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Gani Fawehinmi's Grouse Against The Nigerian Appeal Court Verdict On Atiku Should Have Been Much More Restrained And Deferential By Dr. Wunmi Akintide If I ever regret anything in my life, it is my failure to study Law for my first degree and my procrastination to do what a good number of my friends have done by going back to study Law after their retirement from Public Service. For some silly reason I just feel I am too old to be going back to study Law after I have honestly passed my prime. Every year I delay my decision to go back to Law School, I get further and further away from the realization of a legitimate ambition. I regret that everyday. I have no business getting myself into this debate, but I will, because debate however crazy or wacho like this one still remains an asset in a Democracy, left to me alone. I know I would have many arrows throwing at me for writing this piece by those who are better informed on this than my poor self.. I am in the kitchen because I can take the heat. I could easily have been admitted for Law in 1963 but my late father advised against it in total ignorance because he told me most lawyers are cheaters and liars without substantiating his conclusion. He was personally chattered and devastated when one Ijebu-Ode lawyer who practiced Law in Akure for many years suddenly collapsed in Court and died within minutes because he was believed to have been charmed or killed by voodoo or some Juju contraption by one Akure man (whose name I would not mention in this write-up) for standing as a lawyer for a man he had taken too court on some land matters. Young lawyer Adekunbi won the case, but he did not live to enjoy his victory. My father kept on reminding me of him and I changed my mind not to go read Law for my first degree mainly for that reason. Having said that I want to confess that I am often intrigued by Law study and it could possibly have changed my life for better had I disobeyed my father. I have taken so much interest in Law and I have read so many books pertaining to Law and I enjoy debating my friends on points of Law and Politics. I must confess that I have weighed the salient points submitted by the five appellate judges of the Nigerian Appeal Court in their very controversial verdict that Atiku's loyalty as Vice President was first and foremost to the Nigerian Constitution and not to his boss and senior running mate, the President of the Federal Republic of Nigeria and his political party, the PDP. I have also factored in the submission of Gani Fawehinmi that loyalty to the President and Party in this particular circumstance must trump the loyalty to the Nigerian Constitution. I suddenly find myself at a crossroad as to which side to support while the whole nation is waiting for a ruling from the highest Court in the land, the Supreme Court of Nigeria. Gani Fawehinmi as a Senior Advocate of Nigeria has spoken but the 5 judges of the Appeal Court are in no position to publicly offer a rebuttal. We are therefore left in a quandary until we hear from the Supreme Court. I recently watched on C-Span a lecture on the position of Chief Justice, delivered at the Chicago North Western University Law School a few weeks ago. New Chief Justice, John Roberts delivered a brilliant lecture that kept me glued to my seat for the roughly one hour speech. In it Justice Roberts who was himself a one time Editor of Harvard University Law Review like Obama touched on many points of Law that are very germane to the current legal cul-de-sac in Nigeria as we speak. I could be wrong, but at the end of that amazing speech, I came to draw two powerful conclusions. The first was that Gani Fawehinmi as a legal monument himself ought to have been more restrained in commenting on a matter that is "sub judice, and he should not have appeared to rubbish the verdict of the Appeal Court in such an abrasive manner like he has done. As a senior member of the Bench and a legal luminary in our country he should have let the Supreme Court do their job and render a verdict before trying to influence them one way or the other. that is point number one. My point number two is to reluctantly draw the conclusion and argue that the Nigerian Appeal Court's verdict could still be upheld by the Supreme Court when all is said and done, and contrary to the views and sound arguments deposed by Gani Fawehinmi in looking at the same point of Law from a distance. I feel tempted to hold that view for many reasons. I recall that George Washington the pioneer President of this great nation once warned Americans of the destructive effect that party loyalty can have on a nation. By failing to publicly question President Bush's policies from the beginning, Republicans in America have left both the nation and their own party increasingly vulnerable to poor leadership. By the same token, if Atiku Abubakar as Vice President has deferred more to Mr. President and his Party interest than the letter and the spirit of the Nigerian Constitution, he would have done more permanent damage to our country as observed by George Washington. Viewed from that Washingtonian prism, I can see the Supreme Count upholding once again the Appeal's Court verdict thereby putting the position taken by INEC and EFCC and the Nigerian President and even by Gani Fawehinmi in total jeopardy, one more time. What a great and liberating profession in deed! Atiku the embattled underdog and courageous fighter might yet deck Obasanjo, one more time too many, and therefore regain his chance to run for President despite all attempts by Obasanjo to legally stop him. How I wish I am a lawyer? My life would have been more fulfilled and complete. I cannot help but envy my colleagues in the Public Service like one Okegbe, and the one time Governor of Ondo State and a good friend of mine, retired Rear Admiral Okhai Mike Akhigbe and one Reuben Modupe Omo Olorun, another colleague and friend of mine, who retired as Ondo State Secretary to Government before finding his way to Ekpoma Law School in Nigeria. He is today a practicing attorney in New York and I adore him. Dr. Wunmi Akintide
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