By Godknows Igali
The terse textual content message from former Nigerian Federal Capital Territory Minister of State, the affectionate, Oloye Jumoke Akinjide “Daddy has handed on” authoritatively introduced the transition of Chief Richard Akinjide, SAN on 21st April 2020.
Although subdued by reportages about COVID-19 pandemic, for a lot of older Nigerians, this information was clearly, the shutting of a significant door within the annals of the nation’s authorized historical past and certainly, the politics of the nation’s founding fathers. Born on 4th November 1931, within the sprawling metropolis of Ibadan, the megalopolis of the Yoruba ethnic nationality and as soon as probably the most populous metropolis in West Africa, he was given the non-public names of “Osuolale”, “Abimbola” and at baptism, christened “Richard”.
Akinjide handed on on the age of 89 years, achieved as a politician, on the twilight of the nation’s pre-colonial days, the First Republic (1960-1966), and Second Republic (1979-1983). However he attained fame, relative affluence, and distinction from his authorized observe, which, on events, was marked by excellent melodrama, turning into his area of interest and imprimatur.
The very best level of Chief Akinjide’s political cum authorized profession was in September 1979 when he needed to face his erstwhile political chief {and professional} mentor, Chief of the Yorubas, Chief Obafemi Awolowo within the courtroom of legislation.
Simply as it’s within the area of worldwide politics, it was American politician and author, William Clay, who served in Congress for a report 32 years that when stated “That is fairly a sport, politics. There aren’t any everlasting enemies, and no everlasting mates, solely everlasting pursuits.”
Within the turns and twists of political life, such pursuits may very well be diversified, starting from private to the group and in addition to ideological and even institutional. For Akinjide, this was the second time that his political path and that of his “Oga” clashed virtually inveterately inside a interval of 20 years, however he nonetheless needed to do the needful. This time, he stood for the pursuits of his new political household, the Nationwide Get together of Nigeria (NPN), as in opposition to these of Awolowo and his Unity Get together of Nigeria (UPN), over the rulership of Nigeria, because the navy acquiesced to returning political energy to democratic governance.
It is vital at this level to have a panoramic view of the political underpinnings which prevailed in these cradling days of Nigeria’s nationhood and the way Akinjide’s political feud with one of many males whom he revered all through his life, crept in.
It’s simply recalled that a lot of the tipping factors and astonishingly soured comedies which characterised the sundown of British colonial rule in Nigeria, have been performed by strongmen who have been additionally fiercely Ethno-nationalistic personalities. Within the paraphrased phrases of Julius Caesar: “these males stood like a colossus; they strode all others below them”.
Clearly, these early political leaders didn’t love emergent Nigeria stateless however have been unabashed by their attachment with their cultural and sub-national identities and the necessity for self-preservation at that degree. The three dominant figures who emerged as political masterminds adopted a sample bellying the geo-demographic structure of the nation.
The grasp of all of them was Dr. Nnamdi Azikiwe, who although an Igbo by delivery, was raised within the North-Central city of Zungeru, in present-day Niger State. It’s recounted, that he spoke only a few phrases within the Igbo language till he was about eight years previous and somewhat communicated extra freely in Hausa.
Azikiwe’s political antecedent noticed him initially undertake a extra nationalistic strategy as he spent his adolescent years in Calabar and Lagos, together with attending the well-known Methodist Boys Excessive Faculty, and rapidly imbibed the Yoruba tradition.
It’s after these that he lastly moved to the melting pot, america of America to attend, Columbia, Pennsylvania, and Howard Universities and a number of other different establishments of studying. “Zik” as he was extra simply referred to as, was additionally an incredible sportsman and a journalist who practiced his career extra in Lagos. His strategy to politics was, subsequently, open-minded.
The political teams which he fashioned in 1944, that’s, the “Nationwide Council of Nigeria and Cameroun” (NCNC), have been subsequently extra broad-minded. In the middle of time, the good “Zik of Africa” additionally grew to become clobbered into turning into pan-regional as his political fortunes floundered in his western base and a few of his personal ethnic kin similar to Michael Okpara, Osita Agwuna, Nwafor Orizu, M.C.Okay Ajuluchukwu have been fast to drag him into their ready embrace.
