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Prof. Ben Nwabueze, SAN, LL.D: The Exit of a Legal Colossus

Published

9 months ago

November 1, 2023

Eric

BY Prof Mike Ozekhome SAN, CON, OFR, FCIArb, LL.M, Ph.D, LL.D, D.Litt, D.Sc.

The death, on Sunday the 29th day of October, 2023, of Prof. Ben Nwabueze, SAN, brought to an end, arguably, the first generation of Senior Advocates of Nigeria. The first ever set SANs in Nigeria comprised of legal giants, Chief F.R.A. Williams and Dr N.B. Graham-Douglass (both now late),who took the Silk on 4th March, 1975. There was a three year period of interregnum between 1975 and 1st of December, 1978, when this academic and legal Colossus was silked with 12 other legal titans such as Chief Obafemi Awolowo, Chief Remi Fani-Kayode, Mr T.A.Bankole-Oki, Mr E.A.Molajo, Mr Kehinde Sofola, Chief Richard Akinjide, Mr G.O.K. Ajayi, Mr Olisa Chukwura, Dr Nwakanma Okoro, Dr Mudiga Odje, Mr P.O. Balonwu and Dr Augustin Nnamani. Nwabueze was certainly the first from the academia, based strictly on his published works. His first love was the classroom and he bestrode it like the Colossus he was. He was thus justifiably called “the Professor of Professors”. He remained a teacher and mentor of many generations of legal academics both in Nigeria and beyond till his last breath. I am one of his beneficiaries who compared notes with him and drank from his inexhaustible well of knowledge and wisdom.
But, let us go back to the beginning, for the morning tells the day.

IN THE BEGINNING
Prof Ben Nwabueze was born in Nigeria, at a time when the country was under British colonial rule. He grew up in a society where opportunities for education were limited, especially for individuals from less privileged backgrounds. Despite these challenges, young Ben’s unquenchable thirst for knowledge and insatiable curiosity served as the driving forces that would propel him towards academic greatness.
By his own account (“Ben Nwabueze: His Life, Works and Times: An Autobiography”, published by Gold Press Ibadan, in 2013), Prof Nwabueze was born in Atani, in the present Ogbaru Local Government of Anambra State, on the 22nd day of December, 1932. With such humble beginnings, there was little indication of the shining star that he was to become in the legal profession.

EDUCATION
Prof Ben Nwabueze started his primary education at CMS Central School in his village of Atani, in Ogbaru LGA of Anambra State, between 1938 and 1945. Thereafter, he proceeded to CMS Central School, Onitsha, between 1947 and 1950. From 1956 to 1961, he attended the London School of Economics and Political Science, after which (between 1961 and 1962), he attended the School of Oriental and African Studies, London. It is important to point out that Prof. Nwabueze acquired most of his University qualifications on scholarships which were awarded to him by sheer dint of his academic excellence.

WORKING LIFE
Between 1962 and 1965, Prof. Nwabueze lectured at the Holborn College of Law, London. Upon his return to Nigeria, he took up appointment as a Senior Lecturer at the University of Nigeria, Nsukka (between 1967-1970), after which he once again left Nigeria – this time, to Zambia, first, as the Dean of the Faculty of Law of the University of Zambia, and subsequently, between 1973 and 1975, as the Director of that country’s Law Practice Institute (the equivalent of our Law School).

ACADEMIC RECOGNITION
Prof. Nwabueze’s recognition across the African continent gives the lie to the saying that a prophet has no honor in his homeland. This is because he was a member of the Governing bodies (“the Senate”) of the Universities of Lesotho, Botswana, Swaziland, Haile Selassie (Ethiopia), Dar-es-Salam – not to mention Lagos, in his home country. In addition to this, he was also an Assessor for Academic Appointments in the Universities of Ghana, Jos, Ife (now Obafemi Awolowo), and Lagos. He was appointed to Professorial Chairs in the Universities of Nigeria, Nsukka, Zambia, Anambra State University of Technology, Nnamdi Azikiwe University, and Ahmadu Bello University, Zaria. He later served, meritoriously, as the General Counsel of a first-generation bank, the United for Africa (UBA).

