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Tribute to Prof. (Chief). Toriola Ajagbe Oyewo, SAN designate at 91 years

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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.

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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.

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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.

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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

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Opinion

OYO101: ADELABU— When will this generational ‘UP NEPA’ chant stop?| By Muftau Gbadegesin

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The Minister of Power, Oloye Bayo Adelabu, has apologized for lashing out at Nigerians over poor energy management.

I hope Nigerians, especially our people from Oyo state, forgive and overlook his Freudian slip. Given that apology, I believe the minister has realized his mistakes and will subsequently act accordingly. In days that followed the minister’s vituperation, many otherwise cool-headed and easy-going observers quickly joined the band of critics and cynics. By the way, what BAND do you think those critics belonged to?

Plus, how best do you describe kicking someone who is down already? The flurry of condemnation that followed Oloye Adelabu’s ‘AC-Freezer’ sermon must have surprised and shocked him. Instead of sticking to his prepared speech, he decided to dash off by telling Nigerians some home truth. Quite amusingly, the truth, it turns out, is not the truth Nigerians want to hear. And as they say, ‘There is your truth, my truth, and the Truth.’ The fact is that Nigerians are angry at many things, the sudden hike in electricity tariff being one.

Perhaps the Minister’s press conference, an avenue to calm fraying nerves and address critical issues, quickly congealed into an arena for an intellectual dogfight – if you watch the video, you will hear the murmur that rented the air the moment that terse statement was uttered. While some influencers tried to downplay the minister’s jibe, they were instead flogged in their whitewashing game. Frankly, I am not interested in the minister and the energy management brouhaha. What I am indeed interested in is what the ministry and minister are doing to restore light in a country where darkness has permeated much of its landscape – don’t mind the confusion the minister and the ministry have created to disrupt the conversation around that vital sector of the economy.

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‘Up NEPA’, Lol

Trust Nigerians. When the defunct National Electric Power Authority failed to end the perennial and persistent darkness in the country, it was ironically dubbed ‘Never Expect Power Always.’ And when the company morphed into PHCN, Nigerians berated the name change, saying the company would hold more power than it would release. True to that assumption, PHCN indeed held more power than it gave to the people.

Then, in 2013, Nigerians woke up to the news of DISCOs, GENCOS, GASCOs, and so on. DISCOs for distribution companies, GENCOs for generating companies, and Gascos for gas suppliers. Of all these critical value chains, only DISCOs were handed down to private enterprises. Think of IBEDC, AEDC, IEDC, BEDC, etc. Unfortunately, the privatization of the distribution chain hasn’t transformed the sector’s fortune for good. More interested in the money but less motivated to do the dirty work of revamping the infrastructure.

Like a typical Nigerian in a ‘band E’ environment, I grew up chanting the ‘Up NEPA’ mantra whenever power is restored at home – and I am not alone in this mass choir. As a rural boy, the ‘Up NEPA’ chant is etched into our skulls from time immemorial. Sometimes, you can’t even tell when you start to join the chorus; you only know that you say it automatically and auto-magisterially. Many years down the lane, the persistent power cuts, blackouts, and grid collapses have worsened. And under Minister Adelabu, power supply, based on my little experience, has never reached this depressing point in history.

As a content creator, I can tell you Oloye Adelabu may likely go down in history as the most inconsequential minister of power unless something drastic is done to restore people’s confidence and bring about a steady, stable, frequent, and regular power supply. You may have seen on social media how most Nigerians who migrated abroad often find it difficult to shed that ‘Up NEPA’ chant from themselves once a power cut is fixed in those countries. Like the rest of their countrymen, they have internalized that mantra. Only after they’ve acclimatized to their new environment would they become healed of that verbal virus ultimately.

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‘Adelabu, end this chant’

This is a challenge. In my column welcoming Oloye Adelabu into the critical ministry of power, I asked a rhetorical question: Can Adelabu end the penkelemesi in the power sector? In Nigeria, is there any other economic sector troubled by multidimensional and multifaceted peculiar messes than the power sector? Adelabu’s grandfather, Adegoke Adelabu, was nicknamed Penkelemesi. History has it that the colonial masters, tired of that Ibadan politician, decided to describe him in the punchiest way possible: a peculiar mess. Quickly, a peculiar mess spread across like wildfire: the white men have described Adegoke as a peculiar mess. Translated to Yoruba, we have Penkelemesi. In retrospect, the minister must have realized the situation he met on the ground is better than what is obtainable now. He needs to own up, chin up, and take full responsibility for this total blackout.

