JUSTICE ADMINISTRATION, THE LEGAL PROFESSION AND HEALING THE DIVISIONS WITHIN -BY DR. OLUKAYODE ABRAHAM AJULO, OON, FCIArb.uk.
A PAPER DELIVERED BY DR. OLUKAYODE ABRAHAM AJULO, OON, FCIArb.UK ON 15th JUNE, 2023 AT THE IBADAN 2023 NATIONAL CONFERENCE OF EGBE AMOFIN O’ODUA
INTRODUCTION
According to Aristotle a Great Philosopher, “For man, when perfected, is the best of animals, but, when separated from law and justice, he is the worst of all; since armed injustice is the more dangerous, and he is equipped at birth with the arms of intelligence and with moral qualities which he may use for the worst ends. Wherefore, if he have not virtue, he is the most unholy and the most savage of animals, and the most full of lust and gluttony. But justice is the bond of men in states, and the administration of justice, which is the determination of what is just, is the principle of order in political society”.
In a nutshell, remove the concept of Justice and its administration in a society, and all that is left of that society are men worst, brutish, full of lust and gluttony, and summarily lacking order and control.
Consequently, Justice administration in Nigeria refers to the system and processes through which justice is delivered, maintained, and enforced in the country.
It encompasses various institutions, laws, and procedures that govern the legal system and ensure fairness, equity, and the rule of law.
STRATA OF JUSTICE ADMINISTRATION
Mentioning but a few, an overview of Justice administration in Nigeria bothers strictu sensu on the following mechanisms:
1. Legal System: Nigeria operates a federal system of government with a dual legal system. The legal system is based on a combination of English common law, Islamic law (Sharia), and customary law. The Constitution of Nigeria is the supreme law of the land and provides the framework for the legal system.
2. Judiciary: The judiciary is the arm of government responsible for interpreting and applying the law. In other words, the Judiciary is the branch of government whose task is the authoritative adjudication of controversies over the application of laws in specific situations. It is independent of the executive and legislative branches. The judiciary consists of various courts, including the Supreme Court, Court of Appeal, Federal High Court, State High Courts, Sharia Courts of Appeal, and Customary Courts of Appeal.
3. Administration of Justice: The administration of justice in Nigeria is primarily based on the adversarial system. Criminal and civil cases are adjudicated through this system, where parties present their arguments and evidence before an impartial judge or jury. The process includes pre-trial, trial, and post-trial stages.
4. Legal Profession: The legal profession in Nigeria is regulated by the Nigerian Bar Association (NBA) and the Body of Benchers. The NBA oversees the professional conduct of lawyers and promotes legal education and advocacy.
5. Law Enforcement: Law enforcement agencies play a vital role in the administration of justice. The Nigeria Police Force is the primary agency responsible for maintaining law and order, investigating crimes, and arresting suspects. Other agencies, such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), focus on combating corruption and financial crimes.
6. Corrections: The Nigerian correctional system is responsible for the custody, welfare, and rehabilitation of individuals convicted of crimes. The Nigerian Correctional Service manages correctional facilities and aims to provide humane treatment and facilitate the reformation of offenders.
7. Legal Reforms: Nigeria has undertaken various legal reforms to enhance the administration of justice. These reforms focus on improving access to justice, reducing case backlog, and enhancing the efficiency of the judicial system. Notable reforms include the establishment of specialized courts and the introduction of alternative dispute resolution mechanisms.
8. Challenges: Nigeria’s justice administration faces several challenges. These include delays in the resolution of cases, inadequate funding for the judiciary, corruption, insufficient infrastructure, and limited access to justice, particularly in rural areas. Efforts are being made to address these challenges and strengthen the justice system.
Having laid the foundation to the mechanisms that aid the administration of Justice in Nigeria, a little exposition would be given to an historical background of how Justice Administration thrived in the Old Oyo Empire before the advent emergence of Legal Practitioners in the Society.
In essence, how law and order was enhanced in the Old Oyo Empire, having been the longest existing Yorubaland from where other lands in the Western states protruded.
COMMENTARIES ON JUSTICE ADMINISTRATION IN THE OYO EMPIRE
The Old Oyo Empire was one of the largest empires in West Africa with its main city located in present-day Oyo State, Nigeria. The empire was founded in the 14th century and reached its peak in the 17th and 18th centuries.
