Tag: FEMI FALANA

  • Ambode urges Nigerians to avoid sowing seed of disunity

    Governor Akinwunmi Ambode of Lagos State on Wednesday urged Nigerians to rise above all divisive tendencies for the survival and sustainable development of Nigeria.

    Ambode made the call at the 19th Annual Lecture to mark the 73rd birthday of Dr Mike Okonkwo, Presiding Bishop of The Redeemed Evangelical Mission (TREM), in Lagos with the theme – “Nigeria’s Unity,  Matters Arising”.

    According to him, the coming to being of Nigeria in 1914 is not a mistake, but a divine event for a purpose which Nigerians must work together to actualise.

    The governor, represented by the Deputy Governor,  Dr. Idiat Adebule, said that the importance of unity in the development of a nation could not be overemphasised.

    “We can achieve little as individuals or groups but we stand to achieve much more together as a nation and as a people united by a common vision.

    “At a time in the world when the nations are seeking to break barriers and expand their geographical space to create stronger and more resilient economies, we cannot be moving in the wrong direction by creating barriers of sowing the seed of disunity.

    “’It is of essence that we see ourselves first and solely as Nigerians before any other consideration.

    “’We need to desist from focusing on our ethnic, religious, political and tribal differences and embrace the Nigerian spirit of being our brother’s keeper, ” he said.

    Ambode urged government at all levels to make social justice a relentless pursuit as a way to promote a sense of belonging needed in a multi-ethnic, cultural and religious entity like Nigeria.

    Read Also: Lagos pilgrims pray for Ambode

    In his lecture,  Mr Femi Falana (SAN), said that restructuring was key to sustaining and protecting the unity of the country.

    Falana also said that equitable distribution of the nation’s wealth to take care of Nigerians was another way to promote unity in the country.

    “’What is of urgency now is to restructure this country because if everybody can be allowed to mind their own business, then our country will be better for it.

    “’If we want a new country,  we need restructuring by litigation. The struggle must continue otherwise our challenges as nation will remain. We must also democratise power by giving power to the people.

    “’Women should also be given political positions because no country can be free without the liberation of women. It is working for Ruwanda with two-third of  women in political position, it can be achieved in Nigeria too, ” he said

    The Chairman of the event,  Mr John Nwodo, President-General, Ohanaeze Ndi-Igbo Worldwide, described Okonkwo’s life as examplary and trail blazer.

    “God has endowed you with gifts and you have used these gifts to touch lives of many Nigerians positively by establishing over 200 branches of TREM in less than three decades.

    “You have been promoting civic education, youth empowerment and organising seminars to touch the lives of many. You deserve to be celebrated.

    “Your rejection of materialism by rejecting and opposing `Tithes’  is humbling and examplary, ” he said

    Nwodo said there was the need for intelligence gathering and adequate policing to prevent crimes, killings and protect property, lives and unity of the nation.

    He also called for adequate mentoring of children to instill values of discipline and prepare them for leadership positions in the future.

    The Convener, Dr Mike Okonkwo, urged political and religious leaders to break down the barriers that divide the country along ethnic and religious lines.

    Okonkwo also urged governments to prioritise youth empowerment, saying that a well informed person would inform a better and progressive society,  thereby building a virile and world class nation.

    The  Mike Okonkwo annual lecture was established  in 2000 to discuss topical national issues to provide solutions to the challenges facing the nation.

    NAN

  • FG must balance human rights, national security – Falana

    Human Rights lawyer Femi Falana (SAN) has advised the Federal Government to comply with Nigerians’ human rights while securing the country and her interests.

    Falana said both security and human rights can coexist and are necessary to prevent breakdown of law and order, but that it was problematic to place state security above individuals’ rights.

    He said the purpose of national security should be to protect democracy. He urged President Muhammadu Buhari to make advancing human rights a central pillar of Nigeria’s national security policy.

    The lawyer warned the government not to allow itself to be used by those seeking to undermine “these fundamental values” as a ploy to “destroy democracy through the use of violence in its most inhuman form.”

    Falana spoke on Wednesday in Abuja while delivering a paper ‘Rule of law and security’ at the 2018 Annual General Conference of the Nigerian Bar Association (NBA).

    Buhari, in an address at the opening ceremony of event on Sunday, suggested that individual rights of alleged offenders would have to take a back seat when national security and public interest were threatened.

    “Rule of Law must be subject to the supremacy of the nation’s security and national interest.

    “Our apex court has had cause to adopt a position on this issue in this regard and it is now a matter of judicial recognition that where national security and public interest are threatened or there is a likelihood of their being threatened, the individual rights of those allegedly responsible must take second place, in favour of the greater good of society,’’ the President said.

    But Falana noted that placing security concerns in direct opposition to human rights “creates a false dichotomy.”

    Read Also: How to stop SARS’ brutality, by Falana

    He said: “Each is essential for ensuring that a society is both “free” and “secure.” Privileging one over the other can have unintended negative consequences. It is therefore important for Nigeria to strive to nurture the synergies between the two, and to incorporate human rights into national security strategies.

