'The 1st Law of Advocacy' By Adesina Ogunlana

Only last week, I was told the story of a lawyer who came across a fabulous sum of money, two hundred and fifty million naira, precisely but chose not to pick it up. Rather he returned the big find to the owner.

How did the lawyer come across the dough? And why did not appropriate it? You know when we were young oldies used to warn kiddies not to pick up money, biscuits, etc they happened to come across to avoid turning into a cat, rat, goat or even spider! The adult drummed it in that freebies were oft times deadly traps to catch the foolish and the greedy.

The lawyer of my story came across the money, just there for him for the taking, is he, as I was reliably informed, was prepared to take up a particular matter at the Supreme Court on behalf of the state of Aquatic splendor.
When the lawyer assessed the merit quotient of the case, he declined to get involved. According to my source, the gentleman said it was not in his character to go to court to defend unarguable points of law! But we are talking of 250 million naira here, pressed the “offerors” but our man would not budge.

The hero of this story is surely a rare bird. The average wig and gown person, does not possess such reserve or sterling integrity; he is rather Barrister Cash and Carry.

Like the fellow, I saw on Thursday at the Panel 2 of the Court of Appeal Lagos. This lawyer came to the Court of Appeal, to stay the execution of a consent judgement! It was a miserable landlord/tenant matter.

It was also a miserable day for Mr. Appellant’s Counsel as he had no answer to the serious allegation of the respondent’s counsel that he was only in court to use the very temple of justice to achieve legal and moral injustice!

Trust the Court of Appeal, Lagos to descend like a ton of bricks on Mr. Appellant’s Counsel. This embarrassment grew by the minute as the Court thrashed him, first, for wrong procedural steps and then secondly for wrong professional steps in asking for any help from the court. As the hard strokes fell, Mr. Appellant’s Counsel looked more forlorn than a rain soaked chicken! At the end of the day, he went home with an expense sheet of N20,000.00 costs hanging on his client’s neck!

If you ask me, the first and last virtues of a legal practitioner is  - DECENCY! Any decent human being is a beautiful sight to behold, know and meet. But it’s especially more so when homo sapiens turns out to be legal practitioner.

The decent lawyer is fanatical about building and maintaining a good and exemplary character. And he can find that easy when he has no regard whatsoever for filthy lucre but is rather pre-occupied with the correct moral of the case.

Is anyone scoffing at morality as a factor in practicing the law? Such should know that every law is a processed morality and is calculated to achieve or maintain a moral height.

Tell me, if you are lost here. Then I will know for sure that you are a lawyer with an absent conscience. Too bad!

'UPPERCRUSTISM' By Adesina Ogunlana

I bet you wonder at the heading here – ‘Uppercrustism.’ Probably you did a double take – Uppercrustism? Gosh, ‘wazdat’ in the name of the Queen of England?

You may think you’ve just come across a stretchy unit of (perhaps) jaw-breaking balderdash but I assure you, you actually know what Uppercrustism means.

I concede however that you may not know that you know that you do not know that you know! Ha, ha ha!

Uppercrustism, oh yes, that’s what we are talking about here. Not ‘Uppercutism.’ That’s another word for another day. Well let’s get down to the business of unraveling the meaning of the sensation – Uppercrustism; though I seriously doubt whether its meaning needs any special perspicacity for appreciation.

The reason is obvious - you see, Uppercrustism is clearly everywhere. Everywhere, as in, everywhere. It is a socio-political principle of life. A rigid, narrow position that does not submit to the populism or egalitarianism of say perhaps Jeremy Bentham or the idealism of Democracy.


The Christ, the true coin from Bethlehem said He came to give life and life more abundantly – apparently to anybody who cared to come to him.


The Uppercrustist however says, “I have come to give the good life, to only a few (those in my class) and the good life more abundantly to only a few (those in my class).


Analysts often say the chiefest problem of this country is corruption, but a more deadly poison ravaging the country’s system is ‘Uppercrustism.’


As a political philosophy, Uppercrustism does not believe that it is good, necessary or worth the while of those charged or self charged with the community administration to look out for the good of the majority of the people.


As far as the Uppercrustist is concerned, there are only two classes in the society, the SUCKED and the SUCKER. The sucked are the vast majority and they live only for the comfort of the suckers.


The sweat of the sucked, their tax, their labour and indeed their very blood is taken from them and converted to royal nectar to feed the fat cat class of suckers.


The SUCKED never control the levers and powers of community governance. They are literally the scum of the earth – the artisans, the petty traders, the shopkeepers, the low level civil servants; perpetually sentenced to living out their lives from hand to mouth.


Government always belongs to the SUCKERS. They are the ones that the Prophet Samuel of the Holy Bible had in mind when he said, “Your king would take the best of your estate, your wives, your oil, your daughters would be his concubines and your sons would be his servants and soldiers.”


The Uppercrustists are not without the milk of human kindness, nor are they strangers to providing benefits. But their kindness is not the Managing Director of MUNIFICENCE UNLIMITED or the Chief Executive Officer of BENTHAM INCORPORATED.


The Uppercrustists distribute the commonwealth, to only the uncommon people:- members of their class; they take care of their ilk, splendidly, very marvelously.


To prove this point, I only need cite one example. Nothing farfetched or brought forth from a distant far. Last week Thursday, the Lagos State Governor came to a certain road in Ikoyi, Lagos called Bourdillon Avenue. It was not a pleasure trip for H.E. He came to present five newly completed houses to the Lagos State Judiciary.


