By Prof. Ibrahim Abdullahi, SAN

After I graduated from the Faculty of Law, Usmanu Danfodiyo University Sokoto in 1998 and while awaiting admission into the Nigerian Law School, I decided to get busy by getting attached to a law firm. Almighty Allah (SWT) led me to the law firm of Danladi Bamaiyi & Co situate at Gawon Nama Area, Sokoto. The law firm was then headed by Yakubu Chinoko Maikyau Esq (Now a Senior Advocate of Nigeria and President of the Nigerian Bar Association). He graciously allowed me to learn the ropes at no cost and without any hesitation. I was introduced to other great minds of the law firm to wit; S.M. Kibo Esq (now a Judge of the High Court of Justice – Kebbi State), F.E. Okotete Esq and Kola Oyedotun, Esq (of blessed memory). May his gentle soul rest in eternal peace. Aameen.

During one of my Court outing with Kola Oyedotun Esq, I was seated in the court room with my writing pad when the court room door was banged trice and everyone stood up to the sound of ‘Cooooourt’. Behold who came in? I saw a female Judge neatly dressed with an ever smiling face came in. She sat down and spoke with such eloquence that made me wonder if I was before a British Court. The whole Court room radiated in sparkling diamonds as she spoke and communicated seamlessly with members of the bar. She had spate of law reports lined up on her table in the court room.

There was a keenly contested application for stay of execution that was brilliantly argued by counsel. After argument, I was expecting an adjournment for ruling but the Judge picked some of the law reports, went through them and started writing in the open court. In record time, announced ‘Ruling of the Court’.

The ruling delivered was a master piece depicting the Judge appreciation of the nature of the application before her. The sound ruling was accompanied by a brilliant summary of the argument of the parties as well as the position of the Court supported by stare decisis. After delivery of the ruling, there was a resounding ‘AS THE COURT PLEASES’. Everyone appeared satisfied with the ruling. As the Court erupted with ‘AS THE COURT PLEASES’, I nearly jumped up to say; ‘THIS IS AN EPITOME OF JUSTICE’. But I was quick to realize I was before a Court of law. The Judge had perfect control of her Court and her proceedings which was conducted in a friendly atmosphere to the admiration of all. Deep within me, I wanted to know the name of the Judge. I later got to know that the Judge in question was Honourable Justice Amina Adamu Augie (as she then was). I challenged myself to emulate her outstanding qualities of strong will, character, hard work, justice and eloquence.

On the 3rd of September 2023, Honourable Justice Amina Adamu Augie JSC retired from the bench after serving the nation from 1978 to 3rd September 2023 both as a Teacher, Chief Magistrate, Judge of the High Court of Justice Sokoto State, Justice of the Court of Appeal of Nigeria and through her intellect, hard work and force of will, she did not only reached the zenith of her carrier by becoming Justice of the Supreme Court of Nigeria, she reshaped it. My noble lord broke barriers for those who came after her and inspired multiple generations. The intention of this tribute is to bring to the fore, the sterling qualities of my noble lord in retirement.

With Honourable Justice Amina Adamu Augie’s retirement from the bench as Justice of the Supreme Court of Nigeria, the nation has once again missed one quintessential Justice of the Supreme Court of Nigeria in her history. My noble lord’s formidable legal legacy is second to none. Her satisfactory exposition of legal issues was acknowledged by brother Justices of the Supreme Court. For instance, EJEMBI EKO, JSC in the case of MOSES v. NBA (2019) LPELR-46918(SC) Pp 15 – 17 Paras C – D posited thus;

… The issue resolved in the judgment just delivered by my learned brother, AMINA ADAMU AUGIE, JSC, in this appeal is not about the juristic personality of the complainant at the Legal Practitioners Disciplinary Committee but only as to whether the Respondent, the Appellant has complained against in this appeal is a juristic persona. The judgment of my learned brother has resolved that issue to my satisfaction. Accordingly, I endorse the judgment and do hereby adopt it…

Similarly, in the case of OLAWOYE v. STATE (2022) LPELR-57832(SC), HELEN MORONKEJI OGUNWUMIJU, JSC at Pp 37 – 38 Paras E – C posited thus;

I have read hitherto the judgment just delivered by my learned brother, AMINA ADAMU AUGIE JSC. I agree with the reasoning and conclusion that the appeal is devoid of merit and should be dismissed. This is an open and shut criminal case in which the Appellant was caught practically red handed at the scene of crime with some of the stolen money taken by armed robbery still on his person. The argument by the Appellant that an identification parade should have been conducted by the Police is completely misconceived. See Ogoala v. State (1991) 2 NWLR Pt. 175 Pg. 509. In this case, apart from being caught on the spot, the Appellant made a statement which was a direct and positive confession of guilt which is admissible and sufficient to ground his conviction. The confession fulfilled the probability tests and it is credible and proper weight was attached to it by the two lower Courts to sustain the conviction of the Appellant.

