The day I almost cited a SAN for contempt, by Justice Taiwo

Frankly speaking, and this is known to everyone very close to me, I never wanted to become a judge or Senior Advocate of Nigeria. I just wanted to practise law because I have a passion for it. I had been invited to join the Bench even before my dear wife, Hon. Justice Oluwatoyin Taiwo became a judge in 2004. I remember that my Lord, the former Chief Judge of Lagos State, Hon. Justice Oluwafunmilayo Atilade asked me to apply sometime in 2003 before she became the Chief Judge. Prior to that time, I had been approached to apply to the Ondo State Judiciary because my late mother was from Ondo City, Ondo State. I did not.

Joining the Bench, I believe very sincerely was more spiritual than physical, but definitely not accidental, because as a believer and a Christian, the way I found my way to the Bench was actually ordained by God long before I was conceived. I had very deep connections and interactions with judges when I was growing up. One of them was Hon. Justice Olajompo Akinkugbe (of blessed and fond memories), who was married to my aunt the late Mrs. Mojisola Akinkugbe. Their house at Iyaganku Quarters in Ibadan, Oyo State, was frequently visited by me and my mother. The jurist who was at a time a judge of the Western Region Court of Appeal was a very stern man. If he smiled at you at all then he was extremely happy. You could hear a pin drop anytime he was at home because all of us, my mother and aunt alike, used to talk in hushed voices if we had to talk at all. The other person I grew up to know first, as a lawyer and later a judge, first of the Lagos Judiciary on his appointment by the late Lateef Jakande, former Governor of Lagos State, then later elevated to the Court of Appeal of Nigeria was Hon. Justice Omotayo Moronkeji Onalaja is also of blessed memory. It was Justice Onalaja that supervised my thesis as a student in the Faculty of Law, University of Ibadan, Oyo State. The title of my thesis was MILITARY TRIBUNALS AND THE DUE PROCESS OF LAW. This was in 1984 when we were under the military. In actual fact, I knew of the case of LEVERSIDGE V ANDERSON [1941] UKHL 1 at that time because, on proof-reading my draft, Justice Onalaja told me to read the case as my thesis would not be complete without citing the case.

I had mentioned that I never wanted to become a judge, but how did I find myself on the Bench? Sometime in early January 2015, while I was the 2nd Vice President of the Nigerian Bar Association (NBA), I had a matter before my Lord Hon. Justice Rita Ofili-Ajumogobia sitting in one of the courtrooms just by the car park at the Federal High Court, Lagos. She rose for a while and I decided to stand outside till she got back in. My Lord and my classmate at the law school, Hon. Justice Ibrahim Buba was walking by and saw me. He called me and asked me thus: “This man how you dey? Wetin you wan do? You no apply for silk and you no come join us for Bench”.

I told him I wanted nothing. He went further to tell me that the exercise of appointment to the Bench of the Federal High Court was ongoing if I was interested. I thanked him for the information which I was not aware of even as an officer of the NBA. I went further to tell him that I would inform my wife and pray about it. I told Toyin – that’s what I call my wife – she liked the idea because at that time I was traveling all over the country for the NBA on official duties and she was of the view that the frequency of my traveling would be reduced.

I then took it to God in prayers after reading a particular Psalm if I wanted a revelation. I went to bed. At the midnight, I saw a vision. I was at a function of the Federal High Court and I saw many faces of judges, particularly that of my Lords Ajumogobia and Ademola. When I entered, there was no seat but I saw a policeman sitting comfortably. I went to him and asked him to vacate his seat. I actually commanded him to get up and that was it. I woke up from my sleep, tapped my wife, and told her what I saw in the dream. I then told her that I would give it a trial by applying to the Bench in this court.

At that time, too, God told me to limit my decision to very few people and that I should not even tell any pastor. Thus, I kept my decision from many of my friends, especially one person who is very close to me and was actually doing all he could for me to take the silk, Lanre Ogunlesi, SAN, and one other highly-revered person who is like a mother to me, Mrs. Hairat Ade-Balogun. They were shocked, like many people when words eventually got out that I had been shortlisted. When I decided to apply to the Bench, I stopped attending Federal High Court functions so as not to appear as if I was lobbying despite that my Lord the former Chief Judge of this court, Hon. Justice I. N. Auta, always invited me to the functions, and would actually ask of me if I was not in the crowd, especially after my stint as the Chairman of the NBA, Lagos branch.