    “I recognise that it can be difficult to find a balance between ensuring national security on the one hand, and preserving human rights and the rule of law on the other. Nevertheless, I firmly believe that both security and human rights can fully coexist and are absolutely necessary to prevent breakdown of law and order. I posit that the purpose of national security should be to protect democracy and enhance democratic principles.”

    According to him, the government has a legal responsibility to preserve and promote all human rights as well as the rule of law.

    “Undermining these fundamental values would go in the direction wished by those whose aim is to destroy democracy through the use of violence in its most inhuman form,” the lawyer added.

    He berated the police and security agencies for concentrating on monitoring the activities of human rights activists and opposition figures in the country, while failing “to foil illegal take-over of government, through coup de tat and rigging of elections, kidnapping, hostage taking, religious riots and civil disturbances which have continued to threaten national security.”

    He warned the executive against detaining citizens for security reasons and disregarding court orders “for the release of such persons if it is found that the detention has nothing to do with national security.”

    Falana berated the Nigerian Bar Association for failing to sanction the activities of Attorneys-General and senior lawyers “who engage in the subversion of the rule and national security.”

     

  • Why Buhari must sign Electoral Bill now, says Falana

    Human rights lawyer, Femi Falana, SAN, has asked President Muhammadu Buhari to “urgently” sign the 2018 Electoral Act Amendment Bill into law.

    Falana said if the president signs the bill now, whatever modifications the bill seeks to make to Nigeria’s election sequence, would not affect the 2019 elections.

    This, according to him, is because an Economic Community of West African States (ECOWAS) Protocol, to which the country is a signatory, bars Nigeria from modifying electoral laws six months to elections unless certain conditions are met.

    Early this year, President vetoed the bill passed by both chambers of the National Assembly on the grounds that it contained certain provisions which were inconsistent with the 1999 Constitution.

    The lawmakers then expunged the said provisions and passed a new bill, which has been transmitted to the President for assent.

    Falana said he was compelled to call on the President to sign the bill into law in view of the fact that the Independent National Electoral Commission (INEC) has announced that the 2019 elections will commence in February 2019.

    He said: “In making this call, the attention of the President ought to be drawn to Article 2(1) of the Economic Community of West African States Protocol A/SP1/12/01 on Democracy and Good Governance which provides that:

    ‘No substantial modification shall be made to the Electoral Laws in the last six (6) months before the elections, except with the consent of majority of political actors.’

    Falana noted that the ECOWAS Court had ruled that all the member states of the ECOWAS are bound by the provisions of the Protocol on Democracy and Good Governance.

    Read also: 3rd Mainland bridge to be shut down for four days

    He added: “Since the modification made to the 2010 Electoral Act is substantial, the Bill cannot be passed in less than six months to the 2019 General Election.

    “Since Nigeria is legally obliged to comply with the said Protocol, President Buhari, who is the current Chairman of the ECOWAS, should ensure that the Electoral Bill 2018 is assented to without any further delay.”

  • How to stop SARS’ brutality, by Falana

    Human rights lawyer, Femi Falana SAN, has suggested ways to curb the excesses of police unit, the Special Anti-Robbery Squad (SARS).

    Falana warned that the ongoing re-organisation of the SARS will fail unless citizens are mobilized and empowered by the government, the Nigerian Bar Association and human rights community to enforce their rights.

    He recommended the prosecution of indicted SARS operatives, amendment of the Sheriff and Civil Process Act, greater use of the Administration of Criminal Justice Act (ACJA) 2015 among others.

    He noted that the ACJA, in particular, if implemented, “can put an end to the atrocities of the SARS and other law enforcement agencies.”

    The lawyer made the recommendations in a paper titled ‘How citizens can curb the excesses of SARS’.

    On August 14, Acting President Yemi Osinbajo directed the Inspector General of Police (IGP) Ibrahim Idris to review the SARS’ operations.

    According to a statement signed by his spokesperson, Laolu Akande, the decision was sequel to complaints and reports on the activities of the SARS.

    Falana commended the Acting President for the directive, but urged the police to ensure that all indicted police officers are prosecuted and made to pay part of the damages awarded by the courts to victims of police brutality.

    He also commended the organisers of the #ENDSARS campaign “for forcing the Inspector-General of Police to embark on the reform of the SARS.”

    He said: “This must be complimented by the determination of the federal and state Attorneys-General to give fiat to victims of police brutality to enforce judgment debts awarded by the courts against the Nigeria Police Force.

    “Furthermore, members of the armed forces should be removed from the SARS since it is the constitutional responsibility of the police to maintain law and order in a democratic society.

    Read Also: Resign now, Falana tells Saraki, others

    “At the same time, the police personnel in the reconstituted SARS should be well trained, well-motivated and well equipped to deal with dangerous crimes in the society. In addition, the teaching of basic human rights ought to be made compulsory in the police academy and similar institutions.”