The houses were smart, sweet, grand, and cute, almost to the point of classical exoticness or exotic classicalism. If a poor man, a permanent member of the holloi polloi club of all round poverty achieves the Rapture of the Bible and lands in any of the Ikoyi houses, Heaven will forgive him should he mistake the houses as a portion of the much awaited PARADISE! Walahi! And if he was told he was still very much on the planet earth, then he would simply apply to be allowed a stay-put; there is no point seeking for any other paradise!


Each of those houses, were it to be sold, would fetch no less than two hundred million naira. I said the houses were built by the Lagos State Government and handed over to the State Judiciary. Now who do you think the Judiciary would hand over the houses to?


Your guess is as good as mine. You know such paradise copies will not go to court registrars, court clerks, registry officials, typists, secretaries, drivers, sheriffs, etc. Who as they say, “dash monkey banana?”


The recipients are judges. As far as I know Lagos State High Court judges number only about 55 while the other category of workers of the High Court are as I learnt, over a thousand.


On each of the 55 judges, even including retired ones, the Government sees nothing wrong in spending hundreds of millions of naira by providing “befitting salaries,” “befitting modes of transport,” “befitting houses,” “befitting wardrobe allowances,” “befitting medical expenses,” which in truth means that the Government maintains the judges in very comfortable circumstances of life.


The question we need to ask ourselves is – why should people holding political, legislative and judicial posts earn salaries and remunerations like spoilt princes and live life like potentates? Why should working for Government in a country of mass poverty, mass unemployment, mass illiteracy, etc., now become an avenue for a life of luxurious comfortability?


Why is nobody thinking of putting aside a sum like five hundred million naira specially and specifically for the junior workers of the Judiciary?


During the famous 9 day strike in January 2012, against the removal of fuel subsidy, a protester bore a protest message which read thus: “one day, the poor will have nothing to eat but the rich.”


That message was no joke. Very real. Let Uppercrustists beware and start a meaningful and transparent spread of the commonwealth to all and sundry. To avoid a terrible back-lash in the near future.


“A word is enough for the wise.”

ACTION, PLEASE By Adesina Ogunlana

Do you know our President? Before you rush in an answer, care to ask which of the presidents? This is so because presidents present themselves plenteously in our country.

NOW THAT THE RACE IS ON AGAIN By Adesina Ogunlana

Don't tell me you never knew. Never knew that the race...to become a Judge of the Lagos State High Court is on.

MEETING GOVERNOR FASHOLA - WITH LETTER OF PROTEST

On 20th January 2012, NBA Ikeja branch members were received by Governor Babatunde Raji Fashola S.A.N and the Lagos State Attorney-General & Commissioner for Justice, Mr. Ade Ipaye.

The branch chairman, Adebamigbe Omole on behalf of the branch first commiserated with Governor Fashola on the recent loss of his uncle and then stated its concerns: embarrassing developments in Lagos State - specifically the presence of soldiers on its streets which was a breach of the fundamental rights of the people and which was uncalled for, there being no state of emergency to warrant their (soldiers) presence and so something had to be done.
Branch Chairman Omole, a senior branch member - Mr. Femi Falana and the branch’s General Secretary, Adesina Ogunlana then presented the Letter of Protest to Governor Fashola. Thanking the Bar for coming, the Governor stated that he had written to the President on the matter. He said politicians must learn to tolerate criticism of their policies and that the story about the soldiers being members of Operation MESA (a team created and funded by the Lagos State Government) was untrue. “Operation MESA does not occupy streets and they go about their duties in their branded vehicles, “ he stated. Governor Fashola added that Lagos state was doing something about the situation and people should remain calm and peaceful that the people of Lagos had fought and won many battles and this would be no different.

NBA IKEJA FUEL PRICE HIKE PROTEST

THE PROTEST CONTINUES! LAWYERS PLEASE ASSEMBLE AT THE IKEJA HIGH COURT ON TUESDAY 10TH JANUARY 2012 BY 7A.M.

"Squib and Her "Customers"' By Adesina Ogunlana

http://www.squibcoverstory.blogspot.com/2011/11/federal-high-court-ikeja-rotten.html





Since inception in March 2001 the Squib has known five Chief Judges of the Lagos State High Court. Our very first “customer” was Christopher Segun J. the Squib was in its earliest infancy then, merely a four-page sheet, selling for, was not just N20? It would’t be a surprise if when Segun left office in May 2001, he never heard of or cared much about the Squib.


Our second “customer” Ibitola Sotiminu J. (2001 to 2004) turned out to be a god-sent promoter for the Squib. This honourable Chief came to power May 2001 and by September of that same year had become very uncomfortable with us. Our searching, investigative range and the scorching reportorial style, not to talk of our irreverent and defiant posture greatly irked this Chief Judge who vowed that the Squib must be squashed at all cost.


This resolve manifested in the ban of the sale of the Squib in the premises of Lagos State Courts. ( Pls click link below to read)


http://adesinaogunlana.blogspot.com/2007/12/lawyer-takes-on-lagos-judiciary.html
 

The numerous police arrests and detentions of the Squib vendors and finally the laying of a complaint against the First Gecko, Editor of the magazine for “professional misconduct as a lawyer” before the Nigerian Bar Association, which by special arrangement found merit in the spurious allegations and referred the First Gecko for trial before the Disciplinary Committee of the Body of Benchers. The said trial lasted from 2003 to 2009 before it fizzled out, even though it never actually got started despite several appearances of the First Gecko and his mighty defence shield, the venerable Daddy 3. [more on daddy 3 in brackets below]

(http://learnedsquib.blogspot.com/2008/01/memoirs-of-daddy-3-by-adesina-ogunlana_15.html)


Our third “customer” was Fatai Adeyinka J. he came to power as honourable Chief Judge in April 2004 and left in August of the same year. He inherited a full blown war of the Lagos State Judiciary with the Squib but the man simply lacked the will to join the fray.


