24th December 2019 would go down in history as a black Friday [Christmas Eve] for me and several others connected to Honourable Justice Tom Yakubu: It was the day the heartbreaking news of the sudden demise of Justice Tom Yakubu of the Court of Appeal, Sokoto Divisionfiltered into the air. His death could be described as a peaceful transition to glory. We were informed that he went to bed hail and hearty the previous night but never woke up. This stark reality reminds us all the fact that nobody is too good, young or healthy to die at any point in time.
I had the privilege of meeting the late jurist for the first time in 2006 while he was still at the High Court of Justice, Kogi State. This was during my undergraduate days as a Law Student of Kogi State University (KSU), Anyigba. I met the noble law lord through the platform of Christian Law Students’ Fellowship of Nigeria (CLASFON). Justice Yakubu was one of the founders of the lawyers’ body of the fellowship in 1979 while he was in Nigerian Law School, Lagos.
Expectedly, he was a committed member and patron of the fellowship in KSU chapter despite his tight schedules and numerous engagements. From my personal encounter, I realized that he was practically committed, accessible and ever supportive. He utilized the opportunity to mentor and nurture as many students and younger generation that came in contact with him.
As a member of the fellowship EXCO at the time, I recalled how we had to ‘disturb’ his lordship on several occasions for guidance, support and encouragement. I must admit that he was a humble, dependable father, approachable and ever ready to make necessary sacrifices for the spiritual, moral and professional upbringing of the younger generations. There was never a time we visited him either in his office or at home without him sharing his guiding principle with us. He had as a guide a famous quote by Ellen G. White, an American author and Christian pioneer, to wit:
The greatest want of the world is the want of men – men who will not be bought or sold; men who in their inmost souls are true and honest; men who do not fear to call sin by its right name; men whose conscience is as true to duty as the needle to the pole; men who will stand for the right though heavens fall.
Justice Yakubu had the above quote framed and displayed in conspicuous places at home and in the office. Hardly would anybody visit him without being served a dose of his sermon on the above quote. No wonder it was easier for me to get his life principle ingrained in me having listened to his ‘integrity sermon’ on several occasions I had the privilege of meeting him.
Thankfully, Justice Yakubu was not like a politician or a typical Nigerian who would say one thing but do the complete opposite. On the contrary, Justice Yakubu, was a practicing Christian, thus an incorruptible judge. His life was aligned with the Holy Book in Acts 1: 1 which provides…of all that Jesus began to do and to teach. In other words, Justice Yakubu did not only teach or preach the above personal principle; he lived by it in the first place. As a matter of fact, anybody that knew or worked with him could attest to the fact that his lifestyle was exemplified by his creed. Therefore, he had moral authority to mentor and serve as role model to thousands of people from different backgrounds that came in contact with him in his career, social and family life. It is on this premise that Stephen Covey, the author of 7 Habits of Highly Effective People posited that moral authority comes from following unusual and timeless principles like honesty, integrity treating people with respect.
Accordingly, several of us felt privileged to have undergone the mentorship of Justice Yakubu, an icon of integrity. The decision to look up to him stemmed from the fact that he lived by what he preached. He knew the right way, walked the way and inspired others to follow suit. As a mentor, he made us see hope in ourselves. This assertion validates Oprah Winfrey’s yardstick of measuring a mentor as ‘someone who allows you to see hope inside yourself.
Justice Yakubu impacted lives positively. To me, this is the real definition of success. This is bearing in mind that real success is not measured in the amount of millions of dollars one makes, but the amount of lives one is able to impact positively. It is safe to concur with thousands of others that Justice Yakubu led a successful life.
Justice Tom Yakubu, despite being an erudite jurist, obviously was unpopular unlike many ‘super rich’ and ‘notable Judges’ in Nigerian judiciary. He was unpopular not because he was not brilliant or efficient in the discharge of duties, but because he lived by unpopular values of honesty, uprightness, integrity, justice and hard work. Sadly, these virtues hardly pay or get people celebrated in our present day society.
