THERE are a few jurists among the old breed of Nigerian judges, who by dint of hardwork, rose from the lowest rung of the Bench to the apex court.Justice Emmanuel Obioma Ogwuegbu, a retired justice of the Nigerian Supreme Court, belongs to that category.Having started as a magistrate, he rose steadily through the ranks - the High Courts and then to the Supreme Court and left in gigantic footprints that would surely remain indelible in the sands of time. His invaluable contributions to the apex court and, in fact, Nigerian jurisprudence in general, are outstanding.Described by many including his colleagues at the Bench as humble, simple, unassuming, resilient and deeply religious, he was one of the notable dispensers of justice in the Nigerian Bench. When he is not delivering the lead judgment, he is concurring or dissenting. Apart from that, he is one of those who worked tirelessly behind the scene to enthrone justice in the highest court of the land. He bowed out of the Supreme Court gracefully on Friday, March 16, 2003, when he attained the statutory age of 70.Though the name Ogwuegbu may not ring a bell to the layman or become popular such as those of the chief justices and other eminent jurists who have served the country in different capacities, the law books are replete with his legal pronouncements, which have contributed in no small measure to the development of law in Nigeria.In his lead judgment delivered on May 29, 1998, in a celebrated criminal case between Sunday Effiong (appellant) and the State (respondent), Justice Ogwuegbu showed the stuff he is made up of.The appellant (Effiong) was on September 27, 1983, convicted at the High Court of Borno State Holden at Bama and sentenced to death by hanging under Section 221(b) of the Penal Code for causing the death of Police Constable Isaac Onoh on or about June 23, 1982, at Tandari Ward, Bama, by stabbing the said Isaac Onoh on the stomach with knowledge that death would be the probable consequence of his act.He (Effiong) appealed against his conviction and sentenced to the Court of Appeal and that court on December 4, 1995, dismissed his appeal and affirmed the conviction and the sentence of death imposed on him by the learned trial judge. He was not satisfied with the decision of the court below and appealed to Supreme Court. Nine grounds of appeal were filed on behalf of the appellant and from the grounds of appeal; only one main issue was identified in paragraph two of the appellant's brief of argument filed on January 19, 1997, as arising for determination in the appeal.It reads: 'The appellant respectively submits that there is only one major issue for determination by this honourable court. The major issue is whether the lower court was right when it held that the guilt of the appellant had been proved beyond reasonable doubt. This issue is related to all the grounds of appeal filed and it encompasses all other minor issues which call for determination'.In his judgment, Ogwuegbu said: 'I entertain no doubt in my mind that the prosecution proved the charge against the appellant beyond reasonable doubt and he was rightly convicted. See Onafowokan v. The State, supra. In the result, I find no merits in the appeal and it is dismissed. The conviction and sentence imposed on the appellant are hereby affirmed'.Agreeing with seven-man panel of justices on Friday, April 5, 2002, in a case between Attorney General of the Federation and the Attorney General of Abia State and 35 others over the derivation palaver, Justice Onwuegbu concurred with the decision of the lead judgment that the Federal Government should calculate the derivation based on the low water mark. It was a dispute between the Federal Government, on the one hand, and the eight littoral states of Akwa Ibom, Bayelsa, Cross River, Delta, Lagos, Ogun, Ondo and Rivers on the other hand as to the southern (or seaward) boundary of each of these states.The Federal Government had contended that the southern (or seaward) boundary of each of these states is the low-water mark of the land surface of such state or, the seaward limit of inland waters within the State, as the case so requires. The Federal Government, therefore, maintains that natural resources located within the Continental Shelf of Nigeria are not derivable from any state of the federation.The eight littoral states did not agree with the Federal Government's contentions. Each of the states claimed that its territory extends beyond the low-water mark onto the territorial water and even onto the continental shelf and the exclusive economic zone. They (the states) maintained that natural resources derived from both onshore and offshore are derivable from their respective territory and in respect thereof each is entitled to the 'not less than 13 per cent' allocation as provided in the proviso to subsection (2) of section 162 of the Constitution. The Supreme Court unanimously held that, 'the plaintiffs (Federal Government) case succeeds and I hereby determine and declare that the seaward boundary of a littoralstate within the Federal Republic of Nigeria for the purpose of calculating the amount of revenue accruing to the Federation Account directly from any natural resources derived from that state pursuant to Section 162(2) of the Constitution of the Federal Republic of Nigeria 1999, is the low water mark of the land surface thereofor (if the case so requires as in the Cross River State with an archipelago of islands) the seaward limits of inland waters within the state'.On the controversy over the decision of the National Assembly to enact laws to regulate the tenure of local councils, Justice Ogwuegbu was also in the panel that gave the landmark judgment. In