Tag: Onagoruwa

  • A doughty sentinel departs

    A doughty sentinel departs

    In 1986, I wrote an article for The Guardian criticising a Nigerian Television Authority series on the media in particular, and its programming in general. NTA struck back in a prime-time special that reeked with libel on a grand scale. Stamped all over it was what American case law calls “actual malice.”  Stunned speechless as I watched the broadcast at Rutam House, I knew I would have to file a defamation lawsuit.

    Halfway into the broadcast, I was summoned to Editor Lade “Ladbone” Bonuola’s office to take a phone call.  It was Dr Olu Onagoruwa on the line, saying that the content of the broadcast was defamatory through and through, and that if I was minded to pursue the matter at law, he would handle the case free, except for filing fees.

    The day the case opened, I had in my corner a team of six lawyers led by Onagoruwa.  When it became clear that the other side would be represented by relatively junior counsel, he handed the case to his nephew,Tokunbo Onagoruwa.

    I will never forget the consummate skill with which the younger Onagoruwa subdued a principal witness for the NTA and one of the tin gods there at the time.  In the face of withering cross-examination, the fellow cut a pathetic figure. Even I the plaintiff began to feel some pity for him

    As I narrated the proceedings to Onagoruwa later that day at his chambers, a broad smile spread across his face. That smile signified the joy a master gets from knowing that his pupil has mastered the trade.

    We won the case, and N30,000 in damages.  A few days after NTA paid up, I received a cheque  in that amount from Dr Onagoruwa’s chambers, together with a copy of the court’s judgment.

    I had no claim whatsoever on his generosity.  Before he represented me, I had met him only occasionally, in company of the late Kayode Awosanya, editor of Gbolabo Ogunsanwo’s news-magazine New Nation, of which I was a contributing editor.  Previously, Awosanya was Onagoruwa’s protégée at the Daily Times, where he was a senior reporter and Onagoruwa was Editorial Legal Adviser and a doughty sentinel-at-large of press freedom.

    But the Press and human rights were his twin constituencies.  Wherever freedom of the press was being derogated and human rights abused, there you found Onagoruwa always in the victim’s corner, always formidably prepared, a profile in forensic brilliance as he expounded recondite points of law.

    He seemed foreordained, therefore, to serve as lead counsel in the civil suit that the Nigeria Union of Journalists brought against a senior aide of Rivers State military governor Alfred Diete-Spiff (now His Royal Majesty King Alfred Diete-Spiff) who flogged Minere Amakiri, a reporter for the Benin City-based Observer almost insensate, allegedly on his principal’s orders, and for good measure shaved his head with broken glass.

    Amakiri’s crime?

    He had ruined the governor’s birthday, they said, by publishing a story that teachers in the Rivers State had given notice of a strike to back their demand for unpaid salaries.  The truthfulness of the publication was never disputed.

    The Amakiri case is the subject of a riveting book, in which Onagoruwa expounded the principles of press freedom with magisterial skill.

    It was notorious that, as editorial legal adviser to the government-controlled Daily Times,  Onagoruwa would be an early casualty of an NPN victory in the 1979 general elections.

    His sympathies for Chief Obafemi Awolowo’s UPN were well known. Later, his erudite commentary in signed newspaper articles and pronouncements on the lecture circuit marked  him out as an implacable adversary of military rule.

    I recall sharing a public platform with him during the Buhari-Idiagbon era, at which he declared, within earshot of Government House, Ilorin, and without the slightest tremor of voice or twitch of countenance that, by enacting the infamous Decree Four, the regime had declared war on the people of Nigeria.  It made no difference to Onagurowa that the occupant of Government House was Idiagbon’s local enforcer, Group Captain Salaudeen Latinwo.

    So unyielding was Onagoruwa’s opposition to the structural adjustment programme and other depredations of the Babangida era that the services were mandated to destroy him.

