Just like that, D-day beckoned, and another starting line waited to be crossed. After four years, and now running my 5th Run 4 Justice marathon, my mind raced with anticipation at the thought of the physically arduous but mentally rejuvenating task that lay ahead. Perhaps my appointment to the National Judicial Council (NJC) added some fresh perspective over the now familiar themes of justice reform. More likely, as I have gotten older, the fine line between cynicism and optimism has become slightly blurry. Both now seem to co-exist quite easily, given all that one has seen. But, always the pragmatic optimist, I see myself getting closer to some elusive destination in this cause of justice reform. Or perhaps a new beginning.
A positive mindset in the beginning
The night before the race, I arrived at the hotel to a characteristically warm reception from Nilayo COO, Mr. Ebidowei Oweifie and other staff of the race organizers. Notably, Anabel was on hand to provide a handy run-down and restore a sense of familiarity to the imminent proceedings. After four years, the organizers (singling out chidinma Okonkwo) and the regular athletes had become more like friends and family. As we traded friendly banter amidst important logistical details, I knew that race day would be here in a flash.
Ebidowei’s abrupt knock at my door at 4am jolted me from a deep and intentional meditation. This time around, my heart rate was steady, and my mind resolute. I knew I had a job to do, and I was determined to get it done. I visualised the finish line and committed mentally to the pain it would take to get it done. The mind of a marathoner again at work. In deep thoughts, I was oblivious to surrounding activities and in what seemed a short time, it was almost time to commence the race at 7.00am
A despair mood
As I took off from the starting block, my pace was strong and steady. For entertainment, I kept a listening ear for those jokes and jabs from the sidelines that added colour and humour to the event. I had learnt not to take these things personally even when bestowed with titles like ‘Baba marathon’ and asked “Baba, you miss road? This race no be for you oh…” I knew I didn’t have a chance of winning. My conditioning was not up to par with the elite runners from all over the world. But many observers had quite simply missed the point. Not all the runners were in the race for prize money. There were a number of reasons to have laced up for the run that morning. Listening more closely though, I noticed the mood on the street was a bit darker this year than in previous editions. One phrase, variously expressed, seemed to aptly capture the sentiment: “Abi dem no sabi wetin dey happen inside country: no money, no fuel”. This sentiment recurred frequently albeit with different variations on the theme. Some suggested we, the runners, ought to be locked up! This is for being so completely oblivious to the country’s plight. The Nigerian marathoners were a waste of time. Traffic management was already beginning to cause significant disruption, to the irritation of many. Running a marathon, to this group of onlookers, without a chance of winning the star prize was bizarre. People question your sanity when you strive for excellence in a system that has accepted mediocrity as a benchmark and cannot see beyond material acquisition.
The organizational element of the race is on the rise, but with a few lingering but thorny problems. Sugary drinks that provide a burst of glucose at crucial points during the race, seemed to run out from Osborne, leaving us exhausted and dehydrated athletes with only water. I banished these thoughts and enjoyed the 26km to Osborne, lapping it up in 2 hours and 30 minutes. The 3rd mainland bridge remains the longest single stretch of road in the race (about 12 km) I would be left alone with my thoughts. This monotony can lead a runner to despair as the bridge begins to seem endless. But for me, it offers an opportunity for creative solitude and introspection about the cause of justice administration reform.
A broken supreme court
My mind quickly drifted to the Supreme Court – because my firm is involved in an election petition there. My colleagues have been frequenting the court on a reconnaissance mission of sorts; reading the court’s mood and gathering other actionable intelligence to leverage in our matter. The problem of court congestion at the apex court has worsened with no clear end in sight. The apex court is now stretched to breaking point. On a certain day, there were 8 appeals before the learned justices – and all of them were election petitions. The number fluctuates between 8 and 15 appeals daily, with no less than five contentious motions. Knowing all too well the level of evidentiary detail requiring review in a single election petition, I once again shook my head at the severely challenged state of our administration of the justice system.
It is simply impossible for a court to attend to 8 election petitions in a single session while devoting the requisite penetrating focus and discernment required to do substantial justice
It is simply impossible for a court to attend to 8 election petitions in a single session while devoting the requisite penetrating focus and discernment required to do substantial justice. The effect is that oral advocacy is quickly jettisoned, and the apex court risks abdicating its policy function, in place of something much more pedestrian.
Oral advocacy plays a uniquely significant role in common law jurisdictions and, rightly so, occupies a pride of place in the common law tradition. Historically, counsel appearing before the House of Lords in the United Kingdom would spend weeks refining their arguments into a well-honed oral address that illustrates the essence of their case in a way no written words ever could. A legal matter can often turn on a very fine point, and it is the duty of the advocate to magnify that which may otherwise be glossed over in the dry text of a legal brief. But now in our apex court, the written brief has replaced the advocate’s art. Neither justice nor the legal profession are the better for it.
