Pilot Law

Illegal Affidavit: Culprits to face dismissal – Chief Registrar

 

By Kayode Adeoti

At the close of last week, something dramatic and thought provoking happened at the second entrance of the headquarters of the Kwara State High Court.

Two women who were later confirmed to be staff of the Kwara State judiciary were seen pouring invectives on each other. One was accusing the other of sabotaging her efforts. Below is an excerpt from conversation that ensued between them on Monday.

Woman A: This useless woman, why will you come to my stand, I left court premises to pitch my tent outside because of you…you’re wicked ooo

Woman B: This place is no man’s land, I’m here to earn a living just like  you, please face your business, otherwise, I will invite the hosts of heaven to help me inflict you with what will make you leave this terrain.

Woman A: You must be stupid for saying that, I will show you today, I won’t let any customer patronise you…

What does this tale depicts? It portrays everyday happening on  Lajorin street, where headquarters of the state High Courts and magistrates courts are located.

This is where some set of individuals majorly women who prided themselves as judicial staff resume office every day including weekends to ply trade of issuing affidavits to members of the public.

Very early in the morning, they will gather in linear forms, occupying both sides of the road to ply their trade. They intermittently and stylishly beckon on everyone even motorists passing by to patronise them.

Majority of those in the business are women who have made road sides of the covers their shops.

To some of those who indulge in the venture, it is legal. In fact, some claimed to be in possession of authorisation letter from the Chief Judge of the state, Justice Saidu Durosinloun Kawu to carry on with the business.

In a reaction to the development on Tuesday with the High Court Registrar, Mr Olalekan Adegbite, debunked the allegation that some people among those on the street were authorised to issue the legal document.

In a telephone chat with Pilot Law, Adegbite said the authority of the court has decided to make scapegoat anyone found culpable of the act.

He added that the judicial authority is on the watch-out and ready to enforce stiff punishment including dismissal to anyone caught in the illegal act.

He said, “We want to make a scapegoat out of these people, in fact, there is stiff punishment including dismissal for anyone caught perpetrating the act.

When contacted on the issue, the President of the Judicial Staff Union of Nigeria (JUSUN), Yomi Ibiwoye declined to comment saying she’s in a meeting and promised to get back to our reporter.

Ibiwoye said, “I’m in a meeting; I will call you back,”

As at the time this report was filed for publication, her response was still being awaited and attempt to reach her again proved abortive as she failed to pick call nor return it.

A Commissioner of oath in the state judiciary who spoke on the basis of anonymity with Pilot Law suggested that the judicial authority should look inward to find a lasting solution that will halt the menace.

The commissioner stressed that affidavit is a legal drafting which is supposed to be handled by only those that have legal knowledge.

He added that the signing of affidavits and some other documents is to be done by commissioner of oath and some registrars in the court after accessing the ‘deponent’ in person.

“Those collecting the process are not staff of the judiciary and nobody authorised them. Affidavit is a legal drafting, if you don’t have fore knowledge of Law, you cannot attend to it. We’ve taken lots of steps to stop the miscreants who are illegal issuance of the legal letter, but all seems abortive.

“These people want to tarnish the image of Kwara Judiciary because the documents bear the name of the state judiciary. Some of our commissioners of oath are not helping matters. They are the ones signing these documents all in the name of token that comes into their pocket…”

Barrister Kabiru Adebayo who also spoke on the issue condemned the act saying Judicial Service Commission (JSC) should rescue the situation.”

“Affidavit is a creation of Law, what those people are doing by the road side is quackery because they don’t have association, so they cannot be recognised. Those doing the act are civil servant with staff of the judiciary.

“The JSC need to come up and rescue the situation. In addition, the disciplinary committee of the Nigerian Bar Association (NBA) need to come in. The current chairman of the NBA promised to fight quackery but till now, I’ve not seen any efforts channelled towards that.

“I once raised the issue in 2016 with the CJ during his interaction with Law School interns, he promised to look into it and in all honesty, recently, he sent them packing from the surroundings of the Upper Area Court 1.

“But as we’re speaking now, they’re back with full force, in fact, those who were not into the venture before have joined,” Adebayo stressed.

 

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