Interview

My story as attorney who handles unpopular cases – Yesufu

This edition provides insight into the life of a man who made a mark as a student union leader at the University of Benin, UNIBEN, many years ago and later found himself as a Civil Rights lawyer, real estate expert, and consultant. His membership of the defence counsel of one of Lawrence Anini’s men, Monday Osunbor certainly reveals more about that epic case. Being among the lawyers that defended MKO Abiola’s Concord Press tells you more about AbubakarYesufu, who heads the League of Patriotic Lawyers. He is from the famous Yesufu family that produced the first indigenous Vice Chancellor of UNIBEN, late Professor T. M. Yesufu. His family parades six lawyers including a retired Inspector General of Police. Yesufu is the Ogieneni of Igueben Land. He has a law firm in Ikeja and lives in upscale Victoria Garden City, V.G.C.

YOU made a name as student union leader; today you are carving a niche in civil rights advocacy, real estate, and consultancy. How did you come about these?

AbubakarYesufu

I actually served under the civilian regime of ShehuShagari. Indeed I had the rare honour of serving two civilian governors in the then Bendel State. I am talking about Professor Ambrose Alli and Dr. Samuel Ogbemudia, both are deceased. Whereas military regime was intolerant of student’s union, civilian administration tolerated and indeed drew a lot of lessons from student’s union governments.  I was the youngest member of Shagari’s ethical revolution committee. I greatly inspired and ensured that Shagari was pressurized to withdraw the re – introduction of tuition fees in our tertiary institutions by employing consultation and youthful diplomacy in and outside government.

It is easy for ex-student leaders to become defining voices in Nigeria, were you guided by role models?

High credit must, however, be paid to three persons who guided and moulded my steps. They are Professor AdamuBaiki, who I can describe as the best Vice – Chancellor this country ever had and Professor ItseSagay, who was then the Dean, Faculty of law University of Benin.

I can recall then that the late Oba of Benin, Oba Erediawu of blessed memory, constantly reminded me that he wanted peace and tranquility in his domain and that guided me as a student leader.  I was the youngest member of that executive that delivered peace and tranquility in the volatile election year of 1983. My wife remains my paragon of virtue. So also is Sunny Okpurhe a retired Customs officer who is very adept in revenue matters.

Can you share some landmark professional experiences you had that you think lessons can be drawn from?

Two cases stand out. The trial of Lawrence Anini alongside DSP Johnbull  Iyamu and others left me with so many impressions. The epic June 12 case of Supreme Court Judges v Concord Press was also another one.

Hatchet man of Anini and his gang

My first principal S.O. Orugboe now deceased led me to  and on behalf of Osunbor, the hatchet man of Anini and his gang. This case is part of the memoir I am still working on. It is called the Trial, Conviction, and Execution of Johnbull  Iyamu, a travesty of justice. It will soon be published. I know the book will be very unpopular in Edo and indeed Nigeria. But I am known for pursuing sometimes unpopular causes. If you watched that video clip very well, I was always sitting beside Uzamere Osaheni, the lead counsel for JohnbullIyamu.

With the greatest respect, the premise on which the late jurist, Justice OmonAgege based his conviction of Iyamu was wrong, inappropriate and unsupportable. Without trying to prejudice my memoir, Justice OmonAgege had no good grounds to convict that suspect. Iyamu may have been very unpopular for killing a robbery suspect extra-judicially and hobnobbing with them, but that was not enough ground to unleash a grave and precipitate conviction on him. That was the main reason Justice Amisah freed Iyamu based on similar facts and evidence.

Justice Amisah felt that the evidence adduced by the prosecution witnesses were too tenuous to ground a capital conviction of robbers. Justice OmonAgege merely relied on the testimony of the Bamawo’s brothers, yamu’s estranged in-laws to ground that conviction. Besides, a special decree was enacted to try, convict and execute all the suspects. The decree says trial must commence and be completed within seven days. And the properties of convicted robbers should be forfeited immediately. Thus, Iyamu and others were tried within seven days. That law was enacted and applied only to that case. No other suspect was ever tried by that Decree. That to me was a travesty of Justice in high places. Pure and simple!

