QUESTION:
In your own view my
lord, what can be done about the remuneration of young lawyers, and if we don’t find a solution what lies ahead for the future
generation of lawyers?
ANSWER:
It is true that to
some extent, times are a little bit different in that a large number of young
lawyers grew up with at least one educated parent, a large number of them also
grew up in our so-called towns, and cities and didn’t experience the “village
life” setting that many older generation lawyers grew up in. It seems that for
this reason and as one watches the young lawyers, or young people generally, there
seems to be unwillingness on their part to sacrifice for the long-term good.
There is lack of patience to manage and plan the little they earn, but appear
to be focused on making quick money.
There is nothing wrong in making money as
a young lawyer if you get the break early in practice, however, you may not be
able to attain that bar you have set for yourself if it is unreasonable and unattainable.
I believe that it is possible to learn a positive thing from challenges and
seemingly difficult times if you have an open mind about things. So young
lawyers should not shy away from periods of challenges instead they should use
that time to learn as much as they can both about the profession and equally
important, about life itself. After all, the wise people say that no knowledge
is wasted, so explore the possibilities that lie in those challenges for good.
I would also advise
that young lawyers should determine to live within their means and to also
venture into other means of complementing their earnings so long as it does not
degrade you as a legal professional. Above all, be grateful to God for what you
already have and learn to be content.
As for the senior
members of this noble profession, we can only keep appealing to that they look
at the juniors, and remember they were one time young and at that point and try
to make the environment a little better than when they themselves were at the
receiving end.
QUESTION:
Of recent the number
of years a matter takes from commencement to judgment, to execution of
judgments, before our Nigerian court rooms has been criticized by many Nigerians.
What in your view is the reason for the delay in justice dispensation in
Nigeria?
ANSWER;
I would not say it is
a sole responsibility of one, but I think I can say without fear of
contradiction, which may sound like excusing one side as against the other and with
due respect to the Bar, that from my nineteen years on the Bench, lawyers are
more responsible for delay in hearing and bringing a matter to a close, I say
so for these few reasons:
There are days when
you least expect and after preparing to hear a matter, you go to court and get
a letter seeking adjournment, some are there physically but say they are not
ready either for the reason that they are yet to confer with their clients, or
the witness is ill which can happen to anyone including the Court itself.
Sometimes it appears to the Court that lawyers are consciously delaying the
hearing of the matter because of the excuses which are clearly lame; of course,
there are times when the excuses made by lawyers are genuine and the Court in
those instances would have to adjourn the matter.
Many though seem to allow a
matter to linger on for long so they can see what they can get out of it while
others sadly, capitalize on the ignorance of their clients to unnecessarily
delay and extend the period within which the matter would have been concluded.
There are also times when the Court does not sit for varied reasons, some are
totally out of their control also; for instance after scheduling a matter for
hearing something comes up administratively you are required to be somewhere on
that date or within that period.
It is worth reminding, that Judges are also mere beings; and as such we also have demands that are expected
of us as social-beings. These come from family, friends, colleagues etc. Things
and events happen to these group of people and we have to show up to identify with
them during happy or sad times and so we find ourselves in times like these not
able to be in Court.
The litigants/your clients
themselves contribute to the problems; sometimes we are told that it is your
client who did not show up, or that they did not do the needful and as such the
matter cannot go on for that day. It is understood that as long as a lawyer is
not handling a matter pro bono he/she
has to be properly briefed to effectively represent the clients in court.
As you can see, the
problem{s} is multi-faceted and it all depends on how we look at, both the Bench and the Bar. As a matter of fact, we are on the same side in the
sense that we are here to serve humanity, to ensure you represent your clients effectively
and efficiently, and we on our part do our best to ensure that we are fair and to
do justice to all. We have to work collectively for those outside to see us
performing the duty and responsibility given to us by the society. In a
nutshell therefore,I would not be quick to blame one part more than the other even
though I had earlier mentioned that Lawyers were more to blame in this matter, I
hope you will see that after all I am being fair and just in my assessment of
the situation.
QUESTION:
How can legal
professionals help in fast tracking justice dispensation in Nigeria?
ANSWERS:
In my view, there is
nothing that can help in fast tracking justice dispensation more than ADR and
mediation. On a serious note, many times I try to impress on the minds of Counsel
appearing before me, to be fair, truthful and upfront with their clients. When a
client briefs you and upon your taking everything they have said into
consideration, you should ensure you first of all look at it dispassionately, and
see how you can best advice your client, to first explore the possibility of
settling the matter amicably before going into litigation.
