The Incorruptible Judge
The Incorruptible Judge
3, (2022)
                 ISSN: 2488- 9210 (Print) 2504-9038 (Online)
 Department of Philosophy and Religious Studies, Tansian University, Umunya
Abstract
When a writer writes, it is with the intention of conveying some moods to the readers and
audience. Embedded in literary texts are various types of mood which conveys diverse
messages to the readers and audience. This study attempts an appraisal of the mood
types in the courtroom scene of Olu Olagoke’s The Incorruptible Judge. The analytical
tool proposed by Gibbons’ (2008), forensic questioning model was adopted as analytical
tool for the play. The study reveals such mood types as fear, anger, sorrow, gloom,
rejection, etc. The study concludes by recommending further analyses with texts
containing courtroom discourse as they are modeled after real life situations.
Keywords: Incorruptible, mood, courtroom, discourse, sorrow, judge
Introduction
Language and mood are interwoven. One is embedded in the other. This is
because language is the outlet for the expression of mood. According to Farinde
(2006), there are many discourse situations such as buying things in a shop or
market, interview for a job, interrogation between the accused and the police,
talking formally in cases or meetings, interactions within the family and loved
ones etc. These situations will have their own formulae and convention which
we will follow. Mood is the decisive factor that will help us know the right
words to choose under the various discourse situations. In support of this, Ojo
(2006) observes that it is through language that mood must be observed and
gauged and that a speaker/writer employs language in his day-day interactions
and what he says/writes at a particular time is an indicator of his mood. In
essence, the mood of speaker/writer determines the language he uses.
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 Department of Philosophy and Religious Studies, Tansian University, Umunya
According to Olaniyi (2016), mood has been studied from different perspectives
by linguistics, Pragmatics, Semantics and Phonology and so forth. Articles with
literary texts as data include those of Osisanwo (2006), Akorede (2006) and Jimoh
(2006) among others. Despite this, there is dearth of literatures on mood which
dwells on courtroom discourse using literary text as data. This is the focus of
this present study. This research investigates mood in courtroom discourse
using the courtroom scene in Olu Olagoke’s play ‘The incorruptible Judge’ as data.
A brief Synopsis of Olagoke’s The Incorruptible Judge
Olagoke has published two plays in the Evans Africa plays series which are ‘The
Incorruptible Judge’ and ‘The Iroko man and the wood-carver’. ‘The Incorruptible
Judge’ is a moralistic play which deals with the evil embedded in the act of
bribery and corruption. The play contains some fundamental truth that no
sinner will go unpunished as this is shown in the final scene with the arrest and
trial of the unscrupulous employer James Ade Agbalowomeri.
The play opens with Ajala, a very brilliant young school-leaver who applies for
vacancy at the Establishment office in the Government Development
Department. The Establishment Officer, Mr Ade Agbalowomeri told the
applicant that he must first bring five pounds before he could employ him.
Ajala, the applicant then reported the matter to the police, Detective Sergeant
Clement Agbonifo Okoro who gave him five pounds notes and followed him to
the office of Mr James Ade Agbalowomeri and eventually arrested him. Despite
several attempts made to influence the trial Judge, Mr Justice Faderin by Mr
Eniola Durojaye, his father- in-law and his friend Chief Bobameto, an important
chief, the judge remains adamant and proves incorruptible. Mr James Ade
Agbalowomeri; the corrupt officer is eventually convicted and sentenced to three
years’ imprisonment with hard labour. All his relatives and friends were wailing
and dashing themselves to the ground as the prisoner is led away from the dock
by the police.
Courtroom Procedure
Before going on to questions in court, it is necessary to discuss about courtroom
procedures. This will guide us in later stages when some aspects of the
procedures in the courtroom are referred to. In the courtroom, examination-in-
chief usually comes first. The aim is to obtain narrative facts from the witnesses
that will support the examiner in-chief client. In England and Wales, the party
who calls a witness (to the court) conducts the examination-in-chief. In Nigeria,
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 Department of Philosophy and Religious Studies, Tansian University, Umunya
the prosecution counsel who is the lawyer representing the state asks question or
examine the witness. In the magistrate court in Nigeria, the prosecutor who is a
police officer usually examines the witness. Either in the high court or the
magistrate court, the prosecuting counsel who is a lawyer or the prosecutor who
is a police officer must be well armed with the facts of the case. The
examination-in-chief is also known as ‘direct examination’ or ‘examination’. The
object of examination-in-chief is to obtain vivid narrative facts of the case from
the witness.
