Monday, April 28, 2008

'Waiting For Golgotha' By Adesina Ogunlana


THE LEARNED SQUIB

At the Ikeja High Court premises and appurtenances, I fancy to think that I am a fairly regular face. Last week, I was however rather scarce on the Ikeja High Court circuit. The 'scarcity' was caused by a number of reasons; one of which was that I had (underline, had) to find my way to Abuja on Tuesday 22nd April 2008. Until very late I didn’t know I had to go but go all the same I had to, even if one had to rob a corpse to raise funds for travel.

It was an irresistible call- not the call of nature, not the call of God, probably the call of destiny. If you are a boat-rocker, it is your fate certainly, that you’ll face trials, temptations also, and don’t you think ‘persecutions’ will fit the list?

I went necessarily to Abuja last week to face trial, trial before the Legal Practitioners Disciplinary Committee of the Body of Benchers. For the first time ever in five years, I went alone.

My friends and followers alike were not there. Even my all-weather Dad, Daddy 3 was not there – for the singular reason of the shortness of the notice, for the respondent ( a polite name and soft alias for an accused or sinner…..) my good self, to show up in Abuja for my trial.

Of course, I missed Dad’s presence on that journey. G.O.K is always talking sense, talking history, talking ethics, talking standards, teaching values. At the mundane level he will even buy one snacks and the like and who can blame one for basking in the refulgence of the titan’s glow when he is around one?

When I got to the court, a special court where a legal masquerade may go into and emerge without his wig, grown, bib and his esquire title, I saw the bar. You see, every court must have a bar and this special court has one.
The special bar of this special court has two unique features. One, the bar is located on the corridor that leads to the court outside the court room and it is so strategically placed that the gentlemen of the bar are so glaringly presented to the passing world! As different people go to and fro their different ways right in front of the bar, they see the bar and its members.

The second peculiar feature is that it is a bar without distinction. There is no inner bar there. The bar accommodates all classes of lawyers. It is one (un)happy bar.
I call it an unhappy bar, because that’s what that bar really is. The bar men often look sad, cowed and hushed. There is, always, hanging around most of them, an air of painful expectancy – that it would soon be their turn to proceed to Golgotha!

In his element, a lawyer is a handsome specimen to behold, confident expressive, assertive demonstrative, bubbling with life. But in the special bar, which I call the “Sinners Row,” the spunk is gone out most of the members therein.
So what you see in their faces, carriage and body language, is worry, confusion, anxiety and barely- disguised terror. It is like sitting for the examination of one’s very life before a capricious and arbitrary examiner. At least, this what appears to me be the perception of most of the men of the special bar.

The last time I was there, I was about the only ‘sinner’ in that infamous row with any glow. To dispel despair and peel away the pervading chill, I had strolled out of the bar and procured some soft drinks and newspapers which I distributed to my colleagues in tribulation. I noticed that virtually everybody was shocked at my action. The generosity was appreciated but the timing gave my folks the jiminies.

Can’t blame them I say – some were so far gone with terror that they feared that they would be confronted by the authorities with additional charges of misconduct, if seen enjoying light refreshments…. while waiting for Golgotha!

Sunday, April 20, 2008

'Good morning Gentlemen' By Adesina Ogunlana


THE LEARNED SQUIB

In 1981, when I gained admission to Great Ife (if you don’t know what Great Ife means, you shouldn’t read any longer) to study the language of the ruler of the now extant empire where the sun never sets, I was a kid. Just 17. When I left four years later, still a kid I was.

But what a kid! One had had all manners of exposure and interactions at the best university, at least in that era, this side of the sea. The experience was wide ranging - from becoming a specialist in teasing girls (especially Moza girls - the famous motherless babes) to surviving on 0-0-1 or 1-0-1 rations, from watching I-Go-Do films, 20 kobo or 50 kobo or so to enjoying big entertainment groups like SHALAMAR, B.L.O etc.

In my time at Ife, almost everything (except few horrible toilets) was a thriller. Oduduwa Hall was a thriller. The Amphitheater was a thriller. Even Hezekiah Oluwasanmi Library was a thriller (what an array of wonderful books). The Cafeteria was a thriller. We could die for the fare. Believe me, a plate of ‘eba’ or ‘amala’ with three “kandu, kandu” pieces of meat, or an intimidating chest or hefty thigh of a chicken, plus orange squash or ice-cream all for 50 kobo.

