The Attorney-General of the Federation, (AGF) Mr. Lateef Fagbemi, SAN has described late former Chief Judge of the Federal High Court, Justice Daniel Abutu as an erudite jurist who laid a foundation for the 2010 doctrine of necessity.
Fagbemi made this known yesterday in Abuja at the valedictory court session in honour of the late former Chief Judge.
The doctrine of necessity came about in 2010 following a tense constitutional crisis over the non-transmission of presidential powers to the then Vice President, Goodluck Jonathan by the then ailing President, Umaru Yar’Adua.
The AGF who was represented by Mr. Tijani Gazali, SAN, Director of Civil Appeals in the ministry said that the jurist helped in shaping Nigeria’s jurisprudence by that act.
“The late erudite jurist not only contributed his quota in the sustenance of legal education and constitutional democracy but his lordship also shaped our jurisprudence as a courageous judge, patriot and true nationalist.
“In January 2010, while the nation was witnessing tensed constitutional crisis over the non-transition of presidential powers to the then vice president by the ailing late president, Justice Abutu was called upon to interpret Section 145 of the 1999 Constitution.
“His lordship rendered concise decision in a timely manner over multiple cases seeking to compel the president to transmit a written notification to the National Assembly.
“His lordship doused the growing tension by interpreting Section 145 of the 1999 Constitution to mean that the president cannot be compelled to transmit notice.
“That is, the president cannot be compelled to surrender or abdicate presidential powers without following procedures set out in the constitution,” Fagbemi said.
He said it was based on this foundation that the National Assembly made the historic invocation of the doctrine of necessity through which the acting president was conferred with full powers of the president and commander-in-chief.
According to him, the foregoing development also spurred further legislative action to prevent a reoccurrence of such constitutional lacuna through the alteration that introduced Section 145(2) of the constitution.
Also speaking, the Chief Judge, (CJ) of the Federal High Court, Justice John Tsoho described the late former chief judge as an impartial judge who left behind a legacy of extreme humility.
According to Tsoho, Abutu lived a private but silently impactful life and has left a lasting legacy of extreme humility, joviality, kindness and compassion and always willing to extend a helping hand.
The CJ also said that the late Abutu’s tenure as chief judge may have been short but it was very eventful.
“He presided over several cases where his impartiality, wisdom and unwavering commitment to the law were brought to fore.
“He navigated complex legal issues with clarity and fairness, warning the respect and admiration of his colleague, lawyers, litigants and staff of the court.
“He ensured that the court family was kept united and focused and it was during his tenure that the Lokoja judicial division was opened,” Tsoho said.