A time to bow out

…As retiring justice, Daniel-Kalio, drags best of the bench and bar to Port Harcourt

His professional colleagues, judges, justices, and Senior Advocates of Nigeria (SAN) alike emphatically called him different names: the incorruptible judge, man without blemish, stickler to time, the nine o’clock judge, the man that releases written judgment same day, etc.

Despite these accolades after about 30 years of judicial service, the Okrika-born jurist, Obietonbara Owupele Daniel-Kalio, retiring as Justice of the Court of Appeal from the Asaba district, must say goodbye in his own words. It is a rare privilege of getting to retirement age.

It however took the pronouncement of a female leader of the Bar, Cordelia U Eke, chairman, Port Harcourt branch of the Nigerian Bar Association (NBA), to declare it ‘A Time to Bow Out’.

In making the declaration, Eke said Daniel-Kalio is an enviable jurist, and everything good lawyers ever wanted to be in law practice. She said the historic event is worth it, what with the presence of 16 superior judges.

Eke went ahead to say Rivers Bar is being honoured too, and revealed how Daniel-Kalio was born in Lagos on February 17, 1956, thus retiring on February 17, 2026. It was the year the Duke of Edinburgh visited Lagos and Daniel-Kalio’s mother began calling him ‘the Duke’. It took over his name.

She revealed that the young Daniel-Kalio studied at Kings College and Unilag and later in the Lagos Law School before he was called to the Bar in 1981. He did his masters in Law in the UK.

The brilliant lawyer was state counsel after his National Youth Service Corps (NYSC) year and rose to head of legal drafting unit in Port Harcourt Ministry of Justice in 1995.

Recounting his record further, she said the retiring justice bagged ‘Best Judge’ and later ‘Judge of the Year’ in 2002 and 2008 respectively. He later bagged the Saduana Leadership award in Kaduna. “He was conferred with the Officer of the Federal Republic (OFR) and the state conferred on him the very high award of DSSRS (Distinguished Service Star in Rivers State). “He is a strict believer of justice on due process, and this showed in most of his judgments. He is my model. His court always inspired young lawyers: no scandal or evils around him. He is highly contented. Judges ought to be modest, and contented.”

Eke concluded that ‘The Bar is proud of you.’

Onueze Chukwujinka Joe (O.C.J.) Okocha, a Senior Advocate of Nigeria (SAN) and a distinguished Nigerian legal practitioner, representing the body of SANs, agreed totally with the NBA chairman. He said: “Daniel-Kalio is a serious judge, known to always hand out copies of his judgment same day. Most lawyers highly appreciated this. He never had conflict with lawyers appearing in his court.

“He is useful and valuable in Rivers State and Nigeria. He has an unblemished record. We congratulate you.”

The event that spilled into two large halls at the Court of Appeal complex on Moscow Road in Port Harcourt marked the presence of many top jurists and SANs and other dignitaries including Monica Bolna’an Dongban-Mensem, President of Court of Appeal; Mary Odili, the retired justice of the Supreme Court, who was chairman on the occasion; OCJ Okocha as leader of the body of SANs (and bench); two professors, Yemi Osinbajo, Nigeria’s immediate past vice president; and Ngozi Ordu, deputy governor of Rivers State, who represented Gov Sim Fubara, the state governor.

In her keynote address, Monica Bolna’an Dongban-Mensem, President of the Court of Appeal of Nigeria since June 11, 2020, described Kalio as a judge with promptness in daily resumption of court, calling him ‘a 9’oclock man’.

She said the retiring justice is not only dedicated but is a one of the finest jurists with specialty in legal drafting. “He is a man of few words, and highly sought after who won several awards as ‘Judge of the Year’.

“His life was dedicated to the cause of justice. He served last in Asaba federal judicial district after we both served in Awka district. He served for three decades in the judiciary. He ended up as one of the finest jurists. He is 70 today, February 17, 2026. He left footprints and imprints on Nigeria’s jurisprudence. He is an expert in legal drafting. He is highly valuable and needed in legal drafting and rules reviews. Little wonder he won Best Judge and also Judge of the year in 2002 and 2008, as well as other awards.

Many more dignitaries called Daniel-Kalio many more adoring names. The representative of Rivers State Ministry of Justice said Daniel-Kalio was formed in the womb of the Rivers State Judiciary (starting from the Ministry of Justice). He said the retiring justice is a core jurist concerned about justice and that his record is a legacy, both on the Bench and Bar.

Speaking, Osinbajo, a law professor, who said he was mates with Daniel-Kalio from the age of eight (in the primary school) up to same hostel in the University of Lagos, said; “He was always ahead of all of us and at school. He was at home with many long quotes. “I am not surprised at his records in service, in fact, I thought he was to go into politics and be a leader.

“We all know he is an incorruptible judge, and you can trust his judgment. Now that he is retired, we expect a lot of writing from him. Today alone, he has three books on display for unveiling.” Many others said they expected the retiring justice to do more writing.

On his own, Gov Fubara (represented by his deputy) said Daniel-Kalio’s years of service were defined by diligence, courage, and an unwavering commitment to justice.

He noted that the retiring justice leaves behind a legacy that would continue to inspire both the Bench and the Bar. He however announced a ₦50 million donation by the state government in support of the book launch.

Mary Odili, chairperson of the occasion, praised his brilliance and industry from his early days at the Rivers State Ministry of Justice.

Samuel Ogbuku, MD/CEO of the Niger Delta Development Commission (NDDC), said he was honoured to join over 40 Justices of the Court of Appeal, alongside Osinbajo, Mary Odili, and other distinguished legal luminaries at the valedictory court session and book presentation.

He said he was impressed with the retired jurist’s admirable mien, composure, and courage which he said earned him deep respect and affection among members of both the Bench and the Bar.