‘Minister Fashola’

Babatunde Fashola, SAN is a clever man. For four years as minister of power, he avoided cutting controversy. But long before he was appointed, he had stirred quite an expectation around fixing the rot in the sector. He had jokingly said his party, the APC, would resolve the crisis of perennial blackout in one fell swoop. He categorically gave a timeline of when Nigerians in the cities and villages will start to enjoy regular power supply: six months. After four years of setbacks, Minister Fashola was forced to eat his vomit: the power crisis in Nigeria is deep-seated and chaotic. Oloye Adelabu has made more enemies than friends in less than a year. The minister may survey his performance among Nigerians to test this hypothesis. The truth is the truth. The mismatch between the minister’s area of competence and his assigned portfolio hasn’t helped matters as well. And this is a cavity many of his critics and traducers are banking on.

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For the first time in decades, Adelabu stands on the threshold of history: will he end this generational ‘UP NEPA’ chant once and for all? Time will tell.

OYO101 is Muftau Gbadegesin’s opinion about issues affecting the Oyo state. He can be reached via @muftaugbade on X, muftaugbadegesin@gmail.com, and 09065176850.

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Yahaya Bello: Do we need to prosecute ex-govs?

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I followed the drama of unimaginable scenes that unfolded in Abuja last week, as the Economic and Financial Crimes Commission(EFCC) moved to arrest and arraign the immediate past governor of Kogi State, Alhaji Yahaya Bello, in respect of alleged mismanagement of funds. I called it a drama of unimaginable scenes because the EFCC had laid siege to the house since very early in the day, knowing that its target, the “White Lion of Kogi State” was holed up somewhere in the compound.

But before the very eyes of the EFCC operatives, the man they had waited all day to catch, just slipped off their hands effortlessly. They claimed that he was rescued by his cousin, the incumbent governor of the state, Usman Ododo, who is protected by constitutional immunity. But EFCC lawyers would claim that Section 12 of the Administration of Criminal Justice Act (ACJA) empowers the body to break into houses to effect arrest.

Maybe that’s a story for another day. But it was surprising they didn’t think of that option. Bello was said to have stayed put in the Government House Lokoja since indication emerged that the EFCC was on his trail. So the easiest thing for the Kogi governor to do was to drive into the troubled house and then fish out a troubled cousin.

The Yahaya Bello saga is just the latest drama between the EFCC and former governors. Some time ago, we witnessed the Ayo Fayose drama. The former Ekiti State governor, whom EFCC was unable to arrest while in office put up some drama when he arrived at EFCC’s office wearing a branded ‘T’ shirt with the inscription: “EFCC I’m here.” Some of his loyalists helped him with things he needed to use in the EFCC detention.

Aside from that, we have also witnessed the Willie Obiano saga. The former governor of Anambra State was accused of misappropriating the state’s funds and has since been taken to court. Immediately after handing over the reins of power in Awka, the man had planned to jet out of the country but had to be stopped as EFCC operatives grabbed him at that exit point. We were also witnesses to the back and forth between the former Governor Abdulaziz Yari of Zamfara State and the EFCC. The commission had accused Yari of mismanaging billions of Naira and moved to arraign him.

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There were accusations and counter-accusations until Yari landed in the Senate, and things became quiet. The drama between the ex-Imo State governor, Rochas Okorocha, was interesting while it lasted. The commission had laid siege to the residence and eventually entered through the roof. We saw a terrified Okorocha and his household, praying fervently for God’s intervention as operatives jumped in to grab their suspect.

