By Hon Justice Taiwo Obayomi Taiwo(rtd)
I am a lawyer. I studied law and stayed in the practice of law, in memory of my late mum who paid for me to study law at Holborn Law Tutors in the UK. I eventually continued my law at the University of Ibadan and finished there. She paid upfront for one year almost £7000, which was the total fees for one year in that private law school. I will be eternally grateful to her. May her soul continue to rest in perfect peace.
We all know what the exchange rate would be today. In her memory I decided to stay in the practise of law all through my legal practice days and thereafter, even till now. I tried my hands at property marketing at one time but I had to drop it even though I made some money out of it. I stopped because it was affecting my legal practice.
There is nothing you do from my point of view, outside your profession that will not affect your profession. Politics is one of them. Politics itself is an art and a profession but I must add that, if it is truly for the people and the betterment of the people, it is a good one.
One of the most respected politicians in this country was Chief Obafemi Awolowo, of blessed memory. He practiced law and politics successfully but he was more of a politician. He used his knowledge of law to better the lot of so many people in his life time and till today, his name is still a reference point in using politics to serve humanity. Mahatma Ghandi was first a lawyer and he became a politician to serve his people. He’s name is known more in politics than in law.
Chief F.R.A. Williams was a politician until he dropped politics to devote his entire life to law. He was not a cross breed. His pathological devotion to law can be seen and read in the political history of Nigeria . In legal practice to which he committed his entire life to after publicly renouncing politics, his invaluable impact, is in the law books and law records and reports. He was an enigma and an icon, who will forever be remembered like others, too numerous to name, who stayed in the service of law.
The lawyer is meant to be the beacon of the society. The lawyer’s creed is to ensure that the society is governed according to the law. Chief Gani Fawehinmi was the people’s lawyer. He used the law to better the lot of the society. His foray into politics was disastrous, because the perception of the lawyer in practice and the lawyer in politics are not symbiotic. They are strange bedfellows. The people may hail the lawyer in law, but not the lawyer in politics. The ingredients you add to the soup that makes a lawyer is different from the ingredients that you add to the soup that makes a politician. Femi Falana SAN , my dear friend was in the same boat as Late Chief Gani Fawehinmi. I feel him more in law now, than when he did both.
A lawyer is known to keep to his or her words. Robert Traver in his book “The Anatomy of Murder” stated thus:”That’s what makes the practice of law, like prostitution, one of the last of the unpredictable professions -both employ the seductive arts, both try to display their wares to best advantage and both must pretend enthusiastically to woo total strangers.”. Joseph Story lived from 1779 to 1845. He was an American Lawyer, politician and jurist, who served as an Associate Justice of the United States Supreme Court from 1812 until he died in 1845. He stated thus:”I will not say….that “The law will admit of no rival”, but I will say that it is a jealous mistress, and requires a long and constant courtship. It is not to be won by trifling favours…”. Henry David Thoreu(1817-1862), was not a lawyer. He was an American essayist, poet and philosopher. He said ” The lawyer’s truth is not Truth, but consistency, or a consistent expediency . Truth is always in harmony with herself, and is not concerned chiefly to reveal the justice that may consist with wrongdoing”.
I have looked at the lawyer’s creed, ie to uphold the rule of law, personal dignity and independence; to offer faithfulness, competence, diligence and good judgement whilst providing vigorous and honest representation without sacrificing professional ethics; to practice with fairness, integrity and civility, avoiding malicious tactics, unnecessary delays or abusive discovery; to show profound respect, candor and courtesy, ensuring that the search for truth and justice remain uncompromised, to the court or tribunal and to make justice accessible to the poor and to protect the legal profession as a noble calling rather than a mere business.
I have gone this far in order to butrees the topic for discussion. The practice of law and politics can never converge. You can’t be a master of the two. You can be successful in both no doubt, but along the way there are sacrifices, that will most likely be at cross opposite to the law. Very few lawyers like Chief FRA Williams of blessed memory, have sacrificed politics for law. The political lawyer will criticise anything even when the law is clear that, without evidence, you are not expected to speculate.
Nowadays, many lawyers in politics take to the air and the print media especially in this era of social media to generalise, when making statements. How can a lawyer, trained in the practise of law make general statements on any topic especially these days, when the judiciary even in retirement, has become the topic for discussion without any evidence? How can people make general statements about Senior Advocates of Nigeria or lawyers generally?.
It is pathetic that those who ought to know by virtue of the level of education, professional qualifications and recognition in the legal community are more guilty of this. How can a lawyer remain silent even when injustice happens in front of him and behind him, too but he keeps quiet?. Many keep quiet these days because they want to satisfy their paymasters, even when it is glaring that the legal profession is suffering for their silence and/or complicity and complacency. These days, many voice out personal opinions, without let or hindrance for personal and political reasons. Some attack their professional colleagues even the judiciary, when they cannot get what they want, but they must vent their anger on someone. Some are paid to attack or bring down their fellow colleagues whether at the bar or on the bench.
I like the Yoruba language a lot. Am sorry I won’t be able to interpret the idioms I will use:” To ba ma jè oshakala, jè oshakala; to ba maa jè oshokolo, jè oshokolo. Oshakala, oshokolo ko yè omo eniyan”. “Ariteni moo wi, afi apaadi bo tiè mole”, “Ko si enìti a maa si idi è, ti aa ni ba èèpa nibè”, Apologies to those who will read that are not Yoruba, or those who are Yoruba but don’t understand these idioms.
To those who criticise, not out of holiness per se, not out of being a “straight” lawyer or just plainly being fair, but generalise in other to look good or elicit unmerited clapping, look in the mirror, think back, if you have not done anything you accuse others of doing. In writing or criticising generally, come out but most importantly, PRACTICE WHAT YOU PREACH BEFORE YOU CRITICISE.
Justice Taiwo Obayomi Taiwo retired as a judge of the Federal High Court.
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