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Wednesday 10 July 2013

I started as a charge-and-bail lawyer -Afe Babalola *The story of my rivalry with FRA Williams *Why I wept over Abiola's case



He could barely wait for the interview to be concluded before exclaiming "How did you get to know so much about me?" Before an answer could come, he gushed, "this is the most engaging and detailed interview I ever had." When Law Editor and Lagos Bureau Chief, LANRE ADEWOLE sat with the legendary Aare Afe Babalola for this chat, the time allotted was 15 minutes. Hours into it, time went unnoticed as the reporter guided the iconic lawyer through the maze of his life, practice, controversies, reputations and success stories. It was Afe like-never-before.
Sir, the only formal education that can be credited to you was primary education?
Yes, the only formal education I had was at Emmanuel Primary School.
Your story is an amazing one because today you are a legend in the learned profession. Can you be regarded as the 8th wonder of the world?
Well, people have credited me with all that before but I don't see anything wonderful in it at all. I think the magic was the fact that I was sent to school at all. If I was not sent to school, I would probably have died as a poor farmer. The seed was sown by my father when he decided to send me to school and all the way, I had problems; each problem was surmounted and each victory over one made it easier for me to confront the next. So today, there is no amount of problem that would confront me that I cannot surmount. That is the secret of my success.

Your father was not educated.
Not at all!
So, what was the inspiration around you then in the village?
Yes, I was born into a polygamous, large family. My great-grand Pa had a large compound. The children lived with grandpa. It was a large compound with one entrance in those days because of enemies. My own section with my brothers had no windows and when going to the farms, there were no doors; we used to put mats on the entrance. There was no ceiling then but life was safe. I used to travel alone to the farm of about seven miles away into thick forests with nothing to fear, except animals. While he sent me to school, I still don't know. I thank him because he changed my life. It was beginning of change in my life. He sent me to school because the Catechist missionary persuaded him to do so but I didn't like it, because by sending me to school, I was being deprived of the beauty of the farm, the beauty of eating what you liked at any time, the beauty of wanting to bath for many months (laughter) There was nothing wrong in that. We were sleeping on banana leaves every night and we saw it as a normal thing. We had snakes which would come in at night because it was warm inside the tent we lived and they would creep into our coverlet and when we woke up in the morning, they go away because they saw us as friends.
Snakes!
Yes. Rats and snakes and there was nothing wrong in that. It was as bad as that but we didn't see it that way. At night, we lit the firewood, so it would be warm inside and snakes would creep in because there were no walls and rats in the forest very close to us. So they crept in, enjoyed the warmth and sleep with us. So, why would they want to kill us? I feel they were also wise. You don't seem to believe it, but that is the truth.
Were you the only one sent to school in your family?
I was the only one in the large family.
How large?
About 40 men; each had his own wife. So many children! We are about 200 in the family. My father had four wives. There were other brothers of his own, who had wives of their own, and half-brothers too were there.
How many children did your dad have?
We were 12 and I was the only one that went to school. Even in the entire extended family. I was the only one too in that family of hundreds.
If your dad didn't tell you why he made that decision, your mum also didn't mention anything to you like certain uniqueness surrounding your birth or soothsayer predicting a certain future?
I didn't ask them why they sent me to school. All I know is that I didn't like it. But about prophesy, I can tell you this. When I was six days old, the practice then was to go to an Ifa priest to find out the type of person you would be. I knew that when I built that house (old wing of his chambers) in 1985. The first daughter of my father's sister came here and saw this building. She stood up and saw the large area of Ibadan and she started to weep. I said aunty, 'why are you weeping?' It took me about five minutes before I could make her calm down. She said I carried you on this my back to Oke-Ila in Ado-Ekiti of about four miles away to my father's house where they consulted Ifa about the type of person I was going to be. Do you know that the book about Ifa, its literature was bigger than the Bible? It took about six hours for any consultation.