Subsequent was Sir Ahmadu Bello, a direct fourth-generation descendant of the Muslim cleric and jihadist, Uthman Dan Fodio, and holder of the title of Sardauna of Sokoto. Although a recipient of the Knight of the British Empire (KBE), he was conservative, and head of the pan northern platform – Jamiyya Mutanen Arewa which metamorphosized into the political celebration “Northern Individuals’s Congress” in 1951.
Although he was apparently professional Hausa/Fulani and pan Islamic, attention-grabbing sufficient a few of his closest aides, together with the influential Secretary to the Govt Council of Northern Nigeria and Non-public Secretary, Chief Sunday Awoniyi was a Christian and of Yoruba ethnic nationality.
The final of the personalistic leaders or what the South Individuals would name “caudillos” was Chief Obafemi Awolowo. “Awo”, as he was referred to as by admirers; younger and previous, was extremely cerebral and nationalistic, a self-made man and a lawyer of the very best distinction.
Like his friends, his political outlook was strapping “Yoruboid”. Unapologetic about his Yorubaness, Awo additionally had the title of “Asiwaju Omo Oduduwa” and fashioned his political motion “Egbe Omo Oduduwa” in 1945 which later reworked into the Motion Group political celebration in 1951.
Retraced backward, Nigeria was, like a number of different British colonies, a testing floor for his or her senior civil servant as they took turns to rule over huge territories and peoples as Governors-Normal. The First Governor-Normal of Nigeria, who got here from a navy background, Lord Frederick Lugard acknowledged the inherent range in 1914 when he merged the composite items that now make-up Nigeria. He additional spelled this out amply in his handing over notes to Sir Hugh Clifford in 1919 who succeeded him. Clifford was pretty conversant in the complexities of ethnic-based politics in Africa, having simply served for seven years as Governor-Normal of Gold Coast from the place he was despatched to Nigeria.
In his Clifford’s Constitutions which got here out in 1922, the dividing strains following ethnic and cultural antecedents have been once more drawn out. In 1925, Clifford was himself posted to Ceylon and succeeded in fast succession by three different British civil servants as Governors-Normal; Graeme Thompson (1925-193), Donald Cameroon (1931-1935) and Bernard Bourdilllon (1935-1943), throughout whose intervals, Nigerian nationalists started to advocate for the abrogation of the Clifford’s Structure and set up of regionalism.
In 1943, Sir Arthur Richard’s arrived Nigeria as Governor-Normal, with sturdy expertise each in Africa and different locations. 5 years after his arrival i.e. in 1946, he promulgated the Richards Structure which clearly adumbrated that Nigeria was a tripod, which arguably nonetheless holds true until at the moment. That’s the Hausa-Fulani within the north, Yoruba to the west, and at last, the Igbos who have been eastwards; all of those with a number of smaller teams interspersed in between.
So, the Richards Structure, which was short-lived because the keep of its proponent, who piteously additionally retired from service shortly afterward, clearly advocated for formalization of regionalism alongside the three fault strains. His personal successor, Sir John Stuart Macpherson on taking on as Governor-Normal in 1951, organized the Ibadan Convention of all political and ethnic leaders in Nigeria in 1950 to allow have a better understanding of the political currents.
He additionally got here up together with his personal Structure, additional endorsing regionalism. It offered “restricted self-autonomy” for Nigeria and helped to speed up Africanization of governance however was replete with protestations, so by 1953, he organized for all Nigerian political leaders to journey to take part in August 1953 Nigeria (London) Constitutional Convention. This gave solution to the 1953 Lyttleton Structure, named after Secretary of the colonies, Sir Oliver Lyttleton. It was the final of those colonial constitutions which additionally gave a proper nod to federalism alongside the strains of regionalism.
Returning to the politics of Western Nigeria, Awolowo’s political maintain over the area started to expertise dismemberment as fissures and cleavages began to creep in from totally different instructions. Whereas “Zikism” took some sizeable a part of his Yoruba intelligentsia within the Lagos space, the extra hard-hitting have been the feuds that got here in between Awolowo and his subsequent in command, Chief Samuel Akintola.
