Peter-Odili JSC: An Amazon Bows Out at 70
Having served the nation with great candour and dedication for 44 years, Honourable Justice Mary Ukaego Peter-Odili CFR bowed out as a Justice of the Supreme Court last Thursday, May 12, 2022 on attaining the mandatory retirement age of 70. Onikepo Braithwaite and Jude Igbanoi who attended the colourful and very well-attended valedictory court session at the Supreme Court, spoke with a cross-section of senior Lawyers who attested to the her humility, integrity, intelligence and hard work. In this Special Edition, Chief Solomon Adegboyega Awomolo, SAN, also pays glowing tribute to her
Virtuous Lady of the Law
Chief Solomon Adegboyega Awomolo, SAN
King Jehoshaphat said to the Judges:
“Take heed what you do; for you judge not for man, but for the Lord, our God who is with you in the judgement.
Wherefore now let the fear of the Lord Our God be upon you; take heed and do it, for there is no iniquity with the Lord our God, nor respect of persons, nor taking of bribes” 2 Chronicles Chapter 19: 6-7
Honourable Justice Mary Ukaego Peter-Odili CFR (nee Nzenwa), Justice of the Supreme Court of Nigeria, born on 12th May, 1952, attained the age of 70 years prescribed by the Constitution for retirement by Judicial Officers of the Supreme Court on 12th day of May, 2022.
She has spent 44 out of the 70 years of her life on the Bench of the Judiciary in Nigeria (1978-2022). She is married to Sir Dr Peter Odili, Governor of Rivers State (1999-2007). She had reproduced herself in two of her daughters, who are now Judges of High Courts. She is the Vice Chairman Body of Benchers, and Fellow of the Nigerian Institute of Advanced Legal Studies (FNIALS).
Her Career
Hon. Justice Peter-Odili’s career began in 1978 as a Magistrate Grade III in the former Bendel State of Nigeria, and ended as Justice of the Highest Court in Nigeria. No one is surprised that she chose to be a Legal Practitioner; she came with enviable pedigree. Her late father, His Royal Highness, Eze B.S.C Nzenwa, was a global Solicitor/Advocate, a mediator, a Judge in his Amudi Obizi, Ezinihittle Mbaise Local Government of Imo State.
Discussing the virtuous Lady of the Law, Hon. Justice Peter-Odili is difficult, because she is a woman of many parts and indeed, a legal titan and one of the Nigeria’s illustrious Ladies of the Law. She was the 3rd woman to sit on the Bench of the Supreme Court after Hon. Justice Aloma Mariam Mukhtar GCON (Former Chief Justice of Nigeria) (CJN), and Hon. Justice Olufunmilola Adekeye JSC Rtd, and she left behind four female Jurists in the Court, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, Hon. Justice Amina Adamu Augie, Hon. Justice Uwani Musa Abba- Aji and Hon. Justice Helen Moronkeji Ogunwumiju, JJSC.
Socrates, a great Philosopher said:
“Four things belong to a Judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially”.
Judgements
Let us read her words concerning few areas of law which may reveal the inner mind of the Jurist .
When she was faced with matters touching on tradition and powers of Traditional Rulers, she had no difficulty in giving justice to whom it was due.
Alhaji Ado Bayero & Anor v Alhaji Agundi & Ors
In the case of His Royal Highness Alhaji Ado Bayero (Emir of Kano) & Kano Emirate Council v Alhaji Aminu Agundi & 9 Ors, a fairly complicated case, she demonstrated the virtues of a Judge in determining the case.
The 1st Respondent, Alhaji Babba Dan Agundi, was conferred with the title of Sarkin Dawaki Mai Tuta and made a District head by the Emir of Kano, then Alhaji Dr Ado Bayero. Later, the Governor of Kano State approved the appointment of Agundi as the District head of Gabasawa Kano.
Following a disagreement between the Emir and Sarkin Agundi on a traditional matter, the 1st Respondent was stripped of his title and was removed by the Emir. The 1st Respondent was dissatisfied with the Emir’s decision; he instituted action in Kano State High Court on the grounds that his appointment had statutory flavour, and that the Emir was not competent to remove him. He also alleged that his right to fair hearing, was denied. He was successful in the lower Courts. Emir Ado Bayero and the Kano Emirate Council, appealed to the Supreme Court. It was one of those volatile cases, one that provoked lengthy and elaborate legal argument in the Supreme Court, by leading eminent Counsel at the Bar.