The Sports Centre was a thriller. NUGA ’84 that held there was for me, unforgettable for two reasons - the Port-Harcourt contigent on the opening march past paraded the sweetest, ‘reddest’ pairs of female thighs, I have, up till date, ever seen and the host, Great Ife paraded in her soccer team a leggy wizard of a No. 10., Kayode ‘Zege’ Balogun in the soccer finals, who in the second half buried a wonderful A.B.U team with his fantastic dribbling runs. Zege is said to be the last child of the legendary Teslim “Thunder” Balogun.

The Students Union Building was another thriller, probably for me, one of the ‘thrilliest’ of all. This because it was the ‘Aso Rock’ of Students Union leaders and activists.

And boy was I interested in Students Unionism? What young idealistic, adventurous young boy wouldn’t be? Politics and politicking was fun and for us, the greatest place to be in the whole world was Students’ Union elections time at Great Ife.

The candidates were almost always exciting, even exotic. What of the electorate? Equally exacting and mischievous and capricious. What moved us was the posters, banners, the drumming, the trumpeting and above all, the “lai - wo - we igilarity” (fast flowing, off-hand bombastic orations).

It was 1982 or was it 1983, and there was going to be a debate among the presidential candidates. There were about four or five of them. Till that night, the leading candidate was George Oguntuase. If I am not mistaken. When the debate started, the first speaker could be said to be the last speaker. His name was Chris Fajemifo a.k.a “Fajee.”

Interestingly enough, ‘Fajee’ only uttered one line and that was it. The line sent waves of ecstacy, even sweet insanity among the crowd. Pandemonium of applause and cat calls broke out and that was it. On the strength of one line delivery, ‘Fajee’ rode on to the presidency of Great Ife! Fajee’s one liner was: “John Locke said and I quote.”

I have all this story of Honourable Justice Josephine Efunkunbi Oyefeso (Mrs.) of the Ikeja High Court. I love many things about the court of the honourable judge - the cool efficiency, the calm consideration and the obvious cogitation.

And there is still one other thing. Milady like Fajee has a fascinating one line delivery that is “breaking many lawyers’ neck’ ( Oun da won l’orun) so to speak.

When milady comes to court, just before taking her seat, the judge says so softly but clearly, “Good morning gentlemen.” Then, the business of the day starts. The first time I heard the one liner, I looked at the honourable judge. Then, I sighed - I could only sigh. Because I knew it was too late! Encumbrances, right, left and centre.

Well, thank you milady for being a real lady and treating the bar and everybody else, like human beings.

'What is Activism' (2) By Adesina Ogunlana

THE LEARNED SQUIB

This piece ought to have been published last week. But I never did, simply because I forgot to write it. Instead what I wrote and published was: “The 6 virgins.” Don’t mind me. I am no virgin myself.


So what is activism? Before we answer this question, let us know the position of the Chief Judge. According to Alabi C.J, the bar or the bench is not a place for anybody to practice activism. Activism according to the Chief Judge may be good on the pages of a newspaper, on the television but, it is not acceptable in the legal profession.

From the Chief Judge’s statement, it appears that whereas a journalist can be an activist, a lawyer or a judge should not be.
So who is an activist? What is activism? And why is it that activism is proper in journalism but is improper in the legal profession?
Activism, or social activism, to my mind, is an individual or group’s reaction to a state of affairs in any community, with a view of making same better, or eradicating it, if an evil, by way of specific moves to achieve the objective.

Social changes can be effected in two main broad ways - peacefully or martially. The peaceful means include discussions, negotiations, mediations, litigations etc., while martial means may range from mild confrontation modes such as street demonstrations, rallies, petitions, strikes and boycotts to high confrontation modes such as military sabotage, assassinations, kidnappings, fights, unrests, shoot-outs and ultimately wars.

An activist, contrary to facile understanding is not a trouble-maker or a criminal. He is a challenger of a set of social, economic, even political relations in society, considered inimical to the progress of the society or to the progress of a section of society. Unfortunately, adversaries of activists don’t see any good in them because they fail to appreciate the goals of the activists. That is why it is said; ‘one man’s liberation fighter is another man’s terrorist.’
An activist, a genuine one only wants a better society that he met or lived in. If this is true, why should activism be an anathema in the legal profession?
We all know that the legal profession is not in the pristine state of paradise. There are so many warts all over it. Corruption, inefficiency and of course injustice are very well established in the bosom of the legal profession in Nigeria.
Now how can such a profession be made better, if the wish of Honourable Justice Alabi should prevail?

