‘Buhari should address factors militating against
effective justice administration’
Mr. Ebun Olu-Adegboruwa is an eminent lawyer, human rights activist
and former Students Union leader the Obafemi Awolowo University,
Ile Ife and one of the very few legal giants who worked closely
with Chief Gani Fawehinmi, SAN during his
lifetime. In this interview with Correspondent EFE
AGHAROKPE, he says that Nigerians are still yearning for
another Gani eight years after the latter passed on September 5,
2009. He also speaks on current topical issues including the
anti-corruption war, rule of law and the performance of
the Muhammadu Buhari administration so
far. Excerpts:
Whether Nigerians missed Gani
There is no doubt that Nigerians missed Gani a lot. His several
court cases, his press interviews and his courage and candour. We
have not had anyone to stand in the place of Gani because of the
personal interests of those who should carry on his struggles. And
the fact that he had to close down his chambers and law firm has
not helped matters too. But you would well imagine the reasons why
he took that decision. Nigerians are in desperate need of another
Gani, who can confront this government without batting an eyelid,
who can speak the truth to power and not cringe at the mention of
certain names in power. Nigerians need another Gani, who would not
bow to the whims of tribalism to whip up support for All
Progressives Congress, APC South West politicians just because they
want to retain power as second fiddle to the North. Nigerians need
another Gani, who would not be an activist during the day and be a
politician at night.
What is your assessment of the state of the nation, in the light of
the health issues surrounding President Muhammadu
Buhari?
Our nation is in great peril of unending impunity and crises,
deliberately orchestrated by General Muhammadu Buhari and his
kitchen cabinet, otherwise called the cabal. This cabal is a
conglomeration of the personal aides of the President, like his
Chief of Staff, his private secretary, his aide de camp, etc, most
of who are his blood relations, who have all personalized
governance as a family affair. I got wind of the ill health of the
President a very long time ago and I raised the alarm that the
President was suffering from a serious ailment that has more or
less incapacitated him from the due performance of his duties as
President. I got to know that the main reason that the President
was travelling very often in the period of his ascension to power
was simply to attend to his failing health. So the so-called
international and state functions were deliberately tailored
towards his medical appointments so that the public would not
easily suspect him. Now, don’t get me wrong. Sickness is not a
matter for which anyone can rejoice over any other person. We
cannot play God or give the impression that we are any better than
the one who is sick. So, in that regard, it is totally wrong for
the aides of the President and the invisible cabal to carry on as
if sickness is a thing to be ashamed of, given the age of the
President, both the official and unofficial age. In other climes,
the health status of the leader is disclosed so that the citizens
can pray for and sympathise with their leader.
It cannot be private affair at all, especially as public fund is
involved. The APC government came with the slogan of change and
transformation but it has since departed from anything transparent
but rather reneged on virtually all its campaign promises. So,
sooner than later, it became inevitable that the cabal had to make
some disclosure concerning the health status of the President, for
very obvious reasons. The international community was already in
the know of the true facts of the health of the President, as he
was being treated in hospitals abroad. This was what led to the
eventual disclosure of the President’s health condition by the
cabal, although in bits and pieces. Remember that the First Lady
was also getting worried and agitated, to the extent that she
granted a very explosive interview, against the cabal, that had
also kept her away from her husband in the Presidential Villa
Abuja. The Senate President followed that with his alarm against
the cabal, so at that point they knew that the game was up so they
had to make some disclosures on the President’s health issues.
Why are you worried over Mr. President’s
health?
As a citizen of this country, I should be worried and you too
should be worried about the health of the number one citizen. But
more than citizenship, I am a stakeholder in the project called
Nigeria. I was a student leader in Obafemi Awolowo University, OAU,
Ile-Ife, moving from one region to the other redefine Nigeria. I
was part of the National Association of Nigerian Students, NANS.
This led to several deprivations, persecutions and arrests and
detentions. When I left the University I joined the Chambers of
Chief Gani Fawehinmi, SAN and I was involved in all his activities.
I was part of the June 12 1993 struggle at the level of the
Campaign for Democracy, the Committee for the Defence of Human
Rights, the Civil Liberties Organisation, and at so many levels. I
was arrested and locked up at the Directorate of Military
Intelligence in Apapa for about seven months. I was infected in
custody and had to undergo a major surgery. I have been charged to
court severally on account of my campaigns and struggles so I am a
stakeholder in the Nigerian project. And I will not just sit down
and allow some people to derail that project. Second reason is that
I immediately remembered the Umaru Yar’adua scenario, where the
late President (God bless his soul), was being kept in the Villa as
a priced asset for plunderers and looters, who were only preying on
his condition to get to power behind the back door. So, we cannot
go through that route again.
