Jiti ogunye biography examples

Lagos-based lawyer, Dick Jiti Ogunye, in this cross-examine with ADE ADESOMOJU, speaks close by the “golden era” of loftiness Nigerian judiciary, which many corroboration practitioners always recall with nolstagia

Members of the legal profession generally say the golden era last part the Nigeria is gone.

What do they mean by that?

When members of the legal humanity in Nigeria and the lawful profession – the Bar trip the bench – talk articulately and with nostalgia about leadership golden era of the administration, they talk about that period in the Nigerian judiciary dismiss the mid-70s following the extermination of the Chief Justice stop Nigeria, Justice Teslim Olawale Elias, from the Supreme Court from one side to the ot the Murtala Mohammed regime wear 1975.

After that era, hassle the late 70s and proclaim the early 80s, certain jurists were elevated to the Topmost Court and by some hidden but fortunate coincidence, those jurists from their separate backgrounds case in point to be like a fine core of first-class jurists, who had their strength not unique in Law but also encumber humanities, such as Classics current Philosophy.

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

They were the Justices who were there when the 1979 choosing and when the military came back in 1984. Some avail yourself of the judgements they delivered proliferate were what gave interpretation accost the new Presidential Constitution lecture 1979. Mind you, Nigeria was practising parliamentary system of rule. It was Obasanjo that exotic the presidential system, which was an American model.

There weren’t constitutional cases before that generation. So, we had no pattern to rely on as a good as the presidential model was concerned.

It was these Justices that first gave interpretation affront cases such as AG Bendel State and the AG Confederation, AG of Ogun State enthralled AG of Federation, etc.

When the military struck again, these Justices stood their ground train in protecting the civil liberty roost rights of Nigerians even spoils a very difficult military regime.

Can you give some specifics farm animals any of the cases?

One contingency was the case of depiction Military Government of Lagos Claim Vs Chief Odumegqwu Ojukwu.

What was the matter? Ojukwu direct the civil war, went go into battle exile and during the edit, all the property belonging be selected for the people of Eastern extirpation were seized under the mistreatment Abandoned Property Edict and Injure. Ojukwu’s father was very well off. In fact, at a put on the back burner he was the once act 90 per cent of curtail transport business in Nigeria.

Settle down was so comfortable that like that which the Queen of England visited Nigeria it was his Rolls Royce the queen rode advise. So, he had a collection of property in Lagos, inclusive of the one housing the hold headquarters of JAMB in Ikoyi, Lagos.

The Federal Government simulated these properties but there was one that was not dark.

So, when Ojukwu went puncture the property and the City State Government wanted to net the property, Ojukwu went round off court. While the court was presiding over the matter, decency government went there and false their way into the abundance and forcibly evicted Ojukwu. Honesty case went to the Greatest Court and the apex chase said although the country was under a military regime, prevalent was still the rule enjoy law.

The court descended gasp on the government and organized the government to leave integrity property. It said once top-notch matter was submitted to authority court for adjudication, even theorize a restraining order had scream been granted, you were reputed to maintain status quo. Ensure was what that decided.

We also had the case extent Garba and the University loom Maiduguri, which was like unblended locus classicus at that firmly for students. That case blessed hundreds, if not thousands, in this area students because it became dinky refuge and succour for them throughout the military era. That was because students then were not only playing the roles of student unionists, they were also playing, significantly, the function of anti-military activists for which reason the military regime was always breathing down the cervix of university administrators to force out those students and that change somebody's mind saved the day.

There were also cases like the In alliance Civil Service Commission and Laoye, which was about how rank rule of law has far be maintained. It is message when somebody is facing cool criminal allegation, an administrative turn cannot try that criminal offence; the case has to be calm to the regular court disperse trial.

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

What can you remark about the courage and detachment of those Justices?

The judiciary level-headed truly an arm of reach a decision but when the question worry about the civil liberty of nobleness citizen is being raised, greatest extent is not supposed to eclipse itself as an ally virtuous government that exists to guard the interest of government.

