June 12 And My Humble Involvement In The Struggle For Democracy In Nigeria (Part 1)

Chief Mike A. A. Ozekhome, SAN

INTRODUCTION

This is no memoir. Nor an auto-biography. Not a chronicle of my eventful life. Not an excursion into narcism or self-glorification. No. Not any of these. It is just a tip pf the iceberg of my life of struggles. Concerning democracy. (See generally, my profiles on Wikipedia, Facebook, Twitter, Premium Times, LinkedIn, Legal and Style, Youtube, Mike Ozekhomes Chambers, Business list, Blerf, PressReader, People Pill, YNaija; and many more). So, permit me to blow my hardly ever blown muted trumpet a little. I was there in the struggle. Fully. Well before June 12. The struggle for democracy, rule of law, human rights and good governance. It has been in my DNA. Right from my infancy. From primary, through secondary school, up to the university at Ife. I had always been in the struggle. My entire life has been one of long tortuous struggles. Struggle against injustice. Struggle against poverty. Struggle against marginalization, repression, oppression, suppression and subjugation. Struggle to give voice to the voiceless. Struggle to empower the hapless and hopeless. Struggle to give hope to the rejected, the denied, the ignored. As a minority within a minority, struggle against being silenced by the bigger, most powerful nationalities out of Nigeria’s 374 ethnic groups (Prof. Onigu Otite, 1990). Struggles! Struggles!! Struggles!!!

IFE AND MY STUDENT’S DAYS STUGGLES

I was one of the leaders of students’ successive struggles at Ife, before, during and after the infamous 1978 “Ali-mon-go” struggle for the emancipation of students. From 1975 to 1980 at Ife, I struggled.

I led the University of Ife students’ delegation to the University of Benin in January, 1980, to debate and adopt a new Students Union Constitution under a new name – National Association of Nigerian Students (NANS) – after the Olusegun Obasanjo’s banning of the National Union of Nigerian Students (NUNS), led by late fire-spitting Students Union leader, Segun Okeowo.

At Ife, I was a Representative at the Students Parliament, called Students Representative Council (SRC). I first represented Faculty of Arts (1975-1978); and later, Faculty of Law (1978-1980). This was after my struggled change of course from English Department to Law Faculty (losing one year in the process). I was later elected the Speaker pro tempore, upon impeachment of the then Speaker. I had been Assistant Secretary; then Social Secretary, Law Students Society (LSS). All through struggles.

At Ife, I co-founded, or led many organisations and press Clubs, Skala Klobb, X-Ray Club, National Association for Nigerian Unity (NANU). I chaired and edited X-Ray and NANU Voice publications, arguably the most authoritative student’s journals on campus then. I was one of the best debaters, both at Ife and at debate’s sessions, at the level of the National Association of Nigerian Law Students (NANLS). I invited to Ife (with other students), distinguished Nigerians to speak to, mentor and inspire us. I remember clearly – and I still have their pictures – icons like Chief Gani Fawehinmi, Dr Tai Solarin, Prof Bade Onimode, Prof Omafume Onoge, Chief Niyi Oniororo, Comrade Ola-Oni, Prof. Eskor Toyo, Prof. Wole Soyinka, Chief Chris Okolie, Chief Kanmi Isola-Osobu, Chief Bola Ige, Justice Atinuke Ige; etc. They were the light; our true leaders. We were their disciples and foot soldiers. They inspired and mentored us. I am grateful to them.

INTERSHIP WITH HANMI ISOLA-OSOBU

All my law student’s vacation internships were carried out in the busy Chambers of Peoples lawyer, Chief Kanmi Isola-Osoba.

JOINING THE GREAT GANI FAWEHINMI

Upon performing my NYSC in Yola and Lagos, I joined the pro-masses Chambers of Chief Gani Fawehinmi, SAN, SAM, as a junior counsel. I rose gradually to become a senior counsel; and later, Deputy Head of Chambers by 1985. My salary was incredibly jerked up by irrepressible Gani from N400 to N500, a princely sum at that time Under Gani (may the soul of this iconic Nigerian prodigy rest in Alijanah Firdausi, amen), I was opportuned to handle anti-military cases across virtually every state in Nigeria, thus being exposed to the vagaries of real pro-masses struggle; through the courts; using law as an instrument of social Engineering (thanks, Prof Dean Roscoe Pound).

GANI IN DEFENCE OF PEOPLE’S CAUSES WITHOUT DISCRIMINATION

I always laugh at some ignorant Nigerians whenever they say Gani never defended so called “corrupt people”. They are damn wrong. Gani defended all Nigerians without discrimination. Gani led me to defend Col. Peter Obasa, then Director of NYSC, and his Deputy, Chief Kila. They were both accused of massive corruption, embezzlement of government funds and even economic sabotage, by the General Muhammadu Buhari Military junta.