    The lawyer noted that it was the duty of state governments which fund the operations of the SARS is to monitor its activities and prevent it from violating the rights of the people in each state of the Federation.

    He also demanded that the National Human Rights Commission (NHRC) and the Office of the Public Defender (OPD) in each state should ensure that the excesses of law enforcement agencies are curbed.

    According to him, the Nigerian Bar Association and the human rights community should embark on mass enlightenment of the Nigerian with respect to the fundamental rights enshrined in the Constitution. They should also educate citizens on their basic rights under the Administration of Criminal Justice Act, 2015 and Anti Torture Act, 2017.”

    Falana noted that in 2014, he received many complaints pertaining to alleged disappearances of scores of armed robbery suspects in police custody.

    He said: “In the course of investigating the complaints our law firm found that not less than 532 armed robbery and kidnap suspects were arrested, detained and paraded at crowded press conferences addressed by police commissioners in all the states of the federation. To my utter dismay, majority of the suspects were illegally executed by the operatives of the SARS!”

    He advised the relations and friends of any suspect killed in police custody to press charges against the culprits.

    “Where the identity of the culprits is not disclosed an inquest should be conducted to identify them with a view to prosecuting them. The government should also be made to pay compensation to the family members of suspects who are killed illegally in police custody,” Falana added.

    He called on the National Assembly to repeal Section 84 of the Sheriff and Civil Process Act which provides that a judgment creditor cannot garnishee the accounts of a public institution without seeking and obtaining the fiat of Attorneys-General.”

  • Falana gets information on N4.6b fuel drained daily from FG

    The federal government has forwarded to Lagos lawyer, Femi Falana (SAN) information on fuel importation and sundry matters.

    The requested information was forwarded to the lawyer by the Department of Petroleum Resources (DPR) which was acting on the directive of the Minister of state, Petroleum Resources, Dr Ibe Kachukwu as requested in his letter to the minister dated April 17, 2018.

    A letter dated July 9  and signed by Kingston Chikwendo on behalf of the DPR  to Falana and titled “Re: Request for Information on Fuel Importation and Sundry Matter” stated in part: “We humbly referred to your letter dated 17th April, 2018 to the Honourable Minister of State, Petroleum (HMSP) requesting for information on fuel importation and sundry matters.

    “The HMSP has directed the DPR to provide you with the requested information.

    “Consequently, we hereby forward to you the requested information as detailed in your letter”, it stated.

    In his letter dated April 17, Falana had specifically requested the minister to provide him with copies of the documents relating to: “ Bill of laden and DPR certified cargo discharged certificates of the imported subsidized petroleum products  into the country from December 2017 to March 2018;  Offshore processing  agreements pertaining to the sale of the 445,000 barrels of crude oil per day plus any additional crude barrels approved for domestic consumption from December 2017  to March 2018;  Volumes of domestic refined products by the nations’ local refineries against gross expenditure on refinery turn around maintenance(TAM)/ expended budget in 2017”.

    Others are  “Gross  amount of forex differential or forex subsidy (gap Between CBN rate and Special rate approved for fuel importation) from December 2017 to March 2018 and   amount expended by PEF on Project Aquila from inception aimed at tracking petroleum trucks nationwide to prevent smuggling of petroleum products”.

    Read Also: Insecurity: Falana seeks removal of service chiefs

    Falana’s request followed disclosure by the management of the NNPC that the nation’s  consumption rate of fuel was 28 million litres per day and that subsidy cost was N726 million per day,  that is,  N261.4b per annum.

    He also recalled that on March 5, 2018, the Group Managing Director of the NNPC, Dr. Maikanti Baru claimed that the figure had metamorphosed to 50 million litres per day and that NNPC had spent $5.8billion (N1.7 Trillion) on fuel importation in January and February 2018 and that at a public forum held in Abuja two  weeks ago, the minister stated  that the consumption rate of fuel  has skyrocketed to 60 million and that the cost of  subsidy is N1.4 trillion per month!

    On the alleged subsidy of fuel importation, Falana reminded the minister that he failed to disclose the amount realized from the sale of the 60 million liters at N145 per liter.

    “You have also conveniently failed to account for the sale of the 445,000 barrels of crude oil allocated to the NNPC daily by the federal government.

    “Honorable Minister, the convenient defense of smuggling as cheap justification for a gap of 32 million litres a day (at N145 per litre is N4.6 billion daily) is untenable given the billions of Naira continually expended on Project Aquila Software by the Petroleum Equalization Fund (PEF), a Parastatal under your watch in the Petroleum Ministry, to track every litre of petroleum product evacuated from the Depots and sold at retail stations in the country”, Falana stated.

    He argued “since the Project Aquila Software has capability to identify the owners and locations of all trucks loading petroleum products in Nigeria why has your office and NNPC continue to blame smuggling for the drain of N4.6 billion daily on petroleum products? How many of the Truck owners involved in the alleged smuggling have been arrested and arraigned in court since Aquila has the data base of all Truck Owners in the country?”, he asked.