The third customer just kept his peace and buried his head while the Squib was peppering him over all manner of revelations of corrupt dealings of his administration.


Our fourth “customer” and so far the longest reigning, was Augustine Adetula Alabi a.k.a Ade Alabi (2004 – 2009). At first Alabi wanted peace with the Squib but on the condition that the Squib should compromise her editorial thrust and range. It was a desire that could not meet with any satisfaction or success.


Deceptively amiable, even affable, the 4th customer was not comfortable with the Squib’s unrepentant, trenchant penchant for calling a spade just that. And after two years of stomaching the Squib’s ‘wahala,’ the now best forgotten Chief Judge rose up to the challenge of continuing the war that Sotuminu J. started against us. However, try as much as he did, in collaboration with Dele-Oye of the Oceanicbankceciliaibru fame, the First Gecko’s prosecutor before the Disciplinary Committee, Alabi who is reportedly now a big-time hotelier in is Ido-Ani province of Ondo State, failed woefully to overpower the Squib. He left the throne with the distasteful reputation of a smelly banger among many Lagos Judiciary workers!


Our fifth “customer” is Inumidun Akande J. this is one Chief Judge who has turned a huge surprise to many people. As a judge, Akande was ordinary. But as Chief Judge, she has turned something else. Positively something else. She has become extra-ordinary. But that’s a story for another day, for fuller telling.


In our interactions with her administration, we found out that, she is accessible and genuinely respects what we stand for – responsible conduct in the Bar and on the Bench. I suspect that her identification with the Squib is because she is a kindred spirit – a boat rocker, if not necessarily a radical albeit mellowed by age and structured by a civil service career life.


This fifth customer is far, by far different from her four predecessors. So if we don’t fight her, it is because she has given us no platform to direct fire at her position.


Respect begets respect. There has been no time the Squib complains to the 5th customer that she ignores it. Now that’s very important and smart, not seeing the Squib as foe but treating her as a partner in progress, even though the Squib’s agitational journalism gives her the occasional shakes too.


I believe that by the time this edition hits the stands, the Lagos State Judiciary’s cheque or draft for one Mr. Omoniyi Falaiye would have reached him or his counsel.


Oh, I have lost you? Who is Omoniyi Falaiye and what’s the relevance of bring him into the picture?


One day the First Gecko will speak about him and why the 5th customer, if her ladyship does not change, will not join the leagues of leagues of former Chief Judges who cannot stroll in, into their former ‘empires’ at will, after retirement.


Eni se rere


Ko ma se lo


Eni se ka


Ko ma se bo


Ati re, ati ika


Ikan ki gbe!



http://www.adesinaogunlana.blogspot.com/2007/12/playing-abacha-tyrant.html

'A Lesson From Agbako' By Adesina Ogunlana

A few weeks ago we learnt from the newspapers of an interesting but tragic drama at the election petition case of the Congress for Progressive Change (CPC) against the President Goodluck “I am not a lion” Jonathan.


According to the papers the counsel to the CPC led two of his witnesses in evidence and had them cross-examined. The first witness was the chairman of the CPC. The second was the General Secretary.


As we all know, since 2007, the front loading of evidence method has been applied to election petition cases. With this method, a witness does not give oral evidence in court – his story would have been written down in a sworn deposition and submitted to the court and the adverse party.


The witness only need adopt the sworn deposition at trial as his document and presto, his examination-in-chief finishes. What follows is the cross-examination.


According to the papers, the statement adopted by the Chairman as his was actually the Secretary’s while the statement adopted by the Secretary as his was actually authored by the chairman.


These statements had been tendered and cross-examination had started in earnest when the CPC counsel realized the serious mix-up.


At this stage, counsel to the CPC applied for a withdrawal of the two documents tendered mistakenly through wrong persons.


Up sprang Chief Wole Olanipekun S.A.N the counsel to President Jonathan in opposition to the CPC application. The tribunal ruled in favour of Olanipekun.


I wondered at a lot of things in the above narrated case. One, why and how did the counsel to the CPC make the mistake of presenting wrong documents to wrong witnesses?


Two, why did the Chairman and the Secretary of the CPC “blindly” adopt statements not of their making?


Three,why did Chief Olanipekun oppose the application of the CPC to mend the regrettable error that had occurred? Could it be because the learned silk is merely a S.A.N (Senior Advocate of Nigeria awardee) and not a B.P.A (Best Practices Advocate awardee).


Four, why did the court reject the application of the C.P.C? Is that stance promotional of real justice in the case, or is it that the laws of evidence in Nigeria and the rules are rigid and inexorably so, like the laws of the Medes and Persia?


Five, would it not have been much more honourable and in accordance with the ethics of our much touted “noble profession” for President Jonathan’s lawyers not to oppose the C.P.C’s lawyer’s application since the factor of pure human error and inadvertence was at work?


Thinking about this case, reminded me of an incident in the famous Yoruba Classic, Ogboju Ode Ninu Igbo Irumale by D.O. Fagunwa. In that story, Akara-Ogun the hero/protagonist,a doughty hunter was in a sure do or die wrestling contest with a fierce daemon ; Agbako (Calamity).


In the heat of the violent confrontation and much to his dismay, Akara-Ogun had his fighting hand or the very cutlass cut into two. Surely that was the end?


No! for Agbako merely took up the severed part, spat on it and joined it to the remainder and immediately both parts became whole again! ‘Now let’s continue the fight,’ said Agbako.


If, and I say so again, if a daemon could be so chivalrous in dire battle, why was such a height unattainable by Chief Wole Olanipekun S.A.N and his other colleagues, all believed in and paraded about in many quarters as about the best crop of Nigerian lawyers of this era, in the matter in question?

