Reminiscences With Samuel Efurosibina Mosugu
G.O.K Ajayi was not in the country. When he returned, he filed for an extension of time. If you fail to file within time, you can apply to the court for what they call extension of time. Ajayi asked for an extension of time to file his brief of arguments, but something happened.
The Chief Judge of the Federation or the chief judges of the Federal High Court have the power to make rules, which are not laws made by the National Assembly of state houses of assembly. These are rules by the Supreme Court. So they made a rule, saying they would not allow an extension of time to file a brief of argument. Remember, G.O.K Ajayi travelled abroad and the brief had not been filed. Before he returned, the chief judge made a rule, saying he could no longer get an extension of time.
When we got to the Supreme Court and they called the case, he got up and said, “I am G.O.K Ajayi, the lawyer for Balarabe Musa. The chief judge asked: “Are you aware of the rules the Supreme Court has made?’’ He said, “Yes, I am familiar, sir.’’ They asked him, “In view of those rules, can you be heard on this application for the extension of time of your brief of arguments?’’ When they asked that question, he wrote a note and gave to me. The note read, “The rule was made for us.’’ I wanted to keep the note, but he refused because he didn’t want anybody else to see it. They didn’t allow Balarabe Musa to file his brief of arguments out of time. That was something they did regularly. But shortly after our case, they went back to the old practice, where they now allowed extension of time. So the case died.
Would you say that boycotting the panel was a good decision?
If I were doing the case I would still do the same because in politics, once they have made up their minds, no matter how perfect your case is, they will devise a means to bring you down. Remember, he was fighting an overwhelming power. So for me, it was good we did what we did - posterity will hold us justifiable and say there were six people against the constitutional provision of seven.
You can’t appear before an illegal body.
Looking at the role the Judiciary played in the democratic process of this country, how would you say it has fared?
Well, I am a Senior Advocate of Nigeria, so it’s not easy for us to open up talk about the Judiciary. But truly, I think there’s much to be desired. If we are doing very well, there won’t be need to set up a commission to try to monitor corruption in the Judiciary. So we are yet to get there.
Recently, there was controversy over the raid of judges’ houses; would you say the government did the right thing?
As a citizen of Nigeria, not necessarily as a SAN, the law is for everybody. People who organised the visitation, which they called raid, must have something in their sleeves.
How did you receive the intervention in the political process by the military in 1983?
At that time, corruption was common. Muhammadu Buhari was the head of state, and because corruption was rampant, he immediately set up the ‘Recovery of Public Property Tribunal.’ We were trying to sanitise the system. The tribunal was sitting in Kaduna. The Nigerian Bar Association (NBA) decided to boycott the tribunal.
Many of the governors came to me. Even though my association said we shouldn’t appear, I felt they needed help, so I was appearing in Kaduna. In the proceedings, the Nigerian public felt they were not given fair chance as they were getting various jail terms. The late Chief Gani Fawehinmi was appearing in the Lagos tribunal. Our professional association wrote to me, asking what I was doing in the tribunal. They also wrote to Gani, but of course, we were doing our professional jobs, and we continued. Whether that administration succeeded in sanitising the system is a different question; but they tried.
At the end of the trial, some people were given jail sentences of up 80 years; did that not vindicate NBA’s call for boycott?
Judgement is in accordance with what the law stipulates.
Why did you defy the NBA?
It was not really defiance. To me, the reasons they wanted lawyers not to appear were not convincing. For example, they said judges were not members of the tribunal. And I said the judges were to complain, not us.
It took several years for Fawehinmi to become a SAN, do you think the position you took at that time affected your chances?
We were two different poles. Gani was, as you know, the Senior Advocate of the Masses, as they called him. He was a people’s lawyer. He would take up any fight against any administration, anywhere, anytime. So, authorities at any level will not be comfortable with somebody in that mould. In my own case, my background was lecturing. I was in Zaria. Some lawyers commence their profession with the goal of becoming senior advocates. And they work towards it from day one because there are criteria. I left teaching in Zaria to come here and be on my own. I didn’t see being a senior advocate as a dream, so I didn’t bother to apply. But when I applied, I got it. That is my story.
Would you say the politics that goes with the SAN titles has changed over the years?
Well, as you know, in Nigeria everything is politicised or fragmented. You cannot have all the SANs coming from a particular state in I know some people who became senior advocates without really having the number of requisites the rules say you should have. But they looked at them and gave them. They gave somebody like the late Onagoruwa a year or two before he retired. But the late Bola Ige didn’t get. So there should be a way where some lawyers who really distinguished themselves can be pulled out and given the title any particular year, even if they qualify. You have to spread it. And I will say it has been fair enough.
Are there changes you would like to see in the process?
That’s a hard one. I know some elderly lawyers who have been practising for over 60 years, who have stopped applying to be considered because they have been frustrated. I think there should be a way that people can distinguish themselves, not necessarily by court appearances.
I know some people who became senior advocates without really having the number of requisites the rules say you should have. But they looked at them and gave them. They gave somebody like the late Onagoruwa a year or two before he retired. But the late Bola Ige didn’t get. So there should be a way where some lawyers who really distinguished themselves can be pulled out and given the title.
How did you come to live in Kaduna?
I came to Kaduna 55 years ago - December 1962 - after my HSC in Okene. In those days, after your education you would go to the state or regional headquarters. In the North you would come to Kaduna, in the West you would go to Ibadan, and in the East you would go to Enugu. At that time, the Ahmadu Bello University (ABU) was just coming up. Those days, if you had a poor background like me and could not afford the university, you would come near the regional headquarters where activities were going on, hoping to appear before the scholarship board, and things would follow thereafter. That was how I came to Kaduna.
What was the experience at the formative stage of the ABU?
Well, my set was the second one. The first class of ABU was the Class of 62. They went in September/October 1962. Our set went in September/October 1963. Those days, the late Sardauna, the premier, a man of great vision and ideas, set up the university and made sure he had qualified members of staff. In the Faculty of Agriculture there was a man called Professor Daring, a man with a big name. In the Faculty of Law, where I belonged, there was a man called Professor Maina, who ended up in Oxford as a lecturer. There was also Mr Richardson in the Department of Administration. In those days, the lecturers were well grounded. Nigeria was not yet a republic; we became a republic in 1963, so all my lecturers were expatriates until I finished 1966.
What about the facilities?
First of all, the population was smaller. Those who were reading Law had their campus at Tudun Wada, Kongo. Every student had a room. We had no problem of light or water. We had everything on a platter of gold.
Did you meet your wife here in Kaduna?
No. We are from the same village. Her father was in the northern regional service as a civil servant. As a civil servant, they moved about - they were in Kaduna, Zaria and Ilorin. I had known her as a child. As a matter of fact, we are third cousins. The village is small, so everybody is inter-related. I was out of the country, and while coming back, I had grown and mature, so I thought it was time for me to take a wife. The girl I knew came to my mind and I decided to renew the relationship.
In those days, parents chose wives for their sons, but in your case you were the one who made the choice …
Let’s leave that one.
What’s the name of your village?
I am from Ogori in Kogi State. It used to be in Ebira Division, but later, the division was split into Okene and Okehi. When they split it, Ogori remained in Okene, but when Abacha came, he gave us a local government known as Ogori-Magongo, a combination of Ogori and Magongo. So Ogori is a town, with its language and tribe. We are not Ebiraspeaking. We have boundary with Edo State.
You were part of the legal team for