Judicial Activism: Tribute to Former CJN, Idris Legbo Kutigi

“WHERE JUSTICE KUTIGI DISAGREED ON ANY ISSUE OF LAW WITH HIS BROTHER JUSTICES OF THE SUPREME COURT, HE DID SO COURAGEOUSLY.... KUTIGI ADVISED HARD WORK, PATIENCE AND PERSEVERANCE, FOR YOUNG PEOPLE. IN HIS VERY WORDS HE SAYS “DO NOT BE IN A HURRY” ”

KHis Life

utigi was born in December of 1939, at Kutigi town in Niger State. He started his educational career when he attended the Elementary School Kutigi, from 1946 to 1951. From there, he proceeded to the Niger Middle School, Bida 1952 to 1953. Between 1954 and 1959, he was at the Niger Provincial Secondary School, Bida, after which he proceeded to the famous Government College (now Barewa College), Zaria, where he studied from 1960 to 1961.

Between 1962 and 1963, he was at the Ahmadu Bello University, Zaria, after which he studied at the School of Oriental and African Studies, University of London, between 1963 and 1964. He also attended the Inns of Court School of Law, London, between 1963 and 1965, and the Gibson and Weldon College of Law between 1964 and 1965. He was called to the English Bar at the Lincoln’s Inn, London, on 20th July, 1965. He attended the Nigerian Law School between 1965 and 1966 and was called to the Nigerian Bar on 22nd July, 1966.

As a Lawyer, Kutigi acquired vast experience in the Ministry of Justice. He served at various time as Pupil State Counsel from July 1966 to July 1968; State Counsel, North Western State, July 1968 to July 1970; State Counsel Grade 1, July 1970 to July 1971; Senior State Counsel Grade 1, July 1971 to July 1972; Principal State Counsel, July 1973 to July 1974; Deputy Solicitor General July 1974 to July 1975;

Deputy Director of Public Prosecutions, April 1975 to October 1975.

Between October, 1975 and March 1976, he served as the Chief Registrar, High Court of Justice, North Western States, Sokoto. Later he became the Solicitor-General and Permanent Secretary, Niger State, between April, 1976 and December, 1977. Within that same period, he also served as the Attorney-General and Commissioner for Justice, Niger State. In the course of his career in the civil service, he attended the Commonwealth and Overseas Legal Officers Course in the United Kingdom between 1970 and 1971. He also served as a member of the North Western States Local Government Reforms Committee between 1969 and 1970.

Judicial Career and Landmark Judgements

The judicial career of Kutigi, began with his appointment as a High Court Judge in 1976. He served in that capacity until October 1980, when he was elevated to the Court of Appeal bench. In February 1992, he rose to the pinnacle of the judiciary in Nigeria, when he was appointed a Justice of the Supreme Court.

At the Supreme Court, Kutigi was involved in many landmark judgements. In particular, he delivered the leading judgements of the Supreme Court in the cases of A. G. Abia State v A. G. Federation (2002) 6 NWLR (Pt. 763) 264, wherein the Supreme Court resolved in favour of the Houses of Assembly of the States as against the National Assembly, the dispute between the Federal Government on the elections into Local Government Councils. That decision led to the eventual repeal of the Electoral Act 2001.

Before that landmark decision of constitutional significance, Kutigi had also delivered the leading judgement of the Supreme Court in N.T.C. Ltd v Agunanne (1995) 5 NWLR (Pt. 397) 541, where the Supreme Court held that, the doctrine of “common employment” as a defence in an action in negligence under the common law, was no longer applicable in Northern Nigeria, by reason of the fact that the Law Reforms Personal Injuries Act, 1948 of England had abolished the doctrine long before the High Court Law of Northern Nigeria, 1955, which by its reception clause in Section 28 adopted the common law, the doctrines of equity, and statues of general application which were in force in England on the 1st day of January, 1900.

Where Justice Kutigi disagreed on any issue of law with his brother Justices of the Supreme Court, he did so courageously, as he did in the cases of Chima v Ude (1996) 7 NWLR (Pt. 461) 379 and Okike v L.P.D.C. (2005) 15 NWLR (Pt. 949) 471.

Between 13th February, 2006 when the profile of Honourable Justice Kutigi was published in the Nigerian Weekly Law Reports and Thursday, 18th January, 2007 when he was appointed Chief Justice of Nigeria, although he was sworn-in as the substantive Chief Justice of Nigeria on Tuesday, 30th January 2007, he had cause to deliver more leading judgements of the Supreme Court of Nigeria, in such landmark cases as: Plateau State Government v Attorney- General of the Federation (2006) 3 NWLR (Pt. 967) 346 wherein the Supreme Court struck out the suit challenging the declaration of a State of Emergency in Plateau State on 18th May, 2004, on the ground that there was no valid authority to institute the action; and Umanah v Attah (2006) 17 NWLR 3 (Pt. 1009) 563 wherein the Supreme Court held that, it did not have jurisdiction over election matters in respect of the office of a Governor, even though the claim involved allegation of fraud allegedly committed by members of the Election Tribunal, who decided the election petition earlier filed by the Appellant.

