Former President of the Nigerian Bar
Association, Chief Wole Olanipekun
In this interview with GBENRO ADEOYE, the
former President of the Nigerian Bar Association
and former Pro-Chancellor of the University of
Ibadan, Chief Wole Olanipekun (SAN), speaks
about Nigeria, the economy, the law profession
and other issues
You were at one time the President of the
Nigerian Bar Association, looking back now, how
well do you think the law profession has done
since that time?
Before I became the NBA president, I was
Attorney-General and Commissioner for Justice
in Ondo State, but I thank God for the NBA. But
to me, the NBA should illuminate the darkness of
Nigerians. It must act as the voice for the
voiceless and the oppressed. To be the NBA
leader is not a tea party; it is not like going for a
picnic. I cannot see any NBA leader as good if he
does not want to step on toes. When I was NBA
president, it was under a democratic regime,
which was supposed to be rooted in the
constitution and constitutionalism. But before
then, I belonged to the Alao Aka Bashorun (also
a former President of the NBA) dynasty within
the NBA. I was one of his boys and I stood by
him and with him for the two years that he was
president. And I liked his courage and
appreciated his carriage. One day, while Femi
Falana and I were at his office in Ebute-Meta,
the telephone rang. There was no GSM at the
time. He pressed the speaker button and from
the other end, the person said ‘President’. Then
Bashorun asked, ‘who is that?’ The person said
‘my name is Ibrahim’. Femi and I had known by
that time that it was General Ibrahim
Babangida’s voice. The person then said he was
Ibrahim Babangida. Unconsciously, Bashorun
stood up. That was reflex action. He said you are
the President, sir. But IBB said the President of
the NBA is the President of Nigeria. He said the
fear of Alao Aka Bashorun was the beginning of
wisdom. I’m telling you this so that you
understand what the NBA presidency meant to a
military dictator, for him to have said that.
Babangida then said you are doing well for the
NBA but we want you to come and serve. But
Bashorun said, Mr. President, forget about that,
I’m satisfied being the President of the NBA. He
said, but one thing I will request of you. All the
decrees that you churn out every day, please can
you allow the NBA to have inputs? Can you send
us the drafts of the decrees before you sign
them? Babangida said Alao, take it as done. And
from then on, every decree that Babangida
wanted to pass, he would send to the NBA and
we would debate it. So I became the NBA
president, I knew the background I was coming
from. Former President Olusegun Obasanjo was
the President but I knew he was a military
dictator. He had and still has military traits and
tendencies- the military’s ‘know it all’ attitude.
So I knew what I was prepared for. Some people
thought that because he was a Yoruba President
and I was Yoruba NBA President, I would be
treating him with kid gloves, no. When we
needed to respect him, we respected him and
when we needed to criticise him, we criticised
him. There was a time we visited him in his
office in Aso Villa and he was harassing me
while I was reading my speech, he did it three or
four times, interjecting me and banging his fist
on the table. But I didn’t want to be rude to him.
Gen. Abdulsalami Abukakar and the Attorney-
General of the Federation, Kanu Agabi (SAN)
were there. Obasanjo didn’t allow the press to
come in. He was banging the table, saying No!
No! No!
What did you say that made him do that?
We suggested to him to spend a term in office;
to see how we would nurture our democracy. We
pleaded with him. We said, for our democracy to
have a smooth take-off, spend one term of four
or five years in office and that the NBA was
ready to assist him to see how we could amend
the constitution. We made a lot of suggestions
but he could not tolerate me any longer, he
banged his fist on the table; it was bad. He said
what kind of law are you talking about? Then it
got to a stage, I said Mr. President Sir, I have a
speech which I want to read, if you don’t want
us, can we take our leave? At that time, I was
packing all my files. Members of my executive
were there. You could have heard a pin drop.
Then Agabi and Abdulsalami had to come in and
said the President would no longer interject you.
After we left, I understand Obasanjo asked them
who made that rascal the President of the NBA
and that Agabi said he is not a radical, he is one
of the best we have in the profession. That is
why till tomorrow, I will always respect Agabi. I
learnt that he defended us, the NBA. When a
lawyer was being arrested, I gave Obasanjo 24
hours to release him, he released him. While I
will commend NBA presidents that have come
after me, I want to say that the NBA should not
and never be for ‘bread and butter’ or ‘Yes
people’. Although, we should not be rude to the
government, the NBA president must be able to
pick up courage because he has lawyers behind
him. When an NBA president speaks, he speaks
for all the lawyers in Nigeria, whether we like it
or not. So I see no reason why NBA presidents
will not be able to talk on issues relating to
fundamental human rights, criminal prosecution,
justice sector, economy, and so on. The NBA
must always take a position; always. We are too
big to hibernate. When Obasanjo increased the
price of petrol, Adams Oshiomhole (former
President, Nigeria Labour Congress) approached
the NBA to defend him. Obasanjo took them to
court; I went as NBA president, leading Falana
and others to stand in for the NLC. Everybody
has his own style; that was my own style. Today
if an NBA president goes to defend the labour
union, people may start lambasting him but the
NBA president must first of all do it. You must
be on the side of the masses. Ghali Na’Abba
(former Speaker of the House of Representatives
) could not believe what we did when the House
of Representatives wanted to impeach Obasanjo.