    They went from one media house to another peddling forged documents purporting that he had cheated at the Bar finals in the Nigerian Law School.  They found no takers. They prosecuted him for carrying and using an unlicensed weapon. The “weapon” at issue turned out to be an off-the-shelf spraying device to stun would-be assailants.

    They suborned a relation to file a criminal complaint against him, charging that he had failed to remit some money he had received on her behalf in a land transaction. It turned out that the complainant had sold the property to two different persons, and Onagoruwa was holding the money against the claims that were sure to follow.

    In the dark days after June 12, 1993, when the two official political parties engaged each other in a brutal fight to demonstrate which of them could better assist discredited military president Ibrahim Babangida throttle the popular will, the National Reformation Movement (NRM) led by Chief Anthony Enahoro came closer than any other single organisation to expressing that will with eloquence and commitment.

    Onagoruwa was its irrepressible general secretary.

    This glittering résumé would however be marred by a single misjudgment:  Onagoruwa’s decision to serve as Attorney-General of the Federation and Minister of Justice in the military regime of the debauched dictator, Sani Abacha.

    Onagoruwa often contested this view fiercely, insisting that President-elect Moshood Abiola had urged him to accept the appointment; that he had gone into cabinet to help realise the progressive agenda, including the actualisation of the June 12 mandate, and that his presence on the Abacha team had in the final analysis, been beneficent.

    I myself can bear witness that Abiola had indeed urged Onagoruwa to accept to serve in the Abacha cabinet.  I should add, in parentheses, that Abiola was also responsible for the inclusion of Chief Solomon Lar in the cabinet.  A Jos-based mining industrialist was originally penciled for the Plateau slot. But Abiola had demurred, on the ground that the man had a reputation for stinginess and could not therefore be counted upon to display the generosity of spirit the moment demanded.

    The plan, as another member of the cabinet Chief Silas Daniyan stated for the record, was that Abiola’s nominees would go into the Abacha cabinet for a stipulated period, first to help legitimise it in the public consciousness, and then to soften the ground for the validation of the June 12 mandate.  You could accuse them of credulity or perhaps even naiveté, but that was the agreement.

    But with each passing day, it became clearer that Abacha had seized power to entrench himself, not to help validate Abiola’s mandate.  Those who had thought they could do business with him finally saw their error, but not those they had pressed into Abacha’s service.  And so, when the latter were asked to pull out of an agreement that the other party had virtually abrogated, they sat tight, inventing one self-serving rationalisation after another.

    To his credit, Onagoruwa resigned, but long after he should have done so, and arguably not entirely on his own terms.  By then, the damage was already done.

    He had become alienated from the progressive community.  Abacha sent his goon squad to murder his son Toyin, a young attorney full of promise. The regime and its immediate successor used every means at their disposal to block his elevation to the rank of Senior Advocate – an elevation he had earned several times over. Then came the stroke that left him partially paralysed, but thankfully unimpaired mentally.

    It took the intervention of the Chief Justice of the Federation, Mariam Aloma Mukhtar, to break the choke-hold that a cabal in the Legal Privileges and Ethics Committee had kept on Onagoruwa’s translation to Senior Advocate.

    When it finally came, restitution was almost meaningless.  It came virtually as a mere adornment.  It came when Onagoruwa could not profit much from it.  This unconscionable delay was of a piece with the string of persecutions he suffered in a long career marked by great learning, courage, public service, and commitment to justice.

    Gabriel Olusoga Onagoruwa died last week, aged 80.

     

    This article draws on two previous columns written on Onagoruwa’s 70th birthday and on his taking silk.

  • Osinbajo mourns Onagoruwa

    Osinbajo mourns Onagoruwa

    Acting President Yemi Osinbajo has expressed sadness over the passing of former Attorney-General of the Federation and Minister of Justice Dr. Olu Onagoruwa.

    In a statement issued by the Senior Special Assistant on Media and Publicity, Laolu Akande, Osinbajo extended condolences to the Onagoruwa family, his friends and associates on behalf of the government and people of Nigeria.

