BABATUNDE FASHOLA
I am delighted to be here today as lecturer in honour of a truly outstanding Nigerian, jurist and patriot, the late Justice Chukwunweike Idigbe, who sadly left us on 31st July 1983, about 43 years ago. What then was it about this Nigerian whose legacy is imperishable? Indeed, it was many things, from a family that continues to celebrate him, to colleagues whose professional trust and respect he earned, to success as a professional and I dare say he was fairly rewarded as a legal practitioner so he was not poor. But perhaps the reason for his reverence and celebration in life and in death was his service and sense of duty to Nigeria and his fellow citizens.
That is why I have exercised the latitude given to me to choose my topic, to title my speech: Duty and Citizenship: The Social Contract. Justice Idigbe was a dutiful citizen and worthy Nigerian patriot. When I was invited to intervene at his memorial lecture earlier this year, I was asked to review his judgement in the case of Bucknor-MacLean vs Inlaks report in (1980) 8 11 SC 1. That case for me demonstrated Justice Idigbe’s humanity, compassion, sense of justice and fairness to his fellow citizens.
On the face of it, it looked like just another case about the interpretation of Section 14 of the Registration of Titles Act, and the matter seemed foreclosed because the Supreme Court had decided cases like Shell BP Petroleum Company v Jammal Engineering Nigeria Ltd 1974 (1 ALL NLR 542) and Owunmi v Paterson Zochonis & Co Nigeria Ltd 1974 (1 ALL NLR 107.). These cases had decided that any transfer of title under the Registration of Titles Act must use the Forms prescribed under the Act to be valid.
I can only imagine what Justice Idigbe was thinking? The people who came to challenge the validity of the interest created in land under the Act, were successors of the person who created the interest. In other words, they sought to nullify an interest they had created by relying on a non-compliance that they had been part of after collecting money. It smelt of fraud at the worst and inequity at its fairest.