‘JUSUN Strike has Greatly Hampered Justice Delivery’

‘JUSUN Strike has Greatly Hampered Justice Delivery’

In a profession where there is almost parity between both genders in terms of numbers, to have only a meagre 5% of females at the Inner Bar, is appalling and a cause of concern for many female Lawyers in Nigeria. There are however, indications that this status quo might change in the not too distant future, as more female Senior Advocates continue to voice out the need to have more of their ilk as Silks. Onikepo Braithwaite and Jude Igbanoi caught up with learned Senior Advocate, Mrs Boma Ayomide Alabi, who was elevated to the rank last year. A rare amazon who has been opportune to have been several firsts, including being the first female, non-Caucasian President of the Commonwealth Lawyers Association and first Black President of Female Lawyers Association of England and Wales, she spoke on a myriad of issues, including Police brutality and impunity, the debilitating effects of the ongoing JUSUN strike, and the retirement age of Jurists

Congratulations on your elevation to the rank of Senior Advocate of Nigeria. Apparently, there are only about 50 female Silks or so. Why? Is it that many women are not interested in aspiring to attain the rank, or is it too difficult for them? Is there gender discrimination in favour of the men in the legal profession in Nigeria, especially for the coveted positions, because even for the Supreme Court, it took years before Hon. Justice Aloma Mukhtar became the first female JSC and subsequently, first and only female CJN, and in the NBA Dame Priscilla Kuye has been the only female President of the Bar so far? What do you think is the reason for this?

The number of women admitted to the Inner Bar is very low, in comparison to our male colleagues. No doubt about that. So far, including the bumper harvest of 2020, we are still less than 25 in number, from the inception of the rank to date. That is less than 5% of the entire number of Silks. It is quite simply, an indictment of our system. The statistics illustrate this. At entry level, we have more or less gender parity in the profession. This has been the case for the last twenty-five years, at the very least.

In my years at the Faculty of Law in Rivers State University as well as the Law School, well over thirty years ago, I certainly did not feel like women were in the minority. So, we are entering the profession in equal numbers. However, as we rise in the profession, the women are leaving or stagnant, and the question is, why? The reasons are not far fetched. It is the same reason far fewer women were making partner, when I was Chair of the Association of Women Solicitors of Law Society of England and Wales. If memory serves, we had a disparity in pay of about 27% for women doing the same work as their male colleagues, and even worse for the numbers who made partner, less than 20% or thereabouts at the time. It greatly improved in England, because of the work of organisations like the Fawcett Society which researches and provides information on gender inequality in addition to advocacy and education. Armed with information, we could demand changes to traditional work schedules, which in turn meant that more women could return to work after taking maternity leave, and also get paid as well as their male counterparts for doing the same work. Unfortunately, Covid-19 has eroded some of those gains, as women were disproportionately affected by the pandemic, with home schooling and the entire family at home in a bauble, guess who has to feed the starving hordes, teach, clean, wash up and so on? Stress levels doubled. Paying work had to give way to housework, and the rest as they say, is history.

You were quite vocal over some national issues during the #EndSARS protests. Looking back at the entire event and its aftermath, what lessons would you say have been learnt, including the loss of lives and government recriminations? There were indeed, some shocking revelations at the Lagos State Panel of Inquiry, about alleged killings at the Lekki Tollgate by soldiers who sought to cover up their misdeeds by spiriting away corpses to their barracks, and picking up as many spent bullet casings as possible, and as usual, it seems that the perpetrators will get away with their heinous crimes against humanity of opening fire on unarmed young Protesters, with the elaborate cover up that has already taken place. The #EndSARS protests were about stopping Police brutality. How effective would the protests have been if ironically, the Army are allowed to get away with their brutality? What in your opinion, were the results that the protests achieved, before they were hijacked by hoodlums?

Police brutality and impunity, has been a long standing issue in Nigeria. As a University student and young person growing up in Nigeria, I was a constant target and can empathise with this generation. You see, I used to drive to University and back home to D/Line in Port Harcourt, and was regularly harassed by the Police at the Olu Obasanjo check point on my way home. After a while, they gave up on me because I would not give a bribe and was prepared to spend as much time as they wished behind the counter.

The last occasion this happened, I had left my University a little before 9pm and was detained behind the counter until about 2.30am. The journey between the University and my home was less than 10 minutes, at that time of night. There were no mobile phones. I was about 18 years old.

This culture of impunity and preying on vulnerable citizens has carried on unchecked, and has developed into the hydra-headed monster leading to regular extra-judicial murder of citizens who are unable or unwilling to pay the extortionate sums demanded to ‘bail’ themselves. In view of my personal experience and knowledge of the level of ongoing cases of Police brutality, I was in full support of the #EndSARS movement to a point, after which I came to the sad conclusion that the organisers had not applied sufficient thought to the next steps, and became apprehensive for the final outcome.