    He also condoled with Ogun State government and the people, the Nigeria Bar Association as well as the human rights community.

    The Acting President noted that the life and times of Onagoruwa, an ardent advocate of the rule of law and constitutionalism, reflected a combination of profound scholarship, courage in the face of tyranny and admirable grace in conduct and manner, even in grave travails and trials.

    He said as a lawyer, Onagoruwa served the oppressed and gave voice to the voiceless, fearlessly and selflessly.

    According to Osinbajo, the deceased was a tireless proponent of the freedom of the press and a champion of fundamental human rights.

    Onagoruwa, he said, proved to be principled and forthright both in private practice and as Attorney General of the Federation and Minister of Justice.

    The Acting President said the country today mourns a true patriot, who served his nation and its people with singular zeal and dedication.

    He believed that his legacy as a scholar, writer, human rights activist, and strong voice for the less-privileged in the society will long be remembered.

    Osinbajo prayed that the Almighty God will comfort his family, friends and associates and bless his memory.

  • IBEDC appoints Onagoruwa  Acting MD

    IBEDC appoints Onagoruwa Acting MD

    The Ibadan Electricity Distribution Company (IBEDC, has appointed Ms. Bolanle Onagoruwa as the acting Managing Director. Her appointment which  took effect on 27th February, 2015, followed the resignation of the pioneer CEO, Fortunato Leynes.

    A statement by the Head,  Corporate Affairs, Mrs Angela Olanrewaju, said, “Ms. Bolanle Onagoruwa has been appointed officer in charge pending the resumption of the succeeding Managing Director/CEO.

    IBEDC is one of the survivor companies of the unbundled Power Holding Company of Nigeria (PHCN) after its privatisation by the Federal Government. It handles electricity distribution in Oyo, Ogun, Osun, Ekiti, Kwara and part of Niger State.

  • Conferment of SAN on Onagoruwa belated, says Falana

    Conferment of SAN on Onagoruwa belated, says Falana

    Lagos  lawyer, Femi Falana (SAN) has described the conferment of the rank of Senior Advocate of  Nigeria (SAN) on former Attorney-General of the Federation, Dr. Olu Onagoruwa by the Legal Practitioners Privileges Committee (LPPC) as belated.

    In a statement in Lagos on Sunday, Falana said Dr. Onagoruwa ought to have been conferred with the rank by virtue of his appointment as the Attorney-General of the Federation by the military government of the late Gen. Sanni Abacha in 1993 pursuant to the LPPC guidelines.

    He, however, commended the Chief Justice of Nigeria (CJN), Justice Maryam Muktar-led LPPC for ensuring that justice was done at last.

    “Like Chief Fawehinmi, who was conferred with the rank of SAN towards the tale end of his life, Dr. Onagoruwa is being admitted, rather belatedly, when he can no longer take advantage of the title.  Even though it is a mere psychological relief at this stage of his life, he is likely to feel professionally fulfilled,” he said.

    Falana said the case of Dr. Onagoruwa has reopened the call for the democratisation of the selection for SAN rank for qualified lawyers in strict compliance  with section 42 of the Constitution.

    Falana said Section 42 of the constitution abolished discriminatory practice in the rank’s conferment.

    “This submission accords with the guidelines for the rank of SAN which have not pegged the annual award to any number of lawyers. In other words, there is no justification for picking 17 out of the multitude of lawyers that meet the prerequisites every year. After all, the LPPC approved the conferment of the rank on 25 legal practitioners in 2006. In the same vein, 25 legal practitioners were honoured with the rank in 2012,” he noted.

    He also argued that the case of Dr. Onagoruwa questioned the continued relevant of the rank of SAN adding: “It is illegal to continue to refer to the award as a privilege as it has become discriminatory and illegal not to confer the rank of SAN on any lawyer who satisfies the laid down criteria.