    The federal government blamed the increasing consumption rate on the smuggling of fuel from Nigeria to neighboring countries by some economic saboteurs.

    Falana had insisted that the claims of the government does not explain the difference of 32 million litres per day between the consumption rate of imported fuel in December 2017 and March 2018 when it is assumed that

    The total volume of fuel consumed by Benin, Togo, Cameroon, Niger, Chad and Ghana is said to be less than 250,000 litres per day.

  • Plateau killings: Reps PDP Caucus seeks prayers, concerted efforts

    The Caucus of the People’s Democratic Party (PDP) in the House of Representatives has said that concerted efforts and prayers are the only measures that can bring an end to  the violent attacks in parts of the country.

    The Caucus condemned in strong terms the latest attack in Plateau state where more than one hundred lives were confirmed dead, the lawmakes, while expressing  shock over the  killing of little children in violent attacks largely suspected to be retaliatory action over lost cows.

    The opposition lawmakers however condemned the Federal government’s inaction over what it described as deliberate ineffectiveness, unending criminality and free flow of human blood continue across the nation, as a result of emboldened herdsmen’s incessant bloody campaigns.

    In a statement on Thursday by the Deputy Minority Leader, Chukwuka Onyema, the Caucus also condemned the Presidential Villa security personnel’s assault on a leader of the Bring Back Our Girls Movement (BBOG) and former Minister of Education, Oby Ezekwesili on Tuesday while on a solo protest march to the State House to demand for accountability and end to the violent killings going on in the country.

    It reads: “Following the gruesome killing of more than 100 persons and razing of some 50 houses, two cars and 15 motorcycles by rampaging herdsmen who wantonly invaded Razat, Ruku, Nyarr, Kura and Gana-Ropp villages of Gashish District in Barkin Ladi Local Government Area of Plateau state, the US Department of State joined its voice to that of numerous concerned Nigerians by expressing utter condemnation for such unjustified violence.

    Read Also: PDP lawmaker joins APC

    “For long, the APC government that came into power on the basis of now-unrealized promises of bringing back all the abducted Chibok girls had remained rather aloof from the cries and pains of many whose states and communities had been visited with pains, sorrow and death in the hands of rampaging and armed herdsmen.

    ‘Activist lawyer, Femi Falana has expressed possibility of dragging the Federal Government and the Plateau State Government to the Special Prosecutor of the International Criminal Court for condoning crimes against humanity and genocide while Amnesty International which notes that at least 1813 people have been murdered in 17 states in the country this year, asserts that government’s failure to hold murderers to account is encouraging them and fueling rising insecurity across the country.

    “It is cause for concern that Oby Ezekwesili, the co-convener of the BBOG movement ran into trouble after she began a loud solo protest with her demands for action from the Presidency, as she asked for explanations that normally agitate the minds of many Nigerians.

    “On a date that it had just been disclosed that Nigeria, under the APC government, has overtaken India in the democratization of poverty for 87 million citizens, including 11 million that lost their jobs within the last three years; Ezekwesili was asking the APC government to put an end to the endless killings by herdsmen, stop its routine blame game and reveal the identity of the perpetrators of wanton killings in Benue, Taraba, Kaduna, Zamfara, Plateau, Nassarawa and Kogi states.

    “Too many needless deaths are occurring and it is time for all to feel deeply concerned; we urge all Nigerians to join hands in special prayers for the repose of the souls of those killed as well as victory against those using political power to tactically justify the activities of killer herdsmen”.

  • Harness resources to promote prosperity, citizens’ welfare­, Falana urges FG

    A human rights lawyer, Mr Femi Falana (SAN), has called on the Federal Government to harness resources to promote national prosperity that would impact on the citizens’ welfare.

    Falana made the call on Monday in Lagos at the launch of “Upright for Nigeria – Stand against Corruption’’.

    According to him, the reality of integrity will be a mirage in a country where majority of the citizens were faced with poverty, low wage, poor healthcare and poor education system.

    Falana said that the crisis of underdevelopment of the country had been worsened by what he called the anti-welfarist policies of successive governments.

    He said though, the Federal Government had enacted some welfare laws for the actualisation of the socio-economic rights of the people, it had consistently breached the provision of its welfare law.

    The lawyer listed some of the laws to include: the People’s Bank Act; Nigerian Education Bank Act; Compulsory Universal Basic Education Act; Child’s Right Act and National Health Insurance Act.

    “Instead of providing fund for public schools, the government has continued to encourage the establishment of private schools for the education of children of the elites,” he said.

    Falana said that majority of the state governments failed to contribute counterpart fund that would enable them to access the UBE fund.

    This, he said, led to N68 billion lying idle in the UBE account with the Central Bank of Nigeria.

    The rights activist said that the situation had led to increasing rate of out of school children in the country.

    Falana urged government to increase funding of education, health and improved welfare of citizens to aid the success of its anti-corruption campaign.