The administration of justice was an integral part of the empire’s governance and played a crucial role in maintaining law and order.
Under the Old Oyo Empire, the administration of justice was decentralized, with each town or village having its own court system. The legal system operated in a hierarchical manner, with the Alaafin (supreme ruler) at the top, followed by the Oyomesi (council of high chiefs), then the Bashorun (prime minister), and other subordinate chiefs.
These chiefs had specific roles and responsibilities in the administration of justice.
The court system in the Old Oyo Empire was based on a combination of oral tradition and Islamic law. Cases were heard in public, and the accused was given the opportunity to defend themselves. The judges were impartial and would listen to both sides before making a ruling. Punishments for crimes were severe and could range from fines, confiscation of property, banishment, or even death.
In matters of civil disputes, the parties involved would first try to resolve the issue through mediation under the supervision of the traditional rulers. If mediation failed, the matter would be referred to a court of law presided over by the chiefs, with the assistance of assessors who were knowledgeable in law.
The penalties for breaking the law were severe and included fines, banishment, or in some cases, death.
In criminal cases, suspects were apprehended by the palace guards and presented before the chiefs. The accused was given a fair trial, and the punishment for the crime was determined based on the severity of the offense.
One of the unique features of the administration of justice under the Old Oyo Empire was the use of the “oro” cult. The cult was responsible for maintaining social order and enforcing traditional laws and customs. It was only invoked in times of crisis or when the ordinary legal system was unable to handle a particular case. The cult had great power and its verdicts were considered final and binding.
Overall, the administration of justice under the old Oyo Empire was characterized by a well-defined legal system, fair trial, and severe punishments for offenders. The traditional rulers and appointed officials were committed to upholding the rule of law and ensured that justice was served.
In conclusion, the administration of justice under the Old Oyo Empire was an important aspect of its governance. The decentralized court system, the use of oral tradition and Islamic law, the severity of punishments, the unique role of the “oro” cult, and the regulation of slavery were all important features of this system.
While the empire no longer exists, its legacy continues to influence the administration of justice in present-day Oyo State and beyond.
Civilization overtime has however taken the course of events as it is interesting to note that even the appointment of the current Alaafin of Oyo (the supposed Central figure in justice administration measure of old) is as we speak in the midst of chaos and several existing legal suits for the Courts interpretation, clarification and declaration in a bid to select the next Monarch to reign.
In this Light, a pertinent question thus arises, in the midst of the transition from the old mechanism to the new, “what distinguished and expunged slowly the Old practices to warrant the eventual emergence of the Legal Profession becoming the central focus and heart of Justice Administration?”
LEGAL PROFESSION & PROFESSIONALISM
The Legal profession is a profession in which legal professionals’ study, develop and apply law and I must add to ensure administration of justice, from the above what stands out is the word “Legal Practitioner” and “Professionalism”. In establishing Professionalism as the gap that wound off the old practices, the first question is who is a Legal Practitioner?
In the case of Atafe v. Afejuku (1994) LPELR- 585 (SC), Justice Salihu Moddibo Alfa Belgore JSC, ruled that “He is that person that has been called to the Bar to practice as a Barrister and Solicitor of the Supreme Court of Nigeria as provided in Section 2(1), (2), (3) and (4) of Legal Practitioners Act.”
One does not get to be called to the Bar to practice overnight but such call is upon a labouring and diligent act of passing the examinations, dinner terms and satisfaction of good character as provided by the Legal Practitioners Act.
The bedrock of the Rules of Professional Conducts for Legal Practitioners 2007 can be summarized in the following terms: “A lawyer shall uphold and observe the rule of law, promote and foster the course of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner.” As a matter of fact, almost each and every of the sections of the Rules of Professional Conduct for Legal Practitioners bothers on Professionalism and the subject matter of professionalism would be given further illumination in the subsequent paragraphs.
Professionalism is a fundamental aspect of the legal profession and refers to the conduct, ethics, and standards expected of legal practitioners in their practice. It encompasses a range of qualities and behaviors that are essential for lawyers to uphold, both in their interactions with clients and in their roles as officers of the court.
As a legal practitioner, professionalism is crucial for building a positive reputation, maintaining ethical standards, and providing quality legal services.