DEDICATION TO LEGAL SCHOLARSHIP
Ben Nwabueze’s dedication to legal scholarship was unwavering. His contributions in the field of law were simply vast and varied. He authored numerous books and articles, each one a testament to his keen intellect and deep understanding of the subject matter he dealt with. His works on constitutional law, administrative law, and human rights law have become foundational texts for generations of law students, legal practitioners and members of the Bench.

One of his most influential works, “The Presidential Constitution of Nigeria,” delved into the complexities of Nigeria’s constitutional structure, drawing attention to issues of federalism, decentralization, and the balance of power. Nwabueze’s insights and recommendations have guided discussions on constitutional reforms in Nigeria for decades, serving as a blueprint for the country’s path towards a more just and equitable society and governance structure.

In addition to his academic writings, Professor Nwabueze was an active participant in legal reform and advocacy. He served on numerous government committees and panels, providing his expert input on various legal and constitutional issues. His contributions to the development of Nigeria’s legal system were not only profound, but also instrumental in shaping the nation’s legal landscape.

CHAMPION OF CONSTITUTIONAL REFORMS
Professor Nwabueze was a tireless champion of constitutional reforms in Nigeria. He recognized that the country’s constitutional framework needed to evolve to better address the changing needs and aspirations of its diverse peoples. His passion for a more inclusive, equitable, egalitarian and just society was evident in his unrelenting pursuit of constitutional reforms.

Nwabueze’s advocacy for constitutional reforms often placed him in the role of a constitutional watchdog. He scrutinized proposed constitutional amendments and reforms, ensuring that the fundamental principles of justice, equity, and democracy were upheld. He believed that a well-crafted Constitution was the cornerstone of a just society, and he worked tirelessly to help Nigeria achieve this ideal state.

His role in the struggle for democracy in Nigeria during the military regimes of the 1980s and 1990s was instrumental to major changes. As an outspoken advocate for democratic governance and the rule of law, Nwabueze played a critical role in shaping the political landscape of the country. His unwavering commitment to democratic principles and his determination to see Nigeria transits to a democratic system were at the forefront of his endeavors.

In 1994, Nwabueze co-founded the Constitutional Rights Project (CRP), a non-governmental organization dedicated to the promotion of civil liberties, human rights, and the rule of law. The CRP became a powerful voice for justice and democracy in Nigeria, and Professor Nwabueze’s leadership was a beacon of hope during some of the country’s darkest times.

LEGACY IN LEGAL EDUCATION
While Professor Nwabueze’s contributions to legal scholarship and constitutional reforms were immense and gargantuan, his impact on legal education was equally profound. He was not only a prolific writer, Philosopher and thinker, but also a dedicated educator who inspired a generation of countless students throughout his career.

His teaching style was characterized by a commitment to intellectual rigor and a demand for excellence. Nwabueze believed in challenging his students to think critically and to develop a deep understanding of the law’s principles and applications. His teaching went beyond the classroom; it was a form of mentorship, instilling in his students a sense of responsibility to use their legal knowledge for the betterment of society.

Many of his former students have gone on to become accomplished lawyers, judges, academics, and leaders in various fields of human endeavor. His influence was not limited to the confines of the classroom, but extended to the very fabric of Nigerian society, where his students have played pivotal roles in shaping the legal, political, and social landscape.

In recognition of his contributions to legal education, Nwabueze was honored with numerous awards and accolades. He served as a professor at various institutions, including the University of Nigeria, and the Nigerian Institute of Advanced Legal Studies. His impact on legal education was far-reaching, making him a pillar of the academic community.

ADVOCATE FOR SOCIAL JUSTICE
Ben Nwabueze’s commitment to social justice extended beyond the legal realm. He was an advocate for equality, human rights, the rule of law and the well-being of all citizens. His involvement in social and political causes reflected his intense dedication to a more just and equitable society.

One of his notable contributions was his works in the area of human rights. Nwabueze was a behind-the-scene voice in the founding of the Civil Liberties Organization (CLO) in Nigeria in 1987, an organization pioneered and co-founded by this writer and others, which is dedicated to the promotion and protection of civil liberties and human rights of Nigerians. Through CLO , he addressed issues of injustice, inequality, and abuse of power, standing up for the marginalized and oppressed.

