Access to Justice :: Journals

A : Thank you. One has to be very careful especially when it comes to the issue of dissemination of news in this particular part of the world. Nigeria is a complex country, it's a country of characters; where people wake up and then you see them living on fantasies. I call some people ‘professional rumormongers.'

“The judge is the alpha and omega of his court and woe betide that day when any Chief Judge and in fact if any Chief Judge tries it he will fail”

You see it appears that in this country we allow too much of baseless rumours and we enjoy it when we read them in the newspapers. It is already part of us in this country and it is unfortunate…. Let it be said loud and clear and I don't mince words when it comes to speaking the truth, I have never- since I assumed office and the leadership of the Judiciary for this State interfered with any of my brothers in the discharge of their judicial functions. I have no power to do that as Chief Judge. I am just primus interpares and for your information the Judge is the controller of his court. I was a judge before becoming a Chief Judge andnever has any Chief Judge interfered with how I was dispensing justice in my own court.

“Because of the importance of preserving public trust in the judiciary and because of the reticence required for it to perform its arbital role, special safeguards have been in existence for many centuries to protet the judiciary from vilification” - Chief Wole Olanipekun SAN excerpt of interview with AJ

The judge is the alpha and omega of his court and woe betide that day when any Chief Judge and in fact if any Chief Judge tries it he will fail. I can assure you that in this State to say you want to influence your brother is not possible, not in Oyo State. I don't know of any other State. Justice Abass in his own case is a judge in this State, a competent judge I can vouch for, an incorruptible judge I can say that and if you know him you will know that Abass is straight forward. But the situation that happened I don't know much about it, nobody came to pressurise me as far as I am concerned and in fact nobody dared. People know who Olakanmi is.

“If it were in other places you would agree with me that he would have continued with the case and whatever could have happened could have happened”

I have never in my life taken bribe from anybody and I will not. And for your information when Abass withdrew from that case, I was in Abuja at a meeting with the Chief Justice of Nigeria (CJN). How could I have influenced him? I heard it on the radio just like many of you heard it and not until when I came back and called him (Abass) did he tell me what happened, and that is the long and short of it. So to say that maybe the Chief Judge of Oyo State did anything, Abass is alive. He is a judge of interigty who believes that he has been appointed to do justice and nothing but justice. If it were in other places you would agree with me that he would have continued with the case and whatever could have happened could have happened.

AJ : What could have happened?

A : You know that he stood his ground in the pressures and as the Chief Judge I doff my cap for him.

AJ : We made a representation to the NJC to say perhaps this is one case that provides them the opportunity to begin to engage with some of the sources of pressures on judges. Perhaps it will be good if the Council (NJC) set up some kind of committee to inqure from Justice Abass who and who were pressurising him but the NJC did not respond to this representation. However we gather that you talked to the NJC and assuaged their fears on whatever concern they may have had.

A : That I talked to the NJC?

AJ : Yes we learnt that you- perhaps whether it was officially or unofficially. We understood that you calmed their nerves about what was going on. Did you think that it was not a situation that required any further action to be taken and that Justice Abass had dealt with the situation and that it was okay and sufficient and no further action needed to be taken?

A : If you had approached the NJC which is the only body constitutionally saddled with the responsibility of looking into the affairs of judicial officers that is the only body that can comment about the situation. As far as I am concerned I am a judicial officer like I told you I am primus inter pares and you understand that.

AJ : As the Chief Judge you can talk on policy matters.

A : All I know in this State which by the grace of God I am the CJ, I know no corrupt judge and nobody has petitioned me about the corruption of any of my brothers.

“I know no corrupt judge and nobody has petitioned me about the corruption of any of my brothers”

If there is any, it is my duty to look into it and mark you, Nigeria is a volatile country you know that and if they are guilty almost everybody knows there is what we call NJC and the functions of that council,... they know whom to petition so it is not me. I have no power to sit over my brothers.

“Having no constituency, no purse and no sword, the judiciary must rely on moral authority”...Krielgler J in The State v. Mamaolo [2002] 2 CHR

AJ : Justice Abass alleged sometime ago that he was in jeopardy. I think there was a case of burglary. Did you not think there was a need to strengthen or at least engage the authorities that have power to strengthen security around him particularly when he was dealing with such a high profile matter? Am not talking about security in the court premises but security in his house.

A : For your information, apart from any judge handling any important or serious case, each judge is entitiled to police security in his residence and once any sensitive case of the nature Abass was handling was given to a judge there must be additional provision of security (police officers) which we normally make request for and we [are]obliged.

