22/07/2024
BEING THE SPEECH DELIVERED BY THE CHAIRMAN NIGERIAN BAR ASSOCIATION, IBADAN BRANCH, IBRAHIM OLATOYE LAWAL, AT THE SPECIAL VALEDICTORY COURT SESSION IN HONOUR OF THE DEPARTED ERUDITE JURIST, THE HONOURABLE JUSTICE AYINLA ADEGBOYE GBOLAGUNTE, JUDGE OF OYO STATE HIGH COURT, OYO STATE JUDICIARY, AT THE HIGH COURT NO. 1, HIGH COURT COMPLEX, M.K.O ABIOLA WAY, IBADAN, ON THE 22ND DAY OF JULY, 2024
PROTOCOLS:
My Lord, the Hon. Chief Judge of Oyo State, Honourable Justice I. S. Yerima, My Lord, the president of Customary Court of Appeal, Hon. Justice T. M. Abdul Ganiyu, My Lords Judges of Oyo State High Court and other Jurisdictions serving and retired, My Lords, Judges of Customary Court of Appeal, Oyo State, My Lords (spiritual and temporal), Learned Senior Advocates of Nigeria, the Honourable Attorney General and Commissioner for Justice of Oyo State, the Chief Registrar and Deputy Chief Registrars of High Court and Customary Court of Appeal of Oyo State, Your Worships, Officers and members of the Nigerian Bar Association, wife, children and member of family of My Lord, Honourable Justice A. A. Gbolagunte (deceased), members of the pen profession, distinguished Ladies and Gentlemen.
THE LIFE AND TIMES OF MY LORD, LATE HON. JUSTICE A. A. GBOLAGUNTE
The great Roman philosopher, politician and classical lawyer, CICERO, posited that “the life of the dead is placed in the memory of the living.” This aphorism could not have been more apposite and apt for the solemn ambience which the unfortunate passing of an erudite jurist imposes.
We are gathered today to honour and to reflect on the memory of the rare legacies left behind by My Lord, the late Hon. Justice A. A. Gbolagunte, a scholar on the bench who departed this sinful world while still in active service to the Judiciary, Oyo State and Nigeria as a whole. The State judiciary, already burdened by the hovering incubus engendered by the paucity of judicial officers, suffered yet another unkindest and very cut.
The morbid messenger, Death, came visiting and, in its characteristic insensitive, destructive and unsparing mood, struck at our weakest moment. An eminent jurist, a symbol of respect and humility was snatched from us, rudely, on the 24th day of June, 2024. Asserting that this unfortunate event has occasioned irreparable damage to the psyche of the Oyo State Judiciary and members of the deceased’s family is stating the apparent. With this transition, the amiable jurist will be missed, sorely, by the Bar and the Bench. There can be no adequate recompense for this monumental loss to the family. I must admonish you to brace up for the challenges ahead. You must also take solace in the knowledge that the deceased led an exemplary life. This should mean so much to those who place considerable premium on decency.
Late Honourable Justice A. A. Gbolagunte’s many achievements in life spread from family life to being a committed professional in Journalism, a sea*oned Advocate before his ultimate appointment as a Judge of the Oyo State High Court of Justice on the 4th day of January, 2006. Born on the 10th day of December, 1959 in Abeokuta, Ogun State but a native of Eruwa, in Ibarapa East Local Government of Oyo State to the family of Late Chief Davidson Mokolade Gbolagunte, a former speaker of Oyo State House of Assembly, My Lord, Honourable Justice A.A. Gbolagunte attended the University of Lagos, Lagos State for his first degree in Mass Communication between 1979 and 1982 bagging a B.sc (Hons) Mass Communication in 1982.
For his passion and love for the Legal Profession, My Lord resolved to study Law after his mandatory youth service (NYSC) by attending the University of Ibadan between 1983 – 1986 to study law where he bagged LLB degree and was called to the Nigerian Bar in 1987. My Lord started his career as a teacher in Journalism and Law for eight years having had his NYSC with Imo Newspaper Limited, Imo State. He was also a senior lecturer at the Nigerian Institute of Journalism (NIJ), Ijaiye-Ogba, Lagos State, between 1992-1995 and a part time lecturer at Radio Nigeria Training School, Sogunle, Lagos State.
