‘Immortality’
PAGE 11
Iam constrained to confess that, it is an enormously painful and burdensome task for me to be here to talk about one of the leading lights in our one and only learned profession, at a time when his wise counsel would have been so valuable. We have known one and another as professionals for decades, and I translated his surname: “AIKU” to “Immortality”. Of course, mortality is a debt owed by everyone. He has now paid his final debt. However, from his brilliant performance as a legal practitioner, and his leadership qualities as a Senior Advocate of Nigeria, my learned friend of the Silk, has gained professional immortality because of his precious and imperishable legacy to the profession.
And why do I say that?
Let me expantiate as follows: i. Chief Aiku, SAN was an outstanding lawyer who embraced, in
totality, the ethics and tradition of our learned profession, both as learned counsel in court and by his impeccable appearance. A well-dressed lawyer is wonderful sight to behold, while the scruffy lawyer is a disgrace to the profession, and should not be given audience.
ii. As a talented lawyer, "Immortality" gave total support to the Bar, locally, nationally and internationally. At the local level, he progressed through the ranks and became the Chairman of the Nigerian Bar Association Ibadan 1984-85. During his tenure, he inaugurated the quarterly Bar dinner. Attendance in the correct attire and colours (black and white) were strictly observed. Anyone who strayed into the Bar dinner venue in inappropriate garb or colours, was politely told to go home and change! That enforced rigorous discipline, has ensured the success and survival of the Bar dinner till today and, I pray, for ever. “Deo Volente”. The underlying concept of the Bar dinner was to enable lawyers to meet and dialogue as professionals of every age at the Bar. It is always a formal but relaxed event where learned seniors and learned juniors interact. Certainly, the Bar dinner is part of the indelible legacy of Immortality.
iii. At the national level, he was extremely active and well respected. His wise counsel was always sought on Bar concerns and controversies. In 2008, at the Bar conference held in Abuja, after I had presented my paper, I left the conference hall to attend the Women lawyers’ forum event at another venue. Chief Aiku, SAN was to speak immediately after me. Soon thereafter, I received the harrowing news that Immortality had collapsed while presenting his paper. I was aghast. I contacted his son, Tunde, (now S.A.N in his own right) who assured me that his father had recovered and was resting. Later, I spoke to Immortality on the telephone and asked him what had happened. He told me that so many of our learned friends kept him awake, as he tried to advice them on many critical issues. Consequently, he suffered from lack of sufficient sleep, leading to his collapse at the podium. That dangerous incident, is a manifestation of his professional commitment and readiness to help even at the risk of his health.
iv. In March 2016, Immortality became the Chairman of the Body of Benchers, and was only able to attend one meeting before he died.
v. As a lawyer, who was absolutely dedicated to his profession, in October last year, he telephoned me and congratulated me on the high quality of a paper which I had delivered to the law students of the Faculty of Law in the University of Ibadan. The title of the paper was “Message The Reading Culture for Education and Scholarship v
The Onslaught of the Computer on the Book (Through the Internet and its Social Media).”
He asked me if I could send him a copy of the Message. I agreed. The following day, I sent him a copy of the paper which he acknowledged with gratitude in a text which I still have on my unpredictable GSM telephone!
The attributes of Immortality which I have narrated above, belong to what I always refer to as the golden age of our legal system when it was corruption free.
Now, what do we have?
On Sunday, the 8th day of October, 2016, after the 7.30a.m. holy communion church service, tears rolled down my cheeks uncontrollably, when I read in the print media that the DSS (Department of State Security) had engaged in a nocturnal invasion of judicial residences and arrested judicial officers in the dead of night. Heavens above! In my 54 years at the Bar, with 36 of them as the first female Senior Advocate of Nigeria, I could not imagine that we would now have Honourable Judges and eminent Senior Advocates of Nigeria in the dock answering to criminal charges preferred against them. Of course, they are presumed innocent until proven guilty, but the present situation of charging Honourable Judges, in indictments is a legal calamity and very antithetical to the meaning of “Honourable Justice”. Indeed, the legal system in our country is bleeding internally. And we must stop the dangerous haemorrhage, in order to clean the Aegean stable.
