Justice Uwais was the longest serving Chief Justice of Nigeria and a gentleman per excellence! We will for long admire the Uwais Court for its integrity, independence and courage. It will for long remain a beacon of what the third arm of Government ought to be
For spending a total of 33 years on the bench (1973-2006), 27 straight years on the Supreme Court bench between 1979 and 2006, and for being the longest serving Chief Justice of Nigeria between 1995 and 2006 (11 years) before retiring without blemish; for his invaluable first-hand experience garnered under five Chief Justices of Nigeria including Hon. Justice Darnley Alexander, Hon. Justice Atanda Fatayi –Williams, Hon Justice George Sodeinde Sowemimo, Hon. Justice Ayo Gabriel Irikefe and Hon. Justice Mohammed Bello which impacted positively on his performance as judiciary administrator; for upholding the integrity and the dignity of the judiciary all through his career on the bench; for his remarkable imprints on the nation’s jurisprudence, through several landmark decisions at the apex court for 27 years aptly documented in a book titled: Uwais Through the Supreme Court Cases (1979-2006), and for his simplicity, humility, humanity, modesty, compassion, independence of mind, unparalleled sense of humour, great respect for the law, incorruptibility, erudition, as attested to by notable lawyers, judges and past Chief Justices of Nigeria who were at separate times under his tutelage, Justice Muhammad Lawal Uwais, GCON, is our ICON for the week.
Born in Zaria on June 12, 1936 to the family of Mallam Abdullahi Uwaisu and Hajiya Hajara Uwaisu, the young Uwais began his primary education at the Native Authority Elementary School, Kaduna and later at Tudun Wada Elementary School where he schooled with the likes of the late Alhaji Rilwan Lukman, a former Minister of Petroleum.
He was in 1950 admitted to Zaria Middle School where he stayed for two years before he proceeded in 1952 to Barewa College, where he was a classmate and housemate of the late General Murtala Muhammed, a former Head of State.
While at Barewa College, Zaria, he used to secure vacation jobs with establishments such as Paterson Zochonis Ltd (PZ), the Veterinary Department of Zaria Native Authority and the United African Company Ltd (UAC). The salaries he earned from those establishments made him to be one of the “big boys” in his class in those days.
Honestly, Justice Uwais is a great Justice. When I was in the Court of Appeal, we worked very closely. If you go through the law reports of Nigeria, I don’t think, any Judge has the number of Judgments he has in this country. His judgments are all over in the law reports
It was during his years at the college that he developed interest in reading Law as he was inspired by the law practice activities of such lawyers as the late Mr Noel Grey , who then lived and practised in Kano, Mr Beckley ,who later became a judge of Lagos State High Court, the late Mr Sawyer ,who then lived and practised in Lokoja as well as Alhaji A. G. F. Razak (SAN) who was the first indigenous lawyer from the Northern Nigeria.
No wonder, when he completed his secondary education in 1957, he applied for the Northern Nigeria Government Scholarship to study Law in U.K. He was invited in 1958 for the interview but the invitation got to him late and he missed the interview. As a result of this, he resigned his appointment as Accounts Clerk with the Nigerian Tobacco Company to join the civil service as Publicity Assistant in the Ministry of Information, Kaduna in 1959. His experience in the said Ministry later assisted him greatly when he served as the Editor of Law Reports of Northern States of Nigeria between 1974 and 1978.
Justice Uwais later attended the Institute of Administration, Ahmadu Bello University from where along with other of his colleagues including late Justice Mustapha Akanbi, a former President of the Court of Appeal, late Hon. Justice Shehu Usman Mohammed, a former Justice of the Supreme Court, late Justice Umaru Maidamma, a former Justice of the Court of Appeal, late Hon. Justice Anthony Aina Ekundayo, a Judge of Kwara State High Court and late Justice Adamu Minjibir, a Judge of Kano State High Court left for England where they were called to the English Bar and thereafter enrolled at Nigerian Bar on 17th January 1964.
He was later that same year posted to the Ministry of Justice of the Northern Nigeria as a Pupil State Counsel from where he rose through the rank to eventually become the Solicitor –General and Permanent Secretary of the North-Central in 1971.
At 36 he was already on the High Court Bench. At 41 he was at the Federal Court of Appeal, as it was then called. By the time he turned 43 he had made it to the Supreme Court and earned the nickname “baby of the court.”
Specifically, His lordship was elevated to the Bench as Acting Judge of the High Courts of North Central ,Benue –Plateau and North Eastern States of Nigeria in 1973 and he became substantive Judge the following year.