AJ : In this particular case?

A : Yes, infact according to him, he phoned the police and according to him the police responded spontaneously on that occasion but there was no buglary.

AJ : Attempted burglary?

A : I wouldn't know I wouldn't say that.

AJ : It was in the papers.

A : That's why when you read anything in the newspapers, I would advise you read them with a pinch of salt. I personally read newspapers for the fun of it. There have been occasions when papers report what happened in my court and falsified all. It is unfortunate the type of journalism we have in this nation, uninvestigated information. It is part of journalism to investigate before you publish your facts, its very important. People peddle a lot of unfounded and baseless rumours that can set the whole society on fire it is not necessary all in the name of selling your newspaper. I think it is high time we tryied to have a change of heart. There was no burglary in Abbass' quarters and for your information when I called him he told me what happened – there was no burglary. There was just a suspicion. I think he said he heard the movement of some people around- and that was why he raised the alarm and the police came spontaneously to him and they provided very strong additional security.

AJ : It was a little bit worrying too whether by coincidence or what now when within that period of time it broke into the news that Justice Abbass has been transferred to Ogbomoso Division. So questions began to query why at this time did the controlling authority chose to transfer Justice Abass? Did it have anything to do with his decision?

A : No, that is our own normal posting. Justice Abass had been posted to Ogbomoso before the whole incident. We do our posting at the end of each legal year. He had been posted to Ogbomoso just normally. It was his turn to go out and he was posted out, so the issue of the case which he took up is just by the way.

AJ : Coincidence?

A : Coincidence. The posting had been done already. He knew he was going to Ogbomoso and I think as at that time he was even a vacation judge so it's not an issue of posting Abass away because of the case. No.

“Justice Abass had been posted to Ogbomoso before the whole incident”

That is why if our journalists can just try for a change to make sure they investigate their information then they will be helping this society a lot.

“The manner of conducting the business of the courts is intended to enhance public confidence. In the final analysis, it is people who have to believe in the integrity of their judges” - Krielger J in The State v. Mamabolo [2002] 2 CHR

There is nothing bad in investigating and finding out. To investigate is to find out the facts. There should be investigative journalism. What some of them do is that they will just catch what you say no investigation then they just go to the media then you see it on the front page. The posting has been done normally. He and two other judges were to go out and I have already done their posting so the question of his going to Ogbomoso, he knew before even taking Omisore's case.

AJ : This next question is not at all intended to interfere with your discretion that you exercise in assigning cases to judges. All the people we have spoken to say you are a very good judge…

A : Am not a good judge only God is good.

AJ : Well they said that you are a very good criminal judge and you have your background in criminal law. Some people wondered why you did not choose to take that case because of the very sensitive nature of that trial; the importance, sensitivity, and delicateness of that trial, why? Usually big matters like this Chief Judges can decide to take such matters but you chose not to.

A : Yes and what is offensive in that?

AJ : Nothing.

A : It is the prerogative of the Chief Judge to assign cases. I either assign cases to myself (I sat in my court this morning before you came) or to my collegues but it is also my prerogative to disqualify myself in certain cases which I feel I should not handle on personal grounds; that's the answer so that I will not be seen as being biased. Do I need to sit in court and allow some lawyers to be challenging my authority to sit on the case? That will be very unwise of any CJ, that will be playing to the gallery and it is not in my character to do this.

“It is the prerogative of the Chief Judge to assign cases. I either assign cases to myself (I sat in my court this morning before you came) or to my collegues but it is also my prerogative to disqualify myself in certain cases which I feel I should not handle on personal grounds”

AJ : Following what you have said so far, there has been a very positive and warm perception about your administration since you became the Chief Judge of Oyo State. Since you came into the control of the Judiciary, what has been the particular problems or challenges in administration? What did you meet and what were the kind of measures you used to surmount those challenges or problems?

A : Thank-you. You see I have come to realise that controlling human beings is problematic, it is not easy. I came on board a few years ago. Before I came on board, I had my own visions too as a judge not as a CJ because I never knew I was going to become a CJ, it has never crossed my mind, it is God that made it. One I had allegations of corruption at the Magistracy; that was the first one I faced; people were complaining the Magistracy is this… I said okay no problem. My idea is this, I don't live on people's rumours and so on never in my life. If they say Mr. O is a good man, I will want to study him myself and know if he is really a good man. This is my nature. If you call Mr. A a thief to me he is not yet a thief until I find him to be a thief. There are times some rumours maybe helpful. We have some constructive rumours while some are destructive, some positive some negative. I don't push aside these rumours I go into it myself. I won't say I am a CID. I am not one anyway and I can never be one at least every man possesses common sense and intelligence, it all depends on how you apply it. I had meeting with all the Magistrates both the professionally qualified and the lay ones, in fact I do hold meetings with them regularly every month so whatever thing I hear I challenge them with it and we discuss and I give them advice and this I have been doing regularly but I am happy that the situation is changing for the better.