that case, the Supreme Court declared that no law enacted by the National Assembly could validly increase or otherwise alter the tenure of office of elected officers or as chairmen and councilors of local councils in Nigeria except in relation to the Federal Capital Territory (FCT) alone. It also held that the National Assembly has no power except in relation to the FCT alone to make any law with respect to the following matters or any of them, to wit: ' The division of local council areas into wards for purposes of election into local councils in Nigeria; ' The qualification or disqualifications of persons as a candidate for election as chairman, vice chairman or councilor of a local council in Nigeria; ' The date of election into a local council, and ' The prescribing of the event upon the happening of which a local council stands dissolved or the chairman or vice chairman of a local council vacates his office or a councilor or member thereof vacates his seat in the local council. The Supreme Court also said that the National Assembly has no power to make any law with respect to the qualification or disqualification of candidates for elections to be held pursuant to the provisions of the Constitution of the Federal Republic of Nigeria 1999 without complying with the requirements of Section 9 of the Constitution of the Federal Republic of Nigeria, 1999. 'Save and except for the laws for the federation with respect to: (a) the registration of voters, and (b). The procedure regulating elections to a local council, it is the House of Assembly of a state and not the National Assembly, which has the power to make laws with respect to matters relating to or connected with elections to the office of chairman or vice chairman of a local council in that state or to the office of councilors therein', the apex court declared.Justice Ogwuegbu has a royal blood in him. His father was a monarch. He was born on March 16, 1933, to His Royal Highness, late Eze Samuel Ogwuegbu Ndiegbe, Inyi 1 of Amainyi, Ihitte/Uboma Local Council Area of Imo State and late Madam Margaret Ndionyenma Ogwuegbu.He began his primary education at St. Theresa's School, Amainyi, Ihitte/Uboma Local Council Area between 1940 and 1947. While he spent six years at St. Theresa's Amainyi, he concluded his primary school at St. Theresa's Ikenanzizi Obowo, Obowo Local Council Area in 1947. He later proceeded to St. Patrick's College, Calabar, in 1948 and left in 1952 with a Senior Cambridge School Certificate. He thereafter obtained London G.C.E. Advanced Level Certificate. After graduating from the college, he traveled to England for his tertiary education. Ogwuegbu enrolled into the University of Liverpool, England in 1957 and left in 1960 with an LL.B degree in law. He also attended the University of London, for B.L Middle Temple between 1960 and 1962 and also bagged a LL.M Masters in Law degree.He was called to the Bar of the Honourable Society of the Middle Temple in November 1961 and enrolled in the Supreme Court of Nigeria in October 1962 as barrister and solicitor.Prior to his travel to England for further studies, Justice Onwuegbu worked as a clerk in the then Okigwe Native Authority from 1953 to 1956. When he returned to Nigeria after graduation in 1962, he went into private legal practice, which began from 1962 and lasted until 1965 when he was appointed Magistrate Grade 1. He was later promoted senior magistrate in 1969. Thereafter, he was seconded to the Ministry of Justice, East-Central State of Nigeria as Secretary to the Law Revision, Law Reform and Law Reporting Division of the Ministry of Justice. In that capacity, he edited Vol. X of the Eastern Law Reports and Vol. 1 of the East Central State Law Report in 1970.In 1971, he resigned and resumed private legal practice. After years later, the Imo State government could no longer bear the absence of Justice Ogwuegbu at the Bench and promptly appointed him judge of the High Court of Imo State in 1976. He was assigned to Owerri and Aba Judicial Divisions between 1976 and 1987 as administrative judge in both divisions. In 1987, he was elevated to the Court of Appeal of Nigeria. After spending only five years at the Appeal Court, his industry as a judge caught the attention of the authorities and he was subsequently elevated as a justice of the Supreme Court of Nigeria in February 1992. Just like Justice Emmanuel Agboola, he too was appointed justice of the Supreme Court of The Gambia in December 1999.Appointed Coroner for Umuahia Judicial Division, East-Central State of Nigeria ' 1973 to1976, he headed the Nigerian Bar Association (NBA) as vice chairman, Umuahia branch, between 1975 and 1976. He was at one time a member of various organisations and chairman of relevant committees such as the committee for law reporting, Imo State, 1976 to 1977 and member, High Court Rules Committee, Imo State, 1984 to 1987.Chairman, St Theresa's Catholic Church Building Committee, Amainyi, Ihitte, 1976 to 1990, he was appointed special member of the Diocesan Pastoral Council by the Rt. Rev. A.G. Nwedo, then Bishop of Umuahia Diocese from 1985 to1990.Apart from also serving as a member, Customary Court Rules Committee (Imo State), 1985 to 1987, he equally served as a member, Committee for the Publication of Reserved Judgment of the Court of Appeal, 1988 to 1992, as well as a member, Library Committee of the Supreme Court. His hobbies include farming, gardening, walking, swimming, reading and listening to instrumental and classical music.Married to Chief (Mrs.) C.C. Ogwuegbu (nee Adindu) of blessed memory in 1965, they are blessed with three sons (A medical doctor and two lawyers).
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