    In his remarks, Mr Newton Otsemaye, the Project Manager, Actionaid Nigeria, recalled that the programme was implemented by three Civil Society Organisations, including the ActionAid Nigeria, Centre for Democracy and Development (CDD) and Centre for Communication and Social Impact.

    Otsemaye said that the consortium of CSOs manages an anti-corruption project called Strengthening Citizens Resistance against Prevalence of Corruption (SCRAP-C).

    He said that the launch of “Upright for Nigeria-Stand against Corruption’’ campaign was an integral part of the SCRAP-C project conceived to change public attitude to increasingly disapprove of corrupt activities.

    Also, Mrs Babafunke Fagbemi, the Executive Director, Centre for Communication and Social Impact, said that the campaign complements the ongoing efforts of government to fight corruption by examining the ‘demand’ side being society and social norms.

    Fagbemi said that the campaign seeks to maintain public support for anti-corruption and promote a corruption averse mentality.

    “Through this campaign, over time, we hope to counter the pessimistic feelings of helplessness associated with the status of corruption in Nigeria.

    “The campaign will be the vehicle to influence social norms and attitude with a view to effect a social and sustainable change,” she said.

    Fagbemi said that the campaign would have national and state specific engagements in Kaduna, Kano (extending activities to Jigawa), Lagos, Enugu, Borno and Akwa Ibom.

    Commenting, Mr Kazeem Adeniji, the Lagos State Commissioner for Justice, said that there was need to implement innovative measures in the areas of prevention, criminalisation, international cooperation and asset recovery.

    Adeniji said that public servants and elected officials must be guided by ethics, transparency and accountability to drive government’s efforts in fighting corruption and developing the country.

    The News Agency of Nigeria (NAN) reports that the United Kingdom Department for International Development (DFID) had in 2017 launched Anti-Corruption in Nigeria (ACORN) programme. (NAN)

  • Absence of judge stalls El-Zakzaky’s trial

    The absence of Justice Gideon Kurada of a Kaduna High Court on Thursday staled the arraignment of the leader of the Islamic Movement in Nigeria (IMN), Ibrahim Zakzaky and his wife, Zeenat over alleged culpable homicide.

    The Kaduna State Government had brought an eight-count charge against the IMN leader and his wife.

    They are being charged for alleged conspiracy, abating culpable homicide and other related offences.

    Journalists were however stopped by the police from entering the court for the proceedings.

    However, Zakzaky’s counsel, Femi Falana (SAN), informed the News Agency of Nigeria  that the judge was unavoidably absent to take the case.

    He said both prosecuting and defence counsel have decided and picked July 11 as the next adjourned date.

    Read Also: El-Zakzaky: Shi’ite members protest in Abuja, demand his release

    Falana decried the action of police in stopping journalists and commuters who were interested in the case to witness the proceeding.

    He said that there was no law in the country which stops people from witnessing the proceeding of a trial of any citizen.

    NAN reports that on May 15, Zakzaky and his wife were brought to court for arraignment.

    The prosecuting counsel, Dari Bayero however asked for more time to enable the prosecution serve the two other persons standing trial with the Shiites leader.

  • Institutions and individual talent and courage: for Kunle Ajibade and Femi Falana @60

    A revelation: the title of this tribute to Kunle Ajibade and Femi Falana derives from an essay by T.S. Eliot (Nobel Literature Laureate, 1948), “Tradition and the Individua Talent”. For upper level undergraduate and graduate level students of English and Comparative Literature in the English-speaking world, Eliot’s essay is perhaps second to none in the awe that it inspires in teachers and students alike. Well, let us say that that was the state of things in my days as both an undergraduate and a grad student, at home and abroad. Here is the central argument of the essay, audaciously compressed into a single sentence: Tradition weighs heavily on all poets, so much so that only poets of outstanding individual talent can – and must – do what they want with tradition; indeed, it is the through the transformative agency of the individual talent of extraordinarily gifted poets that tradition itself survives and grows.

    From the title of this tribute, it can be seen that for the word, “tradition”, I have substituted “institution”. Does this therefore mean that by this substitution I am suggesting that the institutions or professions of our two celebrants – journalism and law – weigh so heavily on them that it is to their individual talent and courage that we must look for the meritorious contributions for which they have been extensively hailed on the occasion of their 60th birthday anniversary? In other words, following the example of Eliot’s famous essay, am I suggesting that it is not because of but in spite of their respective professions – journalism and the law, the press and the bench – that Kunle and Femi have been so successful, so widely respected?  Yes, that is what I am suggesting – but I am going well beyond Eliot in my observations and reflections in this tribute.

    In his celebrated essay, Eliot had in mind the tradition of the entire poetic heritage of the Western world, from classical antiquity to the modern age. Moreover, he thought of this tradition as not only a unity but also a peerless heritage. Let us put the matter squarely: while not being a supremacist in the essay, Eliot was nonetheless sanguine about the value, the majesty if you like, of the Western poetic heritage. From this angle of perception, it will be readily accepted that no one can speak of institutions with the kind of almost worshipful veneration with which Eliot speaks of tradition in his famous essay. Why so?

