- It means a lot to me to be able to address Your Lordships today, and in doing so, pay tribute to a distinguished Jurist, a renowned legal practitioner, an accomplished legal scholar, a royal Prince, and a patriotic Nigerian, His Lordship Hon. Justice Munta Ladipo Abimbola, the out-going Chief Judge of Oyo State on this Special Valedictory Court Session to mark His Lordship’s retirement from the Bench.
- His Lordship is leaving an indelible mark on, not only in the High Court of Oyo State, but also across the Federation. His Lordship’s tenure as Chief Judge of Oyo State is defined by the number of landmark reforms Justice Abimbola has instituted in the State Judiciary. It is on record that it was during His Lordship’s tenure that the Family Court was formally inaugurated in Oyo State. For all of us who are passionate about welfare of children, the establishment of the Family Court – a forum for the advancement of rights of children and women – in 2020 is a positive milestone, which has further boosted public confidence in the judiciary.
- His Lordship also made efforts to improve access to justice in the state. The constitutional guarantee of the right to fair hearing has no meaning to the common man where there is no access to justice. A situation where litigants travel very long distances to submit to adjudication cannot be said to be conducive to fair hearing. This is why the commissioning of the Saki High Court during the tenure of Justice Abimbola must be applauded. It is a positive step in the right direction as it has now been brought to the doorstep of every litigant in Oyo State. This is the true meaning of right to fair hearing, in my own opinion.
- Alternative dispute resolution mechanisms have been acknowledged as an integral part of dispute resolution regime. Gone are the days when litigation was the only superhighway for litigants to resolve their differences; the contemporary trend is the advancement of amicable settlement of issues through alternative dispute resolution. In this regard, My Lord. Justice Abimbola scored very high with the passage of the Oyo State Multi-Door Court House Law of 2017, which has been followed up with the setting up of the Oyo State Multi-Door Court House and the inauguration of its Governing Board under the leadership of my Lord, Hon. Justice Lambe Arasi [retired].
- The Multi-Door Court House was created as a response to public dissatisfaction with the judicial system for such reasons ranging from overloaded docket of the court, delay in the dispensation of justice and high cost of litigation. By taking the initiatives to institutionalise Multi-Door Court House, Justice Abimbola has demonstrated clearly that justice dispensation is the primary objective of the judiciary. It follows that if our judicial institutions are unable to dispense justice, a fundamental aspect of judicial architecture is missing. If we are going to go by the achievements recorded by the Oyo State Multi-Door Court House, it is apparent that its establishment has been a resounding success as many commercial and con-commercial cases have been processed at the centre since its inauguration in 2018, effectively disposing matters that would have added to the docket of the Court.
- I cannot but also commend Your Lordship for the setting up of the Customary Court of Appeal of Oyo State. This is an important superior Court that plays a unique role in our justice system. For matters bordering on customary law, having them adjudicated in customary courts gives the parties some sense of confidence in the process. it also eliminates some of the technical consideration that sometimes clogs the wheels of justice, because as observed by Hon. Justice Bode Rhodes-Vivour, JSC (Rtd.) in the case of Gbagbarigha v. Toruemi [2013] 6 NWLR [Pt. 1350] 289 that: “It is the substance of the matter that is of importance in customary courts and not the form in which it is presented.” The absence of an appellate customary court therefore tends to deprive this set of litigants access to justice in the specialised forum that their cases require. It is therefore gratifying that Oyo State Judiciary under Your Lordship has taken the bold step to comply with section 280 of the Constitution of the Federal Republic of Nigeria by setting up the Oyo State Customary Court of Appeal.
- Your Excellencies, any address about Justice Abimbola which fails to mention His Lordship’s contribution to the administration of criminal justice is certainly going to be deficient. The Honourable Chief Judge initiated several reforms to improve the criminal justice system in Oyo State. Just recently, Administration of Criminal Justice Rules was unveiled by His Lordship. In my address earlier this week at the Conference of the Body of Honourable Attorneys General in the country, I harped on the need for all stakeholders to ensure that priority is given to the Administration of Criminal Justice legislation. With the introduction of the ACJ Rules, Oyo State has proved that its ‘Pacesetter’ title is truly deserving as the State has become one of the first States in the Federation not only to pass the ACJ Law, but to also complement it with the passage of the ACJ Rules. These two important legal instruments will ensure efficient and speedy management of criminal proceedings in the State. I call on other States to emulate the Oyo Example by ensuring prompt passage of their respect ACJ Rules. We must bear it in mind that efficient criminal justice administration will go a long way in protecting all of us as members of the society from crime and criminal tendencies.
- His Lordship, Honourable Justice Abimbola has also demonstrated beyond reasonable doubt that a law is only effective when it is implemented. I believe this is the reason His Lordship earlier this week declared that it was important to curb the society from trampling over the rights of inmates in correctional centres as provided under the Administration of Criminal Justice Law. In giving practical effect to this declaration, His Lordship granted pardon to 74 inmates of Abolongo Correctional Centre. With this exercise, Justice Abimbola has proved the truism of what Portia said in the Merchant of Venice to the effect that:
“The quality of mercy is not strained
It droppeth as the gentle rain from heaven
Upon the place beneath.
It is twice blest;
It blesseth him that gives and him that takes…”
- Again, I call on other States of the Federation to ensure that the Oyo State example is replicated by ensuring that inmates of our correctional centres are not detained indefinitely without trial. To do otherwise is to violate the constitutional presumption of innocence which presumes every accused innocent until he is proven guilty. I am in total agreement with His Lordship that no one should be unduly incarcerated by long trials.