The third reason for my worry is that Nigerians voted for Buhari
in an open election, based on his personality and his campaign
promises. To that extent, I think it will be wrong for some other
person or persons to seek to take over governance through any other
means when they were never voted into office. So I had to raise the
alarm and the President took good notice of it and thereafter he
announced to Nigerians that he was proceeding on a medical
vacation, which he had to extend, ultimately. Till now, the
President has not deemed it fit to disclose the exact nature of his
ailment, in line with his acclaimed policy of transparency. In the
first trip, he said he was going for treatment for an ear
infection, which was considered minor but it turned out to be
major, as it affected governance, which is the fourth reason for my
own concern. Under the Constitution, especially section 5 thereof,
the powers of the President are executive in nature and he is
conferred with total and wide ranging powers as the leader of the
nation and its number one citizen. So the person who occupies the
office of the President must be fit and proper, he must be
physically sound and capable, he must be alert and mentally sound
and he must not suffer any impairment in any way, which is why the
Constitution also prescribes in section 144 that any incapacity by
reason of health should constitute a ground for his immediate
removal. It is that serious.
So if people are not sure of the President’s health status, if
investors are not sure of the fact that somebody fit and proper is
in charge, then they may want to delay investment decisions, it
will create some form of confusion in the land. So against all
these background, the health status of the President became a major
concern to the people of Nigeria, given our past experience during
the Yar’adua era. And since the President came back, he did not
address Nigerians on the outcome of his trip, leaving room for
conjectures and speculations. And this was not helping the nation
at all, as the vacuum that was created was giving rise to small
Presidents in different quarters, and everybody was beginning to do
his own thing. When we waited and we couldn’t bear it any longer,
we had to consult across board and came to a consensus that we must
challenge the President. By this time, we had waited for months for
the President to speak and disclose his health status but he did
not. He was already missing the weekly Federal Executive Council
meetings, which was mandatory for him to attend under sections 147
and 148 of the Constitution.
The relevant phrased used by the Constitution is “regular” and
once when the President could miss the FEC meetings, he was already
walking on egg shells around the Constitution. So it was at this
stage that we decided to give the President an ultimatum to
disclose his health on before May 29, 2017. We were prepared to
mobilize Nigerians on nationwide protests, from May 29. We wanted
to talk with Indigenous People of Biafra, IPOB, with Niger Delta
militants, labour leaders and other progressive minded activists to
give the President a run for his policy on transparency. Just
suddenly, we heard that the President was going to travel again,
for a follow up on his medical treatment.
What exactly is your grouse with the anti-corruption crusade of
this government?
It was clear to me from the very first day that the President was
not serious about fighting corruption. And I say this with all
sense of responsibility. The gate way to fighting corruption is of
course the judiciary. And as I speak, nothing is being done to
address the rot in that sector. It is not about corrupt judges or
lining judges up for trial. Yes, the judiciary stinks, but other
arms of government stink even more and yet money is being pumped
into those other arms to reform them but the judiciary is left in
its rot. To fight corruption, the President should have immediately
declared a state of emergency in the judiciary, in terms of
infrastructure, the welfare of judicial officers, expansion of
courts and of course discipline of judges and judicial staff, found
wanting. So, when the President ignores the factors militating
against effective justice administration and is busy chasing judges
considered to be anti government, then I knew we were not going
anywhere. And of course we now see the effect that the glut in the
judiciary is taking on all the corruption cases in various courts
as they have to take their turns in the judicial grave that this
regime inherited and has refused to reform.
The second aspect is the issue of persecution and witch hunting,
to the extent that opponents of government and even their lawyers
and even activists, became the targets of the anti-corruption
campaign. And at that point, it became clear to all, especially
lawyers and judges, that it was just a smokescreen to give the
government some cover from its non performance and confusion on the
way forward for the economy. Because for all we care now, it is
just going to be four years of shouting anti-corruption and
anti-corruption and just motion without any movement. It is a
government of distractions and scandals and that has not brought us
employment or the needed infrastructure at all. Even the loot being
recovered, are not deployed for any common good. Make no mistake
about this however. The anti-corruption agencies are probably doing
their best but the politicians have their own secret agenda for the
anti-corruption crusade, which is simply to hound their opponents
and perpetuate themselves in power. That is why you see a lot of
defections by politicians, going on, here and there. It is the fear
of persecution. And with the way the government has gone on with
media trials, all that it takes for anybody to be rubbished is just
to be arrested and accused of corruption and thrown into jail. That
is all. And this cannot be right at all.
But you are also facing trial and what is the fate of your
case?
Yes, I had my own dose of the anger of government, sometimes in May
last year, when I was arrested and accused of corruption and all
that. And of course you know the reasons behind it, being the cases
of Chief Government Ekpemupolo (Tompolo) and Robert Azibaola that I
handled. It is the sacrifice that I had to pay for democracy, good
governance and the rule of law. I thank God that that face of my
life has passed for good. And I thank all those that God used to
help and defend me while it lasted.
