‘My Utopia is Online Courts and ADR’

After his tour of duty as Lagos State Attorney-General and Commissioner for Justice, Adeniji Kazeem, SAN has returned firmly to active legal practice, doing what he knows how to do best. As his law firm, Adeniji Kazeem & Co. clocked 25 years recently, Onikepo Braithwaite and Jude Igbanoi engaged him on a wide range of professional issues, including reminiscences of his tenure as A-G of Nigeria’s largest and most cosmopolitan State. He also spoke about his optimism for the future of the legal profession, in Nigeria

Your Firm recently clocked 25 years of practice. What challenges did you face along the way and what are the things you think made you survive as a Professional? What would you like to see change in the Nigerian Legal Profession?

I started my professional career as a Tax and Regulatory Consultant, with unarguably one of the great Accounting and Consulting Firms of its time – Arthur Andersen. For the five or so years I spent with the Firm, it was training galore on a wide range of areas namely tax, audit, accounting, and consulting. In a short while, I was developed into a total all round professional with the confidence and foundation to take on the world. This was possible because the Firm had deep pockets, and was totally committed to continuous training.

The legal profession must embrace this strategy, and enforce total mandatory continuing legal education (CLE) for all practicing professionals, and stipulate non-renewal of practicing licences for failure to comply. Unfortunately, most smaller Law Firms do not have the financial depth to spend the required funds on staff training and professional development, so the NBA must step in somehow. The NBA as a regulator of some sorts is moving in the right direction on the CLE issue; but, more needs to be done so we can produce well baked top-class professionals, who are able to operate anywhere in the world in compliance with global best practices.

While you were in office as Attorney-General of Lagos State, you were credited with several reforms and initiatives in the Justice sector like the DNA Forensic Centre (which was destroyed in the aftermath of the #EndSARS Protests), Task force on Land Grabbers, etc. Kindly, tell us about a few of your innovations and what impact they made.

First, let me say I had good predecessors who did a lot of developmental work before I assumed office.

Secondly, Government is a continuum, and you try to continue from where your predecessors have stopped; but yes, we take credit for some of the new reforms you have mentioned.

However, what is most important is that no matter how reform-minded you are, you must have full support from your principal. I was lucky that the former Governor, H.E. Akinwunmi Ambode was also reform-minded, and this helped me achieve a lot of the things we were able to do. For example, the decision to appoint Directors from the Ministry as Permanent Secretaries in Ministries other than the Justice Ministry was readily approved by the former Governor, and it did wonders for morale in the Justice Ministry. I was also very passionate about using technology to investigate, prosecute and adjudicate crimes, and this gave rise to my push for a functional DNA Forensic Laboratory. The former Governor fully bought into the project and supported its establishment, and his action effectively placed Lagos State on the forensic map of the world.

It is ironical that despite having the Task force on Land Grabbers, Lagos State stands accused of doing the exact same thing in the matter of the Magodo land, even being accused of frustrating the execution of the Supreme Court judgement. Since it is a fairly old matter, and therefore, one that was very much in existence during your time as AG, kindly, shed some light on the issue. Why did the State Government refuse to give up some land or pay compensation to the land owners?

I believe that the current Attorney-General & Commissioner for Justice Mr Moyo Onigbanjo, SAN, has already issued a comprehensive statement on the efforts successive Governments had made to resolve this matter amicably from when the judgement was delivered.

The Statement had also noted, amongst other things, that the Lagos State Government had entered negotiations with the Judgement Creditor for amicable resolution, which was still ongoing until we left office. It is therefore, not correct to say the State Government refused to give up land or pay compensation.

Your tenure saw the introduction of the death penalty for kidnapping in Lagos State. Did you secure any conviction during your tenure? Would you say the death penalty is an effective deterrent against kidnapping? What are your views on the payment of ransoms to kidnappers?

Yes, there were some convictions for kidnapping, but they did not attract the death penalty. The 2017 Law prescribes the death sentence for kidnappers whose victims die in their custody, and life sentence for those whose victims do not die in the hands of their abductors.

I am not aware of empirical evidence, to show a link in reduction in kidnapping and the death penalty.

I do not support the payment of ransoms to Kidnappers as a State policy, as it will only encourage continuation of the dastardly act.

What do you consider as your lowest and highest points in your 25 years of operating your Firm?
Our Firm was established in 1996, with my late father as our Legal Consultant. By 1998, he had passed away, and I had hoped he would be around longer to give me the benefit of his rich legal knowledge. It was a sad period for me, but I had to forge ahead.

My high point was during my application for admission into the Inner Bar. Even though I had the option of choosing the Attorney-General’s chambers as a serving AG, I chose my private Law Firm’s office premises to be inspected by one of the toughest and most upright evaluators, and our chambers passed the inspection. I was proud of that moment, as it meant we had done something right over the years in building our Firm.