Here are some key aspects of professionalism for legal practitioners:
1. Ethical conduct: Legal practitioners must adhere to high ethical standards, including maintaining client confidentiality, avoiding conflicts of interest, and upholding the law.
2. Competence: Legal practitioners must possess the necessary knowledge, skills, and expertise to provide quality legal services to their clients. This includes staying up-to-date with changes in the law and continually developing their knowledge and skills.
3. Communication: Legal practitioners need to communicate effectively with clients, colleagues, and other stakeholders. This includes being able to explain complex legal concepts in simple terms and maintaining clear lines of communication with clients throughout the legal process.
4. Respect and courtesy: Legal practitioners should treat their clients, colleagues, and other stakeholders with respect and courtesy at all times, regardless of the situation.
5. Professional appearance: Legal practitioners should dress appropriately and maintain a professional appearance when meeting with clients or appearing in court.
Overall, professionalism is critical for legal practitioners as it helps build trust and credibility with clients and other stakeholders, which is essential for a successful legal practice. It is undoubted that if all of the above amidst other unspecified measures are adhered to, leaders in the legal profession would be the beginning of the healing process trinkling down to the divisions withing and contribute to maintaining and elevating the standards of leadership, professionalism, and ethics within the Nigerian legal system.
I submit to you all humbly that “The most Perfect cure and healing that the divisions within can get in the spectrum of Justice Administration borders solely on Professionalism.” If matters of professionalism from the top is gotten right, it flows down up until the divisions within as well.
This submission would certainly be backed up with revelations and several other reasons to so hold.
Yoruba’s have a popular saying “Esin Iwaju ni ti eyin n wo sare” interpreted as “It is the horse in front that others watch and hurry.” This proverb emphasizes the importance of setting a good example and leading by action. Here, the “horse in front” symbolizes the leader or the person at the forefront of a situation, and “others” refer to those who follow or observe. The proverb suggests that people tend to pay attention to and follow the actions of those in leadership or influential positions. It implies that the behavior, actions, and character of leaders have a significant impact on the conduct and actions of others. If the leader sets a positive and exemplary example, others will be inspired and motivated to emulate those traits and behaviors.
In Essence, the Leadership of the Legal Profession consisting of the General Council of the Bar, Body of Benchers as well as the Senior Advocates of Nigeria (Commandeering the bar) are the very first with the duty and responsibility of setting a high and unflinching nor corrupted level of discipline in the Legal Profession.
Let me at this point duff my hat to the Leadership of the Nigerian Bar Association for constantly been on the helms of checking and balancing the excesses and ill-acts of these leaders with their open mics. Off course, the great works of great minds like Chief Sapara Williams SAN, Chief Rotimi Williams SAN, Prince Bola Ajibola SAN, Chief Bamidele Aiku, SAN, Chief Mrs Priscilla Kuye, Chief Ogunseitan, Chief Richard Akinjide SAN, Chief Wole Olanipekun SAN, Chief Gboyega Awomolo, SAN, Chief Aluko-Olokun J.B. Daudu SAN, Chief Bayo Ojo SAN, Chief Felix Fagbohungbe, SAN, Mr Afro Fayokun, Deacon Dele Adesina, SAN, Prince Lateef Fagbemi, SAN, Chief Niyi Akintola, SAN, Mr Ranti Ajeleti, Ahmed Raji, SAN, Oba Adelodun, SAN Abiola Olagunju, SAN, Adeshina Adegbite and particularly my State Governor Arakunrin Rotimi Akeredolu SAN whose voice echoed nonstop even after his tenure as President of NBA as to the position of the Constitution towards the administration of Justice.
While commending the great minds above, I would allude an extract overview of what the state of leadership in the Nigerian Bar Association currently is from the Congratulatory message sent to His Excellency President Bola Ahmed Tinubu GCFR by President Yakubu Chonoko Maikyau OON, SAN on 12th June, 2023 where he said,
“When the NBA convened the State of the Nation Dialogue, we were motivated by our modest understanding, as Sir. Alexander Sapara Williams put it, that “the legal Practitioner lives for the direction of his people and for the advancement of the cause of his country.”…We are the ones who, by the privilege of our training and expertise, are positioned to ask the right questions, interrogate the system, and call those saddled with the responsibility of providing security for the lives and properties of Nigerians, to account for their stewardship. Permit me to borrow from a biblical expression and to say that; just as the entire world is eagerly waiting for the manifestation of the sons of God, so are Nigerians eagerly waiting for the discharge of the leadership responsibility and interventions of the members of the legal profession. We have what it takes to precipitate the leadership that will bring the succour and freedom Nigerians deserve and we cannot afford to shirk from that responsibility.”
