An Owo based legal icon who also doubles as The Adanigbo of Owo Kingdom, Chief Gabriel Adekunle Ijalana has described as disgusting and a slap on the Nigerian judiciary system the conflicting court judgements rampaging the legal landscape.
Ijalana, in this interview with our editor, Mike Adeyemi, lamented the embarrassment the spate of conflicting court rullings had caused the judiciary , affirming that the quest for riches and wealth are the banes for those giving conflicting judgements.
According to him, ‘the rate at which conflicting judgements are oozing out from our courts today is embarrassing and a slap on the judiciary. It presupposes that 90 per cent of those practicing law today are not fit and proper.‘
The high chief however, charged the National Judicial Council(NJC) to, as a matter of urgency, purify the judiciary by flushing out the bad eggs and sanction erring judges and lawyers.
Excerpts :
Tell us about your early life
This is a very big question. I have a very poor background. My parents were farmers. My father was a Cocoa farmer, and as you know in those days, the wives are mostly like slaves to their husbands.
My mother always followed her husband to the farm. She worked like a slave. So I grew up in a spectacular way. I grew up in a way that the memory will continue to linger in my life. My mother had nine children for my father, remaining two, my younger brother and myself.
There was a separation. So I’m a victim of separation. My mother left my father in the year 1971 hence, I now started living with different people at different times. I gave glory to God today, this is me. Today if I look back and see that I am a lawyer, it beats my imagination. God is a good God.
I belive in faith, as a student of literature that whatever you want to be in life it would have been predestined by the Supreme being. And that is exactly where I am today. The road was very rough. That is the adjective to qualify it. But I give thanks to God.
With such a rough background, how did you manage to become a lawyer?
That is another thing. It is unimaginable when you see a child who doesn’t know anything rose to become something. The first time I would go to Lagos was in 1984. I hadn’t been to anywhere, except farm. I would spend the whole eight weeks in farm and I would still be happy to be in the farm with my father, because at that time, I would eat and feed well.
I remembered when we left secondary school, I didn’t have English language. I have six credits with P in Mathematics, so I had to write G. C. E. I had A3 in Literature, but P in English. I had a friend who was equally brilliant, Femi Agoro. His father was a teacher. As you know that a child of a teacher would be far than a child of a farmer.
Femi wanted to be a lawyer. I said I could be a lawyer too. But I look at that profession as too far beyond my calibre. The most I thought about was political science.
So when we were filling the JAMB form and in those days,, JAMB form was 50 Naira. Somebody gave me 100 Naira, so I bought mine and that of my cousin. I went to beg a person that I wanted to buy JAMB form, he should give me 50 Naira and he gave me 100 Naira.
My first attempt at JAMB, I scored 205, yet I couldn’t get admission owing to the few numbers of the Universities in the country then, unlike now. I remembered I chose Federal University, Nsuka because of what I read about Biafra. No admission. I had to write another JAMB.
And to tell you that ambition is very supreme, I had to go to Osogbo Grammar School to write WAEC with my juniors in order to pass English Language which I passed in 1988. I said yes, am more equipped now.
My colleagues and friends in the secondary schools were called to bar in 1990/91. I mean some of my friends who entered University directly, who were children of the rich. In a nutshell, it is destiny that said I would be a lawyer.
Tell us what happened in your first appearance in court as a lawyer?
You didn’t even ask about my days in the University and at the law school.
Okay, tell us Sir?
I told you that my parents were poor. Our God is a good God. When I got to Lagos in 1990, there was a man living in my brother’s house who was living in a room. In the morning, I would come out to wash his car. The man was working at the Federal Secretariat, Ikoyi. He was a big man. His driver would come and meet me while washing his car.
One day, I told him that ‘can you help me get a job? He laughed. He said he didn’t have such a power. I told him that I was seeking admission to read law in Unilag. The man assisted me, I got a job as a level four officer at Federal Inland Revenue. My salary was 350 Naira.
General Ibrahim Babangida later increased salaries. So I was there till I got admission into the University. It was an era of incesant strike in the universities.
I entered University in 1992 in the then Ondo State University, Ado – Ekiti, now UNIMAD. We were the second set of their Law Faculty. Anytime there was a strike action, I would go back to my work, because I told some of my bosses my predicament. So I was earning little money.
My father was already getting old. Nobody to pay my school fees. Nobody to responsible for my education. It was selfsponsored. I did menial work, casual work at Federal Inland Revenue and so on. They stopped my salary when I was living the University and that was why I said it was God.
The funniest thing was that I had some of my colleagues living with me that I was feeding. So as a student of literature, God will attach some people to your destiny either for them to be beneficial or for you to succeed. If you don’t do that, there may not be success. Here I am today.
When I was in Part Four, I met somebody. The man was working in NNPC. He was from Ekiti. He came to a mechanic workshop and he knew my brother whom I brought to Lagos to learn mechanic. He is my younger brother from the same mother, not of the same father.