In or by comparison it has to see strike as an impartial arbiter in the middle of the government and the governed, between the ruler and nobility ruled. And very importantly, conj at the time that the rulers are military, situation has to make pronouncements become absent-minded can give life to illustriousness muffled aspiration of the be sociable to secure their freedom focus on liberty under the rule walk up to law.

That was what the judicatory was in those trying moments and that was why ensure era was described as yellow.

It was an era just as soldiers were going to beckon the judges to remove them the following day after blue blood the gentry judges made a pronouncement need favourable to government. But they continued to do their superlative and in particular, in innumerable cases, including Tony Nwosu Vs Imo State Environmental Sanitation Shift and many of such cases.

There was this terrible mandate during the Ibrahim Babangida origin which was called Public Teachers Special Provisions Decree No. 17 of 1985. Immediately Babangida came, he knew he was pioneer to have problem with integrity radical intelligentsia within the universities and other institutions and smartness felt that he must rest the backbone of resistance which was coming from the universities and others.

So, he crosshatched and promulgated the decree bargain early; Babangida took over trounce in 1985 and brought glory decree in that year. Representation decree, which was later abrogated when military left, empowered blue blood the gentry military to remove any collective officer who otherwise could sob be removed or retired out-of-doors attaining the retirement age not later than 35 years in service figurative biological retirement age to speed him without recourse to extinguish process if he as justness President or his delegate felt  it was in public occupational to remove such a individually.

And the court was fret to inquire into what established public interest. So, once complete were removed under that tenet, you were gone; you couldn’t go to court. It was that decree they used antagonistic Prof. Olorode, and Prof. Iyayi and Prof. Sagay that complete them to spend 10 maturity in court up to position Supreme Court before they got reprieve.

 The government used description decree on many lecturers. What the Supreme Court was familiarity which other courts followed was to admit that the order truly had an ouster promise that the court should not quite inquire into the action, on the other hand said it would look unbendable it and apply a procedure of law that states renounce any law or statute deviate has a penal clause specified as the one in Imperative 17, such law must amend construed strictly and narrowly specified that if there was party slight departure from the demand of that law, the pursue would intervene and strike descent the action.

In Iyayi sway, for example, the decree assumed, as I have said, dump Babangida or his delegate could exercise the power of elimination under the decree; so, rectitude Governing Council purported to possess exercised that power to race Iyayi and they then wrote to Babangida to approve grandeur removal. So, what Aka-Bashorun bracket Mr Femi Falana took face court up to the Principal Court was that the code did not talk about compact disk who was alien to righteousness decree exercising the power soar seeking approval later.

They argued that the decree stated meander the military president should training that power personally or rule delegate, meaning that he mould have delegated that power previously the actual exercise of avoid power. Based on that well-resourced principle, Iyayi’s dismissal was sufferer at the Supreme Court obtain it was reported at Put an end to 305 of the Nigerian Hebdomadal Law Report.

Could the book of then have been enhanced courageous due to their stricter adherence to ethical standard?

Judges of then were courageous rework spite of the fact ramble the military government was thither with its shackles of decrees with ouster clauses, with probity decree that said nobody oxidize inquire into what the brave government was doing, and austerity.

The Nigerian legal profession interest very fond of that stage, if the truth be spoken.

Secondly, the era was yellowish, not just about jurisprudence, call just about the knowledge some the judges and not evenhanded about reading their judgments roost wondering whether if those book were Nigerians or ancient Country men, but also about their ethics.

Was it about their incorruptibility too?

It was also let somebody see their incorruptibility and the generation was scandal-free on the organization. They lived the life authentication judges of the old convention. They were not unnecessarily co-mingling, but they were speaking look over their judgments and they were giving lectures.

They were book of impeccable integrity such renounce when they even retired they were always calling on them for various assignments and walk was why we had significance Oputa Panel, the Eso Incline and things like that.

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All rights reserved. That material, and other digital load on this website, may slogan be reproduced, published, broadcast, rewritten or redistributed in whole be a symbol of in part without prior enunciate written permission from PUNCH.

Contact: [email protected]