I always make the point in my lectures, that we have many Judges who labour to render justice without fear or favour, by abiding by their oath of office. However, woe upon woe, the few erring Judges, tragically smear the upright judges and all of us in the legal profession, with a paint of corruption by polluting the stream of justice. Thus, it will be a dreadful mistake to condemn all Judges and all Senior Advocates of Nigeria.
With all due respect, it is a total global error for President Donald Trump of the United States of America to abuse and intimidate Judges, so ferociously calling one Judge of first instance a “so-called Judge”. Judges cannot defend themselves and we all must help to uphold a rule of law which is a central part of the obligations of Judges. Upright Judges are respected all over the world and such respect ensures the smooth administration of justice worldwide. Judges must not be intimidated.
Consequently, what do we do to the Golden Age of the Administration of Justice?
i. We need to formulate new strategies which can produce upright and knowledgeable Judges. The previous method of inviting suitable lawyers to the Bench produced very good Judges, who engendered the golden years. Right now, applications not limited to serving judicial officers, are being considered for appointment as judicial officers to the Supreme Courts and Court of Appeal. I pray that the exercise will be a spectacular exercise.
ii. The membership of the National Judicial Council (NJC) in the third schedule of the 1999 Constitution of the Federal Republic of Nigeria, includes five members of the Nigerian Bar Association (NBA). However, their participation in the NJC is restricted to sitting on the NJC only for the “purposes of considering the names of persons for appointment to the superior court of record”. It is hereby postulated that, if they can sit to consider them for appointment, I fail to comprehend the logic of their being excluded from sitting to consider the recommendation that a judicial officer be removed from office. With all due respect, it is suggested that the NJC should expedite the process of taking decisions on disciplinary action on complaints against serving judicial officers.
iii. The remuneration of judicial officers should be upgraded, but those who cannot live on judicial salary should not go to the bench.
iv. As the legal system is being destroyed from within, when some of the members are being publicly accused of corruption, we must have a cleansing from within.
The State of our dear Country Nigeria:
In Nigeria, we face a monumental problem of corruption in all strata of our public life and government. On the 8th day of February, 2017, I was horrified when I saw a picture of a mountain of bundles and bundles and bundles of naira amounting, according to the report, to 111 million Naira, which the police had allegedly recovered from Independent National Electoral Commission (INEC) officials. Oh ye gods! The humongous amount was exhibited before the Joint Investigation Panel which probed the legislative election. If such a mountain of naira was unlawfully squandered for a legislative election, it is difficult to imagine what would have been dissipated for a gubernatorial election. Even the security of the recovered loot cannot be guaranteed, during the transportation of the innumerable bundles of naira from one place to another. This naira picture is a graphic illustration of the astronomical level of corruption which we face.
As St. Paul said in I Timothy Chapter 6 verse 10: “For the love of money is the root of all evil: . . .” I respectfully concur.
On the love of money, there is a more compelling statement by Eugene H. Peterson in his book: “The Message” thus:
“But if it is only money these leaders are after, they will self - destruct in no time. Lust for money brings trouble and nothing but trouble. Going down that path, some lose their footing in the faith completely and live to regret it bitterly ever after.”
Now, some of our leaders hide tons and tons of millions and millions of different world currencies, particularly US dollars and Naira allegedly in toilets, bunkers and everywhere else in their homes and villages. Amazing! Only God and the law can help us, so we must continue in prayer. The Bar and The Bench must discharge their onerous duties to cleanse the nation. We must not, and cannot, be part of the cancer of corruption which is ravaging the country.
At this juncture, let me offer a cheerful note. I respectfully commend the Chief Judge of Oyo State, The Hon. Justice M. L. Abimbola for the face- lift being given to the Court Premises, both here and the Iyaganku Court complex. The fresh paint is most welcome to the eye. May God continue to prosper your Lordship’s hand. The fact that we are here to honour one of our best and brightest legal icons is testament to the fact that the rule of law will survive and Nigeria will triumph. “Deo Volente.” Let all of us save our country from total disaster.
I consider it opportune to quote from the precious book “Oral and Written Advocacy: Law and Practice – Traditional and Modern Trends in Advocacy” written by me as Lead Author and Professor Fabian Ajogwu, SAN as Co-author. The honourable Chief Judge of Oyo State attended the presentation of the book in Lagos and purchased copies for the judiciary. I owe your Lordship a debt of gratitude for the literary and professional support.