I left Lagos and sought audience with him. He
said but this man (Obasanjo) does not like the
NBA, I said NBA is above pettiness. It is a
question of Nigeria and the stability of our
democracy. He showed me all the allegations
and in fairness, they were not just out to
embarrass Obasanjo; they were not frivolous
allegations. Some of them were provable but the
NBA said no, don’t do it because of our young
democracy that needed nurturing. So comparing
then and now, I will say the NBA has been on the
quiet side, even on matters that concern
lawyers.
Recently, the Federal Government and some
members of the public have accused the NBA
and the judiciary of aiding corruption with delay
tactics to frustrate the anti-graft law. Do you
agree with that?
Nowadays, you see people talking about lawyers
defending some people. A lawyer is at liberty to
defend any person that briefs him. So you should
not condemn the lawyers because it is Mr. A, it
might be you tomorrow. Frankly speaking, the
government and those condemning lawyers are
very unfair to lawyers. Have they cast some
people aside as lepers that are untouchable? A
lawyer must muster sufficient courage whether
in criminal or civil actions, to take up the
defence or the case of his client without
compromising it and without minding whose ox is
gored, but it must be done within the ambit of
law. He must not go outside that to do what is
criminal simply because he wants to save his
client or win a case for him. But within the ambit
of the law, a lawyer has sufficient room to
meander. And a lawyer must be fearless and
resolute but he must not be rude. Otherwise,
don’t come to the profession. Some people don’t
know and some pretend not to know that law
has its technicalities-both civil and criminal
proceedings. They talk of technicalities and say
that lawyers delay cases, look, without being
immodest; I have been involved in a lot of cases
in this country. I have defended a lot of people.
During the run-up to the 2015 elections, I was
one of the lawyers hired on pro bono basis to
defend the All Progressives Congress and its
candidate, Muhammadu Buhari. We employed all
the tactics available, employable and allowable in
the legal profession; why didn’t they blame us
then? If we didn’t, the election would not have
held. If you do that today, some people, even
within the profession, will blame you. I know
what I’m talking about. The election was to hold
on a Saturday and Justice Gabriel Kolawole of
the Federal High Court, Abuja, said he was going
to deliver his judgement on whether or not card
readers should be used by the Independent
National Electoral Commission on Thursday, two
days to the election. We filed preliminary
objection, he overruled it. I was in court with
Lateef Fagbemi (SAN), Akin Olujinmi (SAN), and
Kola Awodein, (when) Asiwaju Bola Tinubu sent
an aircraft to pick me in Akure, saying that if we
were not in court, the election would not hold.
There are things that need to be unveiled in this
country. Tinubu, Babatunde Fashola (former
Lagos State Governor), the Vice President (Prof.
Yemi Osibajo), Lai Mohammed, the AGF
(Abubakar Malami) were in the know. And
Kolawole overruled us. Then he called the
plaintiff and said, can you go ahead with
originating summons? I will deliver my judgement
tomorrow. Like someone who was possessed, I
rose up and said I was applying for stay of
proceedings. Then the other lawyer interjected
and asked for my formal application. I gave him
two authorities offhand that I could apply orally.
That was two days to the election. Kolawole said
well, whatever it is; I would want to listen to you.
He listened to me. We did it pro bono in the
sense that the APC hasn’t paid us. Nobody even
wrote a letter to say thank you. Then thereafter,
he wrote a ruling and granted stay of
proceedings 48 hours to the election. The
Supreme Court later held that, though the card
reader was a good innovation, it was not yet in
the law. Would Buhari have been President if we
had not done that? What could be more technical
than that? They filed action against Buhari, we
looked at it; we raised objections and we were
dragging that. Is that not technicality? And some
people will now accuse me when I do it for other
people that I’m defending looters. But when you
do it for them, it is right; that is double standard.
