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The Oracle: Chief Kolawole Shola Okeaya-Inneh SAN: Your Name Was Crystal Clear

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By Mike A. A. Ozekhome SAN

“I am ready to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter.”—Winston Churchill.

I write this piece not to mourn you sir, but to celebrate you – your life and times.

How do I begin? To access a big masquerade, an onlooker does not stand in one spot, arms akimbo. He must gyrate around with its sprightly and deft steps. He must leap if need be. But this was perhaps only possible within the rusty playground of Iviukwe, my community (now a big city), where I grew up.How do I describe a behemoth masquerade that scales bridges, leaps across swathes of forested lands, or dances on rooftops? Perhaps, the helpless onlooker would only waddle in wonderment, muttering borrowed incantations and wishing he could do likewise with such dexterity. This is my dilemma in writing this ode for Chief Kolawole Shola Okeaya-Inneh, SAN.

Much has been written about you, o sage, legal giant and erudite scholar, making me wonder where to start from. Suffice it to say that you were a lawyer’s lawyer; a quintessential Bar-man; a mentor to a generation of younger members of the profession. You were a fine gentleman and one of the foremost elders of the Bar; indeed, the leader of the Bar in the entire South-South. Calpurnia, wife of Julius Caesar, in William Shakespeare’s eponymous opus, Julius Caesar, once intoned, “When beggars die there are no comets seen: the heavens themselves blaze forth the death of princes”. These words fit you squarely sir – a case of res ipsa loquitur. So, permit me, sir, to speak to you directly and conversationally as “you”; not in the third person.

Born over three scores and seven years ago, you were discovered very early in college by your tutors; especially the Reverend J. S. Adeniyi, the College Principal, who showed you the path of Law. You took the hint and pursued the path astutely. In 1963, you were called to the Bar. Thenceforth, the epic story of one of the most successful law careers in Africa kick-started. You practised law across Nigeria and made a mark quite early in life. What with your adroitness, experience of the workings of the courts system and; and your savvy at cultivating relationships across all divides. What with your polished diplomatic credentials; your abiding interest in the welfare of the downtrodden, to mention but a few. On 13th April, 1984, in the midst of one of the most tyrannical and despotic military juntas in Africa, you took silk, becoming one of the first Senior Advocates of Nigeria from the South-South of Nigeria. Your peers were Chief Toye Coker, Chief M.A. Agbamuche, Chief T. I. Onafowokan and Chief Fidelis Nwadialo. Your only seniors of the Silk from the South-South were Dr. Mudiaga Odje (1978), Dr. Okoi Arikpo (1980), Chief M. O. Akpofure (1981), Chief Effiom Ekong (1982), and Chief Gally Brown-Peterside. To be one of the first seven Senior Advocates to have emerged from the entire South-South comprising of six states was certainly no mean feat. You carried on admirably, nurturing young men; building young women and raising generations of Jurists and Advocates across the nooks and ceanies of Nigeria. You were a bottomless fountain of inspiration to me and other Edolites, lnay Bendelites.

My first closest encounter with you at the Bar was at the temporary Federal High Court (FHC), Abuja,when we crossed legal swords in the causa cèlèbre, President of the Senate v. Nzeribe (2004) 9 NWLR (Pt. 878) 251. This was before Justice Stephen Adah (as he then was; now a Supreme Court Justice-designate). In that case, the Plaintiff, Senator Nzeribe, had challenged his suspension from the Upper Chamber of the National Assembly barely six months to the end of his term. I remember vividly, your epoch-making application that clement Thursday morning on 9th January, 2003 (nearly twenty-one years ago). You argued that your Originating Summons be heard together with my Preliminary Objection challenging the jurisdiction of the court to hear the matter. I vehemently opposed your application for ‘merger of proceedings’ (a step that appeared novel and strange then), which sought to save judicial time owing to the urgency of the matter. The court delivered a ruling, upholding your position. Your argument was that in some cases, a court can exercise its discretion to hear an application challenging the court’s jurisdiction together with the Originating Summons to save time, rather than taking the application separately from the substantive suit, and then delivering two decisions- a separate ruling and judgement, respectively. I disagreed and headed for the Court of Appeal. My argument was that such application must be taken separately from the main case and ruled upon first, one way or the other. The Court of Appeal, in a unanimous judgement,coram Justices George Adesola Oguntade, JCA, Zainab Adamu Bulkachuwa, JCA and Albert Gbadebo Oduyemi, JCA (as they then were), upheld your argument. I vividly recall that during the FHC proceedings,you led your son, a very brilliant lawyer, now a silk, Ade Okeaya-Inneh. This recherche pronouncement of the appellate court was so profound that it would later be grafted onto the new Federal High Court (Civil Procedure) Rules, 2009, which revoked the old 2000 Rules, to stabilize the law in this respect. The case also established the power of the court to determine disputes arising from the “exclusive domain and domestic arena (internal affairs)” of the Legislature, and the principle that impeachment proceedings are sui generis,of which time is of the essence.

