of Marketing Edge magazine, Mr John Ajayi said the late Mrs Oluwole was the eldest in the family and a woman they would all miss.

    The late Oluwole’s only son, Tolulope, described his mother as honest and trustworthy.

    Another daughter of the deceased, Mrs. Funmilayo Oladapo-Ojo, said her late mother was a philanthropist who  adopted some children.

    “It was when we started growing up that I was able to identify those who are my blood sisters and we still remain one. You can’t leave the house without doing the house work. You must know how to cook, clean the house and other domestic work either you are a male or female,” she added.

  • Jurists seek reform in judges’ appointment

    Jurists seek reform in judges’ appointment

    The event was a valedictory court session intended to bid farewell to Justice Stanley Alagoa, who attained the mandatory retirement age of 70 years.

    Usually, such an event affords speakers the opportunity to engage in an assessment of the performance of the retiring judicial officer and mostly, eulogise them and offer prayers for a good life in retirement.

    However, the court session held in the “main court” of the Supreme Court on October 4 for Justice Alagoa, took a slightly different pattern. He retired from the Supreme Court after serving for a year.

    Although there were praises, prayers and eulogies for Justice Alagoa, the event afforded speakers the opportunity to call for a major change in the appointment process in the Judiciary.

    Nigerian Bar Association (NBA) President Okey Wali (SAN), Thompson Okpoko (SAN) and Justice Alagoa called for a reform in the appointment of judges to curb corruption and ensure efficiency in the court system.

    Wali and Okpoko sought a process that produces young persons as Justices of the apex court to stem the current high turnover rate of its justices.

    They also suggested that quota system and regional or geographical considerations in the appointment of justices, at the Court of Appeal and Supreme Court, should be jettisoned.

    Alagoa suggested a more rigorous process to ensure that “only men and women of proven integrity and courage should be picked to sit on the bench”.

    He blamed corruption in the judiciary on the influence of politicians, businessmen and traditional rulers.

    Wali was represented by former Justice Minister, Adetokunbo Kayode (SAN). He blamed the high turnover rate of Justices at the apex court on the practice where Justices were only promoted from the Court of Appeal based on quota and geography.

    “This practice, strangely not based on any known law or regulation, is patently responsible for the position the Supreme Court has now found itself.

    “The effect of the promotion and zonal representation dynamics in the court is that it is unwittingly denying the injection of younger blood into the court even though Section 231 of the Constitution merely provides for a 15-year post call for a person to be qualified to hold the office of Justice of the Supreme Court and no more,” Wali said.

    He argued that in spite of the provision of Section 231 of the Constitution and the recommendation in the Udoji Report of 1975 (to the effect that only persons with exceptional ability should made Justices of the apex court, and that selection should extend to lawyers in practice and those in the academics), the nation is still stuck with the practice of mere elevation from the Court of Appeal.

    “It is clear that candidates for the court (Supreme Court) in more recent years are invariably older than those appointed before 1980. 76 per cent of all appointments before 1980 were of persons of 50 years of age or younger.

    “Take, for instance, all the Justices in the court as at 2004 are now retired. As at today, only six out of the 16 Justices of the court in 2008 are serving. In the past seven years, we have had six Chief Justices of Nigeria. By 2016, at least nine Justices off this court, as constituted, will have retired,” Wali said.

    He described Justice Alagoa as a brilliant jurist, who despite the shortness of his time at the apex court, rendered ‘immeasurable service to his fatherland’.

    Okpoko suggested that the process should change to ensure that a Justice with not less than five years to retire is appointed the Chief Justice of Nigeria (CJN).

    He observed that of recent, changes at the headship of the Supreme Court have been frequent.

    Okpoko, who spoke for the Body of Senior Advocates, argued that such frequent change in the leadership of apex court makes stable policy formulation and execution impossible.

    Also relying on the provision of Section 231 of the Constitution, Okpoko suggested that the choice of appointment should be extended to the bar.

