Towering Academic, Constitutional Lawyer, Ben Nwabueze, Dies at 94

•Tinubu, Obi mourn

Louis Achi, Deji Elumoye in Abuja and David-Chyddy Eleke in Awka

Nigeria’s foremost constitutional lawyer, towering academic, and erstwhile Secretary General of Ohanaeze Ndigbo worldwide, Professor Ben Nwabueze, is dead.

Aged 94,  Nwabueze died at a period of significant socio-political crises and uncertainty both for the region, nation and continent he deeply cherished.

A press release by Eni Nwabueze, on behalf of the Nwabueze family, read: “With great sadness, we announce the passing on to celestial glory of our patriarch, Professor B. O. Nwabueze, SAN, NNOM, CON, pioneer Secretary-General of Ohanaeze Ndigbo and the Oduah Afo-na-isagba of Atani, Anambra State, on Sunday, October 29, 2023 aged 94.

“He lived an exemplary life of consequence. Burial arrangements will be announced in due course.”

President Bola Tinubu condoled with the Nwabueze family and the government and people of Anambra State, on the passing of the renowned constitutional lawyer and former Minister of Education,

In a release on yesterday by his media adviser, Ajuri Ngelale, Tinubu described the death of the foremost constitutional lawyer as a profound loss, saying Nwabueze’s knowledge of law was outstanding.

He stated, “Prof. B.O. Nwabueze’s contribution to the precedents and principles of the nation’s constitution is notable. His involvement in the drafting of the 1979 Constitution is a legacy that stands him out as well as his outstanding contributions to the legal profession at large.”

Tinubu asked his family, the good people of Anambra State, and Nigerians, in general, to take solace in the worthy legacy that the deceased left behind.

The presidential candidate of Labour Party (LP) in the February 25 general election, Peter Obi, described the former minister as an uncommon patriot who was a father figure in all ramifications.

Obi, in a condolence message to the Nwabueze family and Ohanaeze Ndigbo, said Nigeria will miss the deceased lawyer’s wise counsel.

He stated, “I am saddened by the death of a very revered Nigerian and a respected father figure, Foremost patriot, constitutional lawyer, and erstwhile Secretary General of Ohanaeze Ndigbo worldwide, Professor Ben Nwabueze, SAN.

“Prof Ben Nwabueze was a seasoned academician, thoroughbred administrator, and experienced politician. An uncommon jurist and scholar, Prof Nwabueze was Nigeria’s first academic Senior Advocate of Nigeria.

“He was also the former Minister of Education and Youth Development.”

Obi also noted, in the message signed by his media assistant, Michael Jude Nwolisa, that as a father figure, whose desire for a great Nigeria was well known, Nwabueze “remained supportive of me in my political journey”.

The former Anambra State governor stated regarding Nwabueze, “Throughout my years as the then governor of Anambra State, his wise counsel and guidance added to the success my administration achieved in the state, which (was) due considerably to his wise counsel.

“I continued to enjoy his cordial relationship and wise counsel even after leaving office.”

The LP presidential candidate recalled how, in 2019, when he was the vice presidential candidate of Peoples Democratic Party (PDP), Nwabueze headed the legal team at the Presidential Election Tribunal, despite his health challenges.

“He was a man who desired justice, peace, and progress in our country,” Obi said.

He added, “While I mourn his irreplaceable loss, I am comforted by his immense contribution to our nation, especially in the areas of education and legal practice, especially his specialisation of constitutional law.”

Obi prayed God to comfort the entire Nwabueze family and Nigerians, generally, and grant the departed eternal rest.

Nwabueze was the first academic Senior Advocate of Nigeria. Under the heft of his deep legal mind, the often contrived fog over the country’s constitutional law assumed new clarity.

For Africa, he leveraged academia. For Ndigbo, he represented a strong advocate for its cause. Alongside Akanu Ibiam, M.I. Okpara, K.O. Mbadiwe, Chief Ugochukwu, P.N. Okigbo, and Udoji, Nwabueze co-founded Ohaneze Ndigbo, in 1976.

He served as the body’s Secretary-General between 1978 and 2004, in which capacity he transformed it into a formidable, highly regarded non-partisan pan Igbo pressure group.

Nwabueze was born on December 22, 1932, in Atani, Ogbaru Local Government Area of Anambra State. Young Nwabueze attended CMS Central School, Atani, from 1938 to 1945 and, subsequently, C.M.S Central School, Onitsha, (formerly, African College) from 1947 to 1950.

He later attended the London School of Economics and Political Science, University of London, from 1956 to 1961, and the School of Oriental and African Studies, University of London, 1961 to 1962.

From 1962 to 1965, he was Senior Lecturer at Holborn College of Law, London, and Senior Lecturer, University of Nigeria Nsukka, between 1967 and 1970. In 1971, he was Dean, Faculty of Law, University of Zambia, and Director, Law Practice Institute, Zambia, from 1973 to 1975.

Much of his academic pursuits abroad were made possible by scholarships awarded to him for his academic excellence.

He earned his Doctor of Laws (LL.D) at the University of London in 1978, based on his three outstanding books – Constitutionalism, Presidentialism, and Judicialism. This remarkable achievement made him enter the record books as the second (since the death of Dr. T.O. Elias) Nigerian and African holder of a higher doctorate degree in Law by published works.

He was also the first academic lawyer to be made SAN in 1978, strictly on the basis of his published works. He was a member of Senate of the University of Lagos, as well as the universities of Dar-es-salaam, Nairobi, Haile Selassie in Ethiopia, Lesotho, Botswana and Swaziland between 1971 and 1978.

He was appointed University Assessor for Academic Appointments, Universities of Ghana, Lagos, Ife (now Obafemi Awolowo University) and Jos between 1978 and 1979.

He also had a stint in the banking industry. He was the company secretary/legal adviser, United Bank for Africa Limited, 1976-1980; Executive Director, United Bank for Africa Limited, 1980-1986; chairman, Oriental Bank, 1986-1988, and Chairman, First Finance and Trust Company Limited.

In 1982, Nwabueze became Director, SCOA (Nigeria) Limited. He was a member of the Constitution Drafting Committee for Zambia, 1973; Constitutional Adviser, Government of Kenya, 1992; Constitution Committee for Nigeria, 1986; and the Constitution Drafting Committee for Nigeria.

Nwabueze authored over 30 books and treatises. They include The Machinery of Justice in Nigeria; Constitutional Law of the Nigerian Republic; Nigerian Land Law; and Constitutionalism in the Emergent States.

Others are Presidentialism in Commonwealth Africa; Judicialism in Commonwealth Africa; The Presidential Constitution of Nigeria; A Constitutional History of Nigeria; Federalism in Nigeria under the Presidential Constitution; and Nigeria’s Second Experiment in constitutional Democracy in Africa in Five Volumes.

He wrote over 200 articles in academic journals and more than 100 keynotes at local and international bonferences.

He was appointed to Professorial Chairs in the following universities; Zambia, 1970 to 75; Ahmadu Bello University, Zaria, 1974; University of Nigeria, Nsukka, 1975-76; Anambra State University of Technology; Nnamdi Azikiwe University, Awka, 1989-1983 (visiting).

For positively impacting his region, country and continent; for his consistency and courage in illuminating constitutional law in Nigeria; for his strong, persistent advocacy of good, constitutional governance; for co-founding Ohaneze Ndigbo, a platform meant to articulate the interest of the Igbo in the Nigerian polity, Nwabueze indisputably left his indelible footprints on the sand of time.