Date: 2017-01-30

IF one says Kwara State is the pride of Legal Profession in Nigeria, factually, one will not be exaggerating because it was the State that produced the first Nigerian lawyer from the whole of the Northern Nigeria in person of Abdulganiy Folorusho Abdulrasaq, SAN.

The State has also produced two Presidents of the Court of Appeal, in persons of Hon. Justice Mustapha Akanbi and Hon. Justice Ayo lsa Salami, both retired. Kwara State equally produced Hon. Justice Mahmud Babatunde Belgore, now of blessed memory who was the former Chief Judge of the Federal High Court. Hon. Justice Timothy Oyeyipo, a former Chief Judge of Kwara State was the longest serving Chief Judge in the Federation having served in that capacity for over two decades.

The 10th Chief Justice of Nigeria in person of Hon. Justice Salihu Moddibo Alfa Belgore hails from Ilorin, the Kwara State capital. It is also worth knowing that the incumbent Emir of Ilorin , His Royal Highness, Alhaji Ibrahim Sulu Gambari was serving as a Justice of the Court of Appeal when he resigned to mount the royal throne.

History has it that there once lived in Ilorin a great jurist by name Alkali Yusuf Belgore, who was well versed in Islamic law that whenever the Colonial Masters had problems with the knowledge and application of Islamic law, his advice and opinion were usually sought.

He was later appointed a Provincial Court Judge and he was to be sworn in November 16 1960, but unfortunately, on November 2 that year,he died. It was this late great judge and his wife Hajia Aishatu Belgore that earlier on January 17 1937, gave birth to Hon. Justice Salihu Modibbo Alfa Belgore, the former Chief Justice of Nigeria. Judicial hierarchy

The young Belgore was at Okesuna Elementary School between 1945 and 1946 for his primary education and later moved to Ilorin Middle School where he was between 1949 and 1951. In 1952, he proceeded to Ilesha Grammar School, for his Secondary School education where the then Mr. J. A. Akinyemi, the father of Professor Bolaji Akinyemi, former Foreign Affairs Minister was the principal of the school.

The young Belgore left the School in 1956. Contrary to his early desire to study Medicine, he later left for London to read law in 1960 and was called to the Inner Temple in February 1964. He immediately returned to Nigeria to attend the three months courses at the Nigerian Law School and enrolled as Barrister and Solicitor of the Supreme Court of Nigeria with Abdullahi Ibrahim (SAN), Shettima Adamu Mukthar Liberty, a former Attorney General of Borno State and Hon. Justice Sunday Akintan , JSC retired among others .

Unlike many judges that privately practised law at the Bar before they were elevated to the Bench, SMA Belgore rose through the ranks of judicial hierarchy by joining the bench as Associate Magistrate in July 1964 and by September same year he had started sitting alone as Magistrate.

He eventually became Chief Magistrate and Chief Registrar in Kaduna. In July 1973 he was appointed an acting judge of the North- Central and Kwara State as well as that of the North- Western and Kano State in September that same year. In January 1974 he equally became an acting Judge of Benue, Plateau and North- Eastern States. His Lordship in July 1974 became appointed as a substantive Judge of Benue-Plateau and Kwara State and after the creation of the Plateau State, he was appointed as the first indigenous Chief Judge of Plateau State on 1st March 1977.

On 1st September 1979 his Lordship was elevated to the Court of Appeal where he was until June 26, 1986 when he became a Justice of the Supreme Court and later succeeded Hon. Justice Muhammadu Lawal Uwais as the 10th Chief Justice of Nigeria in 2006. The years of Justice Belgore on the judicial bench were eventful as his lordship was deeply involved several landmark cases that shaped the law and jurisprudence in Nigeria. Although his tenure as the Chief Justice of Nigeria was very short but historic. After the return of democracy in Nigeria in 1999, the country witnessed a series of impeachments of elected political officers in various forms.

The one that readily came to mind was that of Governor Rashidi Ladoja of Oyo State who was impeached by the state legislators that were loyal to Chief Lamidi Adedibu, the late strongman of Ibadan politics. Ladoja's legal battle to regain his mandate raged up to the Supreme Court presided over by Hon. Justice Belgore as the CJN and having smelt a rat that some lawyers might have to the court to display various kinds of tricks to frustrate the case, he ordered the parties to file all their written submissions within few days for the apex court to deliver its judgment within a very short time. When the Supreme Court eventually delivered its judgment it nullified, set aside the impeachment as illegal and reinstated Ladoja as the Governor of Oyo State .

See the case of Adeleke Vs Oyo State House of Assembly (2006) 16 NWLR (Pt.1006). Hon. Justice Belgore when retiring from the bench later cautioned the politicians that "All elected officers are entrusted by the electors with the sacred responsibility of governing well and making laws for good governance so that there will be law and order in the nation…There is absolute nothing wrong with the constitution if the operators manifest loyalty to the nation. Where we borrowed some elements of our Constitutional practice, they have tried impeachment for not more than four times in over two hundred years .It now appears impeachment is daily lying on our breakfast table. Let us think and retrace our steps so that the mayhem will not be let loose on this country".