    He said the inner Bar prefers appointment of fresh hands.

    “Section 231 did not limit appointment to Justices of the Court of Appeal or restrict legal practitioners from being appointed Justices of the apex court.

    “If the Supreme Court is to have the best Justices, quota system or geographical spread should not be a basis for appointment of Justices of the Supreme Court.

    He faulted the appointment of old men and women as Justices of the apex court.

    “This does not appear good for the national judiciary. Let us get our Justices to the Supreme Court early enough to give their best,” Okpoko added.

    Justice Alagoa, who regretted the increasing cases of corruption in the Judiciary, urged judges to stand their ground and ensure justice. He called for sanctions for any judge found wanting.

    Stressing the attributes of a true judge, the retiring jurist noted that it was for a judge to “carry himself with quiet dignity that is different from arrogance.

    “A judge, who is more at home in social circles may do well to question his suitability for the bench as the two are incompatible”.

    On corruption in the court, he said politicians, businessmen and traditional rulers constitute the greatest challenge to the Judiciary.

    “It is this class of persons that bribe, intimidate, harass or influence judges to depart from their sacred oath of office and the path of honour and rectitude.

    “A judge, who hobnobs with this group may well be unwittingly allowing his position to be compromised and possibly jeopardised.

    “A judge must hold fast to his faith in God and be bold. This done, this class of persons, like bees, can only buzz around, but must certainly lack the power and ability to sting,” Justice Alagoa said.

    The Attorney-General of the Federation, Mohammed Adoke (SAN) urged the Judiciary to brace for the challenges ahead.

    He said as the nation approaches the next general elections in two years, when political cases will flood the court, the nation expects the Judiciary to be fair and firm in dealing with such cases.

    “As we gradually approach the 2015 general elections, there would be heightened political activities, which will naturally breed political disputes that our courts will be called upon to adjudicate.

    “The fairness and firmness with which such political disputes are handled by the judiciary will to a large extent, determine the stability and survival of our democracy,” Adoke said.

    He assured the Judiciary of the support of the Executive to the various reforms being undertaken by the leadership of the Judiciary.

    Adoke also assured of the Executive’s commitment to the principles of rule of law and concept of separation of powers. Speakers, including the CJN, Justice Aloma Mukhtar, extoled Justice Alagoa’s virtues and praised his contribution to the growth of the Judiciary.

    Justice Alagoa, from Bayelsa State, was elevated to the Supreme Court on September 26, last year. Earlier, he served as the Presiding Justice of the Ibadan Division of the Court of Appeal.

    He was appointed a judge in Rivers State in 1990.

     

     

     

     

  • Exit Esho, model jurist

    Exit Esho, model jurist

    In a spate of one week, four of the most accomplished Nigerians died: Lam Adesina, former governor of Oyo State, Olusola Saraki, strongman of Kwara politics, Justice Bobakayode Esho, activist jurist and retired justice of the Supreme Court of Nigeria and Hope Harriman, debonair surveyor, estate valuer and industrialist of the live-and-let-live philosophy.

    Of the four, the passage of Justice Esho (18 September 1925-16 November 2012) must be the most roiling – at least in Ripples’ opinion. Alhaji Adesina was a thorough-bred progressive and NADECO prisoner-of-war in Sani Abacha’s gulag. But he got gubernatorial reward for his “war wounds”.

    Dr. Saraki was a prodigious philanthropist, and no matter what opposing ideologues think of his politics, he was truly caring and compassionate. But he forged his winning trait into a winning political machine – and he rewarded himself as the Kwara lord of the manor.

    The frothy Chief Harriman worked hard, played hard and enjoyed life to the fullest. He was among a rare breed whose wealth was not tied to recurring public sector racketeering, in an elite generation of equal opportunity racketeers. He was the exemplar, if there ever was one, of the stark axiom of “no food for lazy man” and its contrast: “the industrious have earned their munificence.”