He said: “My Lord Daniel-Kalio’s erudition and industry are truly compelling. His eloquence and mastery of the law were consistently evident in the course of dispensing justice.

“The three books presented by Justice Daniel-Kalio reflect his profound scholarship and command of both law and language. These works stand as enduring gifts bequeathed to the legal profession and to society at large.”

Daniel-Kalio speaks, warns against destroying the judiciary

The jurist, who seemed to find himself free to make public speech for once since he joined the judiciary, said the day marked the end of a long and reliable journey on the bench.

He said: “Let me say a few words as I exit the bench.” He recounted his early life up to the London School of Advanced Legal Studies at the University of London, Russell Square, London, under the sponsorship of the British Council. “Later, I enrolled at the University of Birmingham in Birmingham, England, where I obtained my LLM degree.

“My father was a senior civil servant during the colonial period; he retired from the central technical department as an accountant a few years after my birth.” He touched on his days with Osinbajo at the age of eight and at different schools, but said at 70, he has gone through different stages and scenes. “Today I thank God for seeing me through all the acts and scenes of the judiciary stage. I have written about 1,500 judgments, traversed Nigeria North, South, East, and West by road and by air for a number of kilometers I cannot put into figures.

I know that God will continue to guide me through fresh acts and scenes on the stage of life as they unfold.”

He paid great tributes to two persons including the Justice, Kayode Eso, who he said nominated him to be a judge, and Monica Dongban-Mensem, the President of the Court of Appeal.

Agony from my home state:

The man of few words however spoke a bit to show the injuries professionals and bureaucrats in Rivers State have gone through in the numerous political wars that have raged in the state since 2012 which seemed to have seared the bureaucracy into two at each time.

He said: “I arrived in Ibadan in a mood that was anything but happy. Barely a week after my arrival, I got a formal letter from the Rivers State Judiciary giving me notice to quit my official residence in Port Harcourt within three months of the notice.

“I had no residence in Ibadan where I could presently move my family into. When I received my first pay at the Court of Appeal, I could not believe my eyes. The figure I saw was roughly half of what I was receiving as a judge in the Rivers State High Court. My knowledge of geography is that the higher you climb, the cooler it becomes. But there was nothing cool about my elevation to the Court of Appeal. Rather, it appeared like being sent to the Gulag Archipelago.

“Yet it was at that low moment of my career that Honorable Justice Dongban-Mensem, who had recently lost her first son after a promising law student in a ghastly motor accident, stepped in to show empathy and compassion.”

He said despite her own loss, Dongban-Mensem handed all her allowance to him to help out, even when he did not inform her of his financial predicament.

Give the judiciary some credit:

Even Okocha who stoutly defended the judiciary from the attacks from the NBA did not seem to have the courage to absolve the judiciary of the ongoing corruption charges by most Nigerians. He only insisted that cases of corruption against any judge or lawyer should be treated in isolation, not to lump everyone into one basket. Maybe for the sake of the likes of Daniel-Kalio who have been proven to be downright clean.

Daniel-Kalio however said: “Many legal minds have often said that the judiciary is the last hope of the common man. I believe this statement is true. However, lately in Nigeria, the problem of vitriolic attacks directed at the judiciary has become very loud and disconcerting.

“In the midst of the din, the judiciary has been denied one of the two top pillars of natural justice: the right to a fair hearing. I think it is necessary to give the judiciary some credit.

“Of the three arms of government, it is only the judiciary that has the mechanism for internal discipline. In this regard, the National Judicial Council has exercised disciplinary action against many erring judicial officers, including in some cases outright removal from office. It is also noteworthy that in the judiciary, the work does not stop at the trial court. It is evident that when the decisions of the trial court are wrong, the appeal process through hierarchical courts leaves room for correction. The unnecessary vilification of the judiciary must therefore be reigned in, as there are means for ensuring that even when decisions are perceived to be bad, they can be corrected on appeal.

“While I will not say that there is no loss that ails the judiciary, the naturally enamored negativity must not be given fresh free rein.

“This is because if the judiciary is destroyed, we might as well say goodbye to the rule of law, as the law of the jungle will prevail—meaning that it is those who are strong and apply ruthless self-interest who will be successful.”

Judges must live up to oath of office:

He said it is also necessary to say that it is incumbent on every judge to live up to his oath of office, namely, to do justice without fear or favor, affection or ill will. “No judicial officer should for any reason refuse to mirror the image of Lady Justice which has been portrayed as having blindfolds, meaning she does not care to know who is before her and rather carefully weighs every side of a case.

Warning: The judge must be judged

He said: “Every judge must also remember that the judge too will be judged, as the Bible says. Working as a judicial officer has afforded me the opportunity to live and work in all parts of Nigeria: West, North, East, and South, in that order. It is necessary to appreciate what we have. As the proverb goes, ‘You don’t value what you have until you lose it.’ The rat race in Nigeria has got to stop, whether in politics, in careers, or in business. But why must a thing be a do-or-die matter? Why must the sentiment be ‘it is either my way or the highway’? Why must there be a reckless race to acquire and acquire without regard for the common good? While I read that wealthy people in Western countries plan to give away 99% of their wealth, here in Nigeria, there seems to be no thought of the future, apparently.”

Attitude is harming Nigeria deeply:

“This attitude of Nigerians is causing the country a lot of harm. We as Nigerians must look at ourselves in the mirror, and perhaps we will see the reflection of where the problem truly lies. We must be emphasized beyond parochial and homegrown sentiments. Indeed, we must embrace and lay emphasis on the high-minded sentiment eloquently captured in our national anthem, which exhorts: ‘Help us to build a nation where no man is oppressed.’ That way, Nigeria will be blessed with peace and plenty. We must live and let live; the sky is big enough for everyone.”