    “The deliberate exclusion of activist and radical lawyers from the inner bar is a painful reminder of the discriminatory treatment meted out to the first Nigerian lawyer, Christopher Sapara Williams by the colonial regime. Called to the English Bar in 1879 and the Nigerian Bar in 1898 Mr. Williams challenged obnoxious colonial laws and policies in court and organized rallies to campaign for the repeal of ordinances which violated the rights of the Nigerian people”, he stated.

    Falana recalled, “ at a period when human rights had been put in abeyance by martial law  Dr. Onagoruwa handled many cases of constitutional significance which questioned the basis of continued military rule. He had cause to challenge the arrest of “political extremists” like Ken Saro-wiwa, Minere Amakiri, Tai Solarin et al.                                                                                                              “When Chief Fawehinmi, Beko-Ransome-kuti and I were detained at the Kuje prison in 1992 under the obnoxious State Security(Detention of Persons) Decree No 2 of 1984 Dr. Onagoruwa was on hand to defend us. On account of his leading role in the defence of public interest cases he was subjected to crude intimidation by the military junta.

    “Instead of supporting progressive lawyers for leading the campaign for the restoration of democracy and rule of law in the country the reactionary forces who held sway in the legal profession at the material time teamed up with the military minions to harass them.

    “Chief Gani Fawehinmi was almost  struck out of the list of legal practitioners for popularising law reporting when only a handful of lawyers had access to certified true copies of the judgments of the appellate courts.  In order to preserve the conservative nature of the legal profession civil rights and radical lawyers were stigmatised for using the instrumentality of the law to question the status quo.

    “Notwithstanding their enormous contributions to legal development the Legal Practitioners Privileges Committee (LPPC) resolved never to confer the title of SAN on Chief Fawehinmi and Dr. Onagoruwa.  Hence, their applications for the rank were consistently rejected on the spurious ground that they were not “fit and proper persons” to be admitted to the inner bar. However, the legal establishment was exposed to self inflicted embarrassment when  Dr. Onagoruwa was appointed the Attorney-General of the Federation and Minister of Justice in December 1993 by the Sani Abacha junta.

    “But the Committee of senior judges and lawyers headed by the then Chief Justice of the country, the Late Justice Mohammed Bello,  decided to breach the law and refused to confer the rank on the Justice Minister. In a bid to justify its unjust decision the Committee instigated the Lagos State Ministry of Justice to approach the Supreme Court to set aside the verdict of the Court of Appeal, which had dismissed the charge of stealing brought against Dr. Onagoruwa.

    “Upon being served with the hearing notice Chief Fawehinmi invited me for a meeting to discuss the frivolous appeal. Since the human rights community had vehemently opposed Dr. Onagoruwa’s appointment Chief Fawehinmi asked whether we should handle the appeal. Since our opposition to the Minister’s appointment was on solid principle I made it clear to him that if the appeal was allowed in the circumstance the state would appeal against all decisions in favour of the members of the pro-democracy movement.

    “As Chief Fawehinmi had parted ways with Dr. Onagoruwa over his controversial appointment, I was given the task of informing him of the notice of the appeal and our decision to challenge the appeal on his behalf. I did and the Minister expressed dismay that his opponents were running from pillar to post in the bid to have him convicted.

  • Ex-AGF, Onagoruwa,16 others become SANs

    Ex-AGF, Onagoruwa,16 others become SANs

    •LPPC fixes Sept 22 for inauguration

    Former Minister of Justice and Attorney General of the Federation (AGF), Dr. Olu Onagoruwa, was yesterday named among 17 lawyers awarded the rank of Senior Advocate of Nigeria (SAN) by the Legal Practitioners’ Privileges Committee (LPPC) this year.

    The Registrar of the Supreme Court, Sunday Olorundahunsi, who made the list public in Abuja, said 109 lawyers applied for the rank this year, among who were three women, two of whom are from the academics.

    Olorundahunsi said two out of the lucky 17 are from the academics. He said the choice of who to award the rank was taken at the LPPC’s  general meeting held yesterday.