    And Justice Esho? He was the model citizen who put his prodigious intellect and steely courage at the service of the common good. Imagine the Jeremy Bentham dictate of the greatest happiness of the greatest number, as the apogee of governance? Esho was the puny individual who aimed for that Bentham societal elixir, sans government might, sans government perks. His unrepentant motto was Justice for all. His only tool? Profound knowledge of the law; and stubborn courage that the law rules.

    Just imagine how different Nigeria could have turned, had the majority in the Supreme Court adopted Justice Esho’s famous dissent, in Obafemi Awolowo Vs Shehu Shagari in 1979, at the birth of the troubled Second Republic (1979-1983).

    Chief Richard Akinjide, SAN, national legal adviser to the then National Party of Nigeria (NPN), had come up with a clear legal stratagem that two-thirds of the then 19 states was twelve-two-thirds and not 13, as the Federal Electoral Commission (FEDECO), under Chief Michael Ani, had hitherto decided in all electoral matters.

    The motive was not so hidden. The presidential election was heading for a run-off, with NPN Candidate Shagari winning the majority of popular votes but falling short of the required one-quarter of votes cast in two-thirds of the 19 states of the federation. Alhaji Shagari had the one-quarter requirement in 12 states.

    On the other hand, Unity Party of Nigeria (UPN) Candidate Awolowo, was running second on popular vote, though far less behind on the electoral spread requirement, so much so that had the envisaged electoral college held to pick the president as the 1979 Constitution stipulated, it would have been great injustice if Awo had won as a result of the rest of the four parties – Nnamdi Azikiwe’s Nigerian People’s Party (NPP), Ibrahim Waziri’s Great Nigeria People’s Party (GNPP), Aminu Kano’s People’s Redemption Party (PRP) and the UPN – ganging up to thwart the NPN candidate.

    But that was not even likely to happen, even if the UPN optimists were ready and eager to take their chances; and the NPN camp and their federal backers expected the worst. For starters, the rivalry between Zik and Awo was alive and well. Besides, Gen. Olusegun Obasanjo’s government’s body language that Awo was not the man was all but clear, even if Awo was widely perceived to have the best credentials. Enter then Chief Akinjide’s legal dues-ex-machina!

    The 6-1 (or more appropriately 5-1-1, for Justice Andrew Obaseki’s verdict was neither-nor) Supreme Court judicial validation of the Akinjide theory sank the new Second Republic in a legitimacy bog it never recovered from. But it was this equivalent of a roaring judicial ocean current that an unfazed Justice Esho swam against.

    The Supreme Court too must have realised its own judicial cant – who didn’t? – as it committed a further outrage that its twelve-two-third decision would not be cited as precedent at future electoral litigations!

    But that legal legerdemain by the highest court of the land cost Nigeria the collapse of the Second Republic, and the subsequent infliction on the polity, of the most virulent set of military dictators – Muhammadu Buhari, Ibrahim Babangida and the nadir, Sani Abacha. This relay also birthed the second coming of the ever-grandstanding and self-adulating Obasanjo, the luckless Umaru Musa Yar’adua and the clueless incumbent, Goodluck Jonathan.

    Besides, that Supreme Court decision further entrenched the regnant folly that the executive could manipulate elections anyhow, and suborn the judiciary to toe the line – until the judicial rebellion after the shameful 2007 general elections, with President Yar’adua clawing his stained mandate by a split 4-3 Supreme Court decision, thus forcing conscious efforts at electoral reforms.

    With the failed military-in-government and wobbling successor non-democrats in a supposed democracy, judicial manipulation of electoral matters brought the country perilously close to state failure, despite the heroics of the Court of Appeal under the presidency of Justice Ayo Salami, now ironically being tarred and tanned for doing the right thing! Yet, if only the Supreme Court of his time had shared Justice Esho’s golden sense of justice, all these would perhaps have been averted!

    The moral? Those who now play politics and expediency with the Salami case only lay land mines that may yet blow up the polity.

