Nigeria: Retired Judge Recounts Experiences With Difficult Cases

10 February 2023

Mr Buba retired as a judge of the Federal High Court on 1 January after clocking the 65 years statutory retirement age.

A retired judge of the Federal High Court, Ibrahim Buba, on Thursday, recounted his experiences handling some difficult cases in his career on the bench.

He spoke of how he overcame the myths that had kept the cases in court for over a decade before they were re-assigned to him and ensured he disposed of them.

Mr Buba, who bowed out of the court on 1 January, after clocking the 65 years statutory retirement age, spoke at the valedictory court session held in his honour by the Federal High Court in Abuja on Thursday.

In the course of his 19-years-long career as a judge, Mr Buba served at various divisions of the Federal High Court.

He came to limelight in March 2007 with his controversial decision at the Port Harcourt division of the court granting an injunction perpetually shielding a former governor of Rivers State, Peter Odili, from investigation and prosecution by the Economic and Financial Crimes Commission (EFCC).

Speaking of one of the difficult cases he handled while on the bench on Thursday, Mr Buba said,"On resumption in Lagos (Division), I met a case in court," which he said seemed would "never finish in court."

One of the "notorious" cases was between the Incorporated Trustees of Grail Movement V. Lawson, which commenced in 1999. It had lasted over 10 years before it was reassigned to him.

"My Lord, leave this case, no judge can finish it," Mr Buba recalled the admonition of his deceased registrar drawing his attention to the inherent danger in adjudicating on the suit.

But determined to confront the "monster" case, Mr Buba said, "I smiled and fixed the case for hearing."

"I placed my feet on the throttle without overspending and without delay. I finished it (The Grail Movement case) today and today I am still alive and healthy," the retired judge revealed to the laughter of the packed hall at the headquarters of the Federal High Court in Abuja.

Recalling how he disposed of another dreadful case that lasted over three decades in Port Harcourt Division - Chief Isaac Agbara V. Shell - Mr Buba said his then registrar warned of the mystery surrounding the case.

"My Lord, be careful with this case... many intrigues, no judge has been able to finish it," the judge recalled the registrar cautioning him.

But Mr Buba recollected his late father's admonition on courage and his personal life's journey from the obscure but beautiful mountains and streams of Mambilla Plateau in Taraba State, North-East Nigeria, to Port Harcourt, he confronted the "monster case."

"With determination, I delivered over 58 rulings in the case and I concluded it," Mr Buba said to a thunderous applause from the audience.

He added, "... every decision I took, I went home and slept soundly; I never lost sleep... "

Judges must be in charge of their courts

Underscoring the need for judges to be courageous, Mr Buba said it was not enough for judicial officers to possess "knowledge of the law, case management and integrity."

He said these qualities would lead a judge "to nowhere if he is a coward," noting that the greatest attribute of the independence of the judiciary "is courage in the judex (judge)."

Expressing gratitude to the Nigerian judiciary for not robbing him of his courage while on the bench, Mr Buba said, "nobody compelled me to decide the way I decided or stopped me from deciding the way I wanted to decide."

Urging judges to be firm control of their courts, Mr Buba disclosed, "No lawyer in Nigeria ever frustrated me and stopped cases in my court from going on."

In Nigeria, some senior lawyers often browbeat judges into seeking unnecessary adjournments thereby stalling their cases especially in criminal matters.

"To refuse to decide and allow cases to linger in court... is not only an act of cowardice but abdication of the oath judges take and injustice to society," the judge noted.

In an emotional tribute to his deceased father, Buba Malabu, whom he said inculcated in him the virtues of perseverance and honesty, the retired judge revealed the exceptional bond he shared with him.

Chief Judge hails retired colleague

In his eulogy, the Chief Judge of the Federal High Court, John Tsoho, described Mr Buba as "one of the finest and highly cerebral judges this court has produced."

Mr Tsoho pledged that the appointment of judges on his watch would prioritise competence and merit just as Mr Buba.

He said the valedictorian "successfully navigated the Bench unblemished."

The Chief Judge said Mr Buba dedicated his life to the service of the court and Nigeria for 19 years.

"He has maintained a good reputation and firmly protected his integrity," Mr Tsoho praised Mr Buba.

Revealing some of Mr Buba's accomplishments, Mr Tsoho said he was the first lawyer and judge to have emerged from the backwaters of Mambilla Plateau in Sardauna Local Government Area of Taraba State.

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