BY GREGORY AUSTIN NWAKUNOR
IT is evening. There’s a red sun in the sky signifying approaching dusk. Chaffing wind blows to keep the temperature low. A cab parks in front of Charly Boy’s Punk Palace in Gwarimpa, Abuja. The engine hums softly. It’s still new, so, the exhaust breathes almost invisible haze of smoke. A man walking along the edge of the road crosses where the driver is, and asks where he is headed. The man walks away disappointedly.
There is a gentle tap on the ornate gate, and the small door opens. A security man comes out, and throws some question at the intruder before finally throwing the main door open.
Inside, there is large gathering of friends, kinsmen and media personalities. The whole place rocks with greetings: hugging and warm embraces.
‘Ajie’ Chukwudifu Akunne Sylvester Oputa walks into the living room accompanied by some family members including the Royal Punkness and self-acclaimed Area Fada, Charles Oputa. The elder Oputa sits on a three-sitter leather couch, his walking stick gently placed on the table in his front.
Peggy Noonan, in When Character was King, says, “presidents tend to come from something. When you look at books that carry their stories, you see that they’ve usually been born to people who have things, to mill owners or ministers or millionaires. They enter the world as heirs to some kind of stability or standing, which gives them advantages both obvious and not.”
Even at 86, he is still active. Apart from his physique that has shown signs of ageing, his memory is still as sharp as when he was younger.
This is exactly true of Oputa. He absorbed the habit of achievement from home, though, without a father or mother.
ON October 2, 2010, the Justice Oputa Foundation (JOF) was launched. Tagged Celebration of integrity, the event brought together members of the judiciary, civil society, media, public and private sector.
How does he feel at 86 and with a Foundation for humanity just established?
He smiles, relishing a deep excitement and says, “I feel fine, happy, and contented. I’m fulfilled.”
Justice Oputa adds, “looking back professionally and church wise, taking all together, I feel a bit happy.”
The Foundation is an initiative committed to raising the bar on jurisprudence and good governance through its campaigns against poverty and, for social, democratic, human and environmental justice up to shoring up the dignity of African people, making use of the instrumentality of assured food security system.
According to Justice Oputa, the Foundation is aimed at youths. “It operates from the deep understanding that it is virtually impossible to address the malaise bestriding the continent without sound, people-oriented governance constructed on sustainable developmental modem. This modem demands essentially that the legitimacy of state should squarely rest on its capabilities to deliver core values in the provision of basic needs to the citizenry.”
He adds, “JOF aspires to eliminate poverty and injustice, as part of a global movement for change working together with like-minded organisations, partners and allies around the world to bring about lasting change.”
JUSTICE Oputa is among the very few people, who have used their knowledge selflessly to fight for the downtrodden and uplift humanity. His indelible mark in pursuit of justice will forever remain in the annal of Nigerian history of justice, equity, and ultimate respect for rule of law.
This, perhaps, informed the decision of Pan Ndi-Igbo Foundation USA, Inc. to bestow on him, in 2006, Lifetime Achievement Award.
In a statement, PNF USA underscored the qualities of the man, who has worked tirelessly for the common man.
“This award is given to someone who has exemplified him/herself in various works of life with ardent commitment to serving humanity. An individual who advocates for human rights, compassion, honest leadership, etc., Justice Oputa, a renowned jurist, a legal scholar and a man of the people, excelled the criteria set for the coveted award.”
A few months ago, you would have found the knighted justice, who is the ‘Ajie’ (the oldest man) in his village, doing a lot of exercises; but he has stopped active engagement and does only stretching up in bed.
He says, “when I was younger, I used to run two or three miles and this has helped me greatly.”
Oputa says, “growing old is a bad habit that active people never want to cultivate. Well, I stay long hours in my study, but it doesn’t affect me.”
He adds, “I’m still reading and writing at my age.”
What kind of book does he read now in his old age?
“Books?” he asks. “Philosophy is a natural option for me to read, history follows, law is alright because that’s been my livelihood.”
Nigeria, at 50, has it been a success story?
The erudite justice looks up, and says: “Well, we have tried as a nation. Progress may be slow, but ‘slow and steady’ wins the race.”
He adds, “each generation has its challenge; life is not a bed of roses; it is an uphill struggle and how you encounter and tackle it that matters.”
How will you compare the kind of education you received to what children are receiving these days?
There’s a sudden change in the old man’s countenance. He fumes: “What we are doing now is a travesty, unfortunately, everything has been devalued and depreciated.”
He says, “in the past, there was serious competition; in my first year at CKC, everybody in the class scored between 80 and 96 per cent. Competition was keen.”
Justice Oputa, however, believes that all the blames should not be put on government. “You don’t wait for government to do everything for you. We owe ourselves the duty to develop our intellect. Government will only provide the facilities: Libraries, books, building, and transportation, everything that is required for you to have a conducive environment to read. The rest is yours to develop.”
On non performing leaders, Justice Oputa says, the greatest judge is the populace. “This is the time to shun leaders who are not performing. We need leaders, who are looking forward to satisfying the yearnings of the people.”
WHAT is his take on immunity clause in the constitution, when rules are turned upside down?
He asserts forcefully: “Let lawyers wake up and check immunity clause and see how it has been implemented in other places. L. Warren in America; Lord Denning in England; they were all vocal in saying that if the law does not keep pace with social change, it has lost its salt. Law has to keep pace, and if legislation is wanting, lawyer should initiate the process of change.”