Throughout his life, he demonstrated a deep concern for the less privileged and a commitment to improving their conditions. His advocacy efforts were not limited to the courtroom, but extended to the streets, where he actively participated in many protests and campaigns for social justice, especially during successive military juntas.

A LIFE OF INTEGRITY
Professor Ben Nwabueze was a man of unblemished integrity and solid character. He held himself to the highest ethical standards and was a role model for those who had the privilege of knowing him or coming across him. His principled approach to life and work was a source of inspiration to many, and his actions consistently demonstrated his commitment to the greater good.

Nwabueze’s integrity extended to his role as a public servant. He was not swayed by political interests or personal gain, but rather, he focused on the welfare and interests of the Nigerian people. His honesty and steadfast dedication to the nation’s well-being earned him respect across political lines and within the international community.

A VISIONARY LEADER
Prof. Nwabueze’s contributions to Nigeria went far beyond the confines of his academic and legal work. He was a visionary leader who sought to shape the nation’s future in a manner that reflected his deep commitment to justice, democracy, and the rule of law.

His vision for Nigeria was one of a united, democratic, and just nation where all citizens had equal opportunities and rights. He recognized the importance of inclusivity and the need for a more equitable distribution of resources and opportunities. His vision, which was rooted in the principles of federalism, constitutionalism, and respect for diversity, remains a source of inspiration for those who seek to build a better Nigeria.

LEGACY AND IMPACT
The Oduah Afo-na-Isagba of Atani’s legacy is immeasurable. His impact on the Nigerian society, the legal community, and the broader field of constitutionalism transcends his lifetime. He will forever be remembered as a beacon of intellectual rigor, a tireless advocate for justice and democracy, and a role model for integrity and ethical conduct.

In the field of law, his contributions will continue to shape the education of future lawyers and Judges and the practice of legal professionals. His writings on constitutional law will remain foundational texts for scholars and practitioners, guiding the evolution of Africa and Nigeria’s constitutional framework for generations to come.

In the realm of constitutional reform, Nwabueze’s vision and advocacy will inspire future generations to work towards a more just, inclusive and equitable society. His passion for a united and democratic Nigeria will continue to influence those who strive for a better nation.

In the broader context of social justice and human rights, his works have left an indelible mark on the struggle for equality, social justice and the protection of civil liberties. His dedication to the welfare of the less privileged will serve as a lasting testament to the power of advocacy in effecting positive change.

PUBLICATIONS
The erudite scholar that he was, Prof. Nwabueze really came into his element in academic research. This saw him producing a prodigious wealth of scholarly works, including over thirty books and treatises with an average of 400 pages, on a diverse range of topics, albeit with a constitutional bent or flavor. He also authored over 200 articles in academic journals, as well as more than 100 keynote lectures in local and international conferences. Prof. Nwabueze’s seminal books on constitutional Law: Constitutionalism, Presidentialism, and Judicialism, earned him the prestigious (and rarely- awarded) distinction, in 1978, of being only the second Nigerian (after Dr. T.O Elias) to be awarded the LL.D doctorate degree laurel, not honoris causa, but based on his solid academic works.

IN THE COURT
However, Prof. Nwabueze no less excelled in courtroom advocacy, as he was often consulted as amicus curiae by all levels of courts in Nigeria and beyond, particularly the apex Court. On each occasion, he was acknowledged and applauded for his profound and unique scholarly insights into the subject matter under discourse. Indeed, he was probably the foremost and pre-eminent living Senior Advocate of Nigeria of letters at his death.

PUBLIC SERVICE
Prof. Nwabueze’s recognition at home was arguably cemented by his appointment by the Babangida administration in the early 1990s, as the Minister of Education and Youth Development. This was in addition to being the Secretary-General (between 1978 and 1984) of the pre-eminent pan-Igbo cultural organization, Ohaneze Ndigbo, an organization he co-founded in 1976, with prominent Igbo sons such as Dr Akani Ibiam, Dr Michael Okpara, Dr K.O. Mbadiwe ( the man of timber and Caliber),Chief Ugochukwu, P.M. Okigbo and Chief Jerome Udoji

The recipient of the prestigious CON National honour and the National Order of Merit (NNOM) was so concerned by the future of the Nigeria Project that, together with the late Chief F.R.A. Williams, SAN, he co-founded the Patriots, a group of eminent elders, who sought to enrich the public space with their advice and opinions when the ship of the Nigerian State sailed perilously and precariously into troubled waters in the wake of the annulment of the June 12, 1993 presidential election.

