Monday, May 12, 2008

PROFILES IN EXCELLENCE: THE DEPARTURE OF LEGAL ICONS By Ademola Adewale Esq.


THE PROFESOR’S PODIUM
In the space of less than a week the Nigerian legal world, indeed the Nigerian nation lost two legal luminaries Chief Abraham Adesanya and Professor Jadesola Akande, both legal icons in their own right. First was Chief Abraham Adesanya at the ripe age of 85 years. Pa Adesanya excelled both in the practice of the law and in politics. Any one who has
ever read any of Chief Awolowo's Classic auto - biographies particularly "My March through Prison" is left in no doubt about Chief Awolowo's fondness for the younger Abraham who had the privilege of ferreting out from the late Sage's impressive Library relevant law texts with which the great man prepared his defence for the various legal/political travails; from the Coker Commission of Enquiry, the Treasonable -Felony trial and the appeals there from to the then Federal Supreme Court all from the confines of the then Broad Street Prison.

Pa. Adesanya, as a great disciple of Chief Awolowo was also a member of Chief Awolowo's Legal team in the Awolowo Vs Shagari 122/3 Case, which was initially led by the late sage himself, before he strategically handed over the' conduct of the case to yet another luminary Chief G.O.K. Ajayi SAN.

Pa. Adesanya, was elected a member of the Senate under the platform of the defunct Unity Party of Nigeria, UPN for Ogun State in the Second Republic between 1979- 1983. It was in this office as a distinguished Senator of the Federal Republic of Nigeria that he challenged the appointment of Justice Victor Ovie- Whiskey as the Chairman of then FEDECO (Federal Electoral Commission) the predecessor of the present day INEC. In the celebrated case of Adesanya vs Federal Republic of Nigeria argued on his behalf by the irrepressible Chief Gani Fawehinmi, he was unsuccessful in his challenge based on the principle of Locus Standi. Nevertheless, the case remains the locus classicus on the issue of Locus standi both for the brilliant exposition of the court's attitude to giving Citizens access to jurisdiction in constitutional matters, which ironically was not followed in the court's final decision, and the restrictive interpretation of Locus Standi which still remains the general principle deviated from by the court only in exceptional instances.

The period following the annulment of the nation's freest and fairest election on the 12th of June 1993 by military president Gen. Ibrahim Babangida gave rise to a chain of negative events such as the Constitutional contraption called Interim Government led Chief Ernest Shonekan, the voiding of that Government by the court judgment of Justice Dolapo Akinsanya and the topping of that government by Gen. Sani Abacha. All of which culminated in the incarceration of Chief Moshood Abiola, the winner of the June 12, 1993 elections, for attempting to claim his electoral mandate. The Gen. Abacha leadership had taken on every segment of society that dared to lend
support to the late Chief Abiola in his quest to claim his electoral mandate. It was in that difficult political climate that the National Democratic Coalition NADECO was formed, with Pa Adesanya as one of this its chieftains. Gen. Abacha launched a yet to be equaled policy of brutality and repressions on NADECO and its leaders with many of NADECO's leaders killed and several others fleeing into exile for dear life. Not only did Pa Adesanya stay back in Nigeria to fight the Abacha government to a stands till but when the late dictator sent his best guns to silence the great man he escaped from the murderous attack in circumstances that will remain both miraculous and mysterious for all times.

With the establishment of civil rule in 1999, Pa Adesanya became the leader of the Egbe Afenifere which in turn gave birth to the once vibrant Alliance for Democracy, A.D), once the most progressive party of the third republic.

An authentic leader of the Yoruba race, he assumed the mantle of leadership of the race with the demise of pa Adekunle Ajasin during the heady days of NADECO struggle against military dictatorship and repression. He was to hold this foremost leadership position of the race until he formally relinquished the role due to old age and failing health a few years ago to Chief Reuben Fasoranti.

Pa Abraham Adesanya was without doubt a great lawyer, an astute politician and a genuine leader of the Yoruba race.

The nation's tears had not in fact dried when the sudden and shocking departure of the nation's first female professor of law. Prof. Jadesola Akande, OFR, FNIALS, in her sleep was announced. An erudite scholar and eminent jurist, a first rate academic of several distinctions. First female PhD holder in law from the Prestigious University of London in the U.K. First female substantial Dean of a faculty of law. First female Professor of law. First female vice-chancellor of the Lagos State University LASU and Second female Vice-Chancellor of a Nigerian University, coming after only the pace-setting Prof. Grace Alele-Williams who is the First Nigerian female professor and first female vice-chancellor of the University of Benin.

Prof. Jadesola Akande, nee Esan, was a lawyer, wife of a lawyer, late Chief Debo Akande SAN and mother of a lawyer. Justice A. J. Coker of the Lagos State High Court. She was the author of the classis legal text Introduction to the Nigerian Constitution, which has since its publication in 1981 helped a whole generation of lawyers including this columnist get through the very wide and historical yet compulsory constitutional law.

Prof. Akande was not only a brilliant legal scholar but also a very objective commentator on legal/political issues. For example when several legal scholars got carried away in anger by the rapacious disposition of many of our Executives at Federal and State levels in plundering national resources for personal aggrandizement and had called for the immediate removal of the immunity clause under section 308 of the Constitution. She had while calling for caution on the amendment of the constitution based on present exigencies, summarized the whole idea of sovereign immunity in one short but lucid allegory "when we are in power we are gods and kings, but when we leave office we shall be called to answer for our acts".

The on-going trial of several former executive office holders, even though not comprehensive or serious enough, is clear testimony to the superiority of Prof. Akande's thesis that the problem is not with section 308 as it presently stands but the political will to follow thought the provision to its logical conclusion.

The sense in which the late Prof. Akande's sudden departure represents a major loss to many in the legal profession is that it has generally been believed that with her indelible contribution to the law and the training of lawyers in Nigeria, it was only a matter of time before she took her rightful place in the Inner Bar as a distinguished Academic silk. But alas, that was not to be; man proposes, God disposes.

Nevertheless, she made her mark in life not only as a great jurist, but also as a defender of the rights of the oppressed like widows, rural women and indeed the women folk in general.

Hers certainly was a life devoted to the best ideals of society and humanity and in her death the Nigerian nation lost a great patriot.

While the nation mourns at the sad loss of these illustrious ones we can take solace in their indelible legacies of excellence.

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