Exclusive Interview With Chief Giwa AmuPublished on November 7th, 2009 [By Oladimeji Abitogun]
* Late Gani Fawehinmi was the lord of law.
* Who my father was.
* The dark secret against the police.
* The case against Mrs. Amuka and the Nigeria police.
Gabriel Giwa Amu, 47, lawyer and holder of the traditional chieftaincy title of baa-mofin (father of law) of Ijebu land, has come of age since taking Nigeria by storm since the mid 1990's as one of the promising defenders of the defenseless and as an extra-ordinary human right advocate.
He has had running battles in the complicated Nigerian society, often challenging the shenanigans of hypocritical elitism and irresponsible leadership. He is also huge in standing up against state brutality.
Even with added responsibilities of raising a family, formidable experienced law practice and charity work are not enough to dampen his passion for the defense of the poor. He often faces vilification and harassment and fascinating charges in the process. He is the emerging face of popular lawyering in Nigeria.
He took time off during the week, ahead of his donation to the Civil Liberty Organization CLO in Lagos, to address curious generations on the place of law, his present epic defense of an investigative reporter who faces criminal charges in Lagos and the reason why he often runs into trouble with the authorities in Nigeria.
He spoke with OLADIMEJI ABITOGUN. Excerpts:-
The place of the law is not clear to the common man. It is often thought that justice is for the highest bidder and that the rich often enjoys an undue advantage in the law court. Law should be a veritable weapon for solid reform, but it is very so to the extent that only those who can afford it can have it…
The law is an instrument that must undo injustice and oppression. It is an instrument designed to create peace in man, not to release war. It is designed to guarantee a peaceful atmosphere, but in its application, it is implemented to protect the rich from the poor. To protect the oppressor from the aggressive person. A rich man who commits the offence of murder has a likelihood of getting out of the chain to a degree of seventy per cent. It is not so for the poor man who may not be able to afford a legal defense. That is why we have come up with the scheme of legal aid for the indigent person.
I agree with the common man when he says that justice is for the rich, because in its design it is meant to create a peaceful society, a society where man and beast, as it were, can live together. But now the law is being executed to protect the beast from the man, the beast here as a man who has links, a man who goes into government coffers and removes funds, stealing in broad daylight and believes that he enjoys immunity because of his cleverness to the power that be. Because of money, the law is an ass. A very very deleterious ass, salubrious, if you like.
When you look at classical views of the law, for example, Jesus Christ took a look at the practices of lawyers and pronounces a woe on them for holding the key to knowledge, not going in there and preventing others from going in. When does it ever get better?
However you do it, it gives me serious concern, that if you are a lawyer, you wear the gods a burden of curse, but if a lawyer could learn, do things with a humane face, not about money and also give, I believe a lawyer can pull himself away from that curse once the lawyer is trained to give and protect justice. In practice, eighty per cent of lawyers try to perfect how to keep the status quo, they seek to perfect their instructions and briefs. Even if it causes grave injustice to the legal society. So with Jesus Christ, one can truly say woe to some lawyers.
So you think a lawyer who defends fair issues and the common people can be washed clean of that kind of curse?
Yes, I think so!
I am interested in knowing the usual cost of free legal representative that makes it unattractive to lawyers.
For us it is not cheap, because, first, you must type in paper to get an application for bail approval. I don't have a printing press; I go to stationery stores to get papers. I also know I do not sleep in a court or I either walk to a court or drive there in my car. Nobody, not even government can give you fuel for free. These cost are there, how many lawyers can be there for an indigent client?
It is with great pleasure that I agree that lawyers have grown in status and reckoning in the society now. They have good cars etc; yet I see some of them being unable to afford good books. Even now, it is still expensive for a Lawyer to defend on indigent client, because if he does, he is bound to suffer. In my candid opinion, if you ask me, it is better for him not to take up a burden that would bite into his little savings in the protection of a man he has not met in the course of business or someone with whom he has no blood ties. Of course, the Lawyer has a lot to lose if he is not solvent. Most unfortunately so if he prefers to take up a case that would be profitless.
People often come up with stories and allegations against you, that you collected money and refuse to meet up with expectation on such transaction. Are you guilty as charged?