About a quarter of a century earlier, however, Prof. Nwabueze was reportedly behind the abolition of Nigeria’s historical Federal structure and its replacement by the government of Gen. Aguiyi-Ironsi, with a unitary system. He was said ro have been the silent adviser. This singular act was cited by the leaders of the July 1966 counter-coup as one of their main reasons for sacking Ironsi’s government which counter coup cost him his life. It is said that since then, Nigeria has never really recovered the Federal system of government that it hitherto enjoyed, being now replaced with an unofficial unitary system of government. Whether his alleged participation in the abolition of a federal template for Nigeria is correct or not is left for historians to unearth.

CONCLUSION
In conclusion, I dare say that the passing of Professor Ben Nwabueze is an irreplaceable and irreparable loss to Nigeria, Africa and the world. Arguably no Nigerian – living or dead – matched Prof. Nwabueze’s prodigious output in terms of scholarly legal and academic literature. In this, he was simply awesome. His contributions to legal scholarship, literature, constitutional reforms, education, egalitarianism and social justice were nothing short of extraordinary and phenomenal. His life was a testament to the power of intellect, character, integrity, and unwavering commitment to the betterment of society.
As we remember and celebrate his life and times, let us draw inspiration from his uncommon example. Let us continue the good works he started, striving for justice, human rights, democracy and the rule of law. In honoring his unforgettable memory, we celebrate the values and principles he held dear; and we commit ourselves to the noble pursuit of a better, more just and equitable world. Professor Ben Nwabueze’s legacy will endure as a beacon of hope and an eternal source of inspiration for generations to come. Indeed, an Iroko has fallen. His passage brings to a close an entire chapter of the legal profession. May his great soul rest in peace and in the bosom of the Lord. Amen, Adieu, my hero. Farewell my guardian constitutional lawyer from whom I drew incredible inspiration.

Goodbye, Africa’s foremost constitutional lawyer.

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Beware of ‘Full Blown Dictatorship, Dele Momodu Cautions Tinubu in New Letter

Published

17 hours ago

July 26, 2024

Eric

By Eric Elezuo

Chairman, Ovation Media Group, Chief Dele Momodu, has again written an open letter to President Bola Tinubu, cautioning him against metamorphosis into full blown dictatorship.

As usual, Chief Momodu took the instrumentality of his social media handles to send his message to Tinubu, which is coming barely two after he wrote him the first letter bordering on the need to curtail his spendthrift attitude and embrace empowerment of Nigeria’s teeming youths.

In the letter titled Once Again, An Appeal to President Tinubu, Momodu outlined their days in the struggle for democracy against the military government, wondering why someone, like Tinubu, who had congregated and protested in the past, will turnaround today to say there will be no protest.

Momodu further blamed Tinubu for the present hardship in the country, accusing him of not knowing the difference between running Lagos as governor and running Nigeria as president.

“And let me be frank Sir. You caused it all. You did not realise that a country is much more complicated than a State,” he said, further accusing of having a stranglehold on Lagos for 24 years since he became governor in 1999.

Momodu advised that the proposed protest should be seen as a litmus test for the security agencies, especially as the Department of State Service (DSS), claimed they have unraveled the identities of those wishing to cause mayhem.

“But I’m reasonably assured that any potential threat can be contained and nipped in the bud, since our secret service claims to have discovered the sponsors of mayhem. Such people should be arrested speedily,” Momodu advised.

He finally advised Tinubu to seek friendly advice, and extricate himself from the ‘hawks’ surrounding him as they do not mean well for him.

It would be recalled that the country has been on edge since the masses vowed to embark on a 10-day protest over extreme hardship in the country, beginning from August 1, 2024.