As if rehashing the Yoruba wars of the 19th century it was, at a time, a combat of all in opposition to all others. Akintola fell off with him, taking alongside, most of his folks from his Oyo group. A few of these included such sturdy politicians as main authorized minds similar to Chief Remi Fani-Kayode and the Ibadan strongman and chief of Ibadan Individuals’s Get together, Chief Adisa Akinloye, founding father of the Ibadan Peoples Get together (IPP) and never the least, the youthful, Akinjide himself.
Akinjide subsequently, together with these followers of Akintola, joined in forming a re-enacting Nigerian Nationwide Democratic Get together which had lengthy died earlier than going right into a partnership with the north. It was on this course of that Akinjide grew to become a Minister of Training within the First Republic till the primary navy coup in Nigeria of January 15, 1966, despatched all of them packing.
It must be acknowledged, that the unhappy occasion of January 15, 1966, was the third main navy putsch in Africa. I had written in one other paper that “By so doing, Nigeria had joined the infamy of its neighbour, Togo, the place President Sylvanus Olympio, had on 13th January 1963 been equally assassinated and jolted out of energy; being Africa’s first post-colonial navy coup.
Even nearer dwelling, within the Benin Republic, then generally known as Dahomey, rebellious younger navy officers on 22nd October 1964, overthrew the Authorities of President Hubert Maga. Virtually like a zig-zag relay, on 24th February 1966, in close by Ghana adopted go well with, the sagely and intrepid Pan Africanist, Osagyefor (instructor), Kwame Nkrumah was humiliated out of workplace, regardless that, below much less violent circumstances”. Thereafter, the Nigerian navy initially held on energy for 13 years; though they’d pretexts to return over and once more.
Since 1966, the highway to democratic governance was tortuous. Normal Yakubu Gowon, who then grew to become Head of State and dominated for 9 years failed on the promise of early return on no few events, thereby dampening fashionable belief. His navy successor, Normal Murtala Mohammed, seemingly altruistic, having constituted a Structure Drafting Committee (CDC) in October 1975 and outlined a programme for exit from energy was brutally killed in an unsuccessful navy coup on February 13, 1976.
So, when Normal Olusegun Obasanjo, the fourth navy ruler, re-echoed the promise of his slain boss, Murtala, and went on to represent a Constituent Meeting (CA), it was with blended excitements to just accept the commitments. Nonetheless, one factor that made many from the political class have some measure of confidence in Obasanjo and his erstwhile boss was the calibre of individuals who they select to superintend the transition course of.
Chief Rotimi Williams, who was Chairman of the Structure Drafting Committee (CDC) was visibly probably the most excellent lawyer of his days having being referred to as to the English Bar in 1943. He was the primary Nigerian to be made Queens Counsel in 1958 and was one among two to be conferred Senior Advocates of Nigeria in 1976. Way back to 1959, he had additionally served as President of Nigerian Bar Affiliation, and Minister of Native authorities and Justice within the Western Area.
Equally, the Chairman of the Constituent Meeting (CA), Dr. Egbert Udo-Udoma was the primary African to acquire a Doctorate Diploma in Regulation in 1944 from St Catherine Faculty, Oxford College. Afterward, he had served within the Home of representatives for 9 years, was Chief Justice of Uganda and a decide of the Nigerian Supreme Courtroom. Therefore the product of their efforts: the 1979 Structure, although a significant departure from the 1960 Structure, stays a significant grundnorm.
In the identical vein, Chief Michael Ani, an excellent Civil Servant was appointed as Chairman, Federal Electoral Fee (FEDECO) in November 1976, together with 23 different very excellent Nigerians to conduct the election. Throughout the disaster after the January 15, 1966 navy, as a high bureaucrat, he headed a panel on harmonization of situations of service within the varied areas.
In each the CDC and the CA, Akinjide served and was visibly one of the prolific members. His singular function in drafting the 1979 Structure is underscored by his detailed printed speeches rendered at varied periods.
