By Dr. Tonye Clinton Jaja.
Dear Dr. Olisa Agbakoba SAN and Soibi Ovia,
By way of re-introduction, my name is Dr. Tonye Clinton Jaja, I am a lawyer called to the Bar in the year 2004.
It is necessary to provide a background and context to this letter.
Let me preface this letter by saying that a hurricane of defections is blowing across Nigeria at this very moment.
This hurricane which started with the recent defection of the Governor of Delta State to the All Progressives Congress (APC) is not restricted to the political arena.
It appears that the hurricane of defections is now blowing across the legal profession in Nigeria.
Previously, there was a calmour amongst Nigerian lawyers to be identified as human rights activists and public interest advocates and lawyers.
During the years of military rule and immediately thereafter, Dr. Olisa Agbakoba SAN, Ayo Obe, Femi Falana SAN, Festus Keyamo, SAN and Abdul Mahmud (to mention a few and in no particular order) prioritised the interests of the public above any other considerations!!!
However, nowadays, it appears that little or no attention or priority is given to protection of public interest advocacy by lawyers.
It appears that gradually, lawyers are undertaking a professional ethical defection from representing the public interests to lawyering for the interests of the rich and powerful holders of public office (whose private interests are often at the detriment of the public interests of the majority of Nigerian citizens).
For example, years ago, Femi Falana, SAN stood as a lawyer for Dr. Olisa Agbakoba SAN to challenge the seizure of the international passport of Dr. Olisa Agbakoba, SAN by officials of the State Security Services (SSS).
That lawsuit was to reaffirm the constitutionally guaranteed freedom of movement of Dr. Olisa Agbakoba SAN.
Lawyers back then were more concerned about utilising public interest litigation to establish and protect members of the public and getting the courts to expand our jurisprudence of constitutional law.
Ironically, back then, the motivation for majority of lawyers engaging in public interest advocacy and litigation was not money or pecuniary. Infact they had access to limited funds, much more less than the funds that are now available.
Ironically, back in those days, these same public interest lawyers undertook such public interest litigation and advocacy against the government of the day and other “corporate” bullies who had far more money (to hire the most lawyers) than they themselves had back then and now.
For example, thirty years ago, from February 1995, Dr. Olisa Agbakoba SAN was lawyer to the late Ken Saro Wiwa, during his trial. That trial was epic because Dr. Olisa Agbakoba SAN was up against both the military regime of the late Sani Abacha and it’s “partner-in-crime”, Shell Oil Company, who regarded the late Ken Saro Wiwa as an impediment to their oil exploration and exploitation activities within ogoniland in Rivers State!!
I write to you, Soibi Ovia, to respectfully reject (on grounds of professional ethics) your recent appointment as the Senior Special Adviser on Legal Matters to the Sole Administrator of Rivers State.
Consider the example of a fellow lawyer and former Magistrate, George Ejike, who resigned his appointment from the services of the Rivers State Judicial Service Commission on the grounds that it is both morally, ethically and legally absurd for a lawyer and magistrate to be taking orders and directives from a retired military official in the person of the Sole Administrator of Rivers State!!!
Highly respected, Dr. Olisa Agbakoba SAN, I also respectfully request you to reconsider your representations on behalf of His Excellency, Senate President, Godswill Obot Akpabio-GOA.
As I said in my previous letter, the Senate President is entitled to your legal representation and he also enjoys presumption of innocence.
However, the purpose of this letter is to draw your attention to the professional ethical implications as you undertake your defence of the Senate President.
For example, as a matter of fact, the balance of power and odds are stacked in favour of the Senate President who is the third most powerful citizen of Nigeria.
On the other hand, Senator Natasha Akpoti-Uduaghan is the underdog in this legal battle.
Already, as evidence of the UNFAIR ADVANTAGE that is enjoyed by the Senate President, I urge you to watch the proceedings at the plenary on 6th March 2025, when Senator Natasha was suspended.
During the voice votes, the Senate President struck the gavel in his own favour even when majority of Senators by their voice votes were saying that they voted in favour of Senator Natasha.
Senators Seriake Dickson and Aminu Tambuwal, who are both lawyers and member of the opposition party (Peoples Democratic Party-PDP) are the only.members of the 10th Senate who are brave enough to make public statements to challenge the use of voice votes by the Senate President.
There is a climate of unwholesome fear of repercussions and reprisals against any Senator who speaks up to offer any criticism against the Senate President (regardless of whether the said criticism is constructive or not).
Suspension and threat of suspension is the instrument wielded by the Senate President.
As evidence of the immense power that the Senate President wields in this regard, within his regime since June 2023, he has already orchestrated the suspension of Senator Abdul Ningi, and Senator Natasha Akpoti-Uduaghan.
Senator Ali Ndume escaped suspension by the whiskers, he was given a verbal warning!!!
If you are in doubt about the unfair advantage and balance of power in favour of the Senate President, kindly find time to ask the Senators that represent your state of origin or ask Senator Enyinna Abaribe, who is the Chairman of the South-East Senators Caucus.
On a final note, I respectfully request you to reconsider the public utterances attributed to your good self in a recent press conference wherein you asked Senator Natasha to retract her allegations on the grounds that she did not level those allegations as soon as they happened.
From the previous explanation that I provided about the unfair advantage and balance of power in favour of the Senate President, it is impossible for an average person to immediately confront such a powerful person in authority (PIA) with such allegations.
Also, bear in mind that Senator Natasha Akpoti-Uduaghan tried to explore amicable options by reporting to her husband the said acts of sexual harassment in the hope that her husband would privately discuss it with the President of the Senate.
And indeed the husband of Senator Natasha has written an open letter detailing how he took steps to have a private discussion with the Senate President to amicably resolve the concerns of sexual harassment raised by his wife.
Let me use a real life example to drive home this point.
As a staff of the National Institute for Legislative Studies, (of which the President of the Senate is the Chairman of the Governing Council), I could not report certain anomalies that I observed since the year 2019 immediately. It was only when I got a two year leave of absence to travel to the Kingdom of Lesotho, that I felt the freedom to “spill the beans” as it were.
You are an employer and you hold the power to hire and fire, so it may be difficult for you to properly understand the fear that employees feel for those who are in positions of authority over them.
Respectfully, I will urge you to read and re-read this letter again and make the consultations with Senator Enyinna Harcourt Abaribe.
Yours faithfully,
Dr. Tonye Clinton Jaja.
1st May 2025.
The views expressed by contributors are strictly personal and not of Law & Society Magazine.
