Justice S.M.A. Belgore @ 80: The Labour dimension

The elder statesman, retired Chief Justice of the Federation, Justice Salihu Modibo Alfa (SMA) Belgore turned 80 last week. The large turn-out of well-wishers, friends and associates at the various nation-wide birthday manifestations which included prayer-sessions  and book presentation further pointed to fulfilled and impactful life of one of the leading African judicial officers at […]

The elder statesman, retired Chief Justice of the Federation, Justice Salihu Modibo Alfa (SMA) Belgore turned 80 last week. The large turn-out of well-wishers, friends and associates at the various nation-wide birthday manifestations which included prayer-sessions  and book presentation further pointed to fulfilled and impactful life of one of the leading African judicial officers at 80!  I wish my Lord and indeed our dear father and mentor many happy returns of value adding activities for nation-building. SMA’s history is an open knowledge: born on January 17, 1937, in Ilorin, Kwara State. His professional judicial training was at the Inns of Court School of Law, London and the Honourable Society of the Inner Temple. Since 1964 when Justice Belgore was called to the Outer Bar at the Inner Temple, having completed the Nigerian Law School, it has been decades of hard, smart and remarkably successful judicial carrier; an Associate Magistrate in the Judiciary of Northern Nigeria for more than a decade,  Chief Judge of Plateau State, a Justice of the Court of Appeal for nearly 10 years, a Judge of  the Supreme Court Bench in 1986 and eventually Chief Justice of the Federation from 2006 to 2007! To appreciate the globally judicial accomplishments as well as the integrity and intellectualism SMA brought to the judiciary   I recommend to readers the 300 plus pages of the book:  Judicial Path: Biography of Honourable Justice SMA Belgore, a beautiful prose of historic facts written by Hauwa Imam, a celebrated writer, author and poet.  However, three testimonies of African leading jurists in the book are worthy of being reproduced: According to Justice Mustapha Akanbi (rtd), former ICPC Chairman, he knew SMA in England when they were students.  SMA was about two years his senior at the time.  His words: “SMA was hardworking and devoted to his studies. He opined that if one had a bad day, and finds a way of getting to SMA, he will make one laugh and forget the problem.”  On the mammoth turn out at SMA’s inauguration as CJN, Justice Akanbi stated that he does not know a judge who can pull that kind of crowd from the military, political class, traditional rulers, the business world and the rest of them, SMA is well accepted.

The late Chief Gani Fawehinmi (SAN) recalled that “Justice Belgore is one of the longest serving Nigerian judges.  He has served in all the sectors of the Nigerian judiciary, every aspect of the Nigerian judiciary, from the lowest to the highest.  He is experienced, very experienced. And he is a very brilliant man.  He has all the qualities that will make a great Chief Justice of Nigeria, if only for a brief period because he has just seven months before he leaves office.  But it is not how long but how well.

“His sense of administration is very high. He has capacity for putting things together. He has capacity to manage people and again he has fought corruption at the level of the National Judicial Council (NJC).  He has fought against corruption.”

Prof Itse Sagay (SAN) currently the Chairman of the Presidential Panel on Corruption said, “Justice Belgore is a firm believer in democracy and the rule of law.  He is somebody who will utilize those principles as enshrined in our constitution without fear or favour.  On a personal level, I have discovered that he is a strong believer of merit.  It is a very important quality of a high officer.”

My Lord SMA is however more than a judicial officer. My tribute here is to acknowledge his remarkable role in bringing about the current N18,000 minimum wage in 2010.

In response to the agitation by the organized Labour for the review of the National Minimum Wage, the Federal Government agreed to constitute a Tripartite Committee comprising the organized labour, organized private sector and Government.  Thereafter, on 14th July 2009, the Tripartite Committee on National Minimum Wage was inaugurated under the Chairman of Retired Chief Justice of Nigeria, Hon. Justice S.M.A. Belgore, to review the National Minimum Wage Act, 2000 and propose a new National Minimum Wage. The inaugural ceremony was performed by the Secretary to the Government of the Federation, Alhaji Mahmud Yayale.

Godliness is in the details of that historic committee which sat for over a year. As a member of the committee, I bear witness to how the stern look of Justice Belgore, deep sense of history and fairness and justice led to an increase in national minimum wage from N5,500 to N18,000.

The purpose of the national minimum wage is to give wage earners the lowest legally level of wage payable in the specified period by their employers for their social satisfaction and the need of their families.

History will record the commendable role of SMA to build a consensus among the stakeholders on the new minimum wage. SMA single handedly convinced organized labour to accept N18,000.  Taking cognizance of the submissions by the State Governments, the Expert Institutions and the SMEs, the Committee had arrived at an average figure of N22,500 per month as the appropriate figure for a new national minimum wage.  However, the Committee observed that the economy then would not support the N22,500 as the new national minimum wage.  After extensive deliberations, negotiations and appeals, it was agreed that the new national minimum wage should be N18,000 per month.

Justice Belgore also insisted that the fine prescribed in the extant Act for violation of National Minimum Wage Act (NMWA) should be increased accordingly as the old fines were no longer realistic.

Lastly it was Justice Belgore who after deliberations by all stakeholders agreed that NMWA should be renewed every five years.

In view of the fact that past reviews of the national minimum wage were carried out at an interval of about 10 years, the Committee agreed on the need to institutionalize a wage review mechanism that will stipulate minimum period for the review.

The Statutory Committee should review and recommend a new national minimum wage every five years.

Wishing SMA many rewarding years of service to humanity.