'When Guns Boom' By Adesina Ogunlana

…UPDATE ON



MOOD JUST BEFORE RECENT NBA CONFERENCE IN PORT-HARCOURT






I am not too sure now, who first observed that “when guns boom, laws are silent.” However I doubt whether any reasonable person will fault the merit in that truly chilly statement. When guns boom.


A gun is a terror. An instrument of execution, and death. It is a symbol of not just power but of terror. An agent of death. A terminator. So you don’t joke with a gun, except maybe it is a “toy gun.”


Now when such a “statute” of coercion booms (not merely talks), it is power, raw naked power that is on the podium and who dares not listen? In fact the wiser, the more learned you are, the quieter you become. When guns boom.


When guns boom, that is might ‘manifesting.’ Overwhelming might, before whom or what nothing can stand, including law. Interestingly, both Might and Law share one characteristic – they are regulators.


They regulate differently though the Law expects to be obeyed. It doesn’t shout, it only exists. Its majesty is supposed to be self evident. Might is no way like that; it trumpets, sorry, it screams, it roars. It compels obedience on its own nasty terms of pain, agony and brutality, and is often swift. When guns boom.


Law involves the niceties of procedure to ensure the decency of legitimacy and satisfy the etiquettes of (legal) Justice. Of course with the Law on the throne, Right, as understood and accepted by Reason is Might.


The booming of guns finds the above very distasteful for it achieves its purpose in the fury of violence. A very rough situation it is, I tell you. When guns boom.


In such a situation, legality flows through the barrel of the gun. Law and her minions, automatically take a dive or as we say here in these shores, “run for cover.”


The fear or do I say respect or even reverence for “Rampaging Might,” I can authoritatively declare to you as the “First Gecko,” is the reason why some lawyers are not going for the Port-Harcourt Conference.


Such Lawyers strongly believe that Port-Harcourt has at least two Governors – Rotimi Amaechi and wait for this – KIDNAPPERS! They contend that Port-Harcourt is a place where guns are booming and as such, is a place where “Might is very much Right.”


A concerned colleague told me that since Kidnappers in Port-Harcourt could go after ‘allowee’ dependent Youth Corps members, it is too sure that they will be interested in snatching away Lawyers.


Now you wonder, if Nigerian lawyers are scared of attending their conference in Port-Harcourt and even more scared of visits to the Upper Reaches of the River Niger, then what can one expect of foreign investors, industrialists and tourists?


My take is that, the legal profession should be very concerned about the state of security in Nigeria, so that Law will not be silent.


Of course when the Law is silent in the face of booming guns, Lawyers too keep mum. And you know what that means. Lawyers go hungry, lose value…when guns boom.

WHY 'PARAPO' LAWYERS ASSOCIATIONS? By Adesina Ogunlana

The freedom of association is guaranteed and enshrined in the Constitution of Nigeria. So everybody is free to belong voluntarily to bodies of like-minded individuals.


Of course, humans are not lone rangers like snakes. Serpents enjoy the solitary existence, but not the Homo sapiens. The lone ranger is often viewed with suspicion and generally regarded as a bad or wicked type for the shared life, is the normal life in the society of men.


There are some legal restrictions however to the right of association. Generally the law frowns on people associating together for criminal or clandestine purposes.


But is it all that is lawful that is expedient? It was Paul the Great Apostle of the Christian faith that answered that question in the negative.


I am not always in tandem with the Pauline perspectives but on this score, I agree. Look at an association on Nigerian Lawyers, based strictly and only on ethnic (read tribal) basis. Only last week, I came across a group of lawyers. They were having a meeting and I simply found out that I couldn’t participate in their deliberations.


Were they massed together to discuss issues of law, or of the profession or of the Bar? Were they holding the meeting to discuss burning national issues?


I doubt very much. For if the answer was “Yes,” I surely would have been in a position to belong.


The fact however is that I simply could not or ever become a member. Yet I am a Nigerian citizen like them. Yet I am as educated as they are and share at least one profession (law) with them. Yet I know a number of them very well, in fact almost too well. In fact, they all shook hands with me while we exchanged pleasantries.


All these shared attributes however counted for nothing, because, they did not share ETHNICITY with me. They were Igbos while I am and still remain Yoruba.


Now interestingly it is not enough to be an Igbo person for you to qualify as a member of that particular group. If you an an Igbo but from Anambra, Imo, Abia, Enugu, will still fail to scale the membership hurdle.


Do you get my point at all? Our case in Nigeria, especially with the so called elites, the crème de la crème of society who pride themselves on self attributed ‘sophistication,’ education “enlightenment,” is sadly the case of taking an Indian from the bush and not taking the bush from the Indian.


My respective view is that if this our allegedly dear country will ever attain even half of its huge potentials then freedom from the shackles of ethnic or tribal aggregations, is one of the major battles that must be won.


The more we persist in thinking ‘tribe’ the less we must think of the Nation and transforming from being merely an aggregation of ethnicities.


Thinking ethnic, going ethnic and acting ethnic is cheap and a purported short cut for getting a good deal from the nation.


Artisans, farmers, drivers, rural folk and the uneducated mass may think ‘tribe’ but certainly not lawyers?


Pray, what is the meaning of “Kaduna State Lawyers,” “Oyo State Lawyers,” “Federal Capital Territory Lawyers,” “Ebonyi State Lawyers?” What do such bodies hope to achieve? Did any Nigerian Lawyer graduate from a state Law School?


Lawyers are the salt of the earth and must be the most progressive elements in their communities. But if we will organize based on tribal affiliations, it is simply too bad.


