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I Never Dreamt of Becoming The Court President---Hon. Justice B. A. Adejumo


1565 Sunday 7th April 2019

 

His Lordship, Hon. Justice Babatunde Adejumo, OFR –President of the National Industrial Court of Nigeria says he never dreamt of becoming the president of the court.

 

His Lordship made the remark during an interview with Journalist recently in his office.

 

Read from the excerpt below;

 

In continuation of our engagement with the President of the NICN, Honourable Justice Adejumo, His Lordship spoke to DNL Legal & Style on the various transitions and brilliant transformations and innovations at the NIC.

 

DNL L&S: My Lord, let’s talk about the transition from the High Court to the National Industrial Court of Nigeria. How did this happen?

 

Justice Adejumo: I never dreamt of coming here (NICN) but I was called by Mr. Tokunbo Kayode SAN a member of the FJSC who told me he would like me to go to the NICN. I asked him “what is NIC?” I didn’t even know the meaning of the abbreviation. He said National Industrial Court” I asked him what they do at the NIC and he said it’s a court for union and labour issues. I told him I was okay where I was as Judge in Ondo state. I told him my intention is to become a Chief Judge in Ondo State when the time comes or be elevated to the Court of Appeal whichever one God wills. He insisted and my wife also urged me to consider it. So I came to Abuja thereafter and I was briefed about the NICN and I later went to Hon. Justice Uwais for advice and he said to me “the NICN is a dead end” and advised that I should not go there but rather wait for possible elevation to the Court of Appeal God’s willing.

 

I quickly said to My Lord, Hon. Justice Uwais “thank you Sir, but Sir don’t you think someone will have to make a dead end a living end?” He said to me, fine, if you want to come, tell your Chief Judge to recommend you. Justice Falodun was my Chief Judge then. I went back to Akure and met with my CJ for recommendation, he recommended me for the job. I later learnt that we were 19 who showed interest in the NICN and I was listed as No. 11 while only one position was needed. So I did not wait to consider anything, after all, I was not really interested anyway.  But after about 6 months and 5 days of the shortlisting, I was appointed as president of the NICN on the 14th of April,

 

DNL L&S: My Lord, from a “dead end” to a “living end”, tell us about this journey.

 

Justice Adejumo: Thank you for this question. It is said that words of elders are words of wisdom. If a person like Justice Uwais the Former CJN whom I was working directly with could tell me that I should not go, it’s a dead end and I insisted then it was like refusing the words of wisdom of an elder. I saw indeed, a dead end but I took it  as a challenge and I felt I would make that “dead end”, a “living end”.  I resumed at the office of the NIC in Lagos at No. 20/22 Ojuolobun Street, Victoria Island and I saw what my Lord Hon. Justice Uwais meant by a dead end, and couldn’t compare my office as a Deputy Chief Registrar of the Supreme Court to what I saw at the office of the NIC. When it rained, both my official residence and the court were always submerged, the court was not busy and was having lay men and only two legal mind.

 

I also discovered that the law establishing the court was just an omnibus  law; the Trade Dispute Act Section 19 established the court and just about 5 to 6 sections of that law spoke of the NIC. There was no definition of what the court could do. As at the date of my appointment, the NICN was 25years old as it was established in 1976 but nothing to show for it. The court had just 123 staff, in a duplex. I was perplexed but I remembered one of the poems I read when I was doing literature at the Teachers’ College: “The firewoods of this world, is only  for those who can take heart. And that, not all can gather it. This world is like a chameleon feces of which I have stepped my legs into. Moving forward may be difficult. But going backward is impossible.”

 

I became resolute and I said to myself going back was impossible. I cannot go back to the high court. I have been sworn in and I was warned.  I went back to my Lord, Hon. Justice Uwais and said to him, “sir you have warned me, I didn’t listen.” I saw everything you said but sir, see me as a prodigal child. I have come back. You just have to take me back. Help me out of this. He accommodated me into the semi mainstream and our allocation was increased. With his kind permission, we planned to move the court to a better place. One day it rained so much so that everywhere was submerged, both my residence and the court. I called my DCR and we didn’t sleep.  

 

I raised a memo to the then head of service Ahmed Yayale and I also requested to see the then president Olusegun Obasanjo. On the day of our appointment with the president, we met him with his ministers and I told him “Sir, this court; your baby you conceived during your days as a Military head of state is now 25 years old and cannot crawl, let alone walking or bringing home laurels and I stated the reasons for my statement. Gen. Obasanjo was happy and said to me, “this is the first time a visitation panel is not asking for increase in salary, no money and so on. For the first time, I am being given a reason why a particular sector is not working.” He said to me “for this you have won my heart.” He then instructed the Minister for planning Ojo Maduekwe, Minister for Housing and the Minister for Works to include the NICN in the national planning for 3 year rolling plan and relocate us from Victoria Island to a Federal government property in Ikoyi. That was how he did it and we got everything we needed to move on. I also was opporturned to be informed that out of the 19 names that were shortlisted for the job, the DSS came out with only my name as the one without any blemish. With that, I promised the President that if it would cost the last drop of my blood, I will make sure that this court achieved the aim for which it was established. And he responded “may God help you”

 

DNL L&S: My Lord, it would appear as if NICN does not have problem with funding like other courts. Many times the issues relating to delays in administrative working of various courts, their Lordships often blame lack or insufficient funding. Does the National Industrial Court have special allocations from the Federal Government?

