Aare Afe Babalola, SAN, a name synonymous with legal eminence in Nigeria, embodies the very essence of what it means to think like a lawyer. At an age when many would have long retired, the nonagenarian founder of Afe Babalola University, Ado-Ekiti (ABUAD) still exudes the sharp intellect and strategic brilliance that have defined his illustrious career. Described by many as a “lawyer’s lawyer,” his insights, gleaned from decades of courtroom battles and the mentorship of legal giants, offer a masterclass in the art of legal thinking.
Preparation, preparation, preparation
Drawing from his vast experience, Afe Babalola emphasises that the bedrock of legal success lies in relentless preparation. This isn’t merely skimming through case files; it’s a deep, immersive engagement with every facet of the case, leaving no stone unturned. As he states unequivocally, “A lawyer who does not prepare his case is preparing to fail woefully in court.” This meticulous approach is not just about understanding one’s own arguments but also anticipating and dissecting the opponent’s strategy.
Play the devil’s advocate
Babalola’s unique approach to preparation involves a crucial element of empathy and strategic foresight. He explains, “As a rule, I never feel comfortable until I have prepared my case and prepared the case of the defence as well. I put myself in a position where I say: ‘What if I was the lawyer for the other side? What would be my argument on this?’ So I always prepare my case and the case of the defence. That has always been my strategy.” This proactive “devil’s advocate” approach allows him to identify potential weaknesses in his own case and preemptively dismantle the opposition’s arguments. It’s about seeing the legal landscape from multiple vantage points, a hallmark of sophisticated legal thinking.
This exhaustive preparation often leads to a level of mastery where Babalola can even critique the authorities cited by opposing counsel, pointing out omissions or misinterpretations to the presiding judge. This demonstrates not just thoroughness but a profound understanding of legal precedent and its nuanced application. In high-stakes litigation, such as the presidential election petition he handled for President Obasanjo, this meticulousness proved invaluable. Recalling a night where he single-handedly reviewed the team’s strategy, working until dawn, he underscores the importance of individual critical thinking even within a team. His independent analysis ultimately proved decisive in securing victory.
Turning cross-examination into an art
Beyond preparation, Afe Babalola stresses the significance of cross-examination as a tool for uncovering truth and building one’s case. He aptly quotes Proverbs 18:17, highlighting how the initial presentation of a case can be compelling, but effective questioning can dismantle even the most persuasive testimony. For Babalola, cross-examination is not just about challenging a witness; it’s an art form, a strategic dance of questions designed to elicit admissions and expose inconsistencies.
He illustrates this with a case involving a land dispute, where his incisive questioning of the plaintiff’s witness revealed a crucial link to his client’s family, effectively undermining the plaintiff’s claim of possession. He emphasises the importance of knowing the facts of one’s own client’s case intimately, as this knowledge forms the foundation for effective cross-examination. Furthermore, he highlights the strategic use of leading questions – those prompting a “yes” or “no” answer – to guide the witness and control the narrative.
However, Babalola cautions against reckless or irrelevant questioning, emphasising that cross-examination should primarily serve to test the witness’s credibility or advance the case at hand. He credits his mentor, Honourable Justice Olu Ayoola, for instilling in him the nuances of this crucial skill, alongside the legendary Rotimi Williams, underscoring the importance of learning from experienced practitioners. His ability to “weave questions around the witness so much so that he won’t even know when he had already made admission” speaks to a mastery honed over years of practice.
The anecdote of cross-examining a vassal king during the Alaafin of Oyo supremacy case reveals another dimension of Babalola’s strategic thinking: understanding human psychology and courtroom dynamics. Recognising the traditional reverence for royalty, he strategically challenged the king’s demeanour in court, asserting the primacy of the legal setting. While the judge intervened, the instance highlights Babalola’s willingness to push boundaries and assert his authority as an advocate.
Age and experience, Babalola asserts, are invaluable assets in the legal profession. The accumulation of case knowledge and the understanding of legal precedents are crucial for effective legal thinking. His chambers’ extensive library, housing law reports from across the globe, underscores his belief that “there is no case on earth where there was no precedent.” This necessitates continuous learning and a commitment to research, treating every case, regardless of its size, with the same level of diligence.
Furthermore, Babalola emphasises the critical role of truthfulness from the client. He warns against clients who attempt to present a skewed version of the facts, as this can severely undermine the lawyer’s ability to build a sound defence. The Ibadan case where his client denied being present at an assault, only for photographic evidence to prove otherwise, serves as a stark reminder of the importance of honest disclosure.
Master your case! Have dominus litis!
Beyond technical skills, Afe Babalola highlights the importance of dominus litis – the lawyer’s mastery over their case. This involves a deep understanding of the facts, meticulous preparation, and a confident command of the courtroom proceedings. He also stresses the importance of respect for the judge and colleagues, recognizing the human element in the judicial process.
His decision to remain based in Ibadan despite his national prominence speaks to a groundedness and a belief in his own capabilities, irrespective of location. The anecdote of Gbenga Oyebode acknowledging Babalola as his mentor, citing his ability to “control litigation in Lagos” from Ibadan, underscores the power of skill and reputation transcending geographical boundaries.
In reflecting on what makes a good lawyer, Babalola emphasizes quality education, a broad knowledge base, excellent command of language, respectfulness, trustworthiness, confidence, industriousness, and kindness, including pro bono work. His own practice’s emphasis on fair compensation for junior lawyers and a profit-sharing model fosters loyalty and a collaborative environment.
The story of the Mobil case, where he secured a multi-million dollar victory after initially being deemed too expensive, showcases his confidence in his abilities and the value of his expertise. He understands his worth and isn’t afraid to demand it, a trait born from a proven track record of success.
Conclusion
Ultimately, for Afe Babalola, thinking like a lawyer is a multifaceted endeavour. It demands an unwavering commitment to preparation, a strategic and analytical mind capable of dissecting arguments from multiple perspectives, a mastery of cross-examination as a tool for truth-seeking, a deep understanding of legal precedent, and an unwavering commitment to the client’s truth. It is a blend of intellectual rigour, strategic foresight, and an understanding of human nature, all honed by experience and guided by a profound respect for the law. His enduring legacy is not just in the cases he has won but in the principles he embodies and the wisdom he imparts on how to truly think like a lawyer.