Is it not better to organize on moral, ethical or professional basis? We are in the new millennium, why still think with the mentality of pre-republican Nigeria?


A lawyer must be able to interact with his other colleagues and not be pushed away because he does not speak one tongue or the other.


Such realities are a shame.


‘Parapo’ lawyers’ associations, disband!

'Unbecoming' By Adesina Ogunlana

I was at an Ikeja High Court, last week Thursday. Precisely Honourable Justice Kayode Ogunmekan’s court and I was disturbed the way the proceedings in a particular matter went.


It was a criminal matter and the prosecutor or the stand-in-prosecutor was a young state counsel. Given the very weak and untenable answers the barrister gave to the many sharp questions of the judge (obviously irritated by the apparent sloppiness of the prosecutor), it is correct to say, that the prosecutor was just “fumbling and wombling” through his work.


Well, many defence counsel have come to know that the trade mark of the prosecutors from the office of Director of Public Prosecution, Lagos State is to ensure that Justice proceeds at snail speed.


They almost always have problems producing their witness as at when due or at all. Yet they vigorously and automatically oppose the grant of bail or any thing that can ensure freedom for accused persons. I may be wrong but I think that the “normal” state counsel prosecutor sees an accused person as a yet to be convicted convict.


Sadly, most judges handling criminal cases indulge these state counsel all manners of latitude. A defence counsel may combine the erudition of a Cicero with the sagacity of a Denning and on top of it join the forcefulness of a Gani Fawehinmi yet what he hears at the end of the day is “Matter is hereby adjourned till xyz 2011 to enable the prosecution call its witness.”


One of the rare exceptions on the Bench to the often bewildering entertainment of poor and lazy prosecution from the D.P.P’s office is Justice Kayode Ogunmekan. She is one judge who does not allow state counsel feel that they can say or do as they like in her court and get away with it.


In fact, I have learnt that many of them in the office of the D.P.P. hate to be sent to the Kayode Ogunmekan’s court for prosecution, claiming that they will suffer persecution there.


However with due respect to the Honourable Judge, I must beg to disagree with the white-wash his lordship gave the affected state counsel on 23rd of June 2011. It was unnecessary and unbecoming.


At least twice, I heard the honourable judge shouting at the barrister to the hearing of all (and there were about fifteen lawyers and twenty five litigants) to “shut up.” At a point the infuriated judge, again raised her voice to reprimand the lawyer “Can’t you use your common sense?” It was as if the lawyer was a naughty kindergarten kid being ticked off by a school mistress.


I am sure all the lawyers there in court were very embarrassed. This is because, a judge we all know should be in control of her temper and by extension her tongue and should not be rude and abusive to counsel, for by so doing, the dignity, nay nobility of the high office of judge is seriously lowered and very open to debasement from the involved counsel who could be irked or provoked to give “tit for tat” to the judge, turning every thing pronto into “bolekaja” or “roforofo fight.”


I am sure even new wigs have heard the story of the abusive judge who got more than he bargained from a counsel, gifted with the ability of a quick and deadly riposte.


The judge had reportedly treated the submission of counsel with scorn by saying “you know all you’ve been saying has been entering through the right ear and going out through the left.” A very sarcastic way, of scouring the lawyer that his submissions were of no persuasive effect on the judge, futile and a waste of time.


No sooner had the judge landed, than the lawyer soared to his own unforgettable acme of insult. You know what he said? This was it: “I am not surprised that my words come through one ear and go out of the other, there is nothing in between to stop them!”


Fortunately in the matter at the Kayode-Ogunmekan’s court, the lawyer was the perfect gentleman. He was humble, he was meek. The angrier the judge got, the gentler he became.


As the rain of umbrage fell heavily on him, he hid himself under the umbrella of politeness and long suffering and in the long run earned the admiration of us his colleagues - so graceful he was under the withering fire of a badly annoyed judge.


Later some of us left the court and discussed the incident. I was aghast to learn that Honourable Justice Bisi Akinlade, ‘Sister Bisi’, to me, had allegedly also fallen into the interesting habit of abusing lawyers, in court.


When I expressed shock and disbelief, one of my discussants swore to Heaven that he heard ‘Sister Bisi’ telling a lawyer appearing before her to “shut up and jump out of my sight.”


I doubted his story and still doubt it. Except he was referring to another Bisi Akinlade J. The only Akinlade J. I know in the Lagos State Judiciary, was formerly of the office of the Public Defender (OPD) as Boss. Then I knew her as one very pleasant, warm, courteous and adorable “Egbon.”


So it can’t be the same ‘Sister Bisi’ who as judge would be so annoyed in court as to throw abuses at counsel the way reported or at all.


Trust me, when I see my sister, I will find out and I am sure my informant would be proved wrong.

'Strange in Lagos' By Adesina Ogunlana

In the University, one of my delicious law courses was Jurisprudence. When we were in the infant class (Part 1) they called it “Philosophy of Law” but in the Exit Class, they named it Jurissssspruderincie!(apology to the late Professor Adaramola, who taught the subject to final year students at the Lagos State University.

It is inevitable to learn in a Jurisprudence class of the various “schools of law.” You will learn of the Natural Law, (Lex Naturalis) Human Law (Lex Humana) Divine Law (Lex Divina), and a score of other theories of law. In that wise you will come across figures like St Augustine, Austin, Kelsen, Roscoe Pond, Karl Marx, Jhering, Oliver Wendell Holmes etc. The earliest theory you probably learnt is Natural Law, which is the so called ‘Law of Nature’ governing the celestial bodies, the seasons, usually rigidly set predictable and endless. According to this school, Man is subject to this law and nature itself has placed it in his mind the knowledge and dictates of what is good and what is bad. The more man is in sync with the Natural Law, the better for him.