 

Justice Adejumo: We don’t have any special allocation, in fact the NICN is the least funded of the Federal courts in Nigeria, but whatever we might have achieved in this court, has been based on prudent spending and prudent spending depends on the goals you have set for yourself. With my shallow knowledge of public service, there are two main things that people go in for; either to make money for yourself or to leave legacy and develop an institution that can stand tall anywhere in the world. The two cannot go together, so I chose the latter. I set out to grow a labour court that can stand tall anywhere in the world. I was able to achieve this much because I have good staff and my judges were all very supportive.

 

When we started like I mentioned earlier, our allocation was being increased gradually, but here we are prudent about spending and I can say with boldness that anything anybody does with one billion naira I can do it with about N600 million to N700 million because when my contractors bill I am always there to scrutinize. Tomorrow I would be at the site meeting for my Head Quarters, (a 5 storey building and another 3 story building) because I want to talk one on one with the contractors and since I didn’t collect money from  you I would tell you the way I feel and you cannot tell me “shebi you understand?” understand what?

 

Now we have 26 divisions of the NIC for now and about 40 houses in different parts of the country. All other federal courts had official quarters allocated to them, apart from the one I am living in Lagos, all other residencies of the court were built by us; more than 2/3rd of it and the rest we rented. We were not given because we were not in the constitution where it is required to be. The gamut of what I am saying is that it depends on what you want to do. If you want to build legacy, then you face it, if you want to be rich, then it is up to you. I am not a poor man but am also not a wealthy man but wealth depends on contentment, and contentment is individualist.

 

Today when I look back I am happy. From 123 staff I have over 2000 staff, from having senior officers who were not up to 20, I have senior staff today who are more than 400 graduates. I have about 5 to 6 level 17 and a permanent secretary grade which is the CR. Today I have 38 judges among them about 3 to 4 professors and well qualified individuals. I have about 50 lawyers in this place today and we are planning to employ about 50 more because the judges must have research assistants and each registry must be manned by lawyers who would understand processes when they are filed and even those sitting in courts must be legal minds. So I was able to do this because I have good staff, judges and we all work together and I was lucky I had a lot of time. This is about the 9th CJN I am working with. So I give God the glory for everything. I have enjoyed their good favours.

 

DNL L&S: What was my Lord and the NICN’s reaction to the decision in the BPE case?

 

Justice Adejumo: In 2006, the National Assembly came out with the National Industrial Court Act, 2006 and gave us our jurisdiction and power and made the NICN a Superior court of records and we were operating under the Act as a superior court of record. Apart from the 2006 Act we also came up with the 2007 Rules of Court.

 

When in deciding the BPE case the Supreme Court said we were not a superior court of record but subordinate to the high court and that notwithstanding; the provisions of the 2006 Act violates Section 6(1) of the constitution to the extent of its inconsistency, it was a real bomb. Before one week I received about two orders from the Federal High Court that I should be submitting our judgments to them for judicial review.

 

We were all taken aback, my judges came here and we were all downcast. But the Supreme Court had spoken. I encouraged my judges and told them we would find a way out. So we had to read the judgment of the supreme court in BPE and found out that the supreme court in their wisdom also proffered solution when they said that, for the NICN to become a superior court of record, the National Assembly needs to amend the 1999 constitution. We made extensive research on the powers and jurisdiction of the labour court; we travelled wide to see how a labour court is being managed and then raised a memo to the Chief Justice of Nigeria, the president of the senate as well as the speaker of the house of representative attaching the judgment of the Supreme Court in BPE. The amendment of the 1999 constitution was kick-started and public hearing was called, we wrote our memo and defended same and one year after it was passed and 33 states out of 36 states supported us.  

 

The amendment was overwhelmingly passed by the National Assembly. On the 4th of March, 2011, the National Assembly passed the 4th alteration of the 1999 constitution making the NICN a superior court of record with its own powers and jurisdiction. The then president Dr. Goodluck Ebele Jonathan GCFR said and I quote “today’s occasion signifies the synergy between the three arms of government, the judiciary has spoken the legislature acted upon it and today the executive has accented to it. This would further bring direct investment with the investors knowing that where a dispute arises, there is a place to go and settle same. This particular event was the happiest day of my life because the struggle has come to fruition and we are now no 4 in the land and by virtue of the amendment the President of the NICN becomes a permanent

 

To Be Continue---