NEW LEGAL YEAR AND URGENT REFORMS FOR OYO STATE JUDICIARY

BY MUTALUBI OJO ADEBAYO

2022/2023 LEGAL YEAR SERVICE IN OYO STATE – MATTERS ARISING

The celebration of the new legal year in Oyo State calls for a sober reflection in respect of some areas which require immediate and urgent attention.

A special court session is usually held after the mosque and the church services in some jurisdictions to mark the new legal year. The special court sessions are always used to review the outgone year and also to set agenda for the new legal year.

In Ogun State, keynote speaker or guest speakers are also invited during new legal year service week to discuss topical issues of law.

The leadership of the Ibadan Bar should please seek audience with the Bench to bring on board those great innovations. Setting aside 2 days for such programmes is not too much as same would add great colour to our perennial merry making and funfare we are noted for during our new legal year services.

Also, the leadership of the Bar should insist that the established convention and tradition of introducing our newly appointed Judges to the Bar must be respected by the Judiciary. Till date, the set of Judges that were from My Lords, Hon. Justices Adeeyo and Lajide are yet to be so introduced to the Bar. Ditto for all other Judges that were appointed after them into the High Court and the Customary Court of Appeal. All these omission are , to say the least , not commendable at all.

Also, the issue of the amendments to the Oyo State High Court Civil Procedure Rules, 2010 has been unduly protracted when one considers that we have not made any amendment to our Rules of court since it was enacted in 2010.

The amendment is not a rocket science and one keeps on wondering why the amendment procedure has been going on ad infinitum.

Some states have amended their rules several times since it was enacted. We can copy and paste the salutary amendments from other jurisdictions.

The best thing would have been for our Chief Judge to introduce to us an amended rules at today’s legal year services.

Since the able Committee saddled with that responsibility is yet to complete its assignment, it won’t augur well for the Bar and the Bench if my Lord, the Chief Judge of Oyo State fails , refuses and or neglect to hold all stakeholders interactive session or workshop to have a robust discussion on the draft of the proposed amendment to the rules before same is assented to by My Lord, the Chief Judge.

Furthermore, my Lord the Chief Judge should not make the same mistake made by a former Chief Judge who sent the Rules to the legislature for enactment because the Rules is my Lord’s Rules and not laws for enactment by the parliament. It is only the amendments to the High Court Law of Oyo State that the parliament can so enact and not the rules of court.

Finally, I am aware that Oyo State Government in 2013 or thereabout awarded the contract for the holistic and comprehensive revision of the Laws of Oyo State to the law firm of Muheez Banire & Associates.

“The publication and presentation of the revised Laws of Oyo State is long overdue in that the last time a review (only on monetary , currency denominations and other sundry matters) was done was in the year 2000 ( about 22 years ago).”

All hands must therefore be on deck to bring this law revision to a close as well. All our neighbouring states have done such a comprehensive revision and review of their laws.

Oyo State Government should also set up an efficient and effective Law Reforms Committee or even a Commission under the office of the Honourable Attorney-General of the State.

Very worthy of commendation is the contract awarded by the Oyo State Government for the rehabilitation and renovation of the decaying facilities and infrastructure at the High Court of Justice premises at Ring Road, Ibadan and Iyaganku. This laudable project or contract would greatly enhance the administration of justice in our state.

However, since Government is a continuity, the state government would have saved the state and the judiciary enormous sum of money if the extent and scope of the jobs to be done in the contract as already captured and mapped out by the Consultants engaged by the state government in 2014, Messrs Remi Osiberu & Associates were factored into this new contract. The said Consultant had already prepared the drawings and bills of quantities of the comprehensive rehabilitation for the Ring Road and Iyaganku premises which would have left the new Contractor to do just a revision of the said Bill of Quantity . It is not too late for the state government to liaise with Messrs Remi Osiberu & Associates over this to reduce cost and also for quality control.

I must not conclude this piece without congratulating the Ibadan Bar , all other Bar Associations in Oyo State – Oyo, Ogbomoso and Saki, the judiciary of Oyo State and indeed the Governor and the Government of Oyo State over the historic appointment of our own Honourable Justice Olukayode Ariwoola, GCON as the Chief Justice of the Federal Republic of Nigeria by President Muhammadu Buhari.

