Mohammad Lawal Uwais (1936-2025)

The passing of Honourable Justice Mohammad Lawal Uwais, GCON, former Chief Justice of Nigeria, on June 6, 2025, marks a major depletion of eminent jurists of his generation. Even at 89 years, he will be sorely missed, having taken a bow at a time when his vast expertise and experience could have provided a much-needed buffer in Nigeria’s legal and political systems.  He sat at the Supreme Court with notable and highly respected jurists such as Justices Mohammed Bello, Kayode Eso, Chukwudifu Oputa, Andrews Obaseki, and Augustine Nnamani, among others, at a time regarded as the court’s golden era. Beyond the Bench, Uwais will be remembered for the many remarkable recommendations on electoral reforms made by the Electoral Reform Committee of 2008, which he chaired.
 
Born on June 12, 1936, in Zaria, Kaduna State, Justice Uwais embarked on a legal journey that would eventually span over three decades. He was called to the Bar at the prestigious Middle Temple in London in 1963. Returning home, he began his career as a State Counsel in the Northern Region and rapidly ascended the judicial ladder. By the age of 36, Justice Uwais was already serving on the High Court Bench and was elevated to the Federal Court of Appeal (as it then was) at the age of 41. He had ascended to the Supreme Court at the age of 43 — a meteoric rise powered by brilliance, integrity, and an unwavering commitment to the legal profession.
 
Justice Uwais served as a justice of the Supreme Court of Nigeria for approximately 27 years and was the second-longest-serving justice of the court.  He presided over almost all the constitutional cases decided by the Supreme Court from 1999 to 2005. When he did not write the lead judgment in these constitutional cases, he wrote supporting judgments.
 
He will be remembered as a revered justice par excellence, a model of dignity, an embodiment of diligence, an unrepentant advocate of constitutional supremacy, an ardent law reformer, a staunch defender of the rule of law, fair hearing, and democratic principles, and a protector of the rights of ordinary citizens. As the Nigerian Bar Association (NBA) rightly asserted: “Justice Uwais was more than a jurist; he was a pillar of the Nigerian Judiciary and a beacon of integrity, scholarship, and reform.” His contributions to national development transcended the Bench and reached deep into the very foundations of the Nigerian state.

Justice Uwais’ 11-year tenure as the CJN was marked by judicial reforms, stability, and the promotion of judicial independence. He was instrumental in the establishment of the National Judicial Council (NJC), which remains central to upholding the independence and integrity of the Nigerian judiciary.
 
He demonstrated sound legal intellect, a deep sense of justice, and advanced critical reasoning in adjudicating cases. His decisions reflected the profound ability to pierce through the letters of the law to discern the spirit of the law before drawing conclusions. His judgments were also founded on an ethical and jurisprudential substratum, portraying his astute appreciation of what substantial justice entails.
 
Justice Uwais authored several landmark decisions that continue to stand out as unmatched precedents in Nigeria’s constitutional and legal development. In the words of Prof. Taiwo Osipitan, SAN, Uwais’ decision in Abraham Adesanya V. President of Nigeria “remains the guiding light on locus standi in Nigeria despite various attempts to diminish its potency. The case has survived judicial onslaughts and outlived the criticisms of the academia.” 
 
He was a courageous law lord who minced no words in calling a spade by its name. Uwais, in Attorney-General of Bendel State V. Attorney-General of the Federation, nullified the Money Bill passed by the National Assembly, which had been assented to by the President, for violating the provisions of the 1979 Constitution.
 
Despite acknowledging that the courts lack the jurisdiction to challenge the legislative competence of the military governments to promulgate Decrees or Edicts, Justice Uwais boldly proceeded to hold that the courts have the power to declare a Decree or Edict invalid on grounds of inconsistency with other superior laws.
 
In The State V. Ilori, Justice Uwais held that the power of the Attorney-General to enter a nolle prosequi can be subjected to judicial review where there is an allegation of abuse of office or misconduct. In resolving appeals arising from election petitions, Justice Uwais consistently maintained that the provisions of the Electoral Act of 1982, which imposed time limits for the disposal of election petitions, were unconstitutional as they violated petitioners’ rights to a fair hearing.
 
As an institution with a duty to strike a balance between stipulated timelines and litigants’ fundamental right to fair hearing, the court should follow the path of Uwais by adopting a simplified electoral adjudicatory process, and also relaxing its strict adherence to procedural technicalities in the overriding interest of justice.
 
Justice Uwais’s dedication to serving his fatherland resurfaced in 2008 when he agreed to head the Presidential Electoral Reform Committee (PERC) set up by the Umaru Musa Yar’Adua government even after retiring from office. Under his leadership, PERC presented a sweeping blueprint to correct structural and legal electoral deficiencies.
 
Among other decisions, it recommended that the appointment of the Chairperson and board of the Independent National Electoral Commission (INEC) should be handled by the NJC; the establishment of an Electoral Offenses Commission; the introduction of independent candidacy; non-swearing of elected officials into offices until all legal disputes regarding their elections have been conclusively resolved. Sadly, many of the core recommendations of the Committee remain unimplemented. When presiding over the PERC, Justice Uwais worked as a team member with other panellists and never insisted on having the first and only say.
 
A historic incident that seems to cast a shadow over his judicial career played out during the hearing of an appeal case involving Globe Motors V. The Honda Place at the Supreme Court on Tuesday, June 21, 2005. The Counsel to Globe Motors openly accused Justice Uwais of corruption and bias. However, Uwais refused to join issues with the counsel and, rather, exhibited incredible self-restraint by not invoking his judicial powers to summarily commit the lawyer for contempt in the face of the court. Nevertheless, there is a convergence of opinions that Uwais was a man of integrity, honour and discipline who served Nigeria meritoriously.
 
Beyond verbal condolences, the federal government should ensure that the labours of Justice Uwais, particularly on electoral reforms, are not in vain. The government can do this by implementing salient parts of the PERC’s report, in order to deliver the dividends of democracy to the citizens.
 

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