On the other hand, His Lordship dissented in the case of Attorney-General of Abia State v Attorney General of the Federation (2006) 16 NWLR (Pt. 1005) 365 wherein, by the majority decision of the Supreme Court, it was held that the National Assembly lacked the competence to enact law (the Monitoring of Revenue to Local Governments Act, 2005) for monitoring of allocation of funds to Local Governments by State Governments, and Dada v Dosunmu (2006) 18 NWLR (Pt. 1010) 134 where he presided and dissented on the issue of the identity of the parcel of land in dispute.

Upon His Lordship becoming the Chief Justice of Nigeria, many more landmark cases, mostly involving constitutional issues, have been decided by the Supreme Court of Nigeria. Some of the cases include: A. G. Kano State v A. G. Federation (2007) 6 NWLR (Pt. 1029) 164 where the Supreme Court held that, it did not have original jurisdiction with respect to a criminal matter: A. G. Abia State v A. G. Federation (2007) 6 NWLR (Pt. 1029) 200 where it was held that, the Economic and Financial Crimes Commission (EFCC), as an agency of the Federal Government, cannot be sued by an original action before the Supreme Court; Abubakar v A. G. Federation (2007) 6 NWLR (Pt. 1031) 626, which His Lordship read the leading judgement, it was held that, the reference of constitutional issue in accordance with the provisions of the 1999 Constitution, because there was no proceeding before the Court of Appeal, and the reference was struck out.

In Inakoju v Adeleke (2007) 4 NWLR (Pt. 1025) 427, the Supreme Court gave its reasons for its earlier decision setting aside the impeachment of Senator Rashidi Ladoja as Governor of Oyo State. Also in Dapianlong v Dariye (2007) 8 NWLR (Pt. 1036) 332, it was held that, the impeachment of Governor Joshua Dariye was invalid, and was accordingly set aside by the Supreme Court.

Other notable constitutional cases decided by the Supreme Court under Kutigi’s tenure include Lufadeju v Johnson (2007) 8 NWLR (Pt. 1037) 535, where it was held that remand proceedings in Magistrates’ Court are constitutional. While in A. G. Federation v Abubakar (2007) 10 NWLR (Pt. 1041) 1, it held that Vice President Atiku Abubakar did not vacate office by reason of his defection to another political party. There is also the case of Global Excellence v Duke (2007) 16 NWLR (Pt. 1059) 22, where the Court settled the issue that immunity from suit conferred by Section 308 of the 1999 Constitution, does not preclude a beneficiary of the provision from instituting an action.

There are other important cases involving election matters such as Ugwu v Ararume (2007) 12 NWLR (Pt. 1048) 367, where the Court held that, a political party cannot substitute its candidate within 60 days to an election, except for cogent and verifiable reasons under Section 34(2) of the Electoral Act, 2006.

Similarly, in Amaechi v INEC (No. 3) (2007) 18 NWLR (Pt. 1065) 105, the Supreme Court applied its earlier decision in Ugwu v Ararume (supra), and went further to order the incumbent Governor to vacate his seat, and that the Appellant be sworn in as Governor immediately. While in Action Congress v INEC (2007) 12 NWLR (Pt. 1048) 222, the Court held that INEC cannot disqualify a candidate for an election either under Section 137(1) (i) of the 1999 Constitution or Section 32 of the Electoral Act, 2006.

Following the same trend, in Obi v INEC (2007) 11 NWLR (Pt. 1046) 565, the Supreme Court held that, the term of office of a Governor is four years certain, and begins to run from the date the occupant is sworn in. But, in Ladoja v INEC (2007) 12 NWLR (Pt. 1047) 119, the Court held that it could not extend the term of office of a Governor to compensate for period of unlawful impeachment. While in A.G. Anambra State v A. G. Federation (2007) 12 NWLR (Pt. 1047) 4, it was held that, a State Government has no locus standi to sue in respect of personal right of the occupant of the office of a Governor.

Accolades and Roles

A widely travelled man, Kutigi CJN, was awarded the prestigious National Honours of Commander of the Order of the Niger (CON) in 2001. In December 2008, he was listed for the award of Grand Commander of the Order of the Niger (GCON). He was a past Chairman of the Body of Benchers and was a Life Bencher. He was also a Member of the World Jurists Association and of the Commonwealth Magistrates’ and Judges Association.

Family Life

Idris Legbo Kutigi, Former C.J.N. G.C.O.N was happily married with 18 children. Two of the male children are Judges of Superior Courts of records in Nigeria, namely Honourable 6

Justice M. B. Idris of the Court Of Appeal, Abuja Division and Honourable Justice A. I. Kutigi of the F. C. T. High Court, Abuja. He also had as his son, Honourable Kutigi, a former member of the House of Representatives, Abuja.

All his children are educated and married, and he has more than 40 grandchildren.

Kutigi described himself as a farmer’s son, who preferred to live life as an ordinary man.

Kutigi said in their time, cameras were only available in Bida, and that is why he did not have early photographs, as he was living in Kutigi village in Niger State.

Kutigi advised hard work, patience and perseverance, for young people. In his very words he says “do not be in a hurry”.

The Former Chief Justice of Nigeria, says the work of Chief Justice of Nigeria is mainly administrative and very tasking. The Chief Justice of Nigeria is the Chairman of National Judicial Council, the Chairman of Federal Judicial Service Commission and the Chairman of National Judicial Institute etc.