By Eric Elezuo
With the exploits of the Nigerian-born Kaycee Madu, who is the Minister of Justice and Solicitor General of Alberta, Canada, the Nigerian community has toed the line, and continues to dish out one exploit after another. The latest in the growing list of Nigerians making waves in Canada is Barrister Olugbenga Shoyele, who was appointed a new judge to head the Provincial Court of Alberta. The position was a privilege opened to lawyers with at least 10 years of experience at the bar, alongside several others who met the criteria, and Shoyele beat the benchmark to merit the exalted position after being thoroughly examined and interviewed. The feat speaks volume about his personality, background and impeccable career profile. Madu described Shoyele and the others as representing the “diversity present in Alberta and will help increase access to justice for Albertans”.
Nigerian-born Olugbenga obtained his Bachelor of Law and Masters in Law from the University of Ife (now Obafemi Awolowo University) in 1980 and 1984 respectively. He earned a Doctor of Philosophy of Law also in 1995 in Nigeria. In 2003, he obtained another Masters of Law from the University of Alberta. Though he worked as a Law Professor in Nigeria, he is on an appointment to Edmonton Criminal Division where he currently practices as a major counsel for the Alberta Court of Queen’s Bench.
ROAD TO APPOINTMENT AS PROVINCIAL JUSTICE
Sequel to his applications, Shoyele was first considered by the Judicial Council, which recommends applicants to the Provincial Court Nominating Committee. He was selected by the committee, which proceeded to interview him, and made recommendations to the Minister of Justice and Solicitor General.
After seating over the round table, Sholeye’s focus, intelligence and go-getting abilities were recognised, and he was shortlisted among those recommended for appointment. Olugbenga’s appointment took effect from July 12, 2021.
However, during the week, Shoyele was officially sworn in, and a get-together was held in his honour to mark the gigantic achievement, where he went down memory lane to tell the story of his sojourn in the citadel of law and justice systems. The story is contained in his well worded speech, punctuated with gracious appreciations as represented below:
SHOYELE’S APPRECIATIVE SPEECH
I start with an acknowledgement that the land on which we gather today for this ceremony is Treaty 6 territory and a traditional meeting ground and home for many Indigenous Peoples, including Cree, Saulteaux Niisitapi (Blackfoot), Métis, and Nakota Sioux; and I do this in recognition of their presence both in the past and the present.
I personally recognize that it is a great honour to be appointed to the “People’s Court” in Alberta joining a team of erudite, respectable, and accomplished honourable Justices of the Alberta Court of Justice, who interface directly with a significant majority of the community members across our Province.
I am very grateful to God — using human democratic institutions — for providing me with the privilege and opportunity to serve the public in the Province of Alberta on this platform. I believe that the Latin phrase: “vox populi, vox dei” – meaning the voice of the people is the voice of God – essentially underpins the legitimacy of judicial appointments in democratic societies like Canada.
I am absolutely humbled by (and very thankful to every single person in this courtroom for) your presence here today because I have no doubts that you have all made some sacrifices in diverse ways to come and spend your precious time with me during this momentous and by some description – historic – swearing-in ceremony.
A number of my friends have asked whether this is a swearing-in of my appointment that happened about two years ago. The simple answer that I responded with was: Yes! I clarified that I’ve had the official or formal one that substantively conferred the authority to act judicially done with my Assistant Chief Justice; and that the ceremonial one happening today is the one where, universally, each new justice being sworn in has the unique opportunity to present the different paths that they have traveled to get to this particular point in their careers as well as appreciate all those who have participated in that journey and/or contributed to the achievement.
This swearing in ceremony, coming after a host of others that I have had the opportunity to observe and participate in — either unobtrusively as part of the procession or actively as a representative of the APJA — has a ton of benefits coming with it. First, its intentional timing is apparently pressure abating. Secondly, the timing also provided me space to explore having my international-based relatives and friends be present at the event. Their presence, as you can all see, is manifested by the colourful, sartorial elegance on display today. Finally, and more interestingly, the June timing comes with the typically abbreviated tropical, summer weather in Edmonton, Alberta. Accordingly, I humbly submit to this honourable court (and audience) that my timing of this ceremony is obviously the bargain to beat. I will concede that the strength of that proposition has been mildly impacted by the air quality index level announced by Environment and Climate Change Canada for today.
Rather than postulating the philosophy and principles of law, which I believe a majority of this audience is familiar with either profoundly or broadly, my speech today is more of a personal story laden with (immense) gratitude.