These grew to become, virtually as a working doc. Within the subsequent organising of political events, he returned to his political cluster within the resurgence of the Northern Peoples Congress below the brand new title Nationwide Get together of Nigeria (NPN). Admittedly nonetheless, it was probably the most nationwide and vast unfold of the six political events which emerged within the Second Republic. Within the subsequent election, he emerged Authorized Adviser of the Get together. This was deserving as he had served as President of the Nigeria Bar Affiliation from 1970-1973 and have become one of many first 13 legal professionals to earn Senior Advocates of Nigeria in 1978.
In Part 34 of Decree 73 (Electoral Diploma), and later contained as one of many important improvements of the 1979 Structure which has change into a significant cohesive issue for nationwide integration, is the availability {that a} candidate should acquire 25 p.c of votes solid in two-third of states within the federation to be declared winner.
Interestedly, the onus fell on Akinjide to check this provision within the courtroom and was the gravamen of the authorized battle in opposition to Awolowo. After the election, which held on August 11, 1979, the Chief Electoral Returning Officer, introduced Shehu Shagari of NPN because the winner. In accordance with the outcome, Shagari scored a complete of 5,688,857 votes adopted by Awolowo whose complete votes was 4,916,651.
Arising from this, FEDECO held the NPN had secured 25% of votes solid in two-thirds of the required variety of states in keeping with the extant legislation. Alternatively, conceding that Shagari had obtained the very best variety of votes solid on the election, Awolowo contended that mathematically talking, he didn’t meet the necessities as two-thirds of 19 states was not 13 states.
Within the subsequent authorized tussle, Awolowo secured the companies of the best authorized minds within the nation similar to G.O.Okay Ajayi, SAN, Abraham Adesanya, SAN in addition to mathematical geniuses, together with Ayodele Awojobi, professor of mechanical engineering on the College of Lagos and Chike Obi, professor of arithmetic on the College of Ibadan.
At a degree within the authorized battle, Awolowo, appeared in courtroom, adorned in his personal 1946 Internal Temple, authorized garbs. The actual authorized scrimmage, as technical because it was, was a form of archetypal David and Goliath form of authorized bout. Aside from the truth that the NPN authorized crew didn’t close to the renown of the UPN crew, in precise skilled expertise, the latter was by much more extremely rated.
It would stay to his everlasting credit score that Akinjide was completely unbaffled and self-confident to tackle the authorized and technical armada. This finds explanations on many fronts. In the beginning, is Akinjide’s identified brilliance and sharpness of thoughts.
In 1946, when Awolowo was referred to as to the Bar, within the Honorable Society of the Internal temple, Akinjide was only a high-flying scholar at Oduduwa Faculty in Ile Ife, the place he later made a report distinction Grade One (Mixture 6) in 1950 and emerged probably the greatest graduating college students in the entire nation. This was to repeat itself in the UK the place he had gone to review legislation, as he far outpaced his friends in efficiency.
Certainly, on completion of his authorized research in 1955, he returned to Nigeria and joined politics whereas practising Regulation, below the flying seal of Awolowo’s current construction; Motion Group which was in alliance together with his own residence IPP. Though comparatively junior to his opponents, all who have been concerned appreciated his sharp analytical abilities, which noticed him rise fairly exponentially within the career.
On this case, Akinjide needed to apply all identified authorized instruments; i.e. coping with the case from the foundations of legislation. Since legislation has typically been outlined because the science of the artwork of justice, he needed to apply one of the best use of logic, arithmetical, philosophy and customary sense. He needed to undertake an Aquinian form of strategy, detailed in his ebook “Treatise on Regulation”, in seeing jurisprudence as a journey right into a world of rationalization with an final vacation spot on the widespread good.
He delivered to bear a positivist authorized reasoning which graphically demonstrated the pure crucial, that after a number of years misplaced to navy rule, the form of political and authorized bickering which might give pretext for them to come back again and take energy once more needed to be averted, so a good resolution needed to be discovered.
On a private degree, it wants be remembered that Akinjide got here from an extended lineage of warriors. It’s recalled that after the break-up of the Oyo Empire, the next Yoruba Wars set a reign of confusion within the Home of Oduduwa.