- The Nigerian Bar Association, which I am privileged to lead at this time, has also enjoyed tremendous respect and professional support from His Lordship in the finest traditions of the Bench and the Bar. I have been reliably informed that the relationship between the local Branches of the NBA and Your Lordship has been warm and respectful. This is a commendable instance which should be emulated and sustained. As rightly observed by Your Lordship when Mrs. Folashade Adeniyi-led Executive visited the Chief Judge, the Bar and the Bench are like identical twins who are performing different functions aimed at achieving the same goal. We therefore thank Your Lordship for providing a conducive environment for us to ply our professional trade without fear or intimidation. On our part, we shall always accord all our Justices with respect, reverence, and honour which Your Lordships deserve.
- When I described His Lordship in my introduction as an accomplished legal scholar, I believe that some of us might be wondering whether I was not dressing my Lord in borrowed robe. Far from it, His Lordship is indeed a cerebral jurist comparable to any judicial scholar in the commonwealth. Justice Abimbola is the author of the seminal work titled Practice Relating to Pre-Trial Conference. This is a well-researched reference material which detailed the practical aspects of pre-trial conference, and which is an indispensable companion of every litigation practitioner. This is in addition to countless research papers His Lordship has presented at conferences both within and outside the country. It is my understanding that His Lordship has also penned 5 other books which time and demands of office have not permitted to be published. I am hopeful that in the next few months, we will be privileged to read these books following His Lordship’s retirement.
- My Lords, I will be remiss if I conclude this address without acknowledging the role played by His Lordship in the passage of the Financial Autonomy Law of Oyo State. We all accept and recognize the Judiciary as the third arm of Government. We also advocate for independence of judiciary as an indispensable requirement in a functional democracy. However, the question is how can a judiciary be truly independent without financial autonomy? It is in the light of this that I commend the tenacity of His Lordship in ensuring that the Financial Autonomy Law becomes a reality. With this, Justice Abimbola has written his name in gold in the history of Oyo State Judiciary.
- My Noble Lords, as the dusk follows the dawn and as every sunrise must have its sunset, every journey which has a beginning must also have an end. It was on Saturday, July 30, 1983, that the eventful career of Justice Abimbola started following his call to the Nigerian Bar. That journey took His Lordship to Minna in Niger State where Justice Abimbola cut his professional teeth in the firm of Moses Akinsola & Co before berthing at Ibadan with the firm of Alhaji R. A. Sarumi & Co. His Lordship had succeeded in establishing a distinguished career as a legal practitioner before he was elevated to the Bench in 1997. And for more than a quarter of century, Justice Abimbola has been dispensing justice without fear or favour.
- At this juncture, it is apt to recall what Justice Abimbola said in his tribute at the valedictory court session held in honour of Justice Olajumoke Aiki last July. According to His Lordship:
“…any judge who sees the face of the law in cases before him or her has nothing to fear and writes sound judgment. But a judge who sees the face of litigants/parties in cases before him or her has the greatest problem.”
The truth is that what Justice Abimbola said of Justice Aiki is, with respect, applicable to Justice Abimbola himself. His Lordship’s judgements are products of a reflective, deep, and logical thought-process. To His Lordship, the primary consideration in every case is never the personality of the parties involved but the justice of the subject matter.
- My Lords, Your Excellencies, one laudable practice which I have noticed in some jurisdictions and which I want to commend to both the Executive and the Judiciary in Oyo State is the practice of naming Court Buildings after illustrious jurists who served meritoriously in the State. There is no doubt that Oyo State Judiciary from its inception in 1976 has always been fortunate to have forthright and incorruptible judges in its judiciary, starting from her pioneer Chief Judge, our revered Hon. Justice Kayode Eso of blessed memory, and including our own Hon. Justice Olukayode Ariwoola, GCON, the Chief Justice of Nigeria. All these eminent jurists deserve to be immortalized by having court buildings in all the 10 judicial divisions of the State named after them. That will be our modest way of paying eternal tribute to their Lordships, which will also go a long way to encourage dedication, selflessness, and service in the Judiciary.
- Ordinarily, this event ought to come up tomorrow, the 14th day of January being the 65th birthday of His Lordship. However, tomorrow being a Saturday and officially a non-working day, the programme was therefore moved back 24 hours to ensure that we are all able to come together to celebrate someone who has devoted the past four decades to the course of law and justice. Indeed, Justice Abimbola deserves all the accolades, commendations and praises we could all come up with today for his meritorious service to the Bench and the Bar. And on that note, I wish My Lord a Happy 65th Birthday, with many happy returns!
- My Noble Lords, on behalf of the Nigerian Bar Association, I congratulate Your Lordship on attaining this milestone of your legal and judicial career without blemish. We are all proud of your sterling achievements as a Judge and as Chief Judge. For the past eight years and half, Your Lordship have successfully navigated the judicial ship of Oyo State without floundering at sea. I am certain that Your Lordship’s legacies in office will forever stand the test of time.
- I wish Your Lordship a well-deserved rest, even as I pray that the good Lord will grant you sound health in retirement and satisfy you with long life so that Your Lordship will reap the benefits of the long labour.
I thank you all for listening.
Yakubu Chonoko Maikyau, OON, SAN
President, Nigerian Bar Association