Each time I passed bye, my brother would greet me. This man, I didn’t understand what interest he had in me. He called me one day and said, “I had that you are in the University.” I said yes. He said “which University,” I told him. He said “but the University have resumed, what are you still doing in town? I said am trying to gather somethings. He said you would go back tomorrow.
The following day, he gave me half a bag of rice. He gave me provision and gave me 10,000 Naira. I now went back to school. This same man now introduced me to one person in Ado-Ekiti that he should be giving me 1,000 Naira every month. The man gave me for about two months, he stopped it. The reason why, I didn’t know. That was how I manage throughout with seven people living with me.
I knew surely that the man that was assisting was sent from God so that I could assist other people. That was how I did until I went to the law school. When we were going to the law school, we were to pay 35,000 Naira. Where would I get that money.
As God would have it, Inland Revenue gave me 20,000 Naira as part of my last payment. That means I needed 15,000 Naira more. My younger brother whom I put in mechanics gave me 10,000 Naira , making 30,000 Naira. My NNPC helper said I should come to Warri. He sent ticket to me and that was the first time I entered aeroplane.
The plane touched down in Benni not Warri. The NNPC boss took me to Warri. They cooked for me with varieties of food. The man said “how much is your law school fee”. I told him. He gave me 35,000 Naira cash and bought one suit for me. That was how I went to the law school.
When we were to be called to the Nigerian bar, he knew everything. He was now like a father to me. He said he would buy my wig and gown. His name is Olusegun Olajiga. He is late now. I never knew him from Adams. He gave me money and I equally bought for my friends.
I bought the wig and gown with 10,000 Naira and am still using it till date. That is me today. We were the second set of Law School in Abuja.
Back to the first question, let know about your first experience in the court as a lawyer
Yes. My first appearance was before my Lord Justice Pedro in Island. Her husband was the Deputy Governor of Lagos State then. It was a motion for application and the other lawyer was Chief Rotimi Williams.
When I got to the court it was like a big stone put on my head. My hands were sweating. My legs were shaking and I could not run, but interestingly, I came to court on time. They called the case, I announced my appearance and Chief Rotimi Williams was looking at me.
Rotimi Williams was for the claimant. The persons that sent me to go and hold his brief was from the other party. Then we had an applications of motion on notice. Baba came by himself. Interestingly, Chief Rotimi Williams had filed a counter affidavit on notice.
So, I had the file. I stood up. He looked at me. It was like for the wall of that court should open for me to escape. His presence alone was enough for one to be terrified. Even the judges gave him such respect. But in the process, I learnt one thing, because I was a student unionist. I contested for the SUG Chairman while in school which I lost. I later contested and I won.
That courage now came. I got myself prepared for my future. I did my best that day and the judge reserved rulling on the matter. That was my first day in court.
The next day I was in a court with Kehinde Sofola where I saw a whole lawyer in him. His dressing was extraordinary. But my regret in this profession was that I was too confident which was propelled by my background, poverty, that I didn’t do puplage. I regretted it. That my godfather prepared my chamber for me, I never knew I ought to do puplage.
With all these divinely interventions on your path, would you say, you are a child of destiny?
That is exactly what am saying. But you need to know my growing up. I told you that I spent the whole holiday on farm. My father had big cocoa farm, that if you were in the middle of the farm, you could not hear any voice from the other side.
I wiould clear the cocoa farm of weeds and later cleared where my father would plant tobacco. I cultivated over 200 heaps in a day. Today, I am a lawyer. So my brother, I am a child of destiny
How did you become NBA Owo Chairman?
Yes. I had wanted to be NBA Chairman some few years back. I was a member of Ikeja Bar when I was practicing in Lagos. I relocated to Ondo State because of politics. I contested for Ondo State House of Assembly twice, Owo constituency 1. I was SSA to Governor Olusegun Mimiko on legal matters. I have experience in different fora.
But when Owo Bar was established, they appealed to all of us who are indigenses to come back home to join the Bar. I remembered one of my brothera who was a year ahead of me became the chairman of the bar. After he left, my good friend Ajipe, who was a year ahead of me too became the chairman. I remembered my friend too who is now a judge became the chairman.
After him, I wanted to be the chairman, but some people from rebelled. They felt I would come with red-handedness.They ganged up and twisted it. I said okay, no problem.
All I wanted to do is to see how I could reposition the Bar. The next time, somebody that is older than me said I should please allow him. So this time around, people were looking for me to come in. I contested and I won.
I met a lot of challenges. Akeredolu tried,he built a Bar Centre for us in Owo. But the place is now becoming dilapidated. We cannot manage it because of the people that led. The person that was in control when Akeredolu built that bar mismanaged all the money generated. So there was no money to manage the bar.
Apart from that, the problem of structural defect is till there today. Now, I set a goal. I told them that I am here to do good, not to spend your money for selfish interest. We have to reposition this bar. Some people are coming tomorrow, what legacy are we bequting to them? That has been my watchword.
Even when I was contesting for the House of Assembly, I said it was going to be a political platform for expidency. That, politics is not for you to make money. No! It is to change things in the society. Interestingly, last week Friday was our bar meeting and I told then what I had in-stock.
