LAW There can’t be rich lawyers in poor country
Chief Henry Akunebu, a literary award winner of the Association of Nigerian Authors (ANA), Abuja branch, was called to the Nigerian Bar in 1991. In this interview he speaks on the economic recession in the country, his most rewarding cases among other issues. Excerpts:
What has been your contribution to the legal profession?
I have my challenges that I may call some challenging cases, but by the grace of God we have our own contributions and we do our best; some of the cases which are great strides are also in the Supreme Court.
Are you satisfied with the disciplinary mechanism in the NBA?
The NBA LPDC has always been there and they have been doing well. We must also appreciate the enormity of the task but I am satisfied.
Looking back at the last legal year, how do you assess the performance of the judiciary?
The judiciary has done very well. You also have to appreciate the poor circumstances and facilities especially in rural areas where there is lack of amenities. This constitutes drawbacks but then the judiciary has done very well.
How do you see the tenure of Justice Mahmud Mohammed, the outgoing Chief Justice of Nigeria CJN?
It was short and very glorious, marked with a lot of success stories and strides. He has done very well.
When you say success story and strides could you please give us examples?
Cases at the Supreme Court are now being disposed of fast; the speedy administration of justice is a success story.
We recently celebrated the international day against death penalty, what is your take on the abolition of the death sentence?
I support that the death sentence should still be part of our laws because it acts as a deterrence. If somebody has to kill, even in the Bible, death sentence is a punishment for murder. Don’t forget when Cain killed Abel and the curse that followed. It is proportionate to the crime.
If you were not a lawyer, what would you have been?
I would have been a historian. I like history but unfortunately it is a neglected course. These days people do not know much about history but in our days, history was attractive. History is a profession.
Which is your most rewarding case in the sense of intellectual edification?
There are quite a lot but the one that readily comes to my mind is the Okija shrine case. I defended the 40 suspects in the Okija shrine case. It was a celebrated case that caught public consciousness. In that case the 40 accused persons were arraigned before a chief magistrate’s court on holding charge and I argued that they should rather strike out the charge and consequentially discharge the accused because if you lack jurisdiction to entertain the substantive case which was murder although their plea had not been taken, then the trial is a nullity.
The argument was as persuasive as it was forceful and the court in its ruling considered it, particularly having regard to the force of the argument and admitted them to bail and they were released. The charge was a capital offence but I argued in the alternative since the 40 accused persons had been in incarceration for more than one year at that time and they were discharged because the court had the power.
Can we have rich lawyers in a poor country?
No, there is a direct relationship between the success of lawyers materially speaking and the economy.
What is your advice to young lawyers?
Young lawyers should be more focused on acquiring the skill and to de-emphasise materialism. They need to be studious, they need patience and they can be guaranteed success in later years.
Do you have an appeal or advice on any issue that was not asked during the course of this interview?
My advice to the government of the day is to ameliorate the suffering of the masses because the recession has taken a toll not only on the masses but also on the elite. We as elite are under great pressure now.
The number of beggars has increased, the number of people to be assisted has also increased. The pressure is on the elite in view of our cultural system of being your brother’s keeper. The government should act timeously and think out of the box.