A Touching Tribute to Justice C.C. Nweze's Legal Intelligence
Mike Ozekhome pays a moving homage to the late Justice C.C. Nweze while lamenting the recent losses in the Nigerian judiciary. Justice Nweze was a pillar of the legal profession, and his untimely death is a huge loss for the country's legal community.
Prof. Augustine Uchechukwu Nweze, a well-known and accomplished professor of intellectual property, is the brother of Justice C.C. Nweze. Ozekhome explores the legacy of the Nweze family, starting with Justice Nweze's impressive career and highlighting his unwavering commitment to justice, unwavering integrity, and unmatched legal acumen. Despite acknowledging some difficulties and controversies, Ozekhome eventually emphasizes the lasting impact of a man who was unwavering in his pursuit of justice and the rule of law, leaving an imprint that will never be erased on the Nigerian legal system.
The judiciary has experienced a harvest of fatalities. On July 3, 2023, Justice Raphael Chikwe Agbo, a senior judge on the Court of Appeals, passed away. Then, on July 30, 2023, Sunday, Justice Chima Centus Nweze passed away. A. The Hon. Former Bayelsa State Chief Judge Justice Kate Abiri passed away on August 3, 2023. She had only recently retired on January 13, 2023. It would be an understatement to say that I am devastated by this harvest of untimely deaths.
Especially for Justice Abiri, who just awoke at 6:51 a.m. sent me WhatsApp messages on August 3, 2023, which were her customary morning devotional prayers. She had consistently done this. "How lovely is your dwelling place, Lord," was the title of the prayer that she posted, evidently a few hours before the Lord called. Wednesday, July 31, 2023. Does the late, stunning Justice Abiri long for my "Lord's lovely dwelling place" and have premonition of her demise? I have no idea. Do you, or?
Everyone must encounter death because of the human condition of our weak bodies. When we must die, it is determined by God Almighty, who is the source of all life. So death is like the second skin we put on. It shadows us everywhere in the morning, the afternoon, and the evening. Yes, anyplace and everywhere, including at home, the store, the farm, the office, the school, the road, the river, and the air. The one certainty of a man's stay on earth is that we will all pass away. When, where, why, and how are things we don't know. And God is the only one responsible for what occurs after that. This is one of the reasons I never disparage the deceased, under any circumstances. They should be honoured, having had their misdeeds erased, made as white as snow, and given a clean slate.
The late Justice Nweze was a well-known personality in Nigerian law, well recognized for his unwavering dedication to the rule of law, unwavering integrity, and sharp legal intellect. He made a lasting contribution to the jurisprudence of the nation throughout his illustrious career as a Justice of the Supreme Court of Nigeria and served as a towering example of the importance of the rule of law. Even though his passing was extremely difficult, we must accept it as one of life's vicissitudes. This essay aims to laud the characteristics of this outstanding jurist while also illuminating the difficulties he, like his contemporaries, encountered in the quest of justice.
Justice Nweze was raised in Obollo, Udenu Local Government Area of Enugu State, Nigeria, where he was born on September 25, 1958. As a young man, he was passionate about learning and upholding the law. In his quest for excellence, he was incredibly tenacious. He received all of his degrees from the same University of Nigeria, Nsukka, ranging from a bachelor's to a Ph.D. His bar admission date is 1984—39 years ago.
During his 10 years of dedicated private legal practice (1985–1995), he swiftly established a reputation for his brilliance, erudition, and integrity. His commitment to the legal field brought him respect and recognition, which led to his 1995 nomination as a judge in the Enugu State Judiciary. His Lordship also participated in a number of other extra-judicial professional activities. Nweze was a thoughtful writer who penned numerous works on a variety of topics, including human rights, sociology of law, judicial viability of constitutional democracy in Nigeria, and advocacy. He was a voracious reader. Nweze, a thorough researcher, had evidence to back up all of his conclusions. His legal knowledge was simply unfathomable in terms of depth and breadth.
