The Extraordinary Rendition Of Mazi Nnamdi Kanu As The Feast Of The Judiciary And Executive Rascality
■ Author : Ezekwereogu Odinaka
■ Twitter:@umuchiukwu
■ 11th November 2022
Chief Mike Ozekome SAN, is no doubt a Legal Iroko, but then, there is a man called Chief Wole Olanipekun, SAN, OFR who is a Nigerian Lawyer and former President of the Nigerian Bar Association and Senior Advocate of Nigeria also known or referred to as the "LEGAL SPIRIT" In the practice of law.
There is a reason I am bringing this comparison to awaken our subconscious minds to the reality that "THERE IS NO TRUTH IN LAW, THE TRUTH IS ACCORDING TO THE LAW". This assertion plays a huge role in technicalities pending our Leader's case before the Nigerian Court.
I have followed keenly to observe the routine executive rascality that has indirectly linked the chambers of the Judiciary in this dance of macabre
Let me quote Barr Malcolm on chief Wole Olanipekun SAN
"I have equally and keenly followed the case of one alleged professional misconduct against one Mrs Adekunbi Ogunde Esq, a partner at the law firm of Wole Olanipekun & Co, in which Wole Olanipekun SAN, OFR, and chairman, the body of benchers (BOB) is a partner, pending before the legal practitioner's disciplinary committee (LPDC).
Chief Wole Olanipekun SAN, once had a case that questioned his integrity on alleged professional misconduct from one of his partners in his law firm, as at the time he was the chairman of NBA, Issues have been raised, and the issue at stake is very simple and it is whether Wole Olanipekun SAN, as chairman of BOB whose partner in his law firm is facing an allegation of professional misconduct before the LPDC should step aside as chairman of BOB for an interim leader to take over the helm of the affair of the BOB so that the LPDC can carry out a fair and unbiased trial of the case?
The answer to the above question without any iota of doubt and fear of contradiction is affirmative.
The reasons for arriving at this conclusion are as follows:
The petition in question is against a partner in chief Olanipekun's law firm who allegedly acted as his agent and other partners in the firm solicited for the brief that led to the alleged act of professional misconduct and therefore binds them.
Chief Olanipekun is the principal and founding partner of his firm and is very much involved in its day-to-day running and consequently has an interest in the outcome of the decision of the LPDC.
The petitioner asked the LPDC to "consider whether the partners of the firm of Wole Olanipekun & Co. are not liable to be disciplined by the LPDC which makes Chief Olanipekun an interested party"
Chief Olanipekun is currently the Chairman of the Body of Benchers, which is the highest ruling body in the Nigerian legal profession, made up of Supreme Court judges, Presiding Justices of the Court of Appeal and Chief Judges of all state High Courts
The LPDC is a committee of the Body of Benchers that have the responsibility of determining and considering charges brought against legal practitioners in Nigeria who have misbehaved in their capacity as legal practitioners.
The LPDC is a standing committee of the BOB whose processes come under the supervision of the Chairman of the BOB an office that Chief Olanipekun is currently occupying.
Because of the learned silk’s involvement in the matter and his influence and position in the BOB, there is the likelihood of a conflict of interest and consequently, the right thing for him to do to prove his innocence and scrupulousness is for him to step aside for the trial of the case to be settled without the LPDC coming under undue suspicion of impartiality.
Ordinarily for the Nigerian Bar Association (NBA) to assert that Mrs Adekunbi Ogunde Esq, Chief Olanipekun’s partner is guilty of professional misconduct and went further to suggest to the LPDC why the learned silk and other partners of his firm should not be sanctioned, the onus and burden of proof fall on the NBA. However, since Chief Olanipekun has come out to raise the defence that his said partner did not have his permission or consent to carry out the act that she is being accused of throws back the onus and burden of proof at him and the other partners of his firm to establish their innocence and this is the more reason why Chief Olanipekun must step aside as Chairman BOB.
Chief Olanipekun continued sitting tight as Chairman of BOB is a collective insult to the intelligence and sensibility of all members of the legal profession in Nigeria either at the bar or bench and must not be condoned because it is going to set a bad precedence, Chief Olanipekun is not bigger than the legal profession and must not be indulged.
It is an embarrassment to the entire legal profession for the BOB to keep mum and allow Chief Olanipekun to continue to remain in office as her chairman, clothing and enabling him with impunity and immunity.
More damning and disgusting is the fact that the BOB stood by and watched Chief Olanipekun preside over the call to the bar of 1,507 (One thousand, five hundred and seven ) new wigs, polluting the minds of the greenhorns with sentiments.