The Duty of the Lawyer:
On page 183, the Epilogue of the book reads thus:
“In our legal orbit, we lawyers must never compromise our ever-present
"CHIEF AIKU, SAN WAS AN OUTSTANDING LAWYER WHO EMBRACED, IN TOTALITY, THE ETHICS AND TRADITION OF OUR LEARNED PROFESSION, BOTH AS LEARNED COUNSEL IN COURT AND BY HIS IMPECCABLE APPEARANCE"
sacred and professional duty, to give of our very best services to our clients and the society and for the common good. In so doing, we constantly apply the law as an instrument of social engineering id est: nationbuilding. In that context, our one and only learned profession can retain its societal relevance and remain a sine qua non in the field of law in all its ramifications. Lawyers must continue to be the experts in law, whose services are indispensable to the society in resolving disputations. We must justify our relevance as the “learned profession”, in order to earn the public trust. Being learned means knowing the law.
Concerning the new wigs to wit: the young lawyers, we wrote as follows on the same page of the book:
“We seize this unique opportunity, to urge the new entrants into the profession to bear in mind constantly, that they have chosen a profession which is both a private and public high calling. Such a high calling, should motivate them to practice law in a manner that honours God and serves humanity in the pursuit of the eternal and universal cause of justice. They do so by observing the ancient ethics and traditions of the profession. These revered tenets have been the foundation of the profession for centuries. At the present time, they are still valid and sound, even in this new age, to sustain the legal system.”
Immortality remained true to these admonitions of professionalism throughout his legal career. These age-long admonitions do not allow a lawyer to go to the residence of a Judge, like Nicodemus at night, with “Ghana must go” bags full of different world curren- cies to bribe the Judge.
Professional Misconduct Now, to the young lawyers and others who point fingers at Judges from the Bar and address them as “You”, be it known that the correct way of addressing a Judge is: “My Lord” or “Your Lordship” or “The Court”. You have a choice. So, from this day henceforth, I tell you to put a stop to that scandalous misbehaviour. Where did these so-called lawyers train and in whose law chambers do they practice law?
It is an aberration to be rude to a Judge. You who are here present should warn the other finger–pointers who are not here to stop pointing fingers at Judges. There is no “You” on the Bench, but we have “My Lord”, “Your Lordship” and “The Court”. “Ki eku ile gbo, ki o so fun toko” (the rat of the house should hear and tell the rat of the farm).
Of course, there must be mutual respect between the Bar and the Bench.
And to the lawyers who now indulge in writing bogus and endless petitions against Judges, I ask you to put a stop to it, and take your grievances to the appellate courts. Petitions are distractions which the Judges can do without, as they labour to discharge their difficult judicial functions.
And the lawyers who like to say “o.k.”, “yah”, “hi”, I ask them to put a stop to it. Such language is unprofessional as I always advice lawyers.
And those lawyers who dress shabbily to court, please emulate the splendid professional example of Immortality who was always impeccably and immaculately dressed.
Conclusion In closing, I hereby extend my profound commiseration to the widow – Mrs. Iyabo
Aiku, the children, namely: Sola, Tunde, Funmi, Omolola, Olumuyiwa, Afolabi, Abiola, Tunji – all professionals. Tunde Aiku is now “Immortality the Second”. May the Almighty God console and sustain you all. Amen.
I also extend my condolences to the Bench, and all the members of the Nigerian Bar Association. May God protect all of us and heal our beloved Nigeria. And may we all be comforted. “Deo Volente”. We shall sorely miss him.
Now, I end with one of my favourite Biblical quotations in 2 Timothy Chapter 4 verse 7 to 8. We can truly say of “Immortality” thus:
7 “I have fought a good fight, I have finished my course, I have kept the faith:”
8 “Henceforth there is laid up for me a crown of righteousness, which the Lord, the righteous judge, shall give me at that day: and not to me only, but unto all them also that love his appearing.”
To my learned friend “Immortality”, “Resquiescat in pace” I thank you all for your attention. I pause. Chief ‘Folake Solanke SAN, OON, CON, B.A., Dip.Ed., FNIALS, LL.D (h.c), HLF, D.Litt(h.c.), D.Lit. (h.c.), D. Litt. (h.c.), F.IoD, CIArb