Man, Who Saw Today: Hon. Justice I.A. Umezulike’s Five Years Postscript By Dennis Agbo
If the 1555 book, Les Propheties, by the French Astrologer, Apothecary and Physician, Michel De Nostredame, popularly known as Nostradamus is to be recreated or adopted in the light of the present times, the documentary would probably be titled ‘The Man who saw Today’ instead of the dramatic premiering as a Man who saw Tomorrow.
Nostradamus is renowned for his predictions which some appeared to have come true. He was highly sought after and was even invited to the Royal courts to create horoscopes for the Royal children. Some people believe that his prophecies have predicted actual events, such as the death of Henry II, the French Revolution, the rise of Napoleon, the rise of Adolf Hitler, and the USA September 11 terror attacks.
The former Chief Judge of Enugu state, Late Hon. Justice Innocent Azubike Umezulike, whose years of administrations, is yet to be equalled in the Eastern part of Nigeria, fits into the Nostradamus shoes of great predictors, whose foresight in the ethics, candour, and practice codes of the Judiciary system has today positioned him along the paths of the 16th century philosophers.
In his prediction 13 years ago, Umezulike said that a Judge or Magistrate is an exceptional and distinct public officer, who it would be ridiculous for him or her to be subjected to opprobrium and scrutiny.
It’s against the background of Umezulike’s prescriptions for a ‘perfect Judge’ that today’s Nigeria Judiciary that has become a subject of ridicule, has made the late Hon. Justice Umezulike become a philosopher King and Man who saw today in yesterday.
Umezulike said that “The Holy Bible requires for the office of a Judge, men who are capable, godly, honest, and above all men who hate bribes. Islam also prescribes that nothing should shift a Judge from the path of rectitude. It is the recognition of these awe-inspiring functions that lawyers and, or litigants bow before us and refer to us (Judges) as ‘My Lord’, ‘Your Worship’ and ‘Your Honour.’ We are not therefore expected to defile this sacred trust. They must in the discharge of their sacred functions be guided by the norms and ethics of their profession. A Judge or Magistrate or Khadi is expected, first and foremost, to be a gentleman. And if he knows a little law in addition, so much the better.”
In his paper, Judicial Ethics and Accountability, delivered on December 1, 2010, at the National Judicial Institute (NJI’s) National Workshop for the lower courts in Nigeria, Justice Umezulike ascribed the cause of Nigeria’s inability to adhere to codes of conduct, indiscipline, discard of ethics and values to vain glories capable undermining a nation and her people.
These malfeasances, Umezulike argued, brought about corruption in Nigeria which alarmed former President Shehu Shagari in 1983 and made him establish a National Ethical Re-orientation and Code of Conduct which later failed, woefully!
Umezulike attributed the failure of the Code of Conduct to politicians who he accused were supposed to lead the ethical revolution but turned the Nation’s resources and treasury into a buffet’ and criminally helped themselves.
He remarked that the late President Shagari while inaugurating his Ethical Re-orientation and Code of Conduct for Nigerians was worried that Nigeria was sickened by the garbage of corruption, fraud, smuggling, criminal deception, and dishonesty.
Umezulike envisaged that the judicial Code of Conduct would not be far reaching or impactful, unless reinforced by general societal code of ethics and standards which Nigerians must bind themselves or mainly feel committed or obligated to observe at all times.
“Code of Conduct is usually intended to restore merit, honesty, integrity, patriotism, and hard work. And these attributes are absolutely lacking in Nigeria’s public life. And as we have seen, President Shagari’s attempt failed woefully. Hence the introduction of a code of conduct as a crucial instrument of measuring performance of Judicial officials must be regarded as a welcome development in Nigeria,” Umezulike said.
Among the codes of conduct crucial to a Judge, Magistrate or a Khadi is comportment which Umezulike said controls and orders the behaviour of a Judicial officer resulting from his training and station in life or position. According to him, once a person becomes a judge or magistrate or Customary Court Judge, many things that seem convenient would evidently, no longer be right, such as eating and drinking of alcohol in roadside, eating houses; reckless driving on roads; writing of newspaper articles in matters unrelated to development of law, or appearance in public in dirty and casual dresses.
Ethics is moral principles or rules of behaviour that govern or influence the professional behaviour or functions of a judicial officer. It has a thin line demarcating it from sets of code of conduct, but Umezulike practically noted that it has to do with the composure of a judge, Khadi, Magistrates or Sharia Court judge to be in firm control of the proceedings of his court.
“He must be polite not rude, understanding rather than irascible, accommodating rather than difficult to litigants and counsel appearing before him. He should not engage himself in unnecessary interruption of proceedings in his court through asking too many questions as though he was conducting the case for a party,” Umezulike outlined.
On the issue of corruption, Justice Umezulike stated that there was a general state of anomie in Nigeria, where social norms and value support systems have virtually broken down and no restraining value or instincts against corruption in Nigeria; but said that Judicial officers by their role in society must rise above these common heads because they perform some of the functions of God on earth.