#EndSARS came forward with a number of demands. The Federal Government acceded to these demands. The next step ought to have been a dialogue on implementation of the changes, thus, building on the ground gained from the protest. Instead, the organisers carried on with the street protests, and, moved away from peaceful protest to obstructing citizens going about their daily business. You cannot enforce your rights, by infringing on the rights of others. We are all aware of the famous saying, “Your rights stop where my nose begins”.

After the first week, the protest predictably began to attract questionable characters who took advantage of the blockade to harass citizens and dispossess them of their valuables. The menace on the streets was palpable. I recall travelling back from Ibadan on a Saturday, and facing at least 12 #EndSARS blockades along the way. I say at least, because I only started counting after perhaps the second or third one. A journey that usually takes at the most a couple of hours on a Saturday morning took well over 10 hours, and that was only because I would get out of the car and engage with these individuals, until I persuaded them to open at least one lane to traffic. They were mostly intoxicated and partying on the highway, burning tires and destroying our common wealth. It had got out of hand. Anarchy was looming, and there was not one Police Officer in sight, presumably in a bid not to exacerbate the situation.

Eventually, Lagos State Government imposed a curfew, and then troops were unleashed. A night of total mayhem followed, where citizens were at the mercy of rioters and looters. The Government reaction was malevolent and retributive. There was no attempt to protect the citizens. It was simply a show of force in the worst style of the old military dictatorship, and I remember thinking Idi Amin will be right at home in Nigeria tonight. The narrative thereafter, has not inspired confidence either. As we well know, two wrongs don’t make a right. Sadly, this is the case here, as the #EndSARS protest has not achieved its objective, and the situation is even worse now than before the protest.

Many are of the opinion that the ongoing public hearings on the 1999 Constitution review is rather hurried, haphazard, stage managed in favour of the status quo, and mostly uncoordinated for such a major national exercise. What in your view, should be the best approach towards reviewing the Nigerian Constitution?

I share this view. We have an unfortunate habit, of regularly chucking our babies out with the bathwater. There was a constitutional conference convened a few years ago, with input from Nigerians from all walks of life. That was abandoned. Was that not a consultation? There are proposals that should not even be considered, by any right thinking and patriotic Nigerian. Increase the numbers in the over bloated National Assembly in the name of gender whilst entrenching gender discrimination and imbalance? Classic Machiavelli in my opinion.

Some very senior Lawyers have advocated that the retirement age of Supreme Court Justices be upwardly reviewed. At what age would you suggest that Justices of the Apex Court retire?

I think the entire concept of a compulsory retirement age, is discriminatory and arbitrary. If the jurists were in practice, they could choose to continue in practice for as long as they are in good health and willing to carry on. Why should it be any different, because you are a judicial officer? There should be a uniform age across the board where Nigerian citizens are entitled to retire and enjoy their well-earned retirement benefits; however, that choice should be left to the citizen. It should not be mandatory or arbitrary. In some cases it is 30 years of service regardless of age, in others it is 55 years, in some 65 and others 70. Does not make sense to me, at all.

Many have expressed the view that if the almost two months JUSUN strike were to happen in advanced democracies, such countries would almost crumble. How has Nigeria managed to survive when justice delivery has ground to a halt? Does this speak to the fact that the wheels of justice are so slow here, that two months of inactivity make no difference?

It is a dreadful thing that we are unable to take forward urgent applications, such as fundamental human rights applications. If clients are invited by the Police, you are duty bound to inform them that if they are detained without charge beyond the limit permitted by law, there is nothing you can do to assist them to enforce their rights until the courts reopen, whenever that may be. Too sad. Of course, two months of inactivity makes a difference! Even more so following the Covid-19 lock down and damage to our courts in Lagos, as a result of the arson and looting on that night of horrors in the name of #EndSARS.

It is a shame that the Executive is so uncaring about the citizens they were elected to serve, that they have permitted this impasse to last for this long. There is clearly no consideration for the citizen; it appears we only matter when it is election time. Otherwise, how do you explain the fact that no one seems to be particularly disturbed that we have nowhere to go, to settle issues relating to custody of our children, overbearing landlords or recalcitrant tenants, commercial disagreements and debt recovery, enforcing our fundamental human rights when infringed upon by the Police and so on. The list is endless. The effect is further breakdown of the rule of law, and descent into anarchy as citizens resort to self-help out of desperation.

The constitutional provisions in respect of Judiciary funding seem rather hazy in terms of the capital expenditure of the State High Courts, and both capital and recurrent expenditure of the lower courts, only stating expressly that the recurrent expenditure of the Superior Courts of Record, both Federal and State should be borne by the Federal Government (and implying that obviously all the expenditure of all Federal courts should also be borne by the Federal Government). What in your opinion, would be a suitable solution to the funding of the Judiciary, especially to concretise its independence?

I recall paying a courtesy visit on the Chief Justice of Ghana some years back, in my capacity as the President of the Commonwealth Lawyers Association. The Court was engaged in developing a five year plan for the entire Ghanaian Judiciary, and consequential budget. I would like to see something similar in relation to our Judiciary, where there is a cohesive needs assessment and a resulting plan for implementation as a first step. Then we will have clarity as to how best to fund it, and where from.