Just hear him out:
“Appreciate those amongst you who are doing well rather than trying to pull them down. In other words, do not get enrolled in either a PHD course or School. And by PHD, I mean, Pull him/her down.”,
“And when you attain high offices, extend courtesies and respect to your seniors and predecessors in office. Do not run them down or speak ill of them”
“I pray that in due season when God elevates every one of you and you become the cynosure of eyes, may no power principalities or blackmailer be able to bring you down.”
I advise Chief Olanipekun to stop being unnecessarily sentimental and dramatic for his good and the good of the legal profession as a whole. He must do well to step aside because no amount of explanation can justify his actions.
For the BOB to gain the trust of the generality of members of the legal profession, it must itself at this point ask Olanipekun to excuse himself for the LPDC to carry out her lawful duty. End of Quote.
This same Legal spirit as widely acclaimed was very much instrumental to the judgement that made APC win PDP in court at the Supreme, I am talking about the Buhari vs Atiku judgment at the Supreme. How he was able to overturn a case that was proven to be in favour of The PDP was through the STAY OF EXECUTION HE TENDERED ORALLY CITING that time was no longer in the part of the law to apply as the status quo beckons, the judges wholeheartedly agreed, that very case was between Chief Mike Ozekhome SAN, the Legal Iroko vs Chief Wole Olanipekun SAN, the Legal spirit.
This is becoming a case, not before the Court but a case of what the agenda wants as it is playing out before our very eyes on Mazi Nnamdi Kanu’s Court of Appeal Judgement which was equally set aside by an orally tendered appeal for "Stay Of Execution"
Chief Olanipekun is currently the brain behind every approach applications the federal government has undertaken towards the Mazi Nnamdi Kanu case no matter how stupid the applications may sound, it has played a huge role, beginning from the endless process of amendments.
Let me digress.
From the foregoing, history is solidly in favour of any incumbent president as it concerns electoral disputes or other cases before her and rulings of the Supreme Court of Nigeria, the judgment, therefore, did not come as a surprise to many, besides the fact that some had expressed concern over the selection of justices for the apex court before the hearing of the appeal, there is nothing at the moment to signify that the court would have the gut to unseat a sitting president or disallow the stay of execution tendered by the Federal Government, even in previous elections with less credulity and wanton violence, the irregularities were held as insufficient to invalidate the outcome of the process, Mazi Nnamdi Kanu's clear case of having been extraordinarily renditioned isn't a different information or new information to the approach as witnessed.
The law is a social modulator, and maybe that is what we have here.
The judges are human beings and members of society, sometimes, the judges gauge the mood of society and try to provide the necessary balance, especially in the face of potential threats, when the apex court goes that route though, it is travelling on the path of politics and social science rather than law, It is not impossible that the Supreme Court of Nigeria in the Atiku case took a firm decision to protect the country from any outbreak of violence or hostilities, Buba Galadima, a Buhari ally turned adversary, has said that Buhari’s declaration as the winner did not result in any jubilation on the streets. He did not raise the flip question; would the declaration of Atiku as a winner or anything close to that have resulted in the jubilation he seeks? Maybe not either, Galadima is biased but the plain truth is that the Nigerian voter is so alienated, cynical and so disconnected, he or she is right now largely indifferent and that is part of the problem with Nigerian democracy.
The Nigerian electorate must rediscover its voice, Still, the judex must not descend into the arena of politics, the law must be applied in its purest form, and the ruling of the Supreme Court when it eventually becomes available should address all the jurisprudential issues that have been raised on all sides for our collective education,
the case is now closed.
Just like this previous part asked, will the freedom of Mazi Nnamdi Kanu spell an end to Nigeria's existence? It is an answer you and I know, and it will play a huge role in whatever judgment the judiciary at the Supreme level will put on the table.
The Supreme Court is the apex court, there is no further appeal beyond it, especially in election matters, which are by the way sui generis
I think it drips with too much bitterness, innuendoes and cynicism.
Atiku equally quoted that: “The nail has been put on the coffin and the gains we collectively made since 1999 are evaporating, and a requiem is at hand, In a democracy, you need a strong judiciary, a free press, and an impartial electoral umpire, Nigeria has none of those three elements as of today”
But even more, telling the opening paragraph of his statement and here it is:
“It is said that the Supreme Court is not final because it is infallible, but that it is infallible because it is final.”
Nigeria's Democracy is guilty of an ideology that they have not upheld since the era of Democracy in Nigeria, someone does the bidding, In anyways I give special kudos to the Legal team for a job well done this far.
There is no struggle without grace.
Edited By Aguocha Chinwendum
Published by Nwaiwu Chiukwuebuka
For Umuchiukwu Writers .
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