According to my aunt, after consultation, the Ifa priest called my mother, my father was also there, and asked my mother to promise that she would not offend me. My mother, a very stubborn woman, said how can I say I would not offend my own son but the priest insisted she must say so. So she said, 'okay Ifa, I won't offend my son o' reluctantly (general laughter). After further consultation, the priest said, according to my aunt, that this your son is going to Ibadan. He is going to spend many years in Ibadan and would make the city a beautiful place and contribute to the city. And my aunt said, 'here you are today and you have done so' with my aunt wishing that the priest was alive to see his prophesy coming to pass almost 60 years after. The priest also saw I would leave Ibadan, go over a river, which means overseas, would stay sometime there and return to Ibadan again. My father had never been to Ibadan. Nobody in my family ever did then. Ibadan was a journey of about one week at that time. That answers your question of something unusual about my going to school.
But you didn't like school.
No, I didn't
So, you were forced to go to school every day?
Yes, I was forced to go to school. I ran away from school a number of times but my father was always dragging me back.
With cane, I suppose?
Yes. There were times, I would hide in the bush for one or two days in order not to go to school. We were flogged mercilessly. I can show you marks here (got up and pulled his trouser up to reveal marks of healed wounds around his knees). I have on my body too (touching his back and ribs).
In other words, your aversion for school was because of the excessive punishment?
Certainly and because I did not see any need for me to go to school. My constant question was, what do I want to derive from this type of training? There was nobody around who had made a success of education which would make you like to go through the rigours. There was no inspiration around. I grew up in Ado-Ekiti but it wasn't a big town then. The only person that could be called inspiration was the Catechist, riding an old bicycle, with his over-size coat. My parents used to give him banana, plantain and eggs. So, what was in that to inspire anybody? Who wanted to become a poor Catechist?
From a reluctant pupil to a celebrated lawyer with a PhD in Law to boot, what was the turning-point for you?
It was when I was in Standard IV. There was a teacher from Saint Andrew College, Oyo, Mr. I. A Olowu. He was a trained teacher, trained by the white men. I think part of the training was to identify students' ability. He found out that some students were not concentrating. Apparently, I was one of them; those with ability but not concentrating. He identified those without ability at all and according to teaching method, you have to separate them, including those who did not need a lot of efforts. I was grouped among those with ability but not concentrating (general laughter). By the end of the year, I found myself among the first 10 in a class of 25, whereas before then, I used to be in 16th or 18th position. By the time I got to Standard V, I found myself within the first three and by the time I was in Standard VI, I was leading every time. That was how things changed. Fortunately, the same man taught us for three years. We became his favourite. I came out the best in Standard VI. I could not go to secondary school but because of my performance, I was made a teacher in the same school. I started teaching in the same primary school I just finished from as an ordinary pupil teacher for one pound, a month, without shoes, short khaki, short shirt.
You suddenly transformed into a teacher for some of your junior colleagues?
That is correct. We were not teaching those in Four and Five; we were handling from infant class to Standard II. Those ones were still very young. There was nothing exceptional because even now, if you are in class three, you can be helping a teacher in class one or two.
No funds and education fire was burning in you?
Since I now knew I had the ability, the love to go back to farming receded. It was now time to make it in education and I found out somebody who was under-tuition Mr. Omojomu. So, I got the address and decided to study for my Cambridge School Certificate, so that before my colleagues finish their secondary school, I would also be able to take my examination. Fortunately, I was able to take the exams and I passed along with them.
From then on, it was correspondence examination.
From there, I was under tuition for GCE Advanced Level. After my GCE six ordinary subjects, I applied for four for the Advanced Level, though usually, you don't apply for four at a time, either two or three. I was now so confident about my ability, so I applied for four and when the result came out which was published in Daily Times that GCE London result was out, only three Nigerians passed four at the Advanced Level, I was one of them who had the four at the same time in 1954.
And scholarship never came your way?
