By Prof. Mike Ozekhome, SAN
INTRODUCTION
THE GENESIS OF A LEGAL TITAN
There are those whose lives shine as beacons of character and integrity; people whose dedication to the attainment of justice and service to mankind transcend the bounds of the ordinary. They touch the lives of others and leave an indelible badge of honour in the sands of time. Their incisive wisdom echoes the words of the Bible in Proverbs 22:1, “A good name is to be chosen rather than great riches, and favour is better than silver or gold.” Such individuals are rare and their legacy is invariably etched in the hearts of all who witnessed their steadfastness and unyielding commitment to the principles that uphold society. One such rare breed of a homo sapien, an oracle of a Jurist,a giant among his peers and a towering pillar of the Judiciary, is the Hon. Justice Samson Odemwingie Uwaifo (JSC, Rtd; CON). We shall hereafter simply call him Justice Uwaifo. On 7th January, 2025, this nonagenarian celebrated his 90th birthday. Brilliant, luminous, strong, hale, hearty, hilarious and witty, Hon. Justice Uwaifo still chats with me on phone even as late as past 12 midnight.
His ever-alert mind and elephant memory take me up on sundry troubling socio-political, economic and legal issues besetting Nigeria, especially the Judiciary and the legal profession. We always argue; disagree; then agree. Many a time, I am forced to yield to either his superior logic or uncommon wisdom, both of which he excels in. Though happily retired as a fulfilled man who gave his all in the service of his fatherland, the living sage strikes me as someone who is greatly worried about the sorry state of things in Nigeria, especially in the Judiciary. He belly-aches about receding standards;about corruption, real or apparent in the Judiciary; about lack of credible recruitment process in the Judiciary; about the vanishing beauty of advocacy; about a litany of problems. Ha, papa hardly sleeps, agonizing about Nigeria. Billy Graham, probably had this legal colossus in mind when he once proclaimed, “when wealth is lost, nothing is lost; when health is lost, something is lost; when character is lost, all is lost”. The man that fits into the third category and who lost nothing, but gains everything because he has character in tons is papa Justice Uwaifo. He is a Spartan disciplinarian, but oxymoronically a gregarious and laughing humanist.
COMING TO MOTHER EARTH
Born on the 7th of January, 1935, in his father’s house at No. 113, Lagos Street, Benin City, Edo State, where he lived in his formative years, Justice Samson Uwaifo grew up in a community that valued honour, dignity, resilience, honesty and the pursuit of excellence. These values, instilled in him from a very tender age, were to serve as his life’s compass. They were to shape his character and define the trajectory of his entire life. It is said in African tradition that “a man’s destiny lies within him, waiting to be uncovered through diligence and purpose.” This apothegm aptly hallmarks Uwaifo’s rise, rise and rise; a journey marked by raw determination, academic brilliance and an unyielding sense of purpose.
THE TENDER FEET: JUSTICE UWAIFO’S FORMATIVE YEARS
The seeds of Justice Uwaifo’s legal prowess were sown during his formative years at the Elementary Government School Benin, where his innate curiosity and intellectual aptitude began to develop. His mother had died during childbirth when he was only 6 years old. The future looked quite bleak in terms of ever furthering his education. He helped his father in household chores. He wanted College Education, but as maters were then, someone in his family, an elder brother by another woman (who was himself already in college), was bent on scuttling and denying him that opportunity. As matters were, there was no longer a mother to steer his youthful course. His father surprisingly appeared to listen to the curious reasons proffered by that brother against him. The fellow told their father that it was better and sufficient for young Odemwingie to end up in Standard Six in Elementary School and become a pupil teacher; and no more. That piece of advice was obviously meant to hinder the young boy in life, a nefarious purpose indeed. After deep thinking on a particular day, the restless boy hired a bicycle for 3 pence and embarked upon a dangerous journey from Benin to NAIFOR, a tortuous journey marked by snaky hilly paths, valleys and dense forests. It was a perilous and risky journey as marauders and other dangerous elements were known to habitually traverse the route. But Justice Uwaifo was neither scared nor deterred. He had a mission; a goal which he focused on. The mission was to meet his maternal uncle (his mother’s younger brother), to ask for 2 shillings and 6 pence for his entrance examination to a college. He was then in Standard 5 (as it was called in those days); and he was just 12 years old. His uncle was kind enough to give him the requested sum. With this money, little Justice Uwaifo took the entrance examination to the famous Immaculate Conception College (ICC), Benin City. This was one of the premier institutions of that era. He came tops, beating all his peers in the examination. From now on, no one, not even the vicissitudes of life would stop him, he vowed. Here, his fierce discipline and incredible drive manifested and clearly set him apart from his peers. Like Bacchus, the Roman god of wine, Justice Uwaifo’s thirst for knowledge was simply insatiable. It was evident to all who encountered him then that he was destined for greatness. Was it not said by our elders that the dog that would have a curved tail is easily identified whilst still a puppy? Is it not true that it is thunder and lightning that herald rainfall? Is it not true that the morning heralds the day? After one year which was then available in ICC, he could not persuade his father to continue at St. Patrick’s College, Asaba, as was then the case. He had to finish his College education in Niger College, Benin City, where he proved to be the best; and was indeed the Senior Prefect in his last year there.
