One of the most impactful books that I have read is ‘The Outliers’ by Malcolm Gladwell. The Book is a contradiction of sorts because it talks about those who have talents that mark them apart & make them special, yet a central point of the Book is that there is no self-made man.
In the journey to the top (you and I know that I am on my way) we are often blessed with those who God places on our path to facilitate that journey as well as those whose responsibility in our lives is to provide a stumbling block. It takes a discerning mind to decipher which.
The inspiration to write this tribute came while reading a dazzling tribute about the subject of today’s celebration, the one we call ‘Teacher’, by his self-styled life-student @FlorenceOzor.
My initial feeling while reading the tribute was that of envy that I did not [or have not] had the privilege] of actually being the Teacher’s student in a formal capacity. On proper reflection, I reminded myself of the tremendous impact that Teacher has had on my career...
... in ways some of his students may not even be able to boast of.
I have shared some of these before. Today it is altogether fitting that I share them again.
I gained admission into the Faculty of Law, Abia State University in 2005 with the dream of graduating and joining a law firm in Aba or Umuahia (again please don't misunderstand me) to practice courtroom litigation practice. Because that was all I knew about Law Practice then.
It was in my first year in the University, that I met Teacher without actually meeting him. As part of our induction into the Faculty, we were forced to pay for a journal, ‘In Search of Legal Scholarship: Essays in Support of Ernest Ojukwu.’ It turned out to be money well spent.
I remember reading the biography of Teacher in that Journal and almost feeling depressed. Teacher had begun his career in 1985 when he joined Abia State University as an Assistant Lecturer at the age of 25. I know where I was in 1985, just don’t ask me.
He ultimately rose to become as Associate Professor of Law and was appointed Dean of the Faculty in 1995 at the ripe young age of 35. From there he was tapped to become the Deputy Director General of the Nigerian Law School, at the Augustine Nnamani Campus in Agbani, Enugu.
While Teacher ABSU before I joined, his reputation preceded him. With the high esteem in which my lecturers held him, it was nigh on impossible to have spent a month in the Faculty without knowing about him, 5 years after he left. I had found a mentor. Even if he hadn’t found me.
It was at the subsequent law dinner held at the end of the second semester of my first year in ABSU that I met Teacher in flesh for the first time. Listening to him blew my mind and changed my worldview on many fronts.
It was during his address at the Dinner that I heard for the first time about Teacher called "Law Clinics" which at that time didn't make sense to me, even though we had one in the Faculty.
But it piqued my interest enough for me to long for 400L when I would be qualified to be a member of the ABSU Law Clinic. And I did in 2009 under the leadership of Prof. Sam Erugo as the then Coordinator and Maureen Ify Obi Chinze as Clinic Head.
Law Clinics and clinical legal education were introduced into Nigeria by the Network of Universities’ Legal Aid Institutions with Teacher as President, current DG of the Nigerian Law School Prof. Isa Hayatou Ciroma as Vice President and Prof. Yemi Akinseye-George as Secretary.
They may not have received the accolades that they deserve but the idea that these three wise men pioneered quietly revolutionised legal education in Nigeria. All that is left is for their idea to be mainstreamed. We still cling to the hopes that this is still possible.
The products of the law clinics and CLE include Dr @aminugamawa, Daniel Bwala, @effodu Jake Okechukwu, Amalachukwu Nwazota, Victor Ukagwu, Hezekiah Ivoke, Inyene Robert, Chioma Nwigwe, @Azubuikeseth, @Iykepfs Uzoma, Opeyemi Longe, Faith Aboyeji, yours truly & numerous others.
In January 2010 I competed in the National Client Counselling Competition organised by NULAI Nigeria where Amalachukwu and I represented ABSU and we won the competition (the first winners from ABSU) and...
... thereby earned the right to represent Nigeria and indeed Africa at the 2010 Brown Mosten International Client Counselling Competition in Hong Kong.
There is no shame in admitting that I boarded a plane for the first time in my life through this platform.
These days whenever I am on board (as the frequent flyer that I have become 😃) I always reflect on that first time and that man who God used to make it happen.
I returned for the client counselling competition a few more times as a judge and also a Coach. Teacher through NULAI invited me to Abuja in 2010 (also my first time) as a speaker at an All African Conference and had me lodged me at the palatial Hawthorn Suites by Wyndham Abuja.