    Named with Onagoruwa, who served under the late Gen. Sani Abacha government, include Sylvanus Aghumele Ogwemoh, Prof. Joash Ojo Amupitan (University of Jos), Olusola Olaseni Idowu, Dr. Ernest Mabuachi Ojukwu (Nigerian Law School), Ahamefula Ikechukwu Eke Ejelam, Chike George Onyemenam, Tawo Eja Tawo and Olatunde Oluranti Adejuyigbe.

    Others are Dr. Adewale Adedamola Olawoyin, Dr. Joshua Olukayode Olatoke, Teslim Olatunde Busari, Kelvin Chukwudi Nwufo, Dr. Amuda-Kannike Abiodun, Oluwakemi Mufutau Balogun, Hakeem Olatunde Afolabi and Gerald Godwin E. Ezeuko.

    Olorundahunsi said the provision of the guideline for the award of the rank was “strictly adhered to this year.”

    He said the new SANs will be inaugurated on September 22 during the new legal year celebration.

  • Jonathan sacks BPE boss Onagoruwa

    Jonathan sacks BPE boss Onagoruwa

    Bureau of Public Enterprises (BPE) boss Bolanle Onagoruwa got the boot yesterday — no thanks to the flip-flopping over the $23.6m Transmission Company of Nigeria contract awarded to Canadian firm Manitoba Hydro International.

    The Presidency, it was learnt, felt the director-general’s cup was full, having failed to have an “effective grasp of the privatisation”.

    Mrs. Onagoruwa was relieved of her appointment through a terse statement signed by the media aide to the Vice President, Mr. Umar Sani. It was with immediate effect.

    The statement reads:

    “Mr. President extends his sincere appreciation to Mrs. Bolanle Onagoruwa for her services to the nation and wishes her the best in her future endeavours.

    “The Director General of the Bureau for Public Enterprises (BPE), Mrs. Bolanle Onagoruwa, has been relieved of her appointment with immediate effect. She is to hand over to the most Senior Director in the Bureau, Mr. Benjamin Ezra Dikki, who is to hold the position in an acting capacity.

    “Mr. President extends his sincere appreciation to Mrs. Bolanle Onagoruwa for her services to the nation and wishes her the best in her future endeavours.”

    Her sack yesterday came almost one year after the Senate demanded she be fired.

    There were also strong indications that her removal had to do with the row over bids for power firms and the approval of a $23.6m management contract for the Transmission Company of Nigeria awarded to a Canadian firm, Manitoba Hydro International.

    Her removal created a drama in the BPE. Dikki, who is named as the acting DG, is due for retirement from BPE as from December 1. He has notified the agency of his disengagement.

    Until his sudden appointment, he was in charge of Industry and Services.

    The staff were preparing to give Dikki, who is from Kebbi State, a send off only to be greeted with his appointment as acting DG at about 4pm yesterday.

    The National Council on Privatisation(NCP), headed by Vice-President Namadi Sambo, was not comfortable with the handling of the BPE by the former DG.

    An insider, who spoke in confidence, said: “The government has not been comfortable with Onagoruwa since the bids were conducted for power plants. The NCP felt the BPE was not circumspect enough to have allowed the bids to run into a storm which led to the resignation of the former Minister of Power, Prof. Barth Nnaji.

    “As a matter of fact, when Nnaji left office, a re-evaluation panel raised by the office of the vice president rejected the bid for Afam Electricity Generation Plant by the consortium(Skipper Nigeria Limited) traced to the ex-minister.

    “The decision, however, created a fresh, crisis following a protest over the sidelining of the Bureau of Public Enterprises by the Office of the Vice-President in constituting the Re-evaluation Committee.

    “Instead of allowing the BPE to drive the re-evaluation process as enshrined in the Privatisation Law, the Chairman of the NCP asked an Assistant Director in the Ministry of Power to head the new panel.”

    Another source, however, said the management contract for the Transmission Company of Nigeria awarded to a Canadian firm, Manitoba Hydro International, by the BPE, sealed the fate of the former DG.

