Saturday, May 30, 2009

'Have You Heard?' By Adesina Ogunlana

The race is on
The race to the temple
The temple of justice

No, it’s not just any
Race to the temple
It’s a race to
Become masters,
Mistresses of the temple

They are running
They are sweating
They are groaning,
They are lobbying,
Struggling to
Become the Lords
Of the Manor

Lords of the
Manor?
Oh yes!
Milords, maladies
They’ll become.

Now they are
Humble,
Now they are
Gentle
Now they are
Friendly
Now they are
Smiling
Now they are
Nice
Now they are
Doves
Yes, for now!

But let them
Become
What they want to
Become
Then, you’ll
Appreciate better,
The wisdom of my
Fathers
Who said
“Ti won ba fe gba
Awin eba
Won a soju aanu,
Ti won ba yo tan
Won o doko olowo
Won”

Thursday, May 28, 2009

'Why the Brouhaha?' By Adesina Ogunlana

Is that how we are made? I mean, are human beings monopolists by nature? Is it always true as the Yorubas say Alakara ko fe eke lo miran din (The confectioneer wants a mono market) if it is true, then is it right? But can one say it is wrong when one cardinal law of Jehovah (who certainly is not God of only the Jews), is?
“Thou shall have no other God besides me? A commandment which many modern women have very easily adapted to read - Thou shall have no other wives besides me. To this law many husbands of the modern age have concurred with a liberal cache of salted away lovers. A lover you know is not necessarily a wife. I was reflecting along the lines above because of a certain recent development in the Nigerian Bar Association - opposition to the official registration with the C.A.C of proposed bodies of lawyer groups other than the NBA.
I wonder why the NBA has been opposing the registration of these other bodies in the light of the fundamental right of freedom of association, so clearly enshrined in our Constitution. At the Minna NEC meeting in November 2008 and the Oshogbo NEC meeting in February 2009, there were huge out-cries against efforts of certain promoters to register the Association or is it Society of Senior Advocates of Nigeria.
The main grouse of opponents of the proposed group is the fear that it will ultimately undermine the NBA and cause it to become irrelevant. Harsh words such as “wicked” “greedy” “selfish” were epithets freely hung as ornaments on the supporters of the proposed silks’ group.
At the Sokoto NEC meeting just last week, the General Secretary of the Bar, Ibrahim Edward, sorry, Eddy Mark told the gathering that there are some other groups of lawyers seeking registration.
Though there were one or two “silky” voices in support of the registration of these groups, a large percentage of attendees railed against the registration. As for me, I buy the pro-registration arguments of “Sis Funke” (Mrs. Funke Adekoya S.A.N). What the always comely silk contended at the meeting on the issue can be summoned as follows:
(1) The constitutional and fundamental rights of freedom of Association permits and very legally so the existence of special interest groups in the legal profession on account of its size.
(2) The NBA cannot cater for the varied special interests of her numerous members, or at least meet them as effectively as special interest groups, which of course are much smaller entities, and with narrower focus, can do.
(3) The special interest groups can become allies and partners of the NBA to achieve common goals under the monolithic umbrella of the NBA.
I think those opposed to the registration and existence of special interest groups are flying in the face of uncompromising reality.
For those who do not know, there is a law which states that “the bigger an organisation, the higher its chances of splintering into smaller units. And the splintering cannot be stopped. As the children of Oduduwa would say “Agidi or an Oogun o ran.”
I hope I am not being irreverent now but maybe the only major religion that has not splintered is the African Traditional Religion - and that only because abinitio, the faith is already “splintered” into one thousand and one deities and oracles, in a cosmogony that may be termed a confederacy of gods and goddesses with a weak centre of one central Almighty or Super Deity.
I respectfully submit that since the objects and aspirations of the special interest groups must be by far narrower than the NBA’s and can at best only complement the NBA’s, and furthermore since these special interest groups simply cannot have the muscle and stature of the NBA, there is nothing to fear about them.
Now more important, fear or like them, can any one, in the fall of the constitution prevail against the existence of any associations with lawful objects. I have prepared a list of prospective special interest groups of lawyers seeking for registration with the Company Affairs Commission. They are as follows:-
(1) Association of Pot-Bellied Lawyers (APBL)
(2) Perennially Pregnant Women Bar (PPWB)
(3) Lawyers-Without-Chambers Bar(LWCB)
(4) Nursing mothers/Fathers Bar Forum (NMBF)
(5) Militant Groups Counsel Bar (MGCB)
(6) Lawyers-In-Politics Bar (LIPB)
(7) Congress of (Happily and Unhappily) Married Lawyers (CHML)
(8) Landlord-Lawyers Bar (LLB)
(9) ‘Isi-Ewu’ Consumers Bar (IECB)
(10) Bar Against Further Use of Wigs and Gowns in Courts (LABAFUWGC)
(11) Preacher-Lawyers Bar (PLB)
(12) EFCC/ICPC Practitioners Bar (EIPB)
(13) Handicapped Nigerian Lawyers Bar (HNLB)
(14) University Law Lecturers Bar of Nigeria (ULLBN)
(15) Premiership Soccer Fanatics Bar Society (PSFBS)
(16) Lawyers Married To Lawyers Bar (LAMALAB)
(17) Association of Lawyers-In-Kidnap-Rich states (ALAKIRIS)
(18) Foreign Universities Trained Nigerian Lawyers’ Bar. (FUTNLB)
(19) Association of Locally-Trained-But-Foreign Based Nigerian Lawyers (ALOFBNL).
From all indications, it does not appear that the NBA can do any better than any of the above mentioned special interest groups in their various areas of interest. So why the brouhaha?

