It was with some sadness that I read a document which had been apparently circulating written by a Mr. Seyi Sowemimo dated 18 February 2025 entitled “Rejoinder to Recent Posts by Professor Chidi Odinkalu” in which the writer professes to address “two posts or write-ups put up by Professor Odinkalu….”
It is ironic that in purporting to correct alleged misinformation, Mr. Sowemimo himself traffics in misinformation and what one may charitably describe as errors of fact. He deals with two issues: the events of 31st December 1983 and the events surrounding my late father, Mr. Justice Yahya Abiodun Olatunde Jinadu’s resignation from the Lagos State High Court bench in 1984.
I have no particular position to take up with Mr. Sowemimo in respect of his first issue as I profess no particular knowledge of the matters which he discusses. However, I suspect that if he approached this first issue with the same standards of veracity and objectivity with which he addresses the second of his issues, Mr. Sowemimo’s account will be found to be somewhat lacking in fidelity to the truth.
I do take a firm position as regards Mr. Sowemimo’s comments regarding my father and the circumstances in which he resigned from the bench. It is lamentable, and perhaps indicative of the standards which currently obtain, that a member of the inner bar would display such poor skills as a legal researcher so as to assert that my father was compulsorily retired. If Mr. Sowemimo had carried out even the most basic research that one would expect of a first year law student at an average university, he would have discovered that my father resigned rather than bow to what he believed, and what history has confirmed, were egregious attempts by the Advisory Judicial Committee to interfere with the independence of the judiciary, all in the service of a military dictatorship. In his resignation letter (it is not clear on what basis one would write a resignation letter if he had been compulsorily retired) my father famously said that he was retiring “to protect his integrity and preserve the independence of the judiciary”.
I would recommend that Mr. Sowemimo search out a copy of the book “A Salute to Courage” written by Richard Akinnola and published by the late Chief Gani Fawehinmi’s Chambers which contains a more accurate account of the relevant events with reference to primary documents and interviews with some of the key actors. I am happy to provide Mr. Sowemimo with a copy should he so desire. The documents establish that Mr. Justice Adefarasin had unilaterally withdrawn the case file from my father on the instructions of the military dictatorship who were not pleased with the manner in which my father was conducting the trial. My father, long after he had retired, opined that he was aware that there was an attempt to use his court to wrongfully convict an innocent man and conscious of his judicial oath and his obligations as a Muslim mandated in the holy Quran that he abide no injustice particularly when he was appointed to the hallowed position on the bench, he was not going to allow that to happen. In my father’s words, the judiciary was the last hope of the common man.
This year marks the centenary of my father’s birth. He passed away five years ago surrounded by his loving family and confident in the judgment of history as still being the only judge in the history of Nigeria to have resigned on a point of principle.
It would have been a cause of immense sadness to him that an individual from the profession which he so revered and one who is the son of an individual who for a very long time he considered a dear friend would be the one attempting to rewrite history in this rather clumsy fashion. Fortunately, there are individuals alive today such as Alhaji Femi Okunnu SAN, who was one of my father’s closest advisors and confidants when this issue arose, who were first hand witnesses to the events in question.
Abdul Jinadu is a Barrister at Keating Chambers in London
