I had only five hundred naira when I left my principal in January 1980 – Ejembi Eko, JSC

By Lillian Okenwa

“He even owed me over six months’ salary, so I gave notice that effective from 31st January 1980, I would leave the office. He thought hunger or the fear of hunger would drive me to beg him by owing me for six months but I didn’t. On 1st February 1980, I opened my law firm— Ejembi Eko, Attorney at Law.”

His destiny in the legal profession was predetermined long before his birth on 23rd May 1952.

His father Mr. Eko Abutu a native authority police officer was manning the station on a busy market day when his colleagues attended the burial of a fallen police officer. About 200 meters away from the police station, some yams were stolen. They were not anywhere near the police station but the District Council Scribe and the Native Court Scribe —registrars in today’s parlance— raised a charge of negligence against him. Prior to the incident, he had rebuked the young men for trying to seduce a relation’s wife and they hadn’t forgiven him. When the report of missing yams came, they proceeded to report the matter to Native Court Grade B in Oturkpo, 33 miles from the scene of the incident.

Determined to clear his name, Eko Abutu boarded a train at Otukpo to Enugu and got a lawyer named Balonwu. Because a lawyer cannot appear in the native court, Balonwu met the District Officer and got the matter transferred to the lay magistrate. After examining the witnesses, to establish if a prima face case had been made, it turned out to be a trumped-up charge and the matter summarily was terminated. Impressed with the manner Mr. Abutu conducted himself throughout the proceedings, Balonwu refused the balance of his professional fees. After he returned to Enugu however, old Abutu who was happy to have cleared his name but not wanting to be indebted to anyone proceeded to Enugu to give Balonwu his balance.

Immediately after he came back, he surrendered his identity card, and uniform and resigned. When asked why he did that, he declared that a good name was better than gold. Then he already made up his mind that one of his 20 children —15 girls, and 6 boys — would be a lawyer. His 16th child and last of his boys fulfilled that wish although he never lived to see it. The respected community leader, Eko Abutu passed on the day Hon. Justice Ejembi Eko wrote his final LLB exams at the University of Ife, now Obafemi Awolowo University Ile- Ife.

Father of seven — three men and four women, Justice Eko is the 4th child and 3rd son of his mother, Mrs. Onyabakpa Eko (nee Idoko). His son Eko Ejembi Eko is a Senior Advocate of Nigeria, his daughter-in-law and wife of Eko, SAN — Diana Agbenu Eko — is a lawyer and so is his second daughter — Emelda Ene Eko.

In 1988 Hon. Justice Mustapha Akanbi then the Presiding Justice of the Court of Appeal, Jos Division offered Eko and his friend Aboyi John Ikongbeh (later Ikongbeh, JCA) an opportunity to become SANs but “we felt the responsibility was rather too big. We felt that it was not for young lawyers like us. I was about 36. It was offered on a platter of gold. He bought the forms for us.”

I was called to the Bar on 1st July 1977 and proceeded straight to Kaduna for NYSC. At the Ministry of Justice where I was posted, the person I worked under, K.B Akaahs who also retired from this court took me to court. I was very excited when he announced my appearance. In just about five days after the Call to Bar, I appeared at the High court before the late Justice Shehu Mohammed. That same week I was given a file to take judgment on behalf of the Attorney General of Kwara State at the Court of Appeal sitting at Lugard Hall in Kaduna. I was so excited. Just under one week after the call I was already at the Court of Appeal. These experiences informed my passion for litigation practice. After Youth Service, I had no less than six job offers from various chambers.

Early days

Mind you I’ve never applied for any job in my life. There has never been a reason for anyone to ask for my certificates. It was only to the Supreme Court that the SSS demanded sighting my documents. That was when I went to Wesley High School Otukpo to pick up my WASC. That was also when I went to Government College Keffi to pick my HSC result and they were satisfied with the testimonial I got from Ife. My certificate is still at Ife. I haven’t collected it. For the high Court and the Court of Appeal at the time, you’re simply spotted, identified, and screened that’s all. Your work would have spoken for you so they come looking for you.