Read Dele Momodu’s letter in full:

ONCE AGAIN, AN APPEAL TO PRESIDENT BOLA TINUBU…

Your Excellency,

For the second time within two weeks, I’m compelled to write you this epistle. As I write this, my mind goes back to my earliest recollection of you as a Senator of the Federal Republic of Nigeria. As a young journalist, you were everyone’s delight. The June 12 Presidential election annulment brought out the best in you as a pro-democracy figure. You spent money and time fighting the military. Our exile years were lived in constant fear and trepidation.
Fast forward Sir. We returned to Nigeria in 1998

You contested the Lagos State Governorship election in 1999, and pronto, you won. Since then, you have been in absolute control of a state described as the California of Africa, and possibly the sixth richest economy in Africa. Lagos is a country on its own…. I’m just trying to let you know that you’ve been a President in Lagos for 24 years before becoming the President of Nigeria.

Unfortunately, things have not been easy for Nigerians (except members of the privilegentsia) since you realized your lifelong ambition. And let me be frank Sir. You caused it all. You did not realise that a country is much more complicated than a State.

I’m sad and embarrassed that a fighter for Democracy is now saying Nigerians will not be allowed to congregate and demonstrate on the streets, something you and I enjoyed during the military regimes, at home and abroad.

I will never support anarchy, after engaging in peace initiatives in Sierra Leone, Liberia and The Gambia. But I’m reasonably assured that any potential threat can be contained and nipped in the bud, since our secret service claims to have discovered the sponsors of mayhem. Such people should be arrested speedily.

Please Sir, go back to your original friends in civil liberties and seek their assistance. Then, use this opportunity to test the strength, security architecture and combat readiness of our security agencies. Ignore the advice of the hawks in your team. They have nothing to lose since they are mostly beneficiaries of what others died for. Resist the temptations of full blown dictatorship…
You’re in my prayers as you bear this cross…

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Rotary International District 9112 Launches Coastal Restoration Initiative, Plants 1000 Coconut Trees in Lagos

Published

1 day ago

July 26, 2024

Eric

In a bid to promote its mission of improving the environment, Rotary International District 9112 on Sunday kicked off an environment-saving intervention tagged: Coastal Restoration Initiative at Westside Beach, Okun, Ajah, Lagos, where 1000 coconut trees were planted along the coastal shores of the Atlantic Ocean.

Speaking at the event, the Governor of Rotary International, District 9112 Rotarian Femi Adenekan, said the “initiative is conceived to save the environment as well as reduce the adverse effect of the climate change.”

According to him, “the environment is one of the main focus areas of Rotary International. We need to consciously come to the realization that we need to save our environment. We need to save ourselves. So that in the future, those that will come after us will have life.”

“People assume that the world belongs to them. They have forgotten that they are just tenants on the surface of the earth. If you try to change nature, nature will react, which is the reason we are having a lot of environmental damage in the world. Some of wrong human activities, such as throwing plastics and other items into water or where it ought not to be is causing us environmental challenges. If we don’t take care of our environment, the environment will react and take us out of the surface of the earth,” He said.

The chairman of the District 9112 Tree Planting Committee, Rtn. Gboyega Bada recommended the adoption of an “Every Rotarian Plant a Tree Every Year” policy and also indicated plans for Rotary International District 9112 to propose a Private Bill to the Lagos State House of Assembly to enable all Lagos Residents plant a tree every year for the next five years to address the challenges of climate change.

Rtn Bada stated that the vision of Rotary District 9112 on Tree Planting is to achieve a safer and cleaner environment by planting 10,000 seedlings of Coconut, Mango, Breadfruit, Avocado and other ralated crops that have economic, health and environmental benefits.

The event was well attended by Stakeholders in the Private and Public Sectors. Pan African Towers Ltd, Tolaram Group, Azeez Amida Foundation, Telenoetica Ltd, amongst others were well represented. Past District Governor Tunji Funsho led other Rotary Leaders to give their support. The DG’s wife Rtn Tayo Adenekan, the District Governor elect Rtn Lanre Adedoyin, General Manager of Lagos State Coconut Development Authority, Dapo Olakulehim and Lagos State Parks and Gardens Agency, Club Presidents and Rotarians from the 73 Clubs graced the occasion.

