Muhammed Lawal Uwais (1936-2025)

Olusegun Adeniyi

It is undeniable that the late former Chief Justice of Nigeria (CJN), Muhammed Lawal Uwais excelled in his assignment as Chairman of the electoral reform panel established by thelate President Umaru Musa Yar’Adua. That most of the fundamental recommendations by the panel have not been implemented is an indictment on the authorities in our country. But to reduce his entire life and careerto this one role, as being done by some commentators—even if well-meaning—is unfair to the 27 years Uwais dedicated to the Supreme Court and his several contributions to Nigeria’s legal system.

It is indeed most fitting that THISDAY LAWYERpublication devoted its latest edition on Tuesday to Uwais, who was called to the Bar at the Middle Temple, London in 1963 and held the position of CJN for 11 years from 1995 until retirement in 2006 at age 70. In his tribute, Olisa Agbakoba, SAN, not only reminded readers that Uwais as CJN returned N5 billion to the treasury at the end of the 2005 budget year but also that Uwaiswas a member of the old generation of Supreme Court Justices who remain Gold Standard in the estimation of most Nigerians: Chukwudifu Oputa, Kayode Esho, Andrews Obaseki, Anthony Aniagolu and others.

It is indeed on record that as a relatively new Supreme Court Justice in 1979,the exceptional qualities of Uwais were quickly recognized by then CJNAtanda Fatayi-Williams, who included him (Uwais) on the panel overseeing the high-profile political case filed bythe late Chief Obafemi Awolowo against Alhaji Shehu Shagari, following the 1979 presidential election. I believe the experience Uwais gained from that panel ofjudicial giants must have significantly influenced his development into the distinguished judge he later became.

Throughout his career on the bench, Uwais’ jurisprudence was marked by firm reinforcement of constitutional supremacy and federal balance, expansion of fundamental rights, liberal approach to constitutional interpretation, clarification of judicial and court jurisdictions, and advocacy for robust electoral and institutional reforms. Those were the fundamental kernels on which his judgements rested, and I can cite a few. While affirming the nullification of the gubernatorial in Kebbi State in 2003, Uwais came up with the doctrine of ‘Substantial Compliance’ with the electoral act by the Independent National Electoral Commission (INEC) which has become the standard for judges on elections. The ruling emphasized that minor irregularities may not void an election, but “Where an election is conducted in substantial non-compliance with the Electoral Act, the results cannot stand, and a fresh election must be ordered.”

In the case between Abia State and the federal government, following the signing into law of the Revenue Monitoring Act (2005) by President Olusegun Obasanjo, Uwais’ judgment affirmed fiscal federalism. The issue centred on the constitutionality of the legislation which required states to remit internally generated revenues (IGR) to the Federation Account for redistribution. The argument of the 36 states led by Abia, Lagos and Ogun was that the Act encroached on the autonomy of the states regarding the management of their IGR (e.g., taxes, fees). They argued further that only federally collected revenues (e.g., oil taxes, customs) should be shared under Section 162 of the 1999 Constitution.

In dismissing the argument of the federal government that the Act was aimed at ensuring equity by redistributing all revenues, including state IGR, Uwais held that “The Constitution clearly demarcates federal and state revenues. The National Assembly lacks power to confiscate states’ IGR under the guise of ‘monitoring.” On Residual Powers, Uwais said “States are not appendages of the federation. Their autonomy over IGR is sacrosanct under S. 4(7) of the Constitution.” And on constitutional interpretation: “Where the Constitution is clear, as in S. 162, the court must give effect to its plain meaning without legislative overreach.”

From the case between the late Chief Gani Fawehinmi against the Inspector General of Police over his detention to that of the late Chief Emeka Ojukwu against the Lagos State government, Uwais upheld the fundamental rights of citizens against official arbitrariness. In the case of the latter over the seized property under the Abandoned Properties Act after the civil war, it was the intervention by Uwais at the Court of Appeal(where he was at the period) that saved the day.“A citizen cannot be deprived of his property without due process, even under wartime regulations. The government must follow the rule of law, not arbitrary force,” according to Uwais who ruled in favour of Ojukwu.

Perhaps the most notable of Uwais jurisprudence was his ruling in the case between the late Senator Abraham Adesanya and the federal governmentwhich has become a pivotal reference for ‘Locus Standi’ in Nigeria today. This isacknowledged by Professor Taiwo Oshipitan in his article titled,‘Constitutional Law’ in a journal on Uwais’ work edited by the late Justice Niki Tobi. This case involved a member of the Second RepublicNational Assembly (Adesanya) attempting to block President Shagari from appointing Justice Ovie Whiskey as Chairman of the Federal Electoral Commission (FEDECO), the electoral body now known as INEC.

While underscoring the need for access to justice, the late Uwais highlighted the importance of deterring intrusive interlopers, meddlesome individuals, and professional litigants from filing cases on matters that do not directly relate to them. His creativity in deriving ideas from administrative law to establish the essential criteria for locus standi has since become an established principle. Despite several deferred opinions, the principle enunciated by Uwais endures as access to court still essentiallydepends on whether one’s civil rights are infracted upon or not.

Of course, most people remember that the Uwais Panel recommended an electoral offences commission, independent constituency-resizing and party-regulation bodies, shifting the appointment of INEC chairman to the judiciary, adopting proportional representation for legislatures among others. These were based on his understanding that credible elections are important to the survival of any democracy.

In THISDAY LAWYER on Tuesday, several serving and retired Judges as well as prominent legal practitioners paid glowing tributes to Uwais. But it is the current CJN, Justice Kudirat Kekere-Ekun, who wrote something that I found most touching because I could attest to it. “…But, perhaps, what we will miss most is his quiet dignity—his ability to inspire without demanding attention, to lead without pretence, and to mentor without fanfare,” Kekere-Ekun wrote.

That indeed summed up the essence of the Uwais I knew and with whom I enjoyed a good relationship for almost two decades.Until two years ago when his health started to deteriorate, I used to be a constant in his house for Iftar during every Ramadan.But what I can never forget was his visit to my house in October 2019, following the death of my younger brother, Agboola.Although he was quiet for most of the period he spent with us, his mere presence in our house was comforting at a most difficult period for me. May God comfort the family he left behind.

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