Hon Justice Peter- Odili, who presided and read the lead judgement, held that Traditional titles given at any time to any person in Kano State, was the responsibility of the Emir of Kano. The primary criteria for such appointment are “loyalty and likeness”. The Emir, according to custom and tradition, was guided in the appointment by only one criteria which was, “Soyayya and buyyaya”, that is “favour and obedience”. The removal of any holders of traditional office by the Emir, is a matter within the custom and tradition, and the sole prerogative of the Emir.
His Lordship, stated the mind of the Court in these words:
“Traditional titles given at any time, was the responsibility of the Emir of Kano. The main criteria for such appointment are loyalty and likeness. The power of the approving authority, did not in any way affect the discretionary power of the Emir in making those appointments.
The Emir is guided in the appointments he makes, but only one criterion, which is ‘soyayya and buyyaya’; that is, ‘favour and obedience’. The Emir appoints whomever he wishes.
There is no shackling provision in the Local Government Law of Kano State to the powers of the Emir and the Emirate Council, which has the discretion on the day to day running of the territory including those things necessary to assist in the maintenance of peace and order.
The removal of the title of Sarkin Dawaki Mai Tuta, is in accordance with the customs and traditions of Kano Emirate”.
Steven Platt, the founding Managing member of the Platt Group Incorporated stated that, an excellent Judge is known by his ability to communicate with Counsel.
Hon. Justice Peter-Odili demonstrated her ability to apply the law to the facts. and to understand how a judicial decision will affect the human being appearing before the Court with patience, open-mindedness, courtesy, punctuality, firmness, understanding, humility and common sense.
Every Lawyer who had practised in the Supreme Court, will attest to the fact that, any panel of the Supreme Court where Hon. Justice Odili presided, “the Court Orderly and bearer of the Seal of the Court” knocked at exactly 9am, and the humility of the Presiding is shown as the Presiding Justice greeted all Counsel and litigants with a smile.
Demonstration of Virtues of an Excellent Judge: Adeniran & Anor v Oba Ibrahim & Ors
The virtues of an excellent Judge were demonstrated in the case of Mr AbdulGaniyu Adeniran (for Adeniyi Apata family, Offa) & The Olafa of Offa v HRH Oba AbdulGaniyu Ajibola Ibrahim Olusokun II, Elerin of Erin-Ile (for Himself and the Erin-Ile Community) & Ors. The facts of this case relate to where the Supreme Court had given a final judgement in 1973, affirming the boundaries of Offa and Erin-Ile communities .
The Offa Community continued to re-litigate on the same cause of action, apparently not satisfied. At the hearing of the appeal which came from the Court of Appeal Ilorin, Hon. Justice Peter-Odili who presided, demonstrated the open-mindedness of an excellent Judge. She permitted forensic advocacy and freedom of Counsel to fully address the Court on the issues brought for determination.
In the lead judgement, Hon Justice Odili wrote:
“Again, most crushing of the facts is that, assuming the appeal was competent, it seems to me an abuse of court process, since what is in dispute is the boundary between Offa Community and Erin-Ile Community, a matter well rested by this Court in 1973, which has thrown up the principle of estoppel and the need to proclaim that the time has come for society to be mindful, and not go chasing after issues long adjudicated upon and decided”.
Her Applauded Attributes
One of the most celebrated and applauded attributes of Hon. Justice Peter-Odili, is her ability to exercise forbearance under provocation of the most unjustified circumstances.
In October 2021, on a Friday, some persons who claimed to be officials of the Federal Executive Arm of Government, approached the official Quarters of Hon. Justice Peter-Odili with a “search warrant”. They were resisted because of its unlawfulness and its being an affront to the Judiciary, as an arm of Government.
The incident had precedent in the invasion of the homes of Justices of Supreme Court, the Court of Appeal and Federal High Court Judges in 2016. It was the worst and most provocative attack on Judiciary in Nigeria, and to date nothing useful and good has come out of it. It was the height of impunity, and executive lawlessness.
The unwarranted, unlawful and reckless actions of these persons was given wide publicity by both electronic and print media. The Body of Senior Advocates of Nigeria, the Nigerian Bar Association and several non-governmental organisations condemned the action, and called for prosecution of the miscreants.
The quality of confidence in God, courage and fearlessness manifested in the calmness with which His Lordship handled the matter ,was exemplary.
The following Monday after the incident, Hon. Justice Peter-Odili presided along with other Justices of the Supreme Court, to perform her scheduled duties of hearing cases without any emotion. She did not allow the incident to affect her judicial conduct or decisions, even where the Federal Government was a party in the appeal before her in accordance with her oath of office.