THE MAKING OF AN ACTIVIST LAWYER
Justice Uwaifo did not grow up liking law. No. He dreaded it. He had a very curious perception of lawyers and the legal profession in general. He never even dared to pass by their Chambers, particularly the two law firms on Lagos Street, Benin City. Their dark suits struck awe in him in his subconscious as a bad omen. He often wondered what they did inside their chambers and how they performed their duty in court. Did they act like spiritualists that converge in dark covens to carry out nefarious activities, he wondered in his innocent mind. He genuinely thought that incantation must be the first of lawyers’ iniquitous tools of trade; that as a second tool, they specialized in fine-tuning the art of tutoring their clients and witnesses to lie in pursuit of their cases. And because one of them who was usually stern-faced, was a known chain smoker often flickering lit cigarette between his darkened fingers, he was surrounded by the joke of always quaffing some large dose of whisky for Dutch courage before entering the court room to harass his opponent’s witnesses. Justice Uwaifo therefore concluded that alcohol and tobacco must be the third tool of their trade. This was particularly buttressed, he reasoned, having heard that lawyers were called to Bar and became members of the Bar. So, he believed they must be drinking alcohol in the Bar. Justice Uwaifo would readily have embraced Dick the Butcher in William Shakespeare’s Henry VI, Part II (Act IV, Scene II), when he said, “The first thing we do, lets kill all the lawyers”. These negative impressions of lawyers got Justice Uwaifo scared of the perverted aura they bore in his youthful imagination. He therefore dreaded ever being a lawyer. Rather, he preferred to simply take a degree in Mathematics and quietly teach somewhere, unknown, unsung.
His earlier perception of the Bench about this time did not also help matters. If anything, it exacerbated his fears. First, he could not connect the Bar and the Bench as members of the same legal profession. Although he silently admired members of the Bench, he also trembled whenever he heard of or saw even a Magistrate. He believed then that Judges must never be seen in public. Since they were reputed to have the power of life and death over fellow human beings, he reckoned they must be spiritualists who performed very dangerous and perverted duties.
But as he grew older, his negative perception of lawyers gradually started fading. He began to grudgingly give lawyers some credulity and credibility, though still very minuscule. The scales finally fell away from his eyes the day he looked through the window of a court hall and saw late Hon. Justice Ephraim Akpata (of blessed memory) as a young lawyer taking part in an election petition. For the first time, his ambition to read law was aroused. He was absolutely fascinated seeing Akpata in his sparkling wig and dark gown, with a well-adjusted snow-white neckband (bib).
Two weeks later, Justice Uwaifo saw, in the court premises, the Hon. Justice I. O. Aluyi with whom he had worked briefly before Aluyi left for Britain for studies. Justice Aluyi who had returned to Nigeria as a very young lawyer in a well-cut designer suit told Justice Uwaifo he had just argued a case at the Magistrate Court. These were persons he had been familiar with and had known for years and so could relate with. And they certainly did not fall into the category of his negative mental characterization of lawyers. He therefore made up his mind that law was not such a bad profession after all. He finally settled for it.
THE STRUGGLE TO READ LAW ABROAD
To read law in Britain with little or no financial support, Justice Uwaifo was forced to engage in menial jobs whilst studying simultaneously. To the glory of God and due to his tenacity of purpose, Justice Uwaifo obtained his LLB (Hons) degree from the University of London complete with the Bar Finals at the Inner Temple of England and Wales in a little over two and half years. The Bar examinations took place from October 1961 to April 1964. By June of 1964, he had passed his Bar finals; but there was a snag. He did not have the wherewithal to timeously register in the Inns of Court.
This means that when he passed the Bar finals, he had not done the mandatory minimum dinning terms for the call to English Bar which immediately followed. He was thus later called to the Bar at the Inner Temple in absentia on 9th February, 1965, as he had to return to Nigeria early enough for the compulsory then three months’ course at the Nigerian Law School, Lagos. This he completed in December, 1964. He was thereafter called to the Bar in 1965 with the likes of Chief Gani Fawahinmi, my late mentor of blessed memory.
Justice Uwaifo’s struggles and inner being made him see law, not merely as a career, but as a means to champion the cause of justice, what Professor Dean Roscoe Pound termed “Instrument of Social Engineering”. Serious financial challenges which might have deterred lesser men as he encountered in London, only fueled his determination to excel. Tell me how many mortals ever completed Bachelors degree in law including Call to Bar in a foreign country in about two years and eight months (October, 1961- June, 1964). I do not know of any; or do you? Please, tell me, if you do. Justice Uwaifo’s journey thus reflects the resilience of a man who believed, as Philippians 4:13 states, “I can do all things through Christ who strengthens me.”