His Lordship was promoted to the Court of Appeal on February 15, 2008, where he continues to stand out as a diligent jurist. When Nweze was appointed a Justice of the Supreme Court of Nigeria on the 29th day of October 2014, he reached the apex of his legal and judicial career. From this prestigious position, he made major contributions to the formulation and interpretation of Nigerian laws, promoting constitutional democracy and ensuring justice for all. The extent, plenitude, amplitude, and terrain of Nigerian legal jurisprudence were all expanded by Nweze. The late Justice Nweze was well regarded for his audacity and unshakable dedication to the rule of law and justice. He was certain that everyone should be treated equally and with justice, regardless of their position in society, family history, level of income, or political influence. He continuously displayed justice and objectivity in his decisions throughout his tenure, garnering the respect of both legal experts and the general people. He is referred to as the "dissenter" at the Supreme Court because of the numerous dissenting opinions he has written that have expanded the boundaries of the law.
Nweze argued in his dissenting opinion that the supreme court has the power to reconsider or review its rulings in one of the most well-known motions for review, Emeka Ihedioha and the PDP. He stated that "sooner or later, hunt our electoral jurisprudence" as a result of the Supreme Court's poor judgement in the case, which caused a number four contender to win the election and become governor. Despite the fact that he was in the minority, history and posterity will continue to remember and fairly judge him for his boldness, passion, and courage in challenging all of his learned brothers, even though this resonating verdict could not overturn their majority decision.
Nweze disagreed with the earlier position taken by the Supreme Court in the well-known case of Adegoke Motors Nig Ltd. v. Adesanya (1989) LPELR-94(SC), which said that the Supreme Court's finality should not automatically translate into its infalibility.
However, not all of the outcomes in every case in which he took part were warmly received by the Nigerian populace. Some believed that the learned Justice in the Ahmad Lawan v. Bashir Machina case sacrificed justice on the altar of formality and technicalities (the ruling of which I have subsequently asked the supreme court for a compassionate, calm review). His lead decision in the 3-2 split decision case has drawn a lot of flak for being extremely unfortunate. Since he voluntarily withdrew to compete in the presidential primary on June 8, 2022, in flagrant violation of Section 82(5) of the Electoral Act of 2022, many Nigerians believe that the then-Senate President, Lawan, never took part in the APC senatorial primary for the Yobe North senatorial district, held on May 28, 2022. It is largely accepted that Tinubu defeated Lawan for the presidential nomination, and that Machina had legitimately and legally won the primary without opposition.
INEC had never backed Lawan on this, in fact. The Court of Appeal and the Federal High Court both upheld Machina's victory. The two lower courts' rulings were confirmed by the supreme court in a decision led by Nweze on the grounds that Machina should not have initiated the lawsuit by Originating Summons without presenting oral evidence to support claims of fraud. However, throughout the whole affidavit that Machina deposed to, there were no claims that even hinted at fraud. More significantly, the Pre-Election Practice Direction specifically stated that the only way to contact the court regarding party primaries was through an Originating Summons. Many people, including myself, found it difficult to comprehend why someone should be punished for abiding by the law. Many people believed the ruling was excessively formal and focused more on form than content and justice.
Justice Nweze, a ranking member of the Supreme Court, frequently encountered numerous complicated legal issues that necessitated careful consideration and interpretation. In several cases, complex constitutional issues were present. Conflicting legal concepts and opposing interests must always be balanced, requiring great legal knowledge and judgment. The Machina case was one of them. Given that Ahmad Lawan never took part in the primary election that was staged by his party and officially monitored by INEC in that appeal, it appears that the unfavourable emotions brought on by this case have elicited some coolness towards Justice Nweze.
Despite the unfavourable responses to the ruling in the Machina case, Justice Nweze's integrity, intellect, and legal knowledge were nonetheless tangibly apparent in the eloquence and profundity of his decision. He viewed the problems in that manner. Simply put, Nweze had a great understanding of the law, which he skillfully employed to resolve a variety of tricky legal problems. His rulings frequently exhibited persuasive arguments, rigorous research, and a thorough understanding of legal precedents, making them valuable models for cases to come. Everyone would miss Nweze's oratory skills and the acceptable approach and manner in which he clarified complex legal ideas, especially the legal profession.
It is to be expected that Justice Nweze made mistakes as do all of us mortals. Can a man ever become infallible, after all? Are you God? No. I humbly contend that his lead decision in the Machina case should be viewed as one of these typical human errors made with the brain rather than the heart. I pray that God would pardon him for this one error. Amen.
As a result, Justice Nweze's integrity remained the foundation of his character. His moral compass served as a powerful guide in both his personal and professional life, winning him the respect and admiration of both his peers and the general public. This tendency is amply demonstrated by his many papers and rulings. Nweze was well regarded for his integrity and was held up as a role model for others in the legal community and beyond.