The South East is on fire. Government installations like Police Stations and INEC Offices are being destroyed regularly. What, in your opinion, is the reason for this rebellion against constituted authority in the South East? What gain is there, in destroying precious installations which will have to be rebuilt?

The relationship between the ordinary Nigerian and the constituted authority you refer to, is abusive and dysfunctional. It did not begin today. Our Police Force were trained to protect the colonial authority and their assets, against the natives. Nothing has changed. This is why the average Nigerian does not recognise that, State assets are actually the people’s common wealth. Why would you burn BRT buses and court houses otherwise? Who travels in the BRT bus? Having said that, I believe there is something more sinister playing out in the South East, which will come to light eventually.

What is your stand on the Bill the Senate is seeking to pass prohibiting the payment of ransom in the case of kidnap, and prescribing a 15-year jail sentence on anyone found guilty of paying such ransom?

On this one, I will simply quote Fela, and say, “double wahala for dead body”. The Bill, if passed, will victimise the victim further. What choice does the citizen have? I’ll give you an example, that is sadly becoming an every day occurrence. An individual boards a taxi with other occupants and one of them then pulls out a pistol, they take the innocent passenger, who is now a kidnap victim to the nearest cash point, get him to empty his account and then release him thereafter. He has paid a ransom for his release. Will he be fined? The entire concept is ludicrous! The National Assembly members should redirect their energy and our resources towards safeguarding the Nigerian citizen, rather than victimising the victim.

Your tenure as President of the Commonwealth Lawyers Association was quite monumental. But, after your exit, there doesn’t seem to have been a sustained effort to get Nigerian Lawyers seriously involved in CLA programmes. How do we bring CLA closer to Nigerian Lawyers again?

My tenure was Nigeria’s tenure, because I had intimate knowledge of the challenges our colleagues face as well as our dilatory tendencies, so I would take the trouble to engage with the Government of the Conference host Country and their High Commissions in Nigeria, to ensure that our Nigerian delegates were issued visas expeditiously. I would hold speaking slots for Nigerian speakers during the conference planning meetings, because I knew that the speakers would generally confirm much later than other countries. We now have Miannaya Essien, SAN on the ExCo of the CLA, and she is doing a superb job of raising the profile again in Nigeria. Also, the NBA is regularly sending out information on CLA activities, so I have no doubt the next Conference will have an impressive Nigerian participation.

The incidence of domestic violence, rape of minors of both sexes, incest is inexplicably on the increase in Nigeria. What in your opinion, is wrong with our society? Any suggested panacea?

When we talk about domestic violence, men and women can be victims of domestic violence. Invariably, where the man is the victim, shame silences and he continues to suffer in silence. So, it is rather difficult to ascertain the true extent of this, and equally difficult to assist such men.

Where the woman is the victim, it is tolerated and indulged by our patriarchal society. She is expected to endure and continue to suffer, until such time as the husband gets too old and frail to beat her up. No one mentions the women who die from domestic violence, when counselling the victim to stay in the abusive situation and endure. Why then would domestic violence not be on the rise?

I am so grateful to Lagos State for leading from the front on this issue, and the issue of rape and sexual assault. Lagos has achieved close to 100 convictions on rape and sexual assault cases, in recent times. The message is out there, every domestic violence incident is a potential homicide, and the State is providing support for victims of domestic violence. Therein lies your panacea. An action must be followed by a consequence. If you harm someone, be it in a domestic setting or elsewhere, you should not be indulged and permitted to get away with it. You must suffer the consequences of your action. That is the only deterrent, to further bad behaviour.

You were Chairwoman of the Association of Women Solicitors of England and Wales, how are you able to joggle your practice in both jurisdictions, especially now that you have taken Silk in Nigeria? With your foreign experience, give us just two suggestions as to what can be done to improve the practice of law in Nigeria.

I am currently not involved in any regulated activity in England and Wales. I do have a number of niche retainers related to the United Kingdom and the Isle of Man, which I can easily look after from where ever I am located. That enables me to focus on my practice in Nigeria, and my passion for mentoring in the profession.

In order to improve our practice of law in Nigeria, we have to put in place a minimum standard for all legal practitioners. Lawyers are setting up in practice, with no experience and no tools. Before you can set up a law firm in England, you have to undergo management training, similar to a mini MBA, to ensure that you understand the rudiments of running a business. A law firm is a business providing legal services. Our training in Law School does not equip us to run a business, and that ought to be a mandatory additional training provided by the Nigerian Bar Association. The NBA must also put in place a minimum wage payable to new wigs, because the level of exploitation of new wigs in Nigeria is quite simply unacceptable. Naturally, there are many kind and generous seniors who provide adequately for their juniors and I acknowledge such colleagues, they are many, but, we must ensure that those who are exploitative and mean, are not given carte blanche!

Thank you Learned Silk.

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