Any NBA leader must be a genuine ‘Bar Man’ - Oke

You were conferred with the SAN title in 2006, what has been your experience since then?
When you are struggling for something, you may not really appreciate the challenges and responsibilities involved. Your original focus is to get what you are struggling for. If it is being explained to you the challenges and responsibilities involved, you may not better appreciate it until you are involved as an individual.

I have to appreciate God for making that ambition a reality for me. I applied seven times and it was in 2006 that I was conferred with the rank of SAN. Ever since, I would say in terms of challenges and responsibilities, things have not remained the same.

There is no breathing space, you cannot just rest on your oars even if you are desirous of res
AondoakaaNathaniel Oke (SAN) is the quintessential ‘ Bar man’ who believes any lawyer worthy of leading the Nigerian Bar Association (NBA), must be a genuine and committed member of the Bar. The University of Ife (now Obafemi Awolowo University) alumnus speaks with Dolapo Ekanade and Bukola Olajide on his expectations at Abuja 2008, his perception of Gani Fawehinmi and other issues. Excerpts:
t, people will not give you that opportunity because they believe you are capable of doing certain things. Before you can be conferred with that rank, they must have seen certain things in you and if you don’t want to go into oblivion, you have to aspire to achieve greater things than you did before being conferred, otherwise there will be no difference between when you were struggling and when you were conferred.

Would you agree that since Chief Gani Fawehinmi left the country for health reasons, we have witnessed fewer people boldly criticising government activities and policies?
That gift is inborn. Each individual has a different calling. You cannot really differentiate your calling with your attitude to life. We have some other people (non lawyers included) who have been very fiery in criticising bad governmental policies.

For example, Cardinal Olubunmi Okogie is a respected social critic. The Anglican Archbishop Onaiyekan, his predecessor, Reverend Peter Akinola, Balarabe Musa, etcetera. Gani only used the opportunity of his knowledge of the law to pursue certain causes and also criticise societal ills.

If you lack such a calling, you may end before your time. There are some other ways by which you can make your own contribution to the society or criticise bad governmental policies. Some can boldly do that, while others may give advice or express opinion. Some don’t have the patience to advise, they criticise instantly and expect an immediate transformation.

Others are criticising governmental policies surreptitiously and the government is heeding. People’s approach to issues are different, for example after the demise of people like Chief Obafemi Awolowo, since then do we have that towering figure that could command such respect or followership in the South West? None has occurred to me. None has commanded that unquestionable respect till date. Some individuals are trying within their constituency or catchment area and this is of general application. For example, in the East and North, no one has achieved the respect accorded the late Dr. Nnamdi Azikiwe, Sardauna of Sokoto or Alhaji Tafawa Balewa.

Some people damn the consequences of their actions, they are less concerned about the length of time they spend on earth. It is not that others are not criticising but if they must, there should be a basis and a better alternative. If there is no alternative to the current state of things, the criticism is useless. Such a critic complicates things.

Barring all perceptions about the man, what does “Gani” represent?
Gani is a phenomenon. He is a character. He has contributed a lot to legal, professional and national development in this country. You cannot wish him away or say he is a nobody. Admittedly, he has his excesses like any human but in giving an overall assessment of him, you cannot but commend and admire him for his contribution to this country. I salute his courage. In the areas of litigation, legal and political development he has pulled his weight.

In the area of law reporting, what preceded his was the Nigeria Monthly Law Report (NMLR) but when he started his publication, I’m sorry to say it is either the Nigeria Weekly Law Report (NWLR) or no law report.

We have others that are trailing him but the truth is, Gani’s mode of reporting is classical.

Aside from this, he is fiery and consistent. He stands firmly on the cause that he believes in. He doesn’t care whose ox is gored, neither is he bothered about arrests or incarceration. He is not an ostrich that hides its head in the sand. Sometimes he is wrong (which is human), his approach has even been termed “eccentric” but his stance is always clear to everybody at all times. He is not prone to change his beliefs or depart from his ideals due to pressure either from colleagues or the society. We wish him well.

Let me add that if you are taking queue behind someone and you are not naturally endowed, you may not really reach your peak. It is better to identify your talents, chart your own course and know which is the most suitable way of making your own contribution to the society.

By August, lawyers will move to Abuja to elect new national executive of the Nigerian Bar Association (NBA), what are the strengths and weaknesses of the outgoing executive?
I have been a very active member of the Nigerian Bar Association (NBA) and I have some experience over NBA affairs. After the aborted 1992 conference, the conference of 1999 was held.

There Chief J.C. Okpoku became the president and he tried his best during his tenure. Since then, there has been a lot of improvement in Bar activities although the lull initially affected the taking off in 1999.

