In this interview with ADISA-JAJI AZEEZ, Kwara-based lawyer, Barr. Taofeek Olateju speaks on his background, career, politics in Kwara State and Judicial autonomy, among other issues. Excerpt:
Can we meet you, sir?
I was born on the 7th June 1986 in Ilorin the Kwara State capital to the famous family of Magaji Abudu-Lateju of Ilorin. Precisely, to the nuclear family of Alhaji Shuaib Yusuf Olateju, a philanthropist, practicing Muslim and retired civil servant. I attended St. Joseph’s Nursery and Primary School in Ilorin from 1989 to 1996. I also attended the famous Government Secondary School, Ilorin from 1996 to 2002. I later attended the Kwara State College of Arabic and Islamic Legal Studies from 2002 to 2004.
In 2006, I was admitted to read Common and Islamic law at the University of Ilorin and I graduated in 2012. Prior to that, in 2005, I was admitted to the same University to read linguistics which I later abandon to pursue my law career.
I attended Nigerian Law School, Abuja for my one-year compulsory vocational studies to qualify and practice as a solicitor and advocate of the Supreme Court. I am a golden jubilee set of the Nigerian Law School and I was called to the prestigious Nigerian bar in 2013.
I was posted to the law firm of Aare Afe Babalola, SAN (Abuja office) for my one-year National Youth Service Corps. I later joined the law firm of Yusuf O. Ali & Co. (Ghalib Chambers) in 2016 where I have been in active law practice to date.
I am happily married to Mrs. Musa Bolanle Memunat and bless with children. I love reading, writing, traveling, and meeting new people.
What’s your toughest experience/case as a lawyer?
I have been following my senior colleagues to various Courts in Nigeria ranging from the Apex Court, that is supreme Court, Court of Appeal of several Division, Federal High Court of different State, Magistrate Court, Area Court Shariah Court of Appeal, Customary Court of Appeal, because in our office basically, we deal with litigation, we are well-known office in Nigeria as a foremost when it comes to issues of Election Petition Tribunal so by that I have the opportunity to practice in every Court in Nigeria.
Having said that, there were a lot of cases that I have attended to with my senior but one that I think was tough was the case of Kwara Chemical VS Unity Bank. In that case, we represented the second Defendant. Prior to our briefing to represent the second defendant which is the Bank of Industry – the third defendant is the Central Bank of Nigeria – the case has been ongoing for several years but the second defendant was not represented legally. In that case, our office was briefed and we approach the Court to take a look at the record, the record was somehow rigorous I have this very first task to request for all the processes that were served on our client, and the same was given to us. I prepared the statement of defence, and I prepared a preliminary objection because I believe as at the time, our client was able to be served with the writ that originates that case, that writ has expired.
But as a clever Lawyer, I didn’t want to be caught unaware because the judge may agree with our preliminary objection or he may disagree with it – that was why I filed our Statement of defense.
Our first appearance, the matter was for our Preliminary objection, but unfortunately, the Court could not sit because of one reason or the other.
In the long run, the Judge went for vacation and a date was later agreed on by all of us, I mean all the counsels in the matter. The matter was for the hearing of the Preliminary Objection, the said Preliminary Objection was Counter by the Claimant saying that the writ that was served on us has not expired.
We argued it and to God be the Glory, the Court agreed with our position that the writ ought to have been renewed, but it was not before it was served on us, and be that as it may, the Court does not have the prerequisite jurisdiction to hear and determine the case against we the second defendant that is Bank of Industry.
Consequently, upon that, the second defendant’s name was struck out of the case because there was no competent writ to hold us down.
This is one of the toughest cases I have personally handled because I prepare all the processes in that case after studying the file.
How will you rate the performance of the current administration in Kwara State?
I am not a politician and I don’t want to dabble in politics. But be that as it may, the Primary duty of a lawyer is to uphold the rule of law. Looking at that, the rule of law vis-a-vis the issue of Kwara State, one would agree with me that they still have to do more in the area of seeing into welfarism and the betterment of entire Kwarans, irrespective of their political affiliation.
Secondly, the state is presently claiming that the past administration did little or nothing to salvage the interest of the downtrodden Kwarans. Now, much is expected from this administration.
After two years of AbdulRahman AbdulRasaq’s led public trust administration, Kwara still appears to be in decline. This is further worsened by various political tussles and fights which have led to several litigations in different courts in Nigeria. The impacts caused by the coronavirus pandemic and a sense of undelivered political promises can never and will never be over-emphasized. It’s important to note that frustration and discontent are fast spread among the populace who has already been negatively impacted by the previous administrations in the state. However, the government is quick to showcase its achievements on infrastructure, especially in the areas of road repairs schools, hospitals, and courts refurbishment, while promising to still do more.
It’s also noteworthy that the pandemic should be blamed for the sudden economic downturn, which has caused untold hardships to the people. I think a majority of Kwarans are now in doubt with respect to the sincerity of this present administration and might have lost confidence in the government they overwhelming voted under the O to ge mantra.
Given the above scenario, an objective assessment of the administration’s performance cannot be accrued through self-praise, but by reflecting deeply on the pulse of the street, and evaluating whether the government’s policies and interventions are realistically lifting Kwarans out of poverty or pulling more back into it? Growing rates of poverty in the state signal a failure in achieving the promises made and will continue to build distrust. It’s pertinent to note that most Kwarans do not consider the political and economic system to be fair. Two years after, there is no evidence that the opinion of citizens has changed.
