BY HON. JUSTICE KUDIRAT M. O. KEKERE-EKUN, GCON,CHIEF JUSTICE OF NIGERIA
AT
THE VALEDICTORY COURT SESSION IN HONOUR OF THE LATE HON. JUSTICE EMMANUEL OBIOMA OGWUEGBU, JSC (RTD),
ON WEDNESDAY, MAY 14, 2025
2:00PM
VENUE: MAIN COURTROOM, SUPREME COURT OF NIGERIA
PROTOCOL
Today, we gather in solemn remembrance and deep gratitude as we celebrate the life and legacy of a truly distinguished jurist- Hon.Justice. Emmanuel Obioma Ogwuegbu, JSC (Rtd), CON. His Lordship departed this life on the 28th day of October, 2024, at the venerable age of 91. In his passing, our nation has lost one of its finest legal minds and the judiciary, one of its most illustrious exemplars.
May I, with your kind indulgence, request that we rise for a minute of silence in honour of his remarkable life and service.
May his noble soul rest in perfect peace.
Hon. Justice Ogwuegbu was not just a judge; he was a torchbearer of justice whose career spanned more than four decades of unwavering dedication to the bench. His Lordship’s life’s work was defined by a fierce loyalty to the Constitution, an abiding respect for the rule of law, and an unshakeable belief in the power of justice to uphold society’s most sacred values. Throughout his illustrious judicial career, he brought to bear a rare combination of erudition, clarity, and compassion. He was a jurist who wrote with precision, reasoned with rigour, and adjudicated with fairness.
His judgments did not merely resolve disputes they elevated our jurisprudence, speaking to the conscience of a nation and strengthening the pillars upon which our democracy rests.
Born on the 16th day of March, 1933, in Amainyi, Ihitte-Uboma Local Government Area of Imo State, Hon. Justice Ogwuegbu’s early years were marked by academic brilliance and a clear sense of purpose. His Lordship’s early education started at St. Theresa’s School Amainyi, Ihitte, Etiti (1940 – 1947) and St. Theresa’s School, Ikenanzizi, Obowo, Imo State (1947) before proceeding to St. Patrick’s College, Calabar in 1948 for his post- primary education. His journey into the legal profession began at the University of Liverpool, England, where he obtained his LL.B in 1960.
His Lordship was called to the English Bar at Middle Temple in November, 1961 and enrolled in the Supreme Court of Nigeria on the 26th day of October, 1962 as a Barrister and Solicitor. His Lordship undertook a postgraduate course at the School of Oriental and African Studies,
University of London and was awarded a Master of Laws Degree (LLM) in
1962-an early indication of the intellectual depth that would define his
legal career.
From his early days in private practice in 1962, through his appointments as Magistrate, Senior Magistrate, High Court Judge, Justice of the Court of Appeal, and ultimately Justice of the Supreme Court, His Lordship exemplified excellence at every level.
His Lordship was appointed a Judge of the High Court of Imo State in November 1976, where he quickly distinguished himself by his judicial acumen and administrative efficiency. His Lordship served as the Administrative
Judge of the Owerri Judicial Division from 1976 to 1979, and in 1980, was entrusted with the same leadership responsibility in the Aba Judicial Division. His deep understanding of the law and quiet strength of character earned him elevation to the Court of Appeal in September 1987, where His Lordship served with distinction in both the Ibadan and Lagos Divisions. In April 1992, he was appointed to the Supreme Court of Nigeria.
Such was the calibre of his reputation that, in December 1999, the Federal Government seconded him to serve on the Supreme Court bench of The Gambia, where His Lordship contributed to the development of jurisprudence beyond our borders. His Lordship discharged this international duty with characteristic humility, honour, and judicial excellence, before returning to continue his service at the Supreme Court of Nigeria until his retirement on the 16th day of March, 2003- when he attained the constitutional retirement age of 70.
As a Justice of the Supreme Court of Nigeria, His Lordship contributed significantly to the shaping of our modern legal landscape. His
Lordship’s deep insight and fearless reasoning were particularly evident in cases that advanced constitutional governance, individual liberties, and the devolution of powers.
In Attorney General of the Federation v. Attorney General of Abia State & Ors (2001) LPELR-24862 (SC) (Pp77 – 77 Paras B – D), His Lordship lucidly interpreted the revenue allocation principles under Section 162(2) of the Constitution of the Federal Republic of Nigeria, 1999, underscoring the importance of derivation as a critical element of fiscal federalism. His Lordship also made a lasting contribution to labor jurisprudence in Underwater Engineering Co. Ltd & Anor v. Dubefon (1995) LPELR-3379 (SC) (Pp 11 – 12 Paras D – B), where he affirmed that an employer cannot retrospectively terminate a contract of employment to deny an employee entitlements that had already accrued during the period of actual service.
Furthermore,in the landmark case of Attorney General of Ondo State v. Attorney General of the Federation & Ors (2002) LPELR-623 (SC (Pp 105 – 107 Paras E – D), Hon. Justice Ogwuegbu expounded on the legislative competence of the National Assembly, articulating when federal laws may validly touch on areas traditionally within state jurisdiction, particularly when addressing matters of national concern such as corruption. These
pronouncements remain foundational references in constitutional and administrative law.
Hon. Justice Ogwuegbu was not content to sit within the hallowed walls of the courtroom alone. He actively contributed to the development of law and policy beyond the bench. His editorial work on law reports,service as Chairman of Etiti Divisional Council, East Central State of Nigeria between 1972 – 1975 and membership of various legal reform committees are just a few examples of how deeply invested His Lordship was in the broader improvement of his community and the Nigerian legal system. He was Vice Chairman of the NBA, Umuahia Branch between 1975 – 1976 and participated in panels focused on customary law reform and judicial rules development- his influence reverberating well beyond the pages of
the law reports.
But beyond the brilliance of his legal mind, it was the gentility of his spirit that endeared him to many. He was a Judge of great dignity, humility, and empathy-qualities that humanised the law and brought comfort to those who sought justice. He listened intently, decided fairly, and treated all who came before him with respect and decency.
As we bid farewell to this great jurist, we are reminded of the words of Justice Oliver Wendell Holmes Jr.: “The life of the law has not been logic; it has been experience.” Indeed, Hon. Justice Ogwuegbu’s life enriched our law with experience, compassion, and wisdom.
His contributions continue to illuminate our courts and his legacy remains embedded in the moral and legal consciousness of our nation.
This moment of tribute is also a moment of reflection. The challenges facing our judiciary- delays in justice delivery, dwindling public confidence, and resource constraints are not insurmountable. We are currently working very hard to make a change. Hon. Justice Ogwuegbu’s life offers a blueprint for renewal: integrity, learning, service, and courage.
Let us honour his memory not only with words but with a renewed commitment to the ideals he so nobly upheld.
To his beloved family, we extend our deepest sympathies. Your grief is shared by all of us in the legal community. Your husband, father, grandfather, and brother was a national treasure -one whose life and legacy will continue to inspire generations.
As we commend his soul to eternal rest, may we also draw strength from his example. His Lordship walked his path with dignity and grace.
Let us continue the journey he helped shape with fortitude, with faith, and with fidelity to justice.
Adieu, Hon. Justice Emmanuel Obioma Ogwuegbu.
Thank you all
Hon. Justice Kudirat M.O. Kekere-Ekun, GCON
Chief Justice Of Nigeria