Shockingly, I am yet to read official statement or advertorial from the authorities of the Court of Appeal concerning the death of Justice Tom Yakubu. On the other hand, I was however not surprised that Justice Yakubu throughout his over 30 years career in the nation’s judiciary never had a dent or involved in any scandals unlike a number of his contemporaries who have either been sacked or disgrace for corruption or infractions of the law. For several lawyers that appeared before him either at the High Court or in any of the panels of the various divisions of the Court of Appeal where served or delivered judgements, it was a clear and consistent demonstration of merit, justice and fairness to all parties concerned over and above any primordial considerations or filthy lucre. No wonder, most of the judgements he delivered in High Court and Court of Appeal were upheld by the Supreme Court.
Justice Yakubu was indeed an epitome of integrity, icon, torch-bearer and one of the very few Justices who could not be bought with any amount. His secret was because he held the banner of righteousness in Nigerian judiciary/legal profession having resolved not to soil his garment or defile himself with the portion of the king’s meat.
Moreover, one of the last landmark decisions of Justice Tom Yakubu while at the Court of Appeal, Sokoto Division was the courage to set aside the judgment of Zamfara High Court which had the APC to field candidates in the 2019 general elections. Unfortunately for the ruling party, on 25 March 2019, Justice Yakubu while delivering the lead judgment with the concurrence of other 2 members of the panel, handed down a decision that would serve as a watershed in the Nigerian electoral law jurisprudence. He held among others that:
“I am convinced that the lower court has failed to evaluate evidence before rendering its decision…Based on available facts, the respondents did not contradict the INEC evidence on conducting the said primary election. …He warned that the judgment should serve as ‘bitter lesson’ for political parties as they ought to follow legitimate guidelines and rules…domestic affairs of political party activities must act within the confines of the law in dealing with party members and elections”
Predictably, the above judgment of Justice Tom Yakubu was later affirmed by the Supreme Court thereby sacking all the APC candidates, including the governor in the 2019 general elections! Understandably, those at the receiving end of the judgment could not take the judgment lightly. Some critics and bad losers being typical Nigerians queried the judgment. Assuming but not conceding that Justice Tom Yakubu led pane of the Court of Appeal was bought (which I could vouch that the late eminent jurist was not), was the Supreme Court’s later affirmation also procured?
Small gestures can have big impacts. Create them where it matters, says someone. In this regard, I recall with admiration how Justice Tom Yakubu’s timely and fatherly intervention helped me out of an unpleasant encounter with a Presiding Justice (PJ) of the Court of Appeal, Yola Division in 2011 while I was on Law School Externship. My offence was that I made a mistake in the process of getting my Bencher’s Form signed! On sensing that the PJ had gone mad at me, like a child being scolded by a very mean adult, I ran to Justice Yakubu in his Chambers. Thankfully, he gave me a useful advice and that was how I escaped the wrath of the PJ! Sadly, this was the last time I saw Justice Yakubu. I am however encouraged by Bob Teague when he says that ‘we all leave footprints as we journey through life – make sure yours are worth following’ I am pleased to confirm that Justice Yakubu left his footprints behind. I pray like many of his numerous mentees to be able imbibe all the virtues he lived by, preached and impacted.
The remains of Hon. Justice Tom Yakubu would be laid to rest on Saturday 15 February 2020 at his country home in Ankpa, Kogi State. While I pray that the good Lord grants the fortitude to the entire family of the late jurist and mentor to bear this irreparable loss, I take the solace in the Scripture that “Precious in the sight of the Lord is the death of his saints (Psalm116:15). May the gentle soul of Justice Tom Yakubu rest in perfect peace.
I make bold to declare that Nigerian judiciary had lost an incorruptible judge, an icon of integrity and a worthy role model in the person of Justice Tom Yakubu.
– Benjamin Atanu Achimugu Esq.
Calabar.
ojoafedoatanu@gmail.com