This was why I did not attend the valedictory session in honor of Hon. Justice Awokulehin. This is a confession. I cannot and must not fail to recognize the contribution of my Lord, Hon. Justice Amina Augie, Justice of the Supreme Court of Nigeria, contacted judges of the Court of Appeal, all of whom knew me when she was the Presiding Judge of the Court of Appeal, Lagos Division. I recall that Hon. Justice Tijani Abubakar JCA (as he then was), now Justice of the Supreme Court of Nigeria, Hon. Justice Sidi Bage JCA (as he then was), later Justice of the Supreme Court of Nigeria but now the Emir of Lafia, Nasarawa State, after his voluntary retirement from the Apex Court, Hon Justice Shuaibu JCA, Hon Justice Adeniyi Ademola, Hon. Justice Opeyemi Oke, former Chief Judge of Lagos State Hon. Justice Kazeem Alogba, the current Chief Judge of Lagos State and Hon. Justice Ayodeji Balogun of the Lagos Judiciary were the few people I informed and they recommended me as a judge of the court.

I grew up in a disciplined environment. I and my twin brother Kehinde Taiwo, an American, who is a retiree like me after working for the Washington D.C. government for many years, lived with Mrs. Funmilayo Ransome-Kuti (mother of Fela Anikulapo Kuti) in Abeokuta in our early years. My father,  the late Archdeacon J.B. Taiwo, was a disciplinarian and a single parent to me and my siblings.

My father would not allow any of us to sleep if we did not master a song from the hymn book every night while he played the organ. We all started fending for ourselves at a very young age. My late mother was very generous and kind. We were taught contentment from our early years. This explains why we did not hunger for money or worldly things. I won’t deny that my mother spoilt me a little…just a little. She gave me a car when I was in the university and had access to other cars on holidays, especially after I had an accident with the Peugeot 504 saloon car. Many of my friends rode in the car when we were at the University of Ife, now Obafemi Awolowo University. We sure had a good time growing up. I was a DJ in Ife in those days. Therefore, I made lots of friends. We all had money to spend. All we needed was 50 kobo for meals. 10 kobo for breakfast, 20 kobos for lunch, and 20 kobo for dinner. Most times, our meals included well-cut chicken, fish, and meat.

Lawyers instigating clients to write petitions against judges

I am bothered by many issues I noticed in my years in active legal practice and, most especially, in the few years I spent on the Bench. One of them is the spate at which lawyers instigate their clients to write petitions against judges. I must state that I am aware that in some instances there may be justification for it, but more often than not, the petitions are frivolous to the extent of being ridiculous. I am aware that some lawyers engage in this practice when their case is bad, when they want to delay the matter or when they would rather prefer their case to be handled by another judge other than whom it was assigned.

How can you write a petition and ask that a case be transferred because a judge asked you to go and serve your court processes out of the jurisdiction of the court in Nigeria when cases abound on service without leave? It happened to me. How can anyone write a petition against a judge for granting an ex parte application when you could file an application that the order is discharged? How can you write a petition alleging that the judge does not like you and he is always giving judgment against you, a conclusion that is not entirely right?

I am bothered by the arrogance of some members of the inner and outer Bar when conducting cases in court. Some have no respect anymore for the Bench. How can one explain a Senior Advocate of Nigeria asking me to come and handle the cross-examination of a witness just because I informed him that the venue of the commission of a crime was better left for the address stage? But for the intervention of other gentlemen of the inner Bar present in court on that day, I would have committed him for contempt in facie curia.

I am of the view that respect begets respect and that as a lawyer you must respect the Bench. You can insult a judge in words if you so wish, but it does not portray you as a gentleman in line with the ethics of our noble profession. I am also bothered that some senior members of the Bar send juniors to appear in cases because they want an adjournment. I can go on and on. In all my years at the Bar, I never wrote any petition against a judge, even in one or two instances when I should. I would rather withdraw from the case which I did on one or two occasions or appeal any judgment or order. I’ve had to return files to my clients to engage another lawyer when I knew I could no longer appear before a judge. Lawyers should desist from filing frivolous cases and applications, the end of which would delay the course of justice and erode the confidence of the public in the judicial process.

