“Whenever a final history of this country of ours is written, I am sure that the name of Gani Fawehinmi would merit a prominent passage. …Where other lawyers are content to win cases, Gani’s aim remains to employ his very extensive knowledge of law to ensure justice. To him fees are of a minor consideration. “Yet, there can be no doubt that Nigeria is better off with the courageous crusade of this lone-ranger”. Late Chief Emeka Odumegwu-Ojukwu On Gani Fawehinmi, “Because I am Involved”1989.
This year marks the 6th anniversary of Chief Gani Fawehinmi (SAN), who died in the early hours of Saturday, 5th of September 2009 in a Lagos hospital after succumbing to the scourge of the cancer of the lungs. May the soul of the incorruptible lawyer and fighter for Justice rest in eternal peace. There are varying perceptions of the positions and methodologies of late progressive advocate and irrepressible human rights activist on topical national issues of the times he was alive. However there was (and there is!) still a consensus that the late non-state actor was a fighter both in words and deeds against corruption, which President Muhammed Buhari had rightly observed could kill the Republic if we dare not to exorcise it.
What would be his reaction to the disclosures of the Minister of Information and Culture, Alhaji Lai Mohammed early in the year that huge financial and assets had been recovered from May 2015 to May 2016. Lest we forget the devil is the details! N78,325,354,631.82 (Seventy eight billion, three hundred and twenty-five million, three hundred and fifty-four thousand, six hundred and thirty one Naira and eighty two kobo), $185,119,584.61 (One hundred and eight five million, one hundred and nineteen thousand, five hundred and eighty four US dollars, sixty one cents); 3,508,355.46 Pounds Sterling (Three million, five hundred and eight thousand, three hundred and fifty-five Pounds and 46 Pence) and 11, 250 Euros (Eleven thousand, two hundred and fifty Euros). Recoveries Under Interim Forfeiture (cash and assets) during the period totaled N126,563,481,095.43 (One hundred and twenty six billion, five hundred and sixty three million, four hundred and eighty one thousand, and ninety five Naira, forty three Kobo; $9,090,243,920.15 (Nine billion, ninety million, two hundred and forty three thousand, nine hundred and twenty Dollars, fifteen cents; 2,484,447.55 Pounds Sterling (Two million, four hundred and eighty four thousand, four hundred and forty seven Pounds, fifty five Pence) and 303,399.17 Euros (Three hundred and three thousand, three hundred and ninety-nine Euros, 17 cents ). The funds awaiting return from foreign jurisdictions reportedly total some $321,316,726.1 (Three hundred and twenty one million, three hundred and sixteen thousand, seven hundred and twenty six Dollars, one cent); 6,900,000 Pounds (Six million, nine hundred thousand Pounds) and 11,826.11 Euros (Eleven thousand, eight hundred and twenty six Euros, 11 cents). Non-Cash Recoveries (Farmlands, Plots of Land, Uncompleted Buildings, Completed Buildings, Vehicles and Maritime Vessels) during the period total 239.
Many observers agree that if Gani were to be alive he would have insisted on the naming and damning of the returnees of looted funds and would have initiated a private prosecution of them all. Much more important, what would be the reactions of the late Chief Gani Fawehinmi to the damning revelations about the alleged corruption of some judges of the Federation? What would be his reaction to the ongoing war of attritions between the DSS and the suspected judges in the corruption allegations? What would be his reaction to the media presentation of the arrest of the judges as an issue as opposed to the sordid allegations against the judges? What would be the reaction of Chief Gani to the reaction of the National Judicial Council (NJC) to the raid of judges’ residences by operatives of the State Security Service “as the height of impunity” even when the council lacks similar star words against the judges the same council had dismissed on account of scandalous impropriety?
The President of the Nigerian Bar Association (NBA), Abubakar Mahmud, SAN, has just commendably called for the immediate suspension of seven judges arrested by the State Security Service on October 8, after the Association’s earlier unqualified condemnation of the process of the arrest of the judges. Interestingly the NJC still insists that the suspected judges should stay put in office until proven guilty. What would be the reactions of Chief Gani to this seeming incoherent reactions of the judiciary officials to what clearly calls for not only judicial but (with apology to Vice President Yemi Osinbajo, SAN), a national consensus. Fight against corruption? If the judiciary lacks consensus against graft, pray who will?
It would be recalled that in 1984 Chief Gani dared the NBA and appeared before a military tribunal to prosecuting some corrupt public officials. NBA establishment then disowned Gani for audaciously breaking ranks with NBA on the desirability of a military tribunal to try corrupt cases. Would history have repeated itself today as (I bet!) Gani would have spiritedly defended any process (with all its imperfections) that would banish corruption once and for all. At times like this what would have been Gani’s reaction to the legal anarchy arising from prosecution of high profile corruption cases when its business as usual as ordinary persons caught with stealing and robberies are summarily tried in chains in public almost without due “process”?

By Issa Aremu, mni | Publish Date: Oct 24 2016