The Chief Justice of Nigeria, Justice Walter Onnoghen on Tuesday described retired Justice Clara Ogunbiyi as a brilliant judge whose legacy would endure in the annals of the country’s jurisprudence.
Onnoghen said this at a valedictory session held in honour of the retired justice of the Supreme Court, CJN said.
“I urge younger members of the Legal Profession to emulate the fine qualities, which his lordship Justice Ogunbiyi embodied in her willingness to work for the best of all persons.
“I encourage those inspired by this wonderful jurist to walk the long arduous path, which like the proverbial narrow way always result in distinction and public recognition at the end.
“I further counsel all female jurists to see their brethren of this court as pioneers and trailblazers, worthy of emulation.
“My Lord, Hon. Justice Clara Ogunbiyi, once again, please accept the profound appreciation of the Nigerian Judiciary, all well-wishers, for your incalculable and invaluable contribution to the Nigerian Judiciary.
“I also pray that the Almighty God will fill your life with purpose, good health and serenity as you rest in your retirement’’, Onnoghen said.
The representative of the Attorney- General of the Federation, Body of Senior Advocates of Nigeria and the President of the Nigerian Bar Association were also on hand to shower encomium on the retired jurist.
On her part, Ogunbiyi expressed delight for the opportunity afforded her by the Federal Government to serve the nation at the highest level of her legal career.
She said the journey which ought to be tedious was made easy with cooperation among the justices.
On the volumes of appeals at the apex court, Ogunbiyi advised that the practice direction could be altered to narrow the numbers of appeals coming to the court.
Speaking particular against election matters, Ogunbiyi said the National Assembly should enact a legislation that would only allow presidential appeals at the apex court.
According to her, all other election matters including interlocutory appeals emanating from that dispute should be handled by the lower court.
The retired Justice thereafter expressed delight on the morale and educational training her parents gave to her, adding that parents should neglect the training of the girl child.
Ogunbiyi was called to bar in 1976 after obtaining her first degree in Law from the Ahmadu Bello University, Zaria in 1975.
Ogunbiyi, who was born on Feb.27, 1948, at Lassa, Borno State retired from the service after clocking 70 years.
The occasion was attended by family members, legal practitioners, politicians, including governor of Rivers State and representative of the governor of Borno .
NAN reports that in a landmark ruling on June 12, 2017, Ogunbiyi, who delivered the lead ruling, upheld the provisions of Section 306 of the Administration of Criminal Justice Act and Section 40 of the Economic and Financial Crimes Commission (Establishment) Act, which prohibit courts in the country from granting stay of proceedings in criminal trials.
Metuh and his company, Destra Investments Limited, approached the court to grant a stay of proceeding after he had filed a no case submission in his criminal trial, which was dismissed by the Federal High Court.
Metuh was on trial before Justice Okon Abang of the Federal High Court, Abuja, for laundering the sums of two million dollars and N400 million, which the defendants allegedly received unjustifiably from the Office of the National Security Adviser in 2014.
Ogunbiyi held that the provisions of both laws do not contravene the constitution.
On the contrary, she held that both provisions are in agreement with Section 36(4) of the constitution, which provides that any person charged with a criminal offence “shall be entitled to fair hearing in public within a reasonable time”.
According to her, it is only logical to interpret the spirit of the foregoing constitutional provision to translate that, where the grant of an application for stay will unnecessarily delay and prolong the proceedings, it should not be granted.
Justice Ogunbiyi held that the decision by the Supreme Court in 2016, granting a stay of proceedings in the trial of the Senate President, Dr. Bukola Saraki, before the Code of Conduct Tribunal, a case law cited by Metuh’s lawyer, Dr. Onyechi Ikpeazu (SAN), was irrelevant.
Justice Ogunbiyi held: “This court (the Supreme Court) pronounced also in Olubukola Saraki V Federal Republic of Nigeria (2016) 3 NWLR (Pt. 1500) SC 531 that the Code of Conduct Tribunal is not a court of superior record of jurisdiction, but a court of quasi-criminal jurisdiction.
“Therefore, the application of the cases to the circumstances of this case (Metuh’s case) cannot be relevant, as rightly submitted by the learned counsel to the first respondent (EFCC’s lawyer).