I belong to the NBA by reason of my profession. I love the association for its role as the mouthpiece of the downtrodden. I want the best for the association, especially for it to evolve in a democratic and transparent way in the election of its officers. I am of the firm view that the election of the president of the NBA ought to transcend a situation where the next president is known before a new one is sworn in. I see danger ahead if the means of the election of officers is not amended. I say this because I was informed that a particular person was going to take over even before President Olumide Akpata left office. I asked myself how is that possible, knowing that star gazing or clairvoyance are not courses in law. I want to propose that on election day, all those interested in voting should go to their branches physically to vote electronically as being done by INEC. This will ensure transparency in the electoral process of the NBA.

I was elated when at the valedictory session for my Lord, Hon. Justice Abdu Aboki JSC on the 15th of September, 2022, at the Supreme Court, the President of the NBA, Mr. M.C. Maikyau SAN touched on lawyers criticising judgments of courts. Some even do so without reading the judgment of the court. Something needs to be done to curb this trend as it portends danger to our profession. I read with total unbelief when a head of an agency referred to a judgment I delivered in a case. The said head of the agency did not refer to me by name but he stated his paper thus: “a recently retired judge of the High Court…….”. Who else is the recently retired but me? Let me quote him for emphasis: “ICPC’s prosecution of this high ranking officer to recover all implicated assets was strangely and pervertedly frustrated by a recently retired High Court Judge who decided to forfeit some assets to the FGN and the rest left to the suspect…. While the commission has filed a notice of appeal, this strange development aggravates an already bad situation and escalates insecurity and impunity”. The said head of the agency failed to inform the audience and indeed the world that I granted an interim forfeiture order on certain properties and after publication, certain persons approached the court with papers claiming ownership of some of the said properties. I am not clairvoyant; I deal with affidavits filed before me. I released some properties to those I find in my estimation to have proved ownership and forfeited others lacking in proof to the FGN. I did not release any property to any suspect, there was no suspect before me. I am baffled why the head of the agency should indict my judgment when the matter is already on appeal. He ought to have allowed the court of appeal to decide the matter which is sub judice. I leave the people to judge, but I must state that the said high-ranking military officer was not charged to court at all, at least not before me and if I am correct, not before any judge to date. I think it’s time the judicial arm must have an information department to set the records straight because as judges, we cannot go on air like any other individual to counter any item in the public domain. Judges need to be protected from negative and unsubstantiated allegations. We should be protected from being unduly slandered and scandalized.

I have kept to my oath of office in the discharge of my judicial functions. I am human, just like anyone else that can make mistakes of the law. That is why we have above the high courts, the Court of Appeal, and the Supreme Court. The greatest mistake a judge can make that is not good is that of conscience. I have performed my duties with my conscience as a banner. I have had to deal with issues as I see them in law and in law only. I must confess that twice I had considered leaving the bench before my statutory retirement. We are being hounded, blackmailed, and intimidated in every way. We have even been placed on the list of PEP (Politically Exposed Persons) and I we have our bank accounts and private lives investigated for no reason other than, that someone does not like your judgment. Some people are happy I am leaving the bench. Can I stay forever when the law says I should retire at 65? I laughed when I was told that some people are happy. It only shows how myopic they are and foolish too. Even if I do not retire which is not possible, will I not die one day? We shall all leave the institutions we serve one day. We shall all become history. Therefore, do your best, and perform your functions without fear or favor. Do not perform out of envy of anyone or because you want to deal with anyone because you think you have power that is transient. Perform your task in line with the law. When you have to investigate, be thorough, when you want to prosecute, do so without being sentimental and without being vindictive. You cannot win all cases because we are all fallible.

The political class can assist the judiciary in the attainment of a just society and the entrenchment of our democracy and democratic institutions. A lot has been said about the poor salaries and allowance of judges. I will ask that the situation must be addressed as quickly as possible. The political parties can address the issues of fake, forged, or falsified documents so as to free our courts from having to decide this matter. I barely proffer a simple solution out of the experience. When I applied to the bench, I could lay my hands on the original certificates of all the educational institutions I attended. What did I do, I went to the University of Ibadan where all my certificates from primary school up to my first degree were retrieved and certified. I did the same at the law school where these documents were also retrieved and certified. I, therefore, see no reason why political parties, cannot on their own check the educational information of their candidates.