'US Judiciary Has Corruption Issues Too' By Placid Aguwa

Placid Aguwa was already a lawyer of three years standing at the Nigerian Bar when he visited the United States in 1994 intending to stay for just one month. But it was during the Abacha era, banks and mortgage institutions were crashing and the situation at home looked bleak. He extended his stay by a few months and then, decided to get a Green Card. He took the New York Bar exam in 1995 and was called to the New York Bar the following year. Aguwa who graduated with a Second Class Upper Degree from the University of Ife in 1990, now practices law in New York, specializing in medical malpractice, personal injuries, negligence and commercial litigation. Elected November, 2005 as the 6th President of the Nigerian Lawyers Association in the United States, he earlier this month, hosted the Association’s Annual Merit Award Dinner in New York, during which UN Under-Secretary General for Political Affairs Professor Ibrahim Agboola Gambari was honoured. FUNKE ABOYADE who was at the event spoke with him at his downtown New York law offices the day before.

What are the objectives of the Nigerian Lawyers Association?

The objectives are, first of all, to cater for the needs of our members, mostly Nigerian lawyers. 15 years ago there was just a handful in the New York area. Some of us came in later and figured we could get together, for us to unite and help one another; that was the regional goal.

When we decided to incorporate the Association in 1999, the goal was now to cultivate the science of jurisprudence – reaching out to the poor in the community who couldn’t afford lawyers, through legal clinics and seminars open to the public. We target minorities and help them out.

So, one, we help one another as lawyers and two, reach out to poor members of the community who can’t afford lawyers.

How far have you gone in realizing those goals since 1999?

A lot; in 1999 we had 10 members, but now, we have 107 members in good standing. Overall, we’ve reached over 200 Nigerian lawyers, i.e, those members who haven’t renewed their membership. New York is the Head Quarters, but we have lawyers from all over the country.

This year, we’ve had one seminar open to the public. It was on Immigration Law and it was held in conjunction with Fordham Law School.

We’ve had two legal clinics in the Bronx. This is a forum where we invite the public to sit down and chat with us. We have lawyers, and they throw questions at them on issues such as unemployment, immigration, etcetera. We have two more scheduled this year.
In April, we had Conversation with Hauwa Ibrahim. This was a panel discussion with her on issues such as human rights, women’s rights, etcetera, and it was well attended, with over 150 people. We are committing some money to help with her legal defence fund. She’s defending some of the Moslem women accused of adultery and other crimes, and it’s all pro bono. As she doesn’t charge them, we figured we’d help her.

From time to time we donate to charity; for example, ASHOKA, an AIDS Foundation based in Nigeria.

We’ve been able to stamp our hand print on the legal arena, here in New York especially. We are a member of the Joint Bar, a community of Bar Associations of colour and minorities. We hold joint events.

We are also a signatory to the Bar Associations Statement of Diversity; Tinu Awe was president then. The statement is essentially about a consciousness of the big law firms especially, to open up. There is this Harvard, Yale, Stanford network before you make partner, so the Bar Associations are aggressive that law firms and corporate America open up to women and minorities in partnership tracks and hiring.

We have members coming in from Nigeria, with no contacts. They get in touch with us and we are able to get them jobs. 20 at least, have worked in my law firm at one time or the other. I never got that support when I came here; your resume ends up in the trash so fast! But with the Association, by the time you call up 50 lawyers you get some help somewhere.

Your tenure ends in November?

I’ve not decided if I will seek re-election. I may, if I may continue to be helpful to the Association, and if they need me. I prefer being in the background. A couple of programmes I’m working on and I hope to get them through. In October, I’ll decide whether to seek re-election.

What does the future hold for the NLA?

There will never be another NLA; we’re here to stay. I’d like us to get more involved with public advocacy, one of the goals for which we are incorporated. Some of us are timid to the extent that we don’t like to take up controversial issues. For instance, CNN’s recent programme, How to Rob a Bank. It’s shameful that my Association did not take that matter up; not necessarily filing a class action law suit, but at the very least, writing CNN. Some of the other Associations like NIDO (Nigerians In Diaspora Organisation) got involved and invited us, but we didn’t.

NLA has to get the approval of the board to come out and make certain statements. We got into it too late. I approached the board; if I’d done more negotiations with the board we’d probably have gotten them to do it.

Some of the other Associations preferred to do it on their own. We were ready to come up with a statement and wanted to do it alone, but by the time we were ready they had gone too far. Luckily, and most importantly, they got some form of apology from CNN. They promised to edit the programme.

Won’t you say it’s some kind of failure on NLA’s part?

I would admit that; I think we should have been at the forefront. As president, I take responsibility for that. In the past, for example, when former Attorney-General Chief Bola Ige was killed, we did come up with a public statement.

One of your mission statements says the NLA will facilitate and improve the administration of justice in Nigeria. How do you intend to do this?

