Justice Odemwengie Uwaifo delivered a memorable valedictory speech when he retired from his distinguished career as a Justice of the Supreme Court on January 24, 2004. In his speech, he reflected on the profound journey that led him to the pinnacle of the legal profession and shared insightful perspectives on the legal system in Nigeria.
Uwaifo’s speech began with a sense of humility and reflection. He expressed the difficulty he faced in choosing how to start and what to say on this special occasion. He then referred to a notable U.S. Justice who had retired and faced a similar conundrum. This led him to discuss the dichotomy of whether a retiring Justice should use the platform for criticisms or reaffirming the institution’s values.
The retired Justice chose to tread a middle path, eschewing direct alignment with either extreme. He chose to be largely ordinary but not without sharing some of his thoughts on matters that had troubled him. He invited his audience to hear him out with an open mind and promised that it would be the last time they would listen to him from the Supreme Court’s dais.
Justice Uwaifo then took a moment to express his gratitude to the Almighty for the privilege he had enjoyed. He recognized that sitting in the Supreme Court and having the opportunity to bid farewell after three decades of service was a rare and providential privilege. He extended his blessings to his colleagues, hoping that they too would have a similar ceremony in their future, devoid of any hindrances like deaths or illnesses.
He then embarked on a fascinating narrative about his early perceptions of the legal profession. Growing up in Benin City, he had an intriguing view of lawyers. He saw a small number of them, typically of mature age, dressed in dark suits, and he was apprehensive about passing by their chambers. In his imagination, lawyers were magicians who used incantations and specialized in tutoring clients and witnesses to lie. He even believed that alcohol and tobacco were tools of their trade. Uwaifo had an unfavorable impression of lawyers, fearing their aura of perversion.
On the contrary, he perceived members of the Bench, especially Judges, as those who could demystify this aura. He held a sense of admiration for them, but even magistrates intimidated him. Judges, in particular, were like spiritualists with the power of life and death. His ambition was never to join the legal profession, but circumstances led him in that direction.
He narrated the turning point in his life when he saw Hon. Justice Ephraim Akpata and Hon. Justice I. O. Aluyi, both dressed impeccably and conducting themselves in a manner that shattered his preconceived notions about lawyers. That moment of realization prompted him to pursue a legal career, even though it required him to study law in the UK with limited financial support.
Uwaifo received his LLB degree from the University of London and completed his Bar Finals in a remarkably short period. He was appointed as a High Court Judge in the Mid-western State, and his career subsequently took him to various Judicial Divisions, both urban and rural. He was later appointed to the Court of Appeal and, finally, to the Supreme Court. He expressed deep gratitude for the individuals and authorities who had made his appointments possible.
Justice Uwaifo then shifted the focus of his speech to the critical role of the judiciary in maintaining law and order, protecting individual rights, and promoting democratic culture. He recognized that there was a tendency for some, even those in positions of authority, to misunderstand this role and view judges as potential adversaries. He highlighted the significance of a judiciary that enthroned justice and emphasized that democracy depended on the fair and just dispensation of justice.
He quoted Reinhold Niebuhr to emphasize that while man’s capacity for justice makes democracy possible, his inclination to injustice makes democracy necessary. He stressed that individual rights, when systematically violated, could erode faith in the polity. Therefore, a superior court, especially the Supreme Court, owed it to itself, the society, and the parties involved to administer the law in a manner that upheld the Judiciary’s reputation as the last line of defense and hope for those seeking justice.
Uwaifo did not shy away from addressing the issue of corrupt judges, whom he considered more harmful to society than those who commit violent crimes. He underlined the importance of a judge acting as “God’s nominated agent” and emphasized the need for transparent and convincing judgments.
The retired Justice also shared a personal experience of being involved in a civil matter related to trespass on his land. Despite his confidence in his case, he observed how even straightforward legal matters could take unexpected turns due to the incompetence or unreliability of judges and lawyers. This experience made him emphasize the need for competence and integrity in both the Bar and the Bench to protect the interests of litigants and maintain the public’s confidence in the justice system.
Justice Uwaifo delved into the specific role of the Supreme Court in Nigeria. He stressed that the Supreme Court was both the final court and the constitutional court of the land. He emphasized the importance of preserving the constitutional relevance and credibility of the Supreme Court, especially in the face of manipulative forces that could undermine its honor and direction. He warned of the changing times and challenges faced by the judiciary in the 21st century.
Uwaifo also expressed concern about the declining standards within the judiciary, from the magistracy to the High Courts, and even the appellate courts. He noted instances of attitude problems, laziness, incompetence, and impertinence among judges. He raised the alarm about the potential infestation of the appellate courts with these issues and commended the National Judicial Council for addressing some reported cases of abuse of office.
The retired Justice explored three schools of thought regarding the appointment of judges. The first school advocated for limiting appointments to the Supreme Court to Justices from the Court of Appeal. The second school proposed that talent should be sourced from various quarters to meet the evolving challenges in justice administration. The third school suggested appointing mostly Senior Advocates of distinction to the High Court Bench, with the expectation that they would eventually ascend the judicial hierarchy, ensuring the maintenance of high standards.
He also referenced the Federal Character policy and its application, arguing that it should be embraced with caution, as it could inadvertently promote mediocrity. Uwaifo emphasized the need for judicial officers to maintain high standards and integrity and explored the methods for achieving this, drawing on the experiences of other countries.
He discussed the historical development of the legal profession, citing examples from Britain and highlighting the role of Queen’s Counsel in the recruitment of judges. Uwaifo suggested that the same standards should apply in Nigeria, emphasizing the importance of appointing competent judges, even if it means deviating from the traditional seniority-based approach.
Conclusion: supreme court
Justice Uwaifo thanked his colleagues and all those who had supported him throughout his career, including secretaries, court staff, and court administrators. He expressed his gratitude for the camaraderie among Supreme Court Justices and reflected on the peace of mind he had earned in retirement. He commended the Chief Justice for fostering a sense of brotherhood in the Supreme Court and acknowledged the importance of freedom of thought among judges.
Justice Odemwengie Uwaifo’s valedictory speech was not only a reflection on his personal journey in the legal profession but also a profound commentary on the state of the judiciary in Nigeria and the principles that should guide the appointment and conduct of judges. His words continue to serve as a source of inspiration and guidance for others, supreme court.