It is without gainsay that the Leadership of the Nigerian Bar Association as confirmed by Mr. President “has thus far abdicated its responsibility” and are just at the verge of waking up to the tasks mandated upon it and taking up its responsibilities and the effect of same hitherto leaves us with questions on our mind as to getting it right following the trails of our current leaders considering the great achievements existing before our era and the subsequent responsibilities taken up by several of them in making things right and proper in the legal profession.
Having established all of the above, my next approach is to come back home and spotlight our individual roles in striking the fire to the seamlessly burning out wood that our Elders have painstakingly created and are expectantly counting on us to uphold as “Egbe Amofin O’odua”.
IMPACTS OF THE YORUBA DYNASTY ON THE LEGAL PROFESSION
Let me begin unapologetically by saying this without fear and favour that the Legal Profession in Nigeria has its inheritance, legacy and wholesome tradition from the advent contribution of several legal minds from Yoruba Dynasty.
In essence, we are followers of trailblazers, frontiers of movements, numerous uno, primus inter pares and pioneers in the Legal profession, directors in the helms of Justice Administration and on the whole the depth of the Profession amidst several other cultures all over the world.
A little spotlight on some outstanding legendary personalities will be used to further clear the doubts of those challenging the position of this revelations in their hearts as the history of the legal profession in Nigeria would never be complete without the contribution of these great men of timbre and calibers.
In a nutshell the Jurisprudence of the legal profession would be incomplete without the efforts of these great legal Yoruba minds.
Some of which Includes:
1. Chief Sapara Williams: born in 1855, was a prominent Nigerian lawyer and the first indigenous Nigerian barrister. He played a significant role in advocating for Nigerian independence, legal reforms, and judicial inclusion of indigenous Nigerians. He was a prolific writer and his contributions to legal scholarship continue to inspire legal professionals in Nigeria today. He left a lasting legacy in Nigerian legal history and is remembered as a trailblazer and symbol of resilience.
2. Chief Frederick Rotimi Williams (1920-2005): Chief Rotimi Williams was a prominent Nigerian lawyer, known for his legal expertise, eloquence, and professionalism. He was the first Nigerian to be appointed a Senior Advocate of Nigeria (SAN) and played a significant role in shaping Nigeria’s legal profession and advocating for the rule of law. He received his education at King’s College, Lagos, studied law at the University of London, and established a successful legal practice in Nigeria. Chief Rotimi Williams was committed to human rights and democracy in Nigeria and actively fought for the restoration of democratic governance. He received numerous accolades and honors, including the Nigerian National Order of Merit (NNOM) in 1986.
3. Prince Bola Ajibola: Also known as Prince Bola Abdul-Jabbar Ajibola, SAN (Senior Advocate of Nigeria), is a Nigerian lawyer, jurist, and diplomat who has made significant contributions to the legal profession and international law. He served as Attorney General of the Federation and Minister of Justice in Nigeria and played a significant role in legal reforms, administration of justice and promotion of the rule of law. He was also the first Nigerian to sit on the International Court of Justice and served as its President. He is an expert on Islamic law and founded Crescent University in Abeokuta, Nigeria.4. Chief Richard Akinjide (1931-2020): Chief Richard Akinjide was a distinguished lawyer, statesman, and politician. He was one of the early Nigerian lawyers to be conferred the title of SAN. Akinjide served as Nigeria’s Minister of Justice and Attorney General during the Second Republic. He made significant contributions to legal practice, constitutional law, and international law.
5. Chief Gani Fawehinmi (1938-2009): Chief Gani Fawehinmi was a renowned human rights lawyer and advocate for social justice. He was known for his fearless advocacy, defending the rights of the oppressed and marginalized. Fawehinmi was a prominent critic of the military regimes in Nigeria and played a pivotal role in the pro-democracy movement. He was also a recipient of the Senior Advocate of Nigeria title.
6. Aare Afe Babalola (born 1929): Chief Afe Babalola is a highly respected lawyer, philanthropist, and founder of Afe Babalola University. He has had a long and successful legal career, handling various high-profile cases. Babalola is renowned for his contributions to legal education, as well as his advocacy for legal reforms and the improvement of the Nigerian justice system.