“Let the advocates one after the other put the weights into the scales - the “nicely calculated less or more” but the judge at the end decides which way the balance tilts, be it ever so slightly” - Per Denning, L.J. in Jones v. NationalCoal Board (1957) 2 All ER, 155 at 159

The awareness is now there and I try to discover that satan may well not be as black so that is why man has to be very careful. Some people who have their own selfish interest to cater for may petition you and say this about this Magistrate or Judge. I don't take it as gospel truth. I have to do my own investigation and at times what I do is this. If there is any petition against any Magistrate, I will get a copy of it and send it to the Magistrate for his or her comments because you know in law you should hear the other side. Afterall like I said the pot may not be as black as it is being painted and we discover in some cases that the petitions or allegations are not founded.

AJ : Other States might be interested in knowing how you dealt with some of the earlier perceptions you talked about (corruption) and what you did because I guess that corruption especially at the lower courts level is a problem in the legal system in Nigeria. Perhaps your approach to it might be helpful. You will want to let us into some of the things that helped you deal with the problem.

A : One you have to hold regular meetings with these people. It is very important. When you keep ringing/singing the same song to the hearing of a child however sturbborn the child will take it and then we tell them the implications of being caught.

AJ : Have you sanctioned any of them?

A : There has not been an established case because you discover- you know Nigeria when it comes to the question of please come and prove this, they withdraw that is the problem we have in this society.

“He who alleges in law has to prove it but the proof will not be there so this is the problem. I have had cause to speak with some lawyers and told them please if you see any corrupt Magistrate do not hesitate to come and report”

“No, No my Lord I don't want to ruin anybody.” Then what do you do? He who alleges in law has to prove it but the proof will not be there so this is the problem. I have had cause to speak with some lawyers and told them please if you see any corrupt Magistrate do not hesitate to come and report. You can even petition me, but please make sure you are not chasing shadows. You know the problem in this country, maybe a Magistrate does not succumb to your pressure before him or her then you want to allege and write petition it is not good that is not helping the society; but well established cases will certainly be dealt with but I have to tell you there has not been a specific case that one can refer to, just allegations but there are not many anyway and if there are no proofs who do you want to ask?

AJ : It is quite true in a society like Nigeria that Nigerians are able to throw stones without being seen throwing the stones but in institutions we have situations where people don't have the courage to come up and say there is a problem and this is the problem and I am not afraid of identifying myself as the one who is pointing out the problem. Have you had cases that perhaps from a particular quarter there has been this consistent report about corruption and nobody has equally come up to say I am the one who said this Magistrate or Judge is corrupt? Does your Lordship act on such particularly if we may add this: that Justice Esho (rtd) once told us in an interview that the difficulty about proving corruption is because the person who told you that somebody is corrupt is likely to be the giver, that is the person inducing and so he is more or less indicting himself if he comes to tell you that this particular Magistrate is corrupt so which means if we really must fight corruption we need to ook at approaches that are not entirely complainant dependent.

“...a court of law is a court of cold facts and law not a court of fiction. Fiction belongs to ‘Alice in Wonderland'....” Eso JSC, CON in State vs. Aibangbee

A : Am happy you raised this point, it takes two to be corrupt. I cannot corrupt myself especially when it comes to the question of bribe taking it involves giving and receiving- that is what we call bribe if there is no giver, there can't be a receiver and that is why I said this even to the Bar executive that they should warn their members. You'll discover that some lawyers too are in the business. They are the ones corrupting or attempting to corrupt and where a Magistrate refuses to accede to such then they take to blackmail that is what we have discovered which is unfair. It is unfortunate that we throw stones at the judiciary forgetting that the judiciary is not alone when you are talking of justice. The judge is not the only player in the game of justice. The Bar is there and a corrupt Bar will generate a corrupt Bench. I have talked to some lawyers complaining and I say are you not the people advising your clients? And we've had occasions where even lawyers will be telling their clients this is my fee, this amount is for the judge and whereas nothing is given to the judge. We've had ocassions of lawyers taking bribe under the pretence that they are going to give the bribe to a Judge or Magistrate which never got there it went into the lawyers' pocket, so it takes two to tango and that is why I say about the Bar which induces this bribe taking. If the Bar decides that no Judge or Magistrate will be approached on any case then let's wait and see which Judge or Magistrate will ask lawyers please come and give me bribe. None of them will ask.

