Kutigi was born in December 1939 at Kutigi town in Niger State. He started his educational career at Elementary School Kutigi, from 1946 to 1951. From there, he proceeded to the Niger Middle School, Bida 1952 to 1953. Between 1954 and 1959, he was at the Niger Provincial Secondary School Bida, after which he proceeded to the famous Government College (now Barewa College), Zaria where he studied from 1960 to 1961.
Between 1962 and 1963, he was at the Ahmadu Bello University, Zaria, after which he studied at the School of Oriental and African Studies, University of London, between 1963 and 1964. He also attended the Inns of Court School of Law, London, between 1963 and 1965, and the Gibson and Weldon College of Law between 1964 and 1965. He was called to the English Bar at the Lincoln’s Inn, London, on 20th July 1965. He attended the Nigerian Law School between 1965 and 1966 and was called to the Nigerian Bar on 22nd July, 1966.
As a Lawyer, KUTIGI acquired vast experience in the Ministry of Justice. He served at various time as Pupil State Counsel from July 1966 to July 1968; State Counsel, North Western State, July 1968 to July 1970; State Counsel Grade 1, July 1970 to July 1971; Senior State Counsel Grade 1, July 1971 to July 1972; Principal State Counsel, July 1973 to July 1974; Deputy Solicitor General July 1974 to July 1975; Deputy Director of Public Prosecutions, April 1975 to October 1975.
Between October, 1975 and March 1976, he served as the Chief Registrar, High Court of Justice, North Western States, Sokoto. Later he became the Solicitor General and Permanent Secretary, Niger State, between April, 1976 and December, 1977. Within that same period, he also served as the Attorney General and Commissioner for Justice, Niger State. In the course of his career in the civil service, he attended the Commonwealth and Overseas Legal Officers Course in the United Kingdom between 1970 and 1971. He also served as a member of the North Western States Local Government Reforms Committee between 1969 and 1970.
The judicial career of Kutigi began with his appointment as a High Court Judge in 1976. He served in that capacity until October 1980, when he was elevated to the Court of Appeal bench. In February 1992, he rose to the pinnacle of the judiciary in Nigeria when he was appointed a Justice of the Supreme Court.
At the Supreme Court, Kutigi was involved in many landmark judgments. In particular, he delivered the leading judgments of the Supreme Court in the cases of A. G. Abia State Vs. A. G. Federation (2002) 6 NWLR (Pt. 763) 264, wherein the Supreme Court resolved in favour of the Houses of Assembly of the States as against the National Assembly, the dispute between the Federal Government on the elections into Local Government Councils. That decision led to the eventual repeal of the Electoral Act 2001.
There are other important cases involving election matters such as Ugwu Vs. Ararume (2007) 12 NWLR (Pt. 1048) 367, where the Court held that a political party cannot substitute its candidate within 60 days to an election, except for cogent and verifiable reasons under Section 34(2) of the Electoral Act, 2006.
Similarly, in Amaechi Vs. INEC (No. 3) (2007) 18 NWLR (Pt. 1065) 105, the Supreme Court applied its earlier decision in Ugwu Vs. Ararume (supra), and went further to order the incumbent Governor to vacate his seat and that the appellant be sworn in as Governor immediately.
Hon. Justice Idris Legbo Kutigi, CJN saw Lord Denning as his role model. Lord Denning was of the Lincoln’s Inn and the Chief Justice of Nigeria was also of Lincolns Inn. Kutigi said he was inspired by the dissenting judgments of Lord Denning at the Court of Appeal which was always upheld at the House of Lords.
Upon his retirement, Kutigi was the Chairman of the National Constitutional Conference convoked by the Administration of President Goodluck Ebele Jonathan. The Kutigi Report will provide an answer to the vexed question of the restructuring of Nigeria.
God called His Lordship home on Sunday, 21st October, 2018 at a London Hospital after a brief illness.
Goodnight Great Jurist.
Adieu, Father of Judicial Activism.
Chief Chukwuma Ekomaru SAN FCIArb KSC