The Natural Law theorists do not, it seems to me, fancy Lex Humana (Human Law) that much. To them it is an imperfect law that stumbles and wobbles on inconsistency, limited vision. For the human law to be good then it has to confirm to the Natural Law, which is discoverable in Man by reason. Until last Monday I did not quite appreciate the merit in the Natural Law propositions, even though I did not buy the cynical if not abusive dismiss of same by Jeremy Bentham or was it Austin who said Natural Law was “Nonsense walking on stilts."


Last Monday was June 13th 2011. The day before was the historic June 12 the birthday of the freest and fairest election in Nigeria, the 1993 General Polls, won by the late business mogul, Kashimawo Abiola and which was annulled on June 23rd 1993 by General Maradona Abanikanda (Ibrahim Babaginda) the too- smart for-his-own-good military president of Nigeria then.


Since 1999 in Lagos State, June 12 has became a public holiday, so reasonably Lagosians had expected that the June 12 of this year, which happened to fall on a Sunday (always a public holiday) would also be declared a public holiday, to be marked on the next work day June 13th 2011. Lagosians were encouraged in this “Natural Law” thinking when news had it that states like Ogun, Osun even Oyo State, which for about seven years in the past cared not for June 12 had declared Monday June 13 as a public holiday in honour of June 12 Democracy Day.


Alas, all through June 10, 11 and even June 12 2011, no such announcement came from the Lagos State Government. June 13 2011 soon showed its face but the good news did not come. In the event Lagosians, especially government workers dutifully but resentfully trooped to their various ministries and offices. Suddenly at about 10.30am, the declaration came -June 13 was now a public holiday in Lagos State. It was as if Lagos State Government just woke up from a very long sleep. A rather strange thing, considering that at the head of that government is an acclaimed ‘action governor?'


In the High Court, the open registry was shut down at about 10.30am but many Judges sat and sat very well and long indeed. So what happens to the Judicial activities of June 13 2011 in Lagos State. I need to ask since you are not taught what to do in such an unusual situation at the Law School. This takes me back to the criticism of the Human Law as suffering from unpredictability and unreliability. For twelve years, Lagos State declared “June 12" a public holiday. In the thirteenth year, for no clear reason, or prior notice, the same State declined to declare the day a public holiday. Then near mid-day it remembered to declare it again! .

This is very much unlike Natural Law (well before these so called end times of global warming, season dislocation, earth quakes etc) where the sun never fails to rise in the East and set in the West. Talking of the predictability, certainty and even perpetuity of Natural Law, I remember my cockerel. It was a gift from Daniel Oyewole Ogunlana “Daddy 1.” (D. O Ogunlana), several weeks ago. My old man meant it for my table but too much exposure to Western Education has restrained me from laying the blade to its neck.

So every morning come rain come shine, even come Abbotabad, this Cockerel, from about 5.35am crows mightily several times, intermittently as if its very life depends on it. The Cockerel never fails to crow unlike Lagos State, which obeys only Law Human and therefore can falter. If my Cockerel does not crow again, you can be sure his silence is not because of any willful or unwitting departure from Natural Law, its silence will be due to Man’s inhumanity to tasty birds.

'The Great Lecture" By Adesina Ogunlana

29th May, 2011 was a special day in Lagos State and in many parts of the country. That was the day a re-elected Governor Babatunde Fashola S.A.N was sworn into office at the Tafawa Balewa Square, Lagos for his second and final term. The story was the same in many other states of the Federation and even the Federal Capital Territory, where Goodluck Ebele Azikwe Jonathan, the only living husband of a widow, Patience Jonathan (the Dame) also took Oath as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria. I dare say of all the swearing in ceremonies of the day, the most unique was that of Lagos.


Why Lagos? Could it be because of the “mammoth crowd” in attendance? A conservative count would put the number of attendees at five thousand. Could it be because of the gaiety and colour?


Oh yes, the occasion was full of colour. All the colours of the rainbow and their near and distant cousins were present in the headgears, suits, ties, wrappers, shoes, walking sticks, garments, etc., of the hundreds of uniformed men, masquerades, politicians, traditional dealers (rulers), civil servants, jobbers, priests, etc., who swarmed and swamped the Tafawa Balewa Square where the ceremony held. Ah, it is not for nothing the saying, “Lagos For Show! ”There were the occasional ‘hurrahs’ when one or two big men made their entrances into the Square. The hustle and bustle was infectious, the air was light and people just yakked away.


But it was not for all these that the Lagos affair was unique. In all other fora of inaugurations of the State Governors and Mr. Married Widower, there was plenty of colour and fun too.


What made the Lagos Case special was that it was the only inauguration that was preceded by an unprecedented event. Am I speaking in a too long drawn out riddle? Please bear with me. Swearing-in any person into a public office has always been a simple straight forward affair. The swearee is prepared afore the swearer.


Then the swearer reads out the legend to the swearee who repeats same, to the effect that he would keep the law, discharge his duties, according to the Constitution, without fear or favour and that he would not disclose official secrets, bla, bla, bla and so help me… (You can please fill in the gap).


Thus the deed is done. And exactly so, was it done all over Nigeria on 29th May 2011, except in Lagos. What then happened in Lagos? Good question. This was what happened; The Chief Judge straight away and duly swore in the Deputy-Governor, Mrs. Orelope Adefulire. So the stage was set for the swearing-in of the Governor.


The Deputy-Governor’s inauguration took maybe six, seven minutes, and that much because of the slow, ponderous old-Mother-in-Israel recitation style of the new Deputy-Governor. The woman’s voice was so heavy and thick that I easily imagined that it emanated from a falling mammoth!


