Akintola: Nigeria Hasn’t Fared Better in a Democracy

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Adeniyi Akintola
Interview

Prominent lawyer and former Deputy Speaker, Oyo State House of Assembly, Chief Adeniyi Akintola (SAN), spoke to Ademola Adeyemo on the state of the nation and the evolving trends in the legal profession. Excerpts:
Can you assess the level of development in Nigeria since the country returned to democratic rule in 1999?
The country has not made any substantial progress in the last 14 years, not necessary due to the incompetence or competence of those at the helms of affairs, but due to the disruption in the democratic experience. We were so much anxious to chase away the military therefore proper structures were not put in place. We are only content with chasing away the military we were not concerned about how to put in place proper structures. As a result of that, all sorts of characters came on board, including the bad and the ugly. There was a time a retired AIG said on the floor of the senate that he was sitting together in the chamber with those he once arrested and prosecuted for criminal offences.

Such is the level of decay. We have left undone what we should do and did what we should not have done. Look at the amount of money wasted since 1999 to date and you will weep for this country. I’m not a military apologist but am saying this with all sense of responsibilities. Even when former president Obasanjo came back in 1999, he said when he was a military head of state he left 15 aircrafts, 22 ships and others. He was in office for over 3 years as military head of state and he constructed Lagos-Ibadan expressway, Kaduna-kano expressway, Benin-Ore road, Enugu-Port Harcourt expressway. In the same period, he brought about all the second generation of our universities. Not only that, under that period he put up the refineries and ports in this country. 