You were one of the lawyers the late ChiefGaniFewehinmi led in the case of the Supreme Court Judges v Concorde Press, what lessons did you learn from that experience?

Yes, I was one of the lawyers the famous GaniFawehinmi led in that case. Femi Falana was also there on behalf of Concorde Press. In January 1993, the then Chief Justice of Nigeria, Justice Mohammed Bello, and eight other justices of the Supreme court filed a N450 million libel suit against the Concord Press of Nigeria, seeking damages for an alleged defamatory publication in its weekly newsmagazine, the African Concord.

In the suit filed at the Ikeja High Court, each of the justices sought an award of N50million compensatory damages for the alleged libel. In their statement of claim, Justice Bello and his brother justices contended that the offensive news story was published in a December 1992 edition of the newsmagazine titled: ‘‘Justice Mohammed Bello: Kick him out now! Lawyers demand’’.

Specifically, the Supreme Court justices claimed that the reference to them severally and individually in the African Concord publication that the Babangida administration had bribed them with Mercedes-Benz exotic cars as gifts amounted to libel and had brought them to ridicule. They claimed that it also tended to lower them in the estimation of right-thinking members of the public. Foremost lawyer, Chief F.R.A Williams (SAN) had instituted the action on behalf of Justice Bello and other apex court justices while the activist lawyer, Chief GaniFawehinmi was abroad for medical attention.

Immediately, the fiery lawyer learned that the justices of the apex court had gone to court, he called his chambers on phone from London and asked his juniors to enter an appearance for CPN in the matter. Prior to that period, Fawehinmi, who was not on terms with the CPN Publisher, Chief M.K.O Abiola suddenly, became CPN’s lawyer and he defended the company during the hearing of the suit. Williams equally led Otunba T.O.S Benson (SAN), Babashola Rhodes (SAN) and a number of other lawyers on behalf of the justices.

Each time the court sat, Abiola, often resplendent in flowing Agbada, with a cap to match, personally appeared in court with his aides alongside some top management staff of the company.

Indeed, the case was laden with several twists and wits. When the hearing of the case commenced, of note was an application brought by Fawehinmi, which asked the presiding judge, Justice OmotundeIlori to disqualify himself from handling the suit on the ground that Justice Ilori and Chief Williams are in-laws. Ilori’s daughter, Olusola (now a judge) is married to the senior advocate’s youngest son, Tokunbo.

Abdication of  sacred duty as a judicial officer

Fawehinmi, who led a number of lawyers including Mr. Femi Falana and myself, had argued that Justice Ilori should hands-off from the matter on the ground of real likelihood of bias as he might give justice in the case in favour of his in-law.

But Justice Ilori in his ruling declined to disqualify himself from hearing the case. He declared courageously that as a judge, he had sworn on oath to do justice to all manner of people without fear or favour, ill-will or affection, adding that to succumb to Fawehinmi’s request would amount to an abdication of his sacred duty as a judicial officer. He held that the activist lawyer‘s submissions were without precedent. Abiola later compromised and asked Gani to withdraw the matter and sought a political solution which was the beginning of the end of June 12.

On Senate vs Presidency

Truly, there is no limit to the number of times the name of Ibrahim Magu can be submitted to the Senate for confirmation so long as the President believes in Magu as a veritable and reliable partner in the anti – corruption war. I don’t expect an easy confirmation, Senate call for Magus replacement if adhered to, has some negative implications for the polity. It will portray the President and the entire Presidency as weak, inconsistent and not in control of the levers of power.  The so call replacement they are suggesting would be so pliable and terrified of the National Assembly. I do not trust the plank on which the DSS premised its report. We need to see the mansions Magu acquired and the exotic cars he has hidden. Not the rented apartment. Magu we know lives an austere life.

The Lagos team, with very dedicated men like GarubaDugun (Operation Head), Katugun and others are dedicated, civil and honest officers that can compete with F.B.I, Metropolitan Police, F.S.B of Russia or any elite security outfit in the world.