He later acted briefly as the Chief Judge of Kaduna State in 1976 and on 1st January 1977 was elevated to the Federal Court of Appeal along with others including Hon. Justice Mustapha Akanbi who eventually retired as the President of that court. Hon. Justice Uwais was at the Court of Appeal till August 1979 when he was elevated to the Supreme Court together with Hon. Justice Augustine Nnamani of blessed memory.
At 36 he was already on the High Court Bench. At 41 he was at the Federal Court of Appeal, as it was then called. By the time he turned 43 he had made it to the Supreme Court and earned the nickname “baby of the court”
Following his elevation to the Supreme Court on August 15, 1979, along with the late Attorney General of the Federation, Hon. Justice Augustine Nnamani under General Olusegun Obasanjo, then military Head of State, his first case was the popular 12 two third case between the late Chief Obafemi Awolowo and Alhaji Shehu Shagari.
Still very fresh at the court, Uwais was invited by the then Chief Justice of Nigeria, Hon. Justice Atanda Fatai-Williams to join the panel that decided the appeal which today is a cause célèbre. This was because Justice George S. Sowemimo who later became a CJN himself declined to be part of the panel. His excuse was that he convicted Awolowo in the 1960’s in the then Western Region.
During his stay in the court, he served under 5 Chief Justices of Nigeria who are: Hon. Justice Darnley Alexander, Hon. Justice Atanda Fatayi –Williams, Hon Justice George Sodeinde Sowemimo, Hon. Justice Ayo Gabriel Irikefe and Hon. Justice Mohammed Bello, all now of blessed memories.
When being sworn in as the 9th Chief Justice of Nigeria in 1995, the then late Head of State, General Sani Abacha had this to say: “Hon. Justice Muhammadu Lawal Uwais, by his appointment as Chief Justice of Nigeria has assumed leadership of the judiciary after 16 years as Justice of the Supreme Court of Nigeria…He is no less a legal giant. His training, experience and intellectual capacity have adequately prepared him for the exalted office of the Chief Justice of Nigeria. His rich professional back-ground explains the high expectation engendered by this appointment, especially at this critical time in our history. We expect he will bring his vast experience, maturity and foresight to bear on the judiciary”.
Hon. Justice Muhammadu Lawal Uwais sat on the Supreme Court Bench for 27 years out of which he presided over the court as the Chief Justice of Nigeria for 11 years. As at today no justice of that court has spent close to three decades on that apex court bench in Nigeria. He was the first Chief Justice of Nigeria to retire at the age of 70.
Uwais holds the honor of being the First Alumnus of the Nigerian Law School to occupy the exalted position of Chief Justice of the Federal Republic of Nigeria, a distinction he achieved by the age of 45.
When his lordship was retiring from the bench ,Chief Obasanjo said: “I must however, admit that your retirement, at a time when Your Lordship’s experience, hard work ,integrity and humility were very much in demand and when the reforms initiated by this Administration ,with particular reference to judiciary, are beginning to take root, is a great loss to me as a person, the administration and indeed, Nigeria as a whole.
As a jurist, he is one that is respected internationally. Few of us who have had the privilege of going to few countries of the world, South Africa, Canada where Nigerian judgments are read, know how well our judicial officers are respected because they are well grounded in law and their disposition to constitutional law in the commonwealth
“I am however happy to say that under your leadership, the judiciary has been able to restore public confidence in the judicial process through the enthronement of rule of law. Let me at this juncture express the nation’s gratitude to you for the meritorious service you rendered to your fatherland in the past 47 years. Nigeria will certainly miss your exemplary leadership and commitment to the rule of law. It is our hope that the legacy you are leaving behind will continue to be the guiding principles of Judiciary so that together we can move Nigeria forward.”
Though modest in listing his successes in office, Uwais disclosed that he introduced the special sitting of the court in September to mark the beginning of the legal year and have new Senior Advocates sworn in.
His exact words: “In my capacity as Chief Justice of Nigeria, I succeeded in bringing about a number of changes in the manner in which the Supreme Court conducts its affairs. In 1998,I was able to convince General Abdulsalam Abubakar , as Head of State ,to appoint more Justices of the Supreme Court. For the first time ever since the 1979 Constitution came into operation, the court got full complement of 16 Justices. This enabled me to change the sitting arrangement of the Justices of the Court in September to mark the begi nning of the legal year and have new Senior Advocates of Nigeria sworn-in. I also introduced 3 terms for the court in the Legal Year, during which arrangements of panels change.”
