Law & Human Rights

September 3, 2014

THE SAN’S PULPIT : Chief Chike Ofodile, SAN: The most handsome is gone (2)

By Awa Kalu

Another ‘Biafran’ case with which the deceased was associated was Nwajekwu Emefisi & 3 others v. Michael Mbanugwu & 5 others, (1970-71) vol. 1 ECSLR, 69. More recent is the decision of the Enugu Division of the Court of Appeal in Igwe N.A. Achebe v. Chief A.C. Mbanefo & Anor (2007) 10 NWLR (pt. 1043) 490. In that case, the Court of Appeal warned that ‘where a Judge of the High Court is aware of an application in a higher court like the Court of Appeal in a case before him, but deliberately chooses to ignore it, it is an attitude which borders on judicial impertinence and is an affront to the authority of the Court of Appeal’.

In Bob- Manuel v. Briggs (2003) 5 N.W.L.R (pt.813) 323, one of the numerous cases argued before the Supreme Court by the deceased, that court emphasized that when a junior counsel argues an appeal in the absence of his learned senior, an appellate court would not interfere with the judgment of the court below unless it has been demonstrated that the absence of the senior counsel led to a miscarriage of justice. In its decision in Okori Nwaezema & Others v. Obita Nwaiyeke & Others (1990) 3 NWLR (pt.137) 230 the Supreme Court emphasized that where a trial court fails to make specific findings on crucial issues raised on the pleadings and those findings depend on the credibility of witnesses, the proper order after allowing the appeal against the judgment of the trial court is one of re-trial.

It will do injustice to the career of the late Chief Chike Ofodile’s extensive and exemplary sojourn at the Bar to examine his contributions in a single instalment. Consequently, the reader will be afforded a ring-side seat in the next instalment for further illumination on the life and times of Onowu Iyasele Chike Ofodile, SAN, OFR.

The Onowu was, without any shred of doubt, one of the Best Lawyers of his generation. According to one source “The Chambers of Chike Ofodile was renowned not only for expertise, but also for the nurture of legal practitioners. Its products include at least two Senior Advocates of Nigeria, three High Court Judges and numerous other notable legal practitioners. Onowu was a stickler for professionalism. He immersed himself in – and ceaselessly enjoined – painstaking preparation, correct and spruce apparel, and utmost civility in court. Onowu had a reputat6ion for exceptional consideration and courtesy towards other counsel, particularly young ones. His unassuming disposition was legendary. In the days when SAN’s were few and far between, he unhesitatingly allowed junior counsel to share his front bench in courts. Onowu was a lawyer of the old school, utterly devoted to his profession, never dabbling in ‘business’ or politics.

He was renowned alike for integrity. Cheating and other acts of dishonesty were abhorrent to him. He was a lawyer who took the phrase ‘honourable profession’ with steely seriousness”.

Onowu was not a ‘one chance’ Lawyer. He was carefully trained in the traditions of the British legal system and was thereafter, as earlier narrated, carefully groomed by the legal juggernaut, Chuba Ikpeazu QC – later Chuba Ikpeazu J., of blessed memory. It was that careful training and subsequent grooming coupled with his indefatigable nature and indomitable spirit that brought him to the attention of the puritanic zeal of the Buhari/Idiagbon duovirate. Consequently, the military administration of General Muhammadu Buhari appointed him the Attorney-General of the Federation and Minister of Justice in which office he held sway between 1984-1985 and was thus a member of the Junta’s highest decision making body, the Supreme Military Council.

Perhaps, the reason for late Onowu’s appointment to the very high office of Attorney-General can be deciphered from the first broadcast made by General Buhari to emphasize the reasons of the military take over of government. In part, he said that “While corruption and indiscipline have been associated with our state of under-development, these two evils in our body politic have attained unprecedented height in the past few years. The corrupt, inept and insensitive leadership in the last four years has been the source of immorality and impropriety in our society. Since what happens in any society is largely a reflection of the leadership of that society, we deplore corruption in all its facets. This government will not tolerate kick-backs, inflation of contracts and over-invoicing of import etc. nor will it condone forgery, fraud, embezzlement, misuse and abuse of office and illegal dealings in foreign exchange and smuggling”  [see p.523 of Nigeria: A century of Constitutional Evolution 1914-2014 ed. Prof. Epiphany Azinge, SAN]. Late Onowu Ofodile, , both in character and learning was no doubt qualifie4d to join the government of the day to fight corruption and general indiscipline with law as the principal instrument.

Principal instrument

In his Autobiography, IN HIS TIME Re collections of CHIKE OFODILE, the deceased Onowu, in his own words, recounted the appointment as follows: “I was passed on to General Tunde Idiagbon, who then ushered me into the presence of a very tall, lean, clean-shaven and immaculately dressed officer.

He was General Muhammadu Buhari.  That was my first encounter with him: I felt he must be of Fulani descent.  He exuded no arrogance, and offered me a seat on the sofa where he sat. He asked if we had met before, and I answered in the negative. He informed me that those at the head of government were soldiers and needed people to advise them.  He proceeded to state he was offering me the post of Attorney-General and Minister of Justice, had been told I was unlikely to accept the post because I was strongly attached to my Chambers, but would like me to accept.