SPEECH DELIVERED BY PIUS IDEMUDIA OIWOH, CHAIRMAN OF THE NBA BENIN BRANCH

SPEECH DELIVERED BY PIUS IDEMUDIA OIWOH, CHAIRMAN OF THE NBA BENIN BRANCH ON THE OCCASION OF THE VALEDICTORY SPECIAL COURT SESSION TO MARK THE RETIREMENT OF THE CHIEF JUDGE OF EDO STATE, HON. JUSTICE ESTHER AMENAGHAWON EDIGIN

PROTOCOLS:
Before I formed you in the womb I knew you, Before you were born, I set you apart; I appointed you a Prophet to the Nations.
Jeremiah 1:5
My Lord the celebrant, permit me to use the female gender pronoun to describe you where necessary though not appropriate so that I can flow with the speech.
The above excerpt from the book of Jeremiah captures the life and tenure of My Lord the Honourable the Chief Judge of Edo State who was sworn in as the seventh Chief Judge of Edo State on Nov. 22, 2019, following the retirement of Hon. Justice Esohe Francess Ikponmwen. At the time when His Lordship the retiring Chief Judge was taking over the reins of leadership, a disease that would alter the course of history was in its nascent stages in the city of Wuhan, China. What had appeared to be a bad flu at the time later turned into a global pandemic which altered how the world behaved. Despite the setback brought by this pandemic, His Lordship like the Biblical Esther marshalled all the resources at her disposal and bestrode this space like a colossus. It is a testament to His Lordships foresight and teleguiding that though the business of dispensing justice was hampered by the pandemic, it was not brought to a complete halt. For this, His Lordship must hold her head high.
As it is customary at events like this, we will take a fine-tooth comb to go through His Lordships formative years to distil the events which prepared His Lordship for this onerous role of shepherding the Judiciary in Edo State. My Lord, then a young girl commenced her primary education in 1961 when she was enrolled in St Mathias Primary School, Okesuna, Lagos State. His Lordship later moved to Adrao International School and obtained her Primary School Leaving Certificate from the prestigious Corona School, Victoria Island, Lagos in 1968. Between 1969 to 1973, His Lordship furthered her education at the Federal Government College, Warri and later got her Higher School Certificate from the Idia College Benin in 1975. His Lordship gained admission to study Law at the Faculty of Law, the University of Lagos in 1975. Upon His Lordships graduation from the University, His Lordship proceeded to the Nigerian Law School for vocational training and was called to the Nigeria Bar on 17th July 1979. For the mandatory Nigerian Youth Service, His Lordship was posted to the Public Complaints Commission, Ikoyi Lagos. After the mandatory Youth Service, His Lordship cut her teeth in the legal profession from the Law Firm of F.O. Akinrele, SAN & Co. She practised in the city of Kano. His Lordship was appointed a Magistrate Grade I in the Kano State Judiciary and rose to the position of Chief Magistrate Grade II in 1988. In 1989, His Lordship joined the defunct Bendel State Judiciary as Chief Magistrate Grade II and rose to the position of Chief Magistrate Grade I in 1993. In 1999, His Lordship was appointed as Deputy Chief Registrar (Administration) and later appointed as Chief Registrar of the Edo State High Court in the same year. His Lordship held this position till 2001 when she was appointed a Judge of the High Court of Edo State and served in various judicial divisions of the High Court. His Lordship attended many conferences, local and international in the cause of her judicial career. She is also a recipient of various awards including that of the Lion Bar Lifetime award.
Other notable judicial postings held by His Lordship include a member of the Election Petition Tribunal for National and State Legislative House, Enugu State in 1993, member of the Election Petition Tribunal for Governorship Election, Bayelsa State among others.
