TRIBUTE IN HONOUR OF LATE HON. JUSTICE NIKI TOBI JSC (RTD), CON
How do I effectively pay tribute to a legend like Hon. Justice Niki Tobi? How much of Late Justice Niki Tobi did I know that qualifies me to write a tribute in his honour? Frankly speaking, I know little of Justice Niki Tobi as I had zero persona relationship with him in his lifetime. However, I knew so much of him through his books, judgments and ultimately my one and only appearance before him. Notwithstanding the aforestated, what clearly makes this Tribute very necessary and special to me is the circumstance of my appearance before my Lord Justice Niki Tobi. You will get the gist of this circumstance in the later paragraphs of this tribute.
Nigeria is a rich country no doubt; a country that is blessed with arrays of intelligentsia in all spheres of life including globally renowned jurists like Late Justice Niki Tobi is certainly an endowed country. Very few countries of the world can boast of the human resource that is abound in Nigeria. One of such great men who made Nigeria rich and great was Late Justice Niki Tobi JSC (Rtd), CON. Justice Niki Tobi who was born on the 14th of July, 1940 in Esanma, Bomadi Local Government Area in the present day Delta State bestrode the legal profession in a colossal manner. He practiced in three of the most focal areas or if you like arms of the legal profession, the Ministry of Justice, Academic and the Bench. Justice Niki Tobi was already a Professor of Law as at the time he was appointed to the Bench as a High Court Judge in 1985. He was the Dean, Faculty of Law and later the Deputy Vice Chancellor Academics of the University of Maiduguri. He was the Chairman of the Constitution Review Committee during the General Abdusalami Abubakar transition regime in 1998. He also Chaired the Commission of Inquiry into Plateau State Riots of September 2001. I will not go into detail resume of Justice Niki Tobi as I am certain that will be effectively explored by others. I will therefore focus more on what necessitated the writing of this tribute.
I had the privilege of appearing before Justice Niki Tobi at the Supreme Court only once. This was on Monday, 11th of February, 2008. I appeared with one of my favourite big brothers in the legal profession, Late James Ocholi SAN, who died in a ghastly motor accident along with his wife and son on the 6th of March, 2016 (may their souls rest in peace). I was in the same early morning flight from Lagos to Abuja on the 7th of February, 2008 with the deceased learned silk, who took silk just about 3 months prior to my meeting him, and I seized the opportunity of our chanced meeting to congratulate him on his new rank. I was going for a matter at the Federal High Court in Abuja, so I was dressed in my courtroom paraphernalia apart from my wig and gown, so he asked about the nature of the matter I was going for and he gave me some ideas that later became very helpful in the matter. He also asked me about my Supreme Court appearances and I told him I had no matter at the Supreme Court then. He later got to know that the day (7th February) was actually my birthday and he congratulated me and wished me happy birthday. We exchanged numbers and I promised him I’ll call after my matter to let him know how it went. The matter indeed went very well as our application for the discharge of the court’s earlier granted exparte order against my clients was granted. Beaming with joy and fulfilment, I wasted no time to call Late James Ocholi. In the course of our conversation, he asked if I could afford to stay back in Abuja till Monday (11th February), before I could respond he added that I could return to Lagos as planned on Friday and he would buy me a return flight ticket to be in Abuja on Sunday evening, he offered me what he termed ‘birthday gift’ by asking if I would like to appear with him at the Supreme Court on Monday. It was such a rare, surprising and most endearing offer, I jumped at it without thinking twice. But for the fact that I didn’t have clothing’s to change till Sunday, I would have chosen the former, so, the latter offer became more practicable.
That was the background story of how I appeared before my most admired Lord Justice Niki Tobi JSC on the 11th of February 2008. He led the panel and his conduct of the proceedings was bespoke. I recalled upon announcement of my name by James Ocholi SAN, he retorted, “learned silk, does your fine junior’s first name has ‘h’ in it”? I quickly told Mr. Ocholi that there’s no ‘h’ in my Adesina. The experience of my appearance before Justice Niki Tobi was most indelible. I was fascinated by his conduct of the proceedings. While he exhibited discipline and businesslike in deserving cases, he was always patient with counsel while making their submissions. He exhibited most often a rare eagerness to learn from lawyers just as he was often ready to exhibit his intellectual depth and logical expositions. And impact the advocates appearing before him. My Lord’s penchant for logical erudition earned him the comparison of his style to that of the great Lord Denning M.R. My dear friend Folabi Kuti (A Senior Advocate of Nigeria designate) in his article title Late Justice Niki Tobi through the cases, published by the Guardian Newspaper on the 28th of June, 2016 wrote thus:
”Denning was renowned for opening his judgments with an arresting lyrical prelude that seemed ‘aimed’ at catching the fancy of many a reader (lawyers and ‘unlearned’ alike) from the very first faint of ink, and hold him, at the edge of his seat, spell-bound to the very end – till the very resolution of all issues arising in the judgment…. Justice Niki Tobi also penned his judgments, introducing the ‘discourse’ in an engaging manner not commonly seen around these parts, and somewhat reminiscent of Denning’s lyrical opening in Miller v Jackson [1977], QB 966. The judgments (of Justice Tobi) always went in logical sequence from the opening to conclusion, so that the mind of the reader could follow the progress of the arguments with ease.”
It will be inappropriate for me to conclude this tribute without reproducing at least two of several of my Lord’s pronouncements which will forever remain evergreen. Firstly, in Buhari & Ors v. Obasanjo & Ors (2003) LPELR – 24859 (SC). My Lord stated profoundly as follows:
“I have always said it that litigation is not a game of chess where the players try tricks at each other to maneuver to get victory. Litigation is rather a judicial process where all the cards must be placed on the table of the judicial process so that parties know in advance the case each has over the other. While the submission of counsel will be kept in his breast, the way the case will be handled, which include pleadings, documents and all other relevant papers should be within the reach of the adverse party, who should be free to call for them at the shortest notice.” – Niki Tobi, JSC,
Secondly, in Orugbo v. Una (2002) LPELR – 2778 (SC). My Lord also stated most profoundly thus:
“It has become a fashion for litigants to resort to their right to fair hearing on appeal as if it is a magic wand to cure all their inadequacies at the trial court. But it is not so and it cannot be so. The fair hearing constitutional provision is designed for both parties in the litigation and the court as the umpire, so to say, has a legal duty to apply it in the litigation, in the interest of fair play and justice. The courts must not give a burden to the provision which it cannot carry or shoulder. I see that in this appeal. Fair hearing is not a cut-and-dry principle which parties in the abstract always apply to their comfort and convenience. It is a principle which is based and must be based on the facts of the case before the court. Only the facts of the case can influence and determine the application or applicability of the principle. The principle of fair hearing is helpless or completely dead outside the facts of the case.” – Niki Tobi, JSC.
There is no doubt that Justice Niki Tobi who retired from the Supreme Court on July 14, 2010 and passed away on June 19, 2016, was a man of impeccable character whose life was most impactful to law students, legal practitioners, judicial officers, the legal profession and indeed mankind as a whole. May his soul rest eternally in peace.
Adesina Adegbite, FICMC.
Managing Partner – Adereti Adegbite & Co, and