Were you accused of defending controversial cases?
No. Now I am partly Yoruba and partly Niger-Delta, coming from
Ilaje, which is the only local government in the South West that is
producing oil. I was also deeply involved in the Ogoni trials in
Port Harcourt, whilst I served with Chief Gani Fawehinmi, SAN. I
had the opportunity of interacting with the Ogoni activists and to
study their struggle properly. So the issues involved in resource
control resonate with me so very well. I am one of them, not just a
lawyer. The reason why I am still in Lagos is because of the
monumental neglect of my community. If there is development in my
native land, it should take less than one hour to travel from Lagos
to Ode—Etikan, my home town, but we are deprived, we are neglected,
we are abandoned and yet we produce the money for the development
of other places. So when the Tompolo matter came, it was to me an
opportunity for solidarity. It has nothing to do with money at all,
as indeed you would be shocked at the professional engagement fees.
And then I looked at the facts of the case. Tompolo offered to
shore up the financial fortunes
of NIMASA and there was an agreement
signed to share the proceeds of such financial improvement. What is
wrong with that? It is being done here in Lagos State through a
private company and even now, Nigeria Maritime Administration and
Safety Agency, NIMASA is doing the same thing through another
company. So you discover that it was just politicking. And then
Robert Azibaola was my classmate in law school, my comrade in the
Students’ Union during our university days so I got to know of the
facts of the case and I didn’t see anything corrupt in the
transactions. My focus in all of these was just to ensure that
people are not kept in custody perpetually. Let them face their
trial, give them bail, confront them with the facts of your
investigation and leave the rest to the court.
What about Chief Olisah Metuh?
He was never truly my client. I have never even met him in all of
my life, even up till this moment. Now at the inception of this
regime, we really and truly enjoyed the PDP as an opposition party.
We were having the true facts of the situation of Nigeria from
Chief Metuh. He was very eloquent, very versatile and courageous.
So when he was arrested and locked up, I felt it was all because of
the vocal role he was playing for the opposition. And of course you
have now seen that I was right, looking at what is going on in the
PDP right now. So I checked the Fundamental Rights Enforcement
Procedure Rules and discovered that the issue of locus standi in
actions for the enforcement of fundamental rights had been removed
and cleared. So I approached the court and filed the case in my own
name and with my own resources, for the release of Chief Metuh on
bail or for him to be charged to court. I was never instructed by
anybody at all. It was my own personal conviction. And I am doing
that in partnership with Lagos and Ondo States for common people in
prison.
Now I got assurances from the Economic and Financial Crimes
Commission, EFCC that Chief Olisa Metuh would be charged to court.
And immediately he was charged to court, I approached the court and
withdrew my case. All that I wanted was for his freedom to be
respected. And this is the point that we make with the
anti-corruption crusade. It must be prosecuted within the ambit of
the law. Since it is the law that created anti-corruption, then if
the law contains any provision that allows the person accused any
right at all, we must also respect those rights, while we insist on
their prosecution and trial. That is all.
Why did you drop your case against the EFCC Chairman?
Like I stated earlier, I prosecute my cases in court based on my
personal convictions. I wanted the court to give an interpretation
on the issue of the power of the Senate to confirm nominees of the
President. After filing the case, my counsel and friend, Mr. Tayo
Oyetibo, SAN, who is part of some non-governmental organizations,
NGOs crusading for integrity and probity, approached me with facts
of the life of Mr. Ibrahim Magu. He was part of the original Nuhu
Ribadu stock. You may call him any other name and say that Mr. Magu
is brutish, crude and even unrefined, but Mr. Oyetibo convinced me
that Mr. Magu is incorrigible and is better placed to carry on the
anti-corruption crusade. And since the President had not indicated
his choice as to the replacement of Mr. Magu, I readily bought into
the idea of the devil you know is better than the angel to come. I
however gave a caveat that I wanted the anti-corruption crusade
redefined to be more rule of law friendly and consider the issue of
bail as a constitutional right for all accused persons. Let the
focus be on the main trial and it should not be selective in
outlook. Once I had the assurances on these points, I then agreed
to withdraw the case in order to give Mr. Magu a chance. And till
now, I have not seen any fact to the contrary so I still believe
that Mr. Magu is incorrigible, until I get facts to the
contrary.
You don’t seem to have the same view of the President, and even
the Vice President, Yemi Osinbajo who is
said to be your friend?
No I don’t and my reasons are very simple. By now, you would have
seen through the Buhari administration. He just wanted power for
the sake of it. Himself and his party were not prepared at all for
governance. May be they didn’t believe they could displace the PDP.