So abstruse and arcane was this point of law which we threw up that the Supreme Court went ahead and cited its principle with approval, in both Inakoju v. Adeleke & 3 Ors (2007) 1 SC (Pt. 1.) 1; and Dapianlong & 5 Ors v. Dariye & Anor (2007) 4 SC (Pt. 111) 118. There is no better elegy to be paid to you sir.
Your deep understanding of the law was matched only by your uncommon passion for social justice, equity and equality. That was whom you were sir.

Chief, you bestrode the length and breadth of the legal space in Nigeria like a colossus, championing the cause of justice and the oppressed. You won numerous landmark cases reported in law reports. You were one of the few courageous legal gladiators that rose up in law (not in arms; well, law is a very effective weapon for the engineering of society- Prof Dean Roscoe Pound), against the then government of Bendel State. You fought it for unconstitutionally arresting and detaining your client, who was consequently freed. This story is archived in the annals of our legal history. You hated corruption with considerable passion and avoided it and its perpetrators like the Bubonic plague. In your own words: “I was the first lawyer to expose corruption in the judiciary. I did a case and won. Three judges who became corrupt surreptitiously changed my judgement to 4,000 pounds. I went straight to the Head of State, General Ramat Muritala Muhammed, to complain and they were disciplined accordingly.” Not many would have possessed the balls (sorry, guts), to beard the lion in its den. You had no traces of condescension or superciliousness; nor were you patronizing. On the contrary, you were fearless and rightly famed (and admired) for your bluntness, even-handedness, equanimity and geniality. Throughout our years of interaction both in and outside the courtroom, I only saw you lose your temper just once- during the hot proceedings in the said Nzeribe case. Those were the beautiful days when forensic advocacy was allowed and encouraged. Not anymore! Now it is “simply adopt your brief and don’t waste our time”.I never again beheld you lose your temper; not even in the face of extreme provocation. You were always suave, debonair, calm,smiling, collected, and magisterial. Never mean-spirited. I recall sir, that when the FHC rose after the Nzeribe matter, I approached you outside the court, took a bow and said, “I hope you were not crossed with my persistence which led to hot altercation between us sir”. In your usual genial disposition, you simply smiled, tapped my bent shoulders, and said, “No, I enjoyed your advocacy, young man”. Keep it up”. That incidence drew me closer to you,with awe. You were humane and generous to a fault. If the stars are to be believed, you were a typical Aquarian, having been birthed on 23rd of Janus, the god of beginnings.

To our noble profession, you bequeathed personal legacies and worthy heirs. Some were those sired in your loins (such as fecund and cerebral Hon. Justice Joy Oghogho Okeaya-Inneh of the Edo State Judiciary, Ade Okeaya-Inneh, SAN, and other illustrious children). Others were those sired under your tutelage, such as Judges, Senior Advocates, consummate Barmen and women, administrators, teachers and philosophers. These are well archived sir.
An illustrious Benin prodigy with a pan-Nigerian disposition, you used your talents and resources to build bridges. You delivered the goods of your professional and interpersonal excellence to distant corners of Nigeria, winning cases, hearts, accolades and respect. A curator and perservator of the finest human values, customs and traditions of your people, you took the troubled route that goes with pioneering academic work.

This was in the rare field of ascertaining and mirroring the customary laws and age-old traditions of your people through your seminal work, “Benin Native Law and Custom at a Glance”. Is not this also there for all to see?

So, this piece is not to mourn, but to ceremonialize and celebrate the octogenarian years in your life,including the fruitful life in those years. What we have lost in your flesh, we have instantly recouped in your good deeds. Death is so silly, poor and blind that it only succeeded in filching only your flesh. It could not pilfer your good deeds. They remain undesecrated,outside death’s filthy phalanges. We thank God that it is so, for with what implement could man have unearthed good deeds interred six feet under the feet? Yours is a celebration of an illustrious life of service. Little wonder therefore that the small and the mighty are ‘mourning’ you. Great was your faithfulness to God.Accomplished was your service to man and law. Your achievements will continue to inspire generations of legal minds.Your contributions are forever etched in Nigeria.As you march on to Heaven, because of your good deeds, please sir, accept on your arrival, every offer which Jehovah extends to you, to serve as an Amicus Curiae. AMEN.