My Lord, the newly minted Chief Justice is a worthy and proud Ambassador of Oyo State Bar, Oyo State judiciary and Oyo State Government.

It is my fervent prayer that the good Lord shall make the tenure of the new CJN a new dawn of glorious era , unprecedented positive growth and developments for the judiciary, the legal profession in Nigeria and the entire mankind.

May the good Lord also endow My Lord, the CJN with the needed knowledge, wisdom, the best of health and abiding grace of God to discharge creditably and justly the enormous responsibilities of that exalted office, Amen.

Happy New Legal Year 2022/2023.

Dated this 17th day of October, 2002

JCI Senator Mutalubi Ojo Adebayo,
Asiwaju of Ita-Ege & Idi-Aro,
Ward 5,
Ibadan South-East Local Government Area,
Oyo State,
Nigeria.

* MUTALUBI OJO ADEBAYO is a Senior Advocate of Nigeria-designate and former Oyo State Attorney-General & Commissioner for Justice. He can be reached at debayoojo90@gmail.com

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OYO STATE AND DELAY IN APPOINTMENT OF JUDGES

The appointment of judges has been a thorny issue in recent times. In this article by MR. IBRAHIM LAWAL, he asserts that the Oyo State Judicial Service Commission has shown tardiness in the appointment of judges, arguing that this has occasioned hardship for lawyers and justice delivery in the state

APPOINTMENT OF NEW JUDGES IN OYO STATE: NEED TO BE PROACTIVE.

There is no denying the fact that Oyo State Judiciary does not have full complement of Judges to man her various courts spread across the state. The shortage in the number of Judges had negative impact on the turnout of numbers of cases heard and decided in a given year.

Despite the shortage, many of our Judges are retiring this year and next year, thereby compounding the problems being faced by lawyers and litigants alike. I know of a judge who is due for retirement in the next couple of months and thereby decided not to open new cases.

The process of appointment of new Judges should commence before the due date for those retiring. Admirably, the Supreme Court is already out with a notice of appointment of new Supreme Court Justices to fill the vacancies of not only those that had retired or dead but also those who are going to retire in some months to come.

In Oyo State, the process of appointment of new Judges started with the submission of application by those interested since last August. It has been motion without movement since then. Ekiti State started their own process after that of Oyo State and those Judges have been sworn in by the Governor.

Recall that it was this tardiness in the appointment of Judges that led to several deaths of some of our finest hands before the last crop of Judges were appointed. I thought that coming from such horrible experience, Oyo State should have learnt her lessons and handle the issues of Judges appointment with utmost dispatch.

The Judicial Service Commission should be alive to its responsibility by ensuring that the process is fast tracked and ensure that we have enough Judges to man our courts. The JSC should as a matter of duty cooperate with the Chief Judge to ensure the process is done without a hitch.

We cannot continue to say the same thing all the time. This is the time for every stakeholder in the Justice administration to wake up and do the needful.

  • Ibrahim Lawal is the Head of Chamber, Olujinmi & Akeredolu of the Law Hub 9 Ring Road, opposite Iyaganku GRA Roundabout, Ibadan.

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SAN AWARDS: ‘PROF. TORIOLA OYEWO IS A CEREBRAL LAWYER,’ SAYS EX A-G

In this moving tribute, former Oyo State Attorney-General & Commissioner for Justice, Mr. Mutalubi Ojo Adebayo goes down memory lane and submits that the coveted rank of Senior Advocate of Nigeria (SAN) could not have been bestowed on a more endearing and deserving person than 91-year-old Professor (Chief) Toriola Ajagbe Oyewo 

In my early years at the Bar, precisely in 1995, I was doing my pupillage in the commercial law firm of Dele Akinmusuti & Co, then situated at 23, Mogaji Are Street, Off Ring Road , Ibadan, Oyo State of Nigeria.

A notable client of the law firm referred a brief to me and I was paid a very handsome professional fee which was then the equivalent of my 7 (seven) months salary . I put in my very best into the drafting of the certorari process that I filed before the High Court of Justice, Ibadan.

The person who referred the case and the client to me is a very wealthy client who had confided in me that the client was a very dear side-kick of his and that I must do all within my capacity to render useless and ineffectual the kangaroo customary court judgement obtained by her landlord to eject her from a coded property he got for the pretty damsel at Iyaganku GRA in Ibadan. The case financier also warned me that my Principal who is his friend must not know about the relationship between him and the beautiful client. That I so much understood because Mr. Dele Akinmusuti is a born-again Christian who will not tolerate such unholy escapade.

