By Mike Ozekhome, SAN

The Hon Justice Adolphus Godwin Karibi-Whyte recently passed on to the great beyond at 88. Kabiri-Whyte would be remembered, not just as an uncommon Jurist of great lucidity and untrammelled knowledge of the law, but also, as one of the few that became Professors of Law and worked their way from the Judicial rung up to the Supreme Court of Nigeria. Justice Niki Tobi fell into this exceptional category.

The legal icon, prolific writer and author of many law books and about 55 academic papers, hailed from Abomema, Rivers State. His many achievements literally litter the Nigerian and international political and legal landscapes, having been a Judge of the International Criminal Court at the Hague, and Chairman of the Nigerian Constitutional Conference of 1994-1995.

By 1973, Karibi-Whyte was Solicitor-General of Rivers state. His illustrious judicial career later took him to the then Federal Revenue Court (now Federal High Court, 1976-1980); Court of Appeal (1980-1984); and the Supreme Court of Nigeria (1984-2002). Karibi-Whyte is reputed to have become the second, only after former Chief Justice of Nigeria, Dr, Tashim Olawale Elias, to have moved directly from the academia to the Judiciary.

On the socio-economic and political fronts, late Karibi-Whyte chaired many Judicial and Administrative Commissions and Tribunals of Inquiry. His achievements did not escape the attention of successive Nigerian governments, as he was honoured, first with the Commander of the Order of the Niger (CON, 1998) and the Commander of the Federal Republic (CFR, 2008). The intellectual prodigy is usually discussed at parity with, and within the hallowed Pantheon of unforgettable judicial sages, such as Justices Idowu Conrad Taylor; Chukwudifu Oputa; Olayinka Ayoola; Kayode Eso; Andrews Otutu-Obaseki; Anthony Aniagolu; Udo Udoma; Chukwuweinke Idigbe; Ayo Fatayi-Williams; Mohammed Bello; Samson Uwaifo; Lawal Uwais; Ekundayo Ogundare; Nnamaeka-Agu; Niki Tobi; and many more (not necessarily in any particular order of superiority or preference).

Born January 29,1932, with university education in London, England and university of Lagos, Nigeria, Karibi-Whyte is reputed to have delivered very powerful seminar dissenting judgements, which greatly rattled majority decisions, and formed the cornerstone of future judicial reviews and a shift by the apex court from earlier positions. We remember such legendary opinions in GOVERNMENT OF GONGOLA STATE V TUKUR (1989) 4 NWLR (PT. 117) 517; GRACE JACK V UNIVERSITY OF AGRICULTURE, MARKURDI (2004) 5 NWLR (PT.865) 208, SAVANAH BANK OF NIGERIA LTD, PAN ATLANTIC SHIPPING & TRANSPORT LTD (1987) 1 S.C. 198; and, PATKUM INDUSTRIES LTD V NIGER SAGES MANUFACTURING CO.LTD. (1988) JELR 47914 (SC).

NOW THIS

Let us take short bites from some of Karibi-Whyte’s seminar pronouncements which he made, with refreshing lucidity and considerable intellectual depth.

FRANCIS ASANYA V. THE STATE (1991) LPELR-574 (SC):“It is well settled that a confession if properly established is always admissible.”

ODUBEKO V. FOWLER & ANOR (1993) LPELR-2235 (SC):”The findings of fact of the trial Judge is not to be lightly interfered with, unless where it is shown to be perverse, or does not follow from the evidence before the Court” (P.38, Paras. A-B).

STATE v. OGBUBUNJO (2001) LPELR-3223 (SC):

“The law is that an appellate court will not quash a conviction or reverse a judgment where it is clear that expunging the admitted inadmissible evidence will not alter the decision of the court appealed against- See Queen v. Haske (1961) 2 SCNLR 90” (P. 39, paras. E-F).

FAMESE & ORS v. KAYODE & ORS (2017) LPELR-43233(CA):

“As Karibi-Whyte, JSC stated in S.G. Bank v. Saraki (2000) 81 LRCN 3015 at 30-35D “I do not think this Court can tolerate a situation where an error which can be corrected without prejudice or injustice to either party, should be allowed to remain uncorrected because the adverse party would wish it so.” Per DANJUMA, J.C.A. (P. 8, Paras. C-E)

UNITED BANK FOR AFRICA LIMITED V. STAHLBAU GMBH & CO. KG. (1989) LPELR-3400 (SC):

“A judicial discretion must be exercised on fixed principles and according to rules of reason and justice.”

FRN v. YAHAYA (2014) LPELR-23284 (CA):

“…Karibi-Whyte JSC in AJAO V ALAO [1986] NWLR (Pt 45) 802 had this to say an evaluation of facts and assessment of evidence by trial court. “It is well settled in our law that matters relating to evaluation of facts, assessment of evidence and consideration of veracity in the testimony of witnesses are essentially and intrinsically questions of fact to be determined primarily by the Court of trial – see KISIEDU & ORS V DOMPREH & ORS (1935) 2 WACA 253 FATOYINBO V WILLIAMS (1956) I FSC 37.” Per AWOTOYE, J.C.A. (Pp. 12-13, paras. F-A).