As I devoured kilometres on 3rd mainland bridge, my mind next turned to the plight of the public as the end user of the justice system. From their vantage position in the court gallery, the public is painfully cognisant of the result of an inundated Bench, and a stifled Bar. The curt tones of our Supreme Court justices in the unfortunate circumstances they find themselves, suggest that the review of the brief will likely go the way of the hearing. Quick and impatient. With this realisation, the public cannot but come to gradually lose faith in the system.
This issue of congestion of the court’s docket is perennial and exacerbated whenever there is an election year. It has gotten progressively worse since our return to democratic rule in 1999. A well-intentioned legislature has tried to cure this anomaly by prescribing time limits within which petitions must be decided. But with due respect, that is simply pouring salt on an open wound. The net effect of restricted timelines and overcrowded dockets is that other cases are simply downgraded, and election petitions afforded ‘priority’. This creates a “Catch 22” situation. No matter the choice the court makes, it undermines the effectiveness of judicial service delivery. Civil cases at the Supreme Court may now be adjourned for up to two years! Even criminal cases are affected by an overstretched supreme court. In the end, every one who engages the system is badly bruised.
A compelling need to participate
As I cruised towards the end of the bridge, I put the challenge to myself: as a self-professed reformist for all these years, and now sitting on the NJC, could I, and other like minds, not rally the human and material resources to do something about this?
I indulged in some introspection on behalf of myself and colleagues in the NJC. Our role is certainly intended to be much more as agents of reform than purveyors of the status quo. However, this appears not to be the drum beat to which we march. And so once again, even as a so-called ‘insider’ I am faced with the stark truth – that only Nigerians demanding for a better justice delivery service, can bring about a real change.
I realized, perhaps a little too late, that I had run the length of the bridge in what I am sure would have been a personal best time. I realised to my consternation that I had burnt myself out. After more than 30km of running, and with more than 10km still to go, my legs felt like lead weights. I slowed to a fast walk and lingered in the reformist head space a while longer. I had recently heard of 600 election cases coming to the Court of Appeal to be decided within tight legislative timelines. Which way are our courts heading? I did not have a clear answer. But I recommitted to being part of the solution and not the problem.
A shared optimism
My thoughts were arrested by the sight of friends and well-wishers: Sola Adegbonmire, and Morenike Obi-Farinde. They met me at Mike Adenuga’s building at Osborne and provided the distraction my sore legs badly needed. This must have been the first time I had disengaged from my thoughts in a long time, and I welcomed it. When one of the ladies joked that they would have my back from here on, the other quipped that indeed she could only have my back as she had no intention of keeping up with the race. We shared a laugh, and I felt a momentary reprieve from the arduous mental and physical journey so far. By this time, the sun was scorching, and I started to alternate between walking and jogging. From here on, my focus was on completing the race I had started.
On getting to the link bridge, my colleagues were waiting to encourage and cheer me on. I began to long for the finish line. On reaching the end of my race, I was pleased to see several distinguished colleagues waiting to receive me. They included the President of the National Industrial Court of Nigeria (NICN), Hon. Justice B.B. Kanyip, PhD; and the President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau, OON, SAN. Justice Kanyip heads a subcommittee on the appointment of judges to superior courts of record. The NBA President flew in from Abuja to show his support. All my partners and many colleagues choreographed by Tolu Das, Deinma Dibi and Chigozie Okonkwo, were there as well to celebrate and bring awareness to the cause of the administration of justice. My Partner, Tolu Aderemi leading the team with his customary organizational skill, took charge of the finished line. My beautiful wife, Ebele embraced me. It felt more like assisting me from collapsing with exhaustion. Her face displayed a sense of mighty pity. It was comforting.
Conclusion
I felt a surge of monumental gratification seeing important stakeholders from the Bar and the Bench. This is likely to have an impact on the future of our legal practice. The presence of Bayo Akinlade, from Justice Reform Project was reassuring. There can perhaps be no better representation of the fact that Run 4 Justice is gaining traction, than seeing those who can push the change, engaged and willing to give up some measure of comfort to support a cause near and dear to their hearts. For a marathoner, the end of one race is simply a countdown of days till the next one. Two of my younger colleagues, New Year and Emem finished the 42km race. Folabi Kuti, SAN and Ugochukwu Obi also completed the 10km race. This gives me great hope for the future, but the reform must now accelerate with a sprint.