    Famously or infamously as the case may, institutions are extremely prone to corruption, to corruptibility. Yes, but so also are traditions. Well, that is true, but corruption and corruptibility are far more common, far more manifest in institutions. Think also of this fact: in his essay, Eliot had in mind a tradition which, as far as he was concerned, had never been colonized, never been subjugated by powers or forces alien to the Western world. Who does not know that at independence in virtually all the regions and nations of the formerly colonized, non-western world, institutions imposed on entire nations and local communities had been so alienated and alienating that new ones had to be built from scratch? Who does not know that up till the present day, we are still in the dark, we are still groping in our efforts to build solid, serviceable and sustaining institutions?

    In almost all the tributes and salutations to Kunle and Femi that I have read, their personal qualities have been identified not in isolation, but in connection with their achievements in their chosen professions. But on the whole, the compliments, the encomiums have taken the connection between their personal talents and achievements and their professions for granted. Since I met both of them at O.A.U., Ife, long before they became the distinguished and universally respected journalist and lawyer that they are, respectively, today, I can confirm that their professions did not make them who they are; rather they brought into their respective professions who they were. More precisely, they brought into their professions who-they-were-in-the-making when I first met them more than three decades ago.

    Human beings are not made like the seed of the acorn that will grow into an oak tree whether it likes it or not. This is both a tragedy and a wonderful opportunity. It is a tragedy because we human beings could use the assurance, the certainty that all things being equal, like the acorn that will inevitably become an oak tree, every child will grow into a solid, senescent and worthy adult. I say this with the keen sorrow of one who has just lost a 46-year old niece. But it is also an opportunity that we are not like the acorn seed because the future for us humans is more open, more flexible and more responsive to the vagaries and uncertainties of nature and experience.

    Kunle was my student as both an undergraduate and graduate student at O.A.U., Ife and even though he was closer to me than many of the other cherished students that I taught at that institution, I swear that I did not know then that the woman he would marry would be called Bunmi and the sons they together produce would be Folarin and Mayowa. Yes, I am being deliberately facetious here, but all the same, it has been a great joy to me that the lean, slightly gangling, self-effacing but endlessly mirthful young man that I first met at O.A.U., Ife went on to create an incredibly blessed life with and for Bunmi and their gifted sons. From that initial period to the present, the aura of a secular saint that one immediately felt about him has not only never left Kunle but has grown in substance and depth.

    Kunle was one of my most avid, imaginative and inquisitive students and many were the futile attempts that I made to restrain his enthusiasms, to contain his quiet but unmistakable reserves of energy. Teachers project onto their students what they think about themselves: I tended to see my own kind of restlessness at that stage of my young adulthood in students close to me. Kunle responded to this intimation from me in his own inimitable way – by threading and weaving his own restless energy through a loom of stolid calmness. I have never fully explained this satisfactorily to myself, but in my mind, his essence has always seemed to me akin to that of Orunmila – without, of course, the otherworldly metaphysics with which the wisdom and equanimity of that deity are clothed. When the season of anomy came and Kunle paid the price in a cruel and wounding incarceration in Sani Abacha’s dungeons, this deeply ingrained trait would come to be the source of his literal and symbolic salvation – but that was in a future that I will presently briefly explore in this tribute.

    Femi was never directly my student but since he was as present in the intellectual circles of productions and debates in the arts, the humanities and politics dominated by the students of the Arts Faculty, he might as well have been one of my/our students. Indeed, I remember distinctly that Femi was in my overloaded15-seater Volkswagen Kombi bus when, sometime in 1982, I drove a group from Ife to U.I. to listen to the Inaugural Lecture of the late Abiola Irele. Titled “In Praise of Alienation”, the lecture did not disappoint us on the expectations that made us all head to Ibadan to be part of the audience at its formal delivery. As expected, it was very thought-provoking, so much so that all the way back to Ife and for the next couple of weeks, the lecture dominated our conversations. And Femi, who was a student in the Faculty of Law, was as engaged as any student of the Arts Faculty in that debate that was deeply philosophical.

    Why do I remember so clearly that Femi was in that group that day in 1982? Was it because he was the only student who was not from our Faculty? No, because there were students from other faculties beside Femi in that Kombi bus. As a matter of fact, this was the wonderful thing about O.A.U., Ife, at the time: the intellectual ferment, the renaissance in ideas, perspectives and orientations was as interdisciplinary as it was transdisciplinary. It was a great crossroads of the arts, the human sciences and the “hard”, natural sciences. For instance, in our Marxist or Socialist group, there were several literary critics, a historian, two physicists, a couple of botanists, a theologian and a linguist, not leaving out two philosophers, and a social psychologist. More broadly and with regard to the campus-wide milieu, scholars and administrators of a distinct liberal humanist persuasion were countable in their dozens. For instance, let it be known that when Obasanjo purged many universities of radicals and progressives in 1978, O.A.U., Ife, was the only university in the country that refused to follow the dictates of Dodan Barracks, the dreaded, notorious headquarters of military dictatorship at the time. How did this happen? Simple: the incumbent Vice Chancellor at the time, the late and revered Ojetunji Aboyade, refused to rubberstamp the orders from Obasanjo to get rid of “us”. WS was in Ife at the time; so was the late Ola Rotimi; so was Itse Sagay; so were many others too numerous for me to identify here.

