Law & Human Rights

September 19, 2013

A beautiful soul is gone! An Epitaph for Justice R.O. Nwodo, Justice of the Court of Appeal

By Joy Ezeilo

Death, a necessary end, will come when it will come” – William Shakespeare

Dying is a sad reality that has not changed although we humans still struggle to accept the fact that all of us will die- the good, the beautiful and the cerebral. My initial reaction to the news of her death was one of disbelief, I responded to the harbinger of the news impossible and I rejected out rightly that her sojourn on earth has ended. Oh death why should you take our finest? Our Pride, Our nicest, the beautiful and the peaceful? Oh death why? Where is thy sting?

How do I begin to pay tribute to this quintessential jurist- Justice Regina Obiageli Nwodo, JCA, a colossal that walked our judicial landscape and bowed out still with her shoulder held high because she represented all we crave for Judges to be—competent, independent and even handed . I’m indeed lost for words that will spotlight who she was and what she represented from a lawyer’s perspective. Her sense of justice, fairness, fair play and personality leads to inescapable conclusion that she was borne to be a Judge.

She was incorruptible, morally above board and stood out as first amongst equals. She was a champion of human rights and advocate of the rights of downtrodden irrespective of gender. I recall with relish her decision in the case of Festus Odafe and 3 Ors. v. Attorney General of the Federation and 3 Ors. (Unreported, Federal High Court, Port Harcourt Suit No. /FHC/PH/CS/680/2003; Judgement in the case was delivered on 23 February 2004) where her lordship was called upon to interpret Article 16 (1) and (2) of the African Charter on Human and Peoples’ Rights (which Nigeria is a State party to) in cases involving prison inmates that were HIV infected and unable to access treatment.

She found without hesitation the right to medical treatment for prisoners infected with HIV and AIDs and concluded that their continuous detention without medical treatment amounts to torture. This type of decision is nothing short of judicial activism not commonplace in our judicial experience. By that decision her lordship recognised the right of everyone to have access to health care services and State’s obligations thereunder to take reasonable legislative and other measures to ensure progressive realization of that right.

Briefest encounter

Justice R.O. Nwodo wasn’t one of those timorous souls who attempted as judges to escape accountability for what they decide because they can always plead helplessness, hands were tied, that even if the law they declare is unjust, they have no choice but to give effect to it.

Her lordship was so beautiful both physically and mentally that the briefest of encounter with her was unforgettable.  Lawyers, both young and old that have appeared before her held her in very high esteem because of her professionalism, sense of justice and incorruptibleness. I was privileged to travel with her this April as she was returning from a trip to UK for medical check –up.

We talked and I recall her beautiful spirit, candour and frankness even as we discuss thorny issues concerning the judiciary. She completely identified with the current CJN’s war against indiscipline and corruption in the judiciary for many reasons we shared that day at Heathrow and on board the BA aircraft where we sat together. I had tremendous respect for her and she genuinely inspired and encouraged me with how she identified with my achievements and the work of Women’s Aid Collective, a not for profit human rights organization that she served as one of the founding directors.

I pray that God will give her family, especially husband and children the fortitude to bear this huge irreparable loss. They should be consoled by this passage in the bible- “—and He shall wipe away every tear from their eyes; and there shall no longer be any death; there shall no longer be any mourning, or crying, or pain; the first things have passed away” Revelation 21:4.

May her gentle, fair and peaceful soul find eternal rest in the bossom of our Lord Jesus Christ. Amen.

•Dr. Joy Ezeilo, is United Nations Special Rapporteur on Trafficking in Persons, especially women and children.