    Very early in his judicial career, the fearless jurist was involved in the famous “unknown gunman”, a charged political case involving the young Wole Soyinka, during the Western Region’s season of [political] anomie in the First Republic, to borrow the Nobel Laureate’s novel of that title.

    He ruled against government and the bully Leviathan bared its teeth. For his judicial temerity, the Ladoke Akintola establishment hauled Esho into judicial Siberia in Akure. For following the dictates of the law, therefore, persecution was his lot. Yet, that did not deter the judicial lion heart from giving justice, even if the heavens fell.

    Even among their peers of titan jurists, in an era regarded by legal historians as the Golden Age of the Nigerian Supreme Court, Justice Esho and Justice Chukwudifu Oputa (aka Socrates) – still very much alive – sparkled for their sheer brilliance, deep intellect, profound learning, towering character and stubborn courage to be guided not only by the letters of the law, but also by its spirit. That none of the two ever became Chief Justice of Nigeria is a salute to the Nigerian penchant to settle for the ordinary when the absolutely brilliant wastes away.

    Justice Esho was a model citizen who put his character and learning at the disposal of his country. Despite his strivings, his country bluntly refused to be a model nation. That is the tragedy of contemporary Nigeria, which the present and oncoming generation must throw over-board for the country to find true greatness.

  • Falana salutes ‘outstanding jurist’ Akanbi at 80

    Falana salutes ‘outstanding jurist’ Akanbi at 80

    Lagos lawyer Femi Falana (SAN) yesterday described former chairman of the Independent Corrupt Practices and other miscellaneous offences Commission (ICPC), Justice Muhammed Mustapha Akanbi, as a man of outstanding integrity and a jurist of extra-ordinary courage.

    The commendation was contained in a tribute he presented to Justice Akanbi on his 80th birthday in Lagos.

    Falana said while some retired judges set up consultancy firms which “serve as agents for corrupt judges”, the jurist is involved in the management of the Akanbi Foundation at Ilorin, Kwara State, where seminars and public lectures are held, from time to time, on the state of the nation.

    The human rights activist said the fight against corruption could have been won if members of the legal profession had collaborated with Justice Akanbi .

    Falana recalled how Justice Akanbi turned down the offer of a second term from President Olusegun Obasanjo “when he saw the apparent lack of political will to fight corruption by the government.

    Though he worked closely with Nuhu Ribadu, the former Chairman of the Economic and Financial Crimes Commission (EFCC) to tame the monster of corruption, Falana said Justice Akanbi called it quits when he was frustrated while “Mr Nuhu Ribadu whose appointment was renewed for another term was ultimately disgraced,demoted and dismissed from the police”.

    According to him, most of the high profile cases initated by patriotic Nigerians were either compromised and struck out for want of diligent prosecution or subjected to unending adjournments because the anti-graft agencies were hijacked by corrupt characters under the late President maru Yar’Adua’s administration.

    Falana described the Ibori saga as a serious indictment on the Judiciary, which could have been avoided if the fight against corruption had been taken seriously.

    The senior advocate praised the ‘gallant’ efforts of Justice Akanbi to combat the menace of corruption as the pioneer chairman of ICPC but which he regretted was frustrated by powerful corrupt elements in the society.

    He recalled that the ICPC under Justice Akanbi filed charges against ministers, senators, permanent secretaries, senior advocates and other powerful people but that their prosecution was messed up by the courts aided by senior lawyers.

    “For the two years of the existence of the ICPC, all the cases filed in several courts in the country against corrupt public officers were stayed to await the judgment of the Supreme Court in Attorney-General of Ondo State v Attorney-General of the Federation (2002) 27 WRN 1 wherein the plaintiff sought unsuccessfully to invalidate the ICPC Act.

    “The requests made to the CJN to appoint independent counsel toinvestigate 25 governors accused of corruption in line with Section 52 of the ICPC Act were not granted”.