Justice Adamu Bello: Judge who saved Nigeria $10.8bn bows out

Senior advocate of Nigeria L.U. Nwosu said he saved the country a whopping $10.8 billion claims by foreign oil majors.According to Nwosu, a Port Harcourt-based legal practitioner, eight foreign and local oil companies in 2012 instituted a cocktail of suits overseas against the Nigerian National Petroleum Corporation (NNPC) for allegedly completing wrong tax returns to […]

Senior advocate of Nigeria L.U. Nwosu said he saved the country a whopping $10.8 billion claims by foreign oil majors.
According to Nwosu, a Port Harcourt-based legal practitioner, eight foreign and local oil companies in 2012 instituted a cocktail of suits overseas against the Nigerian National Petroleum Corporation (NNPC) for allegedly completing wrong tax returns to the Federal Inland Revenue Service (FIRS) making them lose the amount which translates to  N1.7 trillion.
The companies include: Shell Nigeria Exploration and Production Ltd, Esso Exploration and Production Ltd, Nigeria AGIP Exploration Ltd, and Total Exploration and Production Ltd went to Arbitration Tribunals which began sitting in South Africa, England and Paris against NNPC and the federal government praying for them to award the multi-billion dollar damages in their favour over the alleged tax error.
Besides the awards, these companies, according to Nwosu also prayed that “NNPC will stop lifting oil until these overseas companies have lifted enough to cover the amount with interests.”
But in his judgement delivered on February 29, 2012, Justice Bello assumed exclusive jurisdiction over the suit citing section 251(a) of the 1999 Constitution. He excluded of taxation and related matters from the ambit of the arbitration agreement between the oil majors and NNPC. He thus halted the payments and saved the funds for the federal government.
 This was not the only case on which the judge stepped on mighty toes on the side of justice – especially in public interest litigations.  Some of the cases as reeled out by Abdullahi Ibrahim (SAN), chairman of the Body of Senior Advocates of Nigeria, include: Bamidele Aturu vs Minister of Petroleum, a suit against deregulation of petroleum sector; Festus Keyamo vs President and Senate, a suit challenging the appointment of service chiefs without clearance by the Senate; and Abdulrasheed Maina vs Senate and others, a fundamental rights enforcement suit.
Declaratory actions meet their end when objection of ‘locus standi’ are raised against applicants, but Justice Bello favoured access to justice for persons with reasonable interest in cases that increased government’s accountability.
“In some of these constitutional cases, My Lord came out with articulate judgements that cannot be faulted,” Ibrahim said.
“Among lawyers here in the FCT, he is popularly referred to as the ‘locus standi’,” said chairman of the Nigeria Bar Association (NBA) Abuja chapter Desmond Yamah. “We wish he stayed, but there is nothing the Bar can do to extend his tenure.”
Other senior lawyers in Abuja point out two qualities of the retiring jurist as courage and incorruptibility – attributes greatly desired in the country’s judiciary.
 “We have come to honour a judge that is known for his honesty, integrity and incorruptibility. These are the kind of judges we admire; the kind of judges we want to see at the Bench,” said Damian Dodo (SAN).
“It is a glorious day because of the great services he has rendered to the Federal High Court and to the nation. We felicitate with him, his family and thank God for his life and pray that he will enjoy his retirement,” said Ricky Tafa (SAN).
With a steely mien that exudes inner discipline, perhaps imbibed through 65 years of being a devout Muslim or having to achieve a life-long dream of being a lawyer through work and study, Justice Bello appears to have seen it all in life.
“I finished my diploma in Law course in 1977. My career in the judiciary started in 1977. In 1979 I went back to the Ahmadu Bello University, Zaria for the LL.B Degree which I completed in 1982. I attended Nigerian Law School in 1983 with BL certificate – all these I did through the in-service training of the then Kaduna State Government,” the judge recalled.
During his inability to attend high school, and while waiting for his West African School Certificate (WASC), he secured a teaching job as probationary teacher with Katsina Local Education Authority.
“When the WASC results were out, I left teaching and secured employment with the North Central State Government as a Clerk in the Ministry of Health on 9th June, 1969,” he said.
The precision with which the judge recalls the beginnings of his distinguished public service, which cut through teaching, to health, and judiciary, again brings to the fore the mental sharpness of the man, who was born on December 31, 1948 in Mabai, a town eight kilometres from Kankara in Katsina State.
But it was the judicial career that he holds dear, having risen from an Assistant Registrar in the High Court of Kaduna in 1977. In 1984, he became a Chief Magistrate in Katsina State. In 1994, he was made Deputy Registrar of the court. And in November 1995 he was appointed into the Federal High Court where he served for 18 years.
“Mine is a rise from grass to grace and it is all thanks to Allah who sustained me in good health and enabled me to run a good race,” he stressed.
For a retiring judge retaining good health, after spending many hours a day in seclusion peering over mounds of applications and submissions to arrive at verdicts, is not the only reason for gratitude, more time now for family and friends is equally priceless, says the Chief Judge of the Federal High Court, Justice Ibrahim Ndahi Auta.
“We hand you over to your loving wife and children, especially your lordship’s wife who now has all the time to give your lordship the needed attention which the dictates of your career eluded her in the past. We hand you over to your family in good health and with your reputation intact,” the chief judge said.
“On behalf of my siblings, I wish our father good health happiness and joy and all the good things he wish for himself,” said daughter Zainab.
After a lengthy era of service and traversing all corners of the nation, Justice Bello has deep love for the country and the judiciary they gave him the privilege to serve.
“I am proud to announce that working in the Federal High Court has made me a true Nigerian citizen. I pray to God fervently to keep this great country together in peace and harmony,” he said.