By Onyewuchi Ojinnaka
Justice Sylvester Nwali Ngwuta, a justice of the Supreme Court of Nigeria and number three (3) jurist in the hierarchy of 20 justices of the Supreme Court, died at about 2.30am on Sunday March 7, 2021, just 23 days to his mandatory statutory retirement age of 70.
Announcing Ngwuta’s death last Sunday, the Supreme Court Chief Registrar Hadizatu Mustapha, said that the Ebonyi State-born jurist died around 2.30am of same day.
“He felt sick and was admitted in the last one week in the National Hospital, Abuja, but before he was moved to the intensive care unit of the hospital on Friday March 5, he tested negative to COVID-19 investigative test conducted on him,” Mustapha disclosed.
According to the statement by the court registrar, “Hon. Justice Ngwuta was due to retire from the Supreme Court bench on attaining mandatory retirement age of 70 years on March 30, 2021.
“His remains have been deposited in the National Hospital mortuary pending the arrangement for his burial”, the registrar further said.
Late Justice Sylvester Nwali Ngwuta was born on March 30, 1951 in Amofia-Ukawu, Onicha Local Government of Ebonyi State.
He had his basic education in the Eastern part of Nigeria and got his LLB in the University of Ife (now Obafemi Awolowo University), lle-ife in 1977 and BL at the Nigerian Law School in 1978.
He was deployed as the State counsel in charge, Ministry of Justice, Oturkpo, Benue State, during his National Youth Service Programme in August 1978 – October 1979.
Ngwuta began his private legal practice at Abakaliki in July 1978 – October 1995, from where he was appointed a judge of the High Court, old Abia State in October 1995.
In May 22, 2003, he was elevated to the Court of Appeal, and was finally sworn-in as Justice of the Supreme Court in March 22, 2011.
His lordship had received several awards such as Human Rights Awards by Human Rights Commission, Ebonyi State, on the World Human Right Day, December 2000, Kwame Nkrumah Leadership Award 2011/2012 by West African Students Union Parliament on 25th April, 2012, and Commander of the Federal Republic (CFR) 2012.
Ngwuta’s Ordeal/Trauma
Recall that Justice Ngwuta suffered humiliation and trauma as a sitting judge when he was arrested along with eight other superior court judges after a sting midnight operation by the operatives of Department of State Service (DSS), which invaded and conducted search in their respective residences in October 2016.
A development he least expected as a sitting justice of Supreme Court.
He was subsequently arraigned on a 13-count charge of corruption /money laundering by the Federal Government of Nigeria before a Federal High Court, Abuja.
He pleaded not guilty and was granted bail in the sum of N100 million.
However, in a judgement delivered by the Court on March 23, 2018, the charge against Ngwuta was struck out.
The court held that the Federal Government failed to fulfill the condition precedent which is required before a serving judicial officer could be arrested or charged to court over corruption related offences.
The court held that the allegations of corruption against the defendant ought to have been referred to the National Judicial Council (NJC). It is the NJC that could recommend for any punitive measures if the allegations are established.
Besides, the court stressed that some of the allegations the Federal Government levelled against him were vague.
Ngwuta who was suspended from sitting in Supreme Court pending the determination of his trial was subsequently discharged and acquitted of the charge.
He was recalled back to Supreme Court during the 2018/19 Supreme Court new legal year and he began sitting thereafter.
Nigerians Mourn Ngwuta’s Death
Meanwhile, President Muhammadu Buhari has commiserated with the family and friends of Justice Ngwuta.
In a statement by his Senior Special Assistant on Media and Publicity, Mallam Garba Shehu in Abuja on Monday, President Muhammadu Buhari said he joined people and government of Ebonyi State, Nigeria Bar Association (NBA) and members of the Bench in mourning the legal luminary. He expressed regrettably that the death of the eminent jurist will leave a gap in the Supreme Court, considering his wealth of experience and dedication to interpretation of the constitution.
According to President Buhari, “Justice Ngwuta lived and served the country with his knowledge of the law”.
Similarly, the Attorney General of the Federation and Minister of Justice, Abubakar Malami,(SAN) expressed shock at Ngwuta’s death, even as he consoled the families of late Justice of the Supreme Court.
In a condolence message, Malami said, “the death of the eminent jurist has created huge vacuum to the Nigerian Justice Sector, particularly the Supreme Court of Nigeria”.
