Opinion
Tribute to Prof. (Chief). Toriola Ajagbe Oyewo, SAN designate at 91 years
In my early years at the Bar, precisely in 1995, I was doing my pupillage in the commercial law firm of Dele Akinmusuti & Co , then situated at 23, Mogaji Are Street, Off Ring Road , Ibadan, Oyo State of Nigeria.
A notable client of the law firm referred a brief to me and I was paid a very handsome professional fees which was then the equivalent of my 7(seven) months salary . I put in my very best into the drafting of the certorari process that I filed before the High Court of Justice, Ibadan.
The person who referred the case and the client to me is a very wealthy client who had confided in me that the client was a very dear sidekick of his and that I must do all within my capacity to render useless and ineffectual the kangaroo customary court judgement obtained by her landlord to eject her from a coded property he got for the pretty damsel at Iyaganku GRA in Ibadan. The case financier also warned me that my Principal who is his friend must not know about the relationship between him and the beautiful client. That I so much understood because Mr. Dele Akinmusuti is a born-again Christian who will not tolerate such unholy escapade.
Faithfully, I kept that secret pact because the brief was very fat.
Professor Toriola Oyewo represented the party interested/ respondent , the landlord in the case which was assigned to Hon. Justice John Olagoke Ige , of blessed memory. My Lord Ige was one of the finest Judges that had presided on the very rich and resourceful judiciary of Oyo State which bench is unarguably the best in the whole federation till date.
After we were granted leave to quash the judgement of the inferior court and the order of court together with the motion on notice was served on the landlord, the services of Professor Oyewo was retained to represent my Client’s adversary .
We were served with a counter-affidavit and we promptly responded by way of further affidavit.
On the 14th day that the matter was to be heard, Professor Oyewo applied to withdraw his counter-affidavit and same was struck out without any opposition by me. The court asked me to move my certiorari application , which I did and I also addressed the court extensively by citing several decided authorities in support of client’s case. That period was good years of oral advocacy because the present front-loading system of written addresses were not in use then.
When it got to the turn of Professor Oyewo, the learned Senior counsel informed the court, expectedly, that he was replying on points of law only. He attacked my case from the angle that the judgement of the inferior court could not be quashed by the high court on the ground of lack of jurisdiction upon which our case was not apparent on the face of the record of the customary court. The erudite Professor submitted further that the court could not take judicial notice that Iyaganku GRA is within the 10km radius of Mapo in the absence of expert evidence to that effect and that it is not a matter of assumption or conjecture by the court.
Mapo in Ibadan is accepted to be the centre of Ibadan and any property within its 10 kilometres radius is held to be within the urban area of Ibadan. Prof. Oyewo asked the Judge rhetorically if the court would allow me to turn My Lord into a land surveyor overnight. Furthermore, that I did not exhibit my Client’s rent receipt for the court to be satisfied and convinced that the rental value of the property was outside the jurisdiction of the customary court.
The court adjourned the matter for ruling after the addresses of both of us had been taken.
In a well considered ruling delivered by the court, my certiorari application was dismissed as the court agreed entirely with Professor Oyewo. I became devastated the following day when my client and her financier came to meet me in the chambers that the lady had been ejected from the premises by the Bailiffs of the Oke-Are Grade C Customary Court, thus bringing to an abrupt end my fat retainership.
I took the aftermath of the case too personal because I refused to greet or acknowledged the greetings of the eminent Senior counsel whenever we met at any of the numerous clubs that he also frequented. I was always, politely, turning down Prof’s offer, politely though, to pay for my meals and or drinks whenever we met. He was fond of telling me jokingly that my behaviour was strange to both the traditions at the Bar and Ibadanland, yet I didn’t yield my ground due to my youthful exuberance at that time.
There was a thaw in our relationship in 2001 when some colleagues and myself met the learned Professor at a popular restaurant in Basorun, Ibadan. My friends had accompanied me there to woo a lady who had became a nut too hard to crack for me. The lady snubbed us that evening and insulted us to the hearing of Chief. I was more than surprised when Prof beckoned to the lady to come over and told her that she cannot get a better suitor anywhere in Nigerian than this promising and brilliant colleague of his( he referred to me as his colleague). As if we were all dreaming, the lady melted immediately and agreed to follow us to a night club that day. Lo and behold, she did. What followed thereafter is best left for my readers’ imagination.
