WHENEVER reference is made about judicial activism at the Court of Appeal, one particular name that would first come to mind is Justice Moronkeji Omotayo Onalaja. He was one of the few justices who made it a practice to consciously dig deep down into the spirits and letters of our laws, before making landmark pronouncements that have remained impeccable and unfaulted over the years. He can best be described as an apostle of the radical school of judicial activists in the Bench, especially at the appellate level.According to one of the best constitutional lawyers in the country, Prof. Ben Nwabueze (SAN), judicial activism involves the holistic interpretation of the underling words in the provisions of our statutes.He said: 'The interpretation of statutes should be guided not as much by what the lawmakers may or may not have intended as the purpose by which the provision in question is designed to serve. The words should be interpreted in the light of the underlining purpose and rationale of the provision'.It was exactly this line of thought that guided the judgments and rulings of Justice Onalaja, who bowed out of the Court of Appeal in 2003 at the mandatory retirement age of 70. As a result of his immeasurable contribution to law and justice in his pronouncements, the general consensus when he retired was lamentation that his judicial career could not extend to the Supreme Court of Nigeria.In response to these lamentations, apparently as a consolation, another erudite jurist, Justice Kayode Eso, noted that the hierarchy of the court from which a judge retires should not be material.According to him, what is important is that the judge or justice has contributed to law and justice and ultimately to humanity because a judge lives forever in his contributions to the law and justice in his pronouncements.Justice Eso cited the case of the legendary Lord Denning of the English Court who perhaps can arguably be described as the progenitor of this doctrine or its most vigorous promoter in the English Bench who opted to end his career at the Appeal Court.'That the revered Lord Denning's career ended in the English Court of Appeal was as desired and indeed requested by that great judge. The Court of Appeal's stance did not diminish from his stature nor has it made him second to any in the English legal or judicial history. So be it with our own Onalaja. And though he could not have desired, like Denning, ending his career in the Court of Appeal, the honourble justice Onalaja is, by any standard anywhere, a great judge. He has consistently been a pride to the Nigerian law and would feature forever in our judicial history even yet to come', Justice Eso submitted.As he was committed at the Bench, so was he at the Bar. It was not, however, very surprising to many that Justice Onalaja was able to distinguish himself at the Bench because he had shown in character even as a lawyer that he was marked for excellence. The same level of industry, dedication and focus with which he handled his career at the Bench, he had earlier used in the Bar. In private legal practice, he handled many landmark cases with remarkable gusto. A few of the cases he successfully defended include Prof. Soyanwo, who was charged with obstructing the movement of former Premier of Western Nigeria, Chief S. L. Akintola.The accused was discharged by reason that a moving vehicle could not constitute an obstruction. Justice Onalaja was also in the group of lawyers that successfully defended Prof. Wole Soyinka who later became a Nobel Laureate for robbery of a radio tape at the Nigerian Broadcasting Corporation (NBC) station now Federal Radio Corporation of Nigeria (FRCN), Ibadan.Onalaja also secured an acquittal on all counts facing Mr. J. D. Bejide, the first Permanent Secretary for Health in Kwara State, who was charged on 17-count of stealing, fraud, conspiracy and breach of trust. He also defended Alhaji Azeez Ajagbemokeferi, an Islamic religious leader, charged with assaulting a traditional masquerade in Ibadan (a religious conflict) who was discharged on appeal by the High Court of Ibadan by late Justice Ogunkeye.Onalaja, who recently clocked 78, is warming up to join the league of the Nigerian octogenarians in the next two years. Born in Ijebu-Ode, Ogun State, Nigeria on July 24, 1933, Justice Onalaja is the son of Daniel Tekumo Onalaja, who served in the Army during the World War 11 in Burma and Sierra Leone and Susannah Segilola Onalaja JP.For his secondary education, he attended the famous pioneer secondary school