Ag CJN, others remember Justice Chukwuma-Eneh’s landmark verdicts

The acting Chief Justice of Nigeria (CJN), Justice Tanko
Muhammad, and other justices, lawyers and political leaders, last
week, extolled the qualities of a late Justice of the Supreme
Court, Christopher Mitchell Chukwuma-Eneh, who died on February 27,
2019, at the age of 74.

The profundity of Justice Chukwuma-Eneh’s understanding of law
can be gleaned from the judgements and pronouncements he made
throughout his service on the bench.

Among the major pronouncements is the one on the status of the
National Industrial Court (NIC) in the judicial hierarchy in the
case: National Union of Electricity Employees vs Bureau of Public
Enterprises (2010) 7 NWLR (Pt. 1194) p. 538 at p.572, where he
said:

“It means, therefore, that by Decree No. 47 of 1992 arrogating
the National Industrial Court a superior court of record as has
been contended by the appellant does not by that token make the
said National Industrial Court a superior court of record without
an amendment of the provisions of Section 6 (3) and (5) of the 1999
Constitution and the list does not include the National Industrial
Court; until the constitution is amended it remains a subordinate
court to the High Court.”

Justice Chukwuma-Eneh made strong pronouncement on the
privileges of a mortgagor and mortgagee in property disputes. It
was in the case of Yaro vs Arewa Construction Ltd. (In
Receivership) (2007) 17 NWLR (Pt. 1063) p. 333. This saved many
financial institutions in the hands of unscrupulous mortgagors.

In the case of whether a judge can have recourse in any
provision of law in the course of writing judgment in Bakare vs
Nigerian Railway Corporation (2007) 17 NWLR (Pt. 1064) p. 606,
Justice Chukwuma-Eneh also ruled on what must be shown where the
Supreme Court is invited to overrule its previous decision.

There was also the issue of presumption of a retraction of a
confessional statement where the voluntariness is challenged in
Oged Ovunwo and anor v Iheanyichukwu Woko & ors (2011)
LPELR-2841 (SC); Augustine Ibeme v. The State (2013) LPELR-20138
(SC).

The acting Chief Justice of Nigeria, Tanko Muhammad, led the
eulogies for Justice Chukwuma-Eneh at the valedictory session
organised for him at the Supreme Court in Abuja.

Justice Muhammad noted that he was appointed to the Supreme
Court bench alongside the late jurist on January 8, 2007, and
remained in “brotherly and professional affinity.”

“As a Justice of the Supreme Court of Nigeria for about seven
years, he handled several cases and delivered judgments that have
literally broadened the horizon of the Nigerian judiciary. He had
remarkably invested his rich intellectual resource in the Nigerian
project; particularly, the growth of the judiciary. Of particular
interest is his reputation for paying attention to details and
having robust affinity with excellence and scholarship,” he
said.

“As it is today in the Nigerian judiciary, we see Justice Eneh
as a jewel of inestimable value, a great lion in the temple of
justice whose roar will keep resonating in the courtrooms in
Nigeria and beyond,” he added.

Paying his last respects to the late jurist, the Attorney
General of the Federation (AGF) and Minister of Justice, Abubakar
Malami (SAN), described the late justice as “a man of extraordinary
vigour, of pre-eminence, goodness and wisdom…a legal scholar and
seasoned jurist” who touched lives and contributed to the
development of the judiciary.

A representative of the Body of Benchers, Ofodile Okafor (SAN),
charged judges to leave positive legacies for posterity like
Justice Chukwuma-Eneh whose judgements would stand out for
generations.

The President of the Nigerian Bar Association (NBA), Paul Usoro
(SAN), described Justice Chukwuma-Eneh as “an eminent and prolific
jurist who shaped the polity of the nation through his resounding
pronouncements and judgments.”

Deputy Senate President, Ike Ekweremadu, who was on hand to pay
respect, said Justice Chukwuma-Eneh would be missed by the Udi
community and the entire senatorial district for his humanitarian
service and leadership in community and church positions.

He said effort would be made to immortalise him.

Justice Chukwuma-Eneh was born on April 23, 1944, to the family
of Pa Wilfred Eneh and Mrs. Margaret Nnokwo (Nee Ugwu Igwenshi) in
Udi Local Government Area of Enugu State.

He had early education in some of the best schools around then
Eastern Nigeria before obtaining an LL.B in 1965 from the
University College, London (UCL). From the same school, he obtained
an LLM and was subsequently called to the English Bar in 1970 where
he won the Montague Prizeman of the Middle Temple.

On his return to Nigeria, he enrolled at the Nigerian Law
School, Lagos, in 1974. He began to practice at the law firm of
Chief Enechi Onyia (SAN) before he joined the chambers of Justice
Augustine Nnamani and became the head of chamber upon the
appointment of Justice Nnamani as the AGF.

Due to his competence, he was appointed judge of the High Court
of old Anambra State in 1989. In 1998, he was elevated to the Court
of Appeal where he served in Jos, Lagos and Calabar.

He climbed to the Supreme Court in 2007 from where he retired in
2014.

He received the National Merit Award for his service to the
nation, including the Commander of the Order of the Niger (CON) in
2007 from President Shehu Musa Yar’Adua and the Commander of the
Order of the Federal Republic (CFR) by President Gooduck Jonathan
in 2016.