His Lordship in the cause of her career on the High Court bench made notable courageous and bold pronouncements which today have enhanced and enriched our legal jurisprudence as they are instructive and reference materials to lawyers and all who seek knowledge of the law. One of which is the case of CHIEF OGHOYAFEDO ERIBO & 10RS VS MR. SOLOMON ARASE, THE HONOURABLE ATTORNEY GENERAL OF EDO STATE delivered on the 24th of July 2019 in an originating summons in Suit No. B/21/OS/19 where His Lordship held while giving effect to Section 39(1) of the Land Use Act;
I find that this originating summons has merit and the following decisions are hereby made:
It is declared that the jurisdiction to determine issues of title to land and ownership of property is exclusively vested in the High Court of the State and Federal Capital Territory by virtue of the Land Use Act.
It is declared that the Private Property Protection Taskforce lacks the jurisdiction and competence to decide or pronounce on issues of title and ownership to land.
The Private Property Protection Taskforce, their officers and servants are perpetually restrained from deciding or pronouncing on issues of title or ownership of property in relation to the Claimants in this suit and any other matter that may be before them henceforth.
Similarly, His Lordship in a judgment delivered on the 29th of March, 2018 in Suit No. B/88/2004, MRS. VILNA EWEKA & ANOR VS PRINCESS KATE ORONSAYE (Nee Eweka) & 4ORS, while granting the Claimants reliefs seeking a declaration of title to land held thus;
In the instant case, the 2nd Defendant having not been able to show or prove that his father D. Oronsaye did not sell the land in dispute to J. A Eweka and being not able to show that the land in dispute was not genuinely in possession of his father after J.A.Eweka died, or that same was transferred to him by his father as a birthday gift, I find and hold that he had no authority or radical title to transfer or sell the land in dispute to the 3rd Defendant and since the 3rd, 4th and 5th Defendants relied on the purported title of the 2nd Defendant which has not been established, they have no radical title to be on the land in dispute.

Every unlawful and unauthorised entry on land in possession of another is a trespass for which action in damages lies even if no actual damage is done to the land and fixture in it. When a person alleges to have possession, an interference with it is an actual trespass.
A distinguished Fellow of the Chartered Institute of Mediators and Conciliators, His Lordships judicial career has been characterized by her great passion and advocacy for the Alternative Dispute Resolution (ADR) mechanism. It is important to state here that all Judges, Magistrates and Area Court Presidents in Edo State are now ADR trained. It was, thus, no surprise that His Lordship organised the first-ever Settlement week under the Chairmanship of Hon. Justice Emmanuel Ahamioje. This exercise you will agree with me was a huge success, we, therefore, sue for its sustenance. His Lordships passion for ADR was also expressed in her judgment in CHIEF OGHOYAFEDO ERIBO & 10RS VS MR. SOLOMON ARASE, THE HONOURABLE ATTORNEY GENERAL OF EDO STATE (Supra). His Lordship held thus;
If the Taskforce is desirous of settling parties by employing the Alternative Dispute Resolution (ADR) system then its resolutions and decisions must be seen to reflect the mode of Alternative Dispute Resolution employed, eg mediation, conciliation, negotiation, etc to which parties concerned must volunteer and be willing to submit to such mode of settlement.
It will not be out of place to say that His Lordships judicial philosophy is encapsulated in the well-articulated prayers of St. Francis of Assisi who lived between 1180 and 1226. The Great Saint was renowned to have always prayed;
"Lord, make me an instrument of your peace. Where there is hatred let me sow love. Where there is injury let me sow pardon. Where there is doubt let me sow faith. Where there is despair let me give hope. Where there is darkness let me give light. Where there is sadness let me give joy.
His Lordships love for learning and innovation was brought to the fore by the challenges posed by the COVID-19 pandemic. She was one of the first Heads of Court in Nigeria to issue practice directions for virtual proceedings. Other innovations by His Lordship include the creation of a Small Claims Court to speed up the hearing of cases. His Lordship could also be found providing thought leadership at various seminars and fora where her presentations were lucid, cerebral and contributed a lot in enriching the conversations.