The most important over-all attribute which is a key to intangible positive reputation both in the profession and of community of a Judge, is character.
It was reported that a Judge of the British Crown was asked why Judges of Her Majesty were not accused of corruption, as are Nigerian Judges. He was reported to have ensured that, the most important qualification of Her Majesty’s Judges is “character”.
Hon. Justice Mary Peter-Odili is one of the finest Judges that has adorned the Bench in Nigeria, from a High Court Judge, who at the same was the wife of the Governor of Rivers State. She combined her judicial duties with the wisdom of Abigail in the Scripture, by protecting her family from destruction of the political opponent, without affecting her judicial functions. As a Justice of the Court of Appeal and of the Supreme Court, her character remains her hallmark and identity.
It is common knowledge that, political elites in Nigeria classify and profiled judicial officers into political camps. Sir Dr Peter Odili had since 1999 been and is still a leader in the Peoples Democratic Party (PDP), so every political or electoral cases in the Supreme Court touching the interest of the PDP had always been insinuated, falsely by political gladiators as being influenced by Hon. Justice Peter-Odili; but at the end, she was always justified by her character as one who feared God, and free from all such negative insinuations.
Ikpeazu v Otti
In the case of Ikpeazu v Otti (2016) 8 N.W.L.R. (Pt.1513) 38 per Mary Peter-Odili, J.S.C. at page 412, paras. A-C stated thus:
“In this case at hand, the application was brought by the 4th to 8th Respondent to call additional witnesses, but erroneously, only two names of witnesses were put on the list of witnesses. It is glaringly evident that a gross mistake had been made, especially where the witness statements of the 213 witnesses were in the processes before court. The ensuing effect of refusing the amendment to bring in the names of these witnesses whose statements or depositions were already in, would definitely, in my view, be a miscarriage of justice, and the full application of technical and abstract justice based on arid legalism to the loss of substantial justice. That is not what the law or its practice, is all about”.
Justice Peter Odili is an advocate of discipline, diligence and adherence to the rules of professional ethics. She demonstrated this in the case of Akinlade v INEC (2020) 17 NWLR (Pt.1754) 439 at 457 where His Lordship stated the law thus:
“Paragraph 20(4) of the Rules of Professional Conduct for Legal Practitioners, 2007 forbids a Lawyer from being a witness for his client in a matter that is contentious. The point is so basic and fundamental, that the total disregard or lack of it by a Lawyer cannot be condoned. Any conduct that is a direct affront or infringement of the express Rules of Professional Conduct, can only be regarded as a conduct unbecoming.
“In the instant case, the 2nd Respondent’s motion was contentious. The Appellants, through one Mubarak Imam who described himself as “a Legal Practitioner in the Law Firm of Ahmed Raji & Co., counsel to the Appellants”, filed a counter-affidavit wherein they supposedly joined issues with the 2nd Respondent on his objection to grounds 14 and 18. The counter-affidavit offended paragraph 20(4) Rules of Professional Conduct for Legal Practitioners, 2007, that forbids a Lawyer from being a witness for his client in a matter that is contentious. The Appellants’ counter-affidavit being so brazenly offensive, was accordingly discountenanced” (P. 457, paras. E-F).
Conclusion
The end of a thing the Scripture says, is better than its beginning. The glorious career of the Honourable Justice Mary Ukaego Peter-Odili, should be celebrated. She is a great symbol of women of virtue, a pride to women all over the world, and Jurist who all young Lawyers should hold as role model.
Chief Solomon Adegboyega Awomolo, SAN, former Attorney-General of Osun State
THISDAY LAWYER took Short Takes from Senior Lawyers
Former NBA President, Chief Bayo Ojo, SAN
She Helped to Deepen the Frontiers of Our Justice System
Hon. Justice Mary Peter-Odili, JSC Rtd, CFR, in her 44 years career as a judicial officer, has helped to deepen the frontiers of our justice system. She is a proud emblem of our cherished noble profession, who has acquitted herself creditably well in discharging the onerous responsibility of the exalted office of a Justice of the Supreme Court with admirable dignity, courage and a high sense of national duty. Our judicial landscape is replete with her landmark judgements, which will live for all time. I wish her well, in her well-deserved retirement.
Former NBA President, Augustine Alegeh SAN
She Remained True to her Judicial Oath
She has served meritoriously for 44 years, through all the rungs of judicial hierarchy. She ably combined her role as a judicial officer, with her position of the wife of a Politician-Deputy Governor and later Governor’s wife. She not only remained true to her judicial oath, but also remained humble and passionate. She has served well, and deserves to retire to family life. She is a role model, and has set standards by which others will be measured. Though retired, I know she will continue to mentor and support judicial officers, with advice and guidance from her deep reservoir of experience.