I left youth service in 1978 and began private practice with J. A. Omakwu & Co at Otukpo in 1979. We had an understanding that after one year if my capabilities were good enough, we’d become partners. One year passed and he wouldn’t discuss it. He even owed me over six months’ salary so I gave notice that effective from 31st January 1980, I would leave the office. He thought hunger or the fear of hunger would drive me to beg him by owing me for six months but I didn’t. On 1st February 1980, I opened my law firm— Ejembi Eko, Attorney at Law.

At the time I left my principal, I had only five hundred naira and I had nieces and my late brother’s children living with me. Thankfully I had developed a habit of buying food in bulk so I had enough to take us even for two months.

First brief

Within that period a particular chieftaincy matter was brewing and one of the parties wanted to hire me. They sent emissaries with three thousand naira for me but the emissary gave me only one thousand. I was only too happy to collect it considering my financial situation. The other side went for my principal who was bragging all over that he taught me law. It was an appeal matter and within one week of leaving, I was arguing against my principal.  My client was the respondent. That was my first brief. It became a blessing in disguise because the Ochi Idoma, the head of the Idoma traditional council was also a respondent in that appeal. The Idoma traditional council had waded into the dispute and resolved it in favour of my client. Without quashing the decision of the traditional council, the appellant went to the Upper Area Court and filed a completely new suit. The Upper Area Court resolved against him. The Appeal claiming that the Upper Area court was wrong was what brought me in. It was an opportunity to test my administrative law skill, having read administrative law as a major at the University.  My principal spoke for so long. I didn’t spend up to thirty minutes in reply.

Section 148 (d) of the Local Government Edict then in operation in 1976, vested the Idoma Traditional Council with the power to determine chieftaincy questions. That power was also quasi-judicial. Since it was quasi-judicial and they had done their part, what the appellant could have done was to proceed to the High Court to quash that decision instead of setting up a parallel suit. I said it was an abuse of process and the court presided by the late Justice S.C Onu and Idoko agreed with me. Both are now deceased. Idoko became the Chief Judge of Benue State and Onu retired from the Supreme Court.

Perhaps to ridicule me, my principal got up and said a new lawyer is saying that if Ochi Idoma offends you, you cannot challenge him. The news got to Ochi Idoma and before I could get to the office, Ochi Idoma had sent some gifts. The chief I was representing suspected his emissaries and asked how much they gave me. When I said one thousand naira, he put his hands on his head and gave me additional three thousand. Under one week I that had just five hundred naira had made four thousand naira! From that week it became a big harvest of clientele.

On bail

I argued the 1980 case for bail in the famous Onu Obekpa. I’d argued that it’s a basic constitutional right and that it is for whoever arrested you to show you’re not entitled to bail not the otherwise. The procedure then was that if you apply for bail the magistrates would tell you to apply formally. I felt there was no such provision in the law and wanted to test it.

Onu Obekpa was a tipper driver. He had a quarrel with his boss and handed over the vehicle and the keys. Three days later, the tipper was stolen. Out of suspicion, the boss called the police to arrest him. Obekpa at the time the bus was stolen was in his village about 40 miles from Otukpo but his boss was influential. When was arraigned, his plea was taken. After pleading not guilty, I applied to the magistrate to put him in the witness box. As I examined him, he said if granted bail he will not interfere with the investigation; he’ll comply with all the terms; anytime they want him he’ll be there. That he’s married; he had this much; showed the C of O for his two properties, and disclosed that his brothers and sisters were present and ready to take him on bail. I finished with him. The magistrate asked the prosecutor if he had any questions and he said no question. Then I made an oral application for bail that we have satisfied all the conditions and that my client is entitled to bail. But the magistrate said we should come formally.