    This has not been a digression from the topic at hand, this being Femi Falana in his student days. I remember him in that trip to U.I. to hear Irele’s Inaugural Lecture, I remember him distinctly in the large, motley crowd of activists, progressives and patriots because he stood out. To stand out in that time and place was a singular accomplishment, an indication of things to come. Femi stood out then – as he stands out now – not because he wanted to win a popularity contest but because to virtually all students and faculty, he was one of the most outspoken, one of the most dependable, one of the most selfless activists of his generation. Much later, I would find out that he had attended a Roman Catholic seminary and might very well have joined the priesthood. If only for the sake of his wife, Funmi, and their son, Falz the Bahd Guy, we must forever remain grateful that he did not follow that path. I don’t know which order of priests he would have joined, but even before that part of his biography became known to me, I had always secretly thought of him in the light of a mixture of Franciscan altruism and Jesuit rigour!

    It is a great thing, an almost unquantifiable achievement for one to be deeply and genuinely liked and respected by colleagues in one’s profession. But only as long as one also respects and venerates the profession, its leading figures, its practices, its reputation. Ah, the reputation, the profile of lawyers – the bench and the bar – in our country! And the press, the confraternity of journalists? Perhaps not as ugly and odious as that of lawyers, magistrates and judges, but up there among some of the most suspicious like the police and the tax, levies and rates collectors. When we praise people like Kunle and Femi, why are we silent about their professions as institutions that share a big part of the corruption, the decadence that we see in virtually all our institutions? At the very moment when Kunle was languishing in Abacha’s dungeons falsely accused by the dictator of involvement in a coup that everyone knew was a phantom coup, the Nigerian press was filed with prominent journalists who not only supported Abacha but generally preferred military rule to all forms of democratic governance in our country and our continent. And lawyers then and now? Is it not the case that terrible corruptions that do not happen in other nations of the planet take place here in our country among our lawyers in particular and in the profession of law in general?

    I wish to end this tribute by stating loudly and clearly that I am not singing a hymn to individual heroism. Yes, I have written mostly about the individual talent and courage of Kunle Ajibade and Femi Falana. But my emphasis, my gaze has been fixed on institutions as supra-individual entities.  Both of our celebrants have always worked with and through organizations and collectives of like-minded patriots and progressives. The story of Kunle’s travails and triumphs under military dictatorship is inseparable from the larger story of the collective heroism of that outstanding newsmagazine, The News, together with the comrades with whom Kunle built it into one of the most consequential media organization in the history of the country. On this point, Femi must learn to work more with and through caucuses and formations of progressive, dedicated lawyers. I have said this to him privately; he will perhaps indulge me in saying it publicly in this tribute.

    Sixty is a long way to the final, everlasting exit that awaits all members of our species; may you both tarry long and in good health on this side of the great divide. There is still a lot to do. I am particularly pleased by the title of the symposium held in your honour, Kunle. Yes, Nigeria will have a bright future, but the task is collective, unending. Ise si ku lopolopo; ko ni re yin o, ko ni re wa o!

    Biodun Jeyifo

    bjeyifo@fas.harvard.edu

     

  • Memory-challenged politics (For Femi Falana and Kunle Ajibade)

    Femi Falana (SAN) is 60. Kunle Ajibade is 60. It is a big deal. The hazards of life in this divinely blessed country of ours are well known. There is also the specificity of the dangers of Kunle’s chosen profession. And there are the perils of Femi’s conscious decision to get out of the comfort zone of the learned profession where his peers make cool wealth, to wade into the tortuous waters of human right and political activism.

    That both are alive despite the fragility of existence in our native land is God’s own doing. That both are free men today, even as their erstwhile oppressors are long gone and probably groaning in hell, reminds us that the just shall live by faith.

    In the thick of the struggle for democracy which started with the annulment of the June 12, 1993 presidential elections, I used to assure my peers and fellow activists that each of us was writing a story which was bound to endure no matter what happened to the struggle.

    Femi and Kunle suffered the indignities of the struggle. They were harassed by agents of the state. They were bundled into detention and maximum prison several times. Kunle was given a life sentence for not divulging the source of a story that his paper ran. He only regained his freedom upon the death of General Sani Abacha.

    Both Femi and Kunle have not given an inch to despair in what the Fourth Republic has turned out to be- a caricature of democracy and pseudo federalism. Yet they are human and have had to witness the death of a dream for dear country. In his own way, each has used the tool at his disposal to continue the struggle for a better country. Even against all odds.

