By Onyewuchi Ojinnaka
Honourable Justice Aloysius Katsina-Alu (GCON), former Chief Justice of Nigeria (CJN), who retired on August 28, 2011 was born on August 28, 1941 at Tse Alu in Ushongo Local Government Area of Benue State.
The late ex-CJN was the first indigene of Benue State to ascend the exalted position of Chief Justice of Nigeria in December 30, 2009, having been elevated from the Appeal Court to Supreme Court in 1998.
TheNiche gathered he had legal career spanning 44 years before he finally bowed out from the Bench as Chief Justice of Nigeria.
In his tribute in honour of late former CJN, the former Attorney General and Minister of Justice Mohammed Bello Adoke (SAN) described late Aloysius Katsina-Alu as a friend, mentor and benefactor particularly to those in the legal community.
According to Adoke, the late ex-CJN had core values of patience, perseverance, tolerance and forthrightness which stood him out as a distinguished and accomplished jurist.
“He has through his pronouncements, decisions and administrative acumen as head of the nation’s highest court, contributed immensely to the development of legal profession in Nigeria”.
Honourable Justice Aloysius Katsina-Alu was the 11th Chief Justice of Nigeria after succeeding Honourable Justice Idris Legbo Kutigi, a retired CJN who incidentally administered the oath of office to his successor the late Katsina-Alu.
Initially, Aloysius Iyorgyer Katsina-Alu enrolled at the Nigerian Army Training College, Kaduna between April and October 1962 and later moved to Mons Military Training College, Aldershot England between November 1962 and January 1963.
He thereafter jettisoned his military exploit and enrolled at the faculty of law, Ahmadu Bello University, Zaria between 1963 and 1964. The same year, he proceeded to University of London to continue his legal studies; and was called to English and Nigerian Bars in 1967 and 1968 respectively. He was a jurist of immense wisdom.
Drama Over his Swearing-in
A drama played out itself in the swearing-in ceremony of Honourable Justice Katsina-Alu when he was to take oath of office.
Hitherto, the President of Nigeria administered the oath of office to newly appointed CJN in accordance with the provisions of the 1999 constitution as amended. However, in the case of Katsina-Alu, the then President, late Umaru Yar’Adua was unavailable to administer the oath due to ill-health which kept him incommunicado and he did not hand over the administration of the nation to his Vice President who was then Goodluck Jonathan.
This lapse therefore prevented the vice president from administering the oath of office to the newly appointed CJN. In the midst of this dilemma, the then outgoing CJN Honourable Justice Idris Legbo Kutigi had to perform the oath taking ceremonies after which Katsina-Alu formally began performing his duty as CJN.
Katsina-Alu’s feud with Ayo Salami
While in office as CJN, his disagreement with the then President of Court of Appeal, Honourable Justice Ayo Isa Salami, almost infected the judiciary and its related institutions, particularly the National Judicial Council (NJC).
His grouse with Salami eventually led to accusations and counter accusations within the judiciary and spilled over to the NJC in which he was then the Chairman. The skirmish between the two jurists emanated from the Sokoto gubernatorial election dispute which culminated on the allegation of pervasion of justice levelled against the CJN by Justice Salami.
The then President of Court of Appeal, Justice Salami had alleged on oath that the CJN attempted to manipulate the course of justice in the Sokoto gubernatorial election dispute at the Court of Appeal. It was alleged that the then CJN was not pleased and comfortable with the decision of the Appeal Court on the said Sokoto gubernatorial election dispute by the Appeal Court election petition panel, and as a result, he sought to disband the panel and elevated Justice Salami from the Court of Appeal to the Supreme Court.
However, Salami refused the promotion, preferring instead to remain in the Court of Appeal as its president as provided by the constitution.
Analysts perceived the elevation of Salami to Supreme Court was to shut him out from the procceedings of the Appeal Court election petiton panel. The refusal of Salami to accept the promotion caused ripples that nearly tore the judiciary and its related institutions apart.
Following the allegation which emanated from the Sokoto gubernatorial election dispute, the National Judicial Council set up a panel to investigate the matter. The panel headed by Honouranle Justice Usman Abdulahi found that Salami lied against the CJN and recomended among other things, that Salami should apologise to the CJN as well as the council. Justice Salami objected to the recomendation but instead went to court to challenge the composition of the panel set up by NJC.
On August 2011, Salami was suspended by NJC for his refusal to tender apology as recomended. The Council also recomended for his retirement to then President Goodluck Jonathan.
Absence from Valedictory Service
Stakeholders in the legal sector posit that the skirmish between Salami and Katsina-Alu cum NJC may have created crises in the judiciary which perhaps affected his valedictory services/session.
It is worthy of note that on retirement and as a tradition, valedictory service/session normally holds for outgoing/retiring judicial officers and they would be in their full ceremonial judiciary regalia. Unexpectedly, in the ceremony for Katsina-Alu, he refused to attend the valedictory service organised in his honour despite all persuasions on him to grace the occassion. He declined to attend, saying that he was not interested. His refusal to attend the ceremony left a sour taste on the lips of his admirers, friends, judicial colleagues and stakeholders in the legal sector.
Rememberance
Though Justice Aloysius Iyorgyer Katsina-Alu has gone but his legal works remain alife as the legal community would be making reference to his judgements and rulings, cite cases in which he delivered judgements.
Eulogising the late jurist, former Senate President David Mark said,”The late Katsina-Alu was courageous jurist whose landmark judgements would occupy a unique chapter in the nation’s jurisprudence.
“His works would remain reference materials for lawyers, judges, and the academia in many years to come.
Other eminent Nigerians who paid tribute to late ex-CJN are former President Goodluck Jonathan, former Edo Governor and National Chairman of All Progressive Congress (APC), Adams Oshomhole, former Governor of Anambra State Peter Obi, amongst others.
However, the late CJN would also be remembered for some controversial issues that rocked his tenure as CJN . Such controversial issues are his loggerhead with the Nigerian Bar Association (NBA) over the investiture of 30 newly appointed Senior Advocates of Nigeria (SANs), right from the selection process to confirmation, to swearing-in, his age palaver, feud with Justice Salami, amongst others.
Seven Days Mourning
As a mark of honour for the late former CJN, the incumbent Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen has directed the judiciary and its related institutions to observe 7 days mourning for late Katsina-Alu.
The National flag should be flown at half mast for seven days, with effect from Wednesday July 18, 2018.
The Niche recalls that the late jurist had lost his wife Lady Mimidoo Katsina-Alu some years ago in his country home in Ushongo, Benue State when a tree fell on her during a wind storm.