EGUAMWENSE V. AMAGHIZEMWEN (1993) LPELR-1049 (SC):

“A declaratory judgment will be granted where the justice of the case demands it more than any other remedy.” (P. 16, para. B).

AMBODE v. AGBAJE & ORS (2015) LPELR-25667 (CA):

“The apex Court in Saraki v. Kotoye (supra) held: “Grounds of Appeal are not formulated in nubibus. They must be in firma terra, namely arise from the judgment. However, meritorious the ground of appeal, based either on points of critical constitutional importance or general public interest, it must be connected with a controversy between parties. This is the pre-condition for the vesting of the judicial powers of the constitution in the Courts.” Per HUSSAINI, J.C.A. (Pp. 19-20, Paras. F-B).

EGE SHIPPING & TRADING IND. INCO. & ORS. V. TIGRIS INTL. CORP. (1999) LPELR-1041(SC):

“So long as the statement of claim discloses some cause of action or raises some issues fit for determination the mere fact that the case is weak and not likely to succeed is not sufficient ground for striking it out.” (P. 37, paras. B-C).

CHAKA v. MESSRS AEROBELL (NIG.) LTD (2012) LPELR-8392(CA):

“…the lawful use and occupation of the land and premises implies on agreement to pay damages for such use and occupation of the land and premises. It is a quasi-tenancy which the law recognizes. It is not based on accepted landlord and tenant relationship. Per Karibi-Whyte, JCS at 420 paragraphs D – F.” PER SAULAWA, J.C.A. (P.27, Paras. D-F).

AG, FEDERATION V. AG, ABIA STATE & ORS.(-R) (2001) LPELR-631(SC):

“It is now fairly settled law that it is the cause of action as endorsed on the writ of summons that determines the proper parties before the court. – See Okoye v. NCFC (1991) 6 NWLR (Pt.199) 501; Afolayan v. Ogunrinde (1990) 1 NWLR (Pt.127) 369.” (DISSENTING) (P. 95, paras. B-C)

MAGAJI v. MATARI (2000) LPELR-1813 (SC):

“It is both fundamental and elementary principle in the adjudicatory process that where the jurisdiction of the Court or the Judge is in issue in respect of a matter, that issue must first be considered and disposed of. See Kalio v. Daniel-Kalio (1975) 2 SC. 15. This is because any determination in the absence of jurisdiction is a nullity“. (P.14, Paras.E-F).

COMMISSIONER FOR WORKS, BENUE STATE & ANOR V. DEVCON DEVELOPMENT CONSULTANTS LTD & ANOR (1988) LPELR-884 (SC):

“It is a well settled principle of law that where there is a legal right to do a thing, the motive with which it was done is generally immaterial to its validity – See Mayor and Corporation of Bradford v. Pickles (1894) 3 Ch.53.” (P. 26, paras. C-D)

JIMOH V OYINLOYE (2006) 15 NWLR (PT. 1002) PG. 402 PARAS A-B:

“Also in the case of Awoniyi v. Reg. Trustee Amore (2000) 6 SCNJ 141 at 156;(2000) 10 NWLR (Pt. 676) 522 at 540 the Supreme Court per Karibi- Whyte, JSC stated as follows: “The purpose of joinder of parties in an action is to enable the court to effectually and completely adjudicate upon and settle all questions involved in the cause or matter – See Oladeinde & Anor. v. Oduwole (962) WNLR 41.” Per Muntakar-Coomasie JCA.

ALAO V. ACB LTD. (2000) LPELR-408 (SC):

“The exercise of the jurisdiction of the Supreme Court is statutory and its powers are circumscribed by the provisions of the Constitution and rules of practice made thereunder See Again Adigun v. A. G. of Oyo State (1987) 2 NWLR (Pt.56) 197“. (P.24, para.F).

AND THIS

Karibi-Whyte, a Ph.D. holder, who traversed the Nigerian judicial universe like the colossus that he was, retired from the Supreme Court in 2002, having attained the mandatory constitutional retirement age of 70. The reasons behind his powerful dissenting opinions were deep, profound, luminous, resonating and courageous.

Surely, Karibi-Whyte perfectly fits into Mark Anthony’s description of Julius Caesar: “His life was gentle; and the elements so mixed in him, that Nature might stand up and say to all the world, THIS WAS A MAN!” (Julius Caesar, by William Shakespeare, Act 5, scene 5, page 5).

Papa, as you have transformed from mortality to immortality, may the good Lord forgive you your earthly sins and grant you eternal celestial bliss in His warm bosom. Adieu, uncommon Jurist. Farewell, brave judicial Activist. Rest in peace, intellectual giant.

THOUGHT FOR THE WEEK

“We all die. The goal is not to live forever; the goal is to create something that will.”

Chuk Palahniuk
“It is not the length of life, but the depth of life”

Ralph Waldo Emerson.
LAST LINE

Fellow compatriots, countrymen and women, we shall defeat Covid-19, by God’s grace. Don’t despair at all. But keep safe. Continue reading the Nigerian Project by Chief A. A. Mike Ozekhome, SAN, OFR, Ph.D, FCIArb, LL.D.