By Lillian Okenwa
He has been described by many as a jurist par excellence and an accomplished intellectual of no mean standing. Others see him as one who had a sterling career, one of the most fearless judges in recent Nigerian history whose reputation by a single judgment suffered a mortal blow.
What many do not know is that at the time nominations were sent in for appointments to the Supreme Court in 2014, he was preferred above other more senior justices from the South East zone by the then Chief Justice of Nigeria (CJN) Aloma Muktar. Justice Mukhtar reportedly said that in all her years in the Court of Appeal and the Supreme Court, she had never been able to upturn Nweze’s judgement. She reportedly concluded that Nweze could not remain in the Court of Appeal while he is writing Supreme Court judgements.
Indeed, law teacher and ex-Chair, National Human Rights Commission (NHRC) Prof. Chidi Odinkalu, had this to say about Justice Nweze: “Chima Centus Nweze was an extraordinarily bright man to whom Providence was very kind.
“When the Supreme Court vacancy filled by him fell open, many thought Justice Raphael Agbo, who was his senior to the Bench and on the Court of Appeal, would get it. There was a lot of bench pressing on Agbo’s behalf by powerful people. It was thought that he would be recompensed for his being by-passed for the office of Enugu State Chief Judge in favour of a much more junior person. But the then Chief Justice was impressed by Nweze on very objective grounds and he got the nod ahead of everyone else.
“In the nature of these matters, both Justice Nweze and Justice Agbo have passed on in the same month. Sadly, at the peak of a benighted career, he blotted his judicial copybook with some infamous judgments such as those in the Kunle Kalejaiye and Nwobike cases.
“Tragically, posterity’s conclusions are not done in footnotes. So, most are more likely remember him for the infamy of the Lawan judgment in 2023 rather than the righteous foresight of his forceful dissent in 2020 in the Imo State Governorship case. May the Heavens do their thing, be merciful in judgement and grant him eternal peace.”
One time Chair of Nigerian Bar Association (NBA) Abakaliki, Tony Okah said: “A brilliant man and great jurist. A Professor, Ph.D. holder able to speak six languages (self-taught). Unfortunately, history won’t be kind to him. He saw Nigeria on the move and put a wedge on its wheels. The damage of his last judgement has cost our nation greatly.
“His bold dissenting judgment in the Emeka Ihedioha’s application for review of the unfortunate judgment of the Supreme Court now pales into insignificance in the light of his leading judgment in the Machina appeal.”
But many have also wondered if there is more to Justice Nweze’s decision in the Manchina v Lawan judgment. An editorial published by Whirlwindnews on 2 August 2023 reads:
“Not a few Nigerians saw the outing of the erudite jurist and scholar as completely direct opposite to that of his firm stance in the Uzodimma case. For emphasis, Nweze had cautioned his colleagues to reconsider their position after Ihedioha had returned to urge the apex court justices to reverse themselves. In the dissenting judgement, Nweze, who had held that Uzodinma misled the court by crediting unverified votes in 388 polling units to himself, had warned: “This decision of the Supreme Court will continue to hunt our electoral jurisprudence for a long time to come. This court has a duty of redeeming its image, it is against this background that the finality of the court cannot extinguish the right of any person.
“‘I am of the view that this application should succeed. I hereby make an order repealing the decision of this court made on January 14 and that the certificate of return issued to the appellant (Uzodinma) returned to INEC. I also make an order restoring the respondents (Ihedioha) as the winner of the March 9, 2019 governorship election.’
“So, what happened that he could switch in such a manner so soon after? For one, going by the doctrine of justice must not only be done, but seen to have been done, many saw and still see the case of Uzodimma carrying the same weight as that of Lawan, in terms of misapplication of justice. They could not be bothered about the technicality upon which the late jurist and his two other colleagues relied on.
“All what a completely stunned public could see was the meat of the case. Lawan had contested the presidential ticket of the APC held in June of 2022 and by virtue of the Electoral Act of that year, was clearly not qualified as the amended act, had barred anybody from contesting for two positions in an election circle. So, what happened that Nweze, a known advocate could jettison this clear provision, in preference to mere technicality?
“How could such a character with steely mindset on delivering justice at whatever cost be associated with such an obvious judicial heist? That has become the basic question, which has been accentuated with his death. There are fears that the late jurist did not act out of self-will. There is a version that claimed that he was forced to deliver the judgement.
“In fact, one account stretches the issue further, informing that, that singular outing that became a serious blemish on his otherwise blistering career quickened his death and sent him to his early grave, metaphorically and literally. First, it was said that he could not live with the consequences. Second, he was said to have been denied visa to travel to the US to attend to his health.
“Unverified as it appears, what if that narrative is the true picture? What does it portend for the Nigerian judiciary? The answer is obvious. If someone as hard-willed as Nweze could capitulate under pressure, as it was alleged, who then could survive? Indeed, right from time immemorial, the case of the independence of the judiciary or lack of it, has always come to the fore in justice systems across the world.
“While there is the belief that no judiciary is completely free anywhere in the world as judges are prone to external influence, the case of Africa is considered worse, with Nigeria being no different. In fact, the 1962 comments of George Sodeinde Sowemimo, in the celebrated treason trial of the late Obafemi Awolowo against the Federal Government, remains one of the most historic examples. Before the late judge sent the former Leader of Action Group (AG) to jail, he had prefixed his pronouncements with the expression – my hands are tied. Tied by what, whom? The answer has not been provided till date.”
