Pa. Gomez: Salute to a Great Bar Man at 90 – Abdulrasheed Ibrahim
On the 12th February 2018 during the monthly meeting of the Nigerian Bar Association, Lagos Branch, the Chairman, Mr. Chukwuka Ikwuazom informed the congregation of lawyers at the meeting that Pa Tunij Gomez will be 90 years in the month of March and as such the old man must be celebrated by the Branch. Whenever the name Pa. Tunji Gomez is mentioned at the branch meeting the chorus you hear from the members is “It is a matter of conscience”. Since my joining the branch immediately after I was called to the bar in 2002, I have not seen any member whether old or young that has attended the monthly meeting of the branch more than Pa Gomez. I stand to be corrected if I am wrong. Pa Gomez is a wonderful old man. He is said to reside in a very tall building of many floors which the old man climbs up and down many times virtually every day without any support from anybody. Even when he goes about you cannot see him with walking stick. Whenever he comes to the meeting he climbs the staircase that leads to the foyer himself.
The Lagos Branch has set up a committee under the chairmanship of Mr. Chukwuma Ezeala to celebrate Pa Gomez at 90 on 18th March 2018 and events have been lined up to honour this great Bar Man to the core. These events include Thanksgiving Church Service to be held at the Cathedral Church of Christ, Marina, Lagos. As an old boy of the prestigious King’s College Lagos, a novelty march is being planned to be played in his honour at the school premise in Lagos Island .There is also going to be a Birthday Lecture and Dinner to be chaired by an elder statesman, Alhaji Femi Okunnu, SAN, CON. The lecture is titled BAR ACTIVISM IN NIGERIA: PAST, PRESENT AND FUTURE to be delivered by Dr. Chidi Odinkalu with other discussants like Mrs. Ayo Obe, Mr. Jiti Ogunye and Mr. Ebun Olu Adegboruwa.
There is no better way to describe Pa Gomez than calling him, a Great Bar Man or Great Bar Activist. You can either agree or disagree with him but you cannot ignore him. In 2009 when he was declared the Courtroom Mail Man of the year, Anthony Atata ,the Editor of the Mail whom I always call “Omo Atata” wrote thus on Pa. Gomez:
“In August 2009 at the Annual General Conference of the Nigerian Bar Association in Lagos, he moved a historic motion to abolish the status of Senior Advocate of Nigeria. Many lawyers embraced it and the revolution began like the Arab spring.”
Pa Gomez in the 1971 had the cause to argue an appeal before Hon. Justice J.I.C. Taylor, the then Chief Justice of Lagos State in the Appeal Case No. LD/44/71- TUNJI GOMEZ Vs. E. AKIN. WILLIAMS in which he appeared and argued himself. He was aggrieved by a Magistrate Court’s judgment against him and appealed against same. After taking arguments of counsels, Justice Taylor of blessed memory in his judgment delivered on 21st February 1972 held thus:
“…There is no need for me to consider any of the other grounds of appeal argued for suffice it to say that the relationship of landlord and tenant between the parties to this appeal was not established and the appeal must succeed. The judgment of the court below is hereby set aside and in its place a judgement of dismissal of the plaintiff’s claim is substituted. I shall hear parties on costs…”
Recently Pa. Gomez was seriously disturbed by the cracks in many homes where either wife killed the husband or the husband killed the wife and came up with a book titled: GUIDE TO HAPPY MARRIAGE, to save many homes from being collapsed. Apart from this, he has also set up a MARRIAGE CONSULTANCY UNIT in his law firm where people are encouraged to seek for counselling.
I have once advised that if Pa. Gomez has not written his own autobiography in the first person narrative, he should try to write one as this is a debt he is owing to the present and future generations who are or will be willing to learn from his life and times as well as his experiences. As the old man is marking his 90th year on the surface of the earth, we wish him HAPPY BIRTHDAY, LONG LIFE AND PROSPERITY.
STEPPING DOWN FROM THE BENCH
On 26th February 2018, Hon. Justice Clara Bata Ogunbiyi formally retired from the Supreme Court of Nigeria. Justice Ogunbiyi in compliance with the Constitution of the Federal Republic of Nigeria that makes it mandatory for any Justice of the court to retire from the apex court on reaching the age of 70 has stepped down from the bench of that court. She is the third female Justice to retire from that court having being preceded by Hon. Justice Mariam Aloma Mukhtar, the first female Court of Appeal and Supreme Court Justice who eventually became the first female Chief Justice of the Supreme Court and also Hon. Justice Adekeye, the second female justice of that court. Justice Ogunbiyi was a brilliant and wonderful jurist while on the bench. Her various judgments and pronouncements actually testify to this assertion. According to the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, during a valedictory session held in honour of the retired jurist at the Supreme Court:
“I find that his Lordship’s use of clear legal reasoning is complemented by the impeccable courtroom courtesy and decorum, with which she addressed both the bar and colleagues…Her temperament endeared her to the court and her selflessness often spoke volumes .I dare say that these twins virtues represent the best of the legal profession and indeed worthy of acceptance and emulation by all members of the bar and the bench.”
As Mama stepped down from the judicial bench, we wish her more success in life and happy retirement.
REMARKABLE PRONOUNCEMENT
ON WHETHER NON- EXISTENT PROCESS CAN BE DISMISSED
“I also hasten to add that a non-existent process cannot be dismissed because physically it was not tangible and therefore could not have been heard on merit. By the use of the word “dismissed,” it certainly could not have meant more than “a striking out”. It is trite law that an incompetent process filed cannot operate to preclude or serve a total bar of a party from subsequent application seeking the same order which was sought on the incompetent process struck out. Refusing the second chance would operate hardship by shutting out the applicants. This is especially where an earlier attempt was made by the applicants in filling a notice which had turned out to be incompetent .There was no indolence shown in the prosecution of their case. It is the litigant who would stand to suffer if the application is refused.”
Per OGUNBIYI, JSC in Famu Vs. Kassim (2013) 7 NWLR (Pt. 1352) Pg. 204 Paras F-H
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Service to the Bar: REMEMBERING ‘TOLA APATA
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