THE PRESIDENT SPEAKS AT THE VALEDICTORY SESSION IN HONOUR OF HIS LORDSHIP HON. JUSTICE IKECHI FRANCIS OGBUAGU
- 28-9-2010
The President of the NBA Joseph Bodunrin Daudu SAN on behalf of the NBA wished Hon. Justice Ikechi Francis Ogbuagu a retiring Justice of the Supreme Court a happy retirement. The President expressed these wishes on behalf of the bar in his speech during the ceremony. He also asked the Judge to always oblige the NBA whenever they come for a piece of his rich experience.
In his speech, the NBA President gave the bio data of the valedictorian; he also outlined his performance whilst on the bench notable among which is his lead judgment in Owners of the MV Arabella v NAIC (2008) 11 NWLR PT 1097182 where his lordship held as follows at pg 206-207 para H-A with regards to the applicability of the mandatory provisions of Section 97 of the Sheriff and Civil Process Act to writ of summons issued out of the Federal High Court. (Whose writ had hitherto or prior to this decision been assumed to run unimpeded throughout the federation without the necessity of seeking leave) ‘The provisions of the Act guide the service of processes of the Federal High Court as a court established by the National Assembly. See the case of Union Beverages Ltd v Adamite Co ltd (1990) 7 N.W.L.R (Pt 162) 348 C.A Service of a writ outside the jurisdiction of the court is not a C.A Service of a writ outside the jurisprudence of the court is not a matter of court’s discretion. Not only is it provided for in the said Rules of the Federal High Court which provision it must therefore be obeyed, it is crucial in the prosecution of an action…… I note that even the issuance of the said writ of summons which was not endorsed for service of the defendants outside jurisdiction was rightly declared by the learned Judge as void. This is because of the mandatory provisions of Section 97 of the Sheriffs and Civil Process Act.
The NBA President while still speaking addressed issues facing the Bar and the courts like, delays in the disposal of appeals, corruption and the legal profession and appointment of Supreme Court Justices.
Finally he assured the valedictorian that all the issues addressed were to ensure that the bench he is leaving behind does not suffer any diminution in standards and wished him good health and comfort in his well deserved retirement.
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