According to Justice Alabi, the legal profession is conservative and tradition bound - but what exactly does that mean? Does it mean that such a profession is perfect and is it a crime to make criticisms in such a profession?

I cannot find myself in agreement with the Chief Judge. One may tolerate his lordship’s position a little if his position is that efforts at making the legal profession better should not take a violent or martial turn. But to say that criticisms of a sorry state of affairs or peaceful engagements such as frank discussions and bold revelations of misdeeds in the profession are improper, is in fact an extreme and violence-inspiring position to hold.
True activists are really gems that society should appreciate and revere. They are Benthamites who sacrifice their time, resources, comfort and even risk their lives to ensure that it is a better society they left than they met.

Activists demand for ideals and virtues in society. If according to Alabi C.J they have a place in a profession like journalism, why should they be outcasts in the legal profession and justice sector?

'The 6 Virgins' By Adesina Ogunlana

A well known tale in the Bible is that of the ten virgins. Maybe because it's raining now, or that I am writing this piece in my tried, trusted, but tired auto in a slightly cramped position, I am not too inclined to launch into the fullness of the story. Essentially, the story is about the benefits of proper preparation and the pains and losses of poor preparation vis-a-vis the attainment of set objectives.

'What is Activism' (1) By Adesina Ogunlana

Last week, the most renowned of all the eighty-eight branches of the Nigerian Bar Association held her Annual Law Week Programme. The branch in question is none other than the 'Tiger' branch - now you know we are talking about the Ikeja branch of the NBA.
Of all what could count as the highlights of the 5-day programme, the greatest of them all in my view, is that the honourable Chief Judge of Lagos State, Adetula Alabi, a Honourable Justice, a.k.a Prince of Chief Judges, stepped his judicial body, spirit and soul into the very temple of the Tigers - the Bar Centre. The historic event, oh yes, it was historic, took place on Wednesday 26th March, 2008. It was historic for two important reasons:

Thursday, April 17, 2008

'Dr Tunji Abayomi and His Jacket' By Adesina Ogunlana

THE LEARNED SQUIB

I witnessed a court room drama, not recently. It happened actually in the last century more specifically in 1992. It was a drama involving one judge, at least three lawyers and one medical doctor. Lest I forget, a military administrator was also involved, although in absentia, or do I say vicariously? The name of the judge is Abdul Rahman Alade Sahid. The name of the doctor is Bekololari Kuti and the military administrator bears Raji Rasaki. As for the lawyers, they are - Gani Fawehinmi, Femi Falana and Tunji Abayomi. It was the picture of the ‘milad’ that sparked off the drama. It was hung in a frame above the judge’s seat. Obviously, the judge did not notice or even see it.
But Chief Gani Fawehinmi, a.k.a Gani, saw it and objected to its presence. And you know how Gani objects - stridently, forcefully, insistently and passionately. This objection was that the picture of the Milad was an anomaly in the court and that it should be removed immediately.


When the honourable judge did not agree to the “immediately” clause in Gani’s demand, Gani just stormed out of the court. That was the end of the case for the day. Outside the courtroom, I saw Dr. Beko and Femi Falana, mercilessly teasing Doctor Tunji Abayomi who was the lawyer on the other side of the case and representing General Obasanjo. While Abayomi was busy complaining about the impropriety of Gani’s action of walking out on the trial judge, Beko (now late) and Falana kept advising him to; “better help the judge to remove the picture before the next adjourned date.”

Before Beko left with his fragile, seemingly frangible frame, he mischievously enquired from Doctor Abayomi whether his Doctorate Degree was not in Divinity!

Sadly, and ironically, some sixteen years down the line, two of the ‘gladiators’ Abayomi and Falana seemed to have changed positions, if not values, in certain areas of life.
At the afore-mentioned encounter between Abayomi and Beko and Falana, Falana was one of the gad-flies, irreverent one at that. I was also struck with the dirty, nay grimy aspect of his jacket.