FINANCIAL AUTONOMY FOR THE JUDICIARY
In his response to the Minister of Finance after his comments on the parlous state of Nigerias finances rubbed off on some persons, His Excellency, Governor Godwin Obaseki admonished leaders not to play the ostrich. I will be taking His Excellencys very timely advice and not play the ostrich by speaking on the Industrial action embarked upon by the Judiciary Staff Union of Nigeria (JUSUN) which has grounded courts activities across Nigeria for the better part of two months. The agitation embarked upon by this Union is asking State Governors to give effect to the provisions of Section 121 (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) by implementing financial autonomy for the judiciary and the States Houses of Assembly.
In 2013, the Judiciary Staff Union of Nigeria (JUSUN) instituted an action constituted as Suit No: FHC/ABJ/CS/667/13 against the National Judicial Council, the Attorney-General of the Federation and the Attorney-Generals of the States, and claimed reliefs for the implementation of the financial autonomy of the Judiciary under the provisions of the 1999 Constitution. The Honourable Justice Adeniyi Ademola of the Federal High Court, Abuja, delivered judgement in the suit on the 14th of January, 2014, and granted the following reliefs:
A declaration is hereby made that the 2nd-74th Defendants failure, neglect and/or refusal to pay the Funds/Amount standing to the credit of the States Judiciary, is a Constitutional breach which has to be abated forthwith.
That an Order is hereby made that the piece-meal payments/allocation of funds through the States Ministry of Finance to the States Judiciary at the 2nd-74th Defendants pleasure is unconstitutional, unprocedural cumbersome, null, void and be abated forthwith.
That an Order is hereby made mandating/compelling the 2nd-74th Defendants to comply with the provisions of Section 81(3), (4) (3) and 162(9) of the 1999 Constitution (as amended) in the disbursement of funds to the heads of Courts forthwith.
That an Order of Perpetual injunction is hereby made, restraining the 2nd-74th Defendants, their agents, assigns, privies etc from committing any further breach of the aforesaid Constitution/statutory provisions.
The Federal High Court granted all the reliefs sought by JUSUN but 8 years later, many States if not all have failed, refused and/or neglected to implement this order. In 2015, JUSUN embarked on a nationwide strike to compel the Governors to implement this order but to no avail. The Edo State Chapter of JUSUN is still reeling from the industrial action embarked upon then and the non-payment of the seven months salary owed the workers hence they did not partake in the ongoing nationwide strike.
I should restate the importance of a functioning and active Court system to the sustenance of our democracy. Mustapha J.S.C (as he then was) in the case of Attorney General, Abia State vs Attorney General Federation and Ors (2006) 16 NWLR (Pt 1005) pg 265 at 454 para A-D; put it as follows:
“It is also important to bear in mind that the judiciary, especially the Supreme Court in particular is an essential integral arm in the governance of the nation. It is the guardian of the constitution, charged with the sacred responsibility of dispensing justice for the purposes of safeguarding and protecting the constitution and its goals. The judiciary when properly invoked has a fundamental role to play in the structure of governance by checking the activities of the other organs of government and thereby promoting good governance, respect for individual rights and fundamental liberties and also ensuring the achievement of the goals of the constitution and not allow the defeat of such good goals and intendment. It is the duty of the court to keep the government faithful to the goals of democracy, good governance, for the benefit of the citizens as demanded by the constitution
This sacred duty must not be trifled with, hence why the judiciary's autonomy is important. Permit me to state that I have been quoted at various public fora stating that apart from Dr Samuel Osaigbovo Ogbemudia (of blessed memory) no other Governor in Edo State has made so much intervention in sorting out the infrastructural challenges of the Judiciary than the present Governor of Edo State, Governor Godwin Obsaeki and for this we are thankful. When His Excellency granted the audience to the Bar on 27th of April 2021, His Excellency stated that he believes in the financial autonomy for the judiciary and the independence of the other arms of government and we believe this is the hallmark of a democrat. However, as we speak today, the Judicial Service Commission is unable to appoint Magistrates, Area Court Presidents and staff for the judiciary leading to a shortage of skilled hands to run the affairs of the judiciary, thus, leading to slower resolution of cases and the attendant loss of confidence in the judiciary.
