NBA President’s Address at Valedictory Session of Hon. Justice Mojeed Adekunle Owoade

ADDRESS OF PRESIDENT OF THE NIGERIAN BAR ASSOCIATION – MR
YAKUBU CHONOKO MAIKYAU, SAN, OON – DELIVERED AT THE
VALEDICTORY COURT SESSION HELD IN HONOUR OF HONOURABLE
JUSTICE MOJEED ADEKUNLE OWOADE, JUSTICE OF THE COURT OF APPEAL
ON 19 OCTOBER 2022 AT THE COURT OF APPEAL, IBADAN DIVISION

PROTOCOL

1. I thank My Lord, the Honourable, the President of the Court of Appeal, Justice Monica B.
Dongban-Mensem, CFR; the Presiding Justice of Ibadan Division of the Court of Appeal,
the Honourable Justice M. A. A. Adumein, JCA; and My Lords the Justices of the Court
of Appeal, for the opportunity to address this special court session being held in honour of
the eminent jurist and distinguished scholar – the Honourable Justice (Professor) Mojeed
Adekunle Owoade, Justice of the Court of Appeal (JCA), inarguably one of the best
judicial minds ever produced by this nation, who served on the Bench of this honourable
Court since the 8

th of June 2006.

2. His Lordship, the Honourable Justice Mojeed A. Owoade was born on the 19th day of
October 1952. Today being 19th of October 2022, is My Lord’s 70th birthday, I heartily
wish Your Lordship a very Happy Birthday with many happy returns! Living to be 70 is a
privilege that only a fraction of the population gets to experience. I therefore join My Lord
in thanking God who spared his life all these years and has brought My Lord to the blissful
end of a successful career.
3. His Lordship has had a long and interesting career in public service, serving the fatherland
in varying capacities, starting with brief stints as State Counsel in Kano and Oyo States
Ministries of Justice, through the days in the academia, and finally culminating in a long
sojourn on the Bench. His Lordship’s contributions to the growth of the law in Nigeria
cannot be ignored. As a law teacher, His Lordship – who was a senior Fulbright scholar,
contributed immensely to the development of the law through several research, articles,
and books. In 1991, His Lordship was invited to contribute to the International
Encyclopedia on Criminal Law – Kluver Belgium, the only Nigerian involved in that
worldwide assignment. Many may not have known or can barely remember that His
Lordship is a Professor of Law who was, prior to being appointed to the Bench, a Senior
Lecturer and Head of Department of Public Law, Obafemi Awolowo University; Head of
Department of Private and Business Law, University of Ibadan; Head of Department of
Public and International Law, University of Abuja and the founding Dean of Law,
University of Abuja. His Lordship undoubtedly made a mark, that cannot be captured in

one document; not even the 18-page long Curriculum Vitae did justice to His Lordship’s
achievements and contributions.
4. As a Justice of the Court of Appeal, His Lordship’s decisions were usually in-depth;
concise; ratiocinative; and lucid, a testament to His Lordship’s background in research.
His Lordship approached adjudicatory functions philosophically, with dedication,
dexterity; fearlessly and eloquently espousing the law with profundity – His Lordship’s
pronouncements will continue to resonate in the annals of our judicial system.
5. The judgements of the learned jurist, Justice Owoade, were always reflective of His
Lordship’s unflinching commitment to the attainment of justice above technicalities. His
Lordship, simply put, is justice centric. In the case of Thompson Uzoegwu & Ors v. Chief
Christopher Ofili Udo & Ors (2013) LPELR – 21229 (CA), a preliminary objection was
raised in respect of the appellant’s failure to pay the appropriate statutory filing fees for
the Notice of Appeal. The respondent argued that the court lacked the jurisdiction to hear
the appeal on that ground. In resolving the issue and dismissing the preliminary objection,
His Lordship, Owoade, JCA held:
“It is apparent on the face of the Court record that the Appellants filing fee to file
the Notice of Appeal was assessed as N350 and the assessed amount was so paid.
No litigant assesses himself before the payment of Court fees, Court fees are paid
as duly assessed by Court officials. The appellant has paid the assessed fees, the
appellant cannot be punished for the difference if any between a prescribed fee
and an assessed fee. …
And, secondly, that insufficient payment of filing fees if it exists will not invalidate
the proceedings or oust the jurisdiction of the Court especially where, as in the
instant case, the non-payment is not intentional by the litigant but rather traceable
to the fault of the officers of the Court.
In my view, the type of technicality raised in the instant appeal should not be
allowed to defeat nor even to affect the ends of justice. Truly, and as was pointed
out by that great jurist, Oputa J.S.C., in the case of Aliu Bello & 13 Ors. v. A.G.
Oyo State (1986) 5 NWLR (Pt.45) at page 886.
“The picture of law and its technical rules triumphant and justice prostrate may
no doubt, have its admirers. But the spirit of justice does not reside in forms and
formalities nor is the triumph of the administration of justice to be found in
successful picking one’s way between pitfalls of technicality””
6. The question of payment of inadequate filing fees and its impact on the jurisdiction of the
court was a big issue at the time which resulted in conflicting decisions and the striking
out of several appeals, particularly from the Port Harcourt Division of this Honourable
Court, until a full Panel of the Supreme Court finally settled the issue in Nigeria Agip Oil
Company Limited v. Chief Gift Nkweke & Anor (2016) LPELR – 26060 (SC). I was
privileged to have been invited as amicus curiae in that Appeal before the Supreme Court.
7. The former Chief Judge of the United States District of Columbia in her address to the Bar
Association of St. Louis titled Law and the Layman, said:

“There should be two cardinal objectives of Courts in a democracy. One is
obvious: Courts must accomplish justice. The second [which is] often neglected
is: Courts must convince those whom they serve that justice is being
accomplished.” (Underlined for emphasis only)
One cannot read His Lordship’s decisions without finding these cardinal objectives of the
Courts being satisfied therein. The decisions of His lordship, not only dispense justice, but
they also go on to persuade the recipients that efforts have been made in the determination
of the dispute to satisfy the demands of justice.
8. One of the greatest challenges in the administration of justice in Nigeria is the issue of
inordinate delays in the court process. This is a source of the growing wariness of citizens
with our justice system because the fundamental ideals upon which the concept of justice
is founded is that it must be dispensed without delay, hence the saying that justice delayed
is justice denied. Besides, speedy disposal of cases helps create the atmosphere for
economic and social development of the nation and increases public confidence in the
judiciary. On the other hand, justice may be sacrificed on the altar of speed. A decision of
the Court in support of either of these two positions must persuade the recipients that the
cause of justice is being served.
9. The learned Justice M. A. Owode, JCA clearly gained mastery over this issue, and over
the years, navigated through individual cases to strike the right balance between speedy
disposal of cases and the need to ensure that justice is done, in accordance with the peculiar
facts and circumstances of each case.
10. In the case of Udokang v. State (2021) LPELR – 56071 (CA), the parties had failed to file
written addresses within the time allotted by the trial court. On the day the matter came up
for adoption, the court declined application to extend time and adjourn for parties to file
their written addresses and instead adjourned for judgement. In finding that learned trial
judge exercised his discretion judiciously and judicially, His Lordship, Owoade, JCA
reasoned that:
“The learned trial judge had previously granted adequate time to the parties to
file written addresses but the parties failed to utilize the opportunity afforded
them to file their written addresses. It seems to me that the refusal of
adjournment by the learned trial judge indeed for both parties must be seen in
that prism and from that perspective.
In the circumstance, the contention by the learned counsel for the Appellant that
the learned trial judges discretion to refuse adjournment was improperly
exercised and/or that the Appellant was not given fair hearing ought not to be
seriously countenanced.
First, the learned trial judge openly expressed the legal truism that justice
delayed is justice denied and proceeded to rely solely on the evidence on record
without an address from either of the parties to deliver its judgment. The
procedure so adopted is neither in breach of the constitutional provision in

