There is a period allotted to everything under the sun. The sown seed proceeds slowly to partake in the regenerative cycle, carrying with it the promise of a bountiful harvest in the womb of time. Ephemeral holders of transient power forget the overbearingly impersonal and constant meddling of time. Chroniclers of events are yet to record the existence of the deeds of man which surpass time other than those etched in the minds of their fellow men, either good or bad. Anyone who has a rare opportunity to make the difference while in office should take heed lest he finds himself on the wrong side of history. All of us stand on its threshold bearing evidences of our impact on the system which we help to shape. Everyone will be called upon to account at the appropriate time.
2. Honourable Justice Pius Olayiwola Aderemi stands out as a unique personality on the Bench. This assertion is by no means intended to disparage or doubt the sterling qualities of the eminent jurists, his brother justices, whose inputs have helped to stabilize the polity in recent times. The country remains eternally grateful for the seminal contributions of these outstanding individuals. The Bar is particularly lucky for the remarkable enrichment of the country’s jurisprudence which established and budding attorneys will find continually engaging for many years to come. The quality accretion of our judicial precedents is strikingly phenomenal. New legal theories will emerge as practitioners and academics employ them for forensic analysis in our courts, classrooms and research institutes.
3. The personality of the celebrant however derives its uniqueness from his ceaseless interaction with the Bar which he served meritoriously for years before his appointment to the Bench. He had served in various capacities starting at the cradle of indigenous legal practice in the country, the Ibadan Bar. The fact that he continues to pay his dues to our association till date confirms the possibility of enhancing the quality of the symbiotic relationship which ought to exist between the two distinctive but complementary judicial layers. His ever readiness to offer advice to the Bar on sundry issues affecting the Legal Profession and the welfare of lawyers is worthy of commendation.
4. A consummate Bar man, Justice Aderemi, nevertheless, possesses the required gravitas for the office of a judge, yet he decidedly refused to allow his position to affect his interaction with his former colleagues at the Bar. He did not, and the situation remains the same even now, strut with an air of arrogance, an attitude often associated with ignorant people who suddenly find themselves in positions of responsibilities thrust upon them undeservedly. He exudes confidence which commands instant respect even from the most brash of persons. A devout Christian whose activities in church rival his duties as a justice of the highest court in the land, this unassuming character is not known to discriminate against anyone on the basis of his religious beliefs. Pious indeed, hypocrisy has never been one of his attributes.
5. Above all the Bar can confirm with all emphasis it could muster that this eminent jurist is incorruptible. It is, therefore, a mixed feeling of regret and joy for true lovers of truth and everything that is decent to gather here today to celebrate an exemplary Bar man and outstanding Jurist. Regret because this man of keen intellect is still very fit to continue rendering services to the Bar and the Bench with unalloyed commitment at the time of his disengagement. Despite this, the fact that he taking the final bow from the Bench leaving an unblemished record gladdens our hearts. We take solace in the knowledge that he continues to wax stronger in health. The Bar, especially at Ibadan, will be glad to have him back home. The life of this great man reminds us that we can also make our own existence sublime affecting positively our society and by extension, humanity at large.
6. His remarkable record of service supports our call for the appointment of lawyers in practice to the Bench. We renew our call on the authorities saddled with the responsibility of appointing eligible practitioners to the Bench to return to the erstwhile practice which brought seasoned practitioners and academics directly to the Court of Appeal and the Supreme Court. We must cast aside the current method which reduces the serious issue of the appointment of lawyers to our courts into an omnibus and routine exercise which glorifies mediocrity. We renew our call on the NJC to take a critical look at the current process of appointment. Outstanding practitioners with proven record of integrity must be allowed to inject their vast knowledge of law and practice into the judiciary at the Court of appeal and the Supreme Court.
7. Closely related to this is the appointment of judges. There have been complaints concerning the manner through which certain lawyers found their way to the Bench. Suspicion is rife that it is fast becoming an exercise deliberately bent towards the entrenchment of legal dynasties, aristocratic orders not based on merit. Already, not a few lawyers have expressed sentiments akin to a progressive rejection of what this aberrant phenomenon represents in the judiciary. We strongly believe that the injection of quality practitioners to the Bench will arrest the drift.
8. The virus of corruption, from which the judiciary used to be immune, seems to be gradually settling within it with its disastrous impact on the society. The pervasive belief among practitioners now is that the tribe of bribe takers is expanding with such unimaginable rapidity. The NJC has had to come down heavily on some corrupt judges. We commend the body for this step. But it would appear that we still need to do more to expose these unscrupulous elements that will stop at nothing to destroy the reputation that our professional forbears laboured to build. No corrupt judge must be spared.
9. The leadership of the Bar will not fail to revisit the issue of the appointment of industrious and exceptional practitioners and academics into the Inner Bar. The unending controversies generated by the current guidelines should compel closer scrutiny into those set principles if the respect accorded the beneficiaries of the award Senior Advocate of Nigeria is not to be eroded. What started in muffled tones has now been elevated to a prime position in our deliberation at anytime and anywhere there is a gathering of lawyers. The din of the complaints of most lawyers will subside when appreciable transparency is brought to bear on the process of selection. Lawyers must not labour under the impression that all they need to merit the honour is a recommendation from a godfather or, worse still, an evidence of biological or marital affinity to certain influential people within the profession and government. This is not in the overall interest of the profession. Only the deserving must be honoured with the title of the Senior Advocate of Nigeria.
