Encomia as Oludotun Adefope-Okojie, JCA Bows Out at 70

Her looks, graceful carriage and agility, belie the fact that she is 70 years old. Honourable Justice Oludotun Adebola Adefope-Okojie, JCA retired from the Bench on May 17, 2023, amidst a colourful Valedictory Court Session which was held in her honour on May 16 at the Lagos Division of the Court of Appeal. Her Lordship who has been described as“a sterling example of a jurist in the finest traditions of the Bench”, is known for her brilliance, diligence, forthrightness and being courteous. Onikepo Braithwaite and Jude Igbanoi who attended the ceremony, report

Her 27 years on the Bench were marked with hard work, sagacity and unquestionable judicial pronouncements, from the Lagos State High Court to the Court of Appeal. She further capped this with an authoritative, well received book ‘Civil Litigation: A Quick Reference Guide to Substantive Law and Procedures’ Now in its 2nd Edition, the insightful book is an eloquent testimony to her industry and energy as a judicial officer.  

At her valedictory court session, she said in her speech ‘A country seeking foreign investment must get its court system functional, accelerated and receptive to the needs of the people, local and international’.

Adefope-Okojie also pointed out that the state of justice delivery in Nigeria has so degenerated, that an urgent solution is desperately needed.

Her Lordship said it is unacceptable that a case averagely takes more than five years to conclude at trial, more than three years at the Court of Appeal, and an average of about 12 years at the Supreme Court. 

Addressing a full courtroom of Justices, Judges, Lawyers  family members and well wishers, Justice Adefope-Okojie observed that no country or business wants to invest in a country where judicial disputes take forever to conclude. 

Nigerian Government Displaying ‘Executive Lawlessness’ in Nnamdi Kanu’s  Case

Hon. Justice Adefope-Okojie had said the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, was discharged from the treasonable felony charges preferred against him by the Nigerian Government, because no authority must be allowed to go against its own domestic laws and international laws.

The Court of Appeal, Abuja Division had in October 2022 discharged Nnamdi Kanu from the treasonable felony charges preferred against him by the President Muhammadu Buhari-led  Government. Justice Adefope-Okojie who was one of the three-member Panel of Justices of the Appeal Court that discharged Kanu, pointed out that no country or business wanted to invest in a country where judicial disputes took forever to conclude. 

She affirmed that the courts must never shy away from calling the Executive to order, when they resort to acts of executive lawlessness.

She said; “The Judiciary is the last hope of this country, and must not allow itself to be influenced by any consideration other than to do justice in all matters. It must live up to its duty to protect the people, and to deliver justice to the deserving. In doing this, it must be insulated from politics, and must, where necessary, be bold enough to call the executive to order.

“I restate an injunction I expressed in the judgement in the case of Nnamdi Kanu v Federal Republic of Nigeria in Appeal No CA/ABJ/CR/625/2022 delivered on 13th October 2022, in which I was privileged to write the leading judgement that:

“The courts must never shy away from calling the Executive to order, when they resort to acts of “executive lawlessness. The duty of the courts is to maintain a balance between ensuring that law and order is obeyed, and the protection of the individual from oppressive actions by the executive.

“I stand by this position. No authority must be allowed to go against its own domestic laws and international laws, to perpetrate any act against its citizens.” 

In her valedictory speech, Justice Oludotun Adebola Adefope-Okojie spoke about her passion, which has always been to right injustice, and correct as much as possible the ills of society, as well as protect the individual against oppression. 

She made some viable suggestions on how to make the Judiciary vibrant, and to remain the last hope of the common man:

1. As most international companies, including domestic ones, have arbitration clauses in their contracts, to avoid the legal system and determine disputes expeditiously, the courts must encourage arbitration,  rather than consider it a challenge to their authority.

2. All courts, including Magistrate Courts must be fully automated, with functional Court Recording Machines, to allow for speedy justice delivery. 

3. Trial Court Judges who have less than two years to retire, must not be assigned new cases. They should finish all the cases on their docket, rather than leave cases part- heard, to be commenced de novo.

4. Any case that is not concluded before the retirement,  death or elevation of the Trial Judge must not be made to start de novo, except if the witness did not conclude evidence and cross-examined.

5. As a matter of urgency, cases that go to the Appellate Courts must be severely curtailed. Almost every case goes to the Appeal Court and the Supreme Court. 

According to her, “It is not acceptable that election matters which constitute only about 10% of the total cases filed, should consume almost the entire time and energy of the Judiciary, leaving other cases stultified because of the inordinate pre-occupation with election cases, to the detriment of other matters in the courts which are of more importance”.

Speaking during the Valedictory Court Session, the President of the Court of Appeal, Hon. Justice Monica Dongban-Mensem described the celebrant as a hardworking, fair minded and courteous jurist, with outstanding contributions to the legal system.

Dongban-Mensem, who spoke through the Presiding Justice, Lagos Division, Hon. Justice Bada, on behalf of her learned Brothers wished Hon. Justice Adefope-Okojie the very best in the next phase of life, for, according to her, “every finish line is the beginning of a new race”.

There were goodwill messages from the Governor of Ogun State (who was present at the event), Nigerian Bar Association Lagos Branch, Attorney-General of Ogun State and the Body of Senior Advocates of Nigeria.