On the other hand, Abayomi was better and more neatly dressed and his was the voice of wise moderation and who was appalled at the ungentlemanly and even unprofessional conduct of Gani on that day. Of course, Falana and Beko saw nothing wrong in Gani’s stance. But I doubt whether, a now more fetching and certainly more prosperous and respectable Falana would do any such thing as storming out of a court session, while addressing a judge!

Interestingly, I am not too sure, whether Dr. Tunji Abayomi, the gentleman of yore, the voice of tact and reason of old, would not in the present time walk out on a judge in court or even do worse.

I have a reason for my fears. We all must have heard, read or even worse, saw Doctor Abayomi’s recent demonstration of the science and art of ‘Bolekajaism’ before a parliamentary committee probing activities of certain clients of the Doctor of Laws, Tunji Abayomi.

At a point during the hearing, Doctor Abayomi got so cool under the collar that he yanked off his jacket like a common motor park tout, yelled most elegantly and with the utmost decency, that he was ready to go to jail for contempt! Ha! How are the mighty fallen! A lamb has turned into a leopard! Gold to dross. An Athenian became a Philistine. Alas, alas. For a doctor of divinity, sorry, doctor of law! Alas, for the legal profession!

'Bail By Fire' By Adesina Ogunlana

THE LEARNED SQUIB

The Lord Jesus Christ, was amongst other things, a teacher. In fact, he is the Great Teacher. One of his numerous sayings or declarations goes thus-:
“ For the kingdom of God
suffereth violence
and the violent
taketh it by force."

Since many humanoids are fed or misfed with popular theology, which invariably is wrong theology, up till now many cannot understand the Lord's teaching. One big problem is that it is difficult for most people to see any compatibility or correlation between God, his Kingdom and violence.


However last week, precisely Wednesday the 5th of March 2008, a practical demonstration, exposition nay distillation of the Lord Christ’s teaching was forcefully, albeit sensationally made. The venue of the demonstration was the courtroom of Honourable Justice Shitta-Bey of the Lagos High Court.

Available information had it that, one Femi Omolewa and two others facing an armed robbery charge before the Shitta-Bey court have been in custody since 2001.
The prosecution of the matter was as usual in Lagos, slow and even tardy. It would appear that unlike some hardier citizens of Nigeria having rough romance with the law, Omolewa could not cope very well with the strains of life in long prison custody. Gradually, but surely, the man began to lose his marbles.

His state of health certainly disconcerting, made his counsel to bring up a bail application for him and his two other case mates.
However, it is one thing to prepare and file an application, it is another thing to move same in court. Yet another matter entirely for the application to be successful.

On the 5th of March, 2008, Omolewa’s application was successful. The court granted his wish and also that of his colleagues. They were all released on bail. Interestingly, the bail application was moved twice that same day before the same court and before the same judge - Shitta-Bey J. and the same application was equally granted twice by the court.
Let me explain the riddle here.

You see normally, it is counsel who move applications in court while their clients listen on. But in the instant case, it was Omolewa who moved the application by himself. That was the first application.
How did an ignorant accused person manage to do that?. He did it by the very expedience of taking his fate in his hands. Even before his case was called, Omolewa released an impressive, roof-shaking mooing in the name of a yawn. It was an indication of what was to come. When his case was called, Gentleman Omolewa did not observe the boring routine of entering the dock and standing docile while his fate was decided or determined between judge and counsel. Rather, he took strong, bold steps of faith towards the judge. He tried coming boldly to the Throne of Justice. He did not come gently and meekly and sweetly. Rather, he advanced noisily and violently.

With furious steps he charged towards the Daniel on the bench, hands outstretched, fingers pointing like a set of daggers and from his mouth came a thunder of a terrifying question - “You think you can suck my blood?"

That question was Omolewa’s way of moving his application by himself. And it worked. At the instant when Gentleman Omolewa showed he was ready to wreak havoc, that was the instant his application for bail received the court’s blessing.

By the time his lawyer was moved the application from the bar, it was a mere formality. The real deed had been done. While Omolewa’s counsel moved the application from the bar and by law and due process, Omolewa himself had already moved it from the dock and by fire!

Little wonder it worked like sure magic. It certainly proved the Lord Christ correct. Desperate maladies used desperate cures. But, it is a shame that accused persons could be driven so tightly against the wall that they have to imbibe the principle of “positive violence.”

What if Omolewa had got to the judge before his apprehension? Don’t even think about it.