How Gani clashed with three bar titans

Fiery lawyer, late Fawehinmi was always excited during his lifetime to lock horns in legal battle with those who have attained the peak of the legal profession, especially the Senior Advocates of Nigeria. Dating back to 47 years ago when the deceased activist began his legal practice, he had had cause to

appear in a number of celebrated cases in the country before his death. He had also exhibited his legal wits during occasional encounters in the courts with many erudite lawyers in the country. One of such epochal cases in which he appeared is known as Gani Fawehinmi .v. NBA (1). In this case, Fawehinmi had dragged the NBA to court in 1984 over the association’s decision directing lawyers to boycott the Special Military Tribunal (SMT) established by the military regime. To the Ondo-born late activist, he had a constitutional duty to his client. As a result, he shunned the NBA’s order and appeared for his client, Col. Peter appear in a number of celebrated cases in the country before his death. He had also exhibited his legal wits during occasional encounters in the courts with many erudite lawyers in the country. One of such epochal cases in which he appeared is known as Gani Fawehinmi .v. NBA (1). In this case, Fawehinmi had dragged the NBA to court in 1984 over the association’s decision directing lawyers to boycott the Special Military Tribunal (SMT) established by the military regime. To the Ondo-born late activist, he had a constitutional duty to his client. As a result, he shunned the NBA’s order and appeared for his client, Col. Peter Obasa (rtd), a former Director-General of the National Youth Service Corps (NYSC), then standing trial before the tribunal. Distinctly defiant, the late activist subsequently instituted an action against the NBA, the General Council of the Bar, GCB and three elders of the bar including, late Chief F.R.A Williams. The others were, Mr. Kehinde Sofola and Chief E.A Molajo all of blessed memory.

Specifically, Fawehinmi in the suit had asked the court to determine whether his appearance before the SMT Lagos zone was legally and professionally justifiable within the context of the 1979 Constitution as amended by Decree No 1 of 1984, the LPC 1975 and the rules of professional conduct in the legal profession made by the GCB. He also prayed the court to declare that the decision of the NBA taken at its NEC meeting in April 1984 and ratified at an emergency meeting on May 8, 1984 in Lagos that its members must not appear before the SMTs established under Decree No 3 of 1984 was unconstitutional, illegal, null and void. Fawehinmi’s famous bravery was traceable to his paternal forebears, particularly his late grandfather, late Lisa Alujonnu which literarily means invisible spirit, who was said to have been loved by the Ondo people because of his courage, acclaimed bravery and steadfastness. At the hearing of the case, Fawehinmi represented himself while Williams led two other late senior advocates, Mr. Kehinde Sofola and Chief E.A Molajo for the NBA and the GCB. Indeed, “Timi the Law” as Williams was fondly called demonstrated an impassioned zeal for the legal profession at the time while Fawehinmi equally exhibited his legal wits and crusading spirit as an activist lawyer. It was usually a dramatic session on each hearing date during the 1984 case. Each time Fawehinmi and Williams appeared against each other and the latter cited foreign authorities, Fawehinmi would urge him to stop the circuitous voyage round the globe when there were enough authorities of the Supreme Court of Nigeria that could be used. To borrow the late activist’s words, which he often said in court “My Lord, my learned friend has embarked on a voyage of discovery.

There is no need going to Australia, India and United Kingdom in search of legal authorities, we have the authorities here that can be cited.” By the time Fawehinmi rounded up his submission, Williams would chip in and seek the judge’s attention that “We know he is not talking to your Lordship; he is talking to his friends (pointing to the press gallery)”. Williams would often say Fawehinmi was fond of making speeches that might make headlines for tabloids. Sofola too would jokingly align with the foremost lawyer’s position. Interestingly, Fawehinmi at a point had to ask the court to restrain Williams, Sofola and Molajo from representing the NBA on the ground that their appearance for the association was improper, unprofessional, dishonourable and dishonest. The then Chief Judge, Justice Candide Ademola Johnson on July 19, 1985, apparently granted Fawehinmi’s application for an injunction restraining the three SANs from appearing for themselves. The SANs appealed against the ruling to the Court of Appeal and on March 13, 1986 the Appellate court allowed the appeal and set aside the order of injunction.

The panel of the appellate court were, Justices Phillip Nnaemeka-Agu, Idris Kutigi and Kolawole. The appeal court affirmed that the NBA was not a juristic person and as such could not be sued legally in its name. It then struck out the action. Being a lawyer, who would not easily give up the legal battle, Fawehinmi headed for the Supreme Court. Waxing truculent, Fawehinmi argued in his appeal that the role played by the three SANs was against the spirit of the Rules of professional conduct in the legal profession. He submitted that Williams could not appear for the NBA while Sofola also could not appear for Williams and Molajo. He further argued that Williams, Sofola and Molajo could not act as legal practitioners for any other party in the appeal and they could not lead any other lawyer adding that “the first respondent, NBA must therefore brief another legal practitioner to argue its case in this appeal.’’ Fawehinmi said the apperance of the three elders of the bar if allowed would not be in accord with their professional role and duty to the court as lawyers and would not be in the tradition or standard of the legal profession. Williams however had submitted that the issues formulated by Fawehinmi were merely academic and “that the legal profession in Nigeria is rooted on the foundation of common law and operates within the statutory framework of the LPA, the Evidence Act, the Constitution and other relevant statutes.’’ Stating that Fawehinmi’s arguments were misconceived, he urged the court to hold that the three leading lawyers were entitled to address the court in their capacities as legal practitioners briefed to represent the respondents. Sofola lent his voice that he saw nothing embarrassing or contrary to all known canons of administering justice for a legal practitioner to address the court on behalf of himself from the bar. Friday, the 14th day of April 1989 was the judgment date before their Lordships of the Supreme Court. The unanimous lead judgment was read by Justice Andrews Otutu Obaseki. Other justices on the panel included, Adolphus Karibi- Whyte, Saidu Kawu, Chukwudifu Oputa, and Abdulganiyu Agbaje.