Honourable Justice Uwani Musa Abba Aji of the Supreme Court attains the mandatory retirement age of 70 on 7 November, 2026, bringing to a close a remarkable judicial career that began more than five decades ago as a clerical assistant in an Area Court. In this tribute, Olanrewaju Akinsola, SAN (The Onigegewura), reflects on Her Lordship’s journey from the lowest rungs of the Judiciary to the Apex Court, her pioneering role as the first female Judge of the Yobe State High Court, and her unwavering commitment to substantive justice over bare technicality. As a proud member of the distinguished Nigerian Law School Class of 1981, Justice Abba Aji’s legacy stands as a testament to excellence, integrity, and the enduring principles of the rule of law
Introduction
This week, the Honourable Justice Uwani Musa Abba Aji will take her final bow as a Justice of the Supreme Court, upon attaining the mandatory retirement age of 70. His Lordship’s exit from the Apex Court marks the high point of an eventful legal and judicial career, spanning more than five decades – from the lowest rung as a clerical assistant in an Area Court to the pinnacle of the Nigerian Judiciary as a Justice of the Supreme Court.
A Proud Member of Nigerian Law School’s Class of 1981
A proud member of the famous 1981 Class of the Nigerian Law School, Justice Abba Aji belongs to a set that has consistently set the pace in Nigeria’s legal history. The Class has produced three Chief Justices of Nigeria: Hon. Justices Ibrahim Tanko Muhammad (2019), Olukayode Ariwoola (2022), and Kudirat Kekere-Ekun (2024), and seven Justices of the Supreme Court.
It is also significant that both the current Chairman and the Vice-Chairman of the Body of Benchers, the body of legal practitioners of highest distinction, His Royal Majesty Albert Akpomudje, SAN and Hon. Justice Kudirat Kekere-Ekun, are members of this distinguished Class of ’81. The number of Senior Advocates of Nigeria produced by the same class, is legion.
Although her formal professional legal career started after she was called to the Bar in 1981, Justice Abba Aji’s judicial career predates her call. She had been in the Judiciary since 1973, when she cut her teeth as a clerical assistant in Area Courts Division, and rose through the ranks to become a Higher Registrar.
A Trailblazer
Justice Abba Aji is in many ways a trailblazer. In December 1991, ten years after she was called to the Bar, she was appointed a Judge of the High Court of Yobe State. His Lordship was one of the pioneer Judges who laid the foundation of the Judiciary in the newly created Yobe State, carved out of the old Borno State. In fact, Justice Abba Aji holds the historic distinction of being the first female Judge, to sit on the Bench of the Yobe State High Court.
Substance Over Technicality
After thirteen years on the Bench as a trial court Judge, Justice Abba Aji was elevated to the Court of Appeal in 2004. At the Court of Appeal, His Lordship’s judicial philosophy fully entered the national consciousness. One singular thread that runs through her judgements at the penultimate appellate court, was her unyielding fidelity to substantive justice and her abhorrence for bare technicality. A Counsel who sought to take refuge in technical argument before a panel presided over by Justice Abba Aji would discover that, it is easier for a camel to pass through the proverbial eye of the needle, than for him to succeed in persuading the court.
In the case of Garba v FRN (2014) LPELR-24591(CA) (P. 13, paras. D-F), His Lordship was unequivocal when she held that:
“All the arguments and submissions of the learned counsel are on mere technical justice which reign is over, and even if there is, it is now trite law that this Court would not allow technical justice to defeat substantial justice”.
Justice Abba Aji’s judgements placed her in the company of Jurists who uphold the principles of the rule of law and the separation of powers, as bedrocks of our democracy. In Gov. Ekiti State & Anor v Akinyemi & Ors (2011) LPELR-4218 (CA), the issue was whether the State Government had the power to dissolve a Local Government Council. Justice Abba Aji did not mince words in invalidating the action of the State Government by holding that:
“The 1st Appellant therefore, acted ultra vires his powers. The termination of the Respondents’ appointment in the circumstances in which it was done is null and void and of no effect whatsoever, and the learned trial Judge was right in so holding”.
