Femi ‘authority’ Falana (SAN) @ 60 By Wahab Shittu

In this article, Lagos lawyer and law teacher Wahab Shittu eulogises Femi Falana on his 60th birthday It is not an easy task paying tribute to Femi ‘Authority’ Falana SAN who clocked 60 recently with encomiums and accolades everywhere, including the rare one from the President of the Federal Republic of Nigeria, President Muhammadu Buhari who commended ‘’…Falana’s sense of patriotism over the years as well as “his antecedents which the president described as “…most exemplary and commendable in advocating for a better life for the poor and underprivileged”. I will say it is not easy commenting on the persona called Femi Falana (SAN) because of the dilemma of deciding which aspect of this extraordinary Nigerian to focus on in such commentary. Many will prefer to focus on his activities as a lawyer as well as a human rights crusader consistently for several decades in company of such greats as the late Chief Gani Fawehinmi (SAN), the late Dr. Beko Ransome Kuti, Nobel Laureate Professor Wole Soyinka and many others in that category who were and have been relentless in their crusade for the enthronement of good governance, rights protection and enhancement of the living standards of our people. In this category of assessment, Falana (SAN) ranks very high on account of his accomplishments. This is, however, one aspect of Femi Falana (SAN). There is the other aspect of Falana as a consummate strategist that no one can ignore. Indeed, his rating on this score is so high that if you are to contend in any battle against Falana you are better warned to be fully prepared for this is a soldier in battle difficult to confront or dislodge in any encounter, whether within or outside the courtroom. Thirdly, there is also another aspect of Falana (SAN) as a vociferous protester against all manner of injustice. Indeed, he is such a one-man riot squad that his singular crusade on any matter at all is sufficient to draw the attention of the authorities to take notice and implement. Falana (SAN) also has incredible capacity to build, cultivate, retain and nourish relationships across board. He is a friend to human rights and democracy crusaders, friend to the ivory tower including established academia of various orientation, friend to labour movements, friend to the poor and underprivileged, friend to those in privileged circles, friend to those within and outside government and all these relationships, Falana (SAN) nurture without betraying his principles. In nurturing such relationships, the surprise element is that Falana is always very careful to uphold ethics and the highest professional standards.What of Falana’s strength of advocacy in the courtroom? Oh my God! Falana (SAN) is such a delight to watch in the courtroom with capacity to make very serious points even while putting up regular smiles in a manner that will leave opposing counsel sometimes seriously perplexed. Learned silk argues clearly, masterfully, logically and with clear focus. As counsel in the proceedings, he is very fierce yet friendly and willing to make concessions in the best and finest tradition of the bar. I recalled that it was this trait that attracted him to me many years ago and we have since retained such senior friend/junior friend relationship ever since. I had wondered at the time, how can a counsel be so gifted and yet so friendly? Falana (SAN) is also an uncommon patriot who is obsessed with the theory of development and he never abandons his friends within and outside government. Arakunrin Oluwarotimi Akeredolu SAN in a recent tribute to him wrote: ‘…we are gladdened that you stand out, proudly, among genuine patriots and true lovers of our country. That you remain a consistent and relentless advocate of the downtrodden is a fact through which we derive immense pride in our association with you…your prodigious talent has enriched our jurisprudence. Your seminal interventions at crucial moments continue to resolve the socio-political conundrums thrown up by the very logic of socio-economic interaction in a transitional society. You are indeed a priceless gift.” What a testimonial! Many may not be aware of the monumental contributions of Femi ‘Authority’ Falana (SAN) to the anti-corruption crusade in our country. Perhaps it is a story for another day how Falana influenced the choice and emergence of Mallam Nuhu Ribadu, the anticorruption czar in our country and how his activities directly or indirectly encouraged the emergence of the latest anti-corruption sensation in our country, Ibrahim Mustapha Magu. Femi Falana SAN consistently makes his services available to support the anticorruption crusade and movements in our country. On a personal level, Femi Falana SAN it was who introduced this writer to the prosecutorial assignment in EFCC since inception and for this, I remain eternally grateful to this extraordinary Nigerian. His expectation is that I and many others in that category do not betray the sacred trust. I remember that constantly in addition primarily to the reputation of my background. What of Falana as a humanist? Femi Falana is ingeniously humane and willing to deploy his talents always in the service of the common good. Abraham may have had elements like Falana (SAN) when he wrote: “The worthiness of life is deep rooted in sacrifice to mankind. If one dies in the process, he becomes a martyr.” Femi Falana by his activities is definitely on a journey to martyrdom. The celebrant is also a very passionate family man who has raised with his wife, Funmi Falana very successful children among which is Folarin Falana, the popular artist known as Falz. In the past, I commented about Falana (SAN) as follows: “It is said that there is time to labour and there is time for harvest. Anybody familiar with Femi Falana (SAN) and his delectable wife, Funmi Falana would agree that this is one unique couple who have come a long way together and certainly have paid their dues…” Who is this Falana (SAN)? Femi Falana was born at Ilawe, Ekiti State on May 20, 1958. He studied Law at the University of Ife (now Obafemi Awolowo University) and the Nigerian Law School. Since he was called to the bar in