Also speaking at the event, one of the Guest Speakers, the world acclaimed horticulturist, Mr. Andrew Vale of Tolaram Group and The Lagos Free Zone, highlighted the importance of trees, saying; “planting trees improves air quality, reduces air pollution, and illnesses from air pollution. More so, plants produce oxygen and provide shelter, medicine, and many more.”

In his own special remarks, Chairman, LUFASI Park and DG Coconut Naija, Dr. Desmond Majekodunmi, said; “the basic fact about the environment is that whatever you sow, you shall reap. The environment will always treat you, the way you treat it.”

It is of note that the vision of District 9112 on tree planting for this year is to achieve a safer and cleaner environment through the planting of 10,000 seedlings of coconut, mango, breadfruit, avocado and other related crops that have economic, health and environmental benefits.

The event was witnessed and supported by main stakeholders in the industry, agencies and partners which included, Mr Dapo Olakulehin, General Manager, Lagos State Coconut Development Authority (LASCODA), Mr Andrew Vale of Tolaram Group, Channel Scott from Pan African Towers, Azeez Amida Foundation, Telenoetica, The Legend Lifeskills Foundation, Etam Avitat, Lagos State Parks and Gardens Agency (LASPARK) , presidents and members of various Rotary Clubs in District 9112 amongst others.

Rotary leaders who witnessed the event are PDG Tunji Funsho, PDG Kamoru Omotosho, PDG Omotunde Lawson among others.

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Protest: Oluwo Advises Tinubu to Dialogue with Opposition Leaders, CSOs, Labour Leaders, Students, Others

Published

2 days ago

July 25, 2024

Eric

The Paramount Ruler of Iwoland,His Imperial Majesty, Oba Abdulrosheed Adewale Akanbi, has called on President Bola Ahmed Tinubu to invite stakeholders for dialogue ahead of August 1st, 2024 planned protest.

Oluwo stated consultation is necessary to avert violent confrontation by inviting the stakeholders for national discourse.

He feared protest might be hijacked by hoodlums to steal and destroy public properties built by our collective patrimony. Oluwo said dialogue becomes reasonable when it’s embraced before protest. He called on Nigerians to learn from Endsars protest that got many properties built with public funds destroyed.

Oba Akanbi asked President Tinubu to extend the invitation to major political opposition parties leaders mostly the Peoples Democratic Party (PDP), Labour Party, labour union leaders, students’ unions, civil society organizations (CSO), notable traditional rulers and other stakeholders to discuss the state of the nation and collate more ideas to address the economic hardship.

Oluwo expressed strong conviction in patriotic opposition political parties leaders to honour such national conversation.

Oluwo affirmed the economic hardship and inflation are global, conveying the need to hold national talks with stakeholders to discuss solutions to the country’s challenges.

A statement released by Oluwo through his press secretary, Alli Ibraheem, reads “At this crucial moment of global economic challenge, Nigeria inclusive, I call on President Bola Ahmed Tinubu to convey a national dialogue most especially with the dog handlers comprising the opposition parties leaders, civil society organizations, labour leaders, students, traditional rulers and religious leaders”

“In a democratic setting,a peaceful protest is guaranteed provided some are not waiting somewhere to hijack it. Protest will not be advisable at this critical moment of tense global economic hardship”

“I’ve strong hope in the opposition leaders to honour national dialogue and contribute intellectual ideas to national development. No patriotic opposition leaders will want Nigeria to be destroyed”

“Even if a protest is held, we will resort to a round table discussion after the road show. Rather than allowing hoodlums to hijack and destroy the nation we are trying to construct, why not embrace dialogue? When we sit together and talk to each other, more virile approaches and solutions may be suggested for application. It will also provide an avenue for the government to reveal their plans in checkmating food crisis and manage the economy to our collective advantage ”

“Different bodies should have representative(s) at such gathering. Those willong to protest should appoint leaders. It shouldn’t be like endars protesters without leader. No harm will be done to them. As a traditional ruler and leader, I’m watching to ensure masses interests are protected and always ready to speak truth to power. Sincere protesters can reach out to notable traditional rulers”

“The inflation is killing. It’s a global phenomenon. I visited Saudi Arabia recently. Prices of goods have gone up acrosa the world. Even the rich are finding it difficult. Addressing the challenge should involve everyone to come together and discusss way forward”