At the Supreme Court
With her track record as an appellate Justice of distinction, the news of her elevation to the Supreme Court as a Justice of the Apex Court in 2019, did not come as a surprise to stakeholders in the justice sector.
In the Supreme Court, Justice Abba Aji’s reputation as an apostle of substantive justice was firmly cemented. She succeeded in carving out an enduring legacy as a Jurist who seamlessly combined intellect and integrity, standing tall as a champion of constitutionalism, federalism, and substantive justice.
Appearing before a panel presided over by Justice Abba Aji was a challenging, yet delightful experience. Within minutes of a matter being called, it would become apparent that His Lordship knew as much about the case as the Counsel on record. In her firm but quiet voice, His Lordship would ask penetrating questions that would go straight to the heart of the appeal. She is gifted with the ability, to separate the wheat from the chaff of legal submissions.
In Fabunmi v University of Ibadan (2026) 11 NWLR (Pt. 2050) 61, where the Appellant who was dismissed for demanding sexual gratification from a student attempted to drag an employment dispute into the realm of constitutional rights, Justice Abba Aji refused to be swayed. In dismissing the appeal, His Lordship held that:
“Although the Appellant herein attempted to connect this his appeal to breach and infraction of his fundamental rights, he is only trying to pull the wool over the eyes of this court. By the grounds and their particulars in this appeal, none brushes or touches on the question of fundamental rights or fair hearing”.
To Justice Abba Aji, what is always paramount is justice. This was demonstrated in Olugbemi v State (2023) 11 NWLR (Pt. 1895) 359, where it was argued that the lower court was wrong to allow the Respondent to reopen its case after the closure of the Appellant’s case. Justice Abba Aji rejected the rigid objection and held that “In the interest of justice however, it is sometimes considered. The reopening ought to be to enable the court take, in the interest of justice, important points of law and facts relating to the case. Each case ought to be dealt with on its own merit”.
A Master Linguist
As a writer myself, I am particularly fascinated by the fact that Justice Abba Aji is not only a Jurist; she is also a master linguist. Her mastery of language, is never in doubt. She wields words in a manner that paints vivid, indelible judicial pictures. Like a griot weaving oral tradition, Justice Abba Aji crafts her judgements with a tapestry of imagery, proverbs, and metaphors that could comfortably find a home in the literary texts of African Writers Series.
In Okafor v Central Bank of Nigeria (2025) 7 NWLR (Pt. 1988) 109 she famously employed the imagery of futile effort: “You cannot flog a dead horse, or force the horse to drink water”. In Ajayi v Securities and Exchange Commission (2023) 6 NWLR (Pt. 1881) 533, His Lordship made reference to the proverbial obstinate fly, to drive home her judicial point. In her words: “It is often said that, it is only the stubborn fly that follows the corpse to the grave. All the journeys of the Appellant from the Federal High Court, Court of Appeal and to the Supreme Court is a wasted and futile one…”. And, in Olugbemi v State, her striking characterisation of the Appellant’s confessional statement as “a nail to his own coffin”, captured the finality of self-incrimination in a single phrase.
A synoptic tribute such as this, cannot fully chronicle all her landmark judgements. Indeed, no catalogue of cases or litany of tributes, can do Justice Abba Aji full justice.
As His Lordship attains the age of 70 on Saturday, 7 November, 2026, I have no doubt in my mind that as long as substantive justice remains the cornerstone of Nigerian jurisprudence, the judgements of Justice Uwani Musa Abba Aji will forever remain evergreen.
Happy Birthday, my Noble Lord. The Bar wishes your Lordship a blissful and productive retirement.
The Onigegewura is a Senior Advocate of Nigeria and a member of the Body of Benchers.