JUSTICE UWAIFO PRACTISED LAW FOR THE COMMON MAN
Justice Uwaifo’s early career in private legal practice was characterized by an unwavering commitment to fairness and equity. His clientele often consisted of ordinary Nigerians, many of whom lacked the resources to navigate the complexities of the Nigerian legal system. He became their champion, advocating for the voiceless and holding firmly to the belief that the law should serve as a shield for the weak and a restraint against the powerful. This ethos would later define his entire judicial career and elevate him glowingly as a symbol of integrity and judicial rectitude.
LEAVING THE BAR FOR THE BENCH
In 1975, after a little over 10 years of law practice, Justice Uwaifo’s judicial career commenced with his appointment as a Judge of the High Court of the Old Bendel State which now comprises Edo and Delta States. He was barely eleven years at the Bar! His appointment to the bench was met with widespread acclaim as he had already made a name as a man of unimpeachable character, integrity and keen intellect. From the outset, Justice Uwaifo brought to the bench a philosophy grounded in meticulous reasoning and an acute bend for justice-delivery. He was quoted often saying, “Judges must act as God’s nominated agents, delivering justice without fear or favour.” This profound belief underpinned every judgment he delivered and every ruling he gave, ensuring that his courtroom became a sanctuary of justice and and a haven of fairness to all without discrimination.
As a High Court Judge, Justice Uwaifo exhibited an exceptional ability to untangle the most intricate of legal disputes. His rulings and judgments were celebrated for their clarity, precision and moral conviction. In cases involving complex questions of law, he consistently demonstrated a mastery of legal principles, coupled with an empathetic understanding of the human impact of his decisions. Reflecting on his judicial philosophy, he once remarked, “A Judge’s ’s role is not simply to interpret the law but to ensure that justice is served in every sense of the word.”
MY FIRST ENCOUNTER WITH JUSTICE UWAIFO
It was during his High Court days in the Warri Division of the old Bendel State High Court of Justice that I first encountered this colossus of a Jurist in the early eighties. I was then a rookie lawyer in the pro-masses chambers of legendary Chief Gani Fawehinmi in Lagos. Chief Gani had sent me to represent the law firm in a case in Warri as I did virtually across the length and breadth of Nigeria. Justice Uwaifo had patiently and attentively listened to my submission that lasted for over three hours. It was an era of the exhibition of the beauty of the legal profession – oratorical courtroom gladiatorial oral submissions. When I ended my lengthy submission, Justice Uwaifo with a twinkle in his eyes and a smile playing on his lips, quietly asked me, “young man, how old are you at the Bar?” I was fazed and trepid. I wondered if I had performed poorly as I was barely three years at the Bar then. Had I made a grievous legal blunder? What would I tell my hot-headed principal, Chief Gani? I sat down there, transfixed like an insect rendered immobile by some insecticides. He then openly praised my performance in court. Even then, I was not sure if he was not being merely sarcastic. Thank God the positive result of the courtroom examination was to come later. Justice Uwaifo had actually scored me with distinction in advocacy. How did I know? Chief Gani called me some weeks later and started hailing me, “Ozek baba”;“Ozek the mobile Library”;“Ozek the Dictionary”.
These were Chief Gani’s pet names for me which he echoed repeatedly whenever he was excited by my performance. I enquired what I had done right to merit this adulation. It was then he told me with éclat that he had met Justice Uwaifo at a ceremony in Benin; and Uwaifo had informed him about my superlative performance before him in the courtroom in Warri. When I appeared again before Justice Uwaifo in the same case in Warri, and also later when he was a Justice of the Court of Appeal, Enugu Division, he generously poured encomiums on me in open court. I always felt extra tallish. But more importantly, unknowingly to him, his kind words always fired the embers in me to continue to excel in my chosen profession. Thank you, sir, for being a silent mentor to me, though very much unknown to you. This you have done for countless others over the years.
JUSTICE UWAIFO AS MAN GIVEN TO LEGAL PRECISION
One of the most striking aspects of Justice Uwaifo’s judicial career was his insistence on the importance of legal precision. In Ekpenyong v. Etim (1990), he criticized the lack of focus in legal arguments presented before him, stating:
“The brief of argument filed on behalf of the appellants… contains ramblings on all sorts of complaints… Counsel should now learn to be precise along well-known guidelines in writing their briefs. It is not the volume of the argument that matters but the care with which the substance of it is presented.”
This statement reflected his demand for excellence and his determination to elevate the standards of legal practice in Nigeria. To Justice Uwaifo, every judgment, every argument and every legal process mattered. There was no room for mediocrity in the pursuit of justice. No stone must be left unturned, nor any turn left unstoned.
EARLY YEARS ON THE BENCH
Justice Uwaifo’s early years on the higher Bench was also marked by deep erudition and an ability to balance tradition and modernity in his interpretation of the law.
In Okpuruwu v. Okpokam (1988), he provided a nuanced perspective on the role of arbitration in Nigerian customary law, observing:
“I do not know of any community in Nigeria which regard the settlement of arbitration between disputing parties as part of its native law and custom… That seems more a common device for peace and good neighborliness rather than a feature of native law and custom.”