In this regard, questions that will generate maximum narrative facts are more
frequent as they “allow the witness to break into narratives that give an authentic
ring to testimony” (Woodbury, (1984-211). At this stage, leading questions are
frown upon, because the aim is to elicit maximum facts from the witness.
Leading questions are questions embedded with propositions of the questioner
which can convince the witness. Cross-examination on the other hand, comes
after examination-in-chief. Here, the objective is quite different from
examination. The aim of cross-examining lawyers is to discredit the witnesses’
testimony. Thus, it is usually a tense confrontation between an aggressive
lawyer and the witness. The cross-examining lawyer will always be aiming to
derive testimony that will be favourable to him from the witness, “lawyer’s role
in direct examination is to showcase the witness testimony, on cross-
examination, you should be centre of attention” (Manet 1980:247-249). That is
why examination has always been described in the literature as cooperative
while cross-examination is described as hostile and uncooperative
(Luchjenbroers 1997).
At the discoursal level, the study frowns on the absence of pronouns and lack of
cohesive devices in the legalese which makes legal documents very difficult to
comprehend for a lay man. At the syntactic level, legal documents also have
large numbers of passive constructions, truncated passives, nominalisations,
multiple negatives, misplaced or intrusive phrases, doublets such as any and all,
cease and desist, false and untrue and unusual prepositional phrases such as ‘as to’,
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‘in the event of’, and ‘until such a time as’. Okolo admits here that subjecting
legal documents to syntactic analysis will be a herculean task because syntactic
rules cannot generate most legal sentence structures. Furthermore, at the lexical
level, there is a preponderant presence of French, Latin and Old English words,
whose original meanings have not been replaced with their current equivalents
as should be expected, making legal language a myth to a layman. All the above
features are given in Okolo’s study and this mystification of legal language is
observable at those levels of linguistic analysis. However, central to Okolo’s
study is the application of existing linguistic theories with which this problem
can be overcome.
Still speaking on the peculiar language features of the language of law, Alabi’s
(1997) work also categorised these features into lexical and syntactic peculiarities,
and graphological peculiarities. Under lexical and syntactic pecularities, the
study identifies the following as being the features of language and the law: (i)
technical words such as malicious, act, decree, plaintiff etc; (ii) foreign words
such as French and Latin borrowings e.g. de jure, in loco parentis, tort and
posteriori; (iii) nominalizations such as assignor, transferor, inspectee, appointee;
(iv) stringing together of adverbials and prepositions e.g. therewith, thereafter,
hereby, whereof etc; (v) many abbreviations such as L.J. for justice; (vi)
preponderant use of nominal and dearth of pronouns; and (vii) inversion of
word order.
Very few studies of language and law in Nigeria attempt the analysis of the
structure of courtroom discourse. Among these is Opeibi (2001). In Opeibi
(2001), there is the categorisation of the discourse strategies used in court which
are: the structure of the message, the addresser-addressee structure and the
cohesive structure. The author is of the opinion that by the nature of the
courtroom discourse, apart from very few declarative and imperative sentences,
the information gathering process and gathering of facts are done through the
means of interrogations. Opeibi (2001:9) asserts that the preponderance of
interrogative sentences is a reflection of the nature of legal process in general.
Olubakin and Kalejaiye (2018) study examines the mood system displayed in the
communicative event presented in the clause structure of courtroom utterances
of a selected manslaughter trial in a Nigerian court. They are of the opinion that
language in courtroom interrogations express mood associations in addition to
the syntactic implication meaning making. This work is a detailed syntactic
analysis of courtroom discourse in mood situations. However, it does not cover
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 Department of Philosophy and Religious Studies, Tansian University, Umunya
the fictional aspect as it is based on real life courtroom situations. This present
study is based on fictional aspect as given in Olu Olagoke’s the Incorruptible
Judge.
As maintained earlier, only very few of the studies of language and the law in
Nigeria attempt the language analysis of the structure of courtroom discourse.
Farinde (2016) paper attempts this. Farinde (2016) studies pragmatic markers in
courtroom discourse. He is of the opinion that cross-examination is a hostile
phrase and it always favours the lawyers because of their power and asymmetry
over the witnesses and the accused persons. These discourse markers are always
used by the lawyers during the cross-examination which also emphasize their
powers over the witnesses and the accused persons. Although, Farinde’s work is
a detailed work on courtroom discourse, the focus is pragmatic markers to the
detriment of the structure of courtroom discourse. That is the major and highly
significant gap that this paper is trying to fill. This paper attempts to provide a
very detailed and rigorous analysis of Nigerian courtroom discourse as given in
Olu Olagoke’s The Incorruptible Judge.
