* The Only Way Of Reducing “Oungba Un Kan” Syndrome Is To
Reconsider The Condition Of Service Of Judges
*Thanked His Lordship, Justice Danjuma JCA, In That, He
Submitted 3 Landmark Cases From His Division For His Application
For SAN.
Chief Yomi Alliyu, SAN, has said that one of the ways of curbing
delayed appeal is for Presiding Court of Appeal justices to be up
and doing in watching the list of cases in his or her Court. The
learned silk made this statement, in a speech delivered on the
8th day of April, 2019, on behalf of the inner bar at
the Special court session in the Court of Appeal, Akure Judicial
Division, held at the High Court of Justice, Osogbo, Osun
State.
According to him, the appeals at the Court of Appeal continue to
mount every day, thus the only way out is to have three
simultaneous sittings in the judicial Divisions apart from holding
Special Sessions in States other than where the Division sits,
adding that this method will no doubt help in reducing backlog of
appeals.
Stressing on why judges must watch the list of cases in their
court, CHIEF YOMI ALLIYU, SAN, eulogized his lordships, Ogunbiyi,
Modupe Fasanmi, Kekere-Ekun and Chidi Uwa, JJ.CA, whom he
described as the three learned witches. He noted that it is on
record that Ogunbiyi, JSC concluded more appeals with the “three
learned witches” that she worked with, adding that, they called
them “witches” because when any three of them sat together there
was no escape for indolent counsel.
“Another way of curbing delayed appeal is for Presiding Court of
Appeal justices to be up and doing in watching the list of cases in
his Court. Court officials have a way of superseding their friends’
cases over other appeals especially motions. Hitherto, in your
Division My Lord Kudirat Kekere-Ekun, PJCA (as he then was) had a
book for Head of Litigations to enter all motions with dates.
Appeals were also listed therein. HOD Litigations will have a very
strong reason to keep a motion perpetually unlisted.
“My Lord learned this from Clara Bata Ogunbiyi, PJCA of Ibadan
Division (as he then was). It is on record that Ogunbiyi, JSC
concluded more appeals with the “three learned witches” that she
worked with. We called them “witches” because when any three of
them sat together there was no escape for indolent counsel. They
sit till sometimes 5.00p.m. May God continue to bless my Lords
Ogunbiyi, Modupe Fasanmi, Kekere-Ekun and Chidi Uwa, JJ.CA. Their
activities made many people to have court of appeal cases for
appointment as SAN. I had 9 appeals decided by four of them,” he
said.
Speaking further, he said that if Courts are the last hope of
common man, then those saddled with the administration of justice
have a duty to ensure that this hope is not dashed. He also looked
at the Court of Appeal Rules in order to consider what can be done
to the rules eating deep into the rights of citizens and/or
constituting clogs in the speedy hearing of appeals. He started by
considering Order 19, Rule 10, which according to him, provides for
dismissal of appeal for lack of diligent prosecution where the
Appellant failed to file his brief within time. He noted that this
order which has been interpreted by the Supreme Court to mean
dismissal on merit is a practitioner’s nightmare. He emphasized
that same amounts to technical justice.
“First and most important is order 19, rule 10 (the old Order 6
rule 10). It provides for dismissal of appeal for lack of diligent
prosecution where the Appellant failed to file his brief within
time. This has been interpreted by the Supreme Court in a plethora
of cases to mean dismissal on merit. It is a practitioner’s
nightmare.
“However, we have heard overtime that the ship of justice had
left the coast of technicality to substantial justice. This was so
decided in the appeal I argued in this Division in 2015 to wit
NATHANIEL AGUNBIADE & OR v. OKE & ORS. If dismissal for
want of diligent prosecution is not technical justice one wonders
what will be technical justice. Clients do not write briefs but
counsel. Then why should the Court visit the sin of counsel on
clients against the age long principle to the contrary? Can this
provision stand in the face of the fair hearing provision of the
Constitution of the Federal Republic of Nigeria, 1999 (as
amended)?” he asked.
He also criticized Order 17 which is to the effect that Notice
of Appeal in criminal cases must be signed by the defendant
personally. According to him, apart from road hazard, it will
entail great expense on a counsel doing pro bono to travel from
Akure to Abeokuta where condemned inmates are kept. This explains
why there are delays in criminal appeals notwithstanding the
provisions of Administration of Criminal Justice Act. Also, the
learned silk admonished the bench on why it should be up and doing.
According to him, the only way of reducing “Oungba un kan” syndrome
is to reconsider the condition of service of judges which can only
be done by full autonomy for the Judiciary.
“The judiciary will be busy. The Bar is in business. The bench
is justifying the salary it earns. Or why will a judge be lobbying
his Chief Judge to nominate him for Election Tribunal. Some judges
of High Courts refused to be transferred away from the headquarters
to other towns on health ground. The question that arises is why
will such a judge with health challenges lobby his Chief Judge for
membership of Election Tribunal whose sitting is from day to
day?
“With the events unfolding in recent times it seems as if both
the Bar and the Bench are in business. Some judges have suddenly
become millionaires and secured employments for their children by
patronising politicians appearing before them in pre-election and
election cases!
“In this period when the difference between APC and PDP is the
difference between 6 and half a dozen, judges in business should be
careful. The politicians who brought PDP goodies yesterday is in
APC today and vice versa. Lawyers follow their clients too except
ethical ones. Our clients tell us stories. Clients now openly tell
their counsel that, “oga, don’t trust him. Oungba un kan (he
accepts “gifts”). I agree and know as a fact that most of these
“Oungba un kan” could be lies by politicians to swindle their
godfathers but recent disclosure by anti-corruption agencies proved
that there are some ‘’Oungba un kan’’ judges.
“The only way of reducing “Oungba un kan” syndrome is to
reconsider the condition of service of judges. This can only be
done by full autonomy for the Judiciary. I have seen many Osun
judges standing by their broken down vehicles on Gbongan-Ibadan
highway! It should be declared humanis juris gentuum for
any government to deprive a judge of good things of life! A judge
of the High Court standing in the dense forest is an easy target
for herdsmen and canon folder for armed robbers seeking
vengeance.
“State Chief Judges should as a matter of urgency send a bill to
the House of Assembly for the establishment of Judges Pensions
Board. This should take care of not only the pensions of retired
judges but also their welfare especially those bordering on health
care. A judge starred in the face with emptiness on retirement
might be tempted to help himself out with “last chance” judgment!”
he added.