This insight reveals Justice Uwaifo’s deep understanding of societal dynamics and his commitment to ensuring that the law evolved to meet the needs of a changing society.
JUSTICE UWAIFO AT THE COURT OF APPEAL
By the time Justice Uwaifo was elevated to the Court of Appeal in 1985, he had already established himself as a jurist of exceptional pedigree. His judgments were not only legally and jurisprudentially sound, but also intellectually profound, often addressing broader societal issues that extended beyond the courtroom and the immediate case at hand. He was a firm believer in the idea that the Judiciary has a responsibility to uphold the moral fabric of society. In this regard, his judgements served as both legal precedents and moral teachings, setting a very high standard for the Judiciary. He believed (he still does) like Professor Dean Roscoe Pound, that law must serve the society as an instrument of social engineering to balance the ever-present societal interplay of centripetal and centrifugal forces. He believed that law exists to serve as a hand-maid to deliver justice. (See Bello v AG,Oyo State ( 1986) NWLR).
One of the defining characteristics of Justice Uwaifo’s judicial philosophy was his fierce independence. He was unafraid to challenge established norms or to stand alone if he had to in defence of what he believed to be right. His decisions often reflected a deep-seated conviction that justice must prevail (fiat justicia ruat caelum), no matter the personal or professional cost. This courage, combined with his intellectual rigour, earned him the respect and admiration of colleagues, legal practitioners, and members of the public.
JUSTICE UWAIFO AS A GAME CHANGER
Justice Uwaifo was elevated to the Supreme Court in November, 1998. The period he was posted to the Lagos Division of the Court of Appeal could be described as the “apogee of judicial activism”, as he easily became a game changer.
A matter that clearly showed Justice Uwaifo’s judicial activism was the celebrated case of PETER NEMI v ATTORNEY GENERAL LAGOS STATE (1996) 6NWLR)(Pt 452). The case had raised an issue of great constitutional import regarding the interpretation of section 31 of the 1979 Constitution (now section 34 of the 1999 Constitution) relating to inhuman and degrading treatment. The Appellant (Nemi) had in 1982 been arraigned before a Lagos High Court for armed robbery. The High Court convicted and sentenced him to death on February 28, 1986. The appeals against conviction and sentence to the Court of Appeal (1990) and the Supreme Court (1994) were all dismissed.
At the Supreme Court, my good friend and fellow in the human rights Community, Dr Olisa Agbakoba, SAN, was counsel to Nemi. He raised for the first time the constitutional issue of whether the delay in the execution of the death sentence passed on his client constituted inhuman and degrading treatment prohibited by Section 31 of the 1979 Constitution and Article 5 of the African Charter on Human and Peoples’ Rights.
A full Supreme Court sat to hear the matter presided over by the then Chief Justice of Nigeria, Hon. Justice Mohammed Bello. After listening to the submissions of amici-curiae such as legal giant Chief Rotimi Williams (SAN); Second Republic Justice Minister, Mr. Kehinde Sofola (SAN); and some select Attorneys-General of states, the apex court on October 14, 1994, held, per Bello, CJN, that the complaint of breach of rights indeed raised issues of “far reaching constitutional importance”, but declined to answer the question under the Nigerian Constitution put before the apex court, noting that only the High Court had the power to entertain first instance complaints of breach of fundamental rights; not the Supreme Court which had only appellate jurisdiction.
Subsequently, a fresh suit was commenced at the Federal High Court, Lagos, in 1995. The Judge declined jurisdiction on the ground that the Supreme Court had already confirmed the death sentence and that the condemned prisoner had no more rights remaining to enable such complaint about alleged breach of fundamental rights. This decision was challenged at the Court of Appeal; and then the Supreme Court.
This was where the rare wisdom and humanity of Justice Uwaifo came in full display. Not only did he make an order remitting the case back to the High Court to be tried by another judge, he made legendary pronouncements.
Hear him: “The proposition that a condemned prisoner has no right to life, cannot enforce any fundamental rights and is therefore as good as dead is quite perturbing. Does it mean that a condemned prisoner can be lawfully starved to death by the prison authorities? Can he be lawfully punished, by a slow and systematic elimination of his limbs one after the other, until he is dead? Could his legs be soaked with petrol and set on fire under a pot to boil rice by someone wearing a smiling face while this is going on since he is as good as dead and without fundamental rights? Would any of these amount to inhuman treatment or torture? Is a condemned prisoner not a person or individual? These are questions which gravely touch not only the heart but which also bring Section 31(1)(a) of the Constitution into focus even in cases of condemned prisoners”. Although Peter Nemi later regained his freedom, that was not the news. The news was Justice Uwaifo’s inerasable pronouncement which hallmarked his jurisprudence and humanity. The Nemi case was to forever change the false impression that because a convict has been sentenced to death, he no longer has fundamental rights worthy of protection. Thank you, sir for widening the hitherto narrow scope of our civil rights and liberties.