His forebears have been subsequently amongst the unique band of strongmen who joined in 1829 to discovered Ibadan. He had grown up reckoning the wonder and energy in honor, valor and bravado. His family tree had been outlined in not backing out from sturdy challenges however taking them head on.
Akinjide made his complicated and considerably mesmerizing arguments earlier than the Supreme Courtroom, stating thus “to be able to get one-quarter of the overall votes solid within the thirteenth state, the reckoning should not be the overall votes however two-thirds of the overall votes; which means that when a candidate happy the requirement of acquiring one-quarter of the overall votes solid in twelve states and in two-thirds of the thirteenth state, then he must be accepted as having happy the requirement of scoring at the least one-quarter of the overall votes solid in every of at the least two-thirds of the 19 states of the federation.”
On September 26, 1979, 4 days to swearing-in, the bulk judges of the Nigerian Supreme Courtroom, comprised of among the most celebrated jurists, upheld Akinjide’s argument besides one who dissented, so he was in a position to defeat the good authorized crew of the opponent and the lineup of mathematical prodigy.
Moreover staving off a significant constitutional disaster which may have arisen from a hung election on the time, Akinjide’s means to use legislation and purpose to resolve lacunas within the electoral legal guidelines on the time, additionally introduced out some doctrines that are at the moment been utilized by electoral tribunals. One among these is the doctrine of “substantial compliance”.
Another authorized writers additionally recommend that it established the necessity of guaranteeing sufficient political expediency if there’s “substantial compliance” taking a look at all of the actions pertaining to the actual election in query.
Within the subsequent Shagari administration, Akinjide was made the Legal professional Normal of the Federation (1979-1983) and was famend for various legislation reforms. Most distinguished amongst them was the removing of firing squad for armed robbers from the penal system.
Because it pertains to legislation observe, he was additionally one of many first legal professionals of his ilk to begin the common publication of legislation journals which has continued as useful software to legal professionals and researchers. Throughout the Nigeria and Cameroon border dispute, he was introduced onboard as an adviser to the Federal Ministry of Justice, as the primary case was below the retainership of a British Regulation agency, Friedman and Co. Akinjide was additionally the founding Chartered Editor of the Nigerian Month-to-month Regulation Report (NMLR).
He was a fellow of the Institute of Arbitrators and a Previous Chairman and Life Member of the Physique of Benchers, of which he was probably the most senior member for a few years. As a lawyer, his contributions to the corpus of jurisprudence was gargantuan, surpassed by solely the likes of Chief Rotimi Williams.
Outdoors observe of legislation and politics, Akinjide was a founding member of Yoruba Council of Elders (YCE) in 1975. He was additionally Professional Chancellor and Chairman of Council of the College of Jos (1976-1979).
He additionally remained a voice for the folks of the South West within the plethora of consultations and bridge constructing interaction between leaders throughout the nation. He additionally served within the 2005 Political Convention and in 2014 Nationwide Convention and as one of many oldest delegates on the age of 82 years. He was additionally a significant moderating issue within the very peculiar politics of Ibadan.
More and more, the play of politics in Nigeria, like a lot of Africa is a far departure from the foundational ethos of ideology, soundness of ideas, deployment of mind and wit, nice patriotism, sacrifice and arduous work. Certainly, a centric trigger which many of the founding fathers held dearly, that’s from the times of the Ibadan Convention of 1951 via the collection of the Constitutional Conferences, the First Republic, the shock and pains of the Civil Battle, the collection of navy coups until the top of the Third Republic had been the necessity to maintain the home collectively.
Sadly, just like the metaphor of stars of the morning, that technology of leaders, continues to fade away with every passing day, eclipsing with them nice moments and landmarks which have introduced the nation so far. As it’s the method of males, the times of the founding father are scaling down, eclipsing with them nice moments and landmarks which have introduced the nation so far.
Sadly, the exit of Akinjide particularly, marks a significant level of departure and solely a recommitment to the beliefs which the likes of him stood for are wanted even at occasions like this in our journey into nationhood and state-building. The code of life was etched in stable character on the private degree and pushed by the hunt for the widespread good as the article of political participation.
Associated
Supply: www.vanguardngr.com