That was the time I applied for scholarship because that qualified me for Intermediate Law and Intermediate Economics and the Western Nigeria government then was giving scholarship to Nigerians, Division by Division and Ekiti was a division of Ondo State then. There were five divisions: Ondo, Ekitipupa, and so on. So, I applied and I was the most qualified because I had four Advanced Level subjects, while all they asked for was school certificate, two Advanced Level subjects with passes in Mathematics and English and one Advanced Level in Economics. I had all, had more than that. So ordinarily, I ought to be the first person. I was so confident I would get it but alas when the result came out, the name of a person who had only a school certificate got the scholarship. So, I went to Rev. Banjo who was the chairman of the scholarship board and I showed him my result and told him I didn't know why the scholarship was given to someone with ordinary school certificate and according to the requirement was not even qualified because he would still spend two years to study for Advanced Level subjects in England. He said that was what the government decided but he prayed for me that God would help me. I left the man with tears but, I resolved that I would not apply for the scholarship again but would make it. Then I entered for my Part 1 BSc Economics. I decided to study at home remaining in my one-bedroom, while continuing with teaching now in a grammar school, because with my GCE Advanced Level, I was qualified to teach in the grammar school. I wasn't earning one pound any more (laughter). I was earning about 11 pounds.
How did you take off from that point to land where you are now?
That disappointment made me to buckle up again and knowing where I was coming from, overcoming the problems I faced, I saw that as another problem that I overcame it. I resolved that before that person would come back from England, I would pass the same examination here and I did that again. In fact, I was the only candidate for the examination who sat in Lagos centre for my B.Sc Economics final examination of London University inspected by a white woman.
So, when did Law come into all these?
When I obtained a degree in Economics, I had started working in the Civil Service as an executive officer. My salary then had gone to about 30 pounds a month. So when the result came out, it was like a summer fire. The whole of the secretariat heard about the result within an hour: that an Ekiti man had bagged London University degree privately. There was no degree in Ibadan University then for Economics. So, the white man who was the under-secretary at that time heard about the result and sent for me. I showed him the result, he was very happy. He said they were going to promote me to the post of an assistant secretary, meaning my salary would now be 624 pounds. I would be entitled to a house in GRA, entitled to a car and police orderly, but I wasn't impressed. I asked him for time to think about it. By that time, I had resolved that I would be my own employer and not work under anybody again. So, I went back to him and said "Sir, sorry, I want to leave the civil service. You know why? Because, as an economist, for the rest of my life, if I remained in the civil service, I would have problems. I was already anti-social. I had no friends, I didn't go to parties, I don't drink and only social people are promoted in the civil service. I knew I might have problems with promotion because of the way I was.
I also thought that having so much ability to study and work on my own, if I used the same energy and ability in private business, I would make it faster than I would in civil service or elsewhere. That was the main reason why I left and went to teach at City Academy, Ibadan for one year where I had my intermediate Law within nine months of my first degree and I became the vice principal of the school because of my qualification.
Even with the increase in my salary, I remained in my one-bedroom and was using the extra to maintain myself, so I was able to save the 624 pounds which I could have earned in the civil service. At the end of the year, I was the best customer of UBA where I was saving money (general laughter) because I only saved money, I never withdrew.
Would that not make you even stingy to yourself?
No, I was spending money. 120 pounds was spent on ordering books, paying for my examination, food, and paying for my brother's school fees. It was enough.
You were the one training them in school?
Yes, all of them
What accounted for your being anti-social?
When coming back from class after closing hours, I would eat, usually eBay because it was easy to prepare, and would go back to the classroom with my lantern and wouldn't come back until about 12am because if you stay back in the one-bedroom face-to-face, the music of your colleague would distract you. And you would not be able to read.
But you have this reputation with women now. When you were anti-social, were you also completely off women?
In those days, up to the time I graduated, my mother thought I was a eunuch (general laughter). There was one night I went home, all my friends were married with kids, my mother complained that I was always seen with books and books and no more and when I wanted to enter my room, she called me and said, "that lady wants to see you.'' I said ''which lady?'' She said ''I arranged her for you,'' and I said ''mama, if you do that again, I would never come to this house again.'' She wept all that night. I was the only son and she thought I was a eunuch, so she complained to my father that ''I don't know whether your boy is a whole person'' and my father said "leave him alone, he knows what he is doing.'' So, I do not know where you got the idea of reputation with women now. All I know is that as a successful man, you expect people to come round you, including women in large numbers. Even at my age, girls still propose to me that I still look handsome as the one near you ( a colleague) is right now (general laughter).
