Orowhuo W. A. Okocha is an alumnus of both the Kwame Nkrumah University of Science and Technology (KNUST), Kumasi, Ghana, where he obtained LLB degree, and Brunel University, London, United Kingdom, where he had both an LLM and a PhD. He was called to the Nigerian Bar in 2008. In this interview, he shares his views on law practice, COVID-19 experience, future of the legal profession and sundry national issues. Legal Editor, JOHN AUSTIN UNACHKWU met him.
WHAT has law practice been like?
In all honesty, my experience to date in legal practice has been a rather memorable one, and one that I am immensely grateful that I have been opportuned to have.
In the years since I was called, I have been fortunate enough to have appeared before courts at every level of the judicial hierarchy in Nigeria – the Magistrates’ Courts, the High Courts, the Court of Appeal, and even the Supreme Court.
I have even come to realise that, more than just being a legal practitioner, the area of legal practice that I seem to thrive in most naturally is litigation.
I respect my colleagues, including my two sisters, who have diversified, and have thrived in other areas of law practice, but for me, litigation is where I derive the most fulfilment.
As a caveat, I should probably state that, as should be expected, there have been ups and downs, and a few speed bumps along the way, and I make no claim to have gotten a favourable judgment for and on behalf of my clients in every matter that I have handled.
But I wake up every morning with a prayer of gratitude for the opportunityto practise law and live out the dream I first had as a young boy – the dream of becoming a lawyer.
Why did you prefer staying at the Bar to going to serve at the Bench?
There are three main reasons why I prefer to stay at the Bar than going to serve on the Bench.
First of all, I have a lot of respect for judges and judicial officers, the work that they have to do, and the responsibilities that they bear on their shoulders.
I do not, however, envy them for the foregoing. They have to conduct trial proceedings, listen to arguments from counsel for the parties, read through copious amounts of legal submissions and judicial authorities and, at the end of the day, decide one way or the other, and issue written rulings and/or judgments in line with the extant provisions of the law.
They have to do all this, and their job is still a thankless one, because they are still at the risk of being petitioned for bias by disgruntled parties and, after all their effort in preparing and delivering a judgment or ruling, they still have dissatisfied parties going on appeal!
Conversely, at the Bar, my focus is simply canvassing the case of my client, within the extent of my understanding of the law, and, even if I try to be conscientious in my application of the principles of law, I am of the belief that society is more likely to be forgiving of a legal practitioner displaying overt bias in favour of the client he represents.
In other words, at the Bar, I am only focused on presenting one side of the story, whereas a judge or judicial officer has to listen to both sides of the story, and ultimately decide on and make a pronouncement that affects the rights and interests of the parties involved. I certainly imagine that to be a more demanding job than the one I currently have.
Secondly, there appears to be a wider range of movement available at the Bar. A judge or judicial officer, once appointed, from my estimation, remains situate in one jurisdiction for the greater part of his career.
A judge of the High Court of Rivers State, for example, will only sit and preside over matters in Rivers State. Of course, the judge in this hypothetical situation may be elevated to a higher bench, and so get to sit and preside over matters in a different part of the country, but as a legal practitioner representing the interest of my clients, I can appear in court in Port Harcourt tomorrow, in Lagos the following week, Benin the next, and even go and appear at the Apex Court in the Federal Capital Territory.
I don’t have wanderlust, but it adds a little flavour to things knowing that travel is sometimes necessary, even when doing my job.
Finally, and this is a more light-hearted reason, when one looks at the Code of Conduct for Judicial Officers in Nigeria, one will find that serving on the bench also requires Judicial Officers in Nigeria to live a rather conservative lifestyle.
In my personal life, I consider myself to be a bit of a social butterfly. I am easy-going, and like to enjoy life in the company of my family and friends.
This is not to say that the Rules of Professional Conduct for Legal Practitioners (“RPC”) do not enjoin legal practitioners to live conservatively, or to be fit and proper persons, but I believe that if I am at a party and dancing away, I am not as immediately concerned about contravening any of the provisions of the RPC as a judicial officer might be in the same situation.
Your dad, O. C. J. Okocha (SAN) is one of the torchbearers of the legal profession. How has he, his practice and image as a legal colossus impacted your practice?
Let me start by unequivocally agreeing with you that O. C. J. Okocha (SAN) is a legal colossus! I gave an interview sometime in 2018 wherein I said that there were only two achievements he had not yet attained at the Bar: becoming the Chairman of the Body of Benchers, and being appointed the Attorney-General of the Federation.
I would like to provide an update. On April 1, 2020, he became the Chairman of the Honourable Body of Benchers, meaning that the only outstanding achievement possible for him in the legal profession is to be appointed the Attorney-General of the Federation.
Suffice to say that, even after 42 years in practice, in what many people might consider to be the twilight of their careers, he is still waxing strong and unlocking new achievements!
As for the impact of his practice and image on my own practice, he is and will always be my greatest role model and a constant source of inspiration.
I am perpetually in his shadow, however, and people are quick to assess and compare me with him and his antecedents.