Saturday, May 16, 2009

'Settlement Blues' By Adesina Ogunlana

The story might not be true after all, but I have just finished reading it.
I have just finished reading a story about one Barrister Chima Ejekwolu, presently in the tangles of the law. According to the (newspaper) story, the counsel sent a mail to his client asking for some money to “settle” the EFCC which was treating a petition against alleged misappropriations of the funds of the clients of the lawyer.


The reaction of the client was not expected by the lawyer. What a ‘normal’ or do we say a ‘reasonable’ client would do in the face of such a request is (a) Accept and accede to the demand or (b) Refuse or and reject the demand or (c) accept the demand, but with modifications.

The normal client in category ‘A’ will be more than eager to supply the “settlement funds”. Such funds will actually get to the lawyer faster than his professional fees. As far as this client is concerned, Mr. lawyer is a “correct guy” a smart chap who knows his way about and can be relied upon to find solutions “sharp, sharp” to his problems. From my experience, at least 80% of clients will fall into this category.

Clients in category ‘B’, for any number of reasons, are not ‘settlement-compliant’. They quickly and openly express their disinterest in such “solution tactics” and only the most obdurate lawyer will like to press the point with them. Such ‘pure-heart’ clients cannot count for more than 2% of the community.

Clients in category ‘C’ are, of course, interested in settlement schemes. Like the people in category ‘A’, they believe and trust in the efficacy of ‘settlement’, the only problem is their rather lean-pocket. So they negotiate for a reduction in the quantum of the “sacrifice”. If they come to terms with counsel on this, the coast becomes clear. If negotiations fail however, well the scheme fails, becoming a case of the heart being willing but the pocket, unable!

About twenty percent of clients will fit into this category.
In the normal situation, the most difficult client, will only refuse to play along the settlement road and that would be all. Unfortunately in Ejekwolu’s case, the client was not normal. The gentleman not only refused to fund any settlement scheme but, went ahead to do the unthinkable-: reported the barrister to the very EFCC?

The rest, as they say, is history. Ejekwolu will soon be arraigned by the EFCC before a law court for allegedly trying to be a “correct guy”. I was not shocked at Ejekwolu client’s behaviour. The man is not from Nigeria or from West Africa or even from Africa. The man is a German. A German who obviously does not believe in the adage when in Rome, do as Romans do!

If indeed the allegation against Ejekwolu is true, you may not blame him too much. The route of “settlement” was the one tried by many of those senior wealthy and influential lawyers you see today in their various levels of “success” and “performance.”

'Partners?' By Adesina Ogunlana

Who is a partner? If you expect me to inquire the oracles of a dictionary for an answer, then you’ll be waiting for Godot.

Of course we all have a fair idea of who a partner is. A partner is one who is a part of a common enterprise with another. A partner is a contributor to the prosecution and achievement of particular goals. If the goal is conjugal you call him a spouse, when martial, you tag him comrade, when criminal you label him accomplice, when nationalistic, you dub him patriot, when romantic, you call him lover, when political or artistic or intellectual you deign him a collaborator, when sportish a mate. And so on, and so forth.
Many people especially lawyers like to imagine that the Bar, the general constituency of all legal practitioners and the Bench the occupational constituency of a tiny percentage of legal practitioners are not only partners but partners in progress.