JUSTICE UWAIFO AS MENTOR AND ROLE MODEL
Justice Uwaifo’s ascent through the hierarchy of the Judiciary was marked by an unwavering commitment to the principles of democracy, accountability and the defence of citizens rights and the rule of law. He believed that the Judiciary must remain independent and impartial, serving as a check and bulwark against arbitrariness and abuses of power. Reflecting on this principle, he warned in his valedictory speech delivered in 2005 that, “There is the unfortunate tendency for some people… to misunderstand the important role of the Judiciary… Those who do not want their official action questioned regard Judges as undeclared enemies.”
These words, spoken with characteristic candour, emphasized the critical role of the Judiciary in upholding good governance and constitutional democracy. Justice Uwaifo’s dedication to this ideal was evident in every judgement he delivered and every principle he espoused whilst on the Bench.
As his career progressed, Justice Uwaifo became not just a Judge, but a mentor and role model for a new generation of lawyers and Judges. His insistence on integrity, character, precision and fairness left an indelible mark on the Nigerian legal firmament. He understood, like Prof Dean Roscoe Pound of the Sociological School of thought, that law was an instrument of social engineering; and not merely a set of rules, but a living instrument of justice, capable of defending the poor and voiceless; transforming lives and shaping societies. His life’s work is a living testament to the enduring power of these principles and a reminder of the profound impact that one individual can make on the course of history and tapestry of lives.
AT THE PINNACLE OF JUSTICE
When Justice Samson Odemwingie Uwaifo perched at the apex court of Nigeria in November 1998, it only marked a natural progression and culmination of decades of dedication to the law and the principles of justice. For many, reaching the highest judicial office in the land would signify the pinnacle of achievement, a career milestone to crown decades of legal service. But for Justice Uwaifo however, his appointment to the apex court was not an end in itself, or a chieftaincy title decoration. It was indeed the beginning of a period marked by groundbreaking judgments, profound contributions to constitutional democracy, good governance and an unwavering commitment to judicial integrity and enlargement of the vistas of our jurisprudence.
Justice Uwaifo approached his role on the Supreme Court bench with the same gravitas, precision, penchant for detailed writing in long hand; intellectual rigour, and the moral conviction that had defined decades of his career at the lower Benches. He understood that the decisions of the Supreme Court were not just resolutions of disputes; they were guiding principles that would shape policy and the trajectory of the nation’s jurisprudence for generations yet unborn. Each judgment was therefore a rare opportunity for my Lord to reinforce the rule of law, uphold the Constitution, defend citizens’ fundamental rights, enthrone justice and reaffirm the Judiciary’s role as the guardian of democracy and the last hope of the common man.
IS IMMUNITY ABSOLUTE?
One of Justice Uwaifo’s most memorable decisions was his contribution to the landmark case of Gani Fawehinmi v. Inspector General of Police (2002). This case tested the limits of constitutional immunity under section 308 of the 1999 Constitution, which grants certain protections to the President, Vice President, Governors and their Deputies. While many Judges interpreted the provision as granting absolute immunity to holders of such offices as sacred cows that could not be touched at all, Justice Uwaifo disagreed fiercely. He saw it differently. He delivered a judgment that opened up new jurisprudential frontiers and reaffirmed the principles of accountability and the rule of law for office holders. He held that though those officers listed in section 308 cannot be prosecuted whilst in office, they can however be investigated and evidence of such investigation warehoused to be used in prosecuting them after leaving office. Such evidence, he reasoned, may also be used for impeachment purposes against the named officers by the legislators whilst still in office. He elaborated with great erudition:
“To do nothing under the pretext that a Governor cannot be investigated is a disservice to the society. The evidence may be useful for impeachment purposes if the House of Assembly may have need of it. It may no doubt be used for prosecution of the said incumbent Governor after he has left office.”
This ruling resonated far beyond the courtroom, sending a clear echoing message that no individual, regardless of his high office, is above the law. Justice Uwaifo’s interpretation struck a delicate chord and balance between respecting constitutional protections and ensuring that public officials remained accountable and responsible to the people.
Justice Uwaifo’s tenure on the Supreme Court Bench was marked by judgments and rulings that affirmed his unwavering belief in the supremacy of the Constitution as a living document. In his view, the Constitution was not a rigid framework but a dynamic instrument that must be interpreted in the light of the principles of fairness, equity, societal justice, egalitarianism and societal progress. This deep philosophy is evident in his approach to cases involving fundamental rights, jurisdictional disputes and questions of the exercise of judicial discretion.
THE EVILS OF PERVERSE DECISIONS
In Udengwu v. Uzuegbu (2003), Justice Uwaifo addressed the evil inherent in perverse judicial decisions and the appellate court’s duty in rectifying miscarriage of justice. He lectured professorially thus:
“A perverse decision of a Court can arise in several ways. It could be because the court ignored the facts or evidence; or that it misconceived the thrust of the case presented; or took irrelevant matters into account which substantially formed the basis of its decision… The hallmark is invariably, in all this, a miscarriage of justice, and the decision must be set aside on appeal.”