Something must be the driving force if you had no inspiration around you growing up. Was it family poverty?
Honestly, I can't explain the driving force, except that once I became aware that I had such ability, I wanted to be the best in everything I did. Because of my childhood days on the farm - I still love farming; so, today, I have the largest farm in Ekiti. In farming, I am successful. In university education, I am successful, in my law practice, I am successful. There is nothing I had laid my hands on, which I didn't do well. Whatever I want to do, I want to do well and get results.
Did you have any tutelage in law practice?
When I finished my law course, I went to the chambers of Justice Ayoola, the same Ayoola of the Supreme Court and ICPC. That was where I started my practice.
But Ayoola is almost like your age-mate?
Could be, but his late brother was the owner of the chambers and I joined him as a green-horn. He came to Nigeria ahead of me, so he was my senior in law. In my own case, I had to go round. His own father was a teacher, so he probably had it easier than me. My philosophy is that we should dream high and big, plan to get your dreams achieved and try and execute your dreams. It is not a sin to dream of great things, but it is a crime not to have a dream at all.
Can you remember your first case in court, not as an 'appearing with'?
The first case was a motion when I was with Ayoola. I dressed up beautifully. It was an ordinary motion for extension of time. It could be contentious but mine was not and the first lawyer I ever opposed in my life was Rotimi Williams. He was then in Ibadan. But I can't recollect my first case in my own chambers because I started as a charge and bail lawyer (laughter). When you have nobody, you have to make friends with the police, who would give you overnight cases. There was nobody to give me big cases to start with. If you were the son of a big lawyer, you come and start with big cases.
Was the rivalry between you and FRA Williams a hype?
Well, in the 90s and 2000, I had many cases against him. There is no doubt about that. Knowing his ability and experience, I prepared very hard any time I wanted to meet him because I did not want to lose. It was not a case of rivalry; it was a case of me not wanting to lose. He had already arrived, so there was nothing to rival with him. There was nobody who would want to meet Rotimi and not be prepared unless the person was a fool.
Fortunately, he had a lot of respect for me. Even when both of us appeared together, defending the same person though most of the time, I was always against him, but both of us defended Abiola and I knew then that he had a lot of respect for me and I remember he once said, ''if you want to meet Afe Babalola, you have to prepare hard.'' One of his juniors told me this. Because he was much older and I was much younger, I was able to work so hard and prepare bundles of documents which he acknowledged, especially my ability to turn out papers overnight.
Was the turning-point becoming Obasanjo's lawyer?
No, no. I was already an established lawyer before meeting Obasanjo. Let me tell you something curious about the person of Obasanjo. In 1979 or so, my people in Ado-Ekiti wanted me to go to the Constituent Assembly. Obasanjo was the Head of State. I told them I was not interested in politics but they persuaded my mother, subject to the condition that I must be returned unopposed. So, my people returned me unopposed. It was announced, ''Afe Babalola returned unopposed.'' On Sunday morning, on the front page of the papers, particularly Sketch, Afe Babalola flung out.
Somebody against the wish of the town had said I had not paid my tax, then they flung me out according to them. So, I went to court. Justice Aguda found that I had paid deposit because I used to pay a lot of money to the tax authorities in the beginning of the year. When they finished auditing, it would be resolved whether to refund me or not. So, Aguda found that I had paid my money and, therefore, I should go to the Constituent Assembly. But Obasanjo refused. He said he was not going to be persuaded by any court judgement. That was why and how I didn't go to the assembly. Maybe today, I would have been a politician, if I had gone for four years there. In 1980, Obasanjo had left government. I was a lawyer for government in the N2.8 billion enquiry. I subpoenaed him to come and give evidence about what he knew about the N2.8 billion. He hired Williams to say that as former president, he was immune from giving evidence. That was where he knew me for the first time. About a year after, Obasanjo wrote a book, Not My Will, and was taken to court by some people mentioned in the book. He then hired me as his lawyer. The same person who did not allow me to go to the Constituent Assembly hired me. Thereafter, I started acting for him in many cases. When he was sued after the 1999 elections by Chief Odumegwu Ojukwu and Chief Olu Falae, he sent for me and when I arrived with a team of about 12 lawyers in Ota, people around him thought that it was the SSS that came to arrest him. They were leaving one after the other and he said, "No, don't go away. He is a lawyer, not SSS. Are you afraid again?" Because he just came back from prison and we were in black suits. He then said, 'I now know why you charge in dollars, for you to come with 12 lawyers.'' People call our chambers Kingsway because we charge our fees in dollars. We won many cases for the government between 1999 and 2007 and I remember one paper saying "Afe Babalola, the Legal Fix-It of Aso Rock."
