Encomiums freely flowed in praise of former Chief Judge (CJ) of the Federal High Court, late Justice Dan Abutu, with the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, recalling Abutu’s role in the invocation of the “Doctrine of Necessity” in 2010.

Nigeria was experiencing a constitutional crisis between late 2009 and 2010, when then late President Umaru Yar’Adua traveled out of the country on health grounds without transmitting powers to Vice President Goodluck Jonathan.

As part of efforts at resolving the deadlock, the judiciary was called upon to interpret Section 145 of the Constitution, which provides for how the vice-president can operate as acting president when the president is temporarily unable to discharge his functions.

Recalling the incident at a valedictory service held on Tuesday in Abuja, Fagbemi stated that Abutu, “doused the growing tension by interpreting Section 145 of the 1999 Constitution to mean that the president cannot be compelled to transmit the notice, that is the president cannot be compelled to surrender or abdicate presidential powers without following procedures set out in the Constitution”.

The AGF who was represented by the Director, Civil Appeal, Federal Ministry of Justice, Mr. Tijani Gazali, SAN, observed the National Assembly “subsequently built on this foundation by making the historic invocation of the doctrine of necessity through which the acting president was conferred with full powers of the president and commander-in-chief”.

He added the development also spurred further legislative action to prevent a reoccurrence of such constitutional lacuna through the alteration that introduced Section 145(2) of the 1999 Constitution to the effect that: in the event that the president is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly Shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the vice-president to perform the functions of the office of the president as acting president until the president transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as president.”

While stating the late Abutu remains a luminary whose light continues to shine brightly in the corridors of history, illuminating the path for others to follow, he enjoined both judges and lawyers to emulate the good legacies of the former late CJ and demonstrate courage at all times, in order to make positive impact on the country’s justice system.

On his part, the Chief Judge, (CJ) of the Federal High Court, Justice John Tsoho, described the late former chief judge as an impartial judge who left behind a legacy of extreme humility.

Justice Tsoho noted that Abutu lived a private but silently impactful life and has left a lasting legacy of extreme humility, joviality, kindness and compassion and always willing to extend a helping hand.

The Chief Judge also said the late Abutu’s tenure as Chief Judge may have been short but it was very eventful.

His words: “He presided over several cases where his impartiality, wisdom and unwavering commitment to the law were brought to fore.

“He navigated complex legal issues with clarity and fairness, warning the respect and admiration of his colleague, lawyers, litigants and staff of the court.

“He ensured that the court family was kept united and focused and it was during his tenure that the Lokoja judicial division was opened.”

Also eulogizing the late former CJ, President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, said that the late Abutu demonstrated fearless independence, legal craftsmanship, and devotion to the Constitution.

“Among the numerous judgments that bear the indelible imprint of his judicial mind”, Osigwe mentioned was the case between the Attorney-General of the Federation v. Guardian Newspapers Ltd, a case concerning press freedom and national security wherein, “Justice Abutu courageously affirmed that fundamental rights, including freedom of expression, cannot be whimsically curtailed under the guise of state power.

“His judgment laid a doctrinal foundation for the growing body of case law that supports media rights under Nigeria’s democracy”.

Justice Abutu who served as the 5th Chief Judge of the Federal High Court of Nigeria from September 4, 2009 to March 15, 2011 died on June 3, 2025.