HOW did Chief Richard Osuolale Akinjide (SAN), who died on Tuesday, come about the nickname 12 2/3? It all happened in 1979 during the legal battle over that year’s presidential election.
The electoral dispute was a litmus test for the Supreme Court. Everything hanged on its pronouncement which was being awaited on September 26, 1979. Sixteen days earlier, the Court of Appeal, which served as the Presidential Election Petition Tribunal, had dismissed the claim of Unity Party of Nigeria’s Chief Obafemi Awolowo that President Shehu Shagari of the National Party of Nigeria did not win the election as he did not score 25 percent of the votes cast in two-third of the then 19 states of the federation.
The Federal Electoral Commission (FEDECO) had declared Shagari winner on the basis that he scored 25 percent of the votes cast in 12 2/3 states, which it interpreted as two-third of 19 states.
Awo disagreed, insisting that two-third of 19 states was 13 and not 12 2/3 as there cannot be a fraction of a state. So, the issue before the Supreme Court, the Presidential Election Appeal Tribunal, was as clear as daylight: what is two-third of 19 states? Awo, through G.O.K Ajayi (SAN) argued that it was 13. Shagari, through Akinjide submitted that it was 12 2/3. All waited with bated breath as the seven-man panel of justices comprising Atanda Fatai-Williams (CJN), Ayo Irikefe, Chukwuweike Idigbe, Mohammed Bello, Andrews Otutu-Obaseki, Kayode Eso and Muhammadu Uwais read its judgement, just five days to the Presidential Inauguration on October 1, 1979. In a 6 – 1 decision, the court upheld Akinjide’s submission of 12 2/3 and validated Shagari’s election.
In a minority verdict, Eso disagreed with his colleagues, upholding Awo’s claim that two-third of 19 states is 13. The majority decision, which the court said would not be cited as authority in future, paved the way for Shagari’s inauguration and his subsequent appointment of Akinjide, who has earned himself the 12 2/3 moniker, as attorney-general and minister of justice.
Akinjide was among the best in his profession, attaining the prestigious rank of SAN with Awo, G.O.K Ajayi, Kehinde Sofola, Remi Fani-Kayode, Augustine Nnamani, Ben Nwabueze, P.O. Balonwu, Mudiaga Odje, Nwakanma Okoro, Olisa Chukwura, E.A. Molajo and T.A. Bankole-Oki in 1978. Akinjide ran a good race. Rest well, chief. (The Nation)