The Attorney General described late Justice Sylvester Ngwuta as a great man who rendered selfless service that contributed immensely in nation building, with particular reference to judiciary and justice Sector.
“The late Supreme Court Justice contributed to the development of the legal profession, our nation’s history will never forget him” Malami stated.
While offering special prayers for the eternal repose of the departed soul, Malami prayed God to grant the family of the deceased the fortitude to bear the loss.
Awa Kalu, Agbakoba, Others, Pay Tribute
Senior lawyers have continued to eulogies and pay glowing tributes to the late Justice of the Supreme Court, Justice Slyvester Nwguta, who died in the early hours of Sunday
Former Abia State Attorney General and Commissioner of Justice, a Senior Advocate of Nigeria Awa Kalu, described the late jurist as a good man of vibrant intellect who the judicial sector will miss greatly.
According to Kalu, Justice Ngwuta was his former classmate both in the Law School Class of 1978 as well as the University of Ife (now Obafemi Awolowo University (OAU) and has promised to write a tribute on him.
Former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba, said: “I did not know Justice Ngwuta personally but a death of a Supreme Court justice, as former president of the Bar, leaves me saddened.”
A constitutional lawyer, Sabastine Hon, saw Justice Ngwuta as an erudite jurist who delivered sound judgements and rulings.
Former Imo State Attorney General and Commissioner of justice, Chukwuma-Machukwu Ume, attributed the death of Ngwuta to shock and trauma which befell him, caused by the midnight invasion of his official residence by operatives of Department of State Security Service (DSS)
“Ngwuta died in protest of the shock and trauma occasioned by the 2016 midnight invasion of his Abuja official residence by operatives of the Department of State Security Service (DSS)” he stressed.
Also, a senior lawyer, Solo Akuma, described Ngwuta as an erudite and courageous jurist who will be missed by all.
Another senior lawyer and governorship aspirant for Anambra State, Chief Emeka Etiaba, said: “It is difficult to accept the news that my lord is dead even as he was billed to retire on the 30th day of March, 2021.”
A known Economic and Financial Crimes Commission (EFCC) prosecutor and a Senior Advocate of Nigeria, Rotimi Jacobs said that Justice Ngwuta was a good jurist.
“He was a good and nice man. God bless his soul”, Jacobs prayed.
Hierarchical Change at Apex Court
The death of Justice Sylvester Ngwuta of the Supreme Court of Nigeria last Sunday has brought change in the hierarchy of justices at the nation’s Apex court.
Analytically, Justice Mary Ukaego Peter-Odili, who is currently the number 4 in seniority list of the 20 justices, will eventually find herself in second position after the Chief Justice of Nigeria (CJN), Tanko Muhammad, in about two weeks from now.
The reason is that the current No 2 Justice of the Apex Court, Bode Rhodes-Vivour will bow out of the bench on March 22, 2021 when he clocks 70. Justice Ngwuta who was the No 3 after Rhodes-Vivour and was due to retire on March 30, 2021 upon attaining the mandatory retirement age of 70 is now dead, leaving the second-in-command position for Justice Mary Peter-Odili.
With Justice Rhodes-Vivour’s imminent retirement, it means that Justice Mary Peter-Odili, wife of former governor of Rivers State and former presidential aspirant, Peter Odili, will step up from No 4 to No 2.
This position creates a probability for her to become the next Chief Justice of Nigeria in case of any eventuality. Traditionally, the second most senior justice of the Supreme Court is appointed chief justice after the retirement of the incumbent.
However, Justice Mary Ukaego Peter-Odili may after all, not become the second female CJN after retired Justice Aloma Mariam Mukhtar. She was born in May 12, 1952 and appointed a justice of the Supreme Court in June 23, 2011.This means she will be due for retirement by May 12, 2022 on clocking 70.
Besides, Justice Tanko Muhammad, who was appointed a Supreme Court justice in 2006 and sworn in on January 8, 2007, was born on December 31, 1953. It means that he is younger than Mary Peter-Odili and will not retire until 2023 when he clocks 70 years.
Nevertheless, Justice Kudirat Kekere-Ekun, born in May 7, 1958, will retire in 2028 and is due to move to No 5 very soon and likely to be the next Chief Justice of Nigeria (CJN) Another CJN hopeful Justice Amina Adamu Augie, will be 70 in September 2023 when the incumbent CJN Tanko Muhammad may still be in his seat.