Tuesday, September 8, 2009

Celebrating The Fighter @ 70.



Though hospitalised, a shower of tributes greets Chief Gani Fawehinmi, SAN, as he marks his 70th birthday

•Mrs. Abike Fawehinmi, Miss Rabiat Fawehinmi, Mrs. Basirat Fawehinmi-Biobaku, join the destitute to cut the 70th birthday cake of Chief Gani Fawehinmi at his residence. Photo: Akin Farinto.



By Sylvester Asoya

Like a true hero, Chief Gani Fawehinmi, Senior Advocate of Nigeria, SAN, took centre stage last week, as family and friends came together to celebrate the 70th birthday of the indefatigable fighter. But Gani, as he is fondly called, is an unusual hero. Unlike most patriots, Gani is lucky to be experiencing an intense show of love and appreciation in his lifetime. The activist, who is currently recuperating from lung cancer in his London home dominated public discourse for nearly two weeks.

The
• Chief Gani Fawehinmi: Outpouring of love at 70.
celebration which came to a climax on Tuesday 22 April attracted all manner of people, particularly his usual guests of beggars and the physically challenged. And in keeping to tradition, even in his absence, his household ensured that the birthday cake was cut by the destitute and less privileged whose cause the radical lawyer has dedicated his entire life.

But Gani is not just a lawyer for only the masses. For him, justice must be delivered at the doorstep of everybody, irrespective of class and status. And this was reflected in the calibre of people who thronged his GRA, Ikeja, Lagos home. They included the rich and the poor, the high and low, professional bodies, civil society groups, socio-cultural and pressure groups. The celebration which continues even into this week promises to host public lectures and discussions like the one being organised by Campaign for Democracy, CD, entitled Gani: Bridging The Generation Gap.

Fawehinmi’s earliest and most celebrated legal battle came in 1969 when he took Andrew Obeya, the then secretary to old Benue-Plateau State government to court for snatching the wife of a certain Bala Abashe, a factory worker. This turned out to be a defining moment for the radical lawyer, as he went on in later years to tackle other controversial cases.

Gani is also remembered for his courage in the case involving Minere Amakiri, a correspondent with the Nigerian Observer. Amakiri who was based in Port Harcourt was detained for reporting the Rivers State Teachers’ strike on the birthday of Alfred Diette-Spiff who was then military governor of the state. Aside his detention, Amakiri was also thoroughly beaten and given a haircut with broken bottles by security operatives who manhandled him on the order of Diette-Spiff.

The following years, particularly under the regime of General Olusegun Obasanjo, proved quite difficult for the fiery lawyer, as he became the official advocate of students’ union leaders across the length and breadth of the nation. The most prominent of these cases then was the infamous Ali-Must-Go crisis of 1978 which was triggered off by the regime’s imposition of obnoxious fees on students. This led to loss of precious lives and disruption in the academic calendar.

By far the most harrowing period for Gani came under the military regimes presided over by Ibrahim Babangida and Sani Abacha. During that period when he regularly stood up in defence of journalists and civil society groups, he was not only harassed and humiliated, he was also detained under the worst of conditions. As it turned out, the lawyer became a regular guest in Nigerian prisons, particularly in the Northern part of the country.

When in 1986, foremost investigative journalist, Dele Giwa died under very baffling circumstance via a letter bomb, he was the first to accuse the government of the day, led by Babangida, of complicity. Gani followed the case so religiously that he demanded explanation from Babangida’s security chiefs who were believed to have been the masterminds of the assassination.

Later, he took on Babangida, first for his voodoo economic policies which further impoverished Nigerians, and his endless transition programme that ended in a fiasco. In the wake of the criminal annulment of June 12 1993 presidential election, Fawehinmi joined other well meaning Nigerians to press for the revalidation of the election believed to have been won by Chief M.K.O Abiola. The battle continued through the interim government to General Abdulsalami Abubakar, until the dawn of democracy in 1999.

