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 Uwaifo had 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 justicia ruat caelum), 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.