This view further emphasized his unflagging dedication to ensuring that justice was not only done but also seen to have been done. For Justice Uwaifo, the judiciary has a sacred duty to correct errors and protect the integrity of the legal process. He also believes like Justice Chukwudifu Oputa, JSC (of blessed memory) that though the Supreme Court is “final not because it is infallible; it is infallible because it is final. Justices of this court are human beings, capable of erring. It will certainly be shortsighted arrogance not to accept this obvious truth. … This court has the power to overrule itself (and had done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error”; he also believes that “Where therefore it appears to learned counsel that any decision of this court has been given per incuriam, such counsel should have the boldness and courage to ask that such decision be overruled” (Adegoke Motors LTD v. Adesanya (1989) 13 NWLR (Pt. 109) 250 at page 275A).
According to him, “the Supreme Court is both the final and the constitutional court of the land. I need hardly to avert to the importance of this court in its role in the judiciary as the third arm of government. But I must not fail to emphasise that everything should be done to ensure the continued constitutional relevance and credibility of the Supreme Court. The court needs very capable Judicial Officers at all times to be able to achieve this”. Justice Uwaifo warned:
“Let the day never come when it may be said that the Supreme Court could not be forthright enough but buckled under pressure having regard to the manipulative dimension prevalent in our socio-political environment, but manifesting as an undergrowth, and tending to overshadow with unpredictable consequences our sense of honour and direction as a nation. The Supreme Court must always demonstrate, even more than ever in such an atmosphere, that it can neither bend nor break”.
Does the Supreme Court today still allow bold and courageous lawyers to press forward for revision of earlier judgements and not get damnified with heavy costs? I do not know; or do you?
Justice Uwaifo’s decisions were characterized by their meticulous reasoning, great erudition, intellectual depth and breadth and moral clarity. In Olumegbon v. Kareem (2002) LPELR – SC 147/1997, he provided a timeless exposition on the concept of judicial discretion, asserting:
“Judicial discretion has been described as meaning that judges are to act according to the rules of reason and justice not according to private opinion, and according to law and not humour.”
This statement encapsulated his view that Judges must be guided by objective principles; not personal biases or external pressures. It also reflected his broader philosophy that the Judiciary must remain impartial, independent and firmly anchored in the principles of justice.
APPOINTMENT TO THE SUPREME COURT OF NIGERIA
Justice Uwaifo who was appointed to the Supreme Court on November 25, 1998, posited that appointment into the nation’s apex court should not be “a court for all comers simply because they have been in the Court of Appeal, nor appointment to it be based on favour or just any other cause”.
He went on in his valedictory speech of January, 2005, “My second suggestion is that lazy Judges should not be appointed to the Court of Appeal. A lazy Judge is easy to identify. Thirdly, an incompetent Judge should be similarly denied appointment. He is as reprehensible and irritating as a corrupt judge. Both are twin evils all said and done”, he submitted.
In expressing his concerns, Justice Uwaifo stated that “if those in charge have a better option and are prepared to apply it, then it can be said we are all travelling in the same direction. But let there be acute awareness that the judiciary, particularly the Supreme Court, is the hub of stability for this country; and let us not assume that things cannot go wrong if there is no new approach to its well-being”.
JUSTICE UWAIFO’S RAW COURAGE AND SINGLE-MINDEDNESS
Beyond the legal intricacies of his judgments, Justice Uwaifo’s tenure on the Supreme Court was defined by raw courage and independence of mind. He was unafraid to challenge powerful interests, confront societal injustices, or dissent (even with the majority) when he believed that justice demanded such. His judgments often served as a moral compass, offering guidance not only to the Bench and legal practitioners, but also to the broader society.
THE EPIC VALEDICTORY SPEECH LIKE NONE OTHER
On January 24 2005, Justice Samson Odenwingie Uwaifo honorably bowed out of the apex court upon attainment of the constitutional age of 70 years; but not before ruffling some feathers. The man who was never shy of expressing strong opinions whenever the occasion arose, lived up to expectation and his billing. Like most valedictory sessions, the court was jam-packed. Friends, relations, admirers, the Bench, Bar, well wishers and all who wanted to identify with the retiring Justice were present. At 10.00am on the dot, the session had already commenced. As usual, the then Chief Justice of Nigeria, Hon. Hon. Justice Muhammadu Lawal Uwais, presided. It was a regular event. Several speeches were made. All the nice things were, as expected, said about the outgoing judge. A few swipes were directed at the government, the Bar, Bench and a little on some alleged undesirables here and there. Though he had been described as an activist Judge, what many perhaps did not anticipate that day was the penetrating force of the valedictorian’s speech. Unlike most Justices that generally took it easy and massage sundry egos when exiting the apex court, Justice Samson Odemwingie Uwaifo had plenty to say. And in saying them, he bruised toes and gave bloody noses.
