Justice Eso :A tribute Written by Afe Babalola Sunday, 18 November 2012

I have just received with shock the news
of the death of the eminent Jurist,
Honorable Justice Kayode Eso (JSC retd).
Whilst I realise how futile words must be
at this point in time, I consider it
important to make some comments
about this great Nigerian and his
contribution to the growth of the Legal
Profession in Nigeria.
I first came across the departed judge in
the early 60s after I returned to Nigeria
as a newly qualified legal practitioner.
Justice Eso possessed all the qualities
that would qualify a judge as excellent in
any jurisdiction. He was brilliant,
outspoken and energetic. Little wonder
that he was in 1966 assigned the trial of
the celebrated case of the 18 Ministers,
even though he was at that time the
most junior of the judges sitting in
Ibadan. In the course of the trial in which
I represented one of the accused
persons, Justice Eso would sit from 8a.m
to 7p.m. Such hard work and dedication
endeared him to many of us who
appeared before him.
The Late Judge, aside from an excellent
knowledge of the law, was also gifted in
Latin, English, History and Philosophy. He
brought these qualities to bear on his
appreciation of the facts of the cases
brought before his court and his
application of the law to them. Many
Lawyers were loathe to appear before
him as he had a reputation of ensuring
that Lawyers put in their best into the
conduct of their cases. Owing to this
some even wrongly considered him as
snobbish when in truth it was simply a
mark of his own confidence and his
belief that excellence in the profession
must be the continuous objective of all
involved in its practice. His judgements,
many of which have been thankfully
preserved in law reports, attest not only
to his sterling performances as a Judge
but more importantly, to his humanity.
On a personal note, my relationship with
the late jurist began in 1967 in the
course of the trial of the 18 Ministers. My
client happened to be the only one in
respect of which a plea of no case
submission was upheld. Justice Eso
praised me for my diligence and from
that time on took special interest in my
career. His praise and words of approval
at that time bolstered my confidence
and instilled in me the belief which I hold
till this day, that with hard work,
diligence and the favour of God, the
seemingly impossible can be made
possible. I saw in him the integrity,
fearlessness and discipline which in my
profession can make the difference
between success and failure.
In 1987 during the Commissioning of the
High Court Complex, the interest of
Justice Eso in my career led him to
enquire when I would apply for silk to
which I responded that I was waiting to
be invited. In the manner characteristic
of him, he told me straightaway that I
would never be invited unless I applied.
His advice led to my decision to apply
and my subsequent conferment with
silk. I have made this point to show that
Justice Eso believed in and encouraged
the growth and promotion of the young.
He believed in the recognition and
reward of hard work and excellence. In
1986 in further demonstration of this, he
conducted the commissioning of my
office building at Ekotedo Ibadan. At the
end of his tenure as the President of the
Chartered Institute of Arbitrators, Justice
Kayode Eso, out of his conviction of my
ability to manage man and resources
well, nominated me as his successor.
Justice Eso deserved the honours and
accolades which he garnered. He
received one of such honours from the
Afe Babalola University, Ado Ekiti when
in 2011 it named its largest auditorium
in its Faculty of Law building which has
been described by NUC boss Prof. Okojie
as the best law college in West Africa
after him. I am indeed thankful that the
University bestowed that honour on him
in his lifetime.
As great as the loss of such an eminent
jurist is to Nigeria I believe that his
family at this moment must feel the pain
of a father, grandfather, brother and
uncle more. It is they who will miss him
most. It is they who saw and will miss
those intimate aspects of him (the
warmth, the laughs, moments of family
and personal success and joy) which due
to the dictates of his calling, could not be
seen by many who related with and
appreciated him only in his official
capacity and in which we came to regard
him as the Lord Denning of Nigeria.
I therefore join millions of Nigerians in
commiserating with his family over their
loss. Words at this time will serve little
comfort in assuaging the loss of someone
so dear. I urge them only to take solace
in the fact that he lived a good and
exemplary life. I urge them to find
warmth in the numerous memories of
the times spent together. He has
bequeathed to them a good name which
is in my estimation the greatest legacy a
father can leave his children. I pray God
to grant him eternal rest.

•Aare Afe Babalola, OFR, CON, SAN,
LL.D, D.LITT, FNIALS, FCI.ARB, former
Pro-chancellor and Chairman Governing
Council, University Of Lagos

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