The same line as public advocacy; for instance, I have a proposal to have a few of our members visit the Attorney-General’s office in Nigeria periodically. We started that some years ago with the Lagos State Attorney-General’s office, largely by telephone, then when he was in New York we visited him, to discuss issues in Lagos State.
Before Bola Ige died, we met with him on, for example, the issue of Islamic Law – it’s effect on women and Christians living in the Sharia areas. After our meeting with Ige, he did issue a statement on Amina Lawal, that she would never be killed as long as he was alive.

We want to engage the authorities. I’ve seen EFCC arresting people, detaining them without warrants. I heard, or know, about people eligible for bail but can’t make bail for just economic crimes. In a civilized world there must be guidelines for making bail. We do have them, but judges have to be fair and show a human face. Why should someone accused of an economic crime be in jail for years, unable to make bail? It shouldn’t be denied as a form of punishment.

Enforcement of judgements, which has been a major issue in Nigeria, with the Executive arm of government refusing to comply sometimes. When the Nigerian Bar Association came out with a statement on executive disobedience of court orders, we drafted ours, but by the time we were ready to come out with ours, it had been overcome by other events.

There have been several law suits brought in the United States of recent, in which the plaintiffs are essentially saying that the Nigerian legal system is not up to scratch and that they cannot get justice or find succour in Nigeria. Is that NLA active in trying to stem this tide?

If you read our recent Quarterly, there’s an article on that. I’m not very familiar with the Alien Torts Act and haven’t been involved with any litigation on it, but have read up on cases on it.

It is a fact that our legal system is not at par with the western world, but I take exception with people who take the argument too far, that we cannot respect our judicial system. If you look at judicial misconduct, bribery, those problems are here in the United States also. The judicial system here is not as clean as we have been misled to believe. The system here is corrupt also. In the last two years, at least six judges in New York State alone have been convicted of bribery. In Brooklyn, last year, two judges were convicted. Some of them are still awaiting trial.

But I will agree that it’s much more elaborate in Nigeria, so I think we have to be able to deal with that problem, without necessarily embarrassing the entire judicial system.

Of course, I support Emeka’s (Ugwuonye, General Abubakar’s lawyer) argument for General (Abdusalam) Abubakar. I would expect a matter like that should be tried in Nigeria. We have to pay a price for our development. Paying the price is going through that so-called corrupt judicial system, and attempting to make it work. If we just run away from it, it’s not going to work.

If the judges are paid well then they won’t be so attracted to bribes.

You are making the argument of corruption in front of a judge who may even be corrupt himself here! Sure it happens in Nigeria, but it’s not enough to embarrass the country.

Dr. Ngozi Okonjo-Iweala, a former honouree of the NLA, resigned from the cabinet yesterday (August 3). What’s your take on that, considering she seems to have been humiliated out of office?

I have mixed feelings, but I disagree she was humiliated. First, she wasn’t fired as Minister. Secondly, in a civilized society she will be respected. Nigeria is a civilized society, don’t get me wrong.

People will remember her for setting a good precedent, not only that she resigned, but her good work as the economic team chair. But my mixed feeling is, I am so happy she resigned! Thank God she resigned! How do you get a plumber to your house to cook for you? From the Ministry of Finance to Foreign Affairs! I just don’t know how she was transferred to Foreign Affairs; it’s a dignified, more prominent Ministry, I know that, but I’m happy she had to do what she had to do. She can show other Ministers the way to go. It’s high time that people in public offices learn that when they outlive their usefulness they can resign.

I think she did the right thing. My mixed feelings have to do with the fact that we are losing someone who could have done a lot for our country.

What informed NLA’s choice of Professor Ibrahim Gambari as this year’s honouree?

One, his association with NLA; he has been a friend of NLA from the beginning. When we were starting the Association, if we needed him t make phone calls for us, get his friends to attend our events, he obliged. For many of us, he became a personal friend. He is approachable.

It was also more of merit. We considered his status. He’s the UN Under-Secretary for Political Affairs. He did a lot of work in Angola when he was there, and recently, in Malta.

More importantly, everybody has a chance to become an honouree if he gets the vote. The Association set up a committee which recommended seven nominees. The list was forwarded to the Board which voted, and Professor Gambari got the most votes based on criteria such as standing in the community, involvement with Nigeria, personal qualities and public service.

What’s your take on Professor Gambari running for presidency, as has lately been speculated by the Nigerian media?

I don’t know if he’s running or not; he hasn’t told me. I spoke with him four weeks ago and he didn’t mention it. A couple of people phoned me, but I told them I have no comments. If he decides to run, I think he’d make a very good president. He’s a very humble man, very intelligent, and more importantly, a very good administrator, with good management skills. People who’ve worked with him, all they have is praise. Also, his exposure in the international community would give him leverage to work with other leaders around the world.

For a change, it would be nice to have a well-educated college graduate as president, with all due respect to some of our leaders who went to the military academy.

I would support his candidacy and will do whatever I can to see him succeed, if he’s running and there’s no better candidate. All I want is the best for Nigeria. I don’t care who the person is, man or woman, Igbo or Yoruba; it doesn’t matter to me.

CULLED FROM THISDAY, TUESDAY, AUGUST 22, 2006.

Related Link: http://www.editorspark.blogspot.com/