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10. The Bar will strive relentlessly to extricate its well-earned enviable pride of place in the polity from whatever design, omission or commission in whatever manner by any of its members, which seeks to denigrate us as an unprincipled and conniving bunch. It is in view of this that the Bar considers the current controversies surrounding the prosecution of certain former public office holders under this present government and the roles ascribed to the Attorney General of the Federation, as embarrassing. It is unfortunate that governance in Nigeria has been reduced to such a level that government leaders who should know better do not seem to realise that conflicting statements between one department of government and the other does not present Nigeria in a good light before the International community. It diminishes the country, embarrasses our friends. More specifically cycle of media reports and denials creates a crisis of confidence not only in the Justice Delivery Sector but in the often-stated commitment of government to fight corruption. Nothing has exemplified further the suspicion that government has lost the fight against corruption as the conflicting statements between the Attorney General of the Federation and the EFCC.
11. We strongly advise the AGF to allow the anti-corruption agencies to function unfettered with technicalities which appear to scuttle any serious attempts to bring some individuals to justice. The gestures and pronouncements emanating from the office seem to stand at variance with the much-vaunted campaign by the government for probity and the rule of law. The NBA views the current controversy and or cycles of conflicting statements and denials between the office of the AGF and EFCC as embarrassing. It can only serve the purpose of those through whose sordid deeds the country lies prostrate. The Government through the Office of The Federal Attorney General and the Anti-Corruption Agencies must show that they do not lack the political will to combat corruption. We can not one hand be seen to be protecting the kleptocratic elite for whom corruption is a way of life and on the other hand claim we are unequivocal about the fight against corruption. The NBA believes it is time to rethink this war against corruption and combat the scourge headlong.
12. The NBA will continue to admonish the Government to take the issue of
Education very seriously .Government–owned Universities have been closed down for over three months now. Functionaries of government do not appear as possessing any clue on how to resolve the problem. In addition to the efforts of the NBA mediation team of Chief Wole Olanipekun SAN, OCJ Okocha SAN and Mike Mamman Ousuma,SAN, and Ibrahim Mark, General Secretary of the NBA , we join all well meaning Nigerians in their call on the Government to return to the negotiation table , honour the agreement which its agents freely entered into with ASUU. We also pray the ASUU to please suspend the debilitating strike in the interest of all the concerned .We all rise in unism to condemn the conscious destruction of our educational system by successive Governments. A country without a good Educational system is certainly doomed.
13. Some days ago the country was again jolted by yet another brutal assassination of a journalist, Mr Bayo Ohu, in Lagos. This came shortly after the Lagos State Government ordered a Coroner Inquest into the murder of Mr Abayomi Ogundeji, another journalist with This Day newspaper who was killed recently by still to be identified gunmen. The NBA calls on the Inspector General of Police to ensure that the culprits are brought to justice as quickly as the Nigerian situation will permit. The languid processes of investigation associated with previous unresolved murders in the country presage inaction in this latest heinous crime. We hope the new police helmsman will prove us wrong. The ease with which Nigerians lose their lives these days exposes the boring refrain which holds that the job of the Force is the security of lives and property as mendacious.
14. Some newspapers have also reported a few days ago newspapers reported the threat of another round of orgy of violence in Kaduna and Kano. It will not be out of place if we demand that the Police and other security agencies should always use their intelligence network to nip such disturbances in the bud. They must not wait for the escalation of a crisis to the magnitude of the Boko Haram tragedy before acting. We have lost too many lives to the ineptitude and negligent attitudes of our security outfits. Human life has become the cheapest commodity in Nigeria today.
15. The NBA is unmitigated in its commitment to the Rule of Law and good Governance in Nigeria and no amount of name calling, blackmail and contrived misunderstanding will cause us to shrink from or shirk this patriotic duty. The NBA cannot but be worried about the clear case of Governmental
failure as manifest in the embarrassment caused this nation by the appointment of Prof. Adeniran as Nigerian’s Ambassador to the US and his consequent rejection by that country on some grounds. Let me say loud and clear, that if government chooses not to be embarrassed, we the people are. The apparent failure of government security agencies to conduct an effective due diligence or background check on the proposed appointee is not only worrisome but clearly underscores the imposition of partisan considerations above merit and national interest in making appointments. The NBA says this must stop . The NBA tasks President Yar Adua on the need to awaken the nation from slumber as it wobbles into its 50th year of fumbled existence.
16. As we celebrate the exit, from the apex Bench, of a jurist whose presence radiates outstanding knowledge and uncommon humility, we must remind ourselves of the sacred responsibilities which providence entrusts in our care. We thank God Almighty for sparing his life. We pray that he should remain in good health for the rest of his days
17. The NBA wishes to express the gratitude of all lawyers to this eminent jurist for his unalloyed commitment to the Bar. We will also demand as of right that now that he is excused from the drudgery of rummaging through mountains of forensic arguments brought before him for his learned pronouncement, he should continue to avail us the benefit of his fecund mind.
18. My Lords, ladies and gentlemen, I cannot thank you enough for your patience.
OLUWAROTIMI O. AKEREDOLU, ESQ, SAN
PRESIDENT, NBA.
24TH SEPTEMBER, 2009
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