But is this really true? Lawyers and Judges dress and talk alike. They share a common place of operation or theatre of action so to say – the court. Even more, they share in the use of a common professional currency – law. While one submits on it, the other interpretes it. The ultimate proof that lawyers and judges are birds of a feather, or beans of the same pod is the fact that they learnt their basic trade at the feet of the same sage – the Nigerian Law School.

When the Bar and the Bench meet officially, outside the court-room, it is common to hear sweet, sentiments of the alleged “indivisible bond” between the Bar and the Bench, and their mutual and symbiotic dependence on each other. Of course the deceit doesn’t end until the panjandrums of the Judiciary declare that “the Bar is the mother of the Bench” and, “no Bar, no Bench”. I call it deceit because, at least speaking from the background of my Lagos State experience. Since I started practicing in this State-City of Ologunkutere, Esugbayi-Eleko and Fashola and that’s not three days ago, the Bench has never treated, the bar at least in the most part and time as partners. Master-servant relationship is actually more like it.

Individually, the average or do I say, normal judge does not see himself any longer a lawyer. Worse, he sees himself as not only a superior being but in fact a much better human being than lawyers. Let’s face it, many judges forget they are indeed and in truth nothing more than “promoted lawyers”. As a group and in formal relationships with the Bar, the Lagos Judiciary has the custom, of considering and treating the Bar, at the best of times as a poor irksome cousin and at the worst and more common times, as a serf-subordinate, fit for slight consideration as a last resort.
Many judges live by different rules from lawyers. It is the judge who comes late, very late indeed sometimes to work and feels no qualms. If he eventually sits and still has the grace to make perfunctory excuses as to his lateness, he invariably expects to be applauded for doing what was only proper. Interestingly this sort of judges has no care or consideration when counsel come late to their courts. Even when counsel make profuse explanations and tender even the most pathetic apologies, the judges refuses to budge.
It is the very judge who without any notice to counsel fails to come to court, causing social and financial dislocation to counsel and their clients. Nobody asks the judge to pay any cost for his misdemeanor. But when a counsel is absent from court, then all hell is let loose, as the judge literally catches fire. Before long, dire threats are issued from the Bench “If by the next adjourned date-:…………

A judge finds it convenient to be rude, even out rightly abusive of counsel. Ha, after all he is judge. But can a lawyer do that?
If any body is still in any doubt about the contempt in which the Bench holds the Bar in Lagos State, he only needs to consider the age-long attitude of the Bench to the marking of the Annual Law Weeks of the Bars in Lagos State. Let me give the attitude of the Bench a name. It is this –“an attitude of deceptive non-reaction, quiet but potent sabotage.
When the bar holds her week, the bench in Lagos State no matter the level of invitation behaves largely dumb and deaf, giving the distinct impression that she is not aware of the celebration of the bar. So judges and magistrates fix dates regardless of the programmes of the bar. Out of about nearly two hundred judges and magistrates in the State, the bar cannot hope to get even a tenth of that number of judex to attend their programmes. Partners indeed!

Of course because the courts do not consider the bar in her week, such celebration often record low attendance of even the lawyers themselves as a good majority troop to the courts, to satisfy their clients and for their daily bread. At the Dinner of the Ikeja Bar last week, at the Sheraton Hotel, I saw two out of the three heads of the state government at the occasion. No prize for guessing right, the absent one-the Chief Judge of course! As if that was not enough, of all the 50 judges of the State High Court and God knows the numbers of the judges at the Federal High court Lagos State division, only one and one only turned up at the dinner. And this judge, well understandably was once a chairman of the Lagos Bar. Little wonder, then!

And they say we are partners!