The Executive, the Legislature and the Judiciary must understand the need for each Arm of Government to be complementary of each other, in the interest of good governance, sustenance of our democracy and by extension the nurturing of all the institutions that are established to keep our nation, running and effective. This is known as the separation of powers. Effective separation of powers will lead to an improved nation which we can be proud of.
In the Edo situation, I shall however resist the temptation of saying more as there is already a Committee in place with membership drawn from the five (5) branches of the NBA in Edo State, led by Elder J.O Aghimien SAN with Dr Osagie Obayuwana as Secretary with a mandate to determine among others the existence or otherwise of financial autonomy in Edo State.
THE STATE OF THE NATION
Due to the rising spate of insecurity in our country among other burning issues, the Southern Governors forum met at Asaba, Delta State early last week where far-reaching decisions were taken including calling for devolution of powers and a national dialogue. The measures advocated by the Governors are all timely and necessary. The calls advocated for by the Governors are important if we must stem the tide of the rapid decline of the Nigerian state. The 12-point communique was a beautiful document to read and contains practical and timely solutions. The time has come for new thinking that will solve what currently seems like intractable problems plaguing the Nigerian state. In the words of Albert Einstein:
The significant problems we have cannot be solved at the same level of thinking with which we created them.”
This new-found unity of the Southern Governors and the far-reaching and concrete measures they have proposed have of course ruffled some feathers who are crying blue murder and saying that as elected representatives, the Governors should not have said what they said. In response to these persons, our position is that the Governors said what they said because they are elected representatives of the people and the content of the communique largely reflect the prevailing sentiments of their constituents. We urge the Governors not to go back on these resolutions but instead to go further and give these resolutions teeth. They must also not take the opposition which this meeting has brought in its wake for granted and must be ready to band together to defend the interest of their people. In the words of Obierika to Okonkwo in Chinua Achebes seminal work Things Fall Apart
And How can he when he does not even speak our tongue? But he says that our customs are bad, and our own brothers who have taken up his religion also say that our customs are bad. How do you think we can fight when our own brothers have turned against us? The white man is very clever. He came quietly and peaceably with his religion. We were amused at his foolishness and allowed him to stay. Now he has won our brothers, and our clan can no longer act like one. He has put a knife on the things that held us together and we have fallen apart.
My only disappointment in the communique when I read it with bated breath was that I was hoping to see a resolution to the effect that autonomy for the other arms of government would be guaranteed. Alas, I was disappointed as not even a mention was made of it despite an ongoing industrial action that has crippled the Judiciary in the country. If we are to salvage Nigeria from this unfortunate trajectory it is on, it is in our enlightened self-interest to make sure other arms of Government are autonomous.
APPRECIATION
May I state that as a Bar, His Lordship has been a very important personality in the history of the Benin Bar. Let me place on record that it was during His Lordships service as Chief Registrar of the High Court, with Hon Justice Constance Rakiya Momoh as Chief Judge that the land which the Bar House sits on today was allocated to the Bar. His Lordship has gone further to approve another parcel of land measuring approximately 50ft x 120ft contiguous to the current Bar House for the building of the Bar House extension. We are now the envy of other branches of the NBA across the country particularly those who do not even have a Bar House. For these gestures, we remain eternally grateful. This is not a Bar that forgets its own, so during the monthly meeting of the Bar for April which held on the 11th of April, 2021, upon consideration of the various kind gestures demonstrated by His Lordship to the Bar coupled with her sterling and progressive-minded leadership, a unanimous resolution of the Bar was passed to name the ground floor of Block B of the new Lion Bar building already under construction after His Lordship, Hon. Justice Esther A. Edigin. Meanwhile, permit me to thank Your Lordship for the historic laying of the foundation stone by you for the commencement of the new building. The Branch in appreciation of Your Lordships contributions in form of service and your sterling qualities also went ahead to host a send forth party in honour of His Lordship which held on the 13th May 2021 at Homeville Hotel. Benin City. In that ceremony attended by Hon. Judges of the Edo State Judiciary, Senior Advocates of Nigeria and past Chairmen of the Lion Bar, the Young Lawyers Forum (YLF) of the Branch not wanting to be outdone also organised an essay competition for young lawyers in honour of His Lordship. On behalf of the Bar, we remain grateful for the hand of fellowship you have extended to us, we love you and we will surely miss you. We are however consoled and trust that your cerebral, suave and debonair successor, Hon. Justice Joe Itsebaga Acha, Acting Chief Judge who himself is a direct product of the Lion Bar and with good standing with the Bar will sustain this friendship and even take it to greater heights. We know that the promise in 1 Corinthians 2:9: will be His Lordships portion. It reads;
But as it is written, Eye hath not seen, nor ear heard, neither has it entered into the heart of man, the things which God hath prepared for them that love him.