Section 294 (1) of the 1999 Constitution (as amended) nor in breach of the
principles of fair hearing as alleged by the Appellant. …”
11. Conversely, in Olukondo II V Adefila & Anor. (2017) LPELR – 42353, where on the
day the matter was listed for mention, counsel for the appellant was absent and sought
an adjournment on ground of ill-health through a letter with medical report attached.
The court refused the application for adjournment and went ahead to hear the
respondents’ application for interlocutory injunction in the absence of the appellant. His
Lordship, Justice Mojeed A. Owoade, JCA, in allowing the appeal, after reviewing the
facts as borne out by the records held that:
“On these facts, the critical question that arises in relation to fair hearing is
whether a reasonable man viewing the proceedings could come to the conclusion
that the Claimant/Appellant was given a fair hearing on the matter of the
interlocutory application brought by the Respondents. I will answer that question
in the negative.
In the first place, where an application for an adjournment is made to a Court,
the Court should bear in mind the requirement that justice should be done to
both parties and that it is also in the interest of justice that the hearing of a case
should not be unduly delayed. It should grant the adjournment if as in the instant
case, a refusal of the application is most likely to defeat the rights of the parties’
altogether or be an injustice to one or other of them unless there is a good or
sufficient cause for such refusal. If otherwise, an appellate Court will not only
have power but will be under a duty to review the ruling refusing the application.
See: RASAQ A. SALU VS. MADAM TAWURO EGEIBON (1994) 6 SCNJ 223.”
12. I can go on and on to list and reproduce His Lordship’s erudite judgements and
contributions, but time and space fail me. I can only say that His Lordship has most
certainly left indelible footprints in the sands of our jurisprudence and will surely be
missed on the Bench.
13. The India Legal Journal on 26 August 2021 published a piece titled ‘A Day in the Life of
a Judge (An Insider’s View)’, written by Justice Kamaljit Singh Garewal. An excerpt
from the piece reads:
“The judge holds a pen in one hand and a book in the other, and with these, he
dispenses justice. To rich and poor alike, to under privileged condemned by the
system, to women and children, to anyone who appear in his court with a
petition. The entire judicial system is centered around a simple and
straightforward pathway. It’s a lonely life. Judges have no one to discuss their
cases with. After lawyers have said their bit and given a long list of references
and left the court, the judge is finally alone. He would naturally be mentally
exhausted but has no time to waste. When lawyers’ work ends, the work of
judges begins. He has to get down to deciding the matter and writing his
judgment. The solitariness of a judge’s life drives him to solitary hobbies like
reading, gardening or walking. Judges begin to love solitude”.

14. This may not always be an absolute, but it gives an insight into the life of a judge and the
sacrifices that come with the high calling on the Bench, one that My Lord has been making
since 1997 when His Lordship was first appointed as a Judge of the High Court of Oyo
State. Sacrifices that have not been acknowledged nor appreciated by our society.
15. This brings me to the reason I am here today. Being alive, by the grace of God, and
available, I could not have been anywhere else today than here in Ibadan for this special
court session in honour of His Lordship. We have spoken about the quality of the work of
His lordship on the Bench. It is important to note that all the brilliance, intellect and
resourcefulness of His Lordship would not have contributed to the attainment of justice if
His Lordship did not serve with honesty and integrity. But His Lordship is a good man –
a man with an excellent character who fears God, compassionate but firm. I personally
saw all these virtues at play when I had the privilege of working with His Lordship, who
was Chairman of the Independent Appeal Panel of the Legal Practitioners Privileges
Committee (LPPC) for the 2021 SAN conferment exercise. In addition to the qualities
highlighted above, His Lordship was prompt – daily arriving the venue of our sitting at
least one hour earlier than the scheduled time, a habit His Lordship cultivated from the
days in the University.
16. So, for me, and I say this on behalf of the Nigerian Bar Association, this Valedictory Court
Session is to honour a man that personifies honour, excellence, integrity, honesty, and
impeccable character. Therefore, it hurts when the Nigerian Judiciary is described, without
any qualification, as corrupt, or the impression is given that the judges and justices of our
courts, without any exception, can be compromised. These negative narratives have since
pervaded the airwaves and dominated the psyche of Nigerians. But these negative
narratives are not the true representation of the Nigerian judiciary. Unfortunately, we do
not echo this truth with equal or more vehemence as the perpetuators of the negative
narratives do.
17. The fact that there may be some bad eggs amongst us, and this I say for both the Bench
and the Bar, does not justify the characterization of the entire judiciary and the legal
profession as generally corrupt. The Judiciary and indeed the legal profession in Nigeria
consist of distinguished men and women that have worked and are still working honestly,
sincerely and with integrity, to contribute their quota in the development of this nation
which can only be achieved by justice, and which only the courts and members of the Bar
– as ministers in the temple of justice – are privileged and strategically positioned to
provide.
18. The fact that the toe in a body is infected by cancer or has turned gangrenous does not
make the entire body rotten. And if the toe is so infected, the way to save the body is to
amputate the toe. That is what we must do as members of the legal profession; either on
the Bench or Bar and we must speak loudly to the nation about who we truly are, to correct
that negative perception. If we do not do so, it will be an abdication of duty on our part,
and if we completely lose the confidence of the public, resort to self-help and the attendant
chaos will be inevitable. We must break the silence!