in West Africa, CMS Grammar School in Lagos from where he passed the London Matriculation in 1951, which enabled him to gain direct admission to the University of London without taking the newly introduced General Certificate of Education (GCE) Advanced Level.He then traveled to the United Kingdom (UK) in 1953 and was admitted to the London School of Economics and Political Science, University of London, where he obtained an LLB (honours) degree in 1956 and an LLM in 1958. At that time, the LLM programme was a 2-year course. He was called to the English Bar at Inner Temple on June 16, 1959. The following year, he became a legal practitioner of the Supreme Court of Nigeria and joined the chambers of E. B. Craig and Co. until he opened his own chambers in 1963. He was appointed Notary Public in 1966.Morenkeji Onalaja was an active member of the Nigerian Bar Association (NBA) from 1960 until September 8, 1980, when he was appointed a High Court judge in Lagos State by Alhaji Lateef Kayode Jakande, then governor the state. On the Bench, he continued to uphold the rule of law and to dispense justice without fear or favour. He was elevated to the Court of Appeal Bench in 1993 from where he bowed with honour and dignity on July 24, 2003. All available law reports and journals in Nigeria speak volumes of his erudite judgments and rulings with 99 per cent of them upheld by the Supreme Court.He was a member of Ogun State (now Olabisi Onabanjo) University Council, Ago-Iwoye from the inauguration of the Council in 1984 up till his retirement. He was founding editor, Nigerian Monthly Law Reports (NMLR) 1964 -1980; president, Rotary International, Ibadan, 1981-1981; former fellow, Royal Society of Arts of Great Britain; consulting editor, NMLR; consulting editor, University of Ibadan Law Journal. In addition, he was the consulting editor, Property Law Journal, Faculty of Law, University of Lagos; resource person, Advanced Course in Practice and Procedure, Nigerian Institute of Advanced Legal Studies (NIALS). In May 2004, a year after his retirement, he was appointed chairman, Council of Legal Education by the former President of Nigeria, Olusegun Obasanjo, in recognition of his sterling leadership qualities.Justice Onalaja spent seven years in the United Kingdom and has visited some other countries and cities. They include Rome, Boston, Bangkok, Tokyo, Sao Paulo, Los Angeles, Chicago, Las Vegas, Washington DC, Kansa City, Dallas, Atlanta, Toronto, among others. He attended the 1977 Commonwealth Law Conference in Edinburgh and the World Peace through Law Conference of 1977 and 1979 in Manila and Madrid. From 1979 to 1983, he attended Rotary International Conventions.A foundation member of Egbe Irepodun, St. Anne's Church, Ibadan and once its president, Justice Onalaja is also a member of St. James' Cathedral Youth Christian Circle, Fountain of Hope Society, Christ Church Porogun and served as Pastor's Warden of St. Anne's Church from 1962 to 1980. He acted as chancellor for the installation of Bishop Olufosoye as Bishop of Ibadan, Anglican Diocese in 1970. The bishop later became the first Archbishop Metropolitan of the Anglican Province of Nigeria. Justice Onalaja was elevated chancellor of Ibadan Diocese, Anglican Communion by the Lord bishop of Ibadan, first Archbishop of the new Ecclesiastical, Ibadan Province, Anglican Communion, Most Rev. J. O. Akinfenwa in 2001.He was the patron of the Morning Star Society and Egbe Mobolorunduro Boys' Brigade, and choir, all at St. Anne's Church, Ibadan. He is also patron, Equity Chambers, Faculty of Law, Obafemi Awolowo Univeristy, Ile-Ife. He is an honourary member of the International Biographical Centre Advisory Council, Cambridge, England and a member of the Chartered Institute of Arbitrators of the United Kingdom. He once sponsored the judicial reporting category of the Diamond Award for Media Excellence (DAME).In 1959, he married Margaret Folasade Ogunsanya in Hinde Street Methodist Church in London. The mother of his six children, Mrs. Onalaja was appointed a Justice of the Peace in 1982 and elected vice president of Ibadan Chamber of Commerce. Mrs. Onalaja became chairman of International Inner Wheel District 911 and represented Nigeria as a member of its International Board before she passed on peacefully on October 19, 2002.Justice Onalaja enjoys playing table tennis, swimming, walking, classical and church music and soccer. He also enjoys golf and is a member of Ibadan Golf Club.
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