My Lord the celebrant has had a distinguished career on the bench having served meritoriously and without blemish. A quintessential, incorruptible and erudite Judge with the gift of the garb. She has defended the cause of justice and upheld the rule of law. She has lived up to and kept faith with her oath of office as a judicial officer. Now that my Lord retires with dignity and honour from service, I make bold to say that her efforts would certainly not be left unrewarded by God who has promised to reward His faithful stewards.
May I use this opportunity to appeal to His Excellency the Governor of Edo State to graciously approve the prompt payment of my Lords entitlement which has been the practice before now.
As I conclude this address, permit me to say that His Lordship does not look 65 at all. At a gala nite organized by the Edo State Judiciary yesterday, 16th May, 2021, His Lordship was simply amazing in her dance steps which left many well-wishers to conclude that she could not have been above 35 years old. She has the agility and sprightliness of a youngster, soft-spoken, fit, intelligent and with radiating beauty. Her looks belie her age. Little wonder on my recent official visit as Chairman of the information subcommittee of the Administration of Criminal Justice Monitoring Committee with Mrs F.N. Edokpolor, Secretary of the Administration of Criminal Justice Monitoring Committee and other members of the subcommittee, to the Edo State Commissioner of Police, Philp Aliyu Ogbadu, the Commissioner while being informed of Your Lordships soon retirement and on the need for him to attend the Monitoring Committee meeting as a member to honour my Lord instead of sending a representative all the time, The Commissioner confessed that His Lordship did not look 65 at all. In his words, that woman still sharp well well I no grsee, she never reach 65. May I also implore His Lordship that while she goes ahead to enjoy a well-earned retirement in the loving company of her husband and her beloved children and grandchildren, that she should always stand by the motto of the Boys scout which is Be prepared as we will always call on her for advice and to drink from her wealth of knowledge and experience. Though the temptation is to sing like the Biblical Prophet Simeon did when he said:
Nunc dimittis servum tuum, Domine. Secundum verbum tuum in pace. Quia viderunt oculi mei salutare tuum, (Lord, now let thy servant depart in peace according to thy word. For mine eyes have seen the salvation of our God)
The retirement is deserved and indeed your husband and your children desire you at home but you are a golden fish and a golden fish has no hiding place, so, please do not hide your face from us.
We congratulate His Lordship on achieving this milestone age and we pray in the words of St. Thomas Aquinas, one of the greatest Doctors of the Church:
The Lord gives you a steadfast heart which no unworthy thought can drag downwards; an unconquered heart which no tribulation can wear out; an upright heart which no unworthy purpose may tempt aside. That the Lord
Bestows upon you an understanding to know him, diligence to seek him, wisdom to find him, and a faithfulness that may finally embrace him; through Jesus Christ, our Lord, Amen.
I also pray; May God bless your going out and your coming in, May He go before you to direct you, behind you to protect you, and above you to strengthen you, all the days of your life, Amen.
Like Julius Ceasar, Your Lordship, you can shout from the mountain tops Veni Vidi Vici for you have indeed come, seen and conquered and paraphrasing the Apostle Pauls letter in 2 Timothy 4:7-8, My Lord you have fought the good fight, you have finished this public service race and most importantly, you have kept fidelity to your oath of office. Now is laid for you the crown of glory
Happy Birthday, My Lord and Happy Retirement!!!!
Ad multos annos.

Pius I. Oiwoh
Chairman NBA Benin Branch