Secondly, there is little difference between the present government
and the past. Please go and study the manifesto of the APC, which
represents the best that could happen to this country. But none of
those promises are being addressed, let alone fulfilled. The
President has deviated totally. He has divided the country more
than he met it. We are now more polarized on religion more than
ever before in any regime. The issue of the herdsmen has not been
properly addressed by the government. Then you have the issue of
lopsided appointments, whereby other parts of the country have been
sidelined completely. Or else how do you account for the total
neglect of the South East in this administration? So I see the
picture of a President who is parading personal integrity as the
hallmark of governance and nothing more. It is just enough for the
President if he is considered a puritan. So that gives him a
mentality of entitlement, as if Nigerians should be thanking God
daily that Buhari is their President. That is the picture I get
now, that we should forget about performance, we should forget
about the sufferings and poverty, the unemployment, the blackout
across the land, the violence all over the place and just be
hailing Sai Baba, Sai Baba, even when there is no food to eat, even
when parents can no longer pay school fees, when workers are not
paid and pensioners are neglected. That cannot be so sir.
So I looked round and see that nothing has changed indeed.
Petrol price was increased from N85 per litre to N145, electricity
tariff was increased even in spite of a court order to the
contrary, and in every facet of our national life, everything has
increased and yet, income has dwindled or remained stagnant. People
are suffering my brother. Yes I know the Vice President very well,
as a senior member of the Bar, a pastor of repute and indeed an
astute administrator. But like the President, it would seem that
the focus is just on personality rather than performance. I see in
the Vice President someone who is caged and I see in the President
someone who is helpless. They both probably never bargained for
what they met in office. So we keep praying for them and pointing
them in the right direction but after about two years now, it is
clear that they are not the options for Nigeria.
You have been relatively quiet regarding developments in
Lagos. You seem to be at home with the Governor Akinwunmi Ambode
administration?
Well, my actions generally are dictated by my convictions. When the
Ambode regime came, I decided to give him six months break to watch
his moves and see the direction of governance. That was extended
until bulldozers and caterpillars were rolled out to demolish
houses and shops. I mean we are in economic recession. It must have
taken some resources to build those houses and shops, so you don’t
send people into their early graves by such actions. Yes I see
pockets of developments here and there but I am concerned about the
seeming neglect of the judiciary. Most judges live in Ikoyi or
Lekki and many lawyers are already relocating to Lekki, Ajah and
other areas around the Lekki corridor. To that extent, there is an
urgent need for a judicial division of the Magistrate and High
Courts in the Lekki area here. I mean you plan for development. How
do judges, litigants and lawyers all be migrating to Ikeja,
Igbosere and other far locations for their cases? This is why more
cars are on the roads, why there is so much traffic and rush and
chaos. This can be avoided. So after the expiration of the period
of observation and probation, we have started the pressure now. But
I must confess that I have several means of reaching out to the
Governor and if I can reach him to point out issues and they are
well addressed, then of course, I will prefer such engagement. But
when they cannot be addressed, then we meet ourselves in the law
court or in the court of public opinion.
Why are you not active in the Nigerian Bar Association,
NBA?
I am very active in the affairs of the Bar Association. You know
they say charity begins at home. So I am more active within my
local branch, which is the Lagos Premier Branch. I was recently
joking with one of the executive members that I want to be the
chairman. But speaking seriously, I have been involved in planning
the law week of my branch, I do sponsor meetings and other
programmes, I have been a guest speaker on many occasions. At the
national level, I have been part of several Bar conferences and
indeed I was a lead discussant in the Bar Conference during Austine
Alegeh’s tenure. And I hope to be actively involved in incumbent
Mahmoud Abubakar’s tenure but it all depends on the choice of the
Executive committee. But my main issue with the Bar is that it is
rather elitist, it is not addressing the main issues facing lawyers
and the legal profession. The legal profession is in great jeopardy
presently, on account of the dwindling fortunes of lawyers. The rot
in the judiciary is affecting legal practice negatively. The delay
in the adjudication of cases has caused a major loss of confidence
in the judicial system by litigants. And this is not good for
society at all. It has nothing to do with corruption but simply
lack of willingness of the executive to fund the judiciary. I
believe that the NBA is not doing enough to address this issue.
The second point is the role of the NBA in our national life. We
cannot have a Bar Association that is silent and non vocal. The
aims and objectives of the NBA makes it imperative that it is like
a civil society organization, ever ready to keep government on it
toes and campaigning for the rule of law and good governance. That
has been absent in the recent executives of the NBA and we need to
do something about that. Lawyers by nature should be the watchdog
of the society. But I have had the privilege of interacting with
the present officers and I know many of them so since I have access
to them, I prefer to channel my issues to them directly. I believe
that the current exco is trying but it can do a lot more.