The erudite justice says, “if the law is to serve a forward-moving society, it has to be forward-moving too; and not only forward-moving, but forward-looking as well.”
He adds, “if the Rule of Law imposes on such individuals a duty to obey, and they don’t, democracy is gone. It becomes a dictatorship.”
Oputa reasons, “no country can exist with anybody being above the law.” He adds, “what does Rule of Law mean?... Behave lawfully, obey rules and regulations. In order to be free, obey the laws of the land. Nobody should be above the law.”
Justice Oputa is his own best critic. He doesn’t go to deliver any judgment without first taking critical look at the issue involved.
“Don’t deliver judgment in a hurry. Write it three or four weeks before, then read again and again.”
He says no case is as important as that of Fundamental Human Rights. “It is crucial to a happy society; a nation where no man is oppressed; a society where law has found its objective.”
The old man recites a line in the 1960 national anthem: “With peace and plenty, Nigeria may be blessed.”
However, on the issue of backlog of cases in court, he says, justice delayed, is justice denied. A man who is not worthy to be a clerk of court is made a judge; what do you get? In those days, you don’t ‘campaign’ to become a judge. It comes as a surprise. The danger is, if you’re too ambitious, you may not be as hardworking as an industrious lawyer, who didn’t want to be a judge.”
BORN on September 22, 1924 to Chief Oputa Uzukwu and Mrs. Nwametu Oputa, Chukwudifu knew little of his parents. He was only three months old when his father died, and his mother died when he was barely six months old. His upbringing was thrust on his grandmother, Ogonim Enesha, a notable trader with the Royal Niger Company.
She made provision for him, most especially his education. “My grandmother was there for me. She took a very good decision by sending me to school,” he says.
She sent him to a catechist who instilled a sense of discipline in him and provided the necessary Christian upbringing.
Sylvester, as he was called then, attended the Sacred Heart School, Oguta from 1930 to 1936, and (C.K.C) Christ the King’s College, Onitsha 1937 to 1940.
After secondary education, he got admission to the Higher College, Lagos. However, as a result of the emerging World War II, he was moved to the famous Achimota College, Gold Coast (now Ghana), where he obtained the B.Sc degree in Economics in 1945.
It was also at this period that he studied at home to obtain B.A (Hons.) in History from the University of London.
On his return to Nigeria from the Gold Coast, he took up a post as a teacher. His first school was the African College, which also had on its staff prominent Nigerians such as Chike Obi, the famous mathematician, and Dr. Pius Okigbo.
Later on, he transferred to the Kalabari National College (KNC), Buguma, where he was made the principal. One of his pupils was Professor Tamunotoye David West, former petroleum minister.
His search for knowledge led him to study law in England, and by June 1953, he received his LL.B (Hons.) degree. He was called to the English Bar-Grays Inn, London, on November 26, 1953.
He returned to Nigeria in 1954, and enjoyed a highly successful private legal practice for the next 12 years.
As a legal practitioner, he appeared in virtually all the magistrate and high courts of the then Eastern Region of Nigeria, as well as the court in the Region of the Cameroun.
He also made regular appearances before the West African Court of Appeal, the Federal Supreme Court and the Supreme Court of Nigeria.
He was the leading counsel in the Harcourt Commission of inquiry into the Oguta Chieftaincy dispute (1958/59).
Among his other representations are: Leading Counsel in the Ukelonu Inquiry into the Nembe Amayangbo Dispute (1959/60); Leading Counsel in the Harding Commission of Inquiry into the Onitsha Obiship dispute (1960/61); Chairman of the Commission of Inquiry into revenue collection in East Central State (1975). This Commission first recommended the use of the tax clearance certificate as an instrument of revenue generation for the state. This became a worthy example, which was soon taken over and adopted by Federal Government.
THE year 1966 marked the beginning of his career on the Bench with his appointment as a judge of the High Court of Eastern Nigeria.
How did he find himself on the Bench?
“It came as a surprise. When I stood up to present my case one morning, the judge asked me on which side do I belong: Bench or bar? It didn’t occur to me that I had been appointed a judge until the judge said it was announced on radio in the morning. From then, my career on bar ended. Though it condemned me to penury, I accepted this as a service to the nation. It is part of sacrifice needed for the development of our jurisprudence.”
During the next 10 years, he discharged his duties creditably, serving on several divisions of the High Courts of the region and later, East Central State.
Another major landmark in the career of this eminent jurist occurred in 1976, when he was appointed the first Chief Judge of Imo State. He held this position for about eight years until July 2, 1984; and during the period, he helped to set up a solid judicial structure for the fledgling state.
His exit from the state judiciary was due to his elevation to the position of Justice of the Supreme Court of Nigeria.
Life on the Bench and the Human Rights Violations Investigation Commission — The Oputa Panel and the National Political Reforms Conference?
“It is there for posterity and the people to assess,” sighs the old Jurist.
He has received numerous awards and honours from Christian organisations, including the highly revered Knight Commander of St. Gregory the Great; Knight Commander of St Sylvester: and Knight of St Mulumba.
Chief Gani Fawehinmi: His Time and Age. A critical assessment of his contributions to Nigerian law and Jurisprudence; Law as an Instrument of Nation Building; To restore the dignity of Man. The role of the university; Shananhan, the Apostle of Light, The irony of Christian Witnesses; The role of the Christian Elite in the religious and civil life of the country and many other papers have been presented by the highly respected jurist.
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