Justice Mariam Aloma Mukhtar; My Regrets

  Justice Mariam Aloma Mukhtar retired as the nation’s Chief Justice last week Thursday after she attained the statutory age of 70. She was born into a humble family of Mukhtar and Hadiza in the present Adamawa State. Her fraud father, an itinerary trader was a wares’ merchant.

Following her father’s itinerary, she moved with him from one place to the other. Justice Mukhtar, who attained 70 years on November 20 was born in Lagos, where she started her elementary school. She was her father’s second child and mother’s only surviving child.

This, however afforded her to major in some Nigerian languages, especially the Yoruba which she speaks fluently. The retired Chief Justice, however chronicled her ‘judicial’ journey to the highest echelon regretting that despite her effort to free judiciary from the grips of the executive arm of government, the third-arm of government still experiences unnecessary interference from the executive.

She said: “What readily comes to mind is the recent refusal of state Governors to implement the orders of the Federal High Court to allocate to their states Judiciaries the funds they are entitled to in the state’s Budgets. As a result of this refusal, Judicial Staff have gone on strike, suspended it and have threatened to resume if the orders are not implemented.

The non-implementation of the orders may in future be disastrous to the Judiciary and the country as a whole”. Justice Mukhtar said the impunity must stop if the independence of the judiciary must be guaranteed.

On her journey to the highest echelon of the juduciary, she said she would not have attained the laurels bestowed on her without her parents, lamenting their deaths while describing it as the most harrowing experience of her life. She said: “I was born into the family of Muktari and Hadiza seventy years ago in the City of Lagos. I am the second child of my father, the first died at a very tender age and the first of my mother.

My father was born in Wuro Sambe in the present Adamawa State to a father who was an itinerary trader who traversed the length and breadth of Nigeria selling wares, from his Village of Janguza in the present Dawakin Tofa Local Government of Kano State. My mother was an indigene of Misau, in the present Misau Local Government of Bauchi State. Her forefathers migrated from Borno and lived in Misau until their death. They were called Fulata Borno i.e a mixture of Fulani and Kanuri, not Hausa. So you can say I am a Hausa and the above two put together.

“I started growing up in Lagos amongst the Yorubas, the Yoruba language being my first often spoken language. I will at this juncture state that contrary to what many people want to believe I am not Yoruba. No doubt I speak Yoruba fluently, sometimes better than the Yorubas themselves as some people say even better than my native Hausa language. This is so with all my siblings as they also speak perfect Yoruba.

As a matter of fact there is one who can never converse in Hausa without alternating with Yoruba words. My mother died on the 29th of August 1991, and my father on 30th of August 1992, exactly one year and one day after the other. It was a devastating period for me, for they were both very loving parents who spared nothing to ensure I achieved the goal I set for myself.

They were very patient with me, and I would say without them and God I wouldn’t have reached where I am today. My upliftment by the Almighty Allah was made possible through them, and I can never thank all of them enough. My father had 17 children nine of whom are alive today, eight having died either as young children or adults. My mother had two of us, but I am the only surviving one, my sister Mrs. Hairatu Gwadabe having died in 2000.

It was a most traumatic experience for the whole family because of the circumstance of her death. She had five children, but one died in the same circumstance, leaving behind four children. Justice Mukhtar said her status and the height she had attained in life would not have been possible without her father.

Her words: “On my father’s return from Sierra Leone, I told him of my desire to travel to Britain to further my education, having completed my Primary School and a part of post Primary education, he was agreeable and thought it was a splendid idea, in view of my past performance. A passport was secured for me after I had gained admission to Rossholme School for girls in the county of Somerset England. The school was in the small village of East Brent, near High Bridge.

In 1961 I flew to England on board the BOAC to complete my post primary Education. I was met at the airport by the Secretary of the then Nigerian High Commissioner to Britain, Alhaji Abdulmalik who was my Guardian throughout the period of my studies in England. I was conveyed to his residence, the famous 34/36 Chapel Street, Belgravia, London where I continued to spend my holidays with his family.

It was a time when black people were very few in the United Kingdom and in particular in the villages. In fact I was the first black person to reside in East Brent, and it was the most harrowing experience initially, because I was always inundated with most ridiculous questions, like whether people lived on trees in Africa, and if it was true that Africans had tails like monkeys.

Some months after my admission into the school another Nigerian joined me, and I became relieved as their inquisitions were transferred to her and with the two of us in that Community they became more accommodating. I settled down to my studies and took my G.C.E. ‘O’ level Examinations in 1962 and was successful in the subjects I took and scored the highest grade in History.

As a matter of fact before the results were out I had been awarded the prize for the best history student in the school. After my Ordinary Level Examinations I applied for the Northern Nigeria Government Scholarship, which I got to start the G.C.E. Advanced level programme.