I am of course, also very proud of the legal professionals we have been able to train over the years. Law Firms are the building blocks of the legal service industry, and must be heavily supported. There is no gainsaying that without Law Firms, the numerous Lawyers being churned out yearly will have nowhere to work, and there will be frustration and joblessness. In this regard, we must encourage our young Lawyers with living wages, to ensure they can concentrate on acquiring the early skills required to be a good lawyer. The practice of paying “slave” wages, should be banished forever.

The legal profession is fast changing, with globalisation and a move towards artificial intelligence. How prepared is your Firm for this?

Yes, you are right that globalisation is upon us, and the challenge is how the Nigerian legal profession can raise its game to compete with the best of the Firms in the World. Artificial Intelligence and the growth of web based legal resources is chipping away at the market for routine legal services, so Law Firms need to adapt to the changing world we find ourselves. The new and indeed, old leadership of Law Firms, must become more exposed to Global best practices to provide cutting-edge value-added services.

Our Firm is very prepared for the challenges ahead, as we have been investing in technology and training with the underlying belief that, our staff remain our greatest assets.
Your concerns about financial autonomy for the Judiciary and better welfare for judicial officers, are very well known. How, in your view, can this be actualised in the face of the reluctance of most States to comply with the judgement of the Apex Court in that regard? Do you believe that the Memorandum of Understanding signed between JUSUN and the State Governors will make a positive difference?

The Memorandum of Understanding signed by JUSUN and the State Governors is a step in the right direction, but there is a still a lot to be done. Government spending is driven by budgets, which are in turn, determined by revenue received from Federal receipts and internally generated revenue.

It is the revenue that determines what can be distributed to the various arms of Government, including the Judiciary. The Governor is the Chief Executive of the State and controls the treasury, so, if they stick to existing Agreements and set formulas of sharing, there will likely not be complaints of lopsided allocations. It is the failure to adhere to the rules that usually leads to avoidable problems.

Infrastructure development and proper welfare cost money, and the Judiciary cannot easily fight for itself; so, we must continue to fight for them at any given opportunity; but, there must be accountability also.

The Judiciary has been on the firing line in recent times for corruption, suspicious orders and undue delays. What are you views on the characterisation?

Having been able to see the Judiciary, which includes superior and inferior courts of record from the inside as a former Attorney-General and Commissioner for Justice, member of the Judicial Service Commission, Body of Benchers, etc., it is impossible not to have a lot of empathy for the Judiciary, because of the inadequate infrastructure and tough economic conditions they continue to operate under. There is still a lot that needs to be done for the Judiciary, and budgets need to be upscaled even further, beyond the limited financial autonomy being enjoyed by some Judiciaries.

I do not condone nor justify corruption, delays nor suspicious court orders, but each case must be taken on its own merit without generalisation. There must be careful evaluation of the roles of the litigants, the Lawyers, support/registry staff and the Judges, who are all key players in the system of administration of justice. It is only with a holistic evaluation, that a proper verdict can be given. I don’t accept a general tar brush for a system that still contains hard working, brilliant and selfless men and women. There may be bad eggs, but, in my opinion, they are not in the majority.
Lawyers have been often accused of being a major problem for the system of administration of justice, especially with their sometimes unethical practice?

That’s a tough call because this is my direct constituency, and there are very, very many respectable and ethically upright Lawyers in practice.

However, the truth must be told, that we do have major problems of discipline, quality, and ethics which the profession is trying to self-regulate, albeit with huge push back from some bad eggs. It is important though, that there is continuing compulsory legal education to sanitise the mindset of some of our colleagues who have deviated, or are deviating from the values that have made the legal profession so respectable over the years.

Covid-19 has brought on virtual hearings for a lot of court proceedings, but some have complained that there is insufficient infrastructure to support this shift in judicial proceedings. What are your thoughts on this?

Technology is extremely key, for any serious-minded organisation to effectively operate today. The public health challenges brought on by Covid has now made it imperative that we all fully embrace technology, and the Judiciary and entire Justice sector appears to be slowly keying into this change. A lot of Law Firms now operate physically and virtually, and the pattern of providing legal services is also changing, so Law Firms must adapt and re-adapt to survive. It must, however, be said that, whether in the Judiciary, Law Firms, or the Justice sector, the deployment of technology costs a lot of money; but, there are gains in speed and efficiency in the long run.

My utopia is online Courts and ADR, where a huge number of ordinary people can access justice and get results quickly and cheap, from adjudicators who can operate from anywhere in the world. We should not underestimate the frustrations ordinary people are going through with the justice system, the archaic and sometimes antiquated procedure, the unending paperwork, and the delays. These changes will not be easy, but with commitment of all stakeholders, it is very doable.

The younger generation of Lawyers who are typically more comfortable with technology, must be arrowheads of change in justice delivery.
Thank you Learned Silk.