As a legal practitioner of repute, with a thriving Legal Practice before his elevation to the bench of Oyo State Judiciary, My Lord co-founded the law firm of Gboye Gbolagunte & Co. in Lagos engaging in active private legal practice. On the dot of 10 years in private legal practice, My Lord was appointed a Notary Public of Nigeria.
My Lord, the Late Honourable Justice, Ayinla Adegboye Gbolagunte, alongside My Lords, the Honourable Justices R.B. Akintola, O.M. Olagunju, M.A. Adegbola and M.O. Ishola were all appointed Judges of the High Court of Justice, Oyo Sate on the 4th day of January 2006. The great jurist, My Lord Honourable Justice A. A. Gbolagunte, had worked in virtually all Judicial Divisions of High Court of Justice of Oyo State, including Oyo Judicial Division, Iseyin Judicial Division, Ogbomosho Judicial Division, Ibadan Judicial Division and had also dispensed justice outside Oyo State. The most recent in memory was his national assignment as Panel Member of the Election Petition Tribunal which decided the case of former Osun State Governor, Alhaji Adegboyega Oyetola and the incumbent Governor of the State, Senator Ademola Adeleke, where he represented the Judiciary and the nation, without fear or favour, in the discharge of his judicial function on the Panel. Permit me to state that the sudden death of My Lord on the 24th day of June, 2024, while in active service, was not unconnected with the near-moribund and deplorable state of the judiciary evident in the lack of proper treatment for judicial officers in Nigeria, Oyo State inclusive. I shall return to this unfortunate state of affairs in a moment.
HON. JUSTICE A. A. GBOLAGUNTE AS A LEGAL COLOSSUS AND A JURIST OF REPUTE
I made a reference to CICERO, the Roman statesman, at the opening of this speech, deliberately. I am fascinated with his admonition to the living on the need, not only to honour the memory of the Just, as the introduction seems to suggest, the impact of the interventions of people of quality should compel attention and introspection. My Lords here present, very senior colleagues and fellow practitioners, invited guests, ladies and gentlemen, we must be reminded, constantly, of this moment. Nobody has been lucky enough to escape this fate. All souls shall taste death at the appointed time. A deep reflection on the life and times of the erudite jurist should serve as a consistent nudge to all of us.
The achievements of exceptional characters imbue us with the confidence of the possibility of making our own lives sublime too. My Lord, Justice A. A. Gbolagunte, died as a jurist who exuded good character without being seen to be forcing it, executed acts of benevolence devoid of hypocritical plump, embraced the vision of hard work, as if every day were his last, humbled to the point of embarrassing the beneficiaries of good upbringing and held on, tenaciously, to the belief in the bi-dimensional flow of respect from the Bench to the Bar. My Lord accorded due regard to all and sundry, especially lawyers who appeared before him while at the same time did not take for granted the ethical principles of the Legal Profession to ensure its universal nobility.
My Lord had the skills required of a judge, the delivery expected on the Bench. Evaluation of facts before His Court was top notch clothed with the temperament of a sea*oned Judex, who would never allow emotions or sentiment to becloud his rea*oning/judgement and, thus, descending into the arena of any case that came before his Court. Until the plague of an overworked and overstretched judicial environment caught up with My Lord, resulting in ill health, My Lord sat on the dot of 9:00am and would go through all his list with brilliant delivery on the bench without being too harsh on any lawyer, regardless of the year of call. That is why on this note, I would like to refer to three cases where My Lord made novel pronouncements that further deepened the legal profession. These seminal deliveries still regulate the practice of law till date as far as the ethics of the legal profession is affected.