President Jonathan at the NBA conference said he appeared to be the most vilified president but was sure that with time, Nigerians would see a different man. Do you see him walk the talk?
No, certainly not because morning shows the day. There is the principle of law that we lawyers like so much: that you cannot give what you don’t have. He doesn’t have what it takes to turn anything around. So, he should forget it. Quite a lot of us, including my humble self, had thought he would make the difference; we had high hopes from him but so far, so bad.
Talk about marginalisation, you were one of the facilitators of the Yoruba Assembly, which met and made some resolutions. How feasible are these against the background of the fact that the North is already wary of this?
The North? Yes, you see, that’s the beauty of federalism. Every component part ought to be allowed to develop at its own pace and ventilate its ideas. You don’t expect the North, to swallow the position of the South-west, hook, line and sinker; you don’t expect the South-west to swallow whatever the North wants, also hook line and sinker. You see, in a federation, you desire union because you only surrender part of your freedom to the centre. It isn’t a master-servant relationship thing.
The North has its reasons for taking its positions and you have to look at the historical and religious background. For instance, where I come from in the West, religion is a non-issue. In fact, the only thing you can do to ruin yourself socially and politically, economically in the West is to carry religion on your head. It is a non-issue. But to an average Northerner, it is an issue. So, we are bound to have our differences.
Don’t forget that in Nigeria today, the South-west is the only region that has land and sea borders, no other region does. So, naturally, they will be wary of our position. We are saying let us recognise our differences and respect it. The far North is landlocked, no access to the sea; the South-south has access to the sea, no land border; the South-east is landlocked on all sides. That is a reality you must appreciate. Even within the South-west region, the differences are there. Like I did emphasise on that day, some states in the South-west are landlocked, some have access to the sea and to land border, some have access only to land border, no access to the sea. So, you must appreciate all these.
How about mutual distrust on political issues
Borne out of ego and because of this mutual distrust, the two regions have suddenly found themselves to be minorities, in a country where they control over 60 per cent of the population. Look at it this way, If the two zones alone control over 60 per cent of the population, don’t forget that the same North-west, have their kiths and kin in North-east; they have in North-central. The South-west too, have their kiths and kin in North-central and South-south. So, by the time you add all these together… If only they will remove this mutual suspicion, borne out of ego, there is no reason they should be the one crying of marginalisation. At least, a minority has been tested now and we have seen the result.
A forum of leaders from South-south recently passed a resolution that in 2015, President Jonathan must have a second term. What is your take on this?
It mustn’t be a matter of must; they are entitled to it and the rest of the country is also entitled to either accept or reject it. It is a democracy, a game of numbers, from here to the United States. Every fool knows that once you get the votes of New York, California, Texas, you are home and dry. You only need some spread. Ditto in Nigeria. If you can get the votes of Lagos and Kano States, you are home and dry; you only need some geographical spread – 25 per cent.
Nigeria is such a large country that you can become the president of this country by not winning election in 12 states – by not having anything from 12 states, you still win – and you have majority lawful votes. If you can get Lagos and Kano States, you only need to be looking for 25 per cent all over the place and you will be home and dry. So, if they think they can make anybody President by threat or intimidation, they should be told that they don’t have the monopoly of violence. I think the Yoruba made that clear; nobody has monopoly of violence. That some people are being mild in their approach to issues doesn’t mean that they are fools.
In the NBA politics you are better known as a kingmaker, why does the kingmaker now want to become king?
We are stakeholders because we know what has been happening at the bar. We know the inner workings of the bar and I have been a good follower of my seniors, which include Chief Okpoko (SAN), Chief Olanipekun (SAN), Chief OCJ Okocha (SAN), Mr. Olisa Agbakoba (SAN), just to mention a few. They brought the bar back from its comatose together with our elders such as Chief Aiku, Ahamba, Alhaji Abdullahi Ibrahim, and so on. These are the people we’ve been following and paying our dues as well as honouring them.  So we feel that if these people have played their parts successfully, nature demands that we too who have been following them can take after them.  We cannot just be there as onlookers.
What would you say is the major drive behind your ambition?
The drive really is the pathetic state of the junior at the bar. I practice across the 36 states of the federation.  At the risk of being immodest, I think all of us, the four contestants that have shown interest, are eminently qualified to contest for the post of NBA President. But I think that I am the only one that can say I know the terrain of the country. I’m not just there because of the course of election. I know where the shoe pinches people in the profession.  It is not enough for you to sit at Ibadan, Lagos, or Port Harcourt and say you know the bar. I intend to see what we can do, with the support of my other colleagues, and better the course of legal profession. I realise that no single person can do it alone.
Does your agenda include pegging the minimum wage for lawyers especially the junior ones?
You cannot regulate what an employer would pay an employee.  The Bar is not a trade union.  I belong to the school of thought that says you cannot pay a junior in your chambers adequately. Where I was trained, thank God my principal is still alive, I didn’t earn salary for three years, but I was not starving at the same time. This is because the mechanism for the welfare of junior that was put in place worked. Then, we used to have what we called transport allowance.  For every time you went out to handle a case, you were paid N20. You know it was a lot of money then.
But if you followed your principal to court in the morning, you would not be entitled to anything because you would be riding in his car.  But Chief Afe Babalola (SAN), God bless him, changed the situation.  He and Chief Ajibade started the idea of paying and paid very well too.  He introduced something that was very novel.  Everybody in the chambers must be on ‘X’ Naira.
There are four of you who have indicated interest to contest the NBA presidency in 2014 and the one from the Mid-west has been alleging marginalisation by the West. That’s dangerous?
If I have my way, the issue of zoning of the bar offices would not arise.  When we came on board, there was no zoning at the bar.  The bar offices were meant for the best. That was why the area you just mentioned has produced the highest number of bar leaders.  Check it out, Douglas, Dr. Mudiaga Ojey, Chief ACJ Okpoko (SAN). After the NBA came back from comatose, the first person to be elected president of the bar was Chief Okpoko, God bless him. Where is the marginalisation? The bar is one. When we introduced the new constitution under Okpoko, it was to give everybody a sense of belonging. Nobody thought of where you came from. That was how the first beneficiaries were elected, in spite of lack of concentration of lawyers in the West and the East.
How would you assess the present leadership of the NBA?
The present leadership is trying. It is capturing our vision very well.  You have to appreciate something that at the bar, there is no room for one man show. It is a collective thing. No bar leader would go there and formulate any policy without due consultation with the stakeholders. We have our different issues, but the goals are the same. The approach may be different.

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