Chief Ferdinand Orbih, SAN
She Demonstrated Rare Courage
Hon. Justice Mary Peter-Odili, was an Amazon on the Bench. A combination of elegance, brains, beauty and courage. A rare breed in the true sense of the word. She has left indelible footprints on the sands of judicial times, through her erudite judgments. She demonstrated rare courage as the only dissenting voice, when the inglorious removal from office of Hon. Justice Onnoghen came before the Supreme Court.
My Lord also demonstrated courage, when some miscreants tried to invade her house. She soundly rebuffed them. And the rest, as is usually said, is now history.
As she bows out of the Apex Court Bench, we thank the Almighty God on her behalf for a glorious and unblemished carrier at all levels of the Nigerian Judiciary.
Chief Anthony Idigbe, SAN
She Contributed Significantly to our Jurisprudence
She has served the judiciary and Nigeria well. She held her head high, and contributed significantly to our jurisprudence.
Chief Sebastine Hon, SAN
Very Articulate and Hardworking
My Lord was a very articulate, hardworking, well-focused and courageous Judge. I knew her way back in Port Harcourt; and even as spouse to the then sitting Governor, my Lord never wavered in the discharge of her duties as a Judicial Officer. Remember, too, that she rose from the Magistracy to the summit Court, id est, the Supreme Court. Given her gender, one can only applaud her exploits in the legal profession. I doff my hat, and pray that God Almighty grants her long life and all the good things of this life.
J.S. Okutepa, SAN
A Quintessential Jurist of Credit and Repute
I think my Lord, Hon. Justice Mary Peter-Odili JSC is a quintessential jurist of credit and repute. She is a mother, a humanist, and an epitome of what a judicial officer should be. She hardly got angry or upset, when she presided over matters while on the Bench. She guided those who may not know, and even those who knew, on what to do. She was compassionate in all ramifications. She exuded kindness and candour. She was attacked, but she remained resolute. As judicial officer, mother and grandmother, she is a light that shines in darkness, and was not overwhelmed by threats from different quarters. We will miss her greatly on the Bench, but we shall tap into her humanist posture in retirement. She is a friend, mother and role model. She is a workaholic and woman of virtue. Her kind is very rare to find.
I congratulate her on her successful tenure as Justice of the Supreme Court, and wish her happy 70th birthday. She did not panel beat her age as judicial officer. That is why she retired at 70, but looks like 60 years in appearance.
Sam Ologunorisa, SAN
We’ll Surely Miss her Erudite Contributions
My Lord Justice Mary Peter-Odili JSC, was a quintessential jurist of no mean repute. A great Judge of stellar accomplishments. One of our, best and mother to all. Always ready to assist and guide the junior ones. We will surely miss her erudite contributions, on the highest Bench of the land.
Dapo Tunde-Olowu, SAN
Her Industry Shines through her Judgements
I have had the privilege of appearing before my Lady, Justice Mary Peter-Odili at the Court of Appeal and at the Supreme Court. As she bows out after a lifetime of service to the legal profession and Nigeria, I celebrate with her for bowing out with grace and without blemish. My Lady is not only an erudite jurist, her industry shines through her judgements, and she leaves with a legacy many aspire to. I thank Justice Odili for her service to the profession, and to our great country, Nigeria. I wish her a beautiful time outside of the Bench.
Chief Emeka Obegolu, SAN
A Friendly, yet Firm Jurist
An eminent jurist has retired, after decades of selfless commitment to the enthronement of rule of law, and the administration of effective justice in Nigeria.
Hon. Justice Mary Ukaego Peter-Odili will be remembered by Lawyers and non-Lawyers alike, for her erudite judgements littering in various law reports, her judicial mien, and magisterial carriage in the finest traditions of the Judiciary.
The senior Lawyers will remember her as a friendly, yet firm jurist, who has a firm grasp of substantive and procedural law, and will not allow undue technicalities prevail over substantial justice.
Younger Lawyers will look back to the days when she presided in court with nostalgia, as Her Lordship showed motherly patience to young Lawyers who struggled with practice at the Apex Court.
Her Lordship had her days when she walked through the valley of the shadows of politically induced harassment; her faith in God and her enormous goodwill stood in the gap, while she prevailed against dark forces.
As Her Lordship takes a bow from the Supreme Court, I join the legal community in wishing her a well-deserved rest in continuing good health of mind and body.