‘Buhari should address factors militating against
effective justice administration’
Mr. Ebun Olu-Adegboruwa is an eminent lawyer, human rights activist
and former Students Union leader the Obafemi Awolowo University,
Ile Ife and one of the very few legal giants who worked closely
with Chief Gani Fawehinmi, SAN during his
lifetime. In this interview with Correspondent EFE
AGHAROKPE, he says that Nigerians are still yearning for
another Gani eight years after the latter passed on September 5,
2009. He also speaks on current topical issues including the
anti-corruption war, rule of law and the performance of
the Muhammadu Buhari administration so
far. Excerpts:
Whether Nigerians missed Gani
There is no doubt that Nigerians missed Gani a lot. His several
court cases, his press interviews and his courage and candour. We
have not had anyone to stand in the place of Gani because of the
personal interests of those who should carry on his struggles. And
the fact that he had to close down his chambers and law firm has
not helped matters too. But you would well imagine the reasons why
he took that decision. Nigerians are in desperate need of another
Gani, who can confront this government without batting an eyelid,
who can speak the truth to power and not cringe at the mention of
certain names in power. Nigerians need another Gani, who would not
bow to the whims of tribalism to whip up support for All
Progressives Congress, APC South West politicians just because they
want to retain power as second fiddle to the North. Nigerians need
another Gani, who would not be an activist during the day and be a
politician at night.
What is your assessment of the state of the nation, in the light of
the health issues surrounding President Muhammadu
Buhari?
Our nation is in great peril of unending impunity and crises,
deliberately orchestrated by General Muhammadu Buhari and his
kitchen cabinet, otherwise called the cabal. This cabal is a
conglomeration of the personal aides of the President, like his
Chief of Staff, his private secretary, his aide de camp, etc, most
of who are his blood relations, who have all personalized
governance as a family affair. I got wind of the ill health of the
President a very long time ago and I raised the alarm that the
President was suffering from a serious ailment that has more or
less incapacitated him from the due performance of his duties as
President. I got to know that the main reason that the President
was travelling very often in the period of his ascension to power
was simply to attend to his failing health. So the so-called
international and state functions were deliberately tailored
towards his medical appointments so that the public would not
easily suspect him. Now, don’t get me wrong. Sickness is not a
matter for which anyone can rejoice over any other person. We
cannot play God or give the impression that we are any better than
the one who is sick. So, in that regard, it is totally wrong for
the aides of the President and the invisible cabal to carry on as
if sickness is a thing to be ashamed of, given the age of the
President, both the official and unofficial age. In other climes,
the health status of the leader is disclosed so that the citizens
can pray for and sympathise with their leader.
It cannot be private affair at all, especially as public fund is
involved. The APC government came with the slogan of change and
transformation but it has since departed from anything transparent
but rather reneged on virtually all its campaign promises. So,
sooner than later, it became inevitable that the cabal had to make
some disclosure concerning the health status of the President, for
very obvious reasons. The international community was already in
the know of the true facts of the health of the President, as he
was being treated in hospitals abroad. This was what led to the
eventual disclosure of the President’s health condition by the
cabal, although in bits and pieces. Remember that the First Lady
was also getting worried and agitated, to the extent that she
granted a very explosive interview, against the cabal, that had
also kept her away from her husband in the Presidential Villa
Abuja. The Senate President followed that with his alarm against
the cabal, so at that point they knew that the game was up so they
had to make some disclosures on the President’s health issues.
Why are you worried over Mr. President’s
health?
As a citizen of this country, I should be worried and you too
should be worried about the health of the number one citizen. But
more than citizenship, I am a stakeholder in the project called
Nigeria. I was a student leader in Obafemi Awolowo University, OAU,
Ile-Ife, moving from one region to the other redefine Nigeria. I
was part of the National Association of Nigerian Students, NANS.
This led to several deprivations, persecutions and arrests and
detentions. When I left the University I joined the Chambers of
Chief Gani Fawehinmi, SAN and I was involved in all his activities.
I was part of the June 12 1993 struggle at the level of the
Campaign for Democracy, the Committee for the Defence of Human
Rights, the Civil Liberties Organisation, and at so many levels. I
was arrested and locked up at the Directorate of Military
Intelligence in Apapa for about seven months. I was infected in
custody and had to undergo a major surgery. I have been charged to
court severally on account of my campaigns and struggles so I am a
stakeholder in the Nigerian project. And I will not just sit down
and allow some people to derail that project. Second reason is that
I immediately remembered the Umaru Yar’adua scenario, where the
late President (God bless his soul), was being kept in the Villa as
a priced asset for plunderers and looters, who were only preying on
his condition to get to power behind the back door. So, we cannot
go through that route again.
