Akinola Aguda
Encyclopedia
Akinola Aguda was a Nigerian jurist
and a former Chief Justice
of Botswana
. Prior to becoming Chief Justice, he was a lawyer
and a high court judge in the western region of Nigeria. He was the first indigenous African to head the position of Chief Justice in Botswana.
Throughout his legal career, he was known as a cerebral jurist and lawyer, who embraced radicalism especially during period of military rule in Nigeria. It is believed this may have resulted in his exclusion as a member of the supreme court of Nigeria.
, to the family of Elijah Aguda and Deborah Fasu, a prominent Anglican couple in Akure. He studied at St David's Primary School, Akure, for primary education
and left for the Government College, Ibadan for secondary education. Originally, he wanted to be a doctor or an engineer but his mind was not quite into chemistry, a crucial subject necessary to pass medical school. He left medical school after the first year and tried teaching but on the advice of Obafemi Awolowo
, he changed his mind and decided to enroll in a Law school
. He studied Law at the University of London
, and was called to the bar in 1952.
He married his first wife in 1952 and took on a mistress two years after.
. but later transferred to the legal department of the western region of Nigeria, and became the Pupil Crown Counsel. Soon thereafter, he was made Crown Counsel in 1955 and in 1968, he became the acting solicitor general of the Western region. On February 3, 1972, he was appointed the first African Chief Justice of Botswana, concurrently, he was also a judge of the Court of Appeal of Swaziland
, Botswana and Lesotho
. After, leaving the supreme court in 1975, he returned to Nigeria and continued his judicial career as Chief Judge of Ondo State
. In 1976, he was a leading member of the committee that recommended Abuja
as the capital of Nigeria. He retired from civil service in 1978 and became the director of the newly created Nigerian Institute of Advanced Legal Studies.
As director of the Nigerian Institute of Advanced Legal Studies, Aguda assumed a new role, as a critic
of corruption
and governance in Nigeria and Africa. To Aguda, the lack of thorough knowledge of judicial norms and precedent
s by the common African man or woman leads to the abuse of vital human rights by the government. A situation that can be fueled by poverty, which allows many to rot in jails without due process or even a notice of trial as they do not have the money to get an astute lawyer or the connections to effect changes to their situation. His defense of the right of suspects was a crucial issue that was prominent during his days as a judge. In 1968, in the case of Agbaje vs the Western Government of Nigeria, he wrote a comment that is still relevant in today's Nigerian judicial system. He also sought for removal of economic barriers in the criminal justice system, concurrently with a speedy trial and to put omnipotent leaders under the law not above it.
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and a former Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of Botswana
Botswana
Botswana, officially the Republic of Botswana , is a landlocked country located in Southern Africa. The citizens are referred to as "Batswana" . Formerly the British protectorate of Bechuanaland, Botswana adopted its new name after becoming independent within the Commonwealth on 30 September 1966...
. Prior to becoming Chief Justice, he was a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and a high court judge in the western region of Nigeria. He was the first indigenous African to head the position of Chief Justice in Botswana.
Throughout his legal career, he was known as a cerebral jurist and lawyer, who embraced radicalism especially during period of military rule in Nigeria. It is believed this may have resulted in his exclusion as a member of the supreme court of Nigeria.
Early life and education
Judge Aguda was born in AkureAkure
Akure is a city in the southwestern region of Nigeria, and is the largest city and capital of Ondo State. The city has a population of approximately 387,087...
, to the family of Elijah Aguda and Deborah Fasu, a prominent Anglican couple in Akure. He studied at St David's Primary School, Akure, for primary education
Primary education
A primary school is an institution in which children receive the first stage of compulsory education known as primary or elementary education. Primary school is the preferred term in the United Kingdom and many Commonwealth Nations, and in most publications of the United Nations Educational,...
and left for the Government College, Ibadan for secondary education. Originally, he wanted to be a doctor or an engineer but his mind was not quite into chemistry, a crucial subject necessary to pass medical school. He left medical school after the first year and tried teaching but on the advice of Obafemi Awolowo
Obafemi Awolowo
Jeremiah Obafemi Awolowo was a Nigerian politician, trade unionist, author and statesman. A Yoruba and native of Ikenne in Ogun State of Nigeria, he started his career as a regional political leader like most of his pre-independence contemporaries and was responsible for much of the progressive...