The list I have above is by no means exhaustive of the dramatic exchanges between the EFCC and some former governors accused of one financial misdeed or the other in recent years. One thing is, however, common to all the cases, after the the initial bubbles, the whole thing dies down as the retreating waves. Next to nothing is heard of the cases as the neck-breaking snail-speed of the nation’s judicial system takes over. Year after year, it is about one injunction or the other. Many of the accused had gone ahead to seek elective posts and won, many others have taken appointments and the law cannot stop them from utilising the benefits of the allegedly looted resources to gain an advantage since our laws presume individuals innocent until proven guilty.

The books of the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPCC) are full of such individuals who have allegations of hundreds of billions of Naira hanging on their necks. Many of them are busy swinging the official chairs in government offices as we speak. God forbid, one of such should, gain control of the nation’s presidency one day!

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Well, to forestall such a scary development, I think we need an antidote to these endless anti-corruption trials. The endless trial is not just a drain on the energy of the lady justice. It drills a gaping hole in the state’s resources as well. Imagine the legal charges the state incurs in taking several cases through the layers of courts. It is also possible some of the accused, who are innocent of the accusation could die in the process of trials and thus carry an unnecessary burden of guilt (at least in the eyes of the public) into their graves. The late governor of Oyo State, Otunba Adebayo Alao-Akala was able to win his case against the EFCC after 13 years, he died not long after the ‘not guilty’ verdict was pronounced. Former President of the Senate, Adolphus Wabara was also on the bribe-for-budget case preferred against him for more than ten years. Luckily, he was alive to receive his ‘not guilty’ verdict as well. Some may not be that lucky.

To stem this tide of seemingly endless trials of politically exposed persons, I want to suggest amendments to the EFCC and ICPC Acts to lay much premium on thorough and discreet probes of financial crimes rather than dump the results of the investigations in the court, the suspects should be called in and shown the traces of the illegally taken funds and their destinations. If the suspect is ready to refund at least two-thirds of the stolen funds to the coffers of the government, the agency involved, under the supervision of a competent court, could sign an irrevocable non-disclosure agreement and collect the funds into a special basket created for that purpose and which will be used for infrastructural development.

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Such an agreement should also take care of any possible penchant for grandstanding by any politician who could mount the podium one day and claim never to have been indicted of financial crimes. As much as the government would not waste time and resources prosecuting him or her, he should also be barred from active politics and playing godfather roles. If we do this, we will not only save time and resources, but we will get back a sizeable amount of the looted funds into government coffers for developmental purposes.

By Taiwo Adisa

This piece was first Published By Sunday Tribune, April 21, 2024.

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Tinubu’s Naira Miracle: Abracadabra or Economic Wizardry? | By Adeniyi Olowofela

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Prior to assuming the presidency of Nigeria, Asiwaju Bola Ahmed Tinubu garnered the confidence of the majority of Nigerians with the promise of rescuing the country’s economy from the impending disaster it faced.

For the past 43 years, the Naira has been steadily depreciating against the Dollar, as illustrated in Figure One.

The graphs below unequivocally depict the exponential rise of the Naira against the Dollar from 1979 to 2022. This sustained upward trend would have theoretically resulted in the Naira reaching 2,500 Naira to one Dollar by now.

 

 

This situation led some individuals to hoard dollars in anticipation of profiting from further devaluation of the Naira.

However, under President Bola Tinubu’s leadership, the Nigerian federal government successfully halted the expected decline of the Naira.

The Naira has appreciated to 1,200 Naira to a Dollar (Figure 2), contrary to the projected 2,500 Naira to one Dollar, based on the exponential pattern observed in Figure One.

This achievement demonstrates unprecedented economic prowess. If this trajectory continues, the Naira may appreciate to 500 Naira against 1 Dollar before the conclusion of President Bola Tinubu’s first term in 2027.

While the purchasing power of the average Nigerian remains relatively low, there is a palpable sense of hope on the rise.

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It is hoped that the Economic Team advising the President will continue their efforts to stabilize the economy and prevent its collapse until Nigeria achieves economic prosperity.

The government’s ability to reverse the Naira’s free fall within a year can be likened to a remarkable feat, reminiscent of a lizard falling from the top of an Iroko tree unscathed, then nodding its head in self-applause.

Mr. President, we applaud your efforts.

 

Prof. Adeniyi Olowofela, the Commissioner representing Oyo State at the Federal Character Commission (FCC), writes from Abuja.

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