    The source claimed that the contract almost created a wedge between the President and the NCP, led by the VP, due to the alleged tardiness of the BPE.

    The source said: “The Presidency, at a stage, cancelled the contract only for the President to restore it. Such somersault does not help the system and it could erode foreign investors’ confidence.

    “At a stage, the Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, came out to clarify that the BPE awarded the contract, contrary to the provisions of the Public Procurement Act, 2007.”

    Abati said: “The BPE has no power to approve a management contract, according to the provision of Section 16 sub section 4 of the 2007 Public Procurement Act. That section says that the BPE must obtain a certificate of no objection from the Bureau of Public Procurement.

    “Another section of the Act says that certain contracts must be approved by the Federal Executive Council. The management contract in question is $23.6m, which is above the approved threshold of BPE. The vice-president is a member of FEC.

    “For the BPE to go ahead and approve that contract simply means that due process was not followed. It is a matter of due process, a matter of best practice; it is not a personality matter. The infraction was committed by the BPE.”

    The Nation learnt that one of the remote causes of the removal of the DG was the report of the Senate Ad Hoc Committee that probed the privatisation of Federal Government’s enterprises.

    The Ad Hoc Committee on December 15 , 2011, recommended the removal of Onagoruwa.

    The committee, which made 45 recommendations, also said former Directors-General of BPE Mallam Nasir el-Rufai, Dr. Julius Bala and Mrs. Irene Chigbue should be reprimanded by the NCP.

    The committee said the former helmsmen should be “reprimanded for seeking approval directly from the President instead of the NCP as stipulated in the Public Enterprises Act 1999.”

    The investigation by the committee, which was led by Senator Ahmed Lawan, covered the activities of the Bureau between 1999 and 2011.

    The committee said Onagoruwa should be removed for what it described as “gross incompetence in the management of the BPE and for illegal and fraudulent sale of the five per cent Federal Government’s shares in the Eleme Petrochemical Company Limited (EPCL)”.

    It was gathered that the Senate leadership had insisted on the removal of the DG as part of the conditions for the resolution of its frosty relationship with the executive.

    The source added: “The Senate said it was not happy with the Presidency’s disdain for its resolutions on key issues.

    “Although the President gave Onagoruwa the benefit of the doubt, her handling of transactions in BPE did not earn her the confidence of the NCP and the Presidency.”

    A BPE source added: “We were actually preparing for the send-off for Dikki slated for today when the announcement came. Dikki had spent eight years as a director, and it was time for him to go. He was to disengage from the agency from December 1, until the announcement came.

    “This was the same manner Onagoruwa was appointed in June 2010. This is life.”

     

  • BPE DG Onagoruwa sacked

    BPE DG Onagoruwa sacked

    The Director -General of the Bureau for Public Enterprises, Mrs. Bolanle Onogoruwa, has been relieved of her appointment.

    The sack which was contained in a terse statement signed by the media aide to the Vice President, Mr. Umar Sani is with immediate effect.

    She is to hand over to the most senior Director in the Bureau, Mr. Benjamin Ezra Dikki, who is to hold the position in an acting capacity.

    The statement reads:

    “The Director -General of the Bureau for Public Enterprises (BPE) Mrs. Bolanle Onogoruwa has been relieved of her appointment with immediate effect. She is to hand over to the most Senior Director in the Bureau, Mr. Benjamin Ezra Dikki who is to hold the position in an acting capacity.

    “Mr. President extends his sincere appreciation to Mrs. Onogoruwa for her services to the nation and wishes her the best in her future endeavours. “

    Though no official reason was given for the sack, but findings revealed that it might not be unconnected with the controversy generated by the Manitoba power management agreement.

    The Nation learnt that though the process leading to the award of the contract to the Canadian firm was transparent, the former BPE boss was however said to have acted unilaterally on the issue.

    Besides, the country was said to have been short changed as the contract was undervalued.

    BPE, by laws certified all contracts entered into by the government.