Court delays make justice costly, inaccessible — Adekunle, SAN

A partner at Afe Babalola & Co., Mrs Olamide Adekunle, who was sworn in as a Senior Advocate of Nigeria at 40, speaks with Onozure Dania on justice delivery, legal reforms, mentorship and her journey to the Inner Bar Court delays, high legal costs and poor infrastructure continue to undermine justice delivery in Nigeria. Which of these problems is most urgent, and how should it be tackled?

The four problems are not co-equal. Delay is largely the root, and the others are, in substantial measure, its effects or multipliers. Delay drives cost. Every adjournment is billed in professional time and in the litigant’s lost working days. The client also bears the cost of the period over which the matter remains in court. Delay equally corrodes access to justice. A litigant who faces a protracted wait may settle on unfavourable terms or abandon a meritorious claim, so the cost barrier operates through time as much as through fees. The criminal justice system shows the same pattern, with awaiting-trial persons constituting a large proportion of the custodial population. Justice must not be sacrificed on the altar of speed, though I am persuaded that delay is detrimental to the advancement of the judiciary and that there is room for improvement. Election litigation demonstrates this. Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), prescribes strict timelines for election petitions and appeals. An election tribunal must deliver its judgment, in writing, within 180 days of the filing of the petition (section 285(6)), and an appeal from the tribunal must be heard and disposed of within 60 days of the delivery of its judgment (section 285(7)). The same discipline governs pre-election matters: the court of first instance must deliver judgment within 180 days of the filing of the suit (section 285(10)), and any appeal must be heard and disposed of within 60 days of the filing of the appeal (section 285(12)). Courts and parties alike work assiduously to meet these periods. The lesson is that delay in ordinary litigation is substantially a function of incentives and case management, and not purely a question of capacity.

What concrete steps can make legal services affordable and accessible to ordinary Nigerians?

The frameworks for accessible legal services largely exist already. We have the Legal Aid Act, and the rules of most courts provide for substantially reduced costs where parties are indigent. Pro bono service is strongly encouraged by the Bar and is a mandatory feature of the application for the rank of Senior Advocate of Nigeria. What is required is publicity for these existing initiatives. Many citizens are simply unaware that such assistance is available to them.

What key judicial reforms would improve justice delivery, strengthen the rule of law and boost economic development?

First, financial autonomy must be given real effect. The Constitution (Fifth Alteration) (No. 6) Act 2023 provides for funds due to state Houses of Assembly and the judiciary to be paid directly into their respective accounts. The difficulty lies in compliance in practice. Second, court orders must be obeyed promptly and within a strict timeline. Third, the apex court must be decongested. I believe the decision of the Court of Appeal should be final in a wider category of causes. Fourth, specialised commercial divisions should be established in every state, with fixed disposal timelines for contract and debt claims. The enforcement of contracts is the practical test of an investment climate and, by extension, of economic development.

You became the youngest female Senior Advocate of Nigeria at 40. What does this milestone mean to you?

I attained the rank at the age of 40. Yes, I am the youngest female SAN. We can put that into perspective by noting that we have had Senior Counsel who became SAN at 34 years of age. Personally, the attainment of the rank means a reward for my years of sacrifice, hard work and time away from family in the pursuit of legal excellence. It is a call to higher responsibility for me.

What was the toughest part of your journey to the Inner Bar, and what did it teach you about the legal profession?

The hardest part was the long hours, workload and mental tenacity that the journey demanded. It reaffirmed to me that the legal profession is an honourable profession that pays painstaking attention to detail and whose standards would not be compromised. You are either worthy or not, full stop.

As the youngest female SAN in the country, what responsibility do you feel towards younger lawyers, particularly women?

Being the youngest female SAN in the country comes with greater responsibility: working harder and being deliberate about mentoring younger lawyers, especially female lawyers. With the privileges come corresponding obligations.

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What must a young female lawyer do to attain the rank of SAN while balancing career demands with family life?

I would tell her that she has to work twice as hard. Also very important is her environment and the people she spends time with. The impact of those two factors cannot be overemphasised, because you would be the same person that you are now in five years’ time except for the people you have met and the places you have been. My take on networking is that it is really about value. What value do you bring? Also, who are you networking with? You should network with people who have your best interests at heart, who are happy to give you access, advice or help make way for you. In fact, you have to be careful who you network with. Networking with the wrong set of people would definitely derail your career. To manage personal and professional trade-offs, work for a good principal in a good office that makes space for women in all their seasons of life, including maternity and raising young children. The profession is a fast-paced one; you definitely need a work environment that caters to all these seasons.

What inspired you to pursue a career in law?

The inclination was evident in my early years. My parents often lamented that I talked too much, and I was frequently disciplined for fighting on behalf of others at school. My primary school report cards consistently described me as talkative, and my name sat near the top of the class list of noise-makers. In secondary school, I gravitated naturally to the Arts class. My father also regaled us with accounts of the politics of the old Western Region and the part played in it by Chief Rotimi Williams, popularly known as “Timi the Law”. I found those accounts intriguing, and they left a lasting impression.

Which mentors have shaped your career most, and what lessons have you learnt from them?

Our principal, Aare Afe Babalola, has been a guiding light and a standing example to me since I was still an undergraduate. Prince Lateef Fagbemi (SAN) has also influenced me through his advocacy skills and the method with which he approaches his cases. The Managing Partner of Afe Babalola & Co., Kehinde Ogunwumiju (SAN), has also shown me how to carry the rank with grace and excellence. Finally, I recall Pastor R.A. Ogunwole (SAN), in whose chambers I interned as a law student while at the Faculty of Law, Obafemi Awolowo University. It was my first exposure to a law firm.

What legacy do you hope to leave as a Senior Advocate of Nigeria?

The training of younger lawyers is paramount, and I wish to encourage young people, and women in particular, that their goals are within reach and that the limitations we experience are largely those to which we submit. My legacy would be that if, at the end of my career, I am remembered for sound and honest advocacy, for the lawyers I helped to form, and for a genuine contribution to access to justice and the quality of adjudication, I will regard the trust as having been properly discharged to the profession and society.

Five years from now, what would you want to have achieved to show that your elevation to the Inner Bar was more than a personal milestone?

It is to inspire younger lawyers and be actively involved in their mentorship.

When your name was called at the SAN conferment ceremony, what was going through your mind?

I thought that the event was a culmination of both personal and community efforts. I couldn’t have made it without personal resilience and support from my family, firm and friends.