Who are these people? What allegations? These allegations are baseless and borne out of share mischief but I am not perturbed, I have Jesus Christ. Let me tell you, in the course of this growth to the stage that I am now, I have been vilified, a lot of mud –slinging, even from people who have never met me. They allege that I am a land grabber, most probably because my primary focus is litigation based on land issue. But sometimes I do arbitrary and reconciliation wherever I can. What is very common, and I must emphasize that now, is that the aggrieved party often thinks the best person to attack is the lawyer on the issue of someone collecting money and not doing the job that he has been paid for. I feel sorry for such people.
Let's say for example, a man has a murder case hanging around his neck, his relations come around, they pay me five hundred naira, plus or minus I succeed in getting him conviction for four, five years. Do you know his people, instead of appreciating the efforts of the learned counsel would say, “oh, he is the bread winner of the house, why is he not out?” My duty as a Lawyer is to do my best, not to work the impossible.
This is not the first time I am hearing such a thing, I have grown very thick skin. In fact I am challenging them, you know where to go, and to the appropriate authorities .They should take their complaints to them. I say that the worthless and malicious are trying to distract us from our goals and I can assure you that they cannot succeed.
Some of your critics allege that your on-going brief to defend Lagos investigative reporter, Mr. Steve-Ogom-Chima, may be a publicity stunt. How well do you know Mr. Ogum-Chima? And do you have anything personal against the family of Vanguard Publisher, Mr. Samuel Pemu-Amuka?
I would not or comment on the prospect of the case you are talking about. I believe in due process and would not subscribe to media trail. The matter as you are aware is subjudiced. It's wrong for me to say. Every lawyer hopes to win a case. So if I say what the chances are, I would be interfering with court proceedings. But I know, like you said, Mr. Ogwu-Chima, is not just a client. He was one of the beneficiaries of a gift of motorbikes that he made to Crime Reporters Association of Nigeria about four years ago.
He gave a gift of four motorbikes to the association. He was one of the beneficiaries, that is how I got know him. So far, all his stories have been highly volatile and I don't think he would be loved by anybody, especially on stories that touch on the high and the mighty; ritual murder, rape, policemen involved in very devious offences, policemen obtaining and him having pictures of them. All Sorts. And when his stories land on the desk of his editors and the editor know somebody who knows the suspect, he gets into trouble. Sometimes he's given query for trying to be a journalist like he knows it to be. So I know him to that extent.
The matter in court has to do with a bunch of irresponsible gang in the police. Apologies to some policemen that are decent. But this case is very pathetic. The police report even indicted the police officers themselves that their officers received a bribe of N4 million to destroy the case file. And some of them who have embarrassed Nigeria are still serving. They come to court, a murderous gang. I was thinking that the IG or Lagos Commissioner of Police Mr. Marvel Akpayibo would have sought to discontinue the case from the court because of its embarrassing nature. Highly embarrassing! If their own report contained the information and the reason why the alleged complainant wanted the remains of the ritual victim, in order to kill the mother of Pemu-Amuka and also to kill the second wife of her husband, were is their motive?
Look there is purpose. This is a woman who lives abroad; she came to the country, went to Ajegunle, got an Alfa, and went to Ibadan in furtherance of her persistent search for human blood. According to the police report, from Ibadan, they went to Ikorodu where they were finally arrested . Anyway like I said before, the matter is subjudice, I don't want to talk about the conclusion.
Mr. Igho Akhregha, the interim president I have known for a while, I have trusted his competence. I trust that we share the same vision. It is about that the CLO sanitizing itself and sensitizing the average Nigerian to his rights. It is not about criticizing government every day. Human right law is not just about criticizing government, so that you don't end up criticizing a good government. It is not about criticizing a government of the country. It is about fighting the shenanigans of bad governance and not for their own self-aggrandizement personal upliftment. So that, if that is a fight they want to pursue then I am arming them. Let them go into the field. It is not a donation, it is empowerment. It is in their possession by virtue of arming them to go into the field.
So can you explain the Stephen and Solomon foundation that you recently established in honour of the late law icon chief Gani Fawehinmi?