My noble lord in her sojourn through the academia as well as the bench brought about golden combinations of legal acumen, collegiality and calmness, zero tolerance to corruption, mentorship and kindness. Fearless as a lioness, she left behind a legacy of judicial decisions that will act as a guide to future deliberations. Judges, lawyers, scholars and students who were opportune to study these judicial decisions will discern behind the words and letters, elements of deep civility and respect for all persons, decency, insight, attention to details and integrity. Her decisions are further testimonies of model of clarity and eloquent simplicity. For instance, in holding that a confessional statement made by one accused person which is against his co-accused will constitute evidence against that co-accused, my noble lord in the case of MOHAMMED USMAN VS THE STATE (2019) ELC AT 3391 SC, DELIVERED ON 12TH APRIL 2019 held inter alia that;

“Where the evidence incriminating an Accused Person comes from a Co-Accused, the Court is at liberty to rely on it, as long as the Co-Accused Person who gave such incriminating evidence was tried along with that Accused Person.”

The in-depth jurisprudence of my noble lord in retirement has endeared her to the hearts of many (inclusive the writer) and seen as a role model. In the case of APC & ANOR V. ENG. SULEIMAN ALIYU LERE & 1 OR. SC/222/2019 delivered on 11/4/19 in which reasons were given on 10/5/19, in my lords contributing judgment, my noble lord held as follows:

Obviously, the Respondent is right; a right of action can only accrue when the person, who sues becomes aware of the wrong- See Jalico v. Owoniboys Tech. Service (1995) 4 NWLR Pt. 391 Pg. 53; UBN v. Umeoduagu (2004) 13 NWLR Pt. 890 Pg. 352 and Mulima v. Usman (2014) 16 NWLR Pt. 1432 Pg. 160, wherein Okoro JSC, said: “I think it is only reasonable and just that a party can only sue when he becomes aware that his right has been tampered with, for, as long as he is unaware that someone has dealt with his property inconsistent with his ownership, he cannot sue as you cannot shave a man’s hair in his absence.”

Her lasting impression on litigants, lawyers and the Court have inspired many to honour and support the rule of law and by extension serve justice undiluted. Thus, on the issue that the fact that persons were privy to an arrest does not make their appearance compulsory, my noble lord while at the Court of Appeal of Nigeria held in OSAZUWA & ORS VS ISIBOR & ANOR (2003) LPELR-7295 (CA), AT PARAS A-B that; ‘there is no Rule of Law or Evidence, which lays down that all persons who know about a particular fact must be made witnesses to testify on the issue before it can be proved’.

My noble lord’s greatest strength as a natural person is exemplified by her simplicity, decency and integrity in both her personal and official actions. Like in the introductory part of this write up, I was privileged to share in her mentorship. Little wonder that she clinched three outstanding prizes as a University Student including emerging as Faculty of Law best over – all student, University of Ife in 1977 and thereafter had 13 other merit awards in her sojourn through the bench.

The speed and diligent manner, in which my noble lord dealt with cases wherever she finds herself, enhanced her public respect and accolades especially from lawyers. Her visionary role on the bench saw her as an emissary of the rule of law. She kept faith with the dream to which she was entrusted by virtue of her oath of office. She had displayed her ingenuity at the bench and proved to all that her sojourn through the bench up to the apex court was neither a product of blind chance nor a product of hit – and miss diversity. She possessed such a character that made her credible before her audience. She has the phronesis (practical wisdom), virtue and good will all wrap together.

She wrote exactly what she meant to say sprinkled by the principles of stare decisis just enough to provide emphasis and justification for the position taken by the Court. It was her firm and correct belief that the law should evolve on a case-by-case basis and that the court’s role in that process was to decide the issue before it – and to do so in clear, fair and unequivocal language. Her thoughts just like Aristotle, was original, profound, wide – ranging and systematic and which is now gradually becoming an intellectual framework for fellow Justices and Judges of superior court of records to emulate. In clear wordings filled with concern for the legal profession, in what has become one of her famous quotes, she stated thus;

… With tears in my eyes, I cannot believe that in my lifetime, I would see very senior members of the bar bring applications of this nature to this Court which are aimed at desecrating the sanctity of this Court, violating the principles and decisions of this court and destroying the esteem on which this Court is held… The applications are vexatious, they are frivolous and gross abuse of court process… No force on earth can get this Court to shift from its decision regarding the Bayelsa State election appeal… Having considered the prayers sought viz a viz the position of the law and the arguments/submission made by all the parties, it is clear that the two applications lack merit and constitutes an abuse of court process…

My noble lord in retirement has all the qualities which great leaders and jurists have to wit: Character, Charisma, Commitment, Communication, Competence, Courage, Discernment, Focus, Generosity, Initiative, Listening, Passion, Positive Attitude, Problem Solving, Relationships, Responsibility, Security, Self – Discipline, Servant hood and vision.

It is hoped that my noble lord in retirement will continue living in the present and apply her experience to the present and the future. As it is often said; ‘It is not the length of life that matters but the depth of life itself’.

Honourable Justice Amina Adamu Augie JSC (Rtd) remains a shining star and a worthy ambassador of Nigeria. Wherever she went, she made Nigeria proud. Our Nation has yet missed a jurist of historic stature. We will continue to recognize her as a tireless and resolute champion of justice.

By your retirement, we have been denied the opportunity of appearing before you. We however take solace in Veni, Vidi, Vici (you came, you saw and you conquered). We wish my lord in retirement a trouble free retirement in good health and peace of mind.

Thank you for your unblemished record of service to the nation in general.

Professor Ibrahim Abdullahi, SAN is of the Faculty of Law, Usmanu Danfodiyo University, Sokoto.