According to the Chairman, NBA Lagos, Ikechukwu Uwanna, Hon. Justice Adefope-Okojie has always been a star in the legal community, focused on diligence while creating a room that accommodated young aspiring Advocates with strict adherence to the rule of law.

Speaking in the same vein, the Governor of Ogun State, Prince Dapo Abiodun MFR, who thanked the celebrant for being a good ambassador of the Gateway State, however, noted that regardless of her busy schedule, she found time to leave good legacies in the sands of time.  

In his message, the Ogun State Attorney-General and Commissioner for Justice Oluwasina Ogungbade, SAN, observed that “endings are inevitable, but our legacies are not. It is the effort, quality, diligence, and integrity that we demonstrate, that will determine our legacies. I am pleased to say that Hon. Justice Oludotun Adebola Adefope-Okojie has a positive, impactful, and honourable legacy”.

In his view, Judicial officers have too much to give the profession, even in retirement, adding that the current Constitution of the profession shuts out retired jurists from contributing to legal practice, suggesting that jurists should be permitted to re-enter practice to improve the quality of practice. So that former judicial officers would be able to assist other counsel, to present cases the way that the Bench expects and appreciates.

What Some Lawyers Had to Say

Former A-G Ogun State, Wemimo Ogunde. SAN

‘I was privileged to appear before Hon, Justice Adefope-Okojie in at least five civil cases when she was a High Court Judge, one of which was assigned to her when she was only about a year old on the Bench. 

Even in her judicial ‘infancy’, she was punctual, courteous, diligent, and mature. Her court was arranged in such a way that both senior and junior Lawyers had their day. And, of course, not even a rumour of any wrongdoing.’

George M. Oguntade, SAN

‘My Lord is without doubt, one of the finest Judges that this country has produced. As a High Court Judge in Lagos State, I had the pleasure of appearing regularly before her between 1996 – 2014. She was the epitome of  the ideal Judge. Forthright, candid, courteous, diligent, pragmatic and above all, very knowledgeable in the law. Serious litigation Lawyers were happy to appear before her, knowing that not only would their cases be heard expeditiously, but also that justice would be done. She abhorred technical justice, in its ramifications. She was my favourite Judge back then, and I told her so whenever the opportunity arose. 

On the Appellate Bench, from one Division to another, the brilliance continued, as she shone like the star that she is. Her October 2022 Lead Judgement pronouncing on the illegality of the extradition Nnamdi Kanu from Kenya to Nigeria and dismissing the terrorism charges against him, was a demonstration of courage and a prodigious knowledge of the law. 

Her retirement, despite still being in great physical and mental condition, is a clear and eloquent testament for the urgent need to revisit the constitutional provision on the retirement age for Appellate Judges. Her retirement is indubitably a big loss to the Judiciary, and to Nigeria as a whole. 

I wish My Lord a happy and well deserved retirement, and hope that she will be called upon by the Federal Government to serve in other capacities where her experience and knowledge can be usefully deployed. 

I wish my Lord a happy and pleasant retirement in good health. She has earned it.’

Dr Muiz Banire, SAN

‘My Lord, the Honourable Justice Oludotun Adebola Adefope-Okojie, Justice of the Court of Appeal, has completed the cycle of a judicial officer and it is time to retire. What celebration can be greater for an impeccable officer of the Bench who rose from Pupil State Counsel in the Ministry of Justice, Jos, Plateau State to the High Court Bench of Lagos State up to the Court of Appeal, and retiring without a blemish.

My Lord The Honourable Justice Oludotun Adebola Adefope-Okojie, Justice of the Court of Appeal, has completed the cycle of a judicial officer and it is time to retire. What celebration can be greater for an impeccable officer of the Bench who rose from Pupil State Counsel in the Ministry of Justice, Jos, Plateau State to the High Court Bench of Lagos State retiring without a blemish.

My encounter with His Lordship is one blessed with good memories, either in the courtroom or on the pages of law reports. The account of this sparkling judicial officer is complete with a greater service to humanity at the appellate bench, where His Lordship was able to make fundamental contributions to the development of the Nigerian jurisprudence and righting the wrongs of man to man. His Lordship’s decisions, as reported, are classical examples of justice based on merit and substance, and not mere obeisance to knotty technicalities. Doing justice according to law pervades the pronouncements of Justice Adefope-Okojie, for which many legal practitioners refer to her as a doyen of the Bench. Guidance received by many a counsel in the appropriate manner of conducting legal proceedings, was aimed at ensuring justice being done and not sacrificed to the sloppy errors of counsel. A disciplinarian, despite being motherly, His Lordship has made an indelible footprint for which we all remain eternally grateful. May His Lordship’s type, increase on the Nigerian Bench.’

Mrs Boma Alabi, SAN

‘Hon. Justice Adefope-Okojie, is a sterling example of a jurist in the finest traditions of the Bench. Erudite,  cerebral, versed in law and procedure. We will certainly miss her Ladyship. 

Her Ladyship took a surgical knife, to accurately and concisely dissect the judicial system and the reasons for the perennial delays. I sincerely hope that the solutions proffered will be swiftly adopted for the benefit of the Country, and the poor litigants caught up in this broken system.’

NBA Lagos Chairman, I.K. Nwana

‘The Bench is losing a brilliant, honest, and forthright Judge. My Lord’s Judgements and Publications are a testament to the courage and industry a judicial officer should be known for, and we celebrate her indelible footprints in the sands of our legal jurisprudence.