I took it to the high court. The high court agreed with me that there’s no provision under the Criminal Procedure Code of Benue State then that required the formality of applying for bail. To date it is still a locus classicus among law students for bail on noncapital offence. I was interested in the procedure. Thereafter so many other judgments started following. I argued that area courts have no jurisdiction over a piece of land in an urban area. In another, I argued that a widow who is a Christian had no obligation to observe all the traditional rites of burial for the husband. That it was a violation of religious rights.

Morgan Ogu also cost me personal money just to establish a principle in bail. It was again another trumped-up charge. Morgan Ogu broke away from the Deputy Speaker’s camp. Then after the Shagari rally in Gboko, called Gboko ‘83 where a lot of money exchanged hands armed robbers waited for those who were leaving Gboko to get their own. Very close to Otukpo there was a robbery and the Deputy Speakers team felt it was Morgan. There was no evidence linking him but they insisted. We fought it all the way. One aspect went to the Court of Appeal Jos and back. I was interested in having that principle established. Between 1980/86 was my glorious period in private practice. I was young. I was making waves.

Poor Remuneration for lawyers

They pay them slightly above starvation level. But, you can’t say there should be a legislative intervention. NBA on its part can’t supervise every chamber. If you ask them to intervene that means all agreements should be subjected to them.  It’s bad. In my time, I was the one collecting money and banking. I was the head of chambers and administration but I never wanted to pay myself. I didn’t want to run into trouble. When my father got out of his travails, he warned us never to allow money to strain our relationship with anybody. Up till today, I try to avoid it. If you can take it take. Let me be the coward.

I never refused to go to court because a client refused to pay me

Throughout my practice, I never sued a client for owing me. Throughout my practice, I never refused to go to court because a client refused to pay me. I never asked for adjournments if my briefs were not perfected. The reason is if I got adjournment that my briefs are not perfected, I’ve lost one day. One business day. I’d rather finish the matter and rest. I do not abandon cases and that’s what I’ve told my children and everyone that passed through my chambers — never shut your doors to anybody because of money. It didn’t make me any poorer. I left J. Omakwu on 31st January 1980 and by 1984 I had built a four-bedroom house. Yet people owed me. Some of them I still maintain friendships with.

Solicitor/ General Permanent Secretary

The NBA Benue wanted to establish a directorate of civil litigation at the Benue State Ministry of Justice. Then I was making moves to go to a bigger city. When the opportunity came I took six months’ leave of absence from practice to be employed on contract for six months. Not long after, I led the Benue legal team at the Obudu/Vandekiya boundary dispute; Justice Ikomi Panel. I appeared before him with Kanu Agabi— representing the Obudu community, Paul Belabor and Edward Ashieaka representing the Vandekiya community; while I represented the Benue state government team. Given the industry with which I was working, it became obvious that the State government could not retain me beyond six months. The Attorney General then arranged with the governor and sent me to Enugu on a nondescript assignment. As I just checked into my hotel, I got a radio message to come back to Makurdi immediately. I got back only to hear that I had been appointed Solicitor/ General Permanent Secretary.

The heart of man is evil

The Etsu Karu in the FCT, Bulus Chitob was a land surveyor in Otukpo throughout the period of the civil war and had a lot of friends in Benue. We were then in Benue Plateau state. His father had a land matter involving over a hundred hectares of farmland in New Karu. The matter had gone to an Area Court where judgment was in favour of his father but the other side appealed. Then he wrote a letter requesting any Idoma lawyer in Otukpo to represent him in the matter.

My office at 14 Federal Road was the first after the rail crossing. The letter bearers saw the signboard —Ejembi Eko Attorney at Law — and stopped to deliver the letter. Meanwhile, he gave them what he called fuel money but they didn’t deliver the envelope. In another letter, the little envelope attached to the record of proceedings, he said accommodation would be reserved for me at Tate Hotel in Jos; so I took my brown Volkswagen Beetle to Jos. As if the missing fuel money was not bad enough, there was no reservation for me at Tate hotel. Again they had embezzled the money, so I went to a classmate who arranged accommodation for me at the university guest house. Meanwhile, in their fraud, they went away with the notice of appeal. This was either in 1985 or ’86 and I hadn’t met this client in person.

