nation0428

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TUESDAY, APRIL 28, 2015
E-mail:- law@thenationonlineng.net
If, for instance, education is made a fundamental right, then there will be
less resources for the executive to steal or mismanage. President Jonathan
with few enduring legacies, should consider reaching a compromise with the
legislators, instead of the double dealings against greater national interests.
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See page 39
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He was a Judge for 10 years. He practised as a lawyer for 19 years. Now in retirement, Justice Babasola Ogunade is
into consultancy, which allows him more time for God’s work. Justice Ogunade is the Chancellor of the Diocese of
Lagos West, Church of Nigeria (Anglican Communion). In this interview with JOSEPH JIBUEZE, he speaks on what
makes a great judge; life in retirement; why being a judge is challenging; his expectations of the incoming Buhari
administration and the need for more voter education to reduce ‘money politics’.
ARE you satisfied with
your time on the Bench?
IF you have done your best while in
service, in retirement you will feel
happy that you have done your best.
If you work according to your oath of office,
then you should leave it better than
you met it. That is my satisfaction.
How did you join the Bench?
A good number of us went to the Bench
not because we aspired to. I was a full
time legal practitioner from the first day
of my call to the Bar until I was invited to
come to the Bench. I did not apply. I did
not lobby anybody. In actual fact it’s like
I was dragged into it. I was first asked to
come to the Bench in the mid 1980s but I
didn’t take it, for two reasons. The way
that judges were retired in 1975/76 by the
Murtala/Obasanjo regime – I felt it was
an unnecessary intrusion into the affairs
of the temple of justice.
What was wrong with how
the judges were retired?
I knew of two people who were retired
in Lagos. One was in the limelight of the
Bar when he was in practice. And on the
Bench, he was someone that everyone was
looking up to. The reason for his retirement
was only made known to him after
they had retired him. And when they
heard him, they said: ‘We’re sorry, we
didn’t have the facts.’ And most unfortunately,
the Attorney-General at that time
was a solicitor of the Supreme Court. In
order to make up for it, they converted
his compulsory retirement to voluntary
retirement. It’s a long story. Because even
though they knew the facts, one of those
ones who played a prominent role in their
retirement knowing all the facts came
round to write a book to malign the character
of that judge. So, when you have seen
that kind of treatment, how are you encouraged
to go to the Bench?
So, what convinced you
to go to the Bench?
The first time I was asked, I said I was
satisfied with what I was doing; I didn’t
want it. But you realise that it is a position
of honour. No matter what anybody
says, the highest point you can reach as a
lawyer is for you to become a judge. It’s
the other way round in this country. In
England I do know that a number of the
High Court judges there are Queens Counsel
(QCs), and they always regard it as an
honour when they are invited to the
Bench. But it’s not the same thing here. In
the end, I had to surrender and I accepted
to go to the Bench.
Did your earning increase
while on the Bench?
The way I met the Bench wasn’t anything
to write home about. One, my income was
reduced by almost 75 per cent. But I didn’t
complain because I knew what I was going
into. I felt satisfied with what I had
done in practice. And I was sure I could
manage with whatever I earned. So the
usual temptation that people have, to
want to cut corners – I didn’t have it,
maybe because of my family background.
•Justice Ogunade (rtd)
‘Treat corrupt judges
like criminals’
I’m satisfied that I gave of my best.
Are you satisfied with the way
retired judges are treated?
My view is that having done your best for
the Bench, you shouldn’t be among those going
cap in hand to ask for your pension. And
I think it’s worse here because your earning
is tied to the apron string of state executives.
They are the ones who will pay you if you
have served in the states. I think they are
trying to improve upon that now. Most of
the time it’s for the governor to say: ‘I don’t
have money for pension. We’re struggling
to have money’. Without being partisan, the
present governor of Ogun State has been
doing his best for retired judges until last
September when he had to confess that the
income of the state had been drastically reduced
to the extent they had to look for
money through internally generated revenue.
How can this anomaly be rectified?
I think effort should be made to totally separate
both serving and retired judges’ emolument
from the apron strings of whether
federal or state administration. I understand
that the emolument and remuneration
of judges rarely comes under First
Charge on revenue. They have managed
to relegate it to this stage that judges have
almost become beggars. Those who are
serving will have their own story to tell.
You’re left under the whims and caprices
of whoever becomes the governor. It’s just
not right, particularly for a person who
believes that he has given of his best and
has not for any time soiled his hands and is
satisfied with the sacrifices he made. And
when you retire, you’re going to be left
short of funds. Even that which has been
given to you, you may not be having it on
time. I don’t think it’s the best.
What do you make of allegations
of corruption on the Bench?
Today you talk about corruption in the
judiciary. I don’t really know what it is.
There may be some (who are corrupt) because
of human failings, but it’s not as all
embracing as it’s made to appear by politicians
and unfortunately even by the media.
They expect judges to be prosecutors.
For instance, someone has stolen. Those
who are going to prosecute will not bring
evidence, and when the judge gives judgment
according to the evidence before him,
he will then be the one who has done ill.
What do you miss most
about the Bench?
I miss the regular interaction with lawyers
in the court. Any practitioner who had
enjoyed his practice will always appreciate
what it is, especially when you have
lawyers who know their onions. You miss
all that. Unfortunately as a judge, you have
more or less been secluded from society.
Many of your friends would have deserted
you when you are on the Bench. And when
you leave, before they start coming back
to you, it takes some time. I remember I
was at a party. One of my childhood friends
who I grew up with and went to school
with, a reputable professional in his own
right - he sarcastically said: ‘You’re the
learned people, we’re not learned.’ This is
the sort of attitude that people have generally.
That’s the fate that we suffer. You’re
there but your friends don’t come to you
anymore. And when they see you, the attention
is rather cursory. It’s not as cordial
as it used to be. So it takes a while to start
warming yourself into their embrace
again.
Would you say the life of
a judge is challenging?
It is challenging. As a lawyer, friends
come to you. The moment you are appointed
a judge, your friends and clients
keep you at arm’s length. It’s for good reason
because I had done that to my friends
who became judges. The moment they are
appointed judges, I keep my distance from
them, because of the society in which we
live. And you sort of suffer that isolation.
What is worse is that you are isolated from
your friends, even from your extended family.
It becomes such that you are restricted
to your immediate family, because you
never know the reason people would be
•Continued page 26
INSIDE:
When judges,
magistrates
turned against
journalists
-Page 27
Lawyers hail
CLA conference
Stakeholders
seek laws to
regulate used car
importation
-Page 39 -Page 40