The significance of my appointment to the Bench in Alberta — and conceivably in Canada — remains, frankly speaking, inescapable in its symbolism as well as effect. It is a positive reflection of the welcoming environment in this beautiful province for people from various continental, national and ethnic origins or backgrounds. It encouragingly demonstrates, with sparkle, the ongoing promotion and actualization of diversity, inclusivity and multiculturalism. It acknowledges possibilities and emphasizes hope for a better future for all in the community that I conspicuously and indisputably belong. The broad reference to “community” is intentional, as I want everyone who sees themselves in me — that is, physically and experientially — to individually draw that conclusion and extract inspiration from this occasion. For increased specificity, that community I have referenced includes the BIPOC demographic (a recently evolved acronym for: Black, Indigenous, and People of Colour); it also encompasses internationally trained lawyers in our Province and across Canada — a country widely perceived as the land of dreams, possibilities, and their realizations.
At the expense of reiteration, I was born in Nigeria, obtained my first set of law degrees – i.e undergraduate and postgraduate degrees – in the same country. Subsequently, I embarked on the professional and academic challenges of re-qualifying in Canada as an internationally trained lawyer; as well as obtaining additional postgraduate degree in law. That re-qualification process was remarkably humbling for me as the table turned for the erstwhile professor of law who suddenly became a student of law all over again. In this regard, I must acknowledge the critical contribution of Professor Lewis Klar, who — during his tenure as the Faculty Dean — materially sparked my interest in coming to Alberta by offering me a visiting opportunity as a sabbatical scholar at the University of Alberta’s Faculty of Law, while I was a law professor in Nigeria. Thank you, Professor Klar in absentia.
On my arrival in Edmonton, when I started contemplating my future in Canada, it rapidly became clear to me that I had no discernible roadmap on how to integrate into the legal community in Canada, and more specifically in the province of Alberta, as the National Mobility Agreement which enables lawyers to transfer easily between common law provinces in Canada was not in existence when I was undergoing that process. I had no precedent to follow. The situation was daunting. I had no mentor with my similar experience to consult. It was my fortuitous contact with Justice June Ross that illuminated my path to becoming a member of the legal profession in this province and essentially in the country. She was then the Associate Dean of Law (Academic) at the University of Alberta. She patiently counselled me on the process and imbued me with the required courage to braze the challenges around re-qualifying as a legal practitioner in Canada and as a member of the Law Society of Alberta. That narrative briefly captures the origin of my interest in, love of and commitment to this great Province. Thank you, Justice Ross.
This personal story — which has its genesis on the African continent — includes my nuclear family’s exodus to Canada. The story is the quintessential crystallization of the often repeated axiom that says: “It takes a village to raise a child.” That aphorism itself strikes a particularly resounding chord in my case — given its ostensible African provenance —when I consider the numerous individuals who have been part of my journey and contributed in no small measures to my personal and professional evolution since I arrived at the shores of this country up to the announcement of my appointment as a Justice of the Alberta Court of Justice.
From the professional angle – I acknowledge the following law firms, their principals, partners and associates: James H Brown and Associates – especially Jim Brown, the founding Principal – as well as Snyder and Associates LLP (being law firms that combinedly provided me with an enriched articling opportunity and experience in those early times when clerkship opportunity for internationally trained lawyers was rarer than gemstones); Sharek Logan van Leenen LLP (particularly Justice Gord Sharek and David van Leenen — who offered me the opportunity to start practice in Administrative Law as a specialized area of law that is of paramount interest for me); and Brownlee LLP (where my practice interest in administrative law as Research Lawyer fully blossomed.
I move on to salute Justice Steve Hillier of the Alberta Court of King’s Bench, Justices Sheila Greckol and Jane Fagnan of the Alberta Court of Appeal, who were the “door-opening” interviewers that were directly responsible for my recruitment as Legal Counsel at Alberta Court of King’s Bench [ABKB].
In my role as a former KB Legal Counsel, I have worked with and for a considerable number of those sitting on the dais for the ceremony today. And I can confidently assert without fear of contradiction, that they embody, as Alberta’s judiciary, the top-notch brains drawn from the brilliant legal community of our province. I am indeed extremely grateful for your attendance at the ceremony today.
The ABKB operates in a highly collegial environment. And I thoroughly enjoyed working there with its outstanding judicial complement, stellar Legal Counsel Team, energetic judicial assistants and brilliant judicial clerks. The KB Justices and LCs provided a conducive, non-toxic, and accepting atmosphere that made me look forward everyday – and with unbridled enthusiasm – to showing up for another productive workday “in-person” (pre-pandemic).
While it is simply impractical for me to exhaustively mention the names of all justices, judicial officers and staff, who I have worked with for the duration of my career as Legal Counsel at the Alberta Court of King’s Bench and briefly at the Alberta Court of Appeal, I am compelled to comment that the Edmonton KB Legal Counsel “dream team” consisted of brilliant legal minds. I have had the good fortune of working with exceptionally gifted members of the group such as: Shelagh Lobay (now retired), Peggy Kobly KC, Donald Netolitzky KC, Stella Varvis and Jennifer Taylor (alongside our Resolution Counsel – Brenda Kaminski, KC and Michelle Pidhirney, KC) and in later years Thomas Druyan, Robyn Mitchell and Michelle Roy. The affable working environment in Edmonton was harmoniously coordinated by Diana Lowe KC (now retired former Exec LC), and currently Heather Manweiller).