At this juncture, the next step was to have the Governor sworn in. That was when the law of gravity stopped, tradition shorn, precedent dented and the norm went numb. Lo and behold, a new precedent was made ‘in our very before!’


I should waste time no longer and tell you what happened? Well, instead of the honourable Chief Judge of Lagos State proceeding to swear-in the Governor, she did what no “Swearer-in” had ever done before; She gave, delivered, presented and rolled out a lecture to the Governor in particular and the Executive arm of Government in general essentially on the need to be faithful to the well known doctrine of Separation of Power!


Poor Governor Babatunde Raji Fashola! The “Eko O ni Baje” exponent must have been thunder-struck where he was seated or standing. The mass of the people present, who incidentally were parboiled and half boiled illiterates could not and did not appreciate the act of the Honourable Chief Judge.


But the few discerning ones did. It was a coup wrapped in an ambush, totally unexpected, normally unthinkable, audacious, daring and a maneuver conjured creatively out of a constitutional void but executed with military precision.


At first, I was aghast at Justice Inumidun Akande’s conduct. Clearly her speech was a breach of protocol, possibly a rude slap in the face of political etiquette and correctness and a punch on the nose of precedent. Some may even argue that that short lecture of hers flew in the face of constitutionalism.


However on second thoughts, I realized that it must have been patriotic fervor and a burning passion for proper running of government that must have prompted the delivery of the “Great Lecture.”


On a rather personal note, I am immensely gratified that, it is not only minnows, pedigree-less lawyers like my humble self that now ply the route of activism and agitational politics, otherwise known as “aluta” but also those located in the deepest recesses of the conservative centre of the status quo.


No doubt in delivering that lecture Justice Akande breached protocol and there is some merit in the accusation that her style was strident, indiscreet, even confrontational, but how else do you get at least a reform of the system?


The quiet, gentle style hardly achieves the change agenda. The boat rocking approach is more the answer. Well Justice Inumidun Akande in delivering the “Great Lecture” has done the unprecedented and at the same time openly “reported” the governing caucus to the governed mass open.


Well maybe one should not be too bothered about conforming to the norm and precedent. After all it was Lord Denning, who in one of his famous cases declared…”And if there is no precedent (for our course), we shall create one.

"The Killer Tree Case' By Adesina Ogunlana

Oyinbo mu ti

Mo mu ko
Oyinbo gun ka
Mo gope
Oyinbo tawaya
Mo ta okun osongbo

(The white man drank tea
I make do with pap
The white man rides a car
I am also atop the palm tree
The white man lays the telegraphy lines
I lay forest twines.)



I came across this ditty, a long, long time ago, certainly before I finished Primary School in 1970. I did not realize its importance that time- the defiant black nationalism set to music. The simple essence of the song is to show that the Caucasian is no superior to the African, after all the African has achievement equal to the white man.


I recall the ditty simply because of the recent tragedy that befell the nation’s Chief Judicial Officer- the Honourable Justice Alloysuis Katsina-Alu, the Chief Justice of Nigeria.

According to newspaper and television reports, the Chief Justice of Nigeria one night was relaxing under one of the trees in his house at his Tse-Alu country home Mbayem in Ushongo Local Government Area of Benue State. The old man was not alone. He was in the good company of his wife.


Of course I do not know the content of their discussion. But I doubt whether it had anything with law.


Suddenly, suddenly, as Fela, the Fela, would say, a wind storm started gathering. Before long, the rage of the wind became alarming. And in obedience to the Yoruba saying that “Kojumaribi gbogbo ara logun e” (The answer to not witnessing any evil, is fleeing) Mrs Katsina sprang up from her chair and made post- haste towards the entrance of the house, calling her husband to follow suit.


Alas! The sprint placed her right in the way of a sturdy tree that had been violently uprooted from the ground and was rushing down, equally violently in obedience to the commands of the law of gravity. It fell on the lady of the house, killing her immediately.


The Chief Justice was luckier. Reports had it that he was knocked down and aside from his chair by a falling branch of another tree. He was still down on the ground when a heavier and bigger branch descended on his chair smashing it into several pieces.


It was clearly a freak accident, the horrendous display of the terrific might of nature acting out of sync with the usual and common orderliness and harmony of nature.


Of course a true and proper African (and who is not) raised from infancy on an unceasing diet of ill-digested and fantastic ideas and principles of metaphysical appreciation of events, will never agree to the notion that the Katsina-Alus tragedy was “a freak accident.” Simply put the African regards any event that stands apart from the usual as the handiwork of the invisible extra-terrestial forces and elements.


I have had the opportunity of discussing the incident of the Katsina-Alu tragedy with lawyers, magistrates and at least one Judge.


Interestingly, all or virtually all agreed that dark occultic and sinister forces were at play, in the death of Mrs. Mimidoo Katsina-Alu. More interestingly, they traced the malevolent forces to the door step of a particular native of Ilorin, town, Kwara State. Hear samples of their “informed opinions:”


a. “Ayeo! What manner of death is this? How can a tree just fall on somebody right in his own house”?


b. “Imagine, a wind actually uprooting a tree. I am sure it was an “attack” and actually meant for the Chief Justice, but his wife was the one that was fully caught.”


c. “There’s surely more to this incident then meets the eye. Is that the first time, the CJN and his wife would be relaxing under the tree? Why is it that it is only in their own house in the town that a tree will succumb to the wind. Who says there’s no “power” in this wicked world?”


d. “I always knew it that Ilorin people are “powerful.” Tira nbe nilorin. They will tell you that it is prayer they are doing, but we know how these things work.”


e. “If Justice so and so loves himself, he should not go and commiserate with the CJN. Those Benue people are wild. They will attack him.”