You are forever immortalized in our memories as a symbol of noble allegories, even as I hope the Edo State Government does same.

When the true story of Nigeria’s Legal Profession is written, your name will be in the top pantheons. Say me well to the following legal deities in no order of superiority: Sapara Williams, FRA williams, Gani Fawehinmi, Osobu, Aka Basorun, Akinrisola, Elias, JIC Taylor, Sowemimo, Alexander, Eso,Oputa, Nnamani, Idigbe, Udoma, Tobi, Chukwura, Fani Kayode, Awolowo, Douglas, Odje, Majiyagbe, Nwadialo, Ajibola, Agbamuche, Abdul-Razak,Peterside, Eghobamien, Ihensekhien, Nweze, Aguda, GOK Ajayi,Ogundare, Karibi-White,Olatawura, Akinjide, the Akandes, Umeadi, Akpamgbo, Olagbegi, Ibironke, etc. You will meet more. Sir, YOUR NAME was CRYSTAL CLEAR.

To your beloved family, WEEP NOT; MOURN NOT!

To all friends and well-wishers (and even random professional mourners), CRY NOT!
Chief, you have not died sir. You have merely transformed from mortality to immortality.Adieu, papa! Goodbye, sir. Fare thee well, good man.

Prof. Mike A. A. Ozekhome, SAN, CON, OFR, FCIArb, LL.M, Ph.D., LL.D, D.Litt., D. Sc. is a revered constitutional lawyer

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Opinion

Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67

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By CDS Omon-Irabor Esq

Chief Prof. Dr. Mike A.A. Ozekhome SAN,
the only masquerade that dances in the farm without cutting a single reed of the yam tendrils.

The Gadfly is climbing the 67th rung on the ladder. From the hills of Agenebode down to the plains of the Iviukwe, the celestials, the principalities and the gods of Weppa and Wano Kingdoms are celebrating this colossus, who came in disguise as a little rough village boy; but very comely and handsome, his divine intelligence surpasses those of his peers.

Taking a sudden flight through primary and secondary schools casaded him into the land of Oduduwa. He anchored his life voyage at the ancestral home of the Yorubas, Ile-ife. Here his projenitors believed to have a temporary abode before sending the last born of the Ogisos Ile-ife (I ran and I became rich, Benin translation). Omonoyan (wrongly called Oromiyan) was sent to go to the land of Igodomigodo where today Chief Mike Ozekhome holds the title of Enobakhare of Benin Kingdom.

This great man had all his trappings, equipped himself and became a lawyer, taking abode in the Delphic Oracle (that is what we called the Chambers of Chief Gani Fawehim). There he became the Aristostle, tampering with the Apologia left at the eye of euroba.

He journeyed on, for no destiny, no chance, no faith, nor circumstance could hinder, control or circumvent the firm resolve of a determined soul in Chief Mike Agbedor Abu Ozekhome as epitomised or postulated.

The great learned Senior Advocate of the masses grudges on, defending the most vulnerable and giving voice to the voiceless and muscle to the powerless.

The Okporokpo of Oleh kingdom, Delta State; the Aimotekpe of Okpeland, the Agbamofin of Ijanikinland, Lagos; the Ohamadike1 of Obibi Ochasi, Imo State; the Ada Idaha of Efik land and the great Akpakpa Vighi Vighi of Edo Land, the land of my ancestors, I salute you for it is morning yet.

There is no space here,for my ink is running dry; but before I drop, I remember your words to me while I was in the dock of the Warri High Court on the 12th day of July, 2013, “Omon, you look worried; mind you, those who think that they can cover the shinning sun with their palms will soon find the heat unbearable”.

Those who stopped you from becoming our Governor in 2003 indirectly made you Governor of all Governors.

In all these odyssey you traversed, behind the dìm unknown standeth God, watching over you, His own.

Obokhian, amonghon, iyare iyare, mooooooh.

CDS Omon-Irabor Esq writes from the hill and the cave of Ebudinland

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Opinion

Mr. President: Affordable Fuel is Possible at Zero Subsidy

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By Dr. Aliyu U. Tilde

Yesterday evening, I listened attentively to a panel of experts and stakeholders on the BBC program Ra’ayi Riga, anchored by Umaima Sani Abdulmumin. The program ended with a big doubt in my mind regarding a matter purported to be a provision of OPEC and crucial to the price of petrol in Nigeria.