A core marker of success for the current administration will therefore be the ability to regain the trust of citizens. This will entail a clear roadmap, an inclusive approach, and a robust communication strategy to secure a collective buy-in for the state’s short, medium, and long term development aspirations.
Interlocking family quarters is a very good idea, but I think that responsibility should be given to the government at the grassroots (Local Government) if only we have any functioning one presently and the state government should focus deeply on creating revolutionary infrastructural developments. I also suggest that we should have a direction in this regard by having a manuscript, guideline, or blueprint as the occasion may demand.
The state governments still have a lot to do in terms of maintenance and upholding the Rule of Law.
As an unbiased Arbiter, I believe this administration is doing its best and the best can’t be enough for Kwara because we are all Oliver Twist, we will always ask for more.
What is your take on Judicial Autonomy?
It is sympathetic that the judiciary workers embarked on a nationwide strike in April 2021 to press home their demands for complete financial autonomy for the judiciary.
It is a sad fact that for many decades, despite constitutional provisions guaranteeing the financial autonomy of the judiciary, state governments have found increasingly innovative and pernicious ways of subjugating and emasculating the judiciary.
While many could understand why this was so under military rules, the same can’t be said of a democratic dispensation.
Years of financial strangulation, and a brazen subversion of the constitution, have driven the judiciary to impotence, incapacitation, and impoverishment.
Incidentally, with the exception of governors, who now find themselves prevaricating over unambiguous constitutional provisions?
It is pertinent to note that, subjecting the Nigerian judiciary to the shadow of the executive through financial dependence is to make nonsense of the independence of the judiciary and compromise the course of justice. The only way judicial independence can materialize is to bestow on it financial willpower.
While the Federal Government feels that it has since complied with the relevant sections of the constitution of the Federal Republic of Nigeria (1999) as amended, which grants financial autonomy to the judiciary, and the various judgments regarding complete autonomy for the judiciary, the state governors have refused to follow suit. It is also important to note that this situation has left Magistrates, Area Courts, Customary Courts, and other inferior courts across the country in a sorry state, with dilapidated buildings not suitable for legal proceedings.
By the provisions of the extant law, the independence of the judiciary is not only guaranteed, but its financial autonomy also remains the pillar upon which indirect control and manipulation are resisted. Sections 121 and 81 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provide succinctly for the financial autonomy of the judiciary.
To my mind, what the various Governors have issues with is perhaps the concomitant amendment in the same Section 121 (3) of the 1999 constitution, which also gives the states legislature financial autonomy. State Governors have since seen the autonomies granted the judiciary and legislature as a complete castration of their powers and imperial persons.
For decades they had subjugated the other two arms of government. They fear that if the other arms no longer had to make recourse to the executives for their financial needs, they would look the governors in the eyes and check their excesses with great daring and gusto. The Governors may have reservations about judicial financial autonomy, but what ails them more is the freedom that financial autonomy would give the state lawmakers, which might conceivably include impeaching any lawless Governor.
To me, the refusal to grant financial autonomy to the judiciary by the Governors speaks volume of the level of unconstitutionality, lawlessness, and impunity the country deals with even in the hand of who swear to uphold, defend and protect the constitution. Therefore, it is my belief that the state chief executives (Governors) cannot cherry-pick what aspect of the constitution to obey or disobey, neither can they set a particular time to obey the constitution.
Keeping what rightfully belongs to other arms of Government is abuse. The offices of the governors are a creation of the law and those who occupy them cannot continue to whimsically act as if they are above the law.
What is your view about young lawyers avoiding advocacy?
The Beauty of this profession is embedded in Advocacy, you will love to be a Lawyer when you see one standing up to make a submission in court.
Some of our colleagues who have been Call to Bar don’t have passion for advocacy again because they believe that they can’t make enough money that will sustain them so they believe to venture into the other area of law to which Commercial, Arbitration, Marine, Insurance, Banking, etc., other than taking their wig and gown to court to defend a litigant but as for we the litigation, we find joy in doing it because we believe that as a minister in the temple of justice we are not only doing a “lawyering work”, we are also assisting the Court in seeing to the upholding in promoting rule of Law and seeing that the law of the land is not being invaded on by anybody.
By so doing, I believe we are doing what we know how to do better and we will not discourage anybody.
Young lawyers believe that the advocacy realm has been choked up and the people who are having the bulk of the share when it comes to the issue of money are the big wigs but mind you, that is totally not true.
If you have very good background knowledge of the law and you are able to discharge the duty imposed on you by law having been briefed by a client, that alone will go a long way in projecting your name and when you have a good name, you have a good reputation and definitely, money will come.
My principal, Mallam Yusuf Ali, SAN, our Head of Chambers and seniors in the office always teach us to always build good reputations around us and not run looking for money as a young lawyer. We should sit down learning the basic knowledge of the law, do research on new areas, try to build a very good reputation, be prayerful; one day money will come and look for us.
Your advice to aspiring lawyers?
My advice is that anybody that is willing to join the Bar should be hardworking because the day the proverbial lawyer stop reading is the day he starts dying.
I will enjoy anybody who is eager to practice law to be hardworking, the zeal to work with little or no supervision and to be ready to take up any assignments because the work of a lawyer is spontaneous.
That’s is why we do devil advocate, it is spontaneous in the sense that you should be prepared to take up any challenges, be prayerful and have the fear of God at the back of his or her mind.