That singular act endeared me to Professor Oyewo and we became very close thereafter to the extent that he gave me complimentary copies of the numerous books that he wrote and he still does that till date.
Besides being a cerebral and brilliant legal practitioner, he is an erudite teacher and a repository of political history , economics, localities, events and people . Professor Oyewo is also a first class Socialite who, till today, enjoys life to the fullest. The grace of God in his life is manifest in his good look and his good health. At 91 years of age, he still drives himself arround till date. His memory of cases, history and anything under the sun is superb and second to none.
My joy knew no bound when I was asked by Senator Abiola Ajimobi of blessed memory, the former Governor of Oyo to represent him and the state at Prof’s 80th birthday on which occasion that I narrated the story of the case highlighted above for the first time. The learned Professor, his bosom friend, High Chief Akinnola( now of blessed memory), the Lisa of Ondo Kingdom and all the guests at the event rolled in laughters on hearing the account.
Professor has since become a father -figure to me , a mentor , a role model and a great teacher. Chief M.K. Amusan-Awolesu , a big brother to me and one of the bosom friends of Senator Abiola Ajimobi later informed me that Professor Oyewo had been his mentor since his childhood and that no week will pass without Prof personally checking on him and his family till date.
The news of Professor Toriola Oyewo being one of the recipients of the coveted rank of Senior Advocate of Nigeria at advanced age of 91 along with my Partner, Kazeem Adekunle Gbadamosi Esq. who, perhaps, was a toddler when Prof was called to the Nigeria Bar , did not come as a surprise to me because Ebenezer Obey had long predicted in one of his evergreen musical albums in the 1970s,https://youtu.be/GOUOJeL4VGI
where he sang of Chief that ” Eye adaba wa gbe ire wa ko wa o”.
The award to Papa at 91 is the Privileges Committee of giving Prof his due , meritorious and well-deserved honour ( ire and eye) in his ripe old age while still alive.
May the good Lord continue to preserve a legal encyclopedia, a quintessential gentleman and a Teacher of Teachers, Professor Toriola Ajagbe Oyewo of the Erunmu fame and a devoted Seventh Day Adventist for us all for many more purposeful years.
Even at 91 years, it is still appropriate for me to greet you Good morning, Professor Toriola Ajagbe Oyewo, SAN Designate.
Mutalubi Ojo Adebayo Esq., is the
Asiwaju of Ita-Ege & Idi-Aro, Ibadan, and Hon. Attorney-General and Commissioner for Justice , Oyo State of Nigeria between 2011 -2015
Opinion
NASS Pensioners: How Akpabio, Abbas Should Not Treat The Elderly
On Monday and Tuesday last week, workers and political operatives within the precincts of the new Senate building in the National Assembly complex, Abuja, were treated to a replica of the Theatre of the Absurd. This type of drama originated in Europe and later spread to America in the 1950s. It was influenced by existential philosophy and Albert Camus’s essay The Myth of Sisyphus.
In that work, Camus captured the fundamental human needs and compared the absurdity of man’s life with the situation a figure of Greek mythology, Sisyphus found himself, where he was condemned to repeat forever the task of pushing a boulder up a mountain, and repeatedly sees the same roll down the hill as he approaches the top.
He, thereafter, juxtaposed life’s absurdities with what he called the “unreasonable silence” of the universe to human needs and concluded that rather than adopt suicide, in frustration, “revolt” was required.
82-year-old Dr. Muhammed Adamu Fika, former Clerk to the National Assembly and former Chairman, of the National Assembly Service Commission (NASC), who calls himself the “smaller Adamu Fika,” must have come across the Camus essay in deciding to lead an emergency meeting of the Council of Retired Clerks and Secretaries of the National Assembly on November 18. The emergency meeting, which was jointly held with members of the Association of Retired Staff of the National Assembly was meant to salvage the pathetic plights of the National Assembly retirees.
