New Telegraph

‘Pupilage inspired my interest in civil litigation’

Oluwakemi Deborah Aderakinyo hails from Ede South Local Government Area of Osun State. Aderakinyo, an alumnus of the Obafemi Awolowo University, Ile-Ife, was called to Bar in 2017. She shares her experience in the legal profession with JOHN CHIKEZIE

 

Background

 

My name is Oluwakemi Deborah Aderakinyo (Nee Ogunsola). I am from Osun State, Ede South Local Government area. I graduated from Obafemi Awolowo University, Ile-Ife where I bagged an LL.B (Bachelor of Laws) degree.

 

After my graduation from OAU, I also attended the Nigerian Law School, Bagauda, Kano and I was called to Bar in 2017.

 

Why Law?

 

Well, my decision of studying law was birthed by two things.

 

My first encounter with one of my uncles, who is a lawyer, during a visit with my Dad, back in secondary school, and my passionate zeal to help those who are oppressed and overly exploited.

 

While the meeting with my Uncle sparked an interest in the profession, my hatred for oppressors and exploiters of defenceless people in our society keeps me continually fired up to stand in their defence and seek redress.

 

Therefore, I hate to see people being exploited or trampled, and so when I see people in such situations without recourse, I have an eagerness to seek redress for them.

 

Specialization

 

My main interest is civil litigation, especially labour and family law. My interest in labour law grew out of my exposure at my workplace during and after my youth service.

 

During my service, I joined a chamber, S.E. King & Co. in Sokoto, and the little experience I had accumulated formed the basis of my knowledge in labour law. After my year of service, I also worked at ABOPE chambers in Ibadan.

 

The law firms really gave me an opportunity to see how to appeal for an employee whose job was unfairly terminated by their employer, and also a mechanism to resolve labour disputes. I also have keen interest in Family Law and this was brought about by issues surrounding divorce, custody of children, maintenance etc.

 

Justice dispensation and corruption

 

I have come to understand that the Nigerian Justice system is slow. As we all know that justice delayed is justice denied. Most of the cases that I have come into contact with both in court and in the offices I have worked in are not resolved in a timely manner.

 

Sometimes those affected would have died before a judgement was passed in their cases which at the end of the day may end in their favour, the fruits of which, however, will be reaped by someone else.

 

This has made litigants loose trust  in the justice system. Consequently, most people prefer to opt for “out of court settlement” when such is being proposed. With respect to corruption, there are some judicial officials who are men and women of integrity and whom I have seen as persons who cannot be influenced by anyone’s status or class.

 

Their major goal is to give justice to whoever deserves it without any bias. On the other hand, there are also some bad eggs, who dance to the tune of status and class to deny justice to deserving citizens. Corruption is a major problem facing the Nigerian society at all levels and sectors and it is saddening that it has really eaten deep into the judiciary.

 

This is based on the fact that it has become normal for judicial officials to request for bribes either expressly or by demeanor, in order to move cases much faster. I remember an encounter I had in court where the registrar insisted on collecting ‘something (cash)’ to issue hearing Notice on behalf of my client.

 

But not until he was threatened to be reported to his seniors that he agreed to issue it without compensation.

 

Even after filing a process, things will be made difficult for assignment of the case unless you drop money, if not, your case file might spend ages in the registry before being assigned to a court. Also, it is no  longer surprising that the tool of justice is being used to aid those who can afford it, in contrast to the principle of fairness, justice and equality.

 

Juvenile justice system

 

My project work in my final year was based on evaluation of the Nigerian Criminal Justice system, particularly, Juvenile Justice system in Nigeria. In the course of the field work, I realized that juveniles are being kept in adult prison and less attention is being paid to it.

 

This idea of child incarceration is highly rampant under our criminal Justice system and no attention is being paid to its consequence both on the child and the society at large. In some jurisdiction, once these children and young offenders are convicted, everything about their growth and development stops and to make it worse, they are being kept in the same facilities with the adult convicts.

 

Equally, keeping of young offenders in prison is traceable to lack of facilities and infrastructures as well as poor juvenile Justice system in Nigeria.

 

As we all know, young offenders are expected to be kept in remand homes, approved schools or borstal institutions and the government is expected to see to their welfare, growth and development while they are being kept in such places. This practice, if not checked and reformed is capable of exposing the society and the young offenders to dire consequences.

 

To mention but a few, such consequences and effect are as follows: To become criminally minded after being kept in such facilities. It is notable that the essence of the criminal Justice system is to achieve deterrence in the offenders. But keeping these juvenile offenders in the same facilities with adult prisoners exposes them to more vices rather than virtues.

 

They tend to pick traits from these adult prisoners who has a longer term to serve in prison and upon being released, they become a threat to the society.

 

Secondly, high risk exposure to infections, diseases and poor sanitation which could become a major ailment upon being released.

 

Thirdly, the tendency of being sexually exploited or abused by adult prisoners who are sex offenders or paedophiles.

 

However, I believe it is high time the government rise to its responsibility of providing a solid and well-structured juvenile Justice system under the Nigeria criminal Justice system in order to cater for the wel fare, growth and development of these young offenders.

Awareness can be created for families on the need for proper upbringing and care of their wards to prevent their children from being delinquents and prone to crimes. School symposia can be held by governmental institutions to lecture these younger ones on crimes, delinquent behaviours and the consequences it attracts.

 

JUSUN strike

 

I am totally in support of autonomy and independence of the judiciary. I remember that a judge answered a question during a conference about how influential the government (the states) can be in the performance of their functions and said: “It is impossible for you to bite the hands that feed you”.

 

I believed that the autonomy and independence of the judiciary will prevent unnecessary influences being done by other arms of the government. It will give the judiciary the confidence to act within the confines of the rules and statutes established, without any threat or intimidation.

 

Also, it will give the judiciary the mean to funds its machinery without intimidation once the deductions have been made directly by the Federal Government and paid directly to the Head of Courts. It will also reduce corruption as most of these judicial officials suffer a great ordeal before their salaries and entitlements are paid by the state governments. It will equally promote accountability, financial independence and decisional independence (ability of judges to make decision based on facts and law without interference ).

 

Also, although the strike action by the Judiciary Staff Union of Nigeria (JUSUN) is for a just cause, its effect on litigation, litigants and lawyers is widely felt. The strike had really put things on hold as cases which were almost at the verge of completion have been forced to stop due to the strike.

 

Also, so many people are currently being detained by the police and this had led to great exploitation of these detainees, since there are no courts to grant bail.

 

Also, it is financially telling on young lawyers (even seniors inclusive) who are majorly into litigation. I believe that if the aim of the strike action is well achieved, it will be helpful for the judiciary, NBA and litigants, at large. But the more the delay in calling off the strike, the more litigation, adjudication and justice is been delaye

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