Retired Kogi State High Court Justice, Professor Alaba Omolaye-Ajileye has expressed regret over the state government’s failure to pay his retirement benefits and gratuity, one year after exiting the bench upon turning 65.
In an interview with Thisday on Tuesday the visiting professor at National Open University of Nigeria (NOUN) disclosed he is not alone, as judicial officers retired in the past two years are also being owed. He maintained it is a constitutional obligation for state governments under Section 291 to promptly pay judicial pensions and severance.
Justice Ajileye hailed the recent increase in judicial retirement age to 70 as positive, allowing experienced judges to contribute more. However, he suggested regular medical checks to confirm fitness given the strains of office. He advocated additional court staff and technology to ease the health impacts of longhand writing of proceedings.
On judicial appointments, the former judge identified lack of transparency, purposeless recommendations, privilege of connections, and imbalanced federal character as key issues. He recommended an objective merit-based system open equitably to both Bar and Bench.
Justice Ajileye, known for expertise on electronic evidence, backed embrace of virtual court technology to enhance efficiency, accessibility and case management. He expressed confidence in President Tinubu’s governance approach so far to transform corruption, security, and the economy.
The erudite jurist Covered wide-ranging perspectives on improving administration of justice during his illuminating interview. However, the non-payment of his benefits after a distinguished career shows the continuing welfare and motivational challenges judges face.
Read the Full Interview Below
Professor (Justice) Alaba Omolaye-Ajileye is a bundle of erudition, judicial activism and sagacity, all rolled into one. His inevitable exit from the Kogi State Judiciary last year, having attained the then mandatory retirement age of 65, brought tears to many eyes. With a sound Doctorate degree in Law, expertise in Electronic Evidence, as well as being a published author, His Lordship gave the best of himself to Kogi State and the country during his years on the Bench. Now fully settled in the Academia as a Visiting Professor of Law at the National Open University of Nigeria, Professor Ajileye told Onikepo Braithwaite and Jude Igbanoi in a conversation over the weekend, that his only regret so far, is that the Kogi State Government has failed to pay his retirement benefits and gratuity a year after his meritorious exit. He discussed a range of issues concerning the Judiciary, and expressed his concerns about the poor remuneration, conditions of service and welfare of Judges, and the much faulted process of appointment of judicial officers
Your erudition as evinced in your landmark judgements and publications, are attestations to your industry and scholarship. Many expected to see you in the ivory tower taking up a professorial chair. Many Universities are still jostling to have you. What has been your response so far? Tell us about life after your retirement from the Bench last year, after reaching the then mandatory retirement age of 65?
Thank you for your kind words. By the grace of God, I am now part of the ivory tower of academia, if that is what you mean. At one of the events of my Valedictory programme, specifically, the book launch, three universities (University of Jos, Baze University and Federal University, Lokoja) announced their readiness to offer me a professorial chair. Ultimately, I have settled down with the National Open University of Nigeria (NOUN), as a Visiting Professor. The operation of the University, as a virtual learning institution, is in tandem with my background. My post-graduate studies were carried out through virtual studies, except for the doctoral residencies that required physical presence. NOUN as a virtual institution offers several advantages, making education more accessible, flexible, and convenient. Now, I can be anywhere in the world and deliver my lectures with ease. Such benefits, are also open to students.
As I reflect on the past year in retirement, I am filled with gratitude to God Almighty and a profound sense of peace. It has been a journey of self-discovery, new beginnings, and a deepening connection with the blessings that retirement brings. God’s provision has been evident in every step, and I am truly thankful for the opportunities and challenges that have shaped this chapter of my life. I now know that retirement is not an endpoint, but a new beginning. The journey has been laden with testimonies of the goodness of God, and the boundless possibilities that unfold when we trust in His plan. This is so much so that, with every sense of sincerity, I can now say that I am thanking God that the extension of the retirement age for High Court Judges from 65 years to 70 years did not meet me, so to say. With the benefit of hindsight, I now see the life of a Judge like that of a bird that is caged. You can imagine the relief and freedom such a bird will enjoy, when released from the cage. This summarises my experience in the last year, especially with the special grace God has granted me for strength.
The third evil is that, I have seen that the person a candidate knows matters a lot. And, that person must carry a lot of “weight.” You rarely find anyone being appointed without one big man or woman behind, speaking for him or her. The implication of this is that a candidate who does not have an influential personality behind them, may be left in limbo. The truth remains that, in this country, regrettably, we have not been able to devise an objective standard or parameter to identify and fish out our best for the Bench, as we do for football tournaments.
The last evil is that, where a candidate comes from matters. In Nigerian parlance, it is called federal character. The point must be made here that, there is nothing evil on the face of the principle of federal character. What is evil, is the way the principle is applied by functionaries of government. This underscores the point that, it is the human being that makes or mars an institution. If we can overcome these evils, it shall be well with the Judiciary of Nigeria, and, indeed, by extension, Nigeria as a whole.