Choice of career

I was admitted to Reading Technical College to study Economics, Economic History and the British Constitution. The first year virtually covered the whole syllabuses, and we were told we could attempt the examination if we wished. Many of the students expressed their interest, so I also saw no harm in giving it a shot in preparation for the examination after completing the two years programme. It was in this wise that I did not fill the UKAS form for admission to any university.

Alas! to my utter dismay I passed two of the three subjects with good grades. Armed with two ‘A’ level subjects I went to the Northern Students Affairs Officer, Alhaji Usman Suka in the Agent General’s office in the Nigerian High Commission.

The late Mallam Usman Suka looked at the result and in his excitement said, if I could attain this result after only one year he was certain I will pass the three subjects with flying colours after the second year. I asked him what he meant by that, and he replied that I should go back to Reading to complete the course and take the examinations again. I told him with my two ‘A’ levels I can secure admission to any college for any professional programme.

I toyed with the idea of being a librarian or a Radiographer at different times during that period. That was after jettisoning my longtime dream of adorning myself with the white Nursing Sister uniform and its cap when I was growing up. Prior to that there were three gentlemen who were studying law in Chapel Street, and who had always teased me about studying law too.

I say teased because I never thought I would be able to sit for lengthy hours reading books, the way I see them do. When I showed them my results and told them the dilemma I was in, not wanting to go back to Reading for the completion of the ‘A’ level programme one of them suggested that I enroll in the Inns of Court to read law.

I again asked the question do you think I can do it? They all in chorus said I can. The three gentlemen were Moshood and Muazu Abdulmalik (of blessed memory) and Lameen Metteden. I heeded their advice and headed to the High Commission to meet with Malam Suka again on what the next course of action on my studies will be.

As soon as I entered his office, he looked at me with frustration in his eyes and asked if I had made up my mind about going back to Reading. He had a dream for me to further my education up to a master’s degree level in the university. At that time my view was that a minimum qualification would suffice for any woman, and I conveyed this to him.

He gave me a stern look and said “yarinya nan kina da taurin kai”, meaning I was a stubborn girl. I am afraid this description followed me!! Anyway, he agreed to process an admission for me into one of the Inns of Court to see if I can become a lawyer as I had earlier told him I wanted to try. He succeeded in enrolling me into the Middle Temple and also into the Gibson and Weldon School of Law on Chancery Lane, London.

Law programme I started the Bar programme with Roman law and another subject, and yet another subject of learning to glue myself to the chair in the library, for at that time I was restless and liked to be on the move all the time. It was like a punishment initially but with time and practice I got used to it and became properly focused.

In early 1966, I was ready to attempt my part II English Bar Examinations and I took it with some of my Northern Student mates. At that time it was difficult to pass the final Bar Examinations at the first attempt, most especially because of the most ever difficult subject called ‘Equity’. I will digress a little bit at this juncture to narrate a joke associated with the subject.

Two women met at the popular Shepherds Bush Market in London and one after the usual greetings said to the other “Mama Tokunbo o ma to ijo meta, mo se bi eti pada lo si ile ni” to which the other answered, “Equity ni o je ka ti lo o” meaning ‘Mama Tokunbo it’s a long time, I thought you have gone back home, to which the other retorted that the subject of Equity had prevented their return, as her husband had been battling with it without success.

Now, back to the first attempt at the final Bar Examination, I took the Examination and to my surprise I got a conditional pass, which left me with a failure in Common law and not the almighty Equity which was the fear of every law student. I beseeched myself with joy as it was as though I had already become a Barrister at Law.

The fact that I still had a subject to sit again was inconsequential because it was the easiest subject, having done its components in the first part of the Bar Examinations. In fact that must have led to the failure in that subject because I took it for granted, and so did not revise the different components very well. On reading the result, I quickly proceeded to Mallam Suka’s office. I entered his office with such excitement that he stared at me with consternation. I broke the good news to him that I had a conditional pass at the first attempt.

Having been the Student Affairs Officer for some years he appreciated my excitement and joy for he was experienced in the intricacies of the Bar Examinations. He congratulated me. I told him my plans which were to work towards sitting for the Common law subjects which I failed and the booking of my journey back to Nigeria immediately after the Examination.

He did not understand the sequence of events as tabled before him, so he told me to carefully layout what I was contemplating to do in detail. I told him I will take the Examination in July and then proceed to Nigeria in August to await my resumption at the Nigeria Law School in the 1966/67 session. I will apply for provisional admission pending the outcome of the result.

He couldn’t believe what he heard. He shouted that I would be taking a big risk in the circumstance as I may fail the subject. I told him I can’t fail, for it was an easy subject which I failed because I was careless, and that if I failed I could always come back to repeat it, as I was tired of England. In his characteristic way he looked at me with disbelief, shook his head and reiterated my stubborn tendencies.