Outside the battle field, the lawyer has contributed immensely to the growth and advancement of the legal profession. Aside owning the best equipped law library in Nigeria, Fawehinmi’s law chamber is generally believed to be a veritable training ground for young and radical lawyers.

He is the first lawyer to publish a weekly law report that contains judicial precedents (decided cases) in courts.

Gani is also regarded as a man who liberalised the formation of political parties in Nigeria. Sequel to the Supreme Court judgment ordering the Independent National Electoral Commission, INEC, to register more political parties, Fawehinmi had dragged INEC, former president, Olusegun Obasanjo and the National Assembly to court over the inconsistencies in the Electoral Act of 2001. He asked the court to expunge section 74(2) from the Act. The section provides that an association will not be registered as a political party unless “it produces evidence of payment of registration fee of N100,000; and must provide addresses of the offices of the political
•Mrs. Abike Fawehinmi, Miss Rabiat Fawehinmi, Mrs. Basirat Fawehinmi-Biobaku, join the destitute to cut the 70th birthday cake of Chief Gani Fawehinmi at his residence. Photo: Akin Farinto.
association in at least two-thirds of the total number of the states of the Federation spread among the six geo-political zones.”

To the fiery lawyer, this provision constituted an impediment to the opening of the democratic space. He pursued the matter up to the Supreme Court where the justices upheld his prayers. His victory at the apex court opened the door for the formation of more political parties. Some of the parties that were formed after Fawehinmi’s victory are the National Conscience Party, NCP, led by Fawehinmi himself; Fresh Democratic Party founded by Reverend Chris Okotie, and Peoples Redemption Party, PRP, floated by Alhaji Balarabe Musa.

These are some of the achievements of this great Nigerian activist who has influenced a generation of Nigerians. His popularity was also evident during last week’s celebration of his birthday which attracted a lot of people. Those in attendance included the leader of the Movement for the Survival of Ogoni people, Dr. Ledum Mitee; Dr. Joe Okei-Odumakin of the Campaign for Democracy, CD; Osita Nwajah of the Economic and Financial Crimes Commission, EFCC, and others.

Speaking at the occasion, Mitee commended Gani whom he described as a consistent and dogged fighter who believed in the unity of the country. The MOSOP leader called on Nigerians to pray for the ailing activist. “I think that the best that we can hope is that he stays alive and God should grant him more years on earth so that he continues to be that beacon of hope,” he said.

Other Nigerians have also been speaking on Gani at 70. Femi Falana, lawyer and human rights activist praised the legal icon for not only influencing the legal profession with his law reporting and advocacy but also for providing leadership during those turbulent military days. According to him: “Chief Fawehinmi has earned his solid place in history. But for the huge sacrifice of Gani and his comrades, Nigeria would have gone completely under in the soiled hands of a visionless and directionless ruling class. Even though heros are hardly celebrated in their lifetime in Nigeria, Gani has been honoured at home and abroad.”

Falana added that it was only natural to honour Gani for all his efforts. “The students of Obafemi Awolowo University made him a Senior Advocate of the Masses, SAM, in 1988. Years later, authorities of the prestigious university conferred him with the LL.D degree. The legal profession has conferred him with the rank of SAN even though belatedly. Outside Nigeria, Amnesty International; the American Bar Association; the International Bar Association and other reputable organisations have honoured him for his immense contributions to the promotion of human rights,” he remarked.

In the same vein, Dr. Sylvester Odion-Akhaine of the Centre for Constitutionalism and Demilitarisation spoke glowingly of the activist. “At 70, Gani remains a giant in the struggle for the emancipation of the downtrodden in our country. While wishing him long life, our young ones should emulate this dogged fighter,” he stated.

Born on 22 April 1938, Gani attended Ansar-Ud-Deen School, Ondo between 1946 and 1953; Victory College, Ikare, 1954-58; University of London 1961-64 and Nigerian Law School, Lagos in 1964. Fawehinmi is married to Ganiat and Sadiat and has many children.

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