JUSTICE UWAIFO’S NUGGETS ON CORRUPTION
In one take-away nugget in the epic speech, Justice Uwaifo admonished all like a priest speaking from the pulpit:
“No Judge worth the name should feel inclined to hide any positive element of his head in the closet through fear or favour, or from corrupt motives or simply on grounds of intellectual compromise when reaching a decision. He must to the best of his ability act as God’s nominated agent.”
He believed that the law should serve as a shield for the vulnerable and a check on the powerful. In his view, the Judiciary’s role extended beyond merely interpreting statutes, to safeguarding the moral foundation of society. His warnings against judicial corruption were particularly resonant in his valedictory speech.
Justice Uwaifo looked straight at the audience inside the imposing Supreme Courtroom and asked a question rhetorically: “who is more harmful to the society between a man who runs amock with a dagger in a crowded street and a corrupt Judge?” Without waiting for an answer, he readily gave his verdict thus:
“A corrupt Judge is more harmful to the society than a man who runs amock with a dagger in a crowded street. He can be restrained physically. But a corrupt Judge deliberately destroys the moral foundation of society and causes incalculable distress to individuals through abusing his office, while still being referred to as ‘honorable.’ It is difficult to bring him to account under our system…”
His speech captured the gravity of his warnings about the dire consequences of corruption within the Judiciary. Justice Uwaifo recognized that the trust placed in Judges was both a privilege and a profound responsibility, one that must never be compromised.
Channels television aired in Benin City on 14th October, 2016, he ruminated on corruption on the Bench and how to tackle it:
“I will not say that the Nigerian judiciary is corrupt, but it cannot be denied that there are corrupt judges. If a judge is corrupt, he is no longer a Judge; he is a thief and therefore he should be treated according to law and sent to jail. The substantive issue is corruption: is it true that these people were actually corrupt and that huge sums of money were found in their place? If that is so, the question of the procedure that was taken will be secondary. Well the DSS can be punished for what they did, but the result if the money was actually found particularly when I considered that Court of Appeal Justice who demanded 200 million naira was found to be true, but they retired him. That one is completely unacceptable. They shouldn’t have just dismissed him; they should have dismissed him and then sent him to jail. If you do that – send this one to jail, send the other to jail, those who are really corrupt when you find them, corruption will stop straight because they would be afraid, Judges will be afraid, because it can happen. But if you just retire them, they will simply say, “um, don’t mind them”.
JUSTICE UWAIFO ON CORRUPTION AND INTELLECTUAL LAZINESS AS HARBINGERS OF FEAR
Justice Uwaifo warned that “no judge worth the name should feel inclined to hide any positive element of his head in the closet through fear or favour, or from corrupt motives or simply on ground of intellectual compromise when reaching a decision. He must to the best of his ability act as God’s nominated agent. That has been my personal moral philosophy of the duty call of a judge since I was appointed a High Court Judge. So, a judge should not just write his judgment. He must let it appear he made it with a clear commitment to convince. That must be demonstrated by the quality of its analysis and transparency. An unconvincing judgment is like a song rendered in awkward decibel: it can neither entertain nor can it be danced to”.
JUSTICE UWAIFO ON A COURT’S JURISDICTION
Justice Uwaifo’s judgements on issues of jurisdiction, particularly in cases such as N.D.I.C. v. C.B.N. & Anor (2002), further cemented his legacy as a Jurist of exceptional clarity, erudition and uncommon insight. In that case, he held that jurisdictional challenges could be raised at any stage of legal proceedings, provided that sufficient facts supported the argument. This ruling reinforced the principle that jurisdiction is a fundamental issue that goes to the heart of a court’s authority to adjudicate a matter.
JUSTICE UWAIFO ON DEMOCRACY
While his legal opinions were firmly rooted in the principles of fairness and justice, they also reflected his wit, wisdom, and deep understanding of human nature. He once remarked, “Democracy is most obviously seen to be necessary when the tendency of an autocrat puts justice at risk. But one sure way of making democracy stay on course is to enthrone justice.”
This observation encapsulates his belief in the intrinsic link between justice and democracy. For Justice Uwaifo, the Judiciary was not merely an arbiter of disputes, but a cornerstone of democratic governance. Justice Samson Uwaifo’s time on the Supreme Court bench was a period of profound impact and enduring legacy. His judgements continue to serve as guiding light for legal practitioners, scholars, and judges across Nigeria and beyond. Through his judgements, speeches, and unwavering commitment to the principles of justice, he affirmed the judiciary’s role as the guardian of democracy, the protector of human rights, the defender of the poor against arbitrariness and repression and the conscience of the nation.
THE LEGACY OF AN ICON IN RETIREMENT
The legacy of Justice Samson Odemwingie Uwaifo transcends the courtroom, reflecting the enduring impact of a life dedicated to justice, integrity and the preservation of democratic ideals. When he retired from the Supreme Court of Nigeria in 2005, his departure marked the end of a golden era of a judicial career unparalleled in its breadth and depth, and unmatched in its plenitude and amplitude. Yet, his work continued to ripple across the nation’s legal landscape and beyond, cementing his status as a symbol of judicial excellence and moral clarity. For example, shortly after he retired from the apex court bench, the Osun State government would not let him rest. It pulled him out of retirement to head the Uwaifo Judicial Commission of Enquiry which was set up to investigate sundry human rights abuses by police officers.
