By Ikeazor Ajovi Akaraiwe, SAN
Hon. Justice Agim acquitted himself (and Nigeria) honourably as Chief Justice of our West African neighbours, The Gambia, and Justice of the Supreme Court of our Southern African neighbours, Swaziland. He was also a Professor of law at, University of The Gambia and a Lecturer at the Gambia Law School.
His tenure as Chief Justice of The Gambia is yet unparalleled in the history of that country. Military Dictator Yaya Jammeh came to have a grudging admiration for his fearlessness in giving nuanced judgments against his administration.
His Chief Justiceship brought honour to Nigeria. Upon his return to Nigeria, he was appointed to the bench of the Court of Appeal and sent to Enugu. That was where we came into contact with his scholarship, his intellectual rigour, philosophical disposition and moral excellence.
Indeed, since his elevation to the bench of the Supreme Court of Nigeria, it is unarguable that if there is only one legal philosopher at the Supreme Court, it is Agim; if there are two, Agim is one of them; and if there are three, Agim is certainly one of the three. He stands distinguished. While you may not always agree with all his judgments, if you took the trouble to read them, you will certainly appreciate his philosophical, moral and legal bent. Even if you do not agree, and it is impossible to always agree.
About the unfortunate photographs which came out of the 50th anniversary convocation of the University of Calabar, there are lessons to be learned. I am not saying that this is what happened in the case under reference, but this is political season and it is not impossible that politicians can even manipulate sitting arrangements at public events to place them strategically and proceed to ensure that the press takes such strategic photos. I repeat, I am not saying that this is what happened in the example under reference.
Thus, the Supreme Court must have a protocol team for all its justices, if it does not already have one, which should be notified of ceremonial movements of Supreme Court Justices. Secondly, the protocol team will ensure that the sort of seating arrangement that saw Hon. Justice Agim placed next to a politically exposed litigant at the University of Calabar convocation ceremonies never happens again.
As the argument rages at the bar about the advisability of judges receiving awards from institutions who may one day appear before them, it is important that learned justices of learning and character like Agim JSC are neither discouraged nor vilified except where they deserve it.
Agim’s philosophical underpinnings may be located in the lecture he delivered as keynote speaker, Law Week, NBA Ogoja branch – ROLE OF THE LAWYER IN STOPPING IMPUNITY FOR GOVERNMENT OFFICE CORRUPTION, DISMANTLING KLEPTOCRACY AND PROMOTING GENUINE DEMOCRATIC GOVERNANCE, when he was still a Justice of the Court of Appeal. I happened to be a speaker also at that law week. That lecture is reproduced as an addendum to this piece.
Ikeazor Ajovi Akaraiwe, SAN
1st Vice-President, NBA (2008-2010); and Chair, NBA Human Rights Institute (2008-2010).
Addendum
Lecture by Hon Justice Emmanuel Akomaye Agim JCA (as he then was) at the Law Week of NBA Ogoja Branch –
ROLE OF THE LAWYER IN STOPPING IMPUNITY FOR GOVERNMENT OFFICE CORRUPTION, DISMANTLING KLEPTOCRACY AND PROMOTING GENUINE DEMOCRATIC GOVERNANCE