Very early in the morning, I went to the Customary Court of Appeal. Unfortunately, the correspondent file had no extra copy of the notice of appeal. I was in a quandary but determined not to ask for an adjournment. I’d read the record of appeal and anticipated what ground they could use. The lawyer on the other side announced his appearance and asked the court to call his case out of turn. The presiding judge, Justice Yakubu who was my call mate at the Law school said “are you sure? There’s a visiting counsel, don’t you think by practice the visiting counsel had priority?” Meanwhile, I was about 10 at the bar while he was about three but still didn’t get the message. Eventually, I asked him to call the case as I was also interested in it. When he did, I requested to have a look at the notice of appeal and he became very rude saying that lawyers should always be prepared. Grudgingly he gave me the notice of appeal. I asked for a stand down, walked across to SIM bookshop and made about six copies, gave him extra, and left some for the court.

Going through it there was only one ground that you could say was competent and if I struck out everything I’ll come back. Mind you I used my money to come so I applied that the other ground should be struck out for being incompetent and left only one. Mind you the lawyer had made so much noise. Then I said to him, let’s make an undertaking that once we started none of us will ask for an adjournment. He agreed and I asked the court to record it against both of us. When he moved his appeal and I raised this objection that all his eight grounds had been struck out he wanted to ask for an adjournment and I said no. I permitted him to orally amend the last ground I did not knock off. Eventually, I got judgment. It was then the relations of the Etsu Karu appeared. Apparently, they were in court but hiding because of the money. When they saw that I won the appeal, they came hugging me saying the chief wanted to see me at Karu. I refused and drove straight to Makurdi. The Chief kept phoning me in Otukpo. One day he sent his first son a police officer who became ADC to Shonekan to fetch me so I went over. We eventually became very close. Knowing him was an asset. He gave me choice plots of land at New Karu. When he died the family didn’t even have the courtesy to invite me to his funeral. They took over the plots the Etsu gave me and sold all. The guest house I was developing there I sold off. I didn’t want to have any problem with them. We have a saying in Idoma that it’s not in every sprinting that the dog kills a game. Money has never been my problem with anybody. These two accounts demonstrate it. The emissaries who short-changed me by two thousand and this.

Why leave a thriving law practice for the bench?

The Etsu had convinced me that Abuja was fast growing so I wanted to leave the Ministry of Justice. My chambers’ accommodation near old Central Bank in Garki, another property of his had been fixed. He was waiting for me to run my six months contract and move to Abuja only for me to be made Solicitor General in 1987. I remained there till 9th February 1989 when I was appointed to the High Court.

The interventions of the late Justice Akanbi, James Ogebe, Idoko, and so many forces convinced me to come to the bench. I didn’t apply. As solicitor general, I was in court Monday to Friday except I had meetings. It had never happened. There was no fortnight I wasn’t at the Court of Appeal Jos. The rate at which we were appearing at the Court of Appeal impressed Justice Akanbi who was the PJ of Jos Division. Aloma Mukhtar, Abdullahi, Jack, and others were with him there. That impressed them. Then I nudged my Attorney General, Bernard Hon to be appearing so they became convinced that Benue had many cases at that time. Akanbi as a young lawyer had practiced around Benue. During the Tiv riots, he was in Makurdi prosecuting. He has some passion for Makurdi and here we were always appearing, so when we invited him to hold some sessions at Makurdi he obliged. In a year they held two-three sessions. If the leadership of the Ministry of Justice was not coming frequently to the court, they may not have seen the need to hold special sessions to clear the backlog of cases or create a division of the Court of Appeal there years later.

I was at the Benue High Court from 1987 to 89. 19 years. After eight years at the Court of Appeal, I came to the Supreme Court. The moment my appointment to the Supreme Court was announced, the first call I got was from Akanbi.