Eighty-two-year-old Fika can hardly gather the pace to navigate round the corners of the National Assembly, but he insisted on making the trip to enable him to preside over the meeting as the Chairman of the Board of Trustees of the Council of Retired Clerks and Secretaries. As his retiree colleagues, many of whom are far younger, saw him struggling to walk the required distance from the Bola Ahmed Tinubu Library, originally fixed as venue to the new Senate building, they had to provide some shoulders to lean on. At one stage, an office chair was converted to a wheelchair to ensure the elderly Fika got to certain locations. It was a sad tale, especially if you look at the essence of Fika’s trip to the National Assembly. He was there to preside over a meeting to press home the need for the payment of the entitlements of National Assembly retirees. An alarm had earlier been sounded on the different Whatsapp platforms of the retired workers of the National Assembly to the effect their members were dying in numbers. It was revealed that no fewer than 20 retired workers had died awaiting the payment of their entitlements in the recent past. Another set of retirees numbering 12 were said to have been bedridden in different hospitals across the land. That alarm was more than enough to prompt Fika and his retiree colleagues to an emergency meeting. But the sight of an elderly man, fighting a just cause on an improvised wheelchair was more than absurd.
Payment of the entitlements got stalled after former President Muhammadu Buhari assented to the National Assembly Service Pensions Board Act, 2023, which mandated the National Pensions Commission (PENCOM) to hand over assets of the staff of the National Assembly in its custody after the passage of the National Assembly pension law.
In the beginning, there were no signs that things would go south on the implementation of the Act. Three months after the National Assembly Service Pensions Board Act came into effect, PENCOM had written the management to convey its decision to hand off the pension assets of the staff of the National Assembly, while requesting the National Assembly management to provide it with account details to remit the accrued funds. The 10th Senate and the House of Representatives also provided hope for the retirees by providing a take-off grant to the tune of N2.5 billion in the 2024 budget. However, the NASS management could not comply with the request from PENCOM because the Pensions Board had not been inaugurated. Months after months, the retirees waited. Those who were already enjoying their benefits when PENCOM was administering had the payments terminated, while the waiting game ensued.
In trying to fast-track the implementation of the Act, Fika, as the Chairman of the Board of Trustees of the Council of Retired Clerks and Secretaries had forwarded a letter to the President of the Senate, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, intimating them of the council’s recommendations for positions in the National Assembly Service Pensions Board.
Fika said in the letter, dated February 27, 2024, that “Considering the pathetic health conditions of our retired colleagues, Your Excellency will agree with me that the establishment of the National Assembly Pensions Board is overdue five (5) months after Mr. President’s assent.” He said that his letter was premised on the provisions of Sections 2 and 17(3) of the National Assembly Service Pensions Board Act, 2023, which indicate that the presiding officers of the National Assembly shall make the appointments subject to recommendations of the Council of Clerks and Secretaries. But some persons are insinuating that the undue delay might have been instigated by two strange bedfellows-politics and money. Where the two are involved, simply things hardly follow a straight course. However, nothing justifies the nearly 20-month delay in inaugurating the Pensions Board.
At the end of the emergency meeting on Monday, further meetings were said to have been scheduled at the instance of the Senate President, Akpabio, his deputy, Jibril Barau and others but there were no conclusive steps, yet.
A communique released after the meeting indicated that the retirees observed that the National Assembly Service Pensions Board Act, 2023 went through full legislative process in the 9th National Assembly and was assented to by President Muhammad Buhari. It further noted that the delay in implementing the Act has caused undue and untold hardship to the retirees who are unable to access their retirement benefits, adding that while a number of the retired Staff have died, many others are bedridden due to sufferings occasioned by the non-payment of their entitlements.
According to the communique, the meeting decried the pains the retired staff have been subjected to and recalled that appropriate recommendations as per the composition of the Pensions Board have been made to the Presiding Officers of the National Assembly, in line with the enabling Act.