The third reason for my worry is that Nigerians voted for Buhari
in an open election, based on his personality and his campaign
promises. To that extent, I think it will be wrong for some other
person or persons to seek to take over governance through any other
means when they were never voted into office. So I had to raise the
alarm and the President took good notice of it and thereafter he
announced to Nigerians that he was proceeding on a medical
vacation, which he had to extend, ultimately. Till now, the
President has not deemed it fit to disclose the exact nature of his
ailment, in line with his acclaimed policy of transparency. In the
first trip, he said he was going for treatment for an ear
infection, which was considered minor but it turned out to be
major, as it affected governance, which is the fourth reason for my
own concern. Under the Constitution, especially section 5 thereof,
the powers of the President are executive in nature and he is
conferred with total and wide ranging powers as the leader of the
nation and its number one citizen. So the person who occupies the
office of the President must be fit and proper, he must be
physically sound and capable, he must be alert and mentally sound
and he must not suffer any impairment in any way, which is why the
Constitution also prescribes in section 144 that any incapacity by
reason of health should constitute a ground for his immediate
removal. It is that serious.
So if people are not sure of the President’s health status, if
investors are not sure of the fact that somebody fit and proper is
in charge, then they may want to delay investment decisions, it
will create some form of confusion in the land. So against all
these background, the health status of the President became a major
concern to the people of Nigeria, given our past experience during
the Yar’adua era. And since the President came back, he did not
address Nigerians on the outcome of his trip, leaving room for
conjectures and speculations. And this was not helping the nation
at all, as the vacuum that was created was giving rise to small
Presidents in different quarters, and everybody was beginning to do
his own thing. When we waited and we couldn’t bear it any longer,
we had to consult across board and came to a consensus that we must
challenge the President. By this time, we had waited for months for
the President to speak and disclose his health status but he did
not. He was already missing the weekly Federal Executive Council
meetings, which was mandatory for him to attend under sections 147
and 148 of the Constitution.
The relevant phrased used by the Constitution is “regular” and
once when the President could miss the FEC meetings, he was already
walking on egg shells around the Constitution. So it was at this
stage that we decided to give the President an ultimatum to
disclose his health on before May 29, 2017. We were prepared to
mobilize Nigerians on nationwide protests, from May 29. We wanted
to talk with Indigenous People of Biafra, IPOB, with Niger Delta
militants, labour leaders and other progressive minded activists to
give the President a run for his policy on transparency. Just
suddenly, we heard that the President was going to travel again,
for a follow up on his medical treatment.
What exactly is your grouse with the anti-corruption crusade of
this government?
It was clear to me from the very first day that the President was
not serious about fighting corruption. And I say this with all
sense of responsibility. The gate way to fighting corruption is of
course the judiciary. And as I speak, nothing is being done to
address the rot in that sector. It is not about corrupt judges or
lining judges up for trial. Yes, the judiciary stinks, but other
arms of government stink even more and yet money is being pumped
into those other arms to reform them but the judiciary is left in
its rot. To fight corruption, the President should have immediately
declared a state of emergency in the judiciary, in terms of
infrastructure, the welfare of judicial officers, expansion of
courts and of course discipline of judges and judicial staff, found
wanting. So, when the President ignores the factors militating
against effective justice administration and is busy chasing judges
considered to be anti government, then I knew we were not going
anywhere. And of course we now see the effect that the glut in the
judiciary is taking on all the corruption cases in various courts
as they have to take their turns in the judicial grave that this
regime inherited and has refused to reform.
The second aspect is the issue of persecution and witch hunting,
to the extent that opponents of government and even their lawyers
and even activists, became the targets of the anti-corruption
campaign. And at that point, it became clear to all, especially
lawyers and judges, that it was just a smokescreen to give the
government some cover from its non performance and confusion on the
way forward for the economy. Because for all we care now, it is
just going to be four years of shouting anti-corruption and
anti-corruption and just motion without any movement. It is a
government of distractions and scandals and that has not brought us
employment or the needed infrastructure at all. Even the loot being
recovered, are not deployed for any common good. Make no mistake
about this however. The anti-corruption agencies are probably doing
their best but the politicians have their own secret agenda for the
anti-corruption crusade, which is simply to hound their opponents
and perpetuate themselves in power. That is why you see a lot of
defections by politicians, going on, here and there. It is the fear
of persecution. And with the way the government has gone on with
media trials, all that it takes for anybody to be rubbished is just
to be arrested and accused of corruption and thrown into jail. That
is all. And this cannot be right at all.
But you are also facing trial and what is the fate of your
case?
Yes, I had my own dose of the anger of government, sometimes in May
last year, when I was arrested and accused of corruption and all
that. And of course you know the reasons behind it, being the cases
of Chief Government Ekpemupolo (Tompolo) and Robert Azibaola that I
handled. It is the sacrifice that I had to pay for democracy, good
governance and the rule of law. I thank God that that face of my
life has passed for good. And I thank all those that God used to
help and defend me while it lasted.
