Fmr CJN Katsina-Alu dies at 76

A former Chief Justice of Nigeria (CJN), Justice Aloysius Iyorgyer Katsina-Alu, died yesterday at the age 76, in an Abuja hospital after a brief illness, Daily Trust has learnt.

Katsina-Alu, who was born on August 28, 1941 in Ushongo Local Government Area of Benue State, was Nigeria’s CJN from December 2009 to August 2011.

He had his primary education at the RCM Primary School, Aduku; St. Ann’s Primary School, Turungwa and St. Patrick`s Primary School, Taraku, before proceeding to Mount St. Michael’s Secondary School, Aliade.

Katsina-Alu who enrolled in 1962 at the Nigerian Military Training College, Kaduna, also attended Mons Military Training College, Aldershot, England.

He is survived by five children, having lost his wife, Victoria Mimidoo Katsina-Alu in 2011. She died after a tree fell on her as she and her husband were about to retire for the night at their Ushongo country home.

Confusion over swearing-in

During his time as CJN, Katsina-Alu faced with major controversies, ranging from his delayed swearing to the Sokoto election panel, his retirement age, his clash with lawyers over SANs inauguration and his valedictory session.

The first controversy that dogged Justice Katsina-Alu was his swearing in on December 30, 2009 by his outgoing predecessor, Justice Idris Legbo Kutigi despite the requirement in the Second Schedule of the Oath Act, Laws of the Federation and the Constitution of the Federal Republic of Nigeria, 1999 that he be sworn in by the President.

But then President Umar Yar’Adua was ill abroad and did not transmit the letter nominating Katsina-Alu, and did not hand over power to his deputy, Goodluck Jonathan.

Justice Kutigi cited his turning 70, the statutory age for retirement for judges on the midnight of the date he administered the oath, thus creating a situation where for the first time an out-going CJN was inaugurating his successor.

Justice Katsina-Alu was also noted to be the only CJN, who did not turn up for his valedictory programme. He was invited but refused to honour the event.

Sokoto election panel tango with Justice Salami

Former President of the Court of Appeal, Justcie Ayo Isa Salami stirred fresh controversy when he rejected his promotion to the Supreme Court in February, 2011.

Justice Salami, who was sworn in as the fifth President of the Court of Appeal on the same day Justice Katsina-Alu became the 11th indigenous Chief Justice, accused Justice Katsina-Alu of trying to influence the verdict on the Sokoto Governorship Election Tribunal, after he refused to disband it.

The controversy divided the nation’s top echelon into camps. On February 9, 2011, the National Judicial Council (NJC) rose from its emergency meeting and threw its weight behind Justice Salami following the controversy surrounding his elevation to the Supreme Court.

The NJC later constituted a five-man probe panel headed by retired Justice Umaru Abdullahi, which looked into allegations of professional misconduct against the then CJN by the PCA.

However, after five months of investigation, the NJC in August, 2011 came out with its report indicting Justice Salami for professional misconduct by acting contrary to Rule 1(1) of the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

The panel also accused the PCA of perjury for deposing to false information against the CJN in a court affidavit. The NJC retired Justice Salami despite withdrawing the affidavit.

Retirement age controversy

Rumours of age falsification against Justice Katsina-Alu were thrown up by persons, who accused him of plotting to extend his tenure in May, 2011.

The reports had claimed that while his date of birth is placed as May 28, 1941 by the Supreme Court of Nigeria Staff Nominal Roll, the Current List of Council Members and their Expiration Date put his retirement age as August 28, 2011.

But the embattled CJN came out to debunk the reports explaining that he was born on 28 August, 1941 and due for retirement on 28 August, 2011 when he would have clocked 70 years.

“There has never been any controversy over this, as all his records from the date of birth through all the institutions he attended vis-à-vis the various organizations he has worked before being elevated to the office of the Chief

Justice of Nigeria have never been different from what they have always been,” he said then.

SANship squabble with NBA

Justice Katsina-Alu had in August, 2011 called the bluff of the Nigerian Bar Association (NBA) and inaugurated 30 new Senior Advocates of Nigeria (SAN) before his retirement. 

The NBA had favoured the usual September beginning of the new legal year for the exercise and threatened to boycott the programme and not to recognise any lawyer that participated in the exercise, but the CJN went ahead with the event.

Buhari, Saraki, Ortom, others pay tributes

President Muhammadu Buhari mourned Justice Aloysius Katsina-Alu, saying the deceased contributed immensely to structuring of Nigeria’s jurisprudence.

Buhari in a statement by his Senior Special Assistant on Media and Publicity,  Malam Garba Shehu extolled the virtues of the late erudite jurist, just as he affirmed his knowledge, experience and diligence impacted greatly on governance in Nigeria as he featured prominently in landmark cases.

He said the late Chief Justice left behind a legacy of discipline, brilliance and diligence that younger jurists should emulate.

Senate President, Bukola Saraki has expressed deep sorrow over the death of Justice Katsina-Alu.

Saraki in a statement by his Special Adviser on Media and Publicity, Yusuph Olaniyonu, described the late Justice as a patriotic and diligent public servant whose many well considered judgements enriched the nation's jurisprudence and contributed immensely to national development. 

He commiserated with the immediate family of the deceased, the Tiv Nation, the Judiciary, the Government and people of Benue State of the sad incident. 

Saraki said: "We have lost a worthy and exemplary Nigerian. We have lost a legal luminary who's numerous contributions to the development of the nation's judiciary cannot be quantified.” 

Benue State Governor Samuel Ortom said the death of Katsina-Alu had thrown the state into sadness and mourning.

In a statement by his Chief Press Secretary, Terver Akase, the governor described the late Katsina-Alu as a peace-loving man, patriot and father who built bridges for many others to cross.

He described his demise as a huge blow to the state in particular and a loss to the entire country.

Ortom said Katsina-Alu was among selfless Nigerians who upheld the truth, equity and fairness in service to the country.

The governor prayed for the soul of the eminent jurist and commiserated with the bereaved family.

The ruling All Progressives Congress (APC) has joined other Nigerians in mourning the death of Justice Aloysius Katsina-Alu.

The APC, in a release issued and signed yesterday by its National Publicity Secretary, Malam Bolaji Abdullahi, commiserated with his immediate family, the people and government of Benue State, as well as all Nigerians over what it called “sad and irreparable loss of a great statesman, legal luminary and patriot”.

 “We recall that Katsina-Alu who served as Chief Justice of Nigeria from December 30, 2009, to August 28, 2011, was an impartial and thorough judge. As a jurist, his contributions to the development of the Nigerian legal system cannot be quantified. He delivered numerous landmark judgements, wrote many legal papers and mentored several young lawyers.

 “As a statesman, the late Katsina-Alu often put national interest above self and other considerations. We have indeed lost a good man who was non-partisan, honest and frank.

“He will be sorely missed, especially now that the country needs his wise counsel and stabilizing voice. May his soul rest in peace,” the release read in part.

Meanwhile, Justice Katsina-Alu has been described as a brilliant, bold and courageous judge he set up committees that reformed major aspects of the justice sector.

He sat on over 406 cases, delivering 56 leading judgements, 346 concurring judgements and four dissenting judgments.

The General Secretary of the NBA, Isiaka Olagunju said the entire Bar is shocked over the new of his demise aged 78, because his experienced was still required at this time.

Former Attorney General of the Federation, Akin Olujimi (SAN) said he contributed his own quote to improve the justice sector.

Also speaking, the chairman of the NBA Criminal Justice Reform Committee, Arthur Obi Okafor (SAN) described him as a courageous and inspiring judge during his tenure.