Victor Nze
29 October 2009
The authors of this monumental seminal work titled: "The Great Judge" namely Philip U. Effiong and Charles C. Aniagolu deserve commendation for their brilliant distillation of documents, expansive analysis of the early life, secondary education, life at the bar, years on the bench, post retirement activities, landmark judgments, great speeches of Honourable Justice Aniagolu .
In the introductory chapter of the book, the authors sounded persuasive in the reasons for choosing the title: "The Great Judge". The major reason proffered is because of the remarkable role played by Aniagolu in Nigeria's political system, presiding over some of the most sensitive inquires in addition to his duties at court. But more significantly the author argued that the book is a research and information resource about the life of an extra ordinary moral, honest and brilliant legal luminary, one that transcends regional and national boundaries.
I have tried to draw a correlation between this book and the finely reasoned and elegantly written book tilted "The Judge" by eminent English Jurist Lord Patrick Devlin. While the reason for Patrick Devlin's title can "be traced to the content of his book which extensively examined the role of the English Judge as a lawmaker, sentence and as an umpire in the adversary system, the book under review is wholly centered on a profound historical and scholarly analysis of the accomplishments of honourable Justice Anthony Nnaemeiza Aniagolu.
The reader is entitled to ask the question, Why "The Great Judge" why not "A Great Judge.?" Is the title "The Great Judge" exclusionary of other acclaimed great judges in our clime?
Does it not open up a channel for a follow up biography on another judge with a possible title of "The Greatest Judge?" or could be because it is generally believed that Nigerian judges do not usually make profound and original legal philosophers and Honourable Justice Aniagolu is a preeminent exception?. The controversy the title undoubtedly will generate is clearly a good enough reason for anyone seeking justification for the authors to read this ferociously lucid book.
Reading through the book, the impression readily grasped is that Honourable Justice Aniagolu, in his greatness transcended the boundaries of law and any attempt to pigeon-hole him squarely to law and judicialism is to diminish the stature of the man. But the authors will rather prefer to use the high points of his judicial accomplishment as the basis for assessing his greatness as a man, father husband, patriot and judge.
The 340 page book, with 13 chapters is divided into four parts.
Part I: Which runs through chapter 1, 2,3 and 4 chronicles Honourable Justice Aniagolu's rich ancestry, his early childhood especially his chequered but impressive primary school education which earned him scholarship to Government College Umuahia, his secondary education which was disrupted by the second world war, his completion of his education at Christ the King College Onitsha, his teaching experience at C.K.C and his eventual decision to pursue a career in law at the expense of Medicine.
The reader in Chapter 3 is confronted with a breathtaking account of Justice Aniagolu's trip to UK for further education, his sojourn at Bristol Universities School of Law, his graduation in 1951, his call to the Bar in Grays Inn in 1952 and his enrolment as Barrister and Solicitor of the Supreme Court of Nigeria on 19th July 1952.
The picture of his life at the Bar was brilliantly painted by the authors in chapter four of the book. The readers' attention however is momentarily diverted from Aniagolu the lawyer to Aniagolu the bachelor who in 1955 became the husband of Mrs. Maria Aniagolu. His exploits at the bar and his meteoric rise to national prominence are well document in this chapter.
Part II: Captioned The Bench and Panels of Inquiry extensively X-rayed his judicial career, both on the bench and as a chairman of numerous panels of inquiry. Chapter 5 and 6 of the book affords the reader the opportunity to digest the full reports of commission of inquiry into conducts of some medical officers in 1972.
The report of the Kano Disturbance Tribunal of inquiry is presented in a way that it has never been presented before. Students of history and indeed government functionaries genuinely interested in understanding and appreciating the remote and immediate causes of religious and ethnic crises in Nigeria will find pages 55-104 of the book a veritable source of rich information. The recommendations of that panel are as valid today as they were in 1981.
Chapter 7 gives a vivid account of the role of honourable Justice Aniagolu in the making of the 1989 constitution. The authors clearly benefited from personal interviews with the great judge and from his book: The Making of the 1989 Constitution of Nigeria" The author's decision to reproduce verbatim the address of General Badamasi Babangida, then President, Commander in Chief of the Armed Forces to the Members of the Constituent Assembly is well thought out as it will forever remain a reference point for constitution making in Nigeria.
Although, the 1989 constitution is refereed to as a still-born constitution, a glimpse through chapter 7 will leave no one in doubt of the monumental work done by the constituent Assembly under the leadership of Honourable Justice Aniagolu. Let me make bold to say that those currently engaged in constitutional amendment will find the chapter a reliable compass with which to navigate the uncharted course of constitutional amendment.