Were you accused of defending controversial cases?
No. Now I am partly Yoruba and partly Niger-Delta, coming from
Ilaje, which is the only local government in the South West that is
producing oil. I was also deeply involved in the Ogoni trials in
Port Harcourt, whilst I served with Chief Gani Fawehinmi, SAN. I
had the opportunity of interacting with the Ogoni activists and to
study their struggle properly. So the issues involved in resource
control resonate with me so very well. I am one of them, not just a
lawyer. The reason why I am still in Lagos is because of the
monumental neglect of my community. If there is development in my
native land, it should take less than one hour to travel from Lagos
to Ode—Etikan, my home town, but we are deprived, we are neglected,
we are abandoned and yet we produce the money for the development
of other places. So when the Tompolo matter came, it was to me an
opportunity for solidarity. It has nothing to do with money at all,
as indeed you would be shocked at the professional engagement fees.
And then I looked at the facts of the case. Tompolo offered to
shore up the financial fortunes
of NIMASA and there was an agreement
signed to share the proceeds of such financial improvement. What is
wrong with that? It is being done here in Lagos State through a
private company and even now, Nigeria Maritime Administration and
Safety Agency, NIMASA is doing the same thing through another
company. So you discover that it was just politicking. And then
Robert Azibaola was my classmate in law school, my comrade in the
Students’ Union during our university days so I got to know of the
facts of the case and I didn’t see anything corrupt in the
transactions. My focus in all of these was just to ensure that
people are not kept in custody perpetually. Let them face their
trial, give them bail, confront them with the facts of your
investigation and leave the rest to the court.
What about Chief Olisah Metuh?
He was never truly my client. I have never even met him in all of
my life, even up till this moment. Now at the inception of this
regime, we really and truly enjoyed the PDP as an opposition party.
We were having the true facts of the situation of Nigeria from
Chief Metuh. He was very eloquent, very versatile and courageous.
So when he was arrested and locked up, I felt it was all because of
the vocal role he was playing for the opposition. And of course you
have now seen that I was right, looking at what is going on in the
PDP right now. So I checked the Fundamental Rights Enforcement
Procedure Rules and discovered that the issue of locus standi in
actions for the enforcement of fundamental rights had been removed
and cleared. So I approached the court and filed the case in my own
name and with my own resources, for the release of Chief Metuh on
bail or for him to be charged to court. I was never instructed by
anybody at all. It was my own personal conviction. And I am doing
that in partnership with Lagos and Ondo States for common people in
prison.
Now I got assurances from the Economic and Financial Crimes
Commission, EFCC that Chief Olisa Metuh would be charged to court.
And immediately he was charged to court, I approached the court and
withdrew my case. All that I wanted was for his freedom to be
respected. And this is the point that we make with the
anti-corruption crusade. It must be prosecuted within the ambit of
the law. Since it is the law that created anti-corruption, then if
the law contains any provision that allows the person accused any
right at all, we must also respect those rights, while we insist on
their prosecution and trial. That is all.
Why did you drop your case against the EFCC Chairman?
Like I stated earlier, I prosecute my cases in court based on my
personal convictions. I wanted the court to give an interpretation
on the issue of the power of the Senate to confirm nominees of the
President. After filing the case, my counsel and friend, Mr. Tayo
Oyetibo, SAN, who is part of some non-governmental organizations,
NGOs crusading for integrity and probity, approached me with facts
of the life of Mr. Ibrahim Magu. He was part of the original Nuhu
Ribadu stock. You may call him any other name and say that Mr. Magu
is brutish, crude and even unrefined, but Mr. Oyetibo convinced me
that Mr. Magu is incorrigible and is better placed to carry on the
anti-corruption crusade. And since the President had not indicated
his choice as to the replacement of Mr. Magu, I readily bought into
the idea of the devil you know is better than the angel to come. I
however gave a caveat that I wanted the anti-corruption crusade
redefined to be more rule of law friendly and consider the issue of
bail as a constitutional right for all accused persons. Let the
focus be on the main trial and it should not be selective in
outlook. Once I had the assurances on these points, I then agreed
to withdraw the case in order to give Mr. Magu a chance. And till
now, I have not seen any fact to the contrary so I still believe
that Mr. Magu is incorrigible, until I get facts to the
contrary.
You don’t seem to have the same view of the President, and even
the Vice President, Yemi Osinbajo who is
said to be your friend?
No I don’t and my reasons are very simple. By now, you would have
seen through the Buhari administration. He just wanted power for
the sake of it. Himself and his party were not prepared at all for
governance. May be they didn’t believe they could displace the PDP.