, he changed his mind and decided to enroll in a Law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
. He studied Law at the University of London
University of London
-20th century:Shortly after 6 Burlington Gardens was vacated, the University went through a period of rapid expansion. Bedford College, Royal Holloway and the London School of Economics all joined in 1900, Regent's Park College, which had affiliated in 1841 became an official divinity school of the...
, and was called to the bar in 1952.
He married his first wife in 1952 and took on a mistress two years after.
Career
After completing his studies, he entered private practice in the chambers of the distinguished Nigerian lawyer, Ayo RosijiAyo Rosiji
Ayotunde Rosiji was a Nigerian politician, statesman and former Minister for Health and Minister of Information. He was born in Abeokuta, Ogun State, on the 24th of February 1917, to the family of an Egba policeman. He attended the Christ Church Primary School, Abeokuta, for primary education and...
. but later transferred to the legal department of the western region of Nigeria, and became the Pupil Crown Counsel. Soon thereafter, he was made Crown Counsel in 1955 and in 1968, he became the acting solicitor general of the Western region. On February 3, 1972, he was appointed the first African Chief Justice of Botswana, concurrently, he was also a judge of the Court of Appeal of Swaziland
Swaziland
Swaziland, officially the Kingdom of Swaziland , and sometimes called Ngwane or Swatini, is a landlocked country in Southern Africa, bordered to the north, south and west by South Africa, and to the east by Mozambique...
, Botswana and Lesotho
Lesotho
Lesotho , officially the Kingdom of Lesotho, is a landlocked country and enclave, surrounded by the Republic of South Africa. It is just over in size with a population of approximately 2,067,000. Its capital and largest city is Maseru. Lesotho is a member of the Commonwealth of Nations. The name...
. After, leaving the supreme court in 1975, he returned to Nigeria and continued his judicial career as Chief Judge of Ondo State
Ondo State
Ondo State, Nigeria was created on 3 February 1976 from the former Western State. It originally included what is now Ekiti State, which was split off in 1996. Akure is the state capital.-Government and society:...
. In 1976, he was a leading member of the committee that recommended Abuja
Abuja
Abuja is the capital city of Nigeria. It is located in the centre of Nigeria, within the Federal Capital Territory . Abuja is a planned city, and was built mainly in the 1980s. It officially became Nigeria's capital on 12 December 1991, replacing Lagos...
as the capital of Nigeria. He retired from civil service in 1978 and became the director of the newly created Nigerian Institute of Advanced Legal Studies.
As director of the Nigerian Institute of Advanced Legal Studies, Aguda assumed a new role, as a critic
Critic
A critic is anyone who expresses a value judgement. Informally, criticism is a common aspect of all human expression and need not necessarily imply skilled or accurate expressions of judgement. Critical judgements, good or bad, may be positive , negative , or balanced...
of corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
and governance in Nigeria and Africa. To Aguda, the lack of thorough knowledge of judicial norms and precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s by the common African man or woman leads to the abuse of vital human rights by the government. A situation that can be fueled by poverty, which allows many to rot in jails without due process or even a notice of trial as they do not have the money to get an astute lawyer or the connections to effect changes to their situation. His defense of the right of suspects was a crucial issue that was prominent during his days as a judge. In 1968, in the case of Agbaje vs the Western Government of Nigeria, he wrote a comment that is still relevant in today's Nigerian judicial system. He also sought for removal of economic barriers in the criminal justice system, concurrently with a speedy trial and to put omnipotent leaders under the law not above it.