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The triumph of an orphan

Lillian Okenwa
By Lillian Okenwa
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He hoped to be a judge someday, may be at 45 and possibly retire at 65. In the meantime, he was enjoying his time in the courts arguing cases. He was satisfied with his work at the Ministry of Justice. Then it happened. At the age of 36, he was invited to become a Judge. And that was nine years earlier than his projection, but he would have none of it. He stoutly resisted the invitation because he just wasn’t ready. Then his seniors prevailed on him. A very convincing proposal did it. “There is a backlog of cases in the North-East, so we want you to help. When the backlog is cleared, you may go back to the Ministry,” said the proposal. That sounded fair enough. But, he never returned again.

He started off as an acting Judge; not full time Judge. After the first six months, instead of returning him back to the ministry, his name was taken to Lagos for a substantive appointment. And so began a journey that saw him in judicial office for a little over 33 instead of the 15 years he originally hoped for.

On June 12 2006, Hon. Justice Muhammadu Lawal Uwais, retired after serving for 26 years as a Justice of the Supreme Court, and 11 years as Chief Justice of Nigeria. Battling emotions on that day, he narrated the story of how a poor orphan boy rose to become the longest serving Justice of the Supreme Court and second longest serving Chief Justice of Nigeria (CJN).

Counting his blessings, Uwais recalled that after losing his father at the age of six, it was his mother’s second marriage to a headmaster that precipitated his going to school.

In an emotion laden speech, he catalogued several hurdles he encountered before getting a scholarship to study law and eventually rose through the ranks in the Civil Service of the then Northern Nigeria.

The former CJN, equally reminisced that amongst those who enrolled to study law in 1960 with him was Hon. Justice Mustapha Akanbi, former chairman, Independent Corrupt Practices and Other Related Offenses Commission (ICPC). 

Though modest in listing his successes in office, Uwais disclosed that he introduced the special sitting of the court in September to mark the beginning of the legal year and have new Senior Advocates sworn in.

In 1998, he was able to convince General Abdulsalami Abubakar, as military Head of State, to appoint more Justices of the Supreme Court, and for the first time ever since the 1979 Constitution came into operation, the Court got its full complement of 16 Justices. He also introduced three terms for the Court in the legal year, during which arrangements of panels changed.

Born on June 12, 1936 in Zaria, Kaduna State, Justice Uwais will be remembered for making many remarkable imprints on the court and indeed, Nigeria’s judicial system.

 The one-time CJN who had the privilege of being the first alumnus of the Nigerian Law School to occupy the exalted position of the Chief Justice of the Federal Republic of Nigeria, got to the apex court at age 45; the age at which he had hoped to become a High Court judge.

His court amongst many notable judgments will be remembered for expanding the political landscape by allowing the registration of new political parties by the Independent National Electoral Commission (INEC) in November 2002.

Elevated to the Supreme Court on August 15, 1979, under General Olusegun Obasanjo, then military Head of State, his first case was the popular 12 two-third case between the late Chief Obafemi Awolowo, of the then Unity Party of Nigeria, (UPN), and Alhaji Shehu Shagari, of the defunct National Party of Nigeria (NPN). 

Still very fresh at the court, Uwais who was at that time nicknamed “baby of the court” for his youthful appearance, was invited by the then Chief Justice of Nigeria, Justice Atanda Fatai-Williams, to join the panel that decided the appeal which today is a cause célèbre.

This was because Justice George S. Sowemimo, who later became a CJN himself, declined to be part of the panel. His excuse was that he convicted Awolowo in the 1960’s in the then Western Region.

Justice Uwais attended Tudun Wada Elementary School, Zaria, in 1946 before proceeding to Zaria Middle School in 1950. He was at the famous Barewa College, Zaria -1952-1957, and later proceeded to the Institute of Administration, Ahmadu Bello University, Zaria, 1960 – 1961.

From the Institute of Administration, Ahmadu Bello University Zaria, he left the shores of Nigeria to London where he enrolled in the School of Oriental and African Studies, University of London.

While at the School of Oriental and African Studies, he undertook the programme at the Inns of Court School of Law, Council of Legal Education, between 1961-1963, and between 1961-1962, Uwais was a student of Gibson and Weldon College of Law, London.

In 1963, he enrolled at the Council of Legal Education, London for Bar Finals and was called to the English Bar at the Middle Temple in July 1963.Two months after he returned to Nigeria, he enrolled at the Nigerian Law School for a vocational training that lasted three  months (September – December 1963).

“His court amongst many notable judgments will be remembered for expanding the political landscape by allowing the registration of new political parties by the Independent National Electoral Commission (INEC) on November 2002.”

He came to be Pupil State Counsel, Ministry of Justice for the Northern Region in 1964 and Senior State Council within the same department by 1969. He joined the bench as Acting High Court Judge for the North Central, Benue-Plateau and North-Eastern States of Nigeria in 1973, and received the permanent position the following year.