July 1982, he has been in active legal practice majoring in human rights and international humanitarian law. Through public interest litigation Mr. Falana has contributed to the promotion of human rights, defence of the rule of law and the expansion of the democratic space in Africa. Following the suspension of human rights provisions in the Constitution by successive military regimes Mr. Falana convinced Nigerian courts to uphold the human rights guaranteed by the African Charter on Human and Peoples Rights. He equally championed the campaign which led to the expansion of the mandate of the Community Court of Justice to enforce the human rights Community citizens in West Africa. Apart from his regular appearances in Nigerian courts Mr. Falana has represented victims of human rights abuse at the African Commission on Human and Peoples’ Rights, in Banjul, The Gambia; Community Court of Justice, in Abuja, Nigeria; Special Court for Sierra Leone, in Freetown, Sierra Leone and African Court on Human and Peoples’ Rights, in Arusha, Tanzania. Through the instrumentality of the law Mr. Falana’s law firm has secured the release of hundreds of illegally detained persons and ensured the reinstatement of many dismissed students and staff of tertiary institutions. He has also got reprieve for scores of soldiers who were charged, convicted and sentenced to death by military courts. The law firm successfully stopped the execution of the 12 kids who were convicted for armed robbery by a military tribunal in Lagos in 1989; the take-over of the Nigerian Bar Association by the military junta; the proscription of the Academic Staff Union of Universities (ASUU) and the criminalization of strikes by teachers; the arrest and detention of family members in lieu of wanted criminal suspects and the indefinite suspension of legislators from legislative houses. Aside the promotion of political and civil rights Mr. Falana’s law has ensured the recognition and protection of the socio-economic rights of the people by local and international tribunals. Thus, the courts have upheld the right of Nigerians to protest without police permit, the right of police women to marry without permit, the right of every Nigerian child to free and compulsory basic education, the right of undergraduates to education loan, the right of underprivileged citizens to access loans for business without collateral, the right of citizens to protection and security of life and the right of the people of the oil producing communities in the Niger Delta region to a safe and healthy environment. Mr. Falana has consistently campaigned for the enactment of welfare laws to cater for the majority of poor and disadvantaged citizens. On account of his human rights activities he was arrested and detained in police and prison custody on several occasions by the former military dictators. He was charged with criminal offences including unlawful assembly, incitement, sedition and treasonable felony but was never convicted by any court. As a youth corps lawyer, Mr. Falana successfully defended some student activists who were charged with attempted murder by the police. The authorities seized his National Youth Discharge Certificate for 18 years for embarrassing the federal government However, he has been honoured for his consistent defence of human rights and rule of law. He is one of the 4 lawyers in Africa who have been conferred with the prestigious Bernard Simons Human Rights Award by the International Bar Association. His many other awards include the American Bar Association International Human Rights Award (1986); the Defender of the Year Award from the International League for Human Rights, New York (2000); Kwame Nkrumah Leadership Award, Ghana (2003); Knight Outstanding Leadership by the Commonwealth of Massachusetts State, Senate, House of Representatives and Boston Council, United States (1998); Knight of Freedom Award by the Legal Aid Council of Nigeria (2009); Gani Fawehinmi Life Time Award on Human Rights from the Hallmark of Labour Foundation, Nigeria (2011); Promoter of Human Rights Jurispudence in Africa by the National Human Rights Commission (2015). Apart from his stints as a member of the National Executive Committee of the Nigerian Bar Association and General Bar Council Mr. Falana was the President, Committee for the Defence of Human Rights (1996-1998); Secretary-General, African Bar Association (2000-2002) and President, West African Bar Association (2004-2009). Mr. Falana is a Senior Advocate of Nigeria, Fellow of the Institute of Chartered Arbitrators of Nigeria and Institute of Chartered Public Administrators of Nigeria, member of the Nigerian Bar Association, International Bar Association, Pan African Lawyers Union and West African Bar Association. Mr. Falana is a regular commentator on public affairs and the Editor-in-Chief, Weekly Report of Nigeria. He is a member of the Editorial Board of Thisday Newspaper; the Network for the Defence of Journalists in West Africa and the International Centre for Investigative Journalism and Justice Research Institute. He is also a member of the African Group on Justice and Accountability. Mr. Falana has a long list of publications including Fundamental Rights Enforcement in Nigeria (2004); Fundamental Rights Enforcement (second edition, 2010); ECOWAS Court: Law and Practice (2010) and Nigerian Law on Socio-Economic Rights in Nigeria (2015). As I sum up this tribute, one question keeps nagging my mind about this extraordinary Nigerian and I hope one day he will provide an answer. The question is, learned silk from where do you derive the boundless energy with which you crusade all these myriads of activities and traverse everywhere? Before you answer, let me make a guess, I say it can only be God and God alone. As Femi ‘Authority’ Falana SAN clocks 60, my expectation is that he will continue on the path of righteousness and crusade for the common good for which he has acquired unprecedented reputation and for which in my view, he will always be appreciated as the celebrant etches his name in letters of gold. Congratulations Femi ‘Authority’ Falana SAN, My senior brother, my senior friend and a patriot extraordinaire!]]>