Col Peter Obasa was sentenced to life imprisonment, and Chief Kila, jailed for 25 years. I still have the picture where myself, Gani, Tayo Oyetibo, SAN, O. A. R. Ogunde, SAN, Justice Abiodun Akinyemi, Michael Phillips and Mr Fumudu, were leaving the military tribunal. Gani led me to defend Chief Isaac Idiong Udoka, an Ikot-Ikpene based business man, before Justice Effanga’s Military Tribunal Recovery of Stolen Public Properties. We frequented Calabar, the venue, for this. Gani led me to defend Alhaji Ibrahim Dikko before Justice Obi Okoye, then Chief Judge of Plateau state, sitting at the High Court in Jos. Gani led me to defend Alhaji Majidadi and others, before the General Peter Adomokhai Military Panel on recovery of stolen public properties, that sat in Kaduna and then nascent Abuja. We used to stay in Suleija, because there was only one small Guest House then in Abuja (1984). All these people were accused of corruption, grand larceny of public funds, economic sabotage, etc.

NOW THIS

GANI AND THE “CAB RANK RULE”

In defending these accused persons, Gani never believed in corruption. He detested and condemned it. But, he was guided by two principles: the right of every accused person to be defended by a counsel of his choice. Then, the “cab-rank” principle. The cab rank rule states that a Barrister has an obligation to accept instructions from every client (except where he is conflicted), regardless of public perception or the unpopularity of his client’s cause. Gani had cited section 33 of the 1979 Constitution (now section 36 of the 1999 Constitution) in a world press briefing which I attended. The case of WORSLEY V. RONDEL (1967) 3 WLR 1666, and the immortal words of legendary Lord Denning, are apposite here: “A Barrister cannot pick or choose his clients. He is bound to accept a brief from any man who comes before the courts. No matter how great a rascal the man may be… no matter how undeserving or unpopular his cause. The Barrister must defend him to the end… The code which requires a Barrister to do all this is not a code of law. It is a code of honour. If he breaks it, he is offending against the Rules of his profession and is subject to its discipline.” The second reason Gani gave for accepting the above briefs is that corruption must be fought headlong and routed out. He had therefore disagreed with the NBA which had decreed that no lawyer must defend alleged corrupt politicians before the draconian military panels and Commissions of Inquiry, which were set up by the Buhari junta to try Politicians. He reasoned, and rightly too, that such a stance would leave corruption to thrive if lawyers were to hide under unacceptance of military tribunals to cripple the same tribunals. For this daring step, Gani was blacklisted by the NBA and his name entered in the roll of dishonor. He did not give a damn, because he was convinced that he had done no wrong by defending his clients who needed his services and legal expertise, to the best of his ability. The NBA was later to erase his name from this roll of dishonor, and also lifted the blacklisting. Gani’s tangle with the NBA hierarchy for years made him refuse, bluntly, to apply for the rank of Senior Advocate of Nigeria (SAN).

AND THIS

MY SANSHIP AND GANI’S PREDICTION

In November 2000, I went to meet him in his sprawling Anthony Village Chambers where I had cut my legal wisdom teeth. In this “war house”, he had nicknamed me variously as “Ozek baba”, “mobile library”; “mobile dictionary”. I begged him on my knees, to apply for the rank of Senior Advocate. I pleaded that I would never apply for the rank if he refused to, as I would never one day want to sit in the front role of lawyers (“inner Bar”) in the same court where he would sit behind me (at the “outer Bar”). I wept profusely, on my knees. Gani, a very emotional and humane person (qualities unknown to many Nigerians who simply viewed him as an unemotional roaring lion, or unfeeling tiger), wept with me. He held my hands, dragged me up and said, “Ozek baba, I will apply for the rank next year; but, only because of you; not because I need it for anything”. He fulfilled his promise to me. He applied for the rank of SANship in 2001 and was promptly given. Because he was pre-eminently qualified. I was later to achieve the same honour in 2009. Why the delay? A long story for another day [To be continued].

THOUGHT FOR THE WEEK

“Democracy is worth dying for, because it’s the most deeply honourable form of government ever devised by man.” (Ronald Reagan)

LAST LINE

Fellow compatriots, continue to read my weekly disquisition through this column, the Nigerian Project, by Chief Mike A. A. Ozekhome, SAN, OFR, Ph.D, FCIArb, LL.D. God bless Nigeria.