The Marathoner: Superiority of Mindsight over Eyesight in the Administration of Justice

Choosing to run a marathon, every year, with the possibility that it might not achieve its objective requires a superiority of mindsight over eyesight. What we see every passing day in the administration of justice may be extremely discouraging.

It is therefore easy to lose the ability to face the future optimistically and think about tomorrow negatively. The marathoner will however have none of that. He confronts his journey with courage and takes on every obstacle with enthusiasm.

The only substitute for the discipline and excruciating pain that one willingly endures is a mindset that focuses on victory at the finish line.

So, my thoughts are that in five years’ time, we will see many more courts inbuild with technology, enhanced capacity, accelerated disposal of cases and judicial system centred around the confidence of its users.

As I prepared for and eventually ran my 4th marathon, somewhat predictably I found myself contemplating the physical challenges in running a marathon as well as the obstacles in the journey to reform the administration of justice.

As I have often done in the past, I let these ideas percolate while in training but on the morning of the event I was fully focused on the task at hand. I moved forward, privileged to be lined up with the elite athletes and we took off at exactly 6.00 am.

The first thing I noticed was that the excitement and level of participation at this year’s event seemed to have waned. We set out on time, but attendance paled in comparison to previous outings.

Unlike previous events where sponsors made available all manner of carbonated and energy giving drinks, this year the table was certainly not as rich – with different brands of bottled water being the only refreshments on offer.

I mused about whether the economic impact of COVID-19 had played a role here, but I did not have time to wonder for long as it was off to the races. Soon after passing the stadium, we were met with no electricity. So, the first 400 meters were run in the pitch dark.

In hindsight, I probably was not as prepared as I should have been for my fourth attempt to go the distance.

other factors, which perhaps are also indicative of my less than usual level of preparation, I ran the marathon with a new pair of running shoes rather than my more comfortable ones that have been broken in, in all the right places.

That, coupled with the heavy rain proved to be my undoing. With each pound of the asphalt, it felt as though a penetrating pin had taken up residence in my sneakers.
Eventually, I neared the end of the Third Mainland bridge, my legs as shaky as my resolve.

A gruff roadside proposition caught my attention: “Papa, come make I show you one shortcut, you go reach V.I just now.” As with other moments during the race, I will admit that the thought of ending the pain and discomfort held some fleeting appeal.

But I reminded myself that the stakes were too high and withdrawal from the race was simply not an option, any more than withdrawal from reforms in the administration of justice.

After 30 km of propelling myself forward through sheer force of will, I must have walked all the way to the finish line. Phew. With each step I mustered, came excruciating pain. Still there could not have been any option but to finish…

As I neared the end of the race, my thoughts ran riot in an effort to extract some meaning in real time, from the gruelling 6-hour ordeal I had just endured.

Every challenge we face, personally, professionally and as a nation, has meaning if we only look deeper. From the well-meaning detractors who question the vision of excellence that you hold dear, to those that will offer a quick fix to save you the pain of delayed gratification.

I turned my focus to the next presidential elections, with all its complications.

In the current climate, it is not politically expedient, to voice a strong independent opinion about the candidates. Consequently, those who could have otherwise been change agents, often feel stifled; more concerned about how their political views will impact their careers.

These complications constraints even the candidate in Professor Yemi Osinbajo SAN from immediately declaring any unequivocal intention. Instead, there seem to be some wisdom in diving and docking to peach the right moment to assert his objective.

That Yemi Osinbajo represents judicial reforms in Lagos State and the possibility that he might seize the opportunity to replicate the same feat across the country infused a bolt of adrenaline into very tired feet.

I turned my thoughts to my special guests waiting at the finish line. Olu Akpata, the President of the Nigerian Bar Association, and Pastor & Mrs. Wigwe. Olu’s participation could not have been any better symbolic representation of reforms that he has embarked upon.

I remain grateful to him for the long wait. The thoughts of the latter provoked deeply felt emotions. Pastor Wigwe, a good friend of my late dad, he had supported me, alongside my dad, in my first marathon.

Read also: The beauty of the Access Bank Lagos city marathon

He and dad were waiting to receive me at the finish line of that first marathon. Mrs. Wigwe (Herbert’s mum) and my mum had been in the background in their respective homes praying for me.

Four years on, both parents are now of blessed memory, and I miss them dearly with heartfelt thanks to Herbert’s dad and mum for standing in their stead.
I completed my first marathon in 4 hrs.10min; my second in 4hrs.20mins, and my third in 4hrs.50min.

On this my fourth attempt, I managed a much more modest time of 6 hrs. Though I would have much preferred to beat my personal best, the time it takes to finish the race is never really the point. It is what you learn confronting yourself along the way that teaches and enriches your character and mental fortitude.

In the end, those of us who remain dogged in our passion for justice system reform, will continue to interrogate where we are falling short, dust ourselves off and do whatever is needed to positively impact the administration of justice.

Whether it takes 4 years or 6, or 20, we refuse to settle for anything less than the land which our forebears envisioned, and which we now cherish as a legacy to leave to our own children.

Join us in this marathon to reform the administration of justice.

See you next year!

Osaro is one of the Founding Partners of Perchstone & Graeys. He is also the Managing Partner of the firm and currently leads its Dispute Resolution and Banking & Finance Group.