He also gave me the opportunity to undergo my first and only internship with NULAI Nigeria in 2011. It is an understatement to describe Teacher as a disciplinarian.
You may recall that the year 2011, the year of my internship was around the advent of social media in Nigeria. Those who know me now may find it hard to believe that I was part of those who wrote ‘short-hand’ in email communication until Teacher stopped me in my tracks.
I remember him once replying my email in red colour font because of the errors in my email and email etiquettes that I had failed to observe. I look back almost 10 years now and I remain grateful for that solid foundation.
It was also during my internship that I heard for the first time that there were commercial law firms in Lagos where law practice is at a level comparable to what obtains in other jurisdictions & who take staff welfare issues seriously. The NULAI platform gave me that access.
Lastly, just before I left University, Teacher invited me as a resource person to address Nigerian Law School students at NLS Enugu Campus. The next year when those students had become lawyers and I was undergoing my law office attachment in Abuja...
... I met one of the students that I had addressed the previous year and he couldn’t fathom why I was doing my own law office attachment that year because he genuinely thought I was a law lecturer the previous year when I came to address them.
I know he has forgotten all these but, how can I? It is for these and other reasons that my initial feeling of envy in reading @FlorenceOzor’s tribute passed when I reminded myself that despite not having been Teacher’s student in class, I have certainly been his student in life!
It is also because of the foregoing that Malcolm Gladwell’s view in ‘The Outliers’ that there is no self-made man resonates with me because in my journey so far, I have clearly stood on the shoulders of giants, one of whom is Teacher.
On the occasion of his 60th birthday, it is meet and right that I join his family, friends and most especially his students in celebrating a teacher par excellence, a legal education pioneer, a brilliant and eminent lawyer and Senior Advocate of Nigeria, Professor @ernestojukwu.
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One thing that we can all agree on is that in the course of its 60+ years of existence, the Supreme Court of Nigeria has proved itself to be one of the most important institutions of the Government of Nigeria. The Court attained this through the thousands of decisions that have emanated from the hallowed chambers of the Court’s Justices.
With an estimate of about 10,000 judgments delivered by the apex Court since 1963, attempting to select the 10 most influential of these cases is an impossible task. But that is precisely what I have set out to do in this thread. Obviously, I am not old enough to have experienced the apex Court in all its glory, but I have a sense of the outstanding history of the Court.
In arriving at this final 10, I have considered the frequency with which the chosen cases have been cited subsequently in other cases; I have prioritised decisions that have stood the test of time, especially those that have not been overturned or are unlikely to be overturned; I have included famous and notorious decisions alike, including some that I don't like; and also those that changed the course of history; etc.
Any Nigerian lawyer that is not familiar with these cases should safeguard their Call to Bar Certificate as their most prized possession, because if the Council of Legal Education sees it, they are entitled to retrieve it.
I should also add that this listed is limited to decisions of the Nigerian Supreme Court and so landmark cases such Rylands v Fletcher (1868), Carlill v Carbolic Smoke Ball Co (1893), Salomon v Salomon & Co Ltd (1897), Donoghue v Stevenson (1932), Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948), etc. which greatly influenced, and perhaps continues to influence legal jurisprudence in Nigeria, have no place in the list.
Without further ado, please see below my list of the 10 Most Influential Judgments of the Nigerian Supreme Court since 1960.
1. Madukolu v. Nkemdilim (1962) 2 S.C.N.L.R. 341
When the Federal Supreme Court Coram Brett, Taylor and Bairamian (F.JJ.) delivered the judgment in Madukolu v. Nkemdilim on Monday, the 12th day of November 1962, I am not sure that even they knew how far reaching that judgment would go. I do not think that there is any other Nigerian case that has been cited as many times as Madukolu v. Nkemdilim which established the fundamental principles of a court's competence to exercise jurisdiction. In essence, the Supreme Court held that a court must be properly constituted, the subject matter must be within its jurisdiction, the case must be initiated by due process, and any conditions precedent to jurisdiction must be fulfilled. It is impossible for you to argue the question of jurisdiction without referencing or thinking about Madukolu v. Nkemdilim. This is why the case made its way to the top of the list.
