*Counters Prof. Odinkalu: “Awolowo’s Treasonable Felony Conviction Upheld By 10 Supreme Court Justices”
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In a rejoinder dated 18th February 2025, Seyi Sowemimo, SAN, has addressed two recent posts by Professor Chidi Odinkalu, which he claims contain inaccuracies about significant historical events in Nigeria’s judicial and political history. Sowemimo, a legal practitioner and son of the late Chief Justice of Nigeria, Justice George Sodeinde Sowemimo, provided clarifications to ensure the correct versions of these events are preserved.
Professor Odinkalu’s account of the 31st December 1983 coup, which brought General Muhammadu Buhari to power, suggested that the then Chief Justice of Nigeria, Justice George Sowemimo, was out of the country at the time. Odinkalu further stated that the military proposed swearing in Justice Anthony Aniagolu as Chief Justice in his absence, but Aniagolu declined.
Sowemimo refuted this narrative, stating that his father, Justice Sowemimo, was indeed in the country during the coup. He explained that on the night of the coup, military officers sent the then Secretary to the Federal Government, Mr. Gray Longe, to invite Justice Sowemimo to Bonny Camp. Sowemimo detailed that his father was asked to swear in General Buhari as Head of State and accompany him for a televised broadcast. However, Justice Sowemimo declined, arguing that the military’s suspension of the Constitution made such a swearing-in illegitimate.
“The Chief Justice refused and impressed on them the fact that they had by their actions suspended the Constitution and that he could not therefore as the Chief Justice legitimately swear General Buhari as the Head of State,” Sowemimo stated. He added that the military accepted this explanation, and Buhari proceeded with the takeover without a formal swearing-in ceremony.
Sowemimo also addressed the claim that Justice Aniagolu was offered the role of Chief Justice, stating that such an offer would have been unlikely given the seniority hierarchy within the Supreme Court at the time.
Sowemimo also corrected Odinkalu’s account of the compulsory retirement of Justice Yaya Jinadu from the Lagos State High Court Bench. Odinkalu had claimed that the then Chief Judge of Lagos State, Justice Adefarasin, unilaterally withdrew a case file from Justice Jinadu.
Sowemimo clarified that it was Justice Jinadu who requested the reassignment of the case file to another judge. He explained that the Advisory Judicial Council, comprising the Chief Justice, the President of the Court of Appeal, and other justices, reviewed the case file and confirmed Justice Jinadu’s request. “It is therefore not correct or fair to give the impression that the case file was unceremoniously withdrawn from him by Justice Adefarasin,” Sowemimo stated.
He noted that Justice Jinadu’s false claims against the Chief Judge infuriated members of the Supreme Military Council, leading to his compulsory retirement. Sowemimo described the retirement as an unfortunate end to an otherwise commendable judicial career.
Sowemimo also took issue with Odinkalu’s characterization of Justice Sowemimo’s judgment in the treasonable felony case against Chief Obafemi Awolowo as “infamous.” He emphasized that the judgment was unanimously upheld by a panel of five Supreme Court justices, including Sir Adetokunbo Ademola, Sir Lionel Brett, and Justice Louis Mbanefo, among others.
He referenced the Supreme Court’s decision in Michael Adedapo Omisade & Ors vs The Queen (1964), which affirmed the conviction. Sowemimo also highlighted a similar case involving Chief Anthony Enahoro, whose conviction for treasonable felony was also upheld by the Supreme Court, albeit with a reduced sentence.
“It is unfair in the circumstances to describe the judgment of the trial court as infamous, considering the fact that 10 reputable justices of the highest court upheld the conviction of the accused persons,” Sowemimo argued.
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He urged that write-ups on such sensitive issues should aim to inform the public accurately rather than perpetuate misconceptions.
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