They have all helped in sharpening my understanding of the law through the regular biweekly and monthly meetings we held as court lawyers, interacting with our highly intelligent articling clerks recruited annually.
As can be gleaned from my previous comments, I also had a transforming stint and experience as Legal Counsel at the Alberta Court of Appeal where I worked directly with Justice Costigan and our other highly respected appeal justices. A typical day as Legal Counsel to Justice Costigan commenced early with penetrating brainstorming on core legal issues. During that time, I was — of course — also privileged to know and work closely with the ABCA Legal Counsel Team in Edmonton, being my base location. These Legal Counsel Team members, both individually and corporately, have never ceased to amaze me with their legendary intellectual brilliance and attention to granular details that are constantly engaged in the appeal matters they regularly deal with. Your sterling contributions to the administration of justice in our Province is highly commendable.
It is trite knowledge that the University of Alberta, over the years, has contributed immeasurably to the legal community in Canada at the local, provincial and national levels. I am indisputably one of the beneficiaries of that great institution’s countless contributions to the society. In that vein, I am particularly obliged to the entire team of tenured professors, adjunct professors, sessional instructors and staff — past and present — in the Faculty of Law at the University of Alberta, who have directly and indirectly contributed to making this day possible. I would like to acknowledge Professor David Percy, Professor Phil Bryden, Professor Linda Reif, Dean Barbara Billingsley, Justice Tami Friesen, and Maureen Maguire, KC, to mention a few. Again, if I have not included your name in this short list, I passionately plead for your understanding as the constraints of time wouldn’t permit me to reel out all deserving names individually. I wish to reiterate, nevertheless, that my inability to mention you specifically by name today does not in any way diminish your immense contributions to my story.
To my nuclear family members, I acknowledge and hail your courage in sacrificially rallying around the dream of leaving the relative comfort we had enjoyed at the University community in Jos, Nigeria to explore the then adventurous, unknown and uncertain future in Canada. That departure had an element of oxymoron to it. We were excited at the sweet, delightful opportunity to come to Canada while feeling slightly bitter and scared that we were leaving the familiar — our daily routine, as well as our family and friends. I would like to believe that we have made a modest success of the move we staged back then. Remarkably and sadly, though, what I have just referenced as “relative comfort” in the City of Jos subsequently degenerated after our departure from that community in Nigeria into chaos and insecurity. A more relatively recent update, however, confirms that the government in the country is now striving arduously to restore the peace and serenity for which that university community was renowned. I continue to pray and hope for the realization of that goal. The entire nation of Nigeria deserves it as a member of the global community.
I’m beholden to Mary, my beautiful, lovely and loving spouse, who has been absolutely supportive of me at every step of the journey in this beautiful country and province. I would be remiss not to acknowledge in unequivocal terms that you have always taken wonderful care of us as a family. Mary believes so much in my ability to achieve set goals. She has always been, in a concrete and unmistakable way, a motivator as well as a constant driving force who consistently propels me to higher heights. Obulu!!
My lovely children deserve a prodigious accolade as well — my daughter Grace (and her husband, Jason); my son Ade (and his girlfriend, Georgina), as well as my youngest daughter “the Princess” Yemi (who I fondly call ‘the Math Wizard’ in acknowledgment of her love and passion for all things mathematical). I say “Gracias” to you all for accommodating my sporadic aloofness when duty-calls interface with domestic matters at the home front. I also love to think that we have succeeded in mapping out the strategy to deal with that now in a commonly satisfactory manner.
To my siblings in England and Nigeria, thanks for being there always in providing emotional and filial support since the loss of our mother, a brother and a sister. How lovely it would have been to have you all here in-person to celebrate this occasion with me. Nonetheless, I’m appreciatively content with your virtual and spiritual presence necessitated by inevitable practical limitations.
My father, a centenarian – who turned 100 years in January 2023 – was more than thrilled at the announcement of my appointment being celebrated today. I had the opportunity to visit him in Nigeria recently — in 2021, immediately after COVID-19 restrictions were partially lifted and it was safe to make international travels. He reminded me of the role I played in a drama commemorating my set’s graduation at the local elementary school, where a story book titled, The Incorruptible Judge was adapted for the stage. From that reminiscence, it’s clear to me now, more than ever, that my love and passion for the law dated back to my childhood days.
To our extended family members — nieces, nephews, cousins — and family friends from across Canada and overseas, I appreciate your presence — both virtually by WebEx and in person — on this occasion.