7. Chief Bola Ige: This is another prominent Nigerian politician, lawyer, and statesman. Chief Bola Ige made significant contributions to Nigerian politics. He served as the Governor of Oyo State and held ministerial positions including Minister of Agriculture and Minister of Justice. He had a successful legal career before venturing into politics and was known for his eloquence, legal expertise, and passion for justice. He played a significant role in the struggle for democracy during Nigeria’s military regimes and was part of the team that drafted Nigeria’s 1979 Constitution. He was tragically assassinated in 2001, which shocked the nation and led to widespread mourning and calls for justice.
8. Chief Obafemi Jeremiah Oyeniyi Awolowo: a Nigerian statesman and respected leader. He studied law in London and became a prominent legal practitioner in Nigeria, which influenced his approach to governance. He was a founding member of the Action Group party and served as Premier of the Western Region of Nigeria, where he advocated for regional autonomy. Awolowo implemented progressive policies such as free primary education and social welfare programs, which had a lasting impact on education and social development in Nigeria. He is remembered for his integrity, intellectualism, and commitment to social justice.
9. Chief Wole Olanipekun (born 1951): Chief Wole Olanipekun is a distinguished Nigerian lawyer and former President of the Nigerian Bar Association. He has appeared before various courts, including the Supreme Court of Nigeria, and has been involved in numerous landmark cases. Olanipekun is known for his expertise in constitutional law and his commitment to legal professionalism.
10. Arakunrin Oluwarotimi Odunayo Akeredolu CON, SAN: born 21 July 1956 is a Nigerian lawyer politician who is currently the Governor of Ondo State, in office since 24 February 2017. His adopted prefix is “Arakunrin”, while his nickname is “Aketi”. He is a Senior Advocate of Nigeria (SAN) who became president of the Nigerian Bar Association in 2008. Akeredolu was also a Managing Partner at the law firm of Olujinmi & Akeredolu, which he co-founded with Chief Akin Olujinmi, a former Attorney General and Minister for Justice of Nigeria. He is the current Governor of Ondo State and doubles as the chairman of Southwest Governors Forum.
The list remains endless as names of other great men like Chief Adegboyega Awomolo, SAN, Chief Femi Falana, SAN, Chief J.B Dauda, SAN, Folake Solanke, SAN, Hairat Balogun, OON, Prince Lateef Fagbemi, SAN, Ahmed Adeniyi Raji, SAN, Dele Adesina, SAN, Babatunde Ajibade, SAN, Oba Adelodun, SAN, Yusuf Ali SAN, Chief Bayo Ojo SAN amidst several other names time would not permit me to mention.
It is important to note that many of these are accomplished leaders and personnel in Yorubaland and they not only excelled internationally, but they also held chieftaincy titles in their respective regions and communities, embodying the values of an Omoluabi – a virtuous and upright Yoruba leader. The Yoruba culture places great importance on having leaders who are not only certified by their people but are also worthy examples to mentor and guide younger generations.
However, it is disheartening to see the lack of Yoruba representation in the legal profession’s leadership, with the last NBA President from the Yoruba Dynasty being Chief J.B. Daudu SAN in 2012. This absence raises questions about where the spirit of the old has gone. As Egbe Amofin O’odua, we must awaken from our slumber and fight to regain our mandate as rightful owners of the legal industry. We should strive to be leaders, pioneers, and outstanding legal professionals, setting a precedent for the infallible Yoruba giants of the next generation.
CONCLUSION
My conclusion would be short and precise. Yoruba Elders have a saying “Eefin ni eefin, ti a ba fi owo osi lo.” meaning “Leadership is leadership; it depends on how we lead.” This proverb emphasizes that adults hold the responsibility of being leaders and role models for children. The way adults lead and conduct themselves has a significant impact on the growth and development of children.
When we wake up to properly place our foots in the shoes that have been laid down by our founding fathers, we not only take back our place in the legal profession as leaders of the industry, we further become worthy examples and mentors to the current and yet unborn generations who would listen or read our tales and aspire to be great and continue the trend of being exemplary leaders and masters in their society and the effect of same trickles down to affect and have an influence on the administration of Justice in the Legal profession in Nigeria.