AJ : We understand that the State is in the process of appointing some additional Judges and the Bar has concerns about the process of appointment and they want to have a say and they want their recommendations to be given appropriate consideration

“You'll discover that some lawyers too are in the business. They are the ones corrupting or attempting to corrupt and where a Magistrate refuses to accede to such then they take to blackmail”

Their concern is that in the past when they for instance- in the last appiontment of Judges under your administration their recommendations were not reflected in the final outcome of Judges appointed. Is your administration (particularly in this process that is going on), is your administration going to give sufficient recognition to involving the NBA Ibadan branch to participate in the process?

A : You see if people understand the laid down procedure for the appointment of Judges, it's not a one man affair, it's not the CJ's sole affair. It involves a lot. The Bar will normally have a say in the appointment of Judges. The Bar must be contacted. We have guidelines from the NJC on the appointment of Judges which must be complied with. The Bar is a partaker in the process. The JSC and even the SSS and then the Government of the State then don't forget the NJC is also there. The Bar can never be marginalised when it comes to the question of appointment.

AJ : We think what the Bar is saying is that they have always been more like people who validate the list sent to them. They want to be people who can nominate people for Judicial appointments so that before the list is brought to them for their comments they want to be involved in the selection of those who would be screened by all the major players. And is your administration willing to concede that to the Bar?

A : Why not? The Bar has to take part. We need the advice of the Bar. The people we want to appoint are members of the Bar, are they not? They are not Judges.

AJ : Some of them might be low cadre judges like Magistrates.

“Often times nothing profits more than self-esteem, grounded on what is just as right” - John Milton

A : It doesn't matter whether they are lawyers or not. Mark you the Bar has a right even when the list is sent if they have an objection about any name on the list they have the right to let the JSC know. The Bar can even send their list except that the Bar should realise that you cannot force your list on the JSC or the NJC. So they have to realise that and don't forget there is usually screening, the Bar should have an input as far as I am concerned am officially not a member of the bar but am part of the bar, the Bar here knows that. I welcome and don't ignore them in the exercise.

“Nobody is omniscient, only God. We rub minds together on principles, we exchange ideas and knowledge and that is how one can learn”

AJ : So should the Bar expect more active practising lawyers being appointed too?

A : I have no answer to that.

AJ : We have feelers from our enquiries that there are members of the Bar who are concerned about the quality of decisions/judgments that come from the Bench and that those judgements undermine the competence of the Judge to actually adjudicate on cases. Now does your administration have perhaps a capacity building process or programme for Judges in Oyo State so as to improve or update them of developments and evolvements in law?

A : One thing you have to realise like I said, what is the position of the CJ vis-à-vis his colleagues? It is not the position of headmaster over teachers, not so. It is not in the power of the CJ to say a brother is incompetent, not doing well I want to train you up and that is why we have the NJI established nationally to train and re-train Judges.

One thing you have to realise like I said, what is the position of the CJ vis-à-vis his colleagues? It is not the position of headmaster over teachers, not so.

We have programmes I am one of the Governors of the NJI. We have programmes every year for the Judges-seminars, workshops- we've just had one last year- the All Nigeria Judges Conference where we discussed a lot of things concerning our job, how we should perform at work and don't forget even right now the NJC is having a programme by which Judges' performances are being assessed including my very self. So tell me, am I claiming to know better than my brother Judge? You should understand the position of the CJ vis-à-vis his brother. All we can do is to hold meetings, we do meet and share experiences and I think that's important. There is nothing stopping me if I have a nutty case which is bothering me to see my brother. I may not give him the real parties and so on, we do discuss. Knowledge is not limited to anyone. Nobody is omniscient, only God. We rub minds together on principles, we exchange ideas and knowledge and that is how one can learn. It is not good for a Judge to be an island to himself. It does not help. One cannot know everything. So we continue to learn. It is a continuous process but this is not a college where you say you are teaching your students. The NJI takes care of that.

AJ : Thank you very much sir, we are very grateful for your time. We promise to be in touch with you and if there is anything we can do to improve the image of the Judiciary we will do just that.

“...moral or social duty is...what the mass of the people would consider as their duty to do and failure to do which they will consider to be wrong” - Per Jibowu, F.J in Economides vs. Thomopolous