Chief Godwin Olusegun Kolawole Ajayi, SAN, was one of Nigeria’s most prominent constitutional lawyers of the late twentieth century. His professional life unfolded during a period marked by decolonisation, contested elections, military interventions, and sustained debates over constitutional authority. Operating within these turbulent contexts, Ajayi gained widespread recognition for his involvement in landmark cases that challenged the meaning and limits of constitutional governance in Nigeria.
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Belonging to the generation of Nigerian lawyers trained in the common law tradition during the late colonial and early post-independence periods, Ajayi’s career coincided with the consolidation of legal institutions and the growing role of courts in political disputes. By the time of his death in March 2014, he was recognised within the legal profession as a Senior Advocate of Nigeria whose work left a lasting imprint on constitutional litigation.
Early Life and Legal Education
Ajayi was born in 1931 during the colonial period, a time when access to Western legal education was expanding but still limited to a small elite. He received his early education in Nigeria before travelling to the United Kingdom to study law, following a path common among aspiring Nigerian lawyers of his generation.
He was admitted to one of the Inns of Court in England and called to the Bar, receiving formal training within the English common law system. This education shaped his professional outlook and provided the legal foundation for his later practice in Nigeria. Upon his return, he was enrolled as a barrister and solicitor of the Supreme Court of Nigeria, enabling him to practise across all levels of the Nigerian judiciary.
Legal Career and Professional Standing
Ajayi began practising law during Nigeria’s early post-independence years, a period characterised by constitutional experimentation and increasing political tension. As disputes over governance intensified, litigation became an important mechanism for contesting political authority and interpreting constitutional provisions.
Over time, Ajayi developed a reputation for meticulous legal argument and a strong emphasis on constitutional text and structure. His practice included constitutional, commercial, and appellate matters, and he became particularly known for his role in election-related litigation.
He was eventually conferred with the rank of Senior Advocate of Nigeria, an honour reserved for legal practitioners who have demonstrated professional excellence and made notable contributions to the development of Nigerian law. His elevation reflected peer recognition rather than political appointment.
The 1979 Presidential Election Case
Ajayi’s most widely cited constitutional engagement arose from the 1979 presidential election, Nigeria’s first national election after over a decade of military rule. He served as leading counsel to Chief Obafemi Awolowo, who challenged the declaration of Alhaji Shehu Shagari as the winner.
The legal dispute centred on the interpretation of constitutional provisions requiring a presidential candidate to secure a specified geographical spread of votes. Ajayi advanced a rigorous textual and numerical interpretation of the relevant sections of the Constitution, arguing that the declared result did not satisfy constitutional thresholds.
Although the Supreme Court ultimately ruled against Awolowo, the case established enduring precedents in Nigerian constitutional law. It clarified judicial approaches to electoral disputes and demonstrated the judiciary’s role as the final arbiter in contested transitions to civilian rule.
June 12 and Constitutional Advocacy
Ajayi later participated in legal efforts responding to the annulment of the 12 June 1993 presidential election, widely regarded as the freest in Nigeria’s history. He served as one of the legal representatives associated with Chief M.K.O. Abiola, the presumed winner of the election.
During this period, constitutional litigation faced severe limitations due to military decrees that restricted judicial review. Within these constraints, lawyers sought to assert principles of electoral legitimacy, popular sovereignty, and constitutional continuity. Ajayi’s involvement placed him among a broader group of legal practitioners who used available legal tools to challenge the erosion of democratic norms.
Constitutionalism Under Military Rule
A substantial portion of Ajayi’s career was conducted under military governments, which ruled Nigeria for much of the period between 1966 and 1999. These regimes often limited civil liberties and constrained the judiciary through ouster clauses and emergency decrees.
Despite these restrictions, constitutional litigation persisted as a means of preserving legal norms. Ajayi’s professional conduct during these years reflected a commitment to legal process, even where outcomes were uncertain. His work illustrates how lawyers functioned as institutional stabilisers during periods of authoritarian governance.
Influence Within the Legal Profession
Beyond courtroom advocacy, Ajayi was respected within the Nigerian Bar for his professional discipline and mentorship. He was known to encourage rigorous legal reasoning and ethical practice among younger lawyers, contributing to professional continuity across generations.
He also participated in professional discussions on constitutionalism, judicial independence, and the role of the Bar in a democratic society. These contributions reinforced his standing as a lawyer engaged not only in litigation but also in the intellectual life of the profession.
Legacy
Chief G.O.K. Ajayi’s legacy lies in his sustained engagement with constitutional law during periods of political uncertainty. His participation in landmark electoral cases continues to be referenced in legal education and scholarship.
Rather than being defined by case outcomes alone, his significance rests in demonstrating how constitutional advocacy can function as a restraint on political power. His career remains a reference point for legal professionalism and constitutional fidelity in Nigeria.
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Author’s Note
Chief Godwin Olusegun Kolawole Ajayi, SAN, was a consequential figure in Nigeria’s constitutional development. Through advocacy in electoral disputes, engagement during military rule, and leadership within the legal profession, he contributed to shaping Nigeria’s constitutional practice.
His life illustrates the enduring role of law in mediating political conflict and sustaining democratic ideals, even under adverse conditions.
References
Supreme Court of Nigeria, Awolowo v. Shagari (1979).
Nigerian Bar Association, Professional Records and Obituaries (2014).
Oko, O. (2003). Constitutionalism and the Nigerian Judiciary. Journal of African Law.