2. Lakanmi v. AG West (1971) 1 UILR 201
Some of the features of the military interventions that Nigeria suffered from 1966 to 1999 were the suspension of certain provisions of the Constitution; the instatement of Military Decrees as the supreme law of the land; and the introduction of ouster clauses that severely limited the jurisdiction of courts to challenge and the decisions of the military administrations. One of the early challenges faced by the Nigerian judiciary following the first of such military interventions in 1966 was whether the Military rulers were above the law or whether their actions were subject to judicial review by courts. Lakanmi v. AG West provided the Supreme Court with perhaps the first opportunity to address this question, and the Supreme Court rose to the occasion with a statement judgment on 24 April 1970. It had to take the enactment of Decree No. 28 of 1970, by the Federal Military Government to specifically overturn Lakanmi v. AG West and retroactively validate military decrees and oust the jurisdiction of courts to review them. This decision also gave birth to the famous “doctrine of necessity” which we have since abused and applied to sundry and mundane issues.
I am not a Catholic, but for decades - especially since reading David Yallop’s book, THE POWER AND THE GLORY and Dan Brown’s novel, ANGELS AND DEMONS - I have been intrigued by the Catholic Church. This might not come out well, but for a church steeped in a 2000-year-old tradition, one of the most fascinating Catholic events is the death of a Pope.
When a Pope dies, the world literally stops for a while and the major networks cease their originally scheduled programming for hours, if not days.
Incidentally the last time a sitting Pope died was on 2 April 2005, which means that many have never witnessed the traditions and ceremonies that surround the death and funeral of a Pope. With the passing of Pope Francis today, Easter Monday at the age of 88, I decided to explore this.
In recent times, I have been seeing tweets asking what became of the criminal trial involving Senator Orji Uzor Kalu, former Governor of Abia State, Senator representing Abia North Senatorial Zone and the Senate Chief Whip. Those tweets also piqued my interest and got me digging.
I present to you an intriguing case that raises several questions about the Nigerian criminal justice system. This is merely an informative or, if you like, educative thread and will not involve my personal views. Also, everything here is sourced from publicly available info.
About 16 years ago, precisely in the year 2007, the Federal Republic of Nigeria acting through the EFCC commenced criminal proceedings against Senator Orji Uzor Kalu; Ude Udeogu, former Director of Finance & Accounts; and Slok Nigeria Limited, a company belonging to Senator Kalu.
1. For decades, something critical has been missing in the justice delivery system in Nigeria - the lack of clarity regarding the jurisprudential or ideological leanings of our Justices, especially the Law Lords at the Supreme Court. In a way this shouldn't have been a surprise.
2. The best thing a country's justice system can offer the business community is legal certainty. It is secondary if court decisions are wrong, or wrath injustice. What is primary is that the legal community must be able to consistently prophesy with a reasonable degree ...
... of accuracy, what the courts of the country will do when presented with any given situation. One way to achieve that is by being able to decipher the ideological leanings of the Justices, especially of the policy court.
I will start this thread with a quote from a tweet by @OmoGbajaBiamila earlier today, “[d]emocracy guarantees your right to freedom of choice. However, that choice of yours is up for debate, questioning and critique by others, and that's another right guaranteed by democracy.”
The above has become necessary in view of the torrents of abuses that supporters of Mr. Peter Obi now routinely dish out to anyone who exercises a constitutional right to express an opinion against his candidature. These days, that's all it takes to become public enemy No. 1.
The abuses reached their zenith in the days ahead of the PDP presidential primaries before Peter Obi resigned his membership of the PDP. It got to the extent that Mr. Obi had to publicly censure his supporters and urged them to be of better conduct.
On 25 February 2022, President Muhammadu Buhari reluctantly assented to the new Electoral Act, 2022, but objected to Sec. 84(12) in the Act, and asked the National Assembly to re-consider it. On 9 March 2022, the National Assembly the National Assembly declined this request.
On 16 March 2022, the Hon Attorney General of the Federation while fielding questions from correspondents after the weekly FEC Meeting hinted that the FGN (Executive) is considering suing the National Assembly. On 18 March 2022, the Federal High Court struck down the section.
I have been in law practice for a few years now, at least since November 2012, I have not seen anything like this. In this thread, I will do my best to refrain from calling names but simply state things as they are. I will also not delve into the substance of the judgment.