In 1976, he became Acting Chief Justice of Kaduna State, and in 1977, went to the Federal Court of Appeal. He was elevated to the Supreme Court of Nigeria in 1979.

In 1991 he was appointed Acting CJN, and then became substantive CJN in 1995.

About a month after he assumed office as CJN, Uwais pledged to do his best.

 He told a gathering of his friends at a dinner in Kaduna on January 15, 1996, that: “I am aware of the ills that afflict the judiciary. I am duty bound to do my very best during my tenure of office; to meet the expectations of all the citizens.”

He served as Chairman – Judicial Commission of Inquiry into the Awards of Contracts by the Military Government of North-Central State, Jimeta Disturbances Tribunal amongst many others.

He has also been an Honorary President of the World Jurist Association since 1997. His recognitions through national honours include – the Commander of the Order of the Niger (CON), and the Grand Commander of the Order of the Niger (GCON.)

He has two wives, Hajiya Saratu Ahmed, whom he married in 1960, and Hajiya Maryam Isa Wali, married in 1988.

Former Chief Justice Uwais served under five Chief Justices viz: Sir Darnley Alexander, Atanda Fatai-Williams, George Sodeinde Sowemimo, Ayo Gabriel Irikefe and Mohammed Bello.

 In 2010, the retired CJN was voted first runner-up, News- watch Man of the Year for his leadership of the Electoral Reform Committee, whose report ruled discussions nationally all through 2009. He dominated political discussions across Nigeria throughout 2009.

“My interest right from school was to study law. I was looking for scholarship to do that because to study law then, you would have to go to England. In fact, my father died while I was 6-year-old. So, I was brought up by my mother and she couldn’t afford sending me to England. So, I had to look for government scholarship.”

Having retired as CJN on June 12, 2006 he returned to national prominence again scarcely a year and two months later. On August 28, 2007, President Umaru Musa Yar’Adua, inaugurated a 22-member Electoral Reform Committee (ERC) which he chaired, to “examine the entire electoral process with a view to ensuring that we raise the quality and standard of our general elections, and thereby deepen our democracy.

In the report he turned in on December 11, 2008, the ERC made profound recommendations that kept electoral reform on the front burner throughout 2009.

He also distinguished himself under Obasanjo’s second coming between 1999 and 2007. For example, in 2001, the Supreme Court gave a landmark ruling on resource control by oil producing states, especially the seaward boundary of littoral states which helped to identify which resources are on and off-shore. This finally settled the dispute between states and the federal government over the ownership of oil resources.

Also important was the nullification of the Electoral Act 2001. The National Assembly passed the bill into law but smuggled some provisions into it, the most controversial being the tenure elongation of local government chairmen from three to four years.

Consequently, the 36 state governors challenged the Act in court. The Supreme Court declared the tenure extension unconstitutional. Not only that, all the objectionable aspects of the Act was expunged, thereby paving the way for a new law, the Electoral Act 2002.

Uwais checkmated former President Obasanjo’s unilateral amendment of the revenue sharing formula in favour of the federal government, and removed the first line charges it used to enjoy.

In deciding a case instituted by the states against Federal Government, the Supreme Court said the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC), should be allowed to determine the revenue formula.

The non-observance of the constitutional provision on Joint State Local Government Account by the Federal Government was also resolved by Uwais’ court. Under the 1999 Constitution, revenue accruing to local government councils should be paid into the Joint Account from where it would be disbursed to the Local Governments.

Some states respected this constitutional provision while others flouted it. On its part, the Federal Government released funds directly to the Local Governments.

Following separate suits instituted by Lagos, Ogun, Oyo, Ondo, Osun and Ekiti States, the apex court ruled that the parties should uphold the constitutional provision.

Since he retired in 2006, over eleven books have been written in his honour. This makes him the most celebrated former CJN.

But did you know his Lordship was also a journalist?

He said: “I was a journalist too. I joined the Ministry of Information of Northern Nigeria in 1959 as Publicity Assistant. Our job was to issue press releases of government activities and to cover tours of the then Minister. If the minister was to go out on tours, you are responsible for giving publicity to all that happened during the tour.

“While I was with the Ministry of Information, I applied for a scholarship and that was how I succeeded in getting the Scholarship to study Law at the institute of Administration in Zaria.

“I left after I became a lawyer. I had to be transferred from the Ministry of Information to the Ministry of Justice as pupil state counsel. While working as a journalist, each one of us had a camera to take pictures that would match the story.

“I left secondary school in 1957. In 1958, I worked with the Nigerian Tobacco Company (NTC) in Zaria. Then I left there to join the Ministry of Information as Publicity Assistant.”

The price of success is hard work, dedication to the job at hand, and the determination that whether we win or lose, we have applied the best of ourselves to the task at hand.

– Vince Lombardi

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Lillian Okenwa
Lillian Okenwahttps://lawandsocietymagazine.com

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