    Femi and Kunle were born days apart in May 1958. That was only a few months after Western Region achieved a self-governing status. It was a period of exemplary leadership in the region when the Premier, Chief Obafemi Awolowo, challenged the priorities of colonial powers and insisted on developing the state with or without federal support. It was three years after the introduction of one of the most progressive innovations in education, the Universal Free Primary Education. It is therefore not a coincidence that they both turned out to be exemplary activists for progress. Imagine if they had been given the opportunity for political leadership.

    Yet it would be grossly unfair to wholly attribute how they turned out to environmental factors, political or otherwise. Individual choices matter. After all, they both had peers who also got a head start from the conducive political and economic environment that Awolowo and his associates created but who either did not make the most of it, or did, and only chose to mind their own business. That Femi and Kunle chose as Awolowo did even when his peers looked elsewhere for pleasure, and as they suffer maximally in the process, is our gain. For this we must be grateful to them and their loving families.

    As I reflect on our predicaments as a nation, it occurs to me that a country that deliberately denies political activists with a conscience access to political participation at the leadership level cannot make progress. What we see and appreciate in developed countries is the conscious effort to recruit skilled and politically passionate men and women to enter politics. Once identified, these– veterans, professionals, and talented business owners– are targeted and funded to run for offices. In Nigeria, however, they are craftly schemed out, even from progressive political camps. And when, out of the goodness of their hearts and deep concern for the nation, they offer suggestions and advice on key issues, they are shamelessly shunned. And we still don’t understand why Nigeria is at a standstill?

    We recycle old vessels ad infinitum. Or the grumpy old men refuse to leave the scene even when they have proven incapable in the past. I am not into ageism. I am by no means arguing for the exclusion of old men or women from political participation because of their age. That would be morally unjustifiable. I am arguing, however, that the old should know when to quit the scene, when their contribution is on a diminishing scale of usefulness. Or when they have made themselves the issue and thus are spewing negativities against the progress of the nation.

    While Femi has not framed his latest observations on Dr. Obasanjo in terms of age, and I am not, I see a convergence of concern on the negativities that the former president has allowed himself to become. It is as if he thinks the rest of us are inflicted with a memory challenge.

    Dr. Obasanjo is a three-term President/Head of State of Nigeria. He has consistently challenged and accused every one of his civilian successors (all of whom he enthroned or endorsed for office) of incompetence and criminal weakness. Which means that he has been the only competent President or Head of State since 1975.

    In his latest outing, Obasanjo wants a new group to change Nigeria. He floated the CNM ostensibly as a grassroots movement without partisan affiliation, promising to leave the movement as soon as it morphed into a political party. He would rather be a statesman. Well, CNM has recently joined ADC as a group. But Obasanjo is still championing the cause of the movement. Why the pretense?

    In his campaign against the Buhari administration, Obasanjo has tried to seek all the help he can get. In the process, he wants us to have memory loss concerning his recent past in his dealings with the groups he is now courting. But we cannot, because his tactic dealt a fatal blow on the progressive development of the country, especially since 1999.

    Obasanjo has reached out to Afenifere for cooperation in defeating Buhari, hoping that we would forget the mortal wound he inflicted on Afenifere as a political heavy weight in the SW. He schemed out the group from serious political relevance when he appointed the late Chief Ige as a Minister in his cabinet and engineered the formation of Yoruba Council of Elders to challenge Afenifere. The bad blood created by that move is still flowing in the veins of Yoruba progressives.

    Notwithstanding Obasanjo’s hands in the crisis that beset it, Afenifere agreed to meet with him in 2002 when he proposed a working relationship with them. Afenifere elders agreed. Having won them over, Obasanjo ditched them. You need to hear from the elders how Obasanjo’s attitude changed from one of a humble son when he needed them to that of an arrogant master after he got them. In 2003, he used the federal might to rout the entire southwest except Lagos because Tinubu refused to play the good son game.

    What is Obasanjo’s selling point to Afenifere elders now? “Remember how I worked with you before”? Or “remember how much I did for the Southwest before”? Or “never mind about my past, I am a changed man wanting the same thing that you want”?

    On any of the above hypothetical selling points, Obasanjo has nothing to sell except the same 419 goods. How did he work with Afenifere before? What did he do for the Southwest in the 8 years of his presidency? The roads that he failed to construct are now being pursued with vigor by Buhari. So are the railway lines.

    How is Obasanjo a changed man and what is the common ground between what Afenifere wants and what he wants? Does he want restructuring? Is restructuring in CNM or ADC platform? Why did he oppose the SDP as the party for CNM?

    I am not sure what assurances Afenifere gave Obasanjo at the meeting he held with the group. But I know that the fighting spirits of Obafemi Awolowo, Michael Ajasin and Abraham Adesanya are watching the group. Fool me once, shame on you; fool me twice, shame on me.

    Femi and Kunle, Happy Birthday o jare. Remain blessed.

     

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