Prof Andrew Chukwumerie, SAN
A Humane Judicial Officer from her Days as a Magistrate
She was an articulate, well-focused and humane judicial officer from her days as a Magistrate. She had the attitude of patiently hearing every advocate make his/her point. She did not allow her husband’s political exposure, to affect her focus on the job, and dedication to it.
She is probably one of the few that have traversed the full cadre or realm of the Judiciary, from the very lowest cadre of the Magistracy up to the Supreme Court. It is not possible to associate her with any thing less than the best judicial conduct and carriage. Throughout her judicial career, no one can associate her with any kind of crisis or any such kind of thing.
I know these things extremely well, because I practice in Port Harcourt where she had the most extensive span of her legal career. She was a Magistrate, and a High Court Judge in Rivers State. I have also watched her from a distance, when she left Port Harcourt for the Court of Appeal and the Supreme Court, culminating in the service with her on a national Committee for the Supreme Court and the NBA.
I can only wish her well, and hopefully, welcome her to a stint in the academics into which I have heard colleagues invite her into.
Chief Chris Uche, SAN
She held the Office with Great Dignity and Amazing Humility
Hon. Justice Mary Peter-Odili JSC, CFR is indeed, a great gift to the Nigerian Judiciary. An embodiment of judicial excellence, juristic brilliance and jurisprudential finesse, the noble law Lord served the nation and rendered justice at all cadres of the judicial hierarchy, without fear or favour. His Lordship held the office with great dignity, and amazing humility.
I join many others to celebrate Hon. Justice Mary Peter-Odili, as she bows out in grace and glory.
Tuduru Ede, SAN
Fine, Cerebral, Hardworking
Hon. Justice Mary Peter-Odili, JSC served as one of the finest, cerebral, hardworking and thought provoking Justices of the Supreme Court of Nigeria in recent years. She proved that Lady Justices either at the High Court and Courts of coordinate jurisdiction and the Court of Appeal, and can discharge judicial functions eminently and creditably.
Her judicial career was marked by distinctive, equitable application of the law to everyday problems. I wish her a well-deserved and worthy rest in retirement.
C.O.P. Emeka, SAN
She Wrote the Longest, Most Exhaustive and Most Prolific Supporting Judgements
I will remember Justice Mary Ukaego Peter-Odili for her amiable mien, which relaxes both Lawyers and litigants under the usually tense atmosphere of the Court. A quintessential jurist, my lord made her mark on the Bench, especially at the Apex Court.
Arguably, she wrote the longest, most exhaustive and most prolific supporting judgements in our law reports. A typical supporting judgement is short, and merely adopts the leading judgement. She changed the narrative.
Justice Peter-Odili does not look 70 at all, and appears top-notch physically and mentally at retirement. She will be missed. I hope Nigeria will continue to tap from her compendium of knowledge and experience, for a long time to come.
I wish my Lord, long, healthy and happy years in retirement as she bows out from the Supreme Court on this day when she clocked 70, after a colourful career on the Bench.
Mia Essien SAN
A Real Trailblazer
Honourable Justice Mary Peter-Odili was a trailblazer, being one of the few ladies who have been privileged to be Justices of the Supreme Court. She is well known for her excellence, integrity and maintaining discipline. From her judgements, it was very clear that she eschewed technicalities, and believed firmly in ensuring substantial justice was done. As she retires, having attained the statutory and mandatory age of 70, I wish her the very best.
Chief Layi Babatunde, SAN
A Source of Inspiration to Many Ladies
My Lord, Hon. Justice Mary Ukaego Peter-Odili, JSC served the Bench and country to the best of His Lordship’s ability. By her performance and progress on the Bench, she became a source of inspiration to many ladies, who ordinarily would not have dared to make a career on the Bench. A detailed Judge, who as much as possible, captured all the material facts of a case in her judgements. As they say, facts are the fountainhead of the law. My Lord took them seriously in her judgements. By reading her judgements, especially at the Apex court, you can have a feel of the journey of such cases from inception up to the Apex court. It will not matter, even if the case had been commenced at one of the much lower courts. I wish My Lord well, in retirement. Her family would be happy to have her back in good health. I believe
My Lord, will be missed by the Bar and the Bench, especially her brother Justices on Nigeria’s highest Bench. I wish My Lord happy retirement.
Sule Usman, SAN
A Lioness bows out of the Apex Court with integrity!
Hon. Justice Peter-Odili was an erudite jurist, who has made her mark in the annals of judicial history. She will be missed for her thoroughness, and detailed writing of her judgements.