Secondly, there is little difference between the present government
and the past. Please go and study the manifesto of the APC, which
represents the best that could happen to this country. But none of
those promises are being addressed, let alone fulfilled. The
President has deviated totally. He has divided the country more
than he met it. We are now more polarized on religion more than
ever before in any regime. The issue of the herdsmen has not been
properly addressed by the government. Then you have the issue of
lopsided appointments, whereby other parts of the country have been
sidelined completely. Or else how do you account for the total
neglect of the South East in this administration? So I see the
picture of a President who is parading personal integrity as the
hallmark of governance and nothing more. It is just enough for the
President if he is considered a puritan. So that gives him a
mentality of entitlement, as if Nigerians should be thanking God
daily that Buhari is their President. That is the picture I get
now, that we should forget about performance, we should forget
about the sufferings and poverty, the unemployment, the blackout
across the land, the violence all over the place and just be
hailing Sai Baba, Sai Baba, even when there is no food to eat, even
when parents can no longer pay school fees, when workers are not
paid and pensioners are neglected. That cannot be so sir.
So I looked round and see that nothing has changed indeed.
Petrol price was increased from N85 per litre to N145, electricity
tariff was increased even in spite of a court order to the
contrary, and in every facet of our national life, everything has
increased and yet, income has dwindled or remained stagnant. People
are suffering my brother. Yes I know the Vice President very well,
as a senior member of the Bar, a pastor of repute and indeed an
astute administrator. But like the President, it would seem that
the focus is just on personality rather than performance. I see in
the Vice President someone who is caged and I see in the President
someone who is helpless. They both probably never bargained for
what they met in office. So we keep praying for them and pointing
them in the right direction but after about two years now, it is
clear that they are not the options for Nigeria.
You have been relatively quiet regarding developments in
Lagos. You seem to be at home with the Governor Akinwunmi Ambode
administration?
Well, my actions generally are dictated by my convictions. When the
Ambode regime came, I decided to give him six months break to watch
his moves and see the direction of governance. That was extended
until bulldozers and caterpillars were rolled out to demolish
houses and shops. I mean we are in economic recession. It must have
taken some resources to build those houses and shops, so you don’t
send people into their early graves by such actions. Yes I see
pockets of developments here and there but I am concerned about the
seeming neglect of the judiciary. Most judges live in Ikoyi or
Lekki and many lawyers are already relocating to Lekki, Ajah and
other areas around the Lekki corridor. To that extent, there is an
urgent need for a judicial division of the Magistrate and High
Courts in the Lekki area here. I mean you plan for development. How
do judges, litigants and lawyers all be migrating to Ikeja,
Igbosere and other far locations for their cases? This is why more
cars are on the roads, why there is so much traffic and rush and
chaos. This can be avoided. So after the expiration of the period
of observation and probation, we have started the pressure now. But
I must confess that I have several means of reaching out to the
Governor and if I can reach him to point out issues and they are
well addressed, then of course, I will prefer such engagement. But
when they cannot be addressed, then we meet ourselves in the law
court or in the court of public opinion.
Why are you not active in the Nigerian Bar Association,
NBA?
I am very active in the affairs of the Bar Association. You know
they say charity begins at home. So I am more active within my
local branch, which is the Lagos Premier Branch. I was recently
joking with one of the executive members that I want to be the
chairman. But speaking seriously, I have been involved in planning
the law week of my branch, I do sponsor meetings and other
programmes, I have been a guest speaker on many occasions. At the
national level, I have been part of several Bar conferences and
indeed I was a lead discussant in the Bar Conference during Austine
Alegeh’s tenure. And I hope to be actively involved in incumbent
Mahmoud Abubakar’s tenure but it all depends on the choice of the
Executive committee. But my main issue with the Bar is that it is
rather elitist, it is not addressing the main issues facing lawyers
and the legal profession. The legal profession is in great jeopardy
presently, on account of the dwindling fortunes of lawyers. The rot
in the judiciary is affecting legal practice negatively. The delay
in the adjudication of cases has caused a major loss of confidence
in the judicial system by litigants. And this is not good for
society at all. It has nothing to do with corruption but simply
lack of willingness of the executive to fund the judiciary. I
believe that the NBA is not doing enough to address this issue.
The second point is the role of the NBA in our national life. We
cannot have a Bar Association that is silent and non vocal. The
aims and objectives of the NBA makes it imperative that it is like
a civil society organization, ever ready to keep government on it
toes and campaigning for the rule of law and good governance. That
has been absent in the recent executives of the NBA and we need to
do something about that. Lawyers by nature should be the watchdog
of the society. But I have had the privilege of interacting with
the present officers and I know many of them so since I have access
to them, I prefer to channel my issues to them directly. I believe
that the current exco is trying but it can do a lot more.
Read more https://nairalaw.com/nigerians-are-in-desperate-need-of-another-gani-says-olu-adegboruwa/