The Justice so and so referred to is the one who had a celebrated dispute with the Chief Justice a few months ago and is from Ilorin, a city reputed for potent Islamic metaphysical power.


That is enough evidence from the true and proper African mind to hold him responsible for the terrible assault on the Chief Justice and his wife.


I am very sure that the affected Judge will now be specially regarded and feared by his colleagues in the Judiciary.


“Don’t cross that man’s path o” they are already telling themselves I am sure. “Or do you want trees to fall on you like it happened to oga patapata?"


Surely the “Killer Tree Case” is our own answer to the famous “High Tree Case” decided by the immortal Lord Dennings, Master of the Rolls.


After all, “Oyinbo gun ka


Mo gope.”

'Tiger Monitors' By Adesina Ogunlana

Where were you all those heady Saturday s and Super Tuesday of April 2011? Probably at home, with your loved ones or friends? You were not indoors throughout, though on the election days, 2nd, 9th, 16th and 26th April 2011, I guess? You probably went to the nearest polling booth in your locale to perform your civic responsibility and then returned home.



Well that was the experience of the vast majority of our people on the aforementioned dates. In Lagos, the voting exercise was not a nightmare; there were very few people who had any bitter experience to narrate. To the happy surprise of many, the Independent National Electoral Commission (INEC) which started off in a shaky and disorganized way, leading to the halting and postponement of the election of the 2nd April 2011, midway, got its act right and improved on its performance in the successive elections.


So good was INEC, at least in Lagos State, that even the heavens cooperated. Not for once did the skies turn lachrymose. This was a good thing, as the army of voters, who patiently endured or gracefully coped with the merciless heat of the sun, would have undoubtedly scattered and disappeared in the face of the liquid arrows from above.


Not all of us stayed home though, a few like my humble self and two dozen like minded Tigers and Tigresses (NBA Ikeja members) were out on those election days to serve as monitors.


Competent, dedicated and sincere monitors add invaluable credibility to the electoral process. Their reports and assessment of how elections were conducted present a yardstick to judge whether the process was indeed “free and fair” as conductors of the election and the winners of electoral contests are wont to claim.


We had great fun in serving as monitors. You can trust tigers. Not for us any cold, regimented approach like you will find in “ancient of days” branches. Before setting out from the Bar Centre we fortified our bellies with some yummy yummies and unlike most other groups of monitors, we were roving rangers.


Working a five team formation, we were all over Mainland, Lagos I our various operation vehicles happily donated to the cause by Tigers. Also pressed into service was our ever reliable motorized Charger, certainly the most famous and most travelled Bar bus in Nigeria, always impressive and eye catching with the legend “NBA IKEJA BRANCH” printed on its sides, likewise, front and back, in green colour.


I said our Charger was impressive and eye catching, maybe I should add ‘awe inspiring.’ In places like Ejigbo, Oshodi, Mile 2, the majestic bus and its occupants were hailed, as it rolled slowly on. “The Law!, here come the lawyers!” said the people.


On our way to Ipaja, we stopped to observe the on-going voting exercise when a fellow resting on his parked ‘Okada’ suddenly took flight, after telling the person nearest to him, “Ha, mo ri green, mo ri white, motun ri green. E mi n lo temi. Ta lo mo boya lati Abuja ni won ni ki won ti wa mu wa. (What? I see green, I see white, then green again, they (the occupants of the bus) must be government officials, who knows whether there is an instruction from Abuja that they should arrest us all. I am off!).


In some cases, the Charger and the occupants were considered supporters of Governor Babatunde Raji Fashola and the Action Congress of Nigeria (CAN) party, especially during the gubernatorial election. The reason was not farfetched. The incumbent governor and also the candidate of the CAN in the race is a legal practitioner.


The situation report of the election in almost all the more than four hundred polling units we visited was invariably the same – “peaceful, orderly and balanced.” And in the rare exceptions, the situation never got out of hand. Agents of the various parties, especially those of the CAN, PDP, CPC, Labour, APGA oft times interacted in a friendly manner.


The most sensitive periods were the sorting and counting of votes, yet the charged atmosphere never boiled over, as most people appreciated the need for caution. Losers took their losses gallantly, while winners celebrated their victory without ribbing their opponents too wickedly.


After our labours all through the mornings and afternoons, we repaired to our redoubt – the secretariat a.k.a “Bar Centre,” at the Ikeja High Court from where we had sallied forth in the morning. There, good Nigerian meals; fufu, eba, rice and beans, in the main, were set before us. We never failed to do justice to these truly tasty repasts, amidst gusts of rib-cracking jokes.


One Tiger in the middle of demolishing his plate of fufu over laden with ogbono, vegetable, egusi soups and assorted fish and meat contended that such a meal should be served dinners of the Bar instead of the usual ‘oyibo food’ (rice and ‘burnt’ chicken). He ended his submission with a call for frothy palm wine to grace Law Dinner tables instead of “Oyinbo wines.”


On a personal note, I would never forget the monitoring exercise of the April 2011 General Elections, especially the Presidential Elections of 16th April 2011.


That day was special. Not because that for the first time since 1992 (the Otedola NRC victory over over the SDP), a conservative party not only defeated a progressive incumbent government but completely white washed it electorally.


It was special because that was the day I ate the forbidden meat. At Igando. Other Tigers drank only palm wine in Igando. But I did more than that. I ate the forbidden meat. Oh how delicious, scrumptious really. The forbidden meat?


The more sinful you are, the more riotous your imagination would be raging by now.


I ate the forbidden meat. And washed same down with swigs of permitted wine. So there. Don’t ask me what the F.M was. Blessed are the brave in heart!