QUESTION
1: BACKGROUND, EDUCATION, CAREER, CALL TO BAR, WORK EXPERIENCE
Answer: My background was in Lagos, I was born and I
grew up in Lagos. My parents are from the prominent Doherty and Gomez family. I
attended several schools. CMS Grammar School, then I went to Grammar School at
Abeokuta then from Grammar School Lagos, I went to Kings College Lagos in 1944,
that is where I got the European spirit and fighting spirit from. I remembered
that a prominent lawyer named Alex Taylor inspired me back then in Kings
College to become a lawyer, when went to defend our seniors then in Kings
College in court when they were charged for going on strike and he represented
them free of charge.
I was the leader of the
1948 strike in KC too, which turned round the fortunes and prestige of the
school, we had to go on strike because, things were bad, sleeping conditions,
food, water, students were living in deplorable conditions so we went on strike
to improve the college and standard of living although we had just few months
to leave the school but if we don’t do it, no one would.
I was called in
England, there was no law school in Nigeria when I came back in those days, as
a junior, you attach yourself to a firm and I was lucky to attach myself to the
firm of M.A.ODESANYA & CO, Mr. Odesanya was lead counsel in the Awolowo
treasonable felony trial and I learnt a lot of things. There were three of us
at the firm, Simon Olakunle, SAN, Fola Shasegbon and my humble self.
The trial showed me how
important it is for lawyers to co-operate and make adequate preparation for
their case. Although to my mind that particular trial was more political than
Legal hence Chief Awolowo should not have gone to prison. After my tutelage, I
did a few notable cases on my own but when I was still with Mr. Odesanya, I did
one of my most fascinating case it was in the Cameroons in those days Southern
Cameroons was still part of Nigeria. There was a Minister in the government of
Cameroon (Minister Zonah) he was charged in the Magistrate court, there in
Cameroon for an offence allegedly committed in his Ministry and because it was
a political trial, the Magistrate was instructed (so we learnt) to convict him
at all cost. So in other to challenge that judgment, they had to come to Lagos
to look for lawyers, I was fortunate to be available, as all the top lawyers
they were looking for where not available. So when I got to Cameroon, I was
able to upturn the conviction. I remembered we made so much noise about coming
from Odesanya & Co chambers, the same one that handled the Awolowo trial
and they had to change the prosecutor from the DPP to the Attorney General, but
I guess I did brilliantly well with some help from my friends Shasegan and
Olakunle, they didn’t go with me, but they were helpful and so the conviction
was overturned.
Another interesting
matter I handled was that, against the military government of Lagos State.
Madam Shapara v. Lagos State Government where the fearless and incorruptible
JIC Taylor granted an injunction restraining the government from exhuming the
dead bodies from the Ajele Cementry Lagos now campus stadium. I was the first
ever lawyer to do that (take Military to court).
Question 2: What is the
motivation for the Movement For the Abolition of Senior Advocate of Nigeria title?
Question 3: How far
with that struggle because some people believe it has petered out?
Answer: We can never
compromise, it’s the truth, and I can never compromise the truth. The rank of
S.A.N whether we like it or not will eventually be abolished because it is not
only oppressive, it is against natural justice, it discriminates among lawyers,
it creates a dichotomy in the profession. If discriminates against poor clients
who can not afford the services of SAN’s to represent them, it impoverishies
junior lawyers who can not get good cases, because they are not SAN’s. it gives
the impression that if you are not a SAN as a lawyer, then you are a charge and
bail lawyer. How then can we correct this impression, the only way is to
abolish the rank of SAN is a creation of a monster, if you don’t kill the
monster, it will kill the profession.
Question 4: Please tell
us about the Practising Fee case we understand there is an appeal against the
Injunction you secured?
Answer: Not to my knowledge. They said they would
appeal but am yet to receive any process in that regard, but let the appeal, we
will be waiting for them. You see that Judgement has saved the bar from the
hands of the leadership that does not care about the welfare of it members you
can go round and ask any junior lawyer how they feel about the injunction.
Furthermore, the leadership of the bar has gotten the message that they can not
just impose anything on its members, hence they ca not just increase the fee
any time they like, they have to consult first.
Question 5: At 86,
what’s keeps you going this strong?
Answer: First let me
see the Nigeria method, Nigerians will always tell you it is God. So I say it
has been God all the way, secondly Yoga exercises, I will show you some of the
exercises and I keep my self fit by eating healthy and I don’t indulge in exertive
eating, some people eat and live healthy and treat people well, for me it
better you give than be given. Its better to serve than to be served
Question 6: What is
your advice for members of the legal profession-judges and lawyers,
particularly young lawyers.
Answer: Young lawyers
have an obligation to maintain the rule of law, and in performing that
obligation, they should not be agreed, they should respect the judges, but not
frightened by them above all they must prepare there cases well including their
authorities and maintain the reputation of the profession as the rock of the
legal profession to defend the bar without any fear or favour.
I must add however,
that we have to create an avenue for junior lawyers to earn money and get good
jobs, the Bar.
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