In laying to rest the controversy on whether a police officer has the right and power to prosecute criminal cases in any superior court of record, Justice Belgore had this to say in the case of Federal Republic of Nigeria Vs. Osahon (2006) 5 NWLR (Pt. 973) Pgs. 407-408 Paras C-G : "From colonial period up to date, police officers of various ranks have taken up prosecution of criminal cases in magistrates and other courts of interior jurisdiction.

They derive their power under S.23 Police Act. But when it comes to Superior Courts of record, it is desirable, though not compulsory that the prosecuting police officer ought to be legally qualified. This is not deleting from provisions of S.174 (1) of the Constitution, rather it maintain age long practice of Superior Courts having counsel rather than by persons in most cases prosecuting matters. The confusion that this matter has caused is rather unfortunate for trial of criminal cases; it has caused a disturbingly long delay. Previous constitutions before 1979 provided for the post of Director of Public Prosecution, an independent officer, with powers in a statute. The absence of this vital office from subsequent constitution has created this dilemma. But the worrisome side of this case is the failure of the Attorney-General to take over the prosecution. Perhaps the witnesses in the substantive prosecution are still available.

Justice seems to suffer some delay in this case. For the foregoing reasons, I allow this appeal and hold that a police officer can prosecute by virtue of S.23 Police Act, S.56 (1) Federal High Court Act and S.174 (1) of the Constitution of the Federal Republic of Nigeria 1999". In the case of Okike Vs. L.P.D.C (2005) ALL FWLR (Pt. 266) Pg. 1207 Paras D-E, the learned jurist reminds us all that the legal profession is the mother of all professions which must not be allowed to go off the rail when he said : "All through our history from colonial period to now, the legal profession is a strategic profession that must not be allowed to go off the rail.

Law is the mother of all professions; it is a living and constantly producing mother and she must not be allowed to be sick. Sickness in legal profession is the act of indiscipline whether due to outright unbecoming act or corruption or fraud. Every situation, just like every person is under the law and if law is sick then the rot will quickly take over our society. It is for this reason that legal practitioners must be able to clear indiscipline within their rank with dispatch and effectiveness.

The Legal Practitioners Disciplinary Committee is a quasi tribunal to look into aspects of discipline by investigating in a fair hearing manner and give its direction". This is a clarion call to all the practitioners of law whether at the Bar or on the Bench at this very time when the profession has finds itself at crossroad on some recent ugly happenings in our midst that we must all be up and doing to preserve the integrity and dignity of this noble profession.

The ordinary man on the street sees the judiciary as the last hope of common man and everything must be done to preserve this hope and aspiration because if the members of the profession are found wanting in the discharge of their responsibilities then the hope of common man in the profession will be adversely affected. The corruption whether in the legal profession or in the country at large must be fought decisively as once pointed out by the distinguished jurist when bowing out of the judiciary that "On corruption, I regret to say it is a cankerworm this country must rid of.

It seems to pervade all the society, and it is worldwide even in the so-called developed nations. Corruption is based on some circumstances in life of some people .This includes early deprivation in life, and with an opportunity to acquire material things, any means justifies the end .It is also based on greed and above all, on lack of patriotism .

Some are corrupt because they have no fear of God; for every acquisition based on corruption, the generality of the people will lose something. But corruption in judiciary is not based on acquisition of wealth only .A Judicial Officer adjudicating not according to law but on ethnic or other consideration like religion is guilty of corruption .Judicial Officer faced with the option of discretion but chooses to exercise that discretion not judiciously is corrupt."

In cause of his judicial career, Hon. Justice S.M.A. Belgore was assigned other duties of high responsibilities. In 1971, he became the President of the Magistrates' Association of Nigeria during which period he led the Nigerian Delegates of the Association to the 1972 Conference of Commonwealth Magistrates in Bermuda as well as that of Malaysia 1975.

He was appointed Chairman of the Governing Council of the National Archives in 1992 which council he said should be the repository of our history but unfortunate was not made to function for many years. Between 1997 and 1998 he served as the Chairman Body of Benchers.

As a jurist who had on several occasions clamoured and agitated for the complete overhaul of our laws, especially Criminal Law and Procedure and generally procedural approach to courts, he was elected in 2000, the Chairman of Technical Committee, Africa Conference on Law and Justice Development .He was also a Governor ,National Judicial Institute, Abuja. He was given Honorary Award of Doctor of Law, LL.D by Igbinedion University, Okada, one of the leading private universities in Nigeria. In recognition of his meritorious service to the nation his Lordship was conferred with the National Award of Commander of the Order of Niger (CON) and later the Grand Commander of Order of Niger (GCON).

* Abdulrasheed Ibrahim is the former Publicity Secretary, NBA Lagos Branch