The reader in perusing chapter eight is confronted with all documents relating to Honouable Justice Aniagolu's role as Chairman, Christian Peace Committee, and Adoration Ground Tragedy. As the authors rightly stated, the assignment will go down as the most sensitive job handled by the great judge. It does appear to be the most controversial too. Anyone interested in further inquiry on the subject will find the chapter highly informative and a point of departure. One, however, would have imagined that the volume of information released to the public domain on the subject would have been better utilized in an autobiography and not a biography.
The authors devoted the entire part three of the book chronicling the judgments of Hounourable justice Aniagolu. For someone who spent twenty two years on the bench of superior courts of record (13 years at the high court and nine years at the Supreme Court) it is expected that the harvest of decided cases will be intimidating.
For a judge of Honourable Justice Aniagolu's brilliance, erudition dedication to duty, courage and professionalism, the list is undoubtedly endless. Be in it in Evidence, Practice and Procedure, Criminal Law, Election Cases, Land Matters, administration of Estate, Legal Practitioners Fees, his judgments at the high court were unassailable both in logic and reasoning.
At the Supreme Court his judgments were no less illuminating, but his sense of impartiality was legendary. He demonstrated this in the celebrated cases of Jim Nwobodo vs. C.C.Onoh when he voluntarily withdrew from the panel on the ground that he and Chief C.C.Onoh came from Udi Local Government Area and it would be inappropriate and unethical for him to participate in presiding over the case. This was a clear manifestation of his sense of equity and unrivalled capacity to put his conscience above self interest.
In State vs. Ilori his view on the extent of the Attorney General's power to enter a noble prosequi before judgment, continues to resonate both in our courts and classrooms. Indeed it remains one of his most enduring contributions to our jurisprudence.
Honourable Justice Aniagolu took a minority stand in the case of the Ahmaddiya movement in Islam. Though he may not be adjudged a notable dissenter, he had no option in this case. It is a testimony of his courage of conviction, his unparallel commitment to the attainment of justice and his capacity to remain unshaken in the labyrinth of conflicts.
In chapter 11, the authors examined extensively Honourabe Justice Aniagolu's post-retirement life. For a man who retired in 1987, 22 years after retirement is more than enough time to build up another career. Thus, the book reveals his very busy schedule, time spent on Bar Associations, delivering a paper are well documented. His paper "The Craft is in Danger" which x-rays the falling standard in the legal profession is the most profound analysis of the state of the legal profession in contemporary times.
So also is his paper titled "A Judges Self Carriage" the reader is also encouraged to read his thoughts on "Ethics At The Bar" A Lawyer is "Minister of Justice", Forgery of Wills" Breaches of Relationship Between counsel and Female Clients", Judges and the Ethics and more significantly the import of "Defending a Man Who Confesses to you that He Has Committed the Act",
Chapter twelve captures and documents his role as Pro-Chancellor of two tertiary institutions: Obafemi Awolowo University Ile-Ife and Enugu State University of Science and Technology such was the recognition of his expertise and the desire to have him at the helm of affair that the two appointments almost ran concurrently.
The reader in addition to appreciating his role as a university administrator will also appraise his role as Chairman of Governing Council of the Institute of Ecumenical Education Enugu, his numerous international engagements including his role as a visiting professor of law, Law and Graduate Centre of the capital University in Columbus, Ohio, United States of America. Chapter Thirteen which is more or less a post script brings an inspiring gripping and fascinating work to a fitting conclusion.
I must congratulate the authors not only for a well researched book but for the flowery prose and elegant description of past events. More significantly the publishers must be commended for an almost flawless publication devoid of typographical errors and wrong paginations. The packaging is excellent and the indexing and bibliography brilliantly composed.
One however would have expected the use of pictorial documentation to actuate the graphic presentation of stories of the early years, education and judicial career of the great judge. Furthermore, it is manifestly evident that the authors relied more on the original judgments of the high court and Supreme Court without taking pains to cite the current citations in the law reports.
The omissions do not in any way subtract from the rich quality of the book. The authors undoubtedly have paid glowing tribute to a life of a veritable learned judge and through this book have celebrated one of the greatest legal minds of our times.
I therefore warmly recommend this book to Judges, Lawyers, Law Students, Politicians, Historians, Political Scientists, Constitutionalist and all those genuinely interested in the remarkable life story of "The Great Judge"- Honourable (Sir) Justice Anthony Nnaemezie Aniagolu.
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