IN SUIT N0: I/26/2006 RAIMI OLADAPO MEKUNLAYE & 9ORS V. MUYIBI ABOYADE OYAMUYIWA & 3ORS. Reported in 2006-2009 Volume 2, OYSHCJ PAGE 187-195. This case had to do with Chieftaincy, particularly the grievance procedure under the Chiefs Law and the need to exhaust first the remedies precedent to the institution of the suit. My Lord held that where the statute provides the procedure an aggrieved party should take before suing, that procedure has to be complied with and that the procedure laid down by the section 22(1) -(6) of the Chiefs Law, cap 28 volume (1) Laws of Oyo State 2006-the chiefs law of 2000 which repeals that of 1978 provides that representation by an aggrieved person to the prescribed authority’s decision must complain straight to the Governor. My Lord held at pages 194 and 198 of the court’s ruling delivered on the 26th day of May, 2006 as follows:
“It is my view, and I so hold, that the plaintiffs/respondents needed to have made representation first to the 2nd Respondents as prescribed authority, awaited the decision one way or the other of the prescribed authority, if still dissatisfied they may apply to the Governor challenging the decision of the prescribed authority within 21 days. The Governor may confirm or set aside the decision of the prescribed authority after the inquiry. It is only when the aggrieved party is still dissatisfied with the decision of the Governor that he can exercise his right under section 272(1) of the 1999 Constitution of the Federal Republic of Nigeria. In sum total this application succeeds. This suit is accordingly struck out for failure of the Plaintiffs/Respondents to fulfil conditions precedent as provided for by section 22(1) -(6) of the Chiefs Law, Vol.1, Laws of Oyo State.”
By this ruling, My Lord was able to simplify the process an aggrieved person in a minor Chieftaincy matter will follow before he can institute any action in court. My Lord was also able to state clearly that for Section 272(1) of the 1999 Constitution to avail any aggrieved person to sue, he must first comply with section 22(1) -(6) of the chiefs Law.
IN SUIT N0: I/250/2009 BETWEEN MR. GANIYU & 3 0RS (For themselves and on behalf of Abidiroki Family of Ile Oba, Ibadan) V GLOBACOM NIGERIA LIMITED & 20RS.
This case had to do with declaration of title to land situate and lying at Abidiroki/Ayegun Village, along Olojuoro Road, Ibadan. However, issues arose as to whether the 1st and second defendants have a valid statement of defence as the purported statement of defence filed was not signed by a known legal practitioner as required by law. Though there was a name of a legal practitioner on the process, they were signed by unknown person for ADEBAYO M.OJO on the process. It was also stated that the court lacked jurisdiction to entertain the matter because the claimants while suing for themselves and on behalf of Abidiroki family, omitted to put “members of” before “Abidiroki” and as such Abidiroki cannot sue because it is a non-juristic person.
My Lord in resolving the first issue raised by the claimant against the 1st and 2nd Defendants, at page 19 of the judgment, stated, inter alia thus:
“That the Claimants and their Counsel participated fully at the trial thus waiving the right to complain. In my humble view, waiver is a vitiating factor to right to complain. See HAJIA YINUSA BAKARI V. DEACONESS (MRS) FELICIA OGUNDIPE & ANOR (2020) LPELR-49571(SC) (PP.24-29. PARAS A-B.”
On the second issue raised by the defendant against the Claimants, My Lord had this to say:
“with regard to objection of Claimant suing in representative capacity, the case of ALHAJA BARAKAT ALAFIA & ORS V. GBODE VENTURES NIG, LTD & ORS (2016) LPELR-26065(SC) answers this objection in the negative. The Claimants sued in their personal names for themselves first and on behalf of Abidiroki family of Ile Oba, Ojaba Ibadan. The jurisdiction of this Honourable Court is preserved intact and not impinged upon.”