Were the Atiku cases challenging?
Atiku's case was very easy for me. Even look at the judgment. They agreed with all my submissions and how they arrived at their decision is still curious. In fact, Obasanjo thanked me very much because the main finding of the court was that a person who is the VP has no right to criticise the decision of the executive to which he was a party. It was wrong for the VP, while still in government to which he held his loyalty, to go and join another party. It is the ratio of a judgement that matters not whatever a judge pronounces.
Did you ever get to advise Obasanjo on some of his acts in office, before filing cases for him. For instance, his decision to lock Atiku out of office even as VP?
Any advice that I gave him while in office, was given by me in good faith and from my abundance of knowledge of law. If I gave any advice, it was because I knew it was right and I still believe so.
Including those controversial elections you defended?
We won our results. We won all our cases.
Even his largely-flawed re-election polls?
There was not a single case where Obasanjo influenced any judge, either directly or through me. I wish we could return to those days. They were golden days of the judiciary because we kept away from influencing judges. He believed in my ability. He has a special name he gave to me as a man who would achieve anything at any time. I have a large number of lawyers in the office and others joined us. It was difficult for any group to defeat us in court because we not only prepared our cases, we prepared what the defence would say, in advance. There was a case where lawyers were with me till 4a.m. preparing our papers. Before they came back 7 am, they were surprised that I had changed the whole thing and what I changed it to, was what we found in court.
What about this story of oil blocs being used in paying your legal fees?
When we finished the first set of cases, I said I donated it to the government and I didn't receive a kobo. I will give you a copy of the letter. The only thing I asked him (Obasanjo) to do was to ensure that those that worked with me were given cases. Most of them were disappointed because no case was given to them. You must have heard about Odein Ajumogobia, former minister of Petroleum, Foreign Affairs and co. We invited him to Afe Babalola University recently to be the Director of our Oil and Gas Institute. He told them they he accepted because of my integrity.
When he was minister and looking at the files, he found out that at a time, a company in which I had interest was given the allocation of an oil bloc and because the amount which we were asked to pay was too small for my comfort, I wrote a letter rejecting the offer. I am the only person in Nigeria who rejected an offer of oil bloc allocation. I can also get you a copy of the letter which I wrote. Obasanjo has many good qualities, the greatest fault in that man is that he doesn't give money out (general laughter). He is alive, you can ask him. The money government still owes me is over N580 million for the numerous cases I handled. Adoke is there, the file is with him. They said they had no money to pay yet. Obasanjo would always tell you, "Chief I have no more o, we know what you charge other people but when you are working for us, whatever we have we give you."
I see my service as service to the nation and to make sure that the republic succeeds. But for me and my professional competence, we would probably not have civilian government today.
When Oshiomhole and others decided to go on the "mother of all strikes,'' I am sure you remember, over the introduction of fuel tax, that would cripple the nation, Obasanjo was to travel out, the AGF went to court and they failed. The strike was to start on Wednesday, I was in England, I was asked to come back. From the airport, I went straight to Abuja, without sleeping, I began to put the case together. We filed on Monday, served it throughout the necessary places across Nigeria and got the motion to be argued on Tuesday. It was handled by Justice (Ayo) Salami and others.
But for that victory, only God knew what would have happened to the Nigerian government today. I won the case and the court stopped them because my submission was that "you have right to associate as members of a union to fight your cause in your employment. But your right is limited to matters which concern your employment. Unions are not to fight on political matters.'' In order words, whether fuel price is high or low, it is not a matter of employment in the civil service. You can say your salary is poor, you are not paid allowances, but what has increase in fuel price to do with your employment? That was the argument I offered.