Everybody cannot be given an equal assessment, what is important is an above-average performance. There is always a lot of room for improvement. If a particular person is awarded a hundred per cent what is there is to award again? I would still commend the outgoing executives, the reason is this; people rule under different circumstances, some may face challenges during their tenure, while others may face only minor challenges or none at all. Some may even have crisis in their hands and yet people still want you to take a definite position.

Now in taking sides or giving an opinion, you must be well informed because if you are not or you do not exercise patience, you will assess wrongly

In each executive ( this not limited to the NBA), there is always a focus, even in governance. There must be a particular area of concentration for every executive. But if what you focus on is not a popular area, or the people expect more, they may either assess you poorly or on the average.

The outgoing executive listens before taking decisions and in the process of waiting to get correct information or advice, time may be of essence. At the time a position would be taken, the issue may have been rested.

A leader must have vision, focus and alertness of mind. He must make use of information technology and must not depend on the information of his followers. The buck stops at the leader’s table.

Human rights still need to be addressed, there are many voiceless people who are actually relying on the NBA as a body. When a good decision is taken by the NBA people are happy. When there is no stand, or position taken, people are disappointed. There are decisions taken that people would not understand because they are not well-informed, but if the leader is focused, people may eventually come to appreciate it.

What are our expectations at the 2008 NBA Annual and Delegates Conference?
One thing I am happy about is that a decision has been taken that in every election year, Abuja will be our base. The forthcoming election is going to be interesting in Abuja and with the way NBA is going, I believe it is for serious-minded people. Candidates must be people who are ready to forego their personal businesses during the tenure of office. NBA business is a serious one. It would be almost impossible to combine Bar activities with personal activities. Those aspiring to go must make up their minds. Lawyers know what is good, better or best for the purpose of leadership. The presidency of the Bar is the most important office because if the head is rotten, the whole body is rotten.

Usually people are always not interested in listening to lectures in election year. The most important thing and business of the year is the election. I believe by now in all NBA branches, the ground is being prepared toward the election to present candidates that would serve the interest of the Bar.

If the NBA fails, an important segment of the society has failed. People place their hopes on NBA as their voice in current national issues. Our positions may not always be popular but should always serve the ends of justice.

What kind of leadership do you envision for the NBA?
Any leader must have his own personal traits, conviction and character. Professionalism does not to a reasonable extent change your innate nature as an individual. It, as a matter of fact, further exposes it.

Whether one is weak, a cheat or a fraud, professionalism does not change nature. We need disciplined and focused leadership, persons of impeccable character for the purpose of enhancing their contributions for the office you occupy. Any NBA leader must be a genuine ‘Bar Man.’ He cannot just be a businessman, or a legal practitioner. He may be a brilliant and articulate lawyer but he must be an original ‘Bar Man’. Is the person a ‘Bar man’? If not, Bar activities would not interest the person. Things will be happening but it would have no meaning, because innately the person is not a ‘Bar Man’. If you see a ‘Bar Man, you will know it. His reactions to issues will clearly project if he really is.

As part of the Akala defence team, why did you choose to file a cross appeal despite the victory awarded you by the Elections Petition Tribunal?
Initially, the composition of the panel was five judges. In the course of trial the chairman of the tribunal, Justice Sidi Bage was elevated to the Court of Appeal, leaving the four members who decided the case. In the judgment, one of them dissented, leaving three to a majority decision; in law, the majority carries the day. Any dissenting opinion is just an opinion.

We cross-appealed because there is a definite position taken by the dissenting judge who maintained a different stance. His position is part of the appellant’s grounds of appeal. If the court would consider the dissenting judgment we must equally attack it. So we have an opportunity of explaining why it is wrong. If we keep quiet, it means we have agreed with the dissenting judgment.

There may even be some areas even in the majority judgment, which we don’t equally agree with and which we must complain about. Any fact or point of law relating to the tribunal judgment will now be made available to the Court of Appeal who will have the ample opportunity of taking a position on it.

As a Bar man, is the Ibadan branch of the NBA toeing the right path in checking the excesses of government?
You can only make comments or take an opinion. As far as politicians are concerned, they have their modus operandi, it is only when it involves rights that the NBA could comment or take a position.

Just play the game according to the rules. If there is any constitutional case that borders on law, go to court.

The Bar must be careful in getting into the midst of politicians. Their position could be misconstrued. Some lawyers have even been accused of taking money from some politicians. It is not only lawyers that can change things, politicians too can.

What about the current boycott of some courts embarked upon by the NBA?
The position is this. We always have the extraordinary Emergency General Meeting once in a while. The NBA executive (Ibadan branch) has powers to take decisions but when it is a national issue, an emergency meeting is normally called.

As far as we are concerned, we believe we should take a position. Once a decision is taken at the NBA meeting based on the majority decision of the Bar, there is nothing any individual can do.