And what baffles me is that some high lawyers,
who should know better, also accuse some
lawyers of defending looters? To hell with
anybody who has looted the treasury. I believe in
my profession and I thank God for what I am. I
am a fulfilled person and don’t want any position
from any government, but then government
should allow those of us who are privately
engaged to do our work. In our offices in Lagos
and Abuja, we have over 75 members of staff-
professionals and supporting staff. We pay more
than what the government pays and don’t owe
workers. A cleaner in my office earns far more
than what government calls minimum wage. And
when you say someone is a looter, who is a
looter? Anybody who loots will have his day in
court and God will punish looters, but at the
same time, judge not, so that you are not judged.
And let the accused person defend himself. All
religions give room for fair hearing. I grew up to
know that when people came to my father to
settle disputes, he would say ‘e je ko so tie, agba
ti o gbo ejo enikan dajo, agba osika ni’ (let him
say his side of the story; an elder who bases his
judgement on only one side of the story is
wicked). I grew up to know that. So you don’t
want people to be heard? If that is the case,
change the constitution. So once someone is
accused, he is arrested and taken to prison.
Then, abolish the courts. That is my position.
And what goes around comes around. You may
be the accuser today, tomorrow; it may be your
turn to face accusations. Let the law take its
course. It is tyrannical, dictatorial and smacks of
militarism when you start accusing lawyers who
defend people. You cannot have democracy
without free speech and people having access to
courts. You cannot be the accuser, the lawyer
and the judge. They say lawyers and judges
delay the prosecution of looters, then if they
have already been adjudged looters, don’t
prosecute them. It is only a court of law that
can come to the conclusion that someone has
looted the treasury after evidence has been
produced.
So where does a lawyer find balance? How do
you decide who to defend or who not to defend?
A lawyer is at liberty to defend any case and
once he takes up the case, he must do it
uncompromisingly to the best of his ability. No
lawyer can be condemned for defending any
person. But as for me, at times, I might decide
not to take some cases because of the
extenuating circumstances. Today, I have
rejected a particular brief, but I won’t mention
names because of the parties concerned. I
cherish my independence. A lawyer must not be
under the control of any person. My clientele
cuts across tribal, ethnical, religious boundaries.
Once I take up a case, I take it that there is an
unwritten covenant between that person and
myself supervised by God and I must not
compromise his interest. That is at the bottom
line for me. I don’t care what anybody says, I
owe a duty to that client just as I did to Gen.
Buhari as a candidate without seeing him. Some
people briefed me on his behalf and I loyally
served him.
Some people will wonder how you are able to
handle briefs from people from opposing sides
like when you defended Tinubu at the Code of
Conduct Tribunal and by 2.30pm on the same
day, you were defending former President
Goodluck Jonathan in another court. How do you
quickly shift allegiances?
What I give my clients is my knowledge, I don’t
sell my conscience. I retain my conscience and
independence. I cherish my liberty. I keep it. No
client will tell me not to represent others, I will
tell that client to go. Let me give you an
example. Tinubu is not just my client, he is also
my friend. I respect him and he respects me but
he cannot say he wants to control me. He does
not even discuss my professional jobs with me.
The day you just referred to, I was at the CCT in
the morning in a suit. Jonathan’s election
petition was stood down till about 2 pm and
immediately I finished addressing the CCT on
Tinubu’s matter, I had to go and change for
Jonathan’s matter. Jonathan would dare not ask
me why I was defending his foe. But one thing I
knew then was that there was no Nigerian that
Jonathan’s government feared more than Tinubu.
Why do you think so?
I know. In fact, his camp believed they were
contesting election against him, that he was the
arrowhead of the opposition but they dared not
ask me anything about his case. One thing I also
noticed was that Jonathan’s team started
withdrawing from me gradually because of the
Tinubu factor. And I won’t go to anybody to beg
for briefs. A lady, whose name I don’t want to
mention, called me one day and said these
people are in trouble, why are they running away
from you? Who cares? I can be very committed
to my clients. Former President Umaru Yar’Adua
is dead; I was his lawyer since his days as
Governor of Katsina State. He was a gentleman
per excellence; he would have been the best
president Nigeria ever had but he was
overwhelmed by his illness. He was so humble,
intelligent, honest and frugal. He was the one
who appointed me as Pro Chancellor of the
University of Ibadan and he told me, Wole, I
know you are going to help me revive and
revamp that place. Thank God we did that
eventually. We changed the entire face of the
university. Anytime Tinubu wants to make jest of
me, he will say when it comes to law, nobody
talks to you, I will say thank God you know that.
