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Delays in trial undermine access to justice, says Adekunle 

Adekunle

Mrs Olamide Mojigbotoluwa Adekunle (née Ehinfun) is a Partner at Afe Babalola & Co. (Emmanuel Chambers), where she specialises in litigation, dispute resolution and arbitration. Her practice spans high-profile litigation, complex negotiations, strategic legal advisory, and regulatory and policy matters involving both the public and private sectors. Sworn in as a Senior Advocate of Nigeria (SAN) on October 12, 2026, Adekunle made history as the youngest female lawyer to attain the prestigious rank. In this interview with JOSEPH ONYEKWERE, she discusses the significance of the honour and shares her perspectives on the future of the legal profession and the administration of justice in Nigeria.

Nigeria’s legal system faces delays in justice delivery, high legal costs, limited access to counsel and inadequate infrastructure. Which of these issues concern you most, and why?

The four problems are not co-equal. Delay is largely the root, and the others are, in substantial measure, its effects or multipliers.

Delay drives cost. Every adjournment is billed in professional time and in the litigant’s lost working days, and the client also bears the cost of the period over which the matter remains in court. Delay equally corrodes access to justice. A litigant who faces a protracted wait may settle on unfavourable terms or abandon a meritorious claim, so the cost barrier operates through time as much as through fees. The criminal justice system shows the same pattern, with awaiting-trial persons constituting a large proportion of the custodial population. Justice must not be sacrificed on the altar of speed.

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Even so, I am persuaded that delay is detrimental to the advancement of the judiciary, and that it is eminently capable of improvement. Election litigation demonstrates this. Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), prescribes strict timelines. An election tribunal must deliver its judgment in writing within 180 days of the filing of the petition (Section 285(6), and an appeal from the tribunal must be heard and disposed of within 60 days of the delivery of its judgment (Section 285(7). The same discipline governs pre-election matters: the court of first instance must deliver judgment within 180 days of the filing of the suit (section 285(10), and any appeal must be heard and disposed of within 60 days of the filing of the appeal (section 285(12). Courts and parties alike labour assiduously to meet these periods. The lesson is that delay in ordinary litigation is substantially a function of incentives and case management, and not purely a question of capacity.

What practical steps would make legal services more accessible and affordable to ordinary Nigerians?

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The frameworks for accessible legal services largely exist already. We have the Legal Aid Act, and most courts’ rules provide for substantially reduced costs where parties are indigent. Pro bono service is strongly encouraged by the Bar and is a mandatory feature of the application for the rank of Senior Advocate of Nigeria. What is required, in my view, is publicity for these existing initiatives. Many citizens are simply unaware that such assistance is available to them.

What reforms would you recommend to Nigeria’s laws and regulatory framework to strengthen justice delivery, protect the rule of law and support economic development?

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First, financial autonomy must be given real effect. The Constitution (Fifth Alteration) (No. 6) Act 2023 alters section 121 so that funds due to the State House of Assembly and the State Judiciary are paid directly into the accounts of the Assembly and of the heads of court, and it establishes a Disbursement Committee in each State. The difficulty lies in compliance in practice. Second, court orders must be obeyed promptly and within a strict timeline. Third, the apex court must be decongested. I believe the decision of the Court of Appeal should be final in a wider category of causes.

Fourth, specialised commercial divisions should be established in every State, with fixed disposal timelines for contract and debt claims. The enforcement of contracts is the practical test of an investment climate and, by extension, of economic development.

What does admission to the Inner Bar as a Senior Advocate of Nigeria mean to you, personally and professionally?

Personally, it is the dividend of perseverance, resilience and industry. It is a reassurance that diligent work is ultimately rewarded and that sustained effort compounds over time. It is also a reminder that when you have a dream and you work towards it; the obstacle will give way.

Professionally, admission to the Inner Bar is not merely a recognition of years spent in practice. It is an acknowledgement of a journey marked by intellectual rigour, professional distinction, and an abiding commitment to the legal profession and the administration of justice. It means a lot to me to belong to the prestigious rank of great lawyers past and present.

How significant is this achievement within the context of your legal career?

My admission is a momentous milestone as I attained the rank at the clock of 40 years, the youngest female to attain the rank. The responsibilities of the rank are considerable. They are discharged in the character one displays, the standards one upholds, the practitioners one mentors, the defence of justice, and service to the Bar, the Bench and society at large.
What inspired you to study law and to pursue a career in the legal profession?

The inclination was evident in my early years. My parents often lamented that I talked too much, and I was frequently disciplined for fighting on behalf of others at school. My primary school report cards consistently described me as talkative, and my name sat near the top of the class list of noise-makers. In secondary school, I gravitated naturally to Arts and Humanities.

My father also regaled us with accounts of the politics of the old Western Region and the part played in it by Chief Rotimi Williams, popularly known as “Timi the Law.” I found those accounts intriguing, and they left a lasting
impression.

Which mentors, colleagues or experiences have most shaped your development as a lawyer?

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Our Principal, Aare Afe Babalola (SAN), has been a guiding light and a standing example to me since I was still an undergraduate. Prince Lateef Fagbemi (SAN), for his advocacy skills and the method with which he approaches his cases. The Managing Partner of Afe Babalola & Co., Mr Kehinde Ogunwumiju (SAN), who has carried the rank with grace and excellence. Finally, I recall Pastor R.A. Ogunwole (SAN), in whose chambers I interned as a law student while at the Faculty of Law, Obafemi Awolowo University. It was my first exposure to a law firm.

What legacy do you hope to build, and how will you use the rank to contribute to the profession and to society?

The training of younger lawyers is paramount, and I wish to encourage young people, and women in particular, that their goals are within reach, and that the limitations we experience are largely those to which we submit.

My legacy would be that if, at the end of my career, I am remembered for sound and honest advocacy, for the lawyers I helped to form, and for a genuine contribution to access to justice and the quality of adjudication, I will regard the trust as having been properly discharged to the profession and the society.

Looking back on your early years at the Bar, what specific habits or values shaped your practice? 

The habits I imbibed during my early years were my willingness to do the hard work, put in the long hours, to always proffer solutions for clients’ matters and to go wherever the work takes me. The values I got from those who have gone ahead include always being ready to go above and beyond for your matters and keeping abreast of the changes in the law.

If you were advising a 28-year-old female lawyer aiming to become a SAN, what strategic counsel would you give her? 

I would tell her that she must work twice as hard. Also very important are her environment and the people she spends time with. The impact of those two factors cannot be over-emphasised, because you would be the same person that you are now in five years’ time except for the people that you have met and the places you have been. My take on networking is that it’s really about value. What value do you bring? Also, with whom are you networking? You should network with people who have your best interest at heart, who are happy to give you access, advice or help to make way for you. In fact, you must be careful who you network with. Networking with the wrong set of people would derail your career.   How you can manage the personal/professional trade-offs is to work for a good principal, in a good office that makes space for women in all their seasons of life, including maternity and when raising young children, etc. The profession is a fast-paced one; you need a work environment that caters to all these seasons.

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