Tyranny

I could not fathom how particularly the representatives of NNPC and IPMAN stressed that Nigerians will be at the mercy of two variables: the international market and the price of the US Dollar in Nigeria. They said OPEC agreement compels member countries to sell allocated domestic crude at international rate even if refined locally. One of them even said the Iran-Israel conflict can cause domestic price of petrol in Nigeria to rise.

So we should expect higher fuel prices anytime the rate of the dollar appreciates in Nigeria and also when, for any reason, there is a rise in the cost of crude in the international market. It is the rule, according to them. Our fate, they claim, is sealed, regardless of our OPEC membership and Dangote refinery. Nigerians will no longer have a stable fuel price.

Trust me, in Nigeria, the equation will be simultaneous. At any given moment, a reason will be found to use either or both parameters to increase pump price. The target of government is to extract more revenue from citizens while the businessmen in Dangote, Major Marketers, NNPCL and IPMAN continue to feed their greed for endless profit with our blood.

One would wonder why OPEC would be so oppressive in inflicting such tyranny on the citizens of its members. Senator Ndume, who was in the panel, said if he cannot understand why, how would they expect a commoner sitting under the tree to do so?

The truth

The truth is that there is no provision like that in OPEC agreements. In fact, the very idea of domestic crude quota arose in realization that citizens of member countries may need to enjoy cheaper oil than the international market price. That is why those citizens have been enjoying cheaper fuel for the past five decades in different countries. Many still do. Why not Nigerians?

If you ask ChatGPT whether OPEC agreement compels member countries to sell crude for domestic consumption at international market price only, this is the answer you get:

“OPEC (Organization of the Petroleum Exporting Countries) does not directly compel member countries to sell crude oil for domestic consumption at international market prices. OPEC’s primary role is to coordinate and unify petroleum policies among member countries to stabilize oil markets and secure a steady supply of oil.

“However, OPEC’s production quotas, agreements on output levels, and policies can indirectly influence domestic oil pricing. In practice, many OPEC members choose to sell crude oil domestically at subsidized rates or prices lower than the international market. This decision is made at the discretion of individual member countries, often as part of national energy policies aimed at supporting domestic economies and industries. Nonetheless, these policies may vary from one member country to another depending on domestic priorities and economic strategies.

“There is no formal OPEC rule that requires domestic sales to match international prices, though it can be influenced by international agreements and market pressures.”

The Truth

The truth is that the President and Minister of Petroleum can sell our 445,000 barrels a day to Dangote at even N50,000/barrel after taking into consideration the cost of extraction and OPEC will not raise any eyebrow. Dangote can charge the cost of refining, add his profit and sell to NNPCL and IPMAN at, say, N300/litre. On their part the marketers will add their cost of transportation, storage, profit, etc., and sell it to Nigerians at N400/litre. And—boom—we all will be happy.

It is entirely the discretion of the President and his government. So whoever wants to sell our locally produced fuel by that simultaneous equation is on his own. There is no OPEC in the equation.

The Squeeze

Also, among those who would fight against Nigerians enjoying affordable fuel rates are the IMF, World Bank and the West generally. They want the government to squeeze us the more such that we can service our debts and collect more loans from the Shylock. The age long philosophy is: our poverty, their wealth; our pain, their joy.

Added to these are local liberal economists who believe in high taxation, claiming that the blood money will be used to develop our infrastructure, health, education, etc. It is just the same old bunkum selling since 1986 at the debut of Naira devaluation while our infrastructure, hospitals and schools continue to deteriorate in rebuttal of that thesis.

A Call

I call on the President to consider the low income status of our citizen. Only affordable fuel price will hold together our social fabric, ensure our prosperity and guarantee our security. It is zero subsidy because we are not buying it from anyone. It is our oil.

The President must keep in mind that the IMF and oil magnates are not his partners in 2027. He is on his own. They will be there to outlive him and work with the next President. Let this sink into his psyche. Tam!

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Opinion

Happy 64th Independence Day!

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By Oyinkansola Badejo-Okusanya

From July 2011 to May 2015, it was my honour to serve the government and people of Lagos State as General Counsel to His Excellency, Mr. Babatunde Raji Fashola, SAN CON, the Governor of Lagos State. As one of my tasks, I had the honour of being the Governor’s speechwriter, and early this morning, as the clock chimed midnight, ushering in yet another October 1, I found myself reflecting on how far we have come as a nation. “Does our progress reflect our age?”, I asked myself. I really don’t know. My thoughts then turned to 10 years ago and I remembered the Governor’s 54th Independence Day speech, the 1st draft of which I was privileged to pen. The Governor’s words on October 1, 2014, ring as true today as they did then and I thought it was worth sharing excerpts from his speech. Happy reading!