He tried to convince me to change my mind, but I refused, so he recorded my requests to pay for the resist Examination and book my passage on the ship, MV Apapa to return to Nigeria; and also to apply for provisional admission in the Law School for me. In September, 1966 I set out on MV APAPA from Liverpool, England for a two week journey by sea to Apapa Lagos. On arrival I proceeded to the Nigerian Law School at Igbosere Street at the earliest opportunity.

I met with the Administrative Officer who gave me some forms to fill and informed me of my provisional admission that will be confirmed as soon as the result of my common law is out. I already knew when the result will be out, so on that day I went to Kingsway Stores along the Marina to buy a copy of the London Times Newspaper in which the Bar results are usually published.

As soon as I saw my name under the reference list of the results, I proceeded to the Law School to show the Secretary, who had in fact already seen it and had already prepared all papers necessary for me to commence the one year programme. On the 22nd day of November 1966 during the Michaelsma Term I was called to the English Bar at the Middle Temple in absentia. In absentia meant I was not present at the call. We were called to the Bar in June, 1967.

There were only eight females in that set, and only three of us became Judges. Some became successful Private Practitioners, and one became a business woman. Pupilage As it was the practice during that period, letters of appointment were already waiting for all of us on Scholarship. I proceeded to Kaduna to obtain my letter of employment as a Pupil State Counsel in the Ministry of Justice.

A few months later I was seconded to the legal drafting department of the Interim Common Services Agency as a legal draftsman under an English man called Mr. King. I think he is late now because even at that time he was well over fifty years old. As I was still interested in court work as the legal drafting was less demanding on my time I made myself available for any assignment that involved going to court. Towards this end, I would sometimes travel to Ilorin or Bida to appear in Magistrate Courts. At that time there were no official cars or drivers in the Ministry.

I could not drive myself on such long journeys, so I would always travel by train. Early 1969 I transferred my services to the then North-Eastern State which then covered the present Borno, Bauchi, Adamawa, Taraba, Gombe, and Yobe States. The State had a single Ministry of Justice based in Maiduguri, the then Capital. I was the only female amongst males, and indeed from when I started work in 1967 I was the only woman amongst men.

In Maiduguri, again the problem of travelling to different provinces for Assizes or Appeal Sessions arose, more so that there were no railway lines in some areas. On some occasions the Judges would take me to and from Assizes/appeals sessions, and sometimes the District Officer or DPO will provide a landrover to convey me.

Career

In 1971, the State was short of magistrates and there was a backlog of cases especially in Maiduguri. The late Alhaji Buba Ardo (God bless his soul), after pondering over the situation invited me to his chambers to discuss the problem with me. He wanted me to become a Magistrate. I was disturbed and it was palpable, for he immediately added that it will be temporary until they are able to recruit lawyers from outside the State.

I did not like the proposition as I was happy with what I was doing then and did not want to leave my colleagues. He gave me an undertaking that it will be for only six months after which I will return to the Ministry. I became the first woman to be appointed a Magistrate in the Northern States of Nigeria. Of course, I never returned to the Ministry. In 1973 I moved to my home state Kano as an Acting Chief Magistrate.

No sooner that I moved, the then Chief Registrar moved to the Ministry of Justice, and I became the Ag. Chief Registrar, a position which I held until I was confirmed in 1976. My career right from inception to that point was smooth and fast, for I had everything so easy and as a matter of course, it was as though I was on the fast track line. In January 1977, I was sworn in as a Judge of Kano State thus becoming the first female to be appointed a Judge in the Northern States of our beloved country, and the third in the country as a whole.

The first female Judge in the person of the late Mrs. Modupe Omo-Ebo was appointed in November 1969, and the second one Elsie Oguntoye, a Briton married to a Nigerian was appointed just a few months before me, and so an era of women Judges in a terrain that was hitherto dominated by the male began. At the time I became a Judge, I was only thirty two years old, which made me the youngest Judge in the country.

As a pioneer in the North and virtually one in the country I was determined to acquit myself and justify the confidence reposed on me by the members of the then Advisory Judicial Council who found me worthy of the position. I was also determined to carve a niche for myself with a reputation without parallel, hence I applied myself to the work because I knew that if I was to excel I had to work thrice harder than the men. Indeed, as I watched one of my seniors being sworn in on television one evening I said to myself this is for men only, not any woman.

Little did I know that even with my pessimism I was destined to head the Judiciary of Nigeria. At that stage I did not even think of the Supreme Court, not to talk of the position of the Chief Justice. I reported at the Jos division of the Court of Appeal where I worked for five years before I was transferred to the Ibadan division of the Court. As the first woman Chief Justice of Nigeria I knew I had lots of challenges before me. First, a challenge to show the nation that given the opportunity a woman can perform the function of the Chief Justice as effectively and efficiently as any man. Secondly a challenge to reform a Judiciary that was always a subject of attack and ridicule to one that is worthy of commendation.
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