Faithfully, I kept that secret pact because the brief was very fat.

Professor Toriola Oyewo represented the party interested/respondent, the landlord in the case which was assigned to Hon. Justice John Olagoke Ige, of blessed memory. My Lord Ige was one of the finest Judges that had presided on the very rich and resourceful judiciary of Oyo State which bench is unarguably the best in the whole federation till date.

After we were granted leave to quash the judgement of the inferior court and the order of court together with the motion on notice was served on the landlord, the services of Professor Oyewo was retained to represent my Client’s adversary .

We were served with a counter-affidavit and we promptly responded by way of further affidavit.

On the 14th day that the matter was to be heard, Professor Oyewo applied to withdraw his counter-affidavit and same was struck out without any opposition by me. The court asked me to move my certiorari application , which I did and I also addressed the court extensively by citing several decided authorities in support of client’s case. That period was good years of oral advocacy because the present front-loading system of written addresses were not in use then.

“Besides being a cerebral and brilliant legal practitioner, he is an erudite teacher and a repository of political history, economics, localities, events and people. Professor Oyewo is also a first class Socialite who, till today, enjoys life to the fullest. The grace of God in his life is manifest in his good look and his good health. At 91 years of age, he still drives himself around till date. His memory of cases, history and anything under the sun is superb and second to none.”

When it got to the turn of Professor Oyewo, the learned Senior counsel informed the court, expectedly, that he was replying on points of law only. He attacked my case from the angle that the judgement of the inferior court could not be quashed by the high court on the ground of lack of jurisdiction upon which our case was not apparent on the face of the record of the customary court. The erudite Professor submitted further that the court could not take judicial notice that Iyaganku GRA is within the 10km radius of Mapo in the absence of expert evidence to that effect and that it is not a matter of assumption or conjecture by the court.

Mapo in Ibadan is accepted to be the centre of Ibadan and any property within its 10 kilometres radius is held to be within the urban area of Ibadan. Prof. Oyewo asked the Judge rhetorically if the court would allow me to turn My Lord into a land surveyor overnight. Furthermore, that I did not exhibit my Client’s rent receipt for the court to be satisfied and convinced that the rental value of the property was outside the jurisdiction of the customary court.
The court adjourned the matter for ruling after the addresses of both of us had been taken.

In a well considered ruling delivered by the court, my certiorari application was dismissed as the court agreed entirely with Professor Oyewo. I became devastated the following day when my client and her financier came to meet me in the chambers that the lady had been ejected from the premises by the Bailiffs of the Oke-Are Grade C Customary Court, thus bringing to an abrupt end my fat retainership.

I took the aftermath of the case too personal because I refused to greet or acknowledge the greetings of the eminent Senior counsel whenever we met at any of the numerous clubs that he also frequented. I was always, politely, turning down Prof’s offer, politely though, to pay for my meals and or drinks whenever we met. He was fond of telling me jokingly that my behaviour was strange to both the traditions at the Bar and Ibadanland, yet I didn’t yield my ground due to my youthful exuberance at that time.

There was a thaw in our relationship in 2001 when some colleagues and myself met the learned Professor at a popular restaurant in Basorun, Ibadan. My friends had accompanied me there to woo a lady who had became a nut too hard to crack for me. The lady snubbed us that evening and insulted us to the hearing of Chief. I was more than surprised when Prof beckoned to the lady to come over and told her that she cannot get a better suitor anywhere in Nigeria than this promising and brilliant colleague of his (he referred to me as his colleague). As if we were all dreaming, the lady melted immediately and agreed to follow us to a night club that day. Lo and behold, she did. What followed thereafter is best left for my readers’ imagination.

That singular act endeared me to Professor Oyewo and we became very close thereafter to the extent that he gave me complimentary copies of the numerous books that he wrote and he still does that till date.

Besides being a cerebral and brilliant legal practitioner, he is an erudite teacher and a repository of political history , economics, localities, events and people . Professor Oyewo is also a first class Socialite who, till today, enjoys life to the fullest. The grace of God in his life is manifest in his good look and his good health. At 91 years of age, he still drives himself arround till date. His memory of cases, history and anything under the sun is superb and second to none.