'I Suspect Uwais' By Adesina Ogunlana

Yes I suspect him, Uwais that is. I suspect Mohammed Lawal Uwais. By the way how many other Uwaises have we, apart from Uwais, formerly of the Supreme Court. Formerly the Chief Judge of Nigeria.
I suspect Uwais, because the good book says “By their fruits you shall know them”. And I am aware that an English adage exists which declares as follows:- show me your friends and I will tell you who you are. Indeed the Anglo-Saxon have another similar adage which proclaims- “Birds of a feather flock together”.
I suspect Uwais. He looks gentle and talks softly, but I am not fooled. Others may be. Yes he is from the North, where radicals, agitators are as common as palm wine in Buckingham palace.
Yes he stayed an incredible twenty seven years in the Supreme Court and for almost as many of these years remained anonymous as just another judicial cardinal, but am I fooled?
I suspect Uwais. Yes he does not eat fire and does not spilt fire. There is no thunder in his voice, neither does he emit smoke. Will you see him with the red little book? No. Could he have participated in the storming of the Bastilles? No?
I know he could never have been in places like the Ogoni’s Kaaima’s declaration or Emuke (M.K.O) Abiola’s epetedo declaration. Nonetheless I distrust him no less.
I suspect Uwais. Yes he is no man to be seen at Ralhes and you will sooner label an angel a militant or an insurgent them Uwais. But I tell you, you need to watch the man.
I suspect Uwais. People say he cannot get past stanza I of the universal Anthem of all “Aluta” cadres-“Solidarity Forever” before getting lost in the musical woods of ‘struggle’ yet I am not impressed.
I suspect Uwais. What’s manner of a dove do you see flying smugly in the company of hawks? Beware of such doves. What manner of lambs, do you see frolic endlessly with solves?
I suspect Uwais. And I have been taking notice of him, for some years now. He is particularly interested in the programmes and events of the most radical, progressive and dynamic branch of the NBA. And don’t mention Gani Fawehinmi, you can be sure Uwais will be there.
Last week, Wednesday, I was at the very important chambers of Abdul Ganiyu Fawehinmi. There were about a hundred other persons there. They all came for the birthday party of Gani and book presentation about the same icon. Gani himself was not there. I saw interesting characters like the disunited duo of Dr. Frederick Fasheun and the now chubby faced Gani Adams, both of the Oodua Peoples’ Congress, on the high table.
Chief among these tasty characters was M.L. Uwais. He was, indeed the chairman of the occasion looking very much at ease.
Still waters run deep indeed. Jesus, the Christ had his Joseph. Not Joseph, his mother’s husband. Joseph of Arimathea. It was this same Uwais who was giving an assignment to look into our electoral laws what gentle Uwais ended up with is a bomb that is giving his employers’ gamboling head-ache.
But it serve his employers right. A man must always pay for his follies. Why should any sensible establishment give such a delicate job of reformation of redesigning of conduct of the methodology of gaining political power to a strong ally of the No1 anti-establishment figure-Gani-Fawehinmi?
I suspect Uwais. He was in the Supreme Court when that court saved Gani from economic rain in his epic legal battle with military chiefs, Halilu Akilu and Tunde Togun? And was it not in the reign of Uwais as Chief Justice of Nigeria that Gani eventually became a Senior Advocate of Nigeria.
Honestly, I suspect Uwais. I suspect that he is one of them. Them radicals. Them patriots.

'Why Evil Thrives' By Adesina Ogunlana

Why does evil thrive? There are many answers to this question but one real reason I know is this:- Evil can only thrive in good soil. I am talking now like the son of a farmer that I am. By the way, my dad, daddy 1 still farms at his ‘etile’ farm at 83.

Evil is a seed. Like any seed it needs a conductive environment, to wit appropriate soil, fertilisers, sun-light, moisture, absence of bullying weeds etc to grow well and bear bountiful fruits.


In the absence of a conducive atmosphere, supportive of aspirations to bloom, then evil wallowing in lack, will wilt, wither and waste. I bet you anywhere you see evil thriving, strutting confidently and shamefully about, you can be sure that, it has received fat and active support at inception.

There is a famous quotation that evil thrives, when good men keep silent. On the surface, that statement looks quite reasonable and unassailable. But I tell you, that statement is false and a mis-representation of the true facts and realities of life.

You see good men, if indeed they are so, cannot keep quiet in the presence of evil. If you drop a paste of pepper and tomato in frying oil, the oil cannot keep sealed lips. It will yell and scream its annoyance. If a deer dares a dance in front of an unchained tiger, you can be sure that the cat will not be nodding its head in appreciation.

Evil and goodness are neither friends nor relatives. They are foes, irreconcilable enemies that irritate, antagonise and necessarily activate each other to different and opposite directions. But sometimes men mistake some members of the Brotherhood of Evil as members of the Society of the Good. This is what I mean, when evil is committed or being perpetrated, the focus is on those I call the Section 7(a) performers- the actual doers. Their aiders and abettors even counselors are not easily known because they wear cloaks of silence and visage of gentility. These are folks, who when they hear Evil, they keep quiet. When they see Evil, they keep even more silent, when they sense Evil, they shrug and when they smell Evil, they grow dumb.

But when they see and hear that evil is apprehended and justly punished, they receive instant deliverance from their afflictions of deafness, blindness and muteness. They holler, they even cry and shed tears over the plight of the wicked receiving his just deserts. They become apostle of mercy, forgiving spirit and emergency espousal of the principles of not rewarding Evil with Evil.