Even if the matter
has already gone into trial, it is not a reason to deter parties from still exploring
amicable settlement of issues. This is so because often times after pleadings
have been filed and issues joined, Counsel at this stage will be better placed to
assess the facts given them by their client as against those averred by the
other side. They should at this stage also be able to eliminate those aspects
that are not in contention; but even where the issues are contentious, Counsel
should keep the doors of amicable settlement open all through while the matter
is on-going. By this, time is saved for all parties and that too includes the
Court’s time. Cost of litigation is a thing of concern and should also be the
concern of all lawyers.
Many are informed at
Alternative Dispute Resolution training and seminars that it is good to
maintain relationships even after disagreeing on an issue, and this is best
achieved when matters are amicably settled by parties and not when those
contentions are determined by the Courts where often parties leave feeling
either as the victor or the vanquish with their initial animosities unfettered.
I would therefore, continue to encourage amicable resolutions of
conflicts/issues, more education and enlightenment by the Nigerian Bar
Association and members of various groups like the 'Young Wig' to encourage the
junior lawyers to think outside the box and explore the unconquered areas of
this Honourable Profession of ours that has limitless possibilities. Young
lawyers should be innovative, be willing to take the risks and create the environment
you will want to see and let it be credited to you. The future would be more
open, brighter and will lessen the negative way the public often view lawyers, and I believe that invariably it will go a long way in helping fast track the
dispensation of the justice in Nigeria.
QUESTION:
The world has
transformed into a global village due to the advent of technology, and yet our
courtrooms are yet to go digital in the conduct of proceedings. Respectfully my
lord, in your own opinion what has slowed our judicial system from going digital
in its conduct of proceedings?
ANSWER:
To a large extent, it
is an administrative issue because even where the Court/Judge desires the use
and benefit of technology to reduce the stress of long-hand writing of
proceedings and all other related work, it is the responsibility of the
Executive to provide infrastructure for the Court guided by the Judiciary itself
presenting a case for it.
In this Jurisdiction, attempts have been made in the
past to introduce recording machines and judiciary staff were trained to
operate them, yet we are still here using long hand, I have no idea what
happened. In as much as going digital is a very good and an expedient thing to
do because it will save the time of the Court, the infrastructure necessary for
that must first be put in place.The younger generation like yours is more
technologically inclined so let us hope that in the near future and by the time
you replace us, things would be better then.
QUESTION:
Respectfully, as an
umpire in the temple of justice, what common mistakes do young legal
practitioners make when appearing before my lord? In your humble opinion, how
can the junior lawyers coming behind avoid these pot holes?
ANSWER:
We were all young at
some point, and I remember each time I had to appear in Court alone, my heart
would be beating, depending on which Judge one would be appearing before; some
were a little bit more accommodating than others. However ,overtime I discovered
that when one is appearing before any Judge termed as ‘less accommodating’,
counsel ensured to adequately prepare and be ready so you are not embarrassed
in court.In essence, young lawyers should read their files, ask questions from
their principals and try to anticipate the likely turn and twists of events
before appearing in court.
When you read a case file, do some research on the
issues you have identified, try to see what the law says, then you can anticipate
within that context what the other party may likely spring up on you. Never
forget to always pray for wisdom.
QUESTION
My lord, how about
the female colleagues that are most a times shy to appear in court alone?
ANSWER:
The thing with
females’ disposition in generally is the way the society perceives them.There
is stereotyping of females in most societies and Nigeria is no exception; what
is expected of and from them, how they should look or not look, what they
should think or not think, the list goes on and on. When I say societal, it is
everywhere in this country, however, times having also changed, there are
things females are doing today that was unheard of in times past.
It is very
important for every female to know who she is,after all they sat in the same class,
wrote the same examinations and went through the same hard and soft things in
school.There is no reason why, simply because of her gender that a female
should cow from expressing herself when it is necessary for her to do so. She has
the same inalienable right to speak her own mind, and let her voice be heard.
However, like any person, male or female, when one is not well informed or
knowledgeable of the subject matter or issues to be addressed, there is bound
to be doubts and would naturally not want to display such ignorance in the open
and especially in Court.
I would therefore encourage my sisters to read more,
be well informed and that way they will gain the confidence necessary for them
to hold their own in Court. Failing to prepare for litigation in Court and ignorance
of the Law is in my view some of the main reason for the shyness and timidity of
some of the female lawyers. I say some of the female lawyers only because there
are many female lawyers who can and do give their male counterparts a run for
their money in Court hands down.
QUESTION:
As a judge what are
your guiding principles and philosophy?
ANSWER:
Pray always, strive
to do justice in all cases, be fair to all manner of people, and never to take
a decision based on any ulterior consideration other than my understanding of
the issues, the law vis-à-vis the facts of the matter, and to give it my
sincere candid opinion/view in the fear of God; He is the ULTIMATE and the ONLY PERFECT Judge after all.
Thank
you for your time, and patience!
PHOTO SHOOT WITH MY LORD
Godspeed!
