Saturday, November 29, 2008

'Xavier's Tears' By Adesina Ogunlana

Xavier is my friend. My learned friend. The other day we were in court together. Before a High Court Judge. On the same side of a criminal matter we were, Xavier my friend.
That day in court, as had become ‘traditional’ the matter could not go on. It is one of those cases where mishaps collapse on bad-luck, before colliding with accidents and in an effort to be extricated from the web of complication bump into a bog, only to sink into a quagmire! In such cases, you have plenty of motion but no movement. You are almost in the same shoes of the proverbial man toiling with a basket to empty the ocean! All the stake-holders in such cases are caught in a blind and sometimes it takes miracles for them to get out of the woods.

The day in question, it soon became pretty clear that a Prince of Persia was still active in the case. Of course adjournment of the case was inevitable. The culprit, this time around, responsible for the delay was the prosecution. So it made all the necessary “supplications” to the court to grant an adjournment. The honourable court did not appear too impressed but had no choice than to grant the wish of the prosecution. In the interest of justice.

In the interest of justice the court could not just bless the prosecution’s desire without hearing from the defence. The Chief Priest started from me. “Yes Mr. Ogunlana?” I said one or two words – and sat down. Then the Chief Priest asked from my friend. My friend Xavier. Then Xavier did the unexpected. He went lachrymose. Come and see tears. Xavier wept. Wept, not from the eyes. His words were his tears, words of lamentation.

According to my friend – he had had enough of the jinxed case, where no progress had been made for about three years. However, it was not the stand still that made my friend cry out. It was the fact that “My lord, since 2004, I have been doing this case without getting a kobo. My client is poor. My lord if by the next adjourned date progress can’t still be made, I’ll respectfully apply to the honourable court to be allowed from further participation.”

If my friend Xavier had hoped for a judicial assent to his “Escape Route” proposition, he was mistaken. Sorely. The Judge said Xavier would have to see the case to the very end.
Clearly Xavier was in a fix. He earned everybody’s sympathy, except that of a particular gecko. This is what the gecko later told me after the case was adjourned.
“I wonder why you people were sympathising with a man who has decided to conduct his business contrary to the commands of the Bible. Or have you not heard of the Scripture that says “The labourer is worthy of his wages.” That scripture, if I need to tell you is the totality of the law and jurisprudence of contract. According to the Bible, it is the normal, proper, just thing for a labourer to collect, receive something in exchange for his labour, sweat. That something is called Wages. From whom does the labourer receive the Wages? From God? No. From his friends or relatives? No. From passers by? No. From good-Samaritans? No. From Caesar? No.
The labourer can only receive his wages from him that he gave his labour to. Elementary, a point you say? Too elementary if you ask me. A labourer, mind you, is not a slave. Also note that the Bible does not say a slave is entitled to wages. It is true that a slave labours, but he is not a labourer labouring for his own good. His exertions, his sweat, his productivity is for the benefit and progress of another man. While a labourer is a passenger in the vehicle of achievement, a slave is just the fuel and the wheel of the vehicle.

I wonder why you people were feeling sorry for Xavier. I can feel sorry for a slave – his status is compelled on him. But when a labourer freely converts himself into a slave, why shed tears for him. I looked at Xavier in the courtroom – he was thin and looked harried – the perfect picture of a slave. I looked at his client turned slave owner or master and he too looked his part - robust, even plump, soft, rounded and relaxed. And this is the man Xavier said was too poor to even pay a farthing for the services of a good, competent and dedicated lawyer! Eh, stop feeling sorry for Xavier. Stop feeling sorry for your self too. Just go and get smart. Do you want to stop being a slave – lawyer? Then, go and get a copy of a book called “UNDERSTANDING THE SECRETS OF SUCCESSFUL LAWYERS”The author’s name is “The First Gecko.” Lawyer slaves, go to the Gecko, and learn wisdom, jo!

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