He was, indeed, responsible for many notable judgments, including his expansion of the political landscape by allowing the registration of new political parties from the Independent National Electoral Commission (INEC) in November 2002.
Justice Uwais has served as Chairman, Nigerian Body of Benchers (1993-1994), and as Chairman, Board of Governors of the National Judicial Institute of Nigeria (1995- 2006). He was Chairman of the Judicial Commission of Inquiry into the Awards of Contracts by the Military Government of North Central State (1976); Chairman of the Jimeta Disturbances Tribunal, Gongola State of Nigeria (1984); and a Commonwealth Member of the Presidential Commission of Inquiry into the deaths of senior army personnel, Sri Lanka (1993).
I lack words to describe the character and disposition of His Lordship the former Chief Justice of Nigeria. He is a mentor to so many of us who were judges in the High Court, Court of Appeal, Customary Court of Appeal and the Supreme Court
Before retiring from the Supreme Court Bench, Justice Uwais worked with not less than 54 Justices of the court.
According to a highly cerebral lawyer and radical human rights activist, late Chief Gani Fawehinmi, SAN: “ Hon. Justice Uwais, C.J.N conducts himself with decorum when he is presiding in the Supreme Court. He exudes the lustre and aura of the mastery of proceeding and has complete control of the court. Though firm, he does not intimidate counsel however young at the Bar. He gives respect to every counsel and patently allows each one to present his or her argument without inhibition, browbeating or intimidation. The National Judicial Council under his leadership has been effective in fighting corruption on the Bench. In conclusion, no other Chief Justice of Nigeria had achieved these feats.”
Similarly, a respected silk and former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba, SAN, said about him: “Justice Uwais was the longest serving Chief Justice of Nigeria and a gentleman per excellence! We will for long admire the Uwais Court for its integrity, independence and courage. It will for long remain a beacon of what the third arm of Government ought to be.”
Also commenting on Uwais, a former Chief Justice of Nigera, Justice Mahmud Mohammed, GCON said: “He made a lot of impact on me. He brought me up in the legal profession. He was a High Court Judge in the old Northern Nigeria and sometimes sits in Maiduguri. I started my practice before him in 1971 with the current Emir of Ilorin, HRH Sulu Gambari. We were together in Maiduguri, so I was appearing before His Lordship. He brought me up in the legal profession. I remember a time, when I and the late Justice B. A Ba‘aba, former Justice of the Court Appeal appeared before him. I was Ba‘aba’s senior but he was the one prosecuting and I kept interrupting and butting in. At a point Justice Uwais said, ‘look Mahmud, who is prosecuting this case, is it you or Ba-aba? I said, no my lord, it is Ba-aba who is prosecuting the case. He then said: ‘Ok, sit down and let him do his case.’
“Honestly, Justice Uwais is a great Justice. When I was in the Court of Appeal, we worked very closely. If you go through the law reports of Nigeria, I don’t think, any Judge has the number of Judgments he has in this country. His judgments are all over in the law reports.”
For another retired Justice of the Supreme Court, Justice Suleiman Galadima, Uwais remains a great mentor. According to him, “I lack words to describe the character and disposition of His Lordship the former Chief Justice of Nigeria. He is a mentor to so many of us who were judges in the High Court, Court of Appeal, Customary Court of Appeal and the Supreme Court.”
The incumbent Chairman of the Body of Benchers, Chief Adegboyega Awomolo, SAN had golden words for Uwais. According to him, “As a jurist, he is one that is respected internationally. Few of us who have had the privilege of going to few countries of the world, South Africa, Canada where Nigerian judgments are read, know how well our judicial officers are respected because they are well grounded in law and their disposition to constitutional law in the commonwealth.
“When you go to Kenya, Uganda, India, Pakistan, Australia, New Zealand and almost all the commonwealth countries we have had the privilege of visiting for conferences including Singapore, they have great regards for our judgement and it is because people like M.L. Uwais laid the foundation for international respectability,” he added.
After retiring from the Supreme Court, Uwais chaired a panel on electoral reform that submitted a report on 11 December 2008 with recommendations that included establishing commissions to deal with Electoral Offences, Constituency Delimitation and Political Parties Registration and Regulation. Some of the power vested in the Independent National Electoral Commission (INEC) and the State Independent Electoral Commissions would be transferred to the new commissions. The committee recommended proportional representation in elections to the Federal and State legislatures and to the local government councils.
The report also recommended that the head of the Independent National Electoral Commission should be appointed by the judiciary rather than the President. This recommendation was rejected by President Umaru Yar’Adua.
He will be 88 on June 12, 2024.