Justice Uwaifo’s post-retirement years exemplify the principle that the pursuit of justice is a lifelong calling; it is a marathon race, not a 100- metre dash race . His transition from the bench to roles as a consultant, arbitrator and mentor showcased his unwavering commitment to fairness and equity. He is often sought after, even at 90, for his wisdom in resolving complex legal and social disputes, his impartiality and moral compass making him an indispensable figure in arbitration. Justice Uwaifo’s role in these capacities demonstrates his belief that the law, when wielded correctly, could serve as a tool for societal transformation.
In addition to his work in arbitration, Justice Uwaifo has become a powerful advocate for judicial integrity. At public addresses and professional engagements, he consistently emphasizes the dangers of corruption within the Judiciary, framing it as a moral and societal cancer. His warnings are clear and uncompromising: a Judiciary tainted by corruption not only fails the people but undermines the foundation of democracy itself. Justice Uwaifo has argued passionately for systemic reforms to safeguard the judiciary’s independence and ensure that its officers remained beyond reproach.
His speeches and writings during this post-retirement period has also focused on the role of the Judiciary in upholding constitutional democracy. He is always deeply concerned with the growing tension between executive overreach and judicial independence, a dynamic he viewed as potentially catastrophic if unchecked. He believes the Judiciary ’s role extends beyond the resolution of disputes to the protection of societal morality and the rights of individuals. His voice has become a clarion call for preserving the balance of power in governance and ensuring that the Judiciary serves as a true check against abuse of power.
In his mentorship of younger legal practitioners and judges, Justice Uwaifo has left a legacy that cannot be erased. His insistence on character, integrity, honesty, hardwork, discipline and ethical conduct has become a guiding light for those entering the legal profession and others. He once remarked in private conversations with mentees that “a Judge’s wisdom is measured not by the length of his rulings but by the fairness of his decisions and the clarity of his reasoning.” This focus on clarity and fairness has become a hallmark of the training he provides to the next generation of legal minds.
Justice Uwaifo’s retirement has also allowed him to reflect on the evolution of Nigerian law and its trajectory. He is a staunch advocate for the continuous education and improvement of judges, emphasizing the need for them to remain intellectually sharp and socially aware. He championed the idea that the judiciary should not only be a repository of legal knowledge but also an engine room for societal progress.
Throughout his life, Justice Uwaifo has demonstrated an extraordinary ability to blend the letter of the law with its spirit. His understanding of justice as a living, breathing principle informed every aspect of his work. He views the judiciary as a sacred trust, charged not only with interpreting statutes but also with protecting the soul of the nation. His influence extends far beyond the confines of the courtroom, shaping public discourse on governance, accountability and the rule of law.
Justice Uwaifo is today a revered elder statesman and dispute-resolution expert. His name is synonymous with hard work, integrity and judicial excellence. His words and deeds continue to inspire generations of legal practitioners and Judges, serving as a reminder of what it means to serve with honour, dignity, character and humility. His life’s work is a testament to the enduring power of strong principles and the transformative potential of justice.
Justice Samson Uwaifo’s legacy is not merely etched in the annals of Nigerian legal history; it is enshrined in the hearts and minds of those who truly believe in the rule of law. His contributions remind us that being on the Bench is not just a profession; it is a calling; one that requires courage, conviction, and an unwavering commitment to the truth. As his life demonstrates, a good name, built on integrity and service, is indeed better than silver or gold.
JUSTICE UWAIFO’S WORKS TO BE CELEBRATED IN LAGOS
On the 19th of February, 2025, there will be a public presentation and launch of a landmark book on the retired Justice S.O. Uwaifo in Lagos. The book is titled “A Legacy of Jurisprudential Wisdom and Substantive Justice”. This book confirms all I have written and reflected above about the judicial career of our legendary Justice Uwaifo.
Through the usual vicissitudes of life and the natural ageing process, Papa Uwaifo, once always clean-shaven, today adorns his handsome face with grey beard. He may carry his tall elegant frame with slight graceful bent, but the quintessence of the man and his huge mental acumen remain intact, uncorrupted by age. He still, like Andrew’s Liver Salt, bubbles with the sap of life like a yam tendril in the rainy season (thank you, Chinua Achebe, for your epic, “Things Fall Apart“).
Surely sir, you have lived by your name – “UWAIFO” – “Wealth that does not end”. Truly, your wealth of character does not end. What is more, your middle name, “ODEMWINGIE“, has, going by its literal translation, “fortified your prosperity”. Soldier on sir. May God grant papa Justice Uwaifo long life, good health and peace that passeth all understanding as he bravely marches on into the centenarian bracket. Yours is truly Gen 6:3 and Philippians 4: 17.
