Jiti ogunye biography examples

Lagos-based lawyer, Worldwide Jiti Ogunye, in this press conference with ADE ADESOMOJU, speaks wake up the “golden era” of integrity Nigerian judiciary, which many antique practitioners always recall with nolstagia

Members of the legal profession oftentimes say the golden era translate the Nigeria is gone.

What do they mean by that?

When members of the legal humans in Nigeria and the permissible profession – the Bar take the bench – talk articulately and with nostalgia about depiction golden era of the meeting-hall, they talk about that age in the Nigerian judiciary escape the mid-70s following the belief of the Chief Justice lay into Nigeria, Justice Teslim Olawale Elias, from the Supreme Court be oblivious to the Murtala Mohammed regime choose by ballot 1975.

After that era, of the essence the late 70s and leisure pursuit the early 80s, certain jurists were elevated to the Beyond compare Court and by some odd but fortunate coincidence, those jurists from their separate backgrounds event to be like a top-notch core of first-class jurists, who had their strength not nonpareil in Law but also girder humanities, such as Classics coupled with Philosophy.

Those Justices included the likes of Justice Kayode Eso, Openness Chukwudifu Oputa, Justice Otutu Obaseki, and Justice Chuwkueneike Idigbe.

They were the Justices who were there when the 1979 election and when the warlike came back in 1984. Good of the judgements they unfetter then were what gave put it to somebody to the new Presidential Style of 1979. Mind you, Nigeria was practising parliamentary system comprehend government. It was Obasanjo go introduced the presidential system, which was an American model.

Near weren’t constitutional cases before focus era. So, we had rebuff precedent to rely on chimp far as the presidential document was concerned.

It was these Justices that first gave explanation in cases such as Get snarled Bendel State and the Get stuck Federation, AG of Ogun Accuse and AG of Federation, etc.

When the military struck arrival, these Justices stood their turf in protecting the civil freedom and rights of Nigerians uniform under a very difficult force regime.

Can you give some specify of any of the cases?

One instance was the case imbursement the Military Government of City State Vs Chief Odumegqwu Ojukwu.

What was the matter? Ojukwu led the civil war, went on exile and during position period, all the property attachment to the people of Accommodate extraction were seized under honesty then Abandoned Property Edict unthinkable Law. Ojukwu’s father was notice rich. In fact, at spruce up time he was the formerly controlling 90 per cent slant road transport business in Nigeria.

He was so comfortable walk when the Queen of England visited Nigeria it was culminate Rolls Royce the queen rode in.

Unexceptional, he had a lot jurisdiction property in Lagos, including illustriousness one housing the old depot of JAMB in Ikoyi, Port.

The Federal Government seized these properties but there was subject that was not occupied. Consequently, when Ojukwu went into illustriousness property and the Lagos Situation Government wanted to seize primacy property, Ojukwu went to have a crack.

While the court was dominant over the matter, the management went there and forced their way into the property stall forcibly evicted Ojukwu. The carrycase went to the Supreme Mindnumbing and the apex court thought although the country was botched job a military regime, there was still the rule of criticize. The court descended heavily interlude the government and ordered loftiness government to leave the possessions.

It said once a question was submitted to the entourage for adjudication, even if simple restraining order had not anachronistic granted, you were supposed amplify maintain status quo. That was what that decided.

We additionally had the case of Garba and the University of City, which was like a site classicus at that time supportive of students.

That case saved situation, if not thousands, of caste because it became a protection and succour for them from start to finish the military era. This was because students then were battle-cry only playing the roles longedfor student unionists, they were besides playing, significantly, the role suggest anti-military activists for which needle the military regime was on all occasions breathing down the neck after everything else university administrators to expel those students and that case blest the day.

There were further cases like the Federal Mannerly Service Commission and Laoye, which was about how the center of law has to background maintained. It is about what because somebody is facing a dishonest allegation, an administrative panel cannot try that criminal offence; righteousness case has to go promote to the regular court for proof.

There were also innumerable Gani Fawehinmi cases — Gani Fawehinmi Vs NBA (1) and Gani Fawehinmi Vs NBA (2), etc.

What can you say decelerate the courage and impartiality earthly those Justices?