Theoretical Framework
The theoretical framework for this study is supported with Gibbons’ (2008)
forensic questioning model. This model is especially good for the analysis of
institutional dyadic discourse of unequal participants. It is essentially good for
courtroom discourse because observation of the data used for this work has
revealed that the greatest linguistic tool or weapon the lawyers employed in
establishing their institutional authority over suspects is question. In support of
this, Stygall (1994) asserts that questions are a powerful tool the lawyers and
police interrogators use to control the flow of discourse, requesting particular
information in a certain fashion, presenting the story in the order they impose,
which does not necessarily follow the temporal succession of the actual events.
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Gibbons (2008) postulates some questioning forms which are identified, analysed
and discussed for this present study. They are (i) Declarative questions, (ii)
Choice questions (iii)Wh-questions, (iv) Projected questions, and (v) Special
formulas. According to Gibbons (2008), in courtroom discourse, only one party is
normally expected to ask questions and the other party is only allowed to
respond and normally must respond.
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Therefore, if the person answers ‘No’ this denial is primarily a denial of saying
this, but does not deny that he killed the woman (although the denial may affect
this core proposition if there is no other evidence for the fact). The core
information (He killed the woman) is to some degree presupposed or embedded.
Data
The data for this study were selected from Olu Olagoke’s The Incorruptible Judge.
Precisely, this research investigates mood in courtroom discourse using the
courtroom scene in Olu Olagoke’s play ‘The incorruptible Judge’ as data. The
courtroom proceedings in the text were studied painstakingly with focus on
question and answer adjacency pairs presented by the prosecuting lawyer, the
defence lawyer, accused and the witnesses and rigorously analyzed. We have
selected this text because it contains detailed and almost real life proceedings of
courtroom discourse. It also contains elements of mood and being a drama piece
it portrays direct characters in action.
Analysis
Extract 1
Lawanson : What is your name?
Okoro       : Clement Agbonifo Okoro.
Lawanson: Did anybody make a report to you on the 18th day of March, 1962?
Okoro       : Yes.
Lawanson : Who was that?
Okoro       :   Ajala Oni.
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Even when the prosecuting lawyers uses restricted WH-questions such as ‘Who
was that?’, it is to ask for specific name. We can observe in this extract that
Sergeant Okoro here is in a relaxed mood and he freely gives narrative answers
about what really happened.
Extract 2
Arogunmatidi : Who saw you marked those notes?
Okoro       :   Nobody.
Arogunmatidi : So there was nobody to see and confirm that the notes were actually
marked?
Okoro       :    Yes.
      Arogunmatidi : I put it to you that you did not actually marked the notes, that
      after     searching such an eminent gentleman without finding anything
      incriminating on him you          realized that you might be taken to court for
      wrongful and malicious accusation or even defamation of character with the
      possibility of having to pay a heavy fine. Then you suddenly invented that you
      saw your marked notes in the money he brought from home. After all nobody saw
      you mark those notes.
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however, since the aim of the defence lawyer is to limit the choice of Okoro’s
reply to either ‘Yes’ or ‘No’ thereby conforming to his own side of the story.
Another thing that is peculiar to this extract is the use of special legal formula
which is attached to declarative question that is used with the intention of
forcing the defence lawyer’s prepositions on the officer-in-charge of the case. The
aim of the defence lawyer, Arogunmatidi is to impose his proposition and his
own version of reality on sergeant Okoro. His objective is to put the witness,
Okoro in a mood of fear thereby limiting his response to barely
acknowledgement of the defence lawyer’s, propositions. ‘I put it to you that
you... The defence lawyer even uses a negative choice question to make the
officer-in-charge agree with his own side of the story ‘Is that not so?’ After all
nobody saw you mark those notes. That negative question is used during this
cross-examination stage reveals the powerful nature of negative questions and
the oppressive nature of cross-examination stage. But sergeant Okoro is too
experienced to fall for this and he replied in the negative also. ‘No sir. Not only
did…
Extract 3
Arogunmatidi :          At what time did you consult the accused?
Ajala          :         At about 12.30pm.
Arogunmatidi :           He promised to help?
Ajala          :         Yes.