What can be done to make the wheels of Nigerian justice move faster? What can be done to reduce the time frame in which cases are completed?
Answering a question on improving the efficiency of the Nigerian justice system and reducing the time frame for case completion, will require the writing of a thesis. I will mention just a few measures here. Suffice it to say here that, it demands comprehensive reforms and strategic interventions.
First, there must be a case management system that embraces and utilises technology to track and manage cases throughout the judicial process, from the point of filing to the judgement stage. This includes electronic filing, digital case records, and automated scheduling to reduce administrative delays.
Second, specialised courts and tribunals ought to be established to handle specific types of cases, such as commercial disputes, corruption, or cybercrimes. Specialisation can lead to quicker resolution, due to the expertise of Judges and streamlined processes.
Third, we must be prepared to encourage and promote the use of alternative dispute resolution mechanisms, such as mediation and arbitration, to resolve disputes outside the traditional court system. ADR can be faster, and less resource-intensive. More Judges should be appointed and trained to handle caseloads effectively. We can go on and on.
In recent times there have been arguments about the carrier path of Judges. It does appear that there is no clear path to the Bench. Some have argued that Judges should be appointed from the Bar directly, while some argue that it should be through the Magistracy. Having served on the Bench for a reasonable length of time, on which side of the divide are you?
Appointment to the Bench, should be diversified. It should not be seen as exclusive to a particular group of persons. No group should see itself as having the monopoly of appointment to the Bench, at any level. The Bench belongs to both the Bar and the Bench. Appointment to the Bench, should be a healthy competition between the Bar and the Bench. This is the only way we can ensure a dynamic, inclusive, and effective judicial system.
What is of importance, is for the selection process to be transparent and to prioritise merit, ensuring that individuals with the necessary qualifications, capabilities and capacities are appointed, regardless of their specific legal background.
Prof, some described your exit from the Bench as bitter-sweet. Kindly, share some words on why the aphorism. Could it be because of your expertise in electronic evidence?
There were many articles written by eminent journalists on my retirement, and widely published. One of them was written by Bolanle Bolawole, former Editor of Punch Newspaper and a columnist in the Sunday Tribune, which he titled: “Omolaye-Ajileye – A Judge’s Bitter-Sweet Exit from the Bench”. Idowu Akinlotan of The Nation newspaper also wrote another one titled: “Sad to See Erudite Justice Omolaye-Ajileye Retire”. There were other articles written by those who know me well. I felt humbled and emotionally touched, by the contents of the articles. The sentiments in them consisted of the fact that, given my contributions to the jurisprudence of electronic evidence in Nigeria, I could still be useful to advance or develop that aspect of the law if I remained on the Bench. Indeed, many agitations trailed my exit from the Bench, as people clamoured for my appointment to a higher court, if only to escape retiring at the age of 65 years. This did not happen, and today, as I said earlier, I thank God that it did not happen. One of these eminent persons who publicly made pronouncements on the issue at every opportunity open to him, is the President of the Nigerian Bar Association, Mr Y. C. Maikyau, SAN. I want to use this medium to appreciate him, for the concerns he expressed. My response to the clamour was captured in my Valedictory Speech, where I said, the ways of God are higher than our ways and that he will always put us where he wants us to be, which is always the best place to be at any particular time.
We are sure that you know that many refer to you are as the ‘Digital Judge’ because of your undoubted expertise in Electronic Evidence. What are your views on virtual court proceedings which was recently introduced into our jurisprudence, but not yet fully deepened? Should that be the way to go? How well will embracing a higher level of technology work, when there are many judicial officers who are still not computer literate?
Let me say straight away here that, there is no justification why any judicial officer of our modern and digital age should not be computer literate. Virtual hearings have become an important component of the justice system, all around the world. There are many advantages associated with them, for which they should be highly recommended. Virtual proceedings, especially in the context of the digital age, are the “to-go” solution depending on various factors. Virtual hearings enhance accessibility to the justice system by allowing participants to join remotely, overcoming geographical barriers. They can also streamline court processes, reduce delays, and lead to more efficient case management. Participants can save time and costs associated with travel, accommodation, and other logistics related to attending in-person hearings. In operating virtual hearings, we must be prepared nevertheless, to address some challenges and considerations, such as inaccessibility to reliable technology or internet connectivity. Security and confidentiality of virtual proceedings, are crucial to maintaining the integrity of the legal process. We must ensure they are intact.
As a Nigerian, what are you expecting from the Tinubu administration vis-à-vis fighting corruption, insecurity and getting the Nigerian economy on the road to recovery? Are they on the right track?
I mince no words in saying that, the Tinubu administration is on the right track considering his overall approach to governance, using the fight against corruption, insecurity, and the state of the economy as parameters. It is too early to condemn him. One undeniable fact about President Tinubu is that, in him, we have a President who listens to complaints and agitations. You can also see that, he visibly takes steps to address them. In the circumstances, we need to be patient with him, bearing in mind the popular aphorism that there is no gain without pain.
Thank you Prof.
Credit to Thisday