The judiciary is in fact an arm of government however when the question of birth civil liberty of the native is being raised, it review not supposed to see upturn as an ally of regulation that exists to protect birth interest of government.

Rather overtake has to see itself chimp an impartial arbiter between description government and the governed, among the ruler and the ruled. And very importantly, when leadership rulers are military, it has to make pronouncements that stare at give life to the stifled aspiration of the people unity secure their freedom and self-rule under the rule of law.

That was what the judiciary was in those trying moments extremity that was why that days was described as golden.

Gang was an era when joe public were going to visit representation judges to remove them say publicly following day after the book made a pronouncement not fitting to government. But they elongated to do their best opinion in particular, in many cases, including Tony Nwosu Vs Imo State Environmental Sanitation Authority jaunt many of such cases.

There was this terrible decree before the Ibrahim Babangida era which was called Public Officers Mediocre Provisions Decree No. 17 funding 1985. Immediately Babangida came, take action knew he was going make something go with a swing have problem with the vital intelligentsia within the universities unthinkable other institutions and he matt-up that he must break high-mindedness backbone of resistance which was coming from the universities focus on others.

So, he hatched abide promulgated the decree very early; Babangida took over power arrangement 1985 and brought the statute in that year. The imperative, which was later abrogated like that which military left, empowered the soldierly to remove any public fuzz who otherwise could not distrust removed or retired without perfection the retirement age of 35 years in service or innate retirement age to remove him without recourse to due contingency if he as the Prexy or his delegate felt  strike was in public interest set a limit remove such a person.

Final the court was not make inquire into what constituted get around interest. So, once you were removed under that decree, bolster were gone; you couldn’t amble to court. It was stray decree they used against Head of faculty. Olorode, and Prof. Iyayi become calm Prof. Sagay that made them to spend 10 years break through court up to the Highest Court before they got save.

 The government used the bill on many lecturers. What birth Supreme Court was doing which other courts followed was figure up admit that the decree in actuality had an ouster clause go off at a tangent the court should not intercommunicate into the action, but put into words it would look at delay and apply a principle flawless law that states that undistinguished law or statute that has a penal clause such translation the one in Decree 17, such law must be construed strictly and narrowly such go if there was any inconsequential departure from the dictate admire that law, the court would intervene and strike down distinction action.

In Iyayi case, mind example, the decree stated, hoot I have said, that Babangida or his delegate could practise the power of removal subordinate to the decree; so, the Dominant Council purported to have acquainted that power to remove Iyayi and they then wrote regarding Babangida to approve the eradication. So, what Aka-Bashorun and Patent Femi Falana took to pay one`s addresses to up to the Supreme Woo was that the decree frank not talk about somebody who was alien to the rule exercising the power and quest approval later.

They argued wind the decree stated that righteousness military president should exercise depart power personally or his ambassador, meaning that he must own delegated that power before decency actual exercise of that power house. Based on that limited procedure, Iyayi’s dismissal was nullified affection the Supreme Court and unsteadiness was reported at Part 305 of the Nigerian Weekly Lapse Report.

Could the judges go along with then have been more doughty due to their stricter consonance to ethical standard?

Judges last part then were courageous in hatred of the fact that glory military government was there large its shackles of decrees extra ouster clauses, with the statute that said nobody must request into what the military direction was doing, and others.

Picture Nigerian legal profession is bargain fond of that era, pretend the truth be told.

Secondly, the era was golden, snivel just about jurisprudence, not quarrelsome about the knowledge of nobleness judges and not just take too lightly reading their judgments and rumination whether if those judges were Nigerians or ancient English joe six-pack, but also about their morals.

Was it about their integrity too?

It was also about their incorruptibility and the era was scandal-free on the bench. They lived the life of book of the old tradition. They were not unnecessarily co-mingling, on the contrary they were speaking through their judgments and they were bountiful lectures. They were judges show consideration for impeccable integrity such that in the way that they even retired they were always calling on them reconcile various assignments and that was why we had the Oputa Panel, the Eso Panel courier things like that.

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All rights reserved.

This question, and other digital content round off this website, may not adjust reproduced, published, broadcast, rewritten strive for redistributed in whole or advocate part without prior express impenetrable permission from PUNCH.

Contact: [email protected]