By Rabiu Gama

It was the unarguably finest English judge, Lord Denning, MR, who once said that the duty of the judge is to make the law live and breathe. Hon. Justice Chima Centus Nweze, JSC (of blessed and glorious memory) is no longer with us. Another legal mind is gone. Another heavy loss to the Supreme Court. Another irreplaceable loss to Nigeria’s Justice Sector.

My Lord was deservedly elevated to the Apex Bench in 2014. Cerebral, scholarly, deeply reasoned, judiciously and judicially unassailable pronouncements were what My Lord had been delivering at the Supreme Court for 9 years until last Sunday when he departed this world to the great beyond at the age of 64.

To students of my generation, Hon. Justice Chima Centus Nweze, JSC, became a familiar name precisely on the 14th of January, 2020, when he disagreed with his Brother Lords in the case of Uzodima & Anor v. Ihedioha & Ors (2020) LPELR-50260(SC) by delivering a sound dissenting judgement which resonated with both legal and non-legal communities.

In his dissenting judgement, My Lord prophetically warned that “the reasoning in the {lead} judgement will, sooner or later, haunt our electoral jurisprudence”. My Lord was also in the limelight lately when he delivered the lead judgement in the Sen. Ahmad Lawal case; a judgement which received some considerable criticism largely, if not completely so, from the non-legal community.

Below are some of the laudable and applaudable pronouncements made by the late Law Lord during the nine years he spent at the Supreme Court, the last court of land from which appeals lie only to the heaven. His Lordship was characteristically eloquent, vivid and deep:

On the origin and where to find the rule of locus standi, this was how His Lordship put it:
“The Latin expression locus standi, used interchangeably for ‘a place to stand’ or ‘standing to sue’, is a rule of ancient vintage and it arose during an era when private law dominated the legal scene and public law had not yet been born. Like most of English law of the time, the rules as to standing could not be found in any statute for they were made by Judges of the Realm”. Per Nweze, JSC, in the case of Center for Oil Pollution Watch v. NNPC (2019) 5 NWLR (Pt. 1666) 518

On the meaning of fair hearing and whether party who failed to use opportunity of being heard can complain about denial of fair hearing
In the case of Bio v The State. (2020) 7 NWLR (Pt. 1723) 218, which was an appeal that the Supreme Court dismissed unanimously, His Lordship observed that:

‘“Fair hearing”’, in essence, means giving equal opportunity to the parties to be heard in the litigation before the court. Where parties are given opportunity to be heard, any of them that abuse such opportunity, for example, by not presenting his case or by absenting himself, cannot complain of denial of fair hearing.”

On fundamental nature of notice of appeal and effect of defect therein on jurisdiction of court
“The importance of an originating process, such as a notice of appeal cannot be over emphasized. It is the pillar upon which the entire appeal rests. Where it is fundamentally defective, it goes to the root of the entire proceedings. It affects the jurisdiction of the appellate court. A defective notice of appeal is dead or non-existent in the eyes of the law. Per Nweze, JSC, in the case of Ikuepenikan v State [2015] 9 NWLR (pt1465)

On the effect of non-compliance with statutory procedure for commencement of action
“Where a procedure for carrying out a matter is clearly spelt out in a law, a party has no choice but to comply fully with the procedure. Failure on the part of a plaintiff shows that he has not fulfilled the condition precedents for commencement of such action”. Per, Nweze, JSC, dissenting, in the case of Riok Nigeria Limited v Incorp Trustees N G F (2022) 16 NWLR (Pt. 1857) 725

On duty on court to avoid any question that may impinge on substantive issues in appeal when determining interlocutory application, My Lord caution thus:
“In delivering a ruling in an interlocutory application, attempts should be made not to broach any question that may impinge on the ultimate outcome of the substantive issues in the main appeal”. Per Nweze, JSC, in the case of Bulet Inter Nig Ltd v Olaniyi [2016] 10 NWLR (pt 1521)

Finally, on probative value of unsigned document, My Lord waxed lyrical:
“Documents which do not bear the signatures of their makers should attract little or no weight. An unsigned document is lacking in value and is worthless. An instrument that is unsigned is inadmissible”. Per Nweze, JSC, in the case of APGA v Al- Makura [2016] 5 NWLR (pt 1505)

As the tributes and the eulogies are coming in, we should not forget that with the passing away of His Lordship, the members of the Apex Bench have now been reduced from 13 to 12. With election petitions heading towards the Supreme Court, there cannot be a more terrible time to have a depleted Supreme Court. The right authorities shall act promptly.

My Lord, Hon. Justice Chima Centus Nweze, JSC, has earned an iconic front row seat in the annals of our jurisprudence. He has left a golden and indelible mark on our jurisprudence. His Lordship was indeed “an intellectual powerhouse, deeply cerebral and scholarly in judicial pronouncements”. A champion of human rights is gone, but not before he made the law live and breathe – as Lord Denning, MR, told us that is the duty of the judge. A life productively lived. Rest on, Your Lordship.

Rabiu Gama is a level 400 Law student. He writes from the Faculty of Law, Bayero University, Kano (BUK). He can be reached on 09061912994 or via [email protected]