In effect many so called good men, who cause evil to thrive, by their silence in the face of evil, are actually fake good men. In truth and in light, they are Evil. In such a group or community of people, the truly good are in the minority.

Verily then I say unto you, Evil can only thrive where and when Evil is in the majority, a comfortable majority for that matter.
I was inclined on this line of thought by the reactions of some readers of our recent story in the Squib that a new wig wrongly and unlawfully appropriated a tailored and configured piece of textile materials of another lawyer.

The class of readers I refer to above appeared to be more concerned that the identity of the purloiner was exposed to “the whole world” and the possible ruination of his career than the sordidness of his ugly and professionally unacceptable behaviour. Thus they accused the Squib Editor of “wickedness” callousness and even treachery. However the questions these “good men” could not answer was:
Should a thief be a lawyer?
Or put another way,
Should a lawyer be a thief?

Sotuminu: Doctor of What Laws? By Adesina Ogunlana

About two months ago, a friend, a learned friend, in the premises of the Ikeja High Court, informed me of the (then) recent elevation of Ibitola Adebisi Sotuminu former Chief Judge of Lagos State into the pantheon of intellectual gods. The information came in a rather oblique manner. It went thus:

Learned friend: Squib, congratulation, on your wife’s elevation. When are you celebrating it?
Learned friend: My wife? What celebrations?
Learned friend: Stop pretending we all read about it in the papers, the conferment of an LLD Honoris Causa on (Justice) Sotuminu, last week.

I was taken aback by the news, but did not grant the shock I felt a podium to display its presence. You know of course as I do that it will be a serious breach of protocol for an inamorato to be seen, in public, displaying facial signs of disapproval of his supposed inamorata’s success.
Interestingly, quite a lot of people like to refer to Sotuminu C.J as my wife. A rather preposterous idea, if you ask me, but the wifehood tag has stuck with me or do we say, with us.
The reality however is that I am no fan of the former Lagos State Chief Judge and I will be flabbergasted to know she ever had any tender feelings for me. Of course that was, and still is, an impossibility. All true Squibbers know why “my wife” and I differ-Squib.
You may call me jaundiced but I will talk straight and true, Ibitola Sotuminu CJ (as she then was and never be again) does not deserve such rich honours of the award of a LLD Honours Causa from any citadel of learning, worth its salt.


Round pegs should be put in round holes and honours should be give, not to every Tom, Dick and Harry, but to whosoever it is due.
One will really like to know way the Lagos State University (LASU) decided to put such a big crown of intellectualism on Sotuminu’s head?
The question is important, considering the fact that in all her long years of stewardship in judicial positions (from March 1969-March 2004) she exhibited no mental majesty. In simple language, as a judge (and she was on the bench for a total of thirty five years), even her greatest sympathizers will not attribute intellectualism to Sotuminu J. Indeed if the truth were told, perspicacity-wise, she was a very ordinary judge, with no outstanding grasp of jurisprudence of laws or even mere laws of jurisprudence.

I challenge anybody to show even the slightest proof to the contrary! Thus to me conferring an LLD Honours Causa on such an intellectual low-lifer is as ridiculous as rating Lagos State University, itself the best tertiary institution in the world!

I have heard of some other legal practitioners who had had similar Honours bestowed on them. Obafemi Awolowo was one. Taslim Elias was another. Gani Fawehinmi is also one. Bola Ajibola, is yet another one. Ladies and gentlemen, don’t’ say, oh what a wicked boy, but I ask you, “is it right and proper that, “my wife” should be listed in the company of such titans?”

LASU (unfortunately my alma mater) should be carpeted for daring to ‘spoil’ Sotuminu with such a hugely underserved title and award. The conferment is an insult to the legal profession in general and to the Judiciary in particular general. This, because the conferment is tantamount to saying that Sotuminu is one of the best and brightest minds in the legal profession, whereas her verifiable performance indicate the stark opposite, or near opposite. And it must not be forgotten that before she hurriedly retired from the office of chief judge in 2004 at least 22 of her judges wrote a petition, against her to the National Judicial Council questioning and financial integrity and the handling of NJC funds meant for the maintenance of various high courts. Such a petition was unprecedented.

And, LASU, too should be ashamed of herself, for honouring quite a wrong person so greatly. Or does it mean, that the University saw no better candidates for the big honour? That of course is just not possible. Cry, then, the beloved School!