Opinion
The Fuji Music House Of Commotion
Like every lover of Yoruba traditional music, language and culture, I have of recent been inundated with requests to lend a voice to the newest raging fire in the Fuji music genre. Since the passage of Alhaji Sikiru Ayinde Balogun, popularly known as Ayinde Barrister or Agbajelola Barusati, there have been longstanding tiffs on whom of the trio of Ayinde Omogbolahan Anifowose, KWAM 1; self-named King Saheed Osupa (K.S.O.) and Wasiu Alabi Pasuma, was the “King.”
These musicians’ recent quest for supremacy is not new. From time immemorial, supremacy battles have been part and parcel of Yoruba music. Apparently now tempered by modernity, in the olden days, the battles were fought with traditional spells, incantations and talisman aimed at deconstructing and liquidating their rivals. Mostly fought on genre basis, I submit that pre and post-independence entertainment scene would have been livelier, far more robust than it was but for the acrimonious liquidating fights of those eras.
In the Sakara music, Abibu Oluwa, a revered early precursor of this Yoruba musical genre, who reigned in the late 1920s and 1930s, had Salami Alabi Balogun, popularly known as Lefty Salami, Baba Mukaila and Yusuff Olatunji as members of his band. Oluwa praise-sang many Lagos elites of his time, especially Herbert Macaulay to whom he sang his praise in the famous track named “Macaulay Macaulay.” In it, he sang the foremost Nigerian nationalist’s alias of Ejonigboro – Snake on the Street and prayed that he would not come to shame.
Sakara also produced the likes of S. Aka Baba Wahidi, Kelani Yesufu (alias Kelly). It was sung with traditional Yoruba instruments like the solemn-sounding goje violin whose history is traced to the north, and the roundish Sakara drum, beaten with stick and whose appearance is like that of a tambourine. Sakara music is often called the Yoruba variant of western blues music because of its brooding rhythm though laced with a high dosage of philosophy.
When Oluwa died in 1964, he literally handed over to Lefty who, born on October 1913, died December 29, 1981. Lefty, a talking drummer under Oluwa, churned out over 35 records before his demise, one of which was a tribute to Lagos monarch, Oba Adele (Adele l’awa nfe – Oba Adele is the king we want) and another to the Elegushi family. I dwelt considerably on Sakara because it is believed to have had considerable influence on other genres of traditional African Yoruba music, especially Apala and Fuji, with the former sometimes indistinguishable from Sakara.
Apala music, whose exponent is said to be Haruna Ishola, originated in the late 1930s Nigeria. Delivered with musical instruments like a rattle (Sekere) thumb piano, (agidigbo) drums called Iya Ilu and Omele, a bell (agogo) and two or three talking drums, Apala and Sakara are the most complex of these genres of traditional Yoruba music, due to their infusion of philosophy, incantations and dense Yoruba language into their mix. Distinct, older and more difficult in mastery than Fuji music which is considered to be comparatively easy to sing, Ayinla Omowura, Ligali Mukaiba, Kasumu Adio, and many others were Apala leading lights of the time. The three genres have very dense Islamic background.
The latest entrant of all the three genres is Fuji. Pioneered by Ayinde Barrister no doubt, for an Apala musician biographer like me, I am confused that Omowura, as far back as early 1970s, asked listeners in need of good Fuji music to come learn from him – “Fuji t’o dara, e wa ko l’owo egbe wa…” Sorry, I digressed.
While KWAM 1 emerged with his Talazo music from the ashes of his being a music instrument arranger for Barrister’s musical organization in the early 1980s, the feud in the house after Barrister’s death erupted when narratives allegedly oozed unto the musical scene that KWAM 1 referred to himself as the creator of Fuji music. He however promptly denied the claim. For decades, Osupa and Pasuma were locked in horns over supremacy of the Fuji music genre. In August 2023, the two however seemed to have decided to thaw their feud as they shared stage with Wasiu Ayinde, at Ahmad Alawiye Folawiyo, an Islamic singer’s 50th birthday celebration in Lagos. KWAM 1 glibly acted as their senior colleague at the event.