The effect of this, to put it the way one of my mentors, Rufus N. Godwins puts it, is that I have a famous name and have a pedigree in my chosen profession. As it were, he said, some people will automatically like me, while some people will automatically dislike me, just at the mere mention of my name.
He therefore advised, and this is something I have taken to heart, that I should simply adopt an attitude of hard work and zeal, in a bid to establish myself as a legal practitioner in my own right, and not worry about who likes me or dislikes me.
In essence, the impact of having such an illustrious legal practitioner and a legal colossus as my father is that not only is he a source of inspiration, but it has caused me to adopt an attitude of hard work and a zeal to carve my own niche, with little attention paid to whether or not people like or dislike me because of my pedigree.
What is your vision for the Bar, the NBA of your dream; what will it look like?
My vision for the Bar and my dream for the NBA is simple – I would like to see our profession return to the glorious heights of yesteryears.
There is no gainsaying that, in recent years, the standards, dignity, respect and professionalism typically attributed to our noble profession appear to be rapidly declining, and the NBA stands the chance of losing its collective voice as a pressure group if nothing is done.
I would also like to see a responsive Bar, one that meets the needs and aspirations of its members, young and old, and the society at large.
On the whole, this is an election year for the NBA. What kind of person would you like to be elected as President of the Bar?
A strong, resolute and dynamic leader. One who is not afraid to lead from the front, and one who is able to harness the diversity of the different ethnic nationalities and tribes of the members of the association and create synergy, all in search of the NBA that we need and deserve.
COVID-19 Pandemic has been here with us for some time now. What would you consider to be the lessons of the pandemic and, going forward, how do we sustain the gains?
Perhaps the greatest lesson the COVID-19 pandemic has taught us as legal practitioners is that our approach to practice and procedure was mostly antiquated, and that there is the need to adopt robust ICT tools if the legal profession is to remain relevant and an integral part of the society.
With the preventive measures of social distancing and prohibition of large gatherings, it has been impossible for courts to sit normally for several months now.
Going forward, the challenge is straightforward, albeit one that requires careful planning and strategising, but the legal profession has to adapt to ICT tools and equipment, and rejig our practice and procedure to keep pace with a rapidly changing world.
You contested for the office of Secretary of the NBA Port Harcourt Branch. What was the outcome of that election? Did you win or lose that election? What lessons did you get from that outing and any need for the amendment of the branch byelaws?
Yes. I contested for the office of Secretary of the NBA Port Harcourt Branch, at the elections which held on Thursday June 25, 2020.
I did not emerge as the duly elected Secretary of our great branch, but there was only one winner at the elections: the NBA Port Harcourt Branch.
The hallmark of leadership is in the ability of leaders to ensure a smooth transition of power from one administration to the next, and my branch achieved that seamlessly, and in an innovative manner too.
The Port Harcourt branch has now joined the ranks of branches who conduct their elections via electronic means, and this was a welcome development, particularly in the light of the ongoing COVID-19 pandemic.
What lessons did you learn from there?
There were many lessons learned from throwing my hat in the ring, the main one being that more people are watching your every move than you realise.
I received such an overwhelming outpouring of encouragement and support from so many corners that I was humbled. I often joke that because of my physical size, that I am not that easily ignored, but I still had no idea just how many people were aware of my antecedents and were willing to support me along the way until I picked up my nomination form.
Permit me to use this opportunity to say a huge thank you again, to everyone who supported and encouraged my campaign!
Which aspect of our byelaws would you like to be amended, take care of the flaws you observed in that election?
I don’t know that I have the power to call for an amendment of the Branch Bye-Laws, but I was concerned by the large scale disenfranchisement of so many members of the branch at our elections, and I feel that perhaps something can be done about it.
The Port Harcourt branch has produced two Presidents of the NBA, more than 20 SANs, several members of the Body of Benchers, including Life Benchers, numerous national officers, and has over 4,000 members.
Regrettably, several of these categories of persons were not eligible to vote, and only 312 votes were cast, from a list of only 378 voters – less than 10 per cent of the registered and financially compliant members of the branch.
This is perhaps best debated at NEC meetings, but perhaps it might be possible to get a more inclusive electorate by either waiving the meetings attendance requirement for voters, as obtained at the National Bar elections or, at the very least, creating an exception for National Officers, past and current, SANs and Benchers.
What is your candid advice to NBA Presidential candidates in the forthcoming elections.?
I don’t think of myself as important enough to advise any person as eminently qualified as the three candidates we have contesting for the office of President this year, but I shall nevertheless seize the opportunity and say to, not just those seeking election as NBA President, but to all candidates at the forthcoming elections, that we are all members of the largest Bar Association in Africa, and that the success or failure of the association is our collective responsibility.
As it were, the collective goal should be more important than any personal aggrandisement, and even if only one person will be sworn-in as President, 1st Vice President, General Secretary, etc, everyone should remain committed to the cause, and share their ideas and thoughts as to how best to chart the course of our great ssociation, whether or not they hold any substantive office.
Source: thenationonlineng.net