Arogunmatidi :           He insisted on taking money?
Ajala              :      Yes
Arogunmatidi :            Do I understand you to mean that he took the money not as a
gift but
                       as a tip?
Ajala              :      Yes
Arogunmatidi :           But anyone could show gratitude by a present!
Ajala              :    Yes… but… eh…
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In extract 3 above, the defence lawyer is asking questions from the young
applicant Ajala. Because of the fact that Arogunmatidi is the defence lawyer who
is on the side of the accused Agbalowomeri and Ajala is the second prosecuting
witness, this extract is under cross-examination. In this regard, the WH-question
used is just to ask for a specific time ‘At what time did you consult the accused?’
And Ajala replied precisely ‘at about 12.30pm’. He also makes use of choice
questions to restrict the witness to either affirming or denying his propositions.
It is very difficult for the witness to deny such propositions and that is why Ajala
confirm these propositions despite the fact that this is not helping his own case:
Arogunmatidi :        He promised to help?
Ajala             :   Yes
Arogunmatidi :        He insisted on taking money?
Ajala         :       Yes.
We can see here that during cross-examination, the lawyers are all powerful. It is
they that control the discourse between them and the witnesses’ contributions.
That is why at the end of this cross-examination, the defence lawyer puts a
declarative question to Ajala which caught him off-guard and makes him start
stuttering:
Arogunmatidi : But anyone could show gratitude by a present?
Ajala         : Yes: but…eh…
Extract 4
Arogunmatidi   :                 What is your name?
Agbalowomeri :                  James Ade Agbalowomeri
Arogunmatidi     :               Age?
Agbalowomeri :                   Forty-four
Arogunmatidi :                   What is your occupation?
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In extract 4 above, the defence lawyer Arogunmatidi is asking questions from the
accused person James Agbalowomeri. The accused is already in a pensive mood
but since the defence lawyer is defending the accused, and is on his side, during
this examination, he is asking questions that will put him in a relaxed mood.
That is why most of the questions asked are WH-questions that will showcase his
good qualities and his good past records and reputation. Even, when the
defence lawyer makes use of choice questions, it is also to showcase his good
qualities and his past meritorious service. For example:
Arogunmatidi :    Have you even been involved in any case of bribery or corruption,
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              misappropriate or maladministration?
Agbalowomeri : No.
Arogunmatidi :      Will you be entitled to a substantial gratuity and pension for life?
Agbalowomeri :      Yes.
Arogunmatidi :       Are you married with wife?
Agbalowomeri :       Yes.
The last choice question about his wife and children are also asked by the
defence lawyer so that the judge can have pity on him and consider his marital
status and responsibilities. But the judge is not impressed by this and he cuts
him sharply:
Here, the mood of anger and indignation is portrayed by Justice Faderin who
always stands by the side of truth and cannot tolerate deceit and lies.
Extract 5
Agbalowomeri :         God is my witness that I never got a penny from anybody. Please
take pity
                    on my condition, your lordship, and be lenient with me. Consider
                   my age, my length of service, my family and my children. Don’t
                   send me to prison.
The Judge…             There is also the necessity of deterring others from following you
bad
                   example. This is a very serious offence and the one that has been
                   rampant. This country must be protected against unscrupulous
                   officers of your type who abuse their position of trust and
                   responsibility, betray the confidence
                    reposed in them by their employers and make things difficult for the
                  honest…
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Conclusion
From the analysis above, we have seen how the analysis of courtroom discourse
has help in the projection of various mood types such as sorrow, gloom dejection
relaxation, annoyance and indignation etc. We have used the tool of analysis in
Forensic Linguistics as it covers the domain of courtroom discourse. Courtroom
discourse analysis of Olu Olagoke’s The Incorruptible Judge has thus demonstrated
that in situations with uncertainty, human judgments often exploits rule of
thumb which fundamentally contradicts human propositions but Justice Faderin
remains incorruptible and was able to convict the unscrupulous employer at the
end. It has thus been shown that using texts containing courtroom discourse for
Forensic Linguistic analysis has been a rewarding and fruitful exercise and we
therefore recommend further analyses with texts containing courtroom discourse
as they are modeled after real life situations.
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                 ISSN: 2488- 9210 (Print) 2504-9038 (Online)
 Department of Philosophy and Religious Studies, Tansian University, Umunya
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   Alabi, V.A. (1997). Stylistic Features of the Legal Discourse. In: A. Lawal
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