Live your life well so that we don’t have to lie at your funeral- Unknown
![](https://thenigerialawyer.com/wp-content/uploads/2024/04/Idrinstitute.jpg")
![](https://thenigerialawyer.com/wp-content/uploads/2024/03/2024.lidw_.jpg")
Few days ago, we received the unfortunate news of the death of Alhaji. Aliyu Umar SAN. Even though I never met him, I knew him due to his involvement in the trial of the former CJN, Walter Onnoghen, where he acted as the lead prosecuting counsel. As it’s my custom when I hear of someone’s death, I immediately prayed for the repose of his soul and I prayed for the loved ones he left behind.
After praying for him, I had no intention to either write a tribute or an article, but I had a change of mind after I read tributes from the NBA and lawyers, particularly those vying for political offices.
Let’s look at some tributes.
————————————————————————————————————
The NBA described him as “one of the finest silks Nigeria has produced” and that the NBA “appreciates the immense contributions of Alhaji Umar SAN, to the Nigerian Legal industry and practice”.
Olumide Akpata eulogized him saying “Alhaji Umar SAN will surely be missed for his indelible contributions to the legal Profession, his wisdom, his guidance, his good works and acts of service”. “He was a trailblazer, a father figure and a mentor to many lawyers -both senior and junior, all of who continue to hold him in high esteem”.
Dr. Babatunde Ajibade SAN said “He was an influential and highly respected member of the Bar,……his demise has left a gap that cannot be filled”
Dele Adesina SAN said “He served the Bar to the best of his ability including the private bar, the official Bar and of course the inner Bar”
—————————————————————————————————————–
Unfortunately, many lawyers, the general public and the world indeed cannot relate to the glowing tributes above. We don’t know: the “indelible contribution” “immense contributions” “service to the Bar” “a gap that cannot be filled” etc.
Prior to 2019, he was largely unknown except in a few quarters and he came more to limelight, thanks to his role in the prosecution of the Charge against Honorable Justice Walter Onnoghen which eventually led on Friday, January 25, 2019, to his suspension and the swearing in of Justice Ibrahim Tanko Muhammed as the Acting Chief Justice of Nigeria by President Buhari.
It’s possible that Alhaji Umar SAN may have done several noble and honourable things prior to his role in the former CJN saga upon which the tributes above may have been hinged, unfortunately the general public is not privy to such information, more importantly, if weighted, his role in the former CJN illegal removal is extremely heavy and it is capable of outweighing and erasing the other noble things he may have done.
This grouse is not unfounded; last year was a most embarrassing year for lawyers, our judiciary and most importantly our democracy. We saw the Executive arm use legal practitioners both in the Bar and on the quasi-bench to cause an indelible and unholy havoc to the highest office of the Judiciary, an office almost at par with the office of the Presidency and people expect us to throw undeserving posthumous extolments.
The painful event of the 23 and 25th of January 2019 can never be erased from the hearts and minds of Nigerians. Those dates signify a precedent in executive rascality, a trial that had all the trappings of injustice, witch-hunt, abuse of power, and ultimately the disregard for the rule of law and all those who participated in enshrining that precedent cannot expect to be in the good books of history. Little wonder in Julius Caesar, Mark Anthony said “The evil that men do lives after them” meaning that when someone dies, the bad things they did continue to have an effect on the living.
For the NBA and lawyers aspiring to be president of the NBA to extol not only Alhaji Umar but other lawyers in general, who don’t represent entirely the interest of the Constitution, is appalling to say the least. Indeed, the NBA has to raise the Bar and set high standards.
If the NBA intends to stay true to its motto, it has to be calling out its members, especially those who hold public offices, in particular Attorney Generals, who engage in acts that directly assault the Rule of Law, if the NBA needs to amend its rules of professional conduct to adequately cater for this, then this should be a top priority.
NBA has to help lawyers make a choice, if lawyers want to owe their loyalty to their clients, either private or public, to the detriment of the overriding interest of the rule of law, the NBA should have no business being in bed with such lawyers, rather it should ostracise them, as no can serve two masters concurrently. The Cab-rank rule cannot be exploited to engage in ignobility.
If the NBA does not do this, then it sends a wrong message to younger lawyers. The professional ethics been parroted from the University to the law school to the call to bar swearing in ceremony will merely be insipid.
CONCLUSION
To the living we owe respect, but to the dead we owe only the truth -Voltaire
There is a dangerous consensus brewing, that the dead should only be eulogised. Respect for the dead has now been elevated to not speaking “ill of the dead”. I think it is important to differentiate “speaking ill” from “speaking lie”.
I agree that lies should not be spewed and I agree in decency, however, depending on the gravity of the deceased actions, his/her role and status in society, the death of the deceased can be a veritable moment to call out their actions that contributed negatively to society. This will serve as a deterrent to those living that our actions have consequences and those consequences will not be easily forgotten, and if we want to be remembered positively, then deliberate decisions must be taken to engage in good and noble acts, if not it would be the height of fraud, dishonesty and hypocrisy to engage in undeserved praise singing.
May the soul of Alhaji. Aliyu Umar SAN and all the departed continue to rest in peace.
NIALS' Compendia Series: Your One-Stop Solution For Navigating Nigerian Laws (2004-2023)
Email: info@nials.edu.ng, tugomak@yahoo.co.uk, Contact: For Inquiry and information, kindly contact, NIALS Director of Marketing: +2348074128732, +2348100363602.
