A Talented Jurist Has Fallen!

Honourable Justice Chima Centus Nweze, JSC (1958-2023)

In the midst of the annual vacation, the Nigerian Judiciary, Legal Profession and Human Rights Community, has been thrown into mourning by the untimely death of a cerebral Jurist and a promoter and protector of human rights, Honourable Justice Chima Centus Nweze, Justice of the Supreme Court, who joined the saints triumphant on Sunday, July 30th, 2023 at the age of 64. Olawale Fapohunda, SAN, Onikepo Braithwaite and Jude Igbanoi pay tribute to this Judicial Titan whom some referred to as, ‘The Dissenter of the Supreme Court’. 

Brief Biography 

Born on September 25, 1958, Hon. Justice Nweze was called to the Nigerian Bar in 1984. He was awarded a Ph.D by the University of Nigeria, in 2001. Hon. Justice Nweze was elevated to the High Court Bench of Enugu State in November 1995, Justice of the Court of Appeal in February 2008, and Justice of the Supreme Court in October 2014, where he served until his death. 

He also served in various capacities including: Member of the National Working Group on the Reform of Criminal Justice Administration, 2004, which birthed the Administration of Criminal Justice Act, and as a Visiting Human Rights Scholar, Faculty of Law, University of Nigeria, Enugu Campus, 2000-2008. 

His Dissenting Judgement  in Uzodinma v Ihedioha

Although Nweze is better known for his work in human rights and in academics, on the Bench, his dissenting judgement in Uzodima & Anor v Ihedioha & Ors (2020) LPELR-50260(SC), brought him accolades for his courage and sagacity.

Hon. Justice Nweze, in disagreeing with the majority judgement, held that the Supreme Court had the power to overrule itself in a desirous situation. He affirmed the Court of Appeal’s decision which upheld Ihedioha’s victory, adding that the Apex Court in the January 14, 2020 judgement, wrongly declared Uzodinma winner of the Governorship election.

According to Justice Nweze, “The reasoning in the judgement will sooner or later, haunt our electoral jurisprudence”. He said although his opinion was dissenting, “it is an appeal to the brooding spirit of the law”.

He noted that Uzodinma misled the court to accept the allegedly excluded results in 388 polling units, without indicating the votes polled by other political parties. He also faulted the results from the said polling units, without indicating the number of accredited voters in the polling units. He said the results could not be valid without indicating the number of accredited voters.

It was not all the decisions in every case which he participated in, that however, went down well with the people, as many criticised the judgements delivered in the Senatorial cases of Ahmad Lawan and Godswill Akpabio. 

Honour at Home

Early this year, Governor Ifeanyi Ugwuanyi of Enugu State, inaugurated a new State Customary Court of Appeal Headquarters Complex in Enugu, constructed by his administration as part of its infrastructure transformation agenda in the State Judiciary. The court was named after Hon. Justice Chima Centus Nweze, JSC as “Honourable Justice Chima Centus Nweze Complex, Customary Court of Appeal Headquarters, Enugu State Judiciary”, the edifice, located within the Three Arms Zone of the Independence Layout, Enugu, is the first headquarter complex of the Customary Court of Appeal in the State.

Also, the Faculty of Law, Geoffrey Okoye University, Enugu recently officially named its Moot Court in honour of Justice C.C Nweze, JSC.

May the flights of Angels, sing Honourable Justice Chima Centus Nweze, JSC to his rest. Amen

Onikepo Braithwaite and Jude Igbanoi

Tribute to a Brilliant Jurist and Promoter of Human Rights

Words fail me. I can’t remember when exactly I met My Lord, CC Nweze, JSC. It was my brother Silk, Chinonye Obiagwu that introduced me to him during one of LEDAPs Human Rights Seminars. What struck me about him immediately, was his brilliance and depth of understanding of national and international human rights treaties and jurisprudence. I remember taking notes, throughout his presentation. I was invited to the Conference as a resource person, and after listening to Nweze J ( as he then was), I did not need anyone to tell me that I had plenty of reading up to do. 

A Promoter and Protector of Human Rights 

In those days, it was rare to find a High Court Judge with so much depth and understanding of matters relating to the promotion and protection of human rights. I recall that it was after that Conference that Chinonye and I decided that we had to ensure that Nweze’s knowledge was widely shared. Between the both of us, we ensured that he got speaking invitations to a number of local and international human rights  conferences. His perspective was different and refreshing. He effortlessly linked the law and theory of human rights, with human rights litigation. We did not stop ‘pestering’ him even when he was deservedly elevated to the Court of Appeal, and subsequently, the Supreme Court. He was one of those that encouraged me to enable a quarterly Attorney-Generals Colloquium in  Ekiti State Ministry of Justice. He not only supported me with his presence, but was a constant source of encouragement and motivation throughout my two term tenure as Attorney-General.

His Concern for the Conditions of Service and Welfare of Judicial Officers 

In the Supreme Court, Hon. Justice CC Nweze was concerned about the salaries, allowances and conditions of service of Judicial Officers. We had several discussions, on the plight of Judges. We agreed that it was simply unconscionable, that judicial officers will be on the same salary for about two decades. Quite apart from poor salaries, we agreed that the current allowances payable to Judges are inadequate, and they do not meet current realities. We also discussed the caseload of the Supreme Court. We agreed that the huge number of cases before the Court, will continue to militate against the quality of the judgements. 

Hon. Justice Nweze was very pleased with the report of the NBA Committee on Judicial Remuneration and Conditions of Service. The only minus, according to him, was that we forgot to include a review of Robe allowance. In his words, “the Naira to Pound Sterling exchange rate has made the purchase of quality judicial robes and accessories, beyond the reach of a Judge”. The NBA Committee, immediately effected his observation. 

I observed his cynicism about the willingness of this new administration, to implement the desired review of judicial remuneration. I constantly assured him that the Tinubu administration would be different, seeing as President Tinubu came into office with a track record of judicial reform from his days as Governor of Lagos State. I also informed him that I felt assured that, President Tinubu would easily give his support for the review of judicial remuneration within the context of justice sector reform.

Conclusion 

I imagine there will be lots of condolence messages, especially by Justice Sector stakeholders. However, in my view if there is one thing that we should focus our minds on in remembrance of Nweze JSC, it should be our collective resolve to ensure that his advocacy for the improvement of judicial remuneration is supported.

Chima Centus Nweze, had an influential presence on the Bench. He was  a brilliant legal mind with  intellectual depth. He will no doubt be remembered as one of the most consequential Justices and thinkers to serve on the Supreme Court.

May God bless and keep Chima Centus Nweze, JSC, in His heavenly place. May He grace the Nweze family with His holy comfort. And, may He bless and watch over all the Justices of the Supreme Court.

Olawale Fapohunda, SAN, Immediate Past Attorney-General of Ekiti  State; Managing Partner, Legal Resources Consortium