Mudiaga Odje

Mudiaga Odje (25 September 1923 – 9 December 2005) was a Nigerian attorney and Senior Advocate of Nigeria who helped shape both the constitutional and legal systems of the Federal Republic of Nigeria.

Odje was the lead counsel in the first successful impeachment of a sitting governor in Nigeria and was also one of the only lawyers to have persuaded the Supreme Court of Nigeria to overrule itself on a previous decision.

Early life

Mudiaga Odje was born in the town of Evwreni, in Delta State, Nigeria. He was one of eight sons. After leaving school, he trained at the Government Teachers’ Training College in Warri from 1944 to 1945. He then taught at the N.A. Schools in Uzere and Ughelli, the Salvation Army School, Sapele, and Urhobo College, Effurun from 1946 to 1954.

He read law at University College and the School of Oriental and African Studies, both part of the University of London. He successfully completed the legal profession course at the Council of Legal Education, London, and was duly admitted into the Inner Temple of the English Bar on 5 February 1960.

He returned to Nigeria in July 1961, but went back to London three years later to complete his doctoral programme.

Role in constitution drafting

Odje participated in the drafting of the Constitution between 1966 and 1977, when he was a member of the Ad Hoc Constitutional Conference in Lagos, as well as in the Constituent Assembly.

Law career

Odje obtained his LLM and his PhD in law from the University of London and received his doctorate in 1965.

Odje's PhD Thesis on the "Law of Succession in Southern Nigeria with special reference to the Midwestern Region" (London, 1965) remains a veritable source of academic and legal rallying point to date.

As a prosecutor, Odje was the lead counsel during the Hon. Begho Tribunal that probed assets of former public officers of the Midwestern region of Nigeria in 1966. Odje was also chairman of the Odje Commission of Inquiry, Bendel State, Nigeria from 1975 to 1976 that probed assets of the former public officers of Bendel State. Both Tribunals resulted in the convictions of public officers and confiscation of assets acquired through corrupt practices.

As an Attorney, Odje was President of the Nigeria Bar Association (NBA) from 1974 to 1976. He would later become a Fellow of the International Academy of Trial Lawyers F.I.A.T.L (USA) in December 1976.

On 12 January 1978, Odje became the first Senior Advocate of Nigeria of Urhobo extraction in Delta State of Nigeria. He was subsequently elected to represent Ughelli and Isoko Local Governments in the Nigeria National Constituent Assembly in 1979.

Landmark cases

In his legal career Odje handled many cases that sharpened the Constitutional and Legal Systems of Nigeria.

Odje handled very contentious cases up to the Supreme Court on the Law of Succession under Urhobo, Itsekiri and Benin Native Laws and Customs. Some of these cases include:

(i) Thompson Oke & Anor V Robinson Oke and Anor (1974) 1 ALL NLR 443

(ii) Idehen V Idehen (1991) 6 NWLR (pt 198) 382

(iii) Agidigbi V Agidigbi (1996) 6 NWLR (pt 454) 300

Odje was the lead Counsel in the case wherein the first impeachment of a sitting Governor in Nigerian Legal History, Alhaji Balarabe Musa of Kaduna State was successfully conducted and upheld by the Court (Alhaji Balarabe Musa V Auta Hamza and 6ors 1982 3NCLR 229). Odje was also included in the significant constitutional precedent that validated the elections of President Shehu Shagari by the Supreme Court of Nigeria in 1979 in the case of Chief Obafemi Awolowo V Alhaji Shehu Shagari 1979 ALL NLR 120 In the spirit of protecting the Ethnic Nationalities of Nigeria, and their natural resources, Odje successfully protected the riparian rights of fishermen from expropriation by the Federal Government of Nigeria in the case of Elf V Sillo (1994) 6 NWLR (Pt356) 258. On constitutional law, and the right of freedom of movement in Nigeria, Dr. Odje handled the locus classicus of Federal Ministry of Internal Affairs V Shugaba (1982) NCLR 915.

Odje was one of the only and foremost lawyers to successfully persuade the Supreme Court of Nigeria to overrule itself on its previous decision and accept his contention as the new and correct position of the Law. This legal accomplishment has been reported in the cases of Esewe V Gbe (1988) 5 NWLR (Pt 93) 134 which was overruled in Orubu V National Electoral Commission & 13 Ors (1988) 5 NWLR (Pt94) 323. Dr. Odje also handled many other landmark cases that augmented the Nigerian Legal System including the presentations of several thought-provoking lectures he delivered to both professional and non-professional bodies.

National honours

In October 1982, Odje was conferred with the National Honour of Officer of the Federal Republic of Nigeria (OFR) by President Shehu Shagari. Odje was also a Fellow of the Institute of Advanced Legal Studies, Abuja (FIALS). Odje was an Olorogun from his Ewvreni Kingdom in Ughelli North Local Government as well as an Okakyro of Okpe Kingdom, all in Delta State Nigeria.

Odje became a member of the Body of Benchers and a LIFE Bencher on 30 March 1989. He was also chairman of numerous bodies and committees, including;

• Chairman – Honorable BODY OF BENCHERS from 1996 – 1997.
• Chairman – Federal Government Commission for in-depth study of the Nigeria/Benin Republic boundary dispute, including the maritime sector from 1989 and 1990.
• Chairman – Delta State Committee on Review of Civil Procedure 2004.
• Chairman – Delta State Legal Team/Committee on the Resource Control Case at the Supreme Court now reported as AG of Fed VAG Abia 2002 6 NWLR (pt 764) 54

In addition, to the above, Odje was a member and vice Chairman of the Human Rights Violation Investigation Commission, known as the Oputa Panel. The Panel was established through the Statutory Instrument 8 of June 1999 by President Olusegun Obasanjo pursuant to the Tribunals of Inquiry Act of 1966. It was set up to investigate incidents of Traditional Justice Institutions and Organizations as well as gross violations of Human Rights committed in Nigeria between 15 January 1966 (the day when a military coup instituted military control over the country), and 29 May 1999 (the day when Obasanjo hitherto became President).

Personal life

Odje was a holder of four chieftaincy titles, including Olorogun and Okakuro in Urhoboland and Delta State.

Odje was married to Mary Oserhire-Uloho and they had seven children; five went on to become lawyers, while one went into accountancy and one choose a career as a university professor. At the time of his death in 2005, he was married to Chief (Mrs.) Paulinah O. Odje (JP). Mrs Paulinah Odje passed away in February 2021.

Dr Odje is buried at St. Andrew's Anglican Cathedral, Warri in Delta State.

External links

• Profilesupremecourt.gov.ng Archived 23 October 2015 at the Wayback Machine
• Odje, Mudiagawaado.org Archived 1 April 2017 at the Wayback Machine
• Albert Akpomudje (19 December 2005). "Nigeria: Mudiaga Odje, San, O.F.R.: Exit of a Legal Luminary". This Day. Lagos. Retrieved 14 March 2024 – via AllAfrica.
• Ekeh, P.P.; Urhobo Historical Society (2007). History of the Urhobo People of Niger Delta. Urhobo Historical Society. p. 676. ISBN 978-978-077-288-8.