As an indication that they are no bastards of the teething and recurrent supremacy battles that emblemize traditional Yoruba music, the three Fuji music icons seem to have gone into the trenches again. It first started with Taiye Currency, an Ibadan-based alter-ego of Pasuma picking a fight with the musician who self-styled himself Son of Anobi Muhammed’s Wife. In a viral video, Currency had disclaimed reference to Pasuma as his “father” in the music industry. In another video not long after, KWAM 1, like some kind of father figure, was shown asking Currency to apologize to Pasuma.
A few days ago, a video of Osupa went viral. Therein, he was chastising a particular hypocrite he called “Onirikimo” and “alabosi”, who is “stingy and is ready to shamelessly collect money from those under him.” Osupa also claimed that this “shameless elder” had strung a ring of corn round his waist and should be ready to be made fun of by hens. Watchers of the endless tiffs among these Fuji icons swear that KWAM 1 was the unnamed Fuji musician Osupa was casting aspersion on.
The trio of Sakara, Apala and Fuji music also witnessed such petty squabbles. While many claim that the fights were promotional gambits aimed at having their fans salivate for their hate-laced musical attacks against one another, some others claim that the rivalries were genuine. In the Apala music scene, Haruna Ishola and Kasumu Adio fought each other to the nadir, with Adio, who sang almost in the same voice and cadence as Ishola, suddenly vamoosing from the musical scene. Rumours and speculations had it then that a mysterious goat bit Adio and rendered him useless. While Ayinla Omowura also fought Fatai Olowonyo, Fatai Ayilara, among others in the Apala genre, the duo of Yusuff Olatunji and S. Aka also feuded till their last days. This is not to mention the interminable fight between Kollington Ayinla and Barrister.
If the tiff between the trio of KWAM 1, Osupa and Pasuma is about age and Yoruba traditional respect for elders, KWAM 1 would easily go away with the trophy of the best of the three. However, if philosophical depth, musical elan, research of lyrics and deployment of Yoruba language are at issue, none of the other two musicians can unbuckle Osupa’s sandals. Osupa began his musical career in 1983 as a teenager and has gone through the mills, his late father being a musician, too and Awurebe music lord, Dauda Epo Akara’s musical contemporary.
Unlike their predecessors, the three Fuji musicians are literate and should thus address their musical issues in more mature manner. Osupa even recently bagged a degree from the department of Political Science, University of Ibadan. One thing they should know is that, whether one is supreme to the other or not, their fans will readily queue behind the brand that delights them.
Opinion
Almajiri: Why Northern Leaders Must Look Themselves in the Mirror
Two incidents happened during the 1994/95 NYSC service year, which I was part of in Birnin-Kebbi, Kebbi State, and they gave me profound culture shocks that I still remember till today. I would equally say that those incidents probably justified the Federal Government’s decision to float the scheme.
We were told that part of the reasons General Yakubu Gowon floated the NYSC was to ensure national integration, cohesion and exposure of young Nigerians to cultures of other parts of the country other than where they were born.
First was the shock of seeing a director that I was attached to in the then Government House, who had just taken a new wife, and sat among drivers, gate men and other junior staff to dine. I saw them seated round a huge iron pot of Koko, a local delicacy, exchanging one big spoon made of calabash, as each took turns to use the spoon to eat the delicacy. It was as if I was witnessing a scene where children of a big family were struggling to catch a portion of food or where people were eating Saara, as they say it in Yorubaland.
As I walked past the noisy crowd, I was transfixed seeing the newly-wedded director among the lot. He saw me standing still, as I couldn’t comprehend what he was doing there, and he got the message. ‘Taiyo, (as he used to call me) you won’t understand,’ he said as he waved to me to keep going. When we later saw, he explained that what he just did was a way of assuring the commoners that ‘we are all one,’ as they felicitated him on the new bride. But I could not fathom how the occupant of a ‘huge office’ as that of a director in a Government House , would sit among “commoners” on a tattered mat to share a single spoon and eat in public.
The other incident was quite pathetic. My friend, Tunde Omobuwa, was posted to a school in Yauri, in the southern part of the state, for his primary assignment. But he found the place boring on weekends. So, he arranged to always be with me on weekends.