He knows that when it comes to his case, I will
not compromise his interest. Also, I defended
Tinubu when the late Funsho Williams took him
to the tribunal. He has been my client over the
years. And if you are talking of technicality, we
had a plan when we handled his CCT case. We
had even planned against the ruling and ahead
of the ruling. I had already prepared notice of
appeal. I had prepared a notice of appeal, a
motion for stay of proceedings, and that if the
ruling went against us, we would say okay, let’s
take a short adjournment, argue that motion for
stay of proceedings. Would you say that is
technicality? Is that not allowed in law? Today, if
I do it for somebody else, would you now want to
shoot me down? When people are in government,
they appropriate all knowledge to themselves.
And it is only they that are patriotic; that can’t
be right. It is only God that is always right. I see
a lot of us now, who believe that government is
always right, that can’t be right. We must
objectively critique the government, not to bring
it down but to make it perform. Nobody has the
divine right to govern over me, you do so through
democratic means, therefore, you owe me a duty
to do well and listen to me and my complaints.
When government says 2 plus 2 equals 10, we
clap. We don’t take the government up any
longer; we must not be like robots. It is not in
the interest of the government, it is not in our
own interest and it is not in the interest of our
children.
The Federal Government recently proposed the
sale of some assets, which was largely
condemned by Nigerians. What is your take on
it?
I’m not an economist but I think I have some
rudimentary knowledge of economics and what is
commonsensical, reasonable and just and not
hasty and scandalous. I’m a bit worried about
how it came to the national front burner as a
discourse. Who first hinted the idea? It was the
business mogul- Aliko Dangote. Later, the Senate
President, Dr. Bukola Saraki, supported it and
later on, the Emir of Kano, Muhammadu Sanusi
II. As someone who has a stake in this country, I
ask, was it accidental or were they acting in
concert? I’m not happy with the way things are
going on in my country. Dangote is a successful
businessman but what is his leverage in
economics? Saraki is a medical doctor by
training but now a politician by vocation and
practice. The Yoruba will say the witch cried
yesterday, the child died today, who would not
know that it was the witch that killed the child.
Is it not a case of people trying to position
themselves to buy the assets? We must not
allow it to happen. We must not behave like
prodigals. Does it make any sense to say you
have kidney problem, someone now advises you
to remove your brain to solve your kidney
problem. Does it make any sense? Is it not
nonsensical? Is it not stupid? We are talking
about core national assets that are not even
failing like the Nigeria Liquefied Natural Gas
Limited, which fetches us billions of dollars
annually. May the time not come when they will
sell off Aso Villa and lease it back to us. I hope
the time will not come when they will be selling
off Nigerian citizens. I read that Obasanjo said
that he agreed that they should sell off the
assets but not to the cabals. Who constitute the
cabals? They should let us know the
beneficiaries of the assets that they have sold in
the past. Let us have the list; let us know those
who bought directly and those who bought
through proxies. They are cheating this country
and taking us for a ride. And I heard someone
saying government will put a repurchase clause
in it; they are insulting our intelligence. What an
insult? Is there no law again? I sell this building
and put a repurchasing clause that after 10
years, I will buy it back. Who will buy that from
you? And which court will enforce it? Enough is
enough. They are selling dummies to us every
day and insulting the mentality of Nigerians. The
CBN governor also said recently that the worst
was over as regards recession; that is also
insulting. People are hungry and angry and you
are saying the worst is over. I have some
questions to ask when you say that: are you now
saying that before the end of the year, the naira
will be restored to the position it was before the
crisis? Are you going to give people, who have
lost their jobs, the jobs back? Obasanjo must
reveal the members of the cabals. And let
government stop talking about corruption every
day.
Don’t you believe in the anti-corruption fight?
I believe in anti-corruption, you know, I said
earlier that woe betide anybody who has looted
the treasury or any person who uses his position
to amass wealth. But when you keep on
describing Nigeria as a country that is corrupt,
investors will stay off. And if you know some
judges are corrupt, deal with them, but don’t go
to another country to say that the judiciary in
your country is corrupt; nobody will come there
because it is about investment and the rule of
law. And when you talk of corruption among
lawyers, who are the people? It takes two to
tango. Let every politician in Nigeria swear by
the god of thunder that he has not tried to
induce a judge. Let the President take a cue
from the United States President, Barack Obama.
George W. Bush squandered American funds on
the Gulf War as President of the US because he
wanted Saddam Hussein by all means –dead or
alive- after the September 11 attack. The
economy of the US was comatose when Obama
took over, but did you hear him say any bad thing
about Bush? He had his own agenda. He started
issuing presidential orders and proclamations and
within two or three years, the economy was
revived without him condemning anybody. To me,
government is a continuum. I’m not in the
Peoples Democratic Party or the APC; I don’t
even see any difference between the two of
them when it is so easy for the PDP people to
move to the APC and immediately become
progressives. You don’t sell that to me. Mr.
President should have an inclusive government.
SOURCE: PUNCH
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