The legal profession in Nigeria is littered with various descriptions of greatness, particularly of those who claim it. The Late Hon. Justice Kayode Eso JSC, CON, CFR was one of those few who actually embodied it. Fondly remembered for being very bold, fearless and courageous the public presentation and launch of the book Justice Kayode Eso ‘Beacon of Judicial Activism’ today at the Sheraton Hotel Ikeja, Lagos should be a reminder to us all, of the level of professionalism, discipline and integrity required on the Bench.

Former NBA President, Chief Wole Olanipekun, SAN is expected to chair the event, while the Acting Chief Justice of Nigeria, Hon. Justice Walter Onnoghen has been pencilled down as the Guest of Honour. The father of the day for the book launch is Aare Afe Babalola, SAN, while the Chief Launcher and Book Reviewer are Alhaji Aliko Dangote, President, Dangote Group of Companies and Professor Ademola Popoola, Dean of Law, Obafemi Awolowo University, Ile Ife.

Ogbeni Rauf Aregbesola, Governor of the State of Osun is the Chief Host, while Royal Fathers of the day are HRH Oba (Dr) Sikiru Adetona, Awujale of Ijebuland and HRH Oba Rilwan Akiolu, Oba of Lagos. The Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, Ojaja II is the Host Royal Father. Life of Hon. Justice Eso The Late Justice Kayode Eso who died on 16th November, 2012 was born on 18th September, 1925 in Ilesa, Osun State. He entered Ilesa Grammar School in 1940 and completed his Secondary education there in 1944.

He finished as the best graduating student and was given the proficiency prize of Ilesa Grammar School. In 1946, he took the University of London matriculation. He was later admitted into Trinity College, Dublin where he obtained both his Bachelors and Masters Degrees in Law. He was called to the English Bar in 1954 at Lincoln’s Inn. On his return to Nigeria, he was initially based in Jos in Northern Nigeria, where he engaged in private legal practice. He was later to join the Government of Western Nigeria, initially as State Counsel and later as Senior Crown Counsel II from 1960 to 1961 and later Senior Crown Counsel I from 1961 to 1962. He later became Principal State Counsel from 1962 to 1964 and the Principal Legal Draftsman and Head of the Legal Division from 1964 to 1965.

Subsequently, the Late Justice Kayode Eso was appointed as an Acting Judge of the High Court of Western Nigeria on the 8th of March, 1965. Later that same year, he became a substantive Judge of the High Court of Western Nigeria. On the 1st of March, 1967, upon the creation of the Western State Court of Appeal, the late Justice Kayode Eso was appointed a Justice of that Court. At that time, he held the distinction of being the most junior High Court Judge to be elevated to the Western State Court of Appeal. He later rose to become acting President of the Western State Court of Appeal. After the abolition of the Western State Court of Appeal, he was appointed upon the creation of Oyo State as the first Chief Judge of that State in January, 1978, a position he held until 18th September 1990 when he was elevated and appointed as a Justice of the Supreme Court.

Landmark Judgements Some of late Justice Eso’s celebrated landmark judgements include the verdict of not guilty upon Wole Soyinka in the case of the “Mystery Gunman” in the mid 1960s, when armed with a gun, he forcibly took over a Radio Station in Ibadan, Western Nigeria and the celebrated case of AWOLOWO v SHAGARI, in 1979. In the Shagari case, the Supreme Court in deciding the law relating to election cases by a majority of 6-1, affirmed the election of Alhaji Shagari as the duly elected President of the Federal Republic of Nigeria. However, Justice Eso’s courageous dissenting judgement in this case, stole the hearts of many, and it has remained a reference point till this very day. In his opinion, 2/3 of 19 states could only be 13 and not 12 2/3.

In another case of interest, ABAYE OFILI v IKEM UCHE (1986), late Eso had this to say
on the validity or otherwise of an Act –
“If an act is void, then it is in law a nullity. It is not only bad but incurably bad. There is no need for an order of court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court to declare it to be so.”

The late Justice Kayode Eso was also a critic of the extensive and unfettered powers of the AttorneyGeneral when he once said
“……………Attorney-General has, at common law, been a master unto himself, law unto himself and under no control whatsoever, judicial or otherwise, vis-à-vis his powers of instituting or discontinuing criminal proceedings.”

Most of the judicial exploits of the late Justice Kayode Eso have been narrated and chronicled by Professor Yemi Akinseye George, SAN and the late Professor (Emeritus) J. F. Ade-Ajayi in “The Making of a Judge” (long regarded as the late Justice Kayode Eso’s official biography). If that book is anything to go by, then this new book titled “Beacon of Judicial Activism” is one that should be included in the legal libraries of all lawyers, judges and academics alike, and my simple advice is – just go out and get one, so that you can enjoy and feel the true practice of law from the perspective of one of Nigeria’s most erudite, clear minded and thorough bred judicial activists.
“HOWEVER, JUSTICE ESO’S COURAGEOUS DISSENTING JUDGEMENT IN THIS CASE, STOLE THE HEARTS OF MANY, AND IT HAS REMAINED A REFERENCE POINT TILL THIS VERY DAY. IN HIS OPINION, 2/3 OF 19 STATES COULD ONLY BE 13 AND NOT 12 2/3”

The Source: The Thisday News