IN SUIT NO: I/102/2008 ENGINEER MUDASHIRU OLAYIWOLA V. MR. YEKINI ADEDOKUN OYADARE (MOGAJI) & 7ORS. Reported in 2008 Volume 1, OYSHCJ PAGE 190 AT PGS 198 – 199, My Lord held that it is unethical for a Legal Practitioner to appear as a Legal Practitioner in a case where he is an interested party or will appear as a witness at the same time and accordingly restrained, our reverred Oluwole Samuel Aina, of blessed memory (popularly known as Wole Aina Esq), who coincidentally was a prominent past chairman of Ibadan Bar, from appearing as a counsel to the Defendant in that suit as an interested person.
For the sake of our young lawyers, Wole Aina Esq,(aka Baba Oba) was the bossom friend of our Oluwarotimi Odunayo Akeredolu Esq, CON,SAN (The Great Aketi himself) who was also a very notable and distinguished chairman of the Ibadan Bar, a courageous Past President of the NBA, the former Governor of Ondo State and the Commander-in- Chief of Amotekun Forces. May the souls of Wole Aina, Aketi, Hon. Justice Golagunte and all our departed compatriots find peace and favour with the Lord. Amen.
My Lord held inter alia at pages 198 and 199 of the Court’s ruling delivered on the 18th day of July, 2008 thus:
“The 20 paragraphed counter affidavit filed does not cure the need for legal practitioner (i.e. Mr. Oluwole Aina) to be circumspect in the conduct of his practice.” The Rules of professional conduct in the legal profession, 2007 (now amended) is intended to place a legal practitioner on a higher pedestal than other professionals and laymen. By Rule 1 of the rules of Professional conduct in the legal profession: -
“A Lawyer shall uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct and shall not engage in any conduct which is unbecoming of legal practitioner”. I need not say more. (Words in bracket mine for emphasis)
My Lord in his usual firm but respectable approach to issues and lawyers that appeared before him strengthened the Legal profession even on the bench by upholding the ethics of the legal profession no matter how little it might look when the Court went further and held thus:
“From the foregoing therefore, Oluwole Aina Esq. is accordingly restrained from appearing further in this matter as his continued appearance will be contrary to rules 1, 20(1) (6) of Rules of professional Conduct in the Legal profession, 2007.
Cost of N1,000:00 (One Thousand Naira Only) in favour of the Applicant against the Respondents.”
What is notable in this ruling is that a Judge can force a Legal Practitioner to maintain ethics of the profession in the dispensation of justice and at the same time also accord the Legal Practitioner due respect which My Lord, the late Honourable Justice A. A. Gbolagunte did in the instant suit. It is, therefore, on this note that I humbly want to call on My Lords and our Learned Magistrates to continue to maintain firmness on the Bench regarding ethics of the legal profession and at the same time to continue to accord members of the Bar with high level of respect for a mutual cordial relationship between the Bar and the bench regardless of how young or old a member of the noble profession may be at the Bar because this is what stands the noble profession out of all other professions the world over. The Court, in the discharge of its duties, is, with due respect, admonished to help in upholding ethics of the legal profession, which continues to experience a downward trend at the moment.
My Lord exemplified and epitomized a career of selfless service to the Bench, whose duties were discharged with unparalleled respect accorded Lawyers regardless of their age at the Bar. I made bold to say that it was not in the style of My Lord, Honourable Justice A. A. Gbolagunte, to, for whatever rea*on, gag a lawyer even as he sat promptly until the reality of the discouraging working conditions with which our Judicial Officers (Magistrates not exempted) are saddled, mellowed the temperament of industry for which he was reputed. My Lord faced serious health challenges as a result of the inclement atmosphere under which judicial officers are forced to work. The consequence of this long and, I dare say, deliberate neglect, is the morbid situation resulting in the harvest of untimely deaths. The unfortunate death of this outstanding Jurist, and many others, dictate the exigencies with which matters affecting their welfare must be tackled.
We must not limit the privilege to be heard to moments such as this mournful gathering. Attending to matters of urgent interest should be treated with utmost immediacy. The NBA, under our leadership will, engage, constantly, members of the Bench, lawyers and government functionaries with a view to ensuring a veritable partnership for optimum serviced delivery.