The enormous litigation backlog is one of the biggest obstacles that Justice Nweze and his colleagues on the Supreme Court bench must overcome. Inordinate delays have long plagued Nigeria's legal system, which has amassed a backlog of cases. The court's capacity to provide prompt justice was constrained by this circumstance. This has made plaintiffs who want their matters to be resolved quickly frustrated. The Nigerian Supreme Court is without a doubt the busiest in the entire world, with unimportant cases travelling via communities and a maze of labyrinthine alleyways to the top court in Abuja. What we want is a decentralization of the American judicial system. The Federal Supreme Court is located in Washington, DC, and is reserved for the more significant national and constitutional matters. Each of the 50 US states has its own court system, starting with the lowest court and moving up to the Supreme Court.
Numerous accusations of corruption and influence peddling have occasionally caused the Nigerian judiciary some difficulty. Although Justice Nweze preserved a spotless reputation for integrity, the administration of justice is seriously endangered by these problems in the wider legal community. Corruption might diminish public opinion and trust in the courts, which would eventually erode trust in the rule of law. The Supreme Court claims that confidence is the foundation of justice. There is no doubt that Justice Nweze was honest. His life was an example of a Spartan. After his death, I went to see his grieving family, which included his wife and children, at their home in Maitama, Abuja, and was surprised to find it unexpectedly sparsely furnished and unremarkable. It lacked any indication of wealth, luxury, solemnity, or panache. It was constructed by some low-wage workers, or at most, middle-level government employees, much like any other typical duplex. Is this space sufficient for a full Justice of the Supreme Court (the federal government's top court)? Does every justice of the Supreme Court experience that? I trembled and questioned! Haba! Why the judiciary is so sidelined, neglected, disregarded, and reviled baffles and pains me still. But everyone rushes there in search of help.
The Federalist Paper No. 78 by Alexander Hamilton asserted that the judiciary is the weakest branch of the government because it lacks both a purse and a sword. Perhaps Hamilton was correct after all. Imagine that the President, Vice President, Senate President, and House of Representatives Speaker come before the Chief Justice of Nigeria on the official list of precedence. He nevertheless leads one of the three branches of government. This is ridiculous and repugnant. The 1999 Constitution, as amended, states that the right order should be President (Executive, Section 5), Senate President (Legislature, Section 4), and Chief Justice of Nigeria (Judiciary, Section 6). In his thesis of the separation of powers, Baron de Montesquieu first introduced us to the three-part division of governmental functions in 1748. Think about hearing that Justice Nweze had reportedly passed away after suffering a brief sickness brought on by a procedure in a Nigerian hospital. In the more industrialized nations of the world, such surgery is typically considered standard. Was it his lack of resources and impeccable character that kept him from travelling abroad for better medical care? I have no idea. Do you, or? The tragic story of Justice Nweze demonstrates how Nigerian society murders its brightest. Very unfortunate indeed.
Justice Nweze, who passed away recently, was a judge of the highest calibre. Both the legal and unofficial communities in Nigeria are still motivated by his legacy. He has set a very high bar and standard for his peers and yet-to-be-born generations with his unwavering integrity and character, unwavering commitment to justice, deep commitment to learning, exceptional legal acumen, penetrating lucidity, and fecundity of mind and thought. Justice Nweze persevered in his quest of justice, equity, egalitarianism, the rule of law, respect for human rights, and nation-building despite the obstacles he had to overcome. He devotedly defended the principles, ideals, and ethos that serve as the cornerstone of a just society. Justice Nweze's integrity and uprightness would serve as an example for the judiciary and those who fight for justice in the country as Nigeria's legal system develops. He will never be forgotten because of this. The Honourable Justice Chima Centus Nwezw has earned a place in the pantheon of eminent Nigerian jurists thanks to his noble deeds and pro-masses rulings, which were motivated by his belief that problems should be addressed from justice to law rather than from law to justice.
Goodbye, Milord. Hello, Sir. Goodbye, intellectual mind that never referred to me by my given name but rather by the favoured moniker "Akpakpa Vighi Vighi Edoland" (Generalissimo). I pray that God Almighty would pardon your sins and grant you eternal rest in His loving arms. And again, and again .
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