Fashola Eulogises the Life and Times of Hon. Justice Chukwunweike Idigbe

Asks Nigerians to emulate his exemplary behaviour

Adibe Emenyonu in Benin City

Immediate past Minister of Works, Mr Babatunde Raji Fashola, SAN (BRF), has commended the life and times of late Hon. Justice Chukwunweike Idigbe, JSC, saying like him, Nigerians must offer service and duty in private and public capacities, before they can expect protection and assertion of rights. He described this as the proper order for the workings of the social contract, between citizens and Government.

According to BRF, the reason for the reverence and and celebration of the life and in death of the late jurist, was his service and sense of duty to Nigeria and his fellow citizens.

BRF spoke while delivering the 19th Justice Idigbe Memorial Lecture titled: “Duty and Citizenship – The Social Contract” on Tuesday, at the University of Benin (UNIBEN) Auditorium.

Chukwunweike Idigbe (1923-1983) was a Justice of the Supreme Court of Nigeria. He was appointed to the position on April 10, 1964. He later served as Chief Justice of the Mid West Region.

BRF, former Governor of Lagos State, who described Justice Idigbe as a dutiful citizen and worthy Nigerian patriot, said when he was invited to intervene at memorial lecture early this year, and was asked to review the late Justice’s judgment, he became delighted because Idigbe came from a family that continues to celebrate him.

Addressing the audience, the Guest Lecturer recalled with nostalgia: “I was here about three decades ago when the first Idigbe memorial lecture was delivered by no less a personage than the Honourable Kayode Eso, JSC in 1985, and I sat where many of you are seating today, listening with rapt attention to every word and made sure I did not leave the hall until I got a printed copy of the lecture which I am sure I still have, but cannot currently find”.

“This is part of the contest that underpins my delight to be here today as a Lecturer in honour of a truly outstanding Nigerian, Jurist, Patriot, the late Justice Chukwunweike Idigbe, who sadly left us on 31st July, 1983, about 43 years ago.

“What then was it about this Nigerian whose legacy remains imperishable?” To answer the question, BRF said the late Idigbe was many things: one, from a family that continues to celebrate him, to colleges whose professional trust and respect he earned, to success as a professional who was fairly rewarded as a legal practitioner, as he was not poor.

“But, perhaps, the reason for Idigbe’s reverence and celebration in life and in death was his service and sense of duty to Nigeria and his fellow citizens”, the former Works Minister stated, declaring that was why he exercises the latitude to choose his topic, to title his speech: “Duty and Citizenship – The Social Contract”, because the late Jurist was a dutiful citizen and a worthy Nigerian patriot.

He said when he was invited to intervene at the Memorial Lecture, he was also asked to review the judgement of the late Idigbe in the case of Bucknor-Maclean v Inlaks (1980) 8 11 SC 1, a case he enthused, demonstrated Justice Idigbe’s humanity, sense of justice and fairness to his fellow citizens.

He pointed out that on the surface of it, it looked like just another case about the interpretation of Section 14 of  the Registration of Titles Act, and the matter seemed foreclosed because the Supreme Court had decided cases like Shell BP Petroleum Company v Mammal Engineering Nigeria Ltd 1974 1 ANLR 542 and Owunmi v Patterson Zochonis & Co Nigeria Ltd 1 ANLR 107. These cases had decided that any transfer of title under the Registration of Titles Act shall use the Form prescribed under the Act to be valid, but people came to challenge the validity of the interest created in land under the Act. Those who came to challenge the validity of the Act, were successors of the person who created the interest. In other words, they sought to nullify an interest they had created, by relying on the non-compliance that they had been part of by collecting money which smelt of fraud at the worst and inequity at its fairest.

However, BRF said Justice Idigbe would have none of it, and proceeded to persuade a full panel of the Supreme Court to reverse their previous decisions which were binding precedents and constraints to doing justice in the case under consideration. Needless to say, “all his brother Justices unanimously agreed with him. Idigbe, JSC enforced the law by using, and this is one of our duties as citizens”. 

He pointed out that just as contract, as implied, confers certain expectations and benefits on citizens, it also required in exchange, for citizens to render certain services to the State as enshrined in Chapter 2 Section 24 of the 1999 Constitution as amended. 

On power, prestige and the good name of Nigeria, he observed that as citizens, we often de-market the country through cynical remarks which tend to undervalue it, by the negative conduct of some citizens.

The Vice-chancellor who was represented by the Deputy Vice Chancellor (DVC), Ekhewan Campus, Prof Buniyamin Ayinde, said there was no doubt that the late Justice Idigbe contributed immensely to society and the law profession.

He said, “I appreciate the contributions of Justice Idigbe to the law profession, which we are celebrating today. In fact, he deserves to be celebrated, because he was a man of honour who stands tall, irrespective that he is no more with us today”.