Why this impression that you are a bully in court. During the fuel tax case, you pulled an opposing lawyer's ears in open court?
But Oshiomhole physically attacked me. If you saw that (pulling a lawyer's ears in open court) why didn't you see that? (general laughter). It was a big case. I don't think I am a bully in court. That day, it was Oshiomhole that was more of a bully.
You made Akinlolu Olujinmi AGF, but you were never one?
Even under late General Sani Abacha, I did it twice. Not becoming one has to do with my upbringing and I also do not think that is a place for me. I want a place where I can work for 18 hours. The civil servants don't work for 18 hours. Olujinmi did not last long because he was working late. I nominated him. He was doing it the way we were doing our work here and the civil servants did not like him.
You never considered the bench?
In those days, you didn't apply for judgeship, you had to be invited. It was a glorious time. I was invited in 1975 and I told Justice Oyemade that "I come from a very poor family, I want to have enough money.'' I had just built about three houses then, so I said I would still want to come because it should be the pride of anybody in law to one day adorn the bench with his experience and judgement. I fact, in England, Senior Advocates are those who go to the bench; they don't just appoint ordinary people to the bench. So, I begged him for a little more time to make enough money so that when you have made your money and go to the bench, you would not take bribe. But when you start as a poor magistrate, you want to see how to make money. I will keep on advocating that SANs should be allowed to go to the bench. In any case, he invited Justice Ayoola, my former boss, and Justice Thompson to plead with me, but I pleaded for time. But a year after, the military removed judges from courts without a hearing. If I had gone, maybe I would have been removed, because I would only decide cases according to the law, even if it affected government. That is the reason I did not go. I don't regret not going.
Which case really challenged you as a lawyer?
Maybe not challenged, but the one which gave me greatest concern was Abiola's case. I went to the Court of Appeal in Abuja. Umeadi was the lawyer for Babangida and others. Abiola had a very good case and we were ready for it that day. When we got to court, Umeadi came in late and said "Afe why all these books, this case won't go on,'' I said it would go on today, he laughed. When the judges came, he said "my Lords, the election has been annulled.'' I almost burst into tears. The judges asked for my response as a lawyer, I quickly said he could not announce to this court that the election had been annulled, there must be a gazette. Umeadi then asked for a short adjournment, ran back, got a gazette and brought it, then the judges said, "we have a gazette now, Afe, what is your submission?'' It would be futile for me to go on with the appeal because, it was a military era and I said, "This is the beginning of a journey, the end of which nobody knows.'' I burst into tears and left the court. We are still on that journey even now. I never cried over the loss of any case. It was only the Abiola case. I cried because it touched Nigeria and its future. It was the most dearest case to me. I still feel bad we were cheated out of justice by the military.
Would you say the judiciary is worse off today?
O yes, certainly yes! When I came to this country, I met white judges, black judges, judges from Ghana, Sierra Leone, West Indies and England. The standard of practice was good. Education was even good in the university. The virus that affected everything in Nigeria has affected education in the university. Before you can sign a paper prepared by a junior lawyer, you go through as if you are marking secondary school papers. Two, in our day, you never saw a lawyer without a car. Today, you see many lawyers on motorbikes, with their gowns folded in Ghana-Must-Go bags. That was not the type of law I met. The Chief Magistrates now live in hired houses and enter buses with accused persons and when alighting, the accused would say "sir, can I pay your fare'' and he says "who are you?'' and he says, "I am having a case before you." Lawyers who have never been to court before are now appointed as judges. Appointments are no longer on competence. You now find a judge presiding over a motion ex-parte which is to be decided without the other party and the judge says the other party has not been served in a motion ex-parte ( general laughter) when the other party must not know. In fact, (sighs)....
What would you have been if not a lawyer?
If uneducated; a farmer. If educated, either an accountant or businessman. But either way, I would still be involved in farming.
What is the secret of your good health?
Discipline. I went through hardship, I decided to succeed and to succeed through hardship, you had to be disciplined. Discipline about the food I eat, about what I drink. I take only water.

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