Yes, that foundation is not named after Chief Gani Fawehimmi. It is only carrying on his ideals, because I do not have the consent of his family to set up a foundation on his behalf. But the ideals of Chief Gani Fawehimmi, for which he lived and died, are going to live on in the Stephen and Solomon foundation.
Who are Stephen and Solomon?
Stephen is my son and Solomon is my late elder brother, a brigadier-general who died in a motor accident.
The man who was Nigerian defense attaché in New York?
Yes, in honor of him as my personal contribution because he was a good brother.
How much do you spend on the individual who flock to your office and home like this every day? I see them looking up to you in the hope of getting something…
(Laugh) the cost to my pocket is natural love and affection.
How do you deal with superstition especially those who would insinuate that their aura goes with receiving gifts?
It is silly to think like that. It is what people say to cover their godless stinginess. I give as God provides. I don't want to go to specifics; I have found out that people who are really indigent feel that even if we go there, we would get something, so I better not encourage them. So I won't have them coming first thing in the morning coming to swoop on me.
Who is Chief Giwa –Amu?
I remain who I am. I am a legal practitioner I stayed briefly in Cardiff and did my O' levels in Britain .I came back to Nigeria and got enrolled with old Bendel State University, now Ambrose Alli University, Ekpoma.
So you had a privileged background?
No. My father was a common policeman. He was the first Assistant Superintendent of Police in Nigeria.
You tackle the police with passion, is it something personal against your father?
My father couldn't tolerate so many things. He never subscribed to child abuse. Ironically, the first slap I got in my life was from a policeman. He was a corporal, and I was just seventeen then. From then on, I had this apathy for the police. These are a set of people you run to when you need them to help sort out problems concerning security of your life and rather than help you out, they will further compound issues. Some of them who are confronted with marital problems at home transfer that aggression to the civil populace. They reinforce the apathy the common man has for them. Everything the policeman does is aimed at building anger against him from the society.
I was surprised that a man I had never met greeted me warmly at a police station the other day, and I said well glory to God, but until we see them changing their total psyche, the last person I want to see is a policeman. I must say that, and I have no regret.
What else did you do before setting up legal practice?
I worked briefly in Cross-Rivers State during my National Youth Service Corps (NYSC). I was in the office of the Director of Public Prosecution (DPP).It was when I left Cross-River State that I joined the Law firm of my brother in Benin City.
Would it be safe to say you cut your legal teeth at your brother’s chambers?
Well I wouldn't say so, because when I obtained a diploma in law from Kwara State College of Technology, I was made an area court judge, an area court Judge is equivalent of the customary court judge and that was even before I went to Ekpoma for my degree.
I see you have good Law books and a rich library, how did you get the money to set up law career?
Like I said my brother, the late Solomon Giwa has played a very important role. I took a loan of fifty thousand naira, which I fully paid up. I owe him that much. He always told me not to despise good books .I love cars. He would say like the cars first, get the books. I grudgingly learnt all that from him.
And when Gani came on the scene, he made things easier for us. Growing up in the legal world, we could easily afford law reports. Only senior and experienced lawyers could afford those books at that time in Nigeria. Only lawyers like Chief Rotimi Williams, Kehinde Sofola and G.O.K.Ajayi could get the Supreme Court law report at the point of delivery. He is the law lord. He is a man who even in death, I doubt, if any legal practitioner can trivialize his existence. He came, he saw and he conquered. If you hate him o.k. But you cannot fault his achievements.
If you love him, well, good for you, it is your personal emotions; it can only edify what we can build upon. The man made people like us .We cannot walk into the High Court library. You know the man drafted his law reports to the High Courts in each State free. Tell me how many other Senior Advocates in Nigeria have printed even one book. I don't want to be direct, but the one they call.....Let me stop, never wrote a book in his life. Look at Chief Gani Fawehinmi, even when cost of production was high, he ensured that they were made available. If I could spend one thousand naira a week to buy a book, that could give me N500, 000 victory on a single report on a vital law matter and rest the case. He contributed to my law practice in no small measure. I beg God Almighty to forgive all his sins and give him good rest.
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