On this note, I want to make a humble appeal, passionately, to My Lord, the Honourable Chief Judge. My Lords and the Magistrates should, with due respect, always communicate with lawyers, through the Registry, whenever the courts will not be sitting for any rea*on whatsoever. This will enhance the level o0f understanding and cooperation between the Bar and the Bench. A situation which allows practitioners to arrive at the courts from far and near, only to be told, perfunctorily, that the court will not be sitting, should be discouraged. More deplorable is the practice which keeps lawyers in a court without any information as regards the sitting of the court before they are asked to pick dates. Lawyers would wait, endlessly, before a court registrar will saunter in to announce that the court would not sit. We implore the Honourable Chief Judge to work with the Bar to improve on this relationship. The Bar is much ready to cooperate with the Bench to bridge this communication gap whenever the Bar is needed.
It would be unforgivable for me to conclude this tribute without appreciating and commending the Chief Judge of Oyo State, Honourable Justice I.S. Yerima, for the massive infrastructural turn-around and development that are ongoing all over the divisions of the High Courts of Oyo State, including all in our Magisterial Districts. This is novel and very heart-warming. Kudos to my Lord, the Chief Judge because I am aware of the paucity of funds available to Oyo State.
My Lords, as we grief over the sudden demise of a phenomenal Jurist, an astute Judge of repute, an unmatched personality in character and a Judge, who exhibited the ethos of “Omoluabi” in the Yoruba parlance, our departed brother, friend and family member, Honourable Justice A.A. Gbolagunte, I cannot but re- emphasize and reflect on the parlous conditions of service, under which our judicial officers operate. While I use this opportunity given to me to appreciate the Oyo State Government for the physical renovations and developments going on in our courts in Oyo State, under the leadership of My Lord, the Honourable Justice I.S. Yerima, I also want to call upon the authorities concerned to see to the proper funding of the Judiciary which has been neglected for too long. Our Judges are noble men who deserve better treatment from the Government to be able to perform optimally.
A situation which places the onerous task of adjudication on 19 Judges, as against the legally provided 40 Judges, at least in Oyo State, as provided in the law, calls for serious urgent action to avoid further avoidable loss of life. Therefore, I call on Oyo State Government, and all other authorities concerned, to consider the plight of My Lords and entire lawyers by appointing more qualified Judges and Magistrates. They should also consider the issue of adequate funding which creates a conducive work atmosphere and promotes speedy dispensation of justice to all manner of people without fear or favour. There is no gain asserting the obvious that our judicial officers are over-burdened. The Government must act fast to protect those who are still with us to prevent certain calamities.
The remuneration of Judges and Magistrates is so poor and must be addressed adequately. I also use this opportunity to draw the attention of the Governor to the near sorry state of our Ministry of Justice. Tools needed to work in the ministry are not provided. The lawyers in the ministry now use their personal money to prosecute cases on behalf of the State Government.
Aside from being a rare breed as a Judge, My Lord was a professional Journalist who wrote so many journal articles. Members of the pen profession have benefitted, immensely, from his seminal outputs. Losing such a resourceful Judge at this critical moment, when the Bar, the Bench, Oyo State, and the nation at large, need him, makes the loss monumental to us. Members of the Bench, the Bar and Journalists will sorely miss My Lord who distinguished himself in all these careers, using law as a means of social engineering.
CONCLUSION
I, on behalf of the membership of Nigerian Bar Association, Ibadan Branch, conclude by commiserating with the wife of My Lord, children and other members of the immediate and extended family on the loss of our illustrious son, father, uncle and brother. I urge us all to take solace in the will of God Almighty while leaving us with the words of D. Morgan that: “There are special people in our lives who never leave us, even after they are gone.”
We are consoled with the knowledge that My Lord left indelible marks on the sands of time. His deeds are forever etched in the minds of all left behind to mourn his passing.
Adieu, My Lord Honourable Justice Ayinla Adegboye Gbolagunte. May you find everlasting peace with your Maker (Amen)
I thank you all for your time and patience.
Ibrahim Lawal Esq.,
Chairman, NBA, Ibadan Branch.
