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
Uwaifohad 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 justiciaruatcaelum),
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 emphasize 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.
By:
Prof. Mike Ozekhome, San, Con, Ofr, Ll.D