“…Today, October 1, 2014, we are once again celebrating the anniversary of our independence from British colonial rule. Today marks 54 years since Nigeria became an independent sovereign nation, following the germination of a seed that had been sown seven years earlier, when in 1953, Anthony Eromosele Enahoro introduced a private member’s bill demanding self-government. When the British “Union Jack” flag was lowered for the last time and the green-white-green Nigerian flag was hoisted in its stead, the crowd went wild with jubilation, filled with high expectations of a greater tomorrow.

We can only imagine the exultant joy felt by our first Prime Minister. Abubakar Tafawa Balewa, when he mounted the podium on October 1, 1960. In his first Independence Day Speech he said:-

“This is a wonderful day, and it is all the more wonderful because we have awaited it with increasing impatience, compelled to watch one country after another overtaking us… when we had so nearly reached our goal.”

Indeed he mirrored the views of millions of Nigerians and echoed their thoughts. Independence Day soon became easily the most significant day in our national life, accorded a pride of place that was difficult to surpass. Independence day became synonymous with sights of the President and the State Governors in open-top vehicles inspecting Guards of Honour, of beautiful parades, exciting fireworks and National Day Award ceremonies. October 1 also became the day on which political batons changed, and elected officials handed over to their successors. A day for inspiring speeches and sober reflection on our growth as a nation.

As a school boy, I remember struggling hard to get selected to march for my school in the National Day Parade, the endless rehearsals, and the keen anticipation of waiting to see if I would be picked. There was no prize given and none was expected. It was enough that your school had participated.

“Left, Right, Left, Right, Eeeyes Right!” And on the sidelines, children cheering us on with their own rhymes – “dem dey look una, make yanga, dem dey look una, make yanga, Left Right, Left Right!

Filled with excitement, we would add more ‘yanga’, trying hard, but not quite suceeding, to match the synchronisation of the armed forces. After it all, bursting with pride, those of us fortunate enough to have been selected to march for our school would milk our success for weeks afterwards, wearing our school uniform with pride, basking in the recognition as we went to and from school in public transportation and displaying a sense of superiority over our “less fortunate” schoolmates. Such was the depth of our civic pride.

Today, sadly, the excitement has waned. October 1 appears to have now become a hollow ritual and regrettably, no more than just another work and school-free day. The flame of our national pride seems to flicker. This is not how it should be.

What is the importance of a day like this? What does it mean to you? What should it mean to you? All over the world, Independence Day anniversaries are celebrated with great fanfare, splendour, respect for the nation and a deep sense of patriotism.bln some countries, festivities leading up to Independence Day start up to three weeks earlier. Some hold Independence Day beauty pageants; some re-enact their independence, others play the National Anthem on the dot of midnight on all radio and TV stations. All put country before self, at least for that day. We should not be any different.

In that historic Independence Day speech, Prime Minister Tafawa Balewa also said:

“Words cannot adequately express my joy and pride at being the Nigerian citizen privileged to accept from Her Royal Highness, these Constitutional Instruments which are the symbols of Nigeria’s independence. It is a unique privilege, which I shall remember forever, and it gives me strength and courage as I dedicate my life to the service of our country.”

Noble words indeed, and the words upon which the foundation of our nation was built. It seems to me that there is no better time to rekindle the flame of Nigeria’s promise than now. We should reflect on Prime Minister Tafawa Balewa’s words and re-dedicate ourselves to the service of Nigeria. In other words, we ought to see October 1 as a day to rekindle our national pride.

Let us patriotically reaffirm in our hearts that, Christian or Muslim, we are one nation under God; that North or South, we are one indivisible people; that whatever our political affiliations, we are all Nigerians, and that what binds us together far outweighs what little divides us.

We will yet attain those great lofty heights we sing so gustily about in the second stanza of our National Anthem. And I pray it will happen in my lifetime.

So help us God.”

Happy 64th Indepencence Day anniversary, dear colleagues. Please spare a prayer for Nigeria on her 64th birthday post independence. May God help us to build a nation where no man is oppressed so that with peace and plenty, Nigeria may be blessed. Amen.

Oyinkansola Badejo-Okusanya, FCIArb,
was General Counsel to the Governor of
Lagos State from July 2011 to May 2015.

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