My immense gratitude to Arlene, John, Cynthia, Terry, and Amy Stiksma (our in-laws). Mary and I are most obliged for all your kindness and support as our new family members.
I thank my church family at Strathcona Baptist Church, Edmonton for the spiritual support you have unfailingly and continually provided to me and my family dating back to Year 2000, when my nuclear family members and I stepped into the hallowed hall of the sanctuary at 83rd Avenue, Edmonton. I deeply appreciate you all for coming to celebrate this day with me.
To all our family friends in Edmonton, Calgary, Fort McMurray, Grand Prairie (and other parts of our lovely province of Alberta), a big thank you for your friendship and presence here today. I got a huge surprise few weeks ago from some of my friends, based abroad – in Nigeria, the United States and the United Kingdom – informing me of their intentions to, in their words, “storm” this event. Not in the nature of a war strategy, but in a friendly celebration of this historic moment. I sincerely appreciate the pleasant surprise, Wole, Damola, Dele and Dejo! And many, many thanks for showing up and taking the long trips when it mattered.
The Brownlee’s Toastmasters Club had been an integral part of my journey since Justice Jane Fagnan introduced me to the organization. To all my friends at BBTM (that being the acronym we use for the club), who are present here today, I say thank you for gracing this significant ceremony.
Since my appointment as a Justice of the Alberta Court of Justice, I have been very fortunate to enjoy the benefit of an exceedingly supportive culture existing in all Divisions of the Court.
I am especially indebted to all my colleagues at the Edmonton Criminal Division — particularly ACJ Ray Bodnarek. I won’t dare inadvertently step on toes by going further to start mentioning individual names here because you have all been so wonderfully generous to me with your time, knowledge and experience – and I really, really mean that. That is unsurprising to me, though, because by every standard you are all achievers who have nothing to lose at the pinnacle– as it were – of your legal careers.
That said, I believe I’m on safe terrain in acknowledging the special roles played by Justice Randy Brandt, Justice Joyce Lester (my assigned mentors), and Justice Francine Roy, who incidentally were my immediate neighbours when I initially arrived at the East side on the 5th Floor. Justices Jim Wheatley, Larry Anderson, Janet Dixon, and Carole Godfrey must not be left out of that list of “incipient stage” visitors. They all came to check on me virtually every day — during my first few weeks and months — to ensure I was comfortable. Justice Danny Zalmanowitz of Edmonton Family and Youth Division also noticeably made efforts to come in regularly from the 6th Floor and reassure me that things would fall in place — professionally — sooner that I thought. That network has since (of course) ballooned as I approach my second year on the 5th Floor and now operating from the west side. I cherish you all!
I have also received assistance from all the wonderful staff at the Alberta Court of Justice — the judicial assistants, the judicial clerks, Executive Legal Counsel, LCs, Librarians, Court of Justice [COJ] staff members and clerkship or articling students. They have all helped to transition me to this new career and role — right from the time I stepped onto the 5th Floor back in July 2021 — doing seemingly banal things like showing me my office/chambers, the lunchroom, the library and resources available to me, designing my judicial education plan, etc. Sincere gratitude “Team COJ”!
As we all march into the future, I am optimistic that the challenges ahead call for the ability to deploy a sense of calm and grace under pressure.
The judiciary remains always at the confluence of our past, present and future. Take a glance around this grand courtroom, and you will quickly realize that it is populated, in the main, by erudite jurists who have demonstrated incredible leadership in the legal community we have all come to know over several years. They have all contributed in an inestimable manner to the development of jurisprudence across our nation and the international common law regime.
These members of the judiciary have all, without fear or favour, upheld and continue to uphold timeless principles that span, among others — Constitutionalism. Rule of Law. Due process. Natural Justice. Fair trial. Privacy and Open Courts.
In so doing, they have worked tirelessly and ethically with the vibrant members of the bar in our beautiful province to protect the democratic values we cherish in the Canadian society. I pay homage to your diligence and dedication.
Albert Schweitzer — a renowned polymath and Nobel Peace prize winner — once said: “Success is not the key to happiness. Happiness is the key to success. If you love what you are doing, you will be successful.” I love the legal profession, love legal research and writing, and love to resolve legal problems. I believe these things that make me happy would help me make a success of my judicial career.
It is my goal to remain committed to the time-honoured principles of openness, transparency and accountability. In the same context, I will strive to observe and uphold the virtues of courtesy, respect, fairness and simplicity.
Acutely aware of the core principle of judicial independence while serving Albertans in the fair, administration of justice, I intend – and have planned – to work hard to justify the trust reposed in me by virtue of this appointment. I will diligently discharge my judicial duties to the best of my ability.
Many thanks to you all for coming to share this joyous moment with me!
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