My joy knew no bound when I was asked by Senator Abiola Ajimobi of blessed memory, the former Governor of Oyo to represent him and the state at Prof’s 80th birthday on which occasion that I narrated the story of the case highlighted above for the first time. The learned Professor, his bosom friend, High Chief Akinnola (now of blessed memory), the Lisa of Ondo Kingdom and all the guests at the event rolled in laughter on hearing the account.

Professor has since become a father-figure to me, a mentor, a role model and a great teacher. Chief M.K. Amusan-Awolesu, a big brother to me and one of the bosom friends of Senator Abiola Ajimobi later informed me that Professor Oyewo had been his mentor since his childhood and that no week will pass without Prof personally checking on him and his family till date.

The news of Professor Toriola Oyewo being one of the recipients of the coveted rank of Senior Advocate of Nigeria at advanced age of 91 along with my Partner, Kazeem Adekunle Gbadamosi Esq. who, perhaps, was a toddler when Prof was called to the Nigeria Bar, did not come as a surprise to me because Ebenezer Obey had long predicted in one of his evergreen musical albums in the 1970s, https://youtu.be/GOUOJeL4VGI where he sang of Chief that “Eye adaba wa gbe ire wa ko wa o”.

The award to Papa at 91 is the Privileges Committee of giving Prof his due , meritorious and well-deserved honour (ire and eye) in his ripe old age while still alive.

May the good Lord continue to preserve a legal encyclopedia, a quintessential gentleman and a Teacher of Teachers, Professor Toriola Ajagbe Oyewo of the Erunmu fame and a devoted Seventh Day Adventist for us all for many more purposeful years.

Even at 91 years, it is still appropriate for me to greet you Good morning, Professor Toriola Ajagbe Oyewo, SAN-Designate.

Dated this 22nd October, 2021

Mutalubi Ojo Adebayo Esq.
Asiwaju of Ita-Ege & Idi-Aro, Ibadan,
Hon. Attorney-General and Commissioner for Justice, Oyo State of Nigeria 2011 -2015

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

VACANCIES: OYO STATE JUSTICE MINISTRY NOW HIRING

The Oyo State Government is set to recruit personnel for her two ministries. Details of the recruitment exercise as obtained by CITY LAWYER are below:

OYO STATE CIVIL SERVICE COMMISSION VACANCIES

Applications are invited from suitably qualified candidates for appointment into various ministries as indicated below

STAFF VACANCIES IN THE MINISTRY OF JUSTICE
STAFF VACANCY IN THE MINISTRY OF EDUCATION, SCIENCE & TECHNOLOGY

Applications are invited from suitably qualified candidates for appointment into the post of Education officer in the Ministry of Education, Science and Technology, Oyo State.

Requirements and qualifications
Post: Education Officer, GL. 08

Qualifications:
1. A degree in Education or in any other relevant subject from a recognised University.
2. A degree in a relevant subject plus a post-graduate certificate in Education
* English Language
* Mathematics
* Yoruba Language
* Social Studies
* Basic science
* French
* Business studies
* Agricultural Science
* Physical Health Education
* Christian/ Islamic Religion Study
* Basic Technology
* Home Economics
* History
* Civil Education
* Security Education
* Literature in English
* Further Mathematics
* Physics
* Chemistry
* Animal Husbandry
* Economics
* Government
* Geography
* Technical Drawing
* Biology
* Data Processing
* Commerce
* Fine Art
* Creative and Cultural Art
* Food/Nutrition
* Book-Keeping & Accounts
* Catering & Craft Practice
* ICT/Computer science
* Guidance and Counselling
Conditions of Service

Each of the posts is pensionable and in case of new entrants into Public service, their appointment will be on probation for a period of two (2) years. Other conditions of service will be as prescribed, for the time being, for officers of equivalent grades in the Civil Service of Oyo State of Nigeria.

Meanwhile, it is to be noted that the Oyo State Civil Service Commission reserves the right for final selection as deemed fit.

Method of Application

Interested candidates should visit the Oyo State Government website jobportal.oyostate.gov.ng to complete the application forms and submit same as appropriate.

Closing: Application and submission will close on Friday, 10th July, 2020.