19. So, I have come, using My Lord as one of the numerous examples of integrity, honesty,
and excellence, to announce to the world that the Nigerian Judiciary is not corrupt! The
legal profession in Nigeria cannot be compromised! If and where we find any proof of
corruption, either on the Bench or at the Bar, we will not hesitate to call out whoever is
involved and let the Law to take its course in dealing with such person. I also call on our
colleagues to do the same and resist any spurious characterisation of the Judiciary and the
legal profession as corrupt by any person or group of persons.
20. On the issue of the welfare of judicial officers, at the official commissioning of the Body
of Benchers Complex held on the 29 September 2022, His Excellency, Muhammadu
Buhari, President, and Commander-in-Chief of the Armed Forces of the Federal Republic
of Nigeria, referred to the efforts being made by the Body of Benchers on the welfare of
judicial officers in the country. His Excellency, the President then said: “May I restate my
commitment towards this ideal. In similar vein, I have been intimated of the engagement
of Consultants by the Body, through its Judiciary Advisory Committee, to amongst other
things, come up with a peer review of the conditions of service of Judicial Officers in
Nigeria with other countries and jurisdictions, within and outside Africa. I earnestly look
forward to the completion of this peer review and the submission of recommendations, as
this will assist us in review of the welfare packages.” This statement coming from no other
than His Excellency, the President himself is very comforting.
21. I will, in my engagement with the Honourable Attorney General of the Federation, in
addition to the efforts being made by all the relevant stakeholders, call for an expedited
consideration of any or all actions required to come up with befitting welfare package for
all judicial officers in Nigeria. I will also commend to my Learned Brother Silk, the
Honourable Attorney General of the Federation, the 2018 Report of the Committee on
Review of Judicial Remuneration and Conditions of Service, which made extensive
recommendations for improving the welfare of judicial officers. Of course, like I said
previously, the review done in 2018 can only serve as a guide because the figures proposed
therein will not meet the justice of the current economic realities.
22. We salute the courageous men and women that grace the Bench of the Court of Appeal
and other courts in the country, who have continued to keep the wheels of justice running
despite the difficult conditions under which their Lordships have had to work. May I
reiterate the commitment of the Bar to the protection of the dignity and independence of
the judiciary in the discharge of its constitutional duties. At the risk repetition, we will
continue to engage with government and other relevant stakeholders in ensuring that
immediate measures are taken to review the remuneration and conditions of service of
Judges and Justices in service and for their comfort upon retirement. Knowing that the
gratuity and pension of retired judicial officers are dependent on the salaries they received
while in service, we shall make a case for such review to reflect in the pension and
provision of medical allowances for retired judicial officers.
23. This Valedictory Court Session which marks the exit of His Lordship from the Bench, also
signifies a further reduction in the number of the Justices of this Court. Commendably, My

Lord, the President of the Court, Honourable Justice Monica B. Dongban-Mensem, CFR
by a letter dated the 28th day of September 2022, requested the Nigerian Bar Association
to recommend suitably qualified persons for appointment to the Court of Appeal Bench to
fill present and imminent vacancies, which is a total of 16 slots. We thank My Lord the
President for the invitation extended to us to be part of the process.
24. The importance of the judiciary as the third arm of government and the last hope of the
common man cannot be overemphasized. The challenges faced in the system of
administration of justice in Nigeria include the issue of manpower at the Bench. We will
do all we can to support the Bench even as we continue to advocate for and encourage the
appointment of the best of us to judicial offices and an increase in constitutional limits in
the number of judges and justices of the various courts. We pray and hope that the
vacancies be filled with worthy replacements; persons that must have gone through a
thorough and meticulous process of selection and appointment.
25. To everything there is a season, and a time to every purpose under the heaven – a time to
work and a time to retire. His Lordship has spent the last quarter of a decade, serving the
nation as a Judge, today marks the end of that long sojourn on the Bench, and the beginning
of an equally long period of rest. I make bold to say that His Lordship acquitted himself
creditably and deserves the rest that awaits. I pray His Lordship will enjoy retirement in
peace and sound health and live long enough see children’s children to the fourth
generation. Amen.
26. The Nigerian Bar Association congratulates His Lordship on the excellent service record
and glorious exit from the Bench. As we celebrate His Lordship, Justice Owoade for the
sacrifices and contributions to the development of the law, we also celebrate the patience,
support and sacrifices of His Lordship’s immediate family and friends, who stood by His
Lordship all these years. May God bless you all and send you helpers and support
whenever you need them.
27. Finally, and once more, may I thank Your Lordship, the Honourable President of the Court
of Appeal and Your Lordships of the Court of Appeal, for granting me audience to address
this special court session.
28. I thank everyone for listening.

Yakubu Chonoko Maikyau, OON, SAN
President, Nigerian Bar Association