One such weekend, we decided to take a stroll round the streets near the Government House. We took off from the place of my primary assignment, the Federal Information Centre; bought corn beside the office, and started ‘blowing’ the ‘mouth organ’ as we strolled. We were too engrossed in our gist and the sweetness of the corn to note that some young boys were trailing us, praying that some leftovers of the corn would drop for them to scavenge. Somehow, the two of us dropped the corn cob almost simultaneously. We were more than taken aback by a commotion that erupted at our back. Four eight or nine year-olds had descended on the supposed leftovers and broken the corn cobs into pieces. I was again transfixed as if one was hit by an electric shock. Remember that feeling when you play with electric fish?
I was moved to tears as I had never ever seen a group of children scavenging on nothing as it were. I beckoned to the kids and offered them N20, which was the highest denomination at the time, and with some smattering Hausa words told them to go buy their own corn from the same place we got ours. As they left, heading to the corn seller, I couldn’t erase that ugly sight from my mind. Was it really possible that some people scavenge on nothing this way? I was later to see incidents of children swarming around restaurants and pouncing on near empty plates.
These incidents told me clearly that the North was a different place and that the life of the boy child is not only risky and endangered but sold to stagnation and deprivation, unless you are one of the lucky few.
Having benefited from the free education policy of the Unity Party of Nigeria (UPN) between 1979 and 1983, when the Second Republic was terminated, I knew that there is a lot the government can do in educating the children. In my secondary school days, I was the Library Prefect at one point, and so I saw an excess of books supplied by the government to our school. So, I was an example of the feasibility of free education. It was the same way the Action Group government had handled education in the years preceding Nigeria’s independence and the First Republic.
So why can’t the state governments in the North declare free and compulsory education for the young ones out there? Why should children be made to scavenge on empty corn cobs just to see if they can find pieces of seeds left over?
And why was my director giving drivers and gate men in the Government House false hope that they were all the same, instead of him to challenge them to seek to lift themselves up the social ladder?
I think there was no excuse for the North not to have adopted a free education policy, just as Chief Obafemi Awolowo did in the South-West. And if we say the North needs to look itself in the mirror, you again remember the efforts by President Goodluck Jonathan to educate the multitude of Northern children through the Almajiri Schools. That government built more than 400 of such schools, which were abandoned because it could upset the oligarchy. The oligarchs forgot the truism that the children of the poor they refuse to train today won’t let their children sleep peacefully.
But the governor of Borno State, Prof Babagana Zulum, appears to have got the message. Last week, I was thrilled to see him organise a summit to reform the Almajiri system.
The Almajiri education system is a traditional Islamic method of learning widely obtained across states in northern Nigeria. Through that system, which is tied to Islamic teaching, youths, especially boys are kept out of the formal western education system. I don’t know why the teachings by Islamic scholars cannot go alongside that of Western education as it obtains in Saudi Arabia, Iran, Iraq and other Islamic countries that are doing well economically and in the world of science, technology.
While addressing the summit, Zulum had mentioned the need to address the root causes of insecurity through the provision of education for citizens of Borno, adding that improper teaching of Islamic studies has contributed to the emergence of Boko Haram insurgents in the state.
According to him, to curtail whatever is the adverse effect of Almajiri education; the Borno State Government has established the Arabic and Sangaya Education Board to introduce a unified curriculum for Sangaya and Islamic schools. He said that the reform would include establishing Higher Islamic Colleges to cater for Almajiri children and blending the religious teachings with the secular curricula as well as skills.
He said: “The Sangaya Reform is a great development. It will give Almajiri a better chance in life, particularly the introduction of integrating western education, vocational, numeracy, and literacy skills into the centres, which are also described as Almajiri and Islamic schools.
“Distinguished guests and esteemed educationists, government’s intention was to streamline the informal and formal education systems to quality integrated Sangaya School for admission into colleges and universities.”
One would have thought that governors with radical postures like Nasir el-Rufai and others before him would have proposed this type of reform, but it is better late than never. Zulum should be supported to get something out of this.
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