“They must, like the British King, be incapable of doing wrong, incapable of thinking wrong and incapable of doing improper things such as accepting bribes. In a Judge should no folly or weakness be found. Once justice becomes pricey the public would lose interest in the entire Judicial and Justice system. Then society would return to the original atavistic state of nature. Judges must constitute themselves, collectively and individually as anti-corruption crusaders. And this must begin from our individual courts,” Umezulike charged.
According to His Lordship, the problem of corruption is not only cancerous but global in the sense that it is a social malady that not only cuts across the continents but also across the various professions, especially, including the judiciary.
It is one of the most pervasive problems of Africa including Nigeria which has been adjudged by Transparency International as one of the most corrupt countries in the world.
Honourable Justice Professor Innocent Azubike Umezulike, OFR, FCIArb, FIIAN (1953 – 2018) understood the demands of the authority bestowed on such a custodian of law; he was prepared for it and upheld the virtues of justice administration until the nature call.
From testimonies of the living whom he crossed paths with in his 64 years sojourn, Justice Umezulike was not only a good man but an intellectual giant and probably Africa’s most prolific writer in land law, comparable only to academic legal colossus such as Prof Ben Nwabueze.
Umezulike was the best, masterly in his knowledge of law, a good and an honest man, whose brain is not lost but dwells in his 23 books. Though irreplaceable in physic and stature, he was incorruptible despite the glitter of lucre and booby traps.
Born second child of the five children of his parents, Mr. and Mrs. Umezulike Unegbu of Uhukagbo kindred of Ifite-Mgbidi, Awgu local government area of Enugu state, Justice Umezulike emerged a legal luminary, a Professor of law and a Chief Judge per excellence. As a teacher of law, his students found his authority in Conveyancing and Adverse Possession as a stamp of knowledge. As a professor in Land and Property Law, Umezulike dotted his footprints with 23 books.
Called to the Nigerian Bar in 1980, he was assigned Chief Judge of Enugu state after his 11 years of magnetic performance on the Bench. It did not take time for the Nigerian government to award him Order of the Federal Republic (OFR). The Chartered Institute of Arbitrator also awarded him a Fellow (FCIArb), due to his legal exploits.
Apart from being the Chief Judge of Enugu State for over 13 years, Hon. Justice I.A. Umezulike would be remembered for receiving over 100 distinguished Legal Honour and Awards for excellence in service as a distinguished Judge of Enugu State High Court for over 13 years and who single-handedly authored and published over 23 books in these fields.
He was appointed by the Federal Government of Nigeria to serve at the Supreme Court of Gambia in 1997, just as he was also found credible enough to be the Chairman of Failed Banks Tribunal Zone 6 Nigeria in 1998. Among his numerous accomplished tasks included his Chairmanship of Visitation Panel to Enugu State University of Science and Technology (ESUT); Chairman judicial panel of inquiry on land distribution and allocation in Enugu state; Chairman judicial inquiry on adoration ground tragedy.
Hon. Justice Professor I.A. Umezulike was made Chairman Judicial Service Commission (JSC); Chairman Comprehensive Judicial Inquiry on Land distribution in Enugu State; Sub-Dean Faculty of Law, Nnamdi Azikiwe University and a Visiting Professor of Property Law, Ebonyi State University.
Justice Professor I.A. Umezulike was again a visiting Professor of Property Law, ESUT; Secretary, National Committee for the Unification of Criminal Laws of Northern and Southern Nigeria; Secretary Ministerial Committee for the Revision of the Land Use Act; Senior Special Adviser to the Attorney General of Federation of Nigeria.
He was a Distinguished Senior Legal Adviser to the Nigerian Television Authority. The legal icon accomplished other tasks as Secretary, Task Force on Company Incorporated by Guarantee in Nigeria; National Leader, Nigerian Delegation to African legal consultative assembly held in Kampala, Uganda.
The Quintessential Jurisperitus as a father would be missed by his family which he stood robust, strong, gallant, and unshakable like an Iroko tree. He lived for the family, unapologetically, unwavering in his convictions, determined in his chosen path and enjoyed life to the fullest. He loved beyond words that his children pray to fill the wide vacuum his exit has created.
Justice Professor Innocent Umezulike passed on in a private London hospital in June 2018, laid to rest on September 28, 2018, at his country home, Mgbidi, Enugu state after a Night of Tributes at Enugu sports club and a valedictory court session at the Enugu State High Court Auditorium, named after him.
Pursuant to His Lordships ideals, a foundation – Hon Justice Innocent Umezulike Foundation was established in his memoriam, committed to the development of a more progressive society through education of children and adults.
The Foundation engages in activities of building a progressive nation by positively investing into education of children, youths and adults. It has carried out many successful projects such as: the Innocent Project that provides indigent children with school materials, National Law debate competition, mentorship and internship programs, Law essay competitions, Sepsis awareness competitions, national debate competitions, several humanitarian projects, national moot court competition and scholarship programs.
