Gani
at 70: Celebration of a legal icon
By BAMIDELE ATURU
Friday,
April 25, 2008
Chief Ganiyu Oyesola Fawehinmi, friend of the toiling masses,
fearless advocate, humanist par excellence, irrepressible
enemy of oppressors, human rights crusader of inimitable courage,
unassuming philanthropist, and an indefatigable patriot of
unparalleled commitment is 70. This is really something to
cheer about.
To begin with, given the harassment, physical and psychological
torture inflicted on him and his family by the Nigerian state,
not many people thought that he would live to mark his 60th
birthday not to talk of being with us at 70. Whatever the
state of his health may be, this is an occasion that the masses
and their friends must celebrate to high heavens.
Gani, as he is fondly called by his admirers and foes alike,
is a unique Nigerian in a number of respects. Here is one
Nigerian who lives his life for the good of the country only
in every way. At great personal risks to himself, he dared
the military adventurers who usurped political power and imposed
the authoritarian ethos of the garrison on our people.
A consummate social critic that he is, he has never been caught
pushing positions for selfish reasons or for the mere purpose
of attracting attention to himself as many gallingly do these
days. I have told several people before and I believe it is
appropriate to repeat it during this festive occasion that
Gani is the only lawyer that I know, living or dead, who does
not take a position on national issues simply because he is
protecting the interest of a present or prospective client.
These days one frequently read opinions that amount to hankering
for briefs among lawyers or that is nothing but indecent defence
of the interest of an existing client. I have had cause to
disagree with this great African on some national issues,
but as I told him on some of those occasions, I knew that
he was merely expressing his deep and genuine convictions.
Happily, those occasions were very few. I challenge anyone
with a contrary opinion to express it now, I wish I could
take the liberty of a priest to add the phrase, ‘or
never’.
He is not one to refrain from expressing unpopular positions.
In recent times he has been challenged and even excoriated
by many for some of his positions that go against the general
tide of public opinion. One thing that is clear is that one
cannot miss his nationalistic fervour and passion in any of
his interventions and commentaries. Beyond that, a nation
without an avant-garde like Gani who sets agenda and thinks
ahead will soon atrophy. As a human being, he does not claim
to be without his own flaws. The truth, however, is that compared
with many people in his generation and generations behind
him, Gani is closer to a saint.
Gani is a very solicitous and caring person. Several thousands
of indigent people, and I am not exaggerating, have benefited
from his large heart. Personally, it was Gani that paid my
law school fees, an act of benevolence for which I shall remain
eternally grateful. As a law student at Ife, when the power
that be had made it clear that I could not get regular employment
by seizing my NYSC Discharge Certificate after my first degree,
Gani placed me on a monthly stipend that did not fail once.
Even while still on his sick bed in far away London, Gani
still looked after the welfare of several people. For example
I know that he ensures that the medical bills of his sister
who had taken ill before him are settled promptly.
It is not an exaggeration to state that all Nigerians, without
any exception whatsoever, have benefited from his legal activism.
This is so because he is the doyen of public impact litigation
in this country. Regardless of the narrow conception of the
doctrine of locus standi by the superior courts, Gani has
used the instrumentality of the law and the court to challenge
every form of misbehaviour in government. Thanks to his persistence,
it would appear that the doctrine has been relaxed in the
case of the dollar Ministers filed by him. There is no Nigerian,
again living or dead, that has challenged governments and
their policies in court on matters that are not personal than
Chief Gani Fawehinmi. He has expanded our legal frontiers
in such a way that every branch of the law bears his imprint.
This is not the appropriate forum to discuss his forensic
skills. I have already accepted the challenge thrown at me
by no less a person than Odia Ofeimun, the well-known poet,
to do his biography. It suffices however to recall how he
used his skills in court to get us back to school after the
authorities at Ife dismissed us apparently for not learning
what our parents asked us to go there to learn.
In the midst of his arguments, he suddenly pointed to the
ceilings and told the court that ‘what these boys dismissed
by the university are saying is that this roof should not
collapse on your Lordship’. The ceiling, unknown to
any of us and perhaps the judge too at the time, was caving
in. Everybody laughed, but he had made his point. We won our
case and that is one of the reasons why I am today a lawyer.
That was vintage Gani. He would use any lawful means to secure
justice for the downtrodden.
His courage is scary. One incident that will forever remain
etched in our collective memory was the scene at Yaba, under
the military, where he lay down on the ground and dared the
security personnel drafted to quell a public protest to run
over him with their armoured tank.
Thank God, they did not. But that underlines his willingness
to pay the supreme sacrifice in the defence of the oppressed.
He has been jailed more than any Nigerian, living or dead,
not for stealing public funds or for any crime but for challenging
infamy in government; he has been tear-gassed several times;
humiliated on countless occasions and brutalised times without
number. Yet he remains undaunted, unshaken and unwavering
in his single-minded pursuit of the common good. I wish him
more years of fruitful contributions to the progress of this
country. Gani, may God multiply your kind in our midst.
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