I said I am going to leas this hall, we can’t manage it. And we are preparing for a law week in December, we’re going to invite friends of the bar. Mall. Yusuf Olaolu Ali has affected people’s lives positively, more than most of the leaders of the bar that I know. He is not from Ondo State. I have the privilege to know him during election petition.
All these people that I mentioned earlier he would take them to election petition so they could make money. That is why all of them are living okay today. Most of them are Senior Advocates of Nigeria. So we have to bring in friends of the bar, not in monetary term alone, but human resources.
Afe Babalola contributed immensely to Akure Bar, today these guys are managing the place properly because they have crops of leaders. I’m not saying they are not blemish, but they have focus, and determining purpose. We must do similar thing for Owo Bar.
In the recent time, there are conflicting Judgmenst oozing out from the Nigerian judiciary. How would you react to this?
It didn’t start today. It is a slap on the judiciary. Why would I say that. Without prejudice to human deficiencies, this profession, a bar and the bench, they are two side of the coin. One cannot stand without the other. People from the bench are picked from the bar.
The first thing when we were in Part One, studying legal method in the University was that you must be fit and proper before you are called to the Bar. That is the language of the law. It presupposes that 90 per cent of those practicing law today are not fit and proper
You mean intellectual wise?
No. Greed makes people forget integrity. Every human beings on earth are greedy. But if you are born well, the first thing to be in a child is self discipline and Integrity. In Yoruba parlance, “Ranti omo eni tiwonse “. The Holy book of the Bible says, ” I will favour those I will favour. ” It doesn’t say every body.
Our quest for riches and wealth is human greed. That is one of the banes for these people giving conflicting rullings. There is no fear of God. There is this maxim in law that says, “let justice be done even if heaven will fall. ” That is, do justice irrespective of whose toe is stepped on.
There is no fear of God. Two, greediness and lack of integrity cause them to take bribe. Because they want to be rich. They forgot that the exhorted seat they are is God’s doing. They are trading values for human riches. Except we go back to the root. Except we flush out the bad eggs. Except there is training and retraining. But one day, we will get there.
Are you saying that the judiciary which is to be the last hope of a common man has been compromising?
I won’t say that. There are bad eggs, even in your own profession, journalism. Is everywhere. But unless we act fast purifing the judiciary of those bag eggs.
How can this be done?
Erring judges should be sanctioned. The same applicable to us lawyers. If you are suspended for three to four years, you become a public oppbrum. Your family will look at you as a disgrace. A court is not just a court of rules, it is a court of justice. We only apply the law to fact.
The law is clear. Whoever goofs, we should do justice. As a judge, you stand firm, juxtapose the law with the fact before you.
Was there any case you handled that tasked you much?
Each case is handled in its peculiarities, depending on the fact of the case. As a lawyer, we can make mistakes. Most of the cases here are either land or chieftancy matter. Our people, because of the level of illiteracy, they are seeing you as their saviour and when you take wrong step inadvertently, the resultant effect is negative.
So, you have to be diligent. You have to see it as a task. I made a mistake. It wasn’t adverted mistake. Section 16 Sub 4 of Ondo State Chieftancy Law says that, “you should write a letter to the prescribed authority and that the prescribed authority should settle the dispute. When it fails, within 21 days, you should write a letter to the commissioner for chieftancy and local government affairs.
We actually wrote letter, but it didn’t fall within a purview of the prescribed days and there was prefer objection. My head was big. At the end of the matter, the case was dismissed. I felt bad.
Any regret as a lawyer?
No! Because it’s something I love to do. It is the only profession that has good relationship with the society. It has shaped my life. I am a high chief in Owo. Am a member of Olowo in Council. We have Olowo Traditional Arbitration Panel where I attended once in a while.
Anytime am there, people will see me and say we have somebody. Kabiyesi has confidence in me. The society has confidence in me. I participated in all of our traditions. I have become a reference point in my community, Owo.
What legacy are you leaving behind as NBA Chairman, Owo branch?
It is always the best to catch a nich for yourself wherever you find yourself. All I want is for them to wake up one day and say they have a chairman that his legacies will be something to look at.
That means I want good foundation. I don’t found any foundation when I came in, though the people of the past had tried their best. But if we continue like this, there will be crisis.
We have many SANs in Owo Bar and I have been going to them, talking to them. Olawoye SAN is our leader. We called him during the Law Week that, Sir, this is your baby. He was angered because of the past chairman that mis-managed the monies of the bar.
All of them are coming back and with the confidence reposed in me, I will not betray them. I will leave the bar unblemished. I will be transparent as much as possible
What is delaying your Senior Advocate of Nigeria rank.
My brother, at times we have all it takes, but we may not have the wither too. But between me and you, I have never been over ambitious in my life. It is not do or die.
All I wanted is to live a good life As a high chief, I know I will be buried like a king. So life is all vanity. But I would love to be Senior Advocate of Nigeria so that it will be part of my achievements and that will be accomplished in the the next two years.