Chief O.C.J Okocha, SAN, is a good and great man. At the Port-Harcourt International Airport in Rivers State, on Sunday, December 2, 2012, the legal luminary, without prior appointment, suspended his discussion with a friend to grant YES INTERNATIONAL! Magazine Publisher/Editor-in-Chief, AZUH ARINZE, an incisive and exclusive interview. Shedding serious light on what makes a good lawyer, how to become a Senior Advocate of Nigeria, sins every lawyer must flee from and more, the former President, Nigerian Bar Association and father of four, who is happily married to Ifeoma, simply made our day…
What makes a good lawyer?
It’s a combination of factors. First is, of course, that you must have studied Law and become properly qualified to be enrolled as a legal practitioner in this country and then when you say a lawyer, you know we have very many aspects of the profession. Some are trial lawyers, the advocates; some are office lawyers who write agreements that we call solicitors; some are even in business and in journalism as you are. So, that word – good – depends on what parameters you are using to measure. A good lawyer who is a good solicitor may not be a good lawyer as an advocate. But by and large, a well-rounded knowledge of law, the rules of practice and procedure and then of course the grace of God, which is paramount, because some may have all the wherewithal, but good fortune has not smiled on them. So, it’s a combination of all those factors. Then, there is honour and integrity, because you must be a dependable character, a reliable character for people to entrust their business to you.
Why do some lawyers fail?
Some lawyers fail because they have not lived up to expectation. First, their knowledge of law is not very good. Second, they may have engaged themselves in unwholesome practices; you know once a lawyer loses his reputation, he begins to fail in the practice of the profession and then as I said, maybe good fortune has not smiled on them. So, some win, some lose. Those that lose you call them failures, but they may not be failures in the real sense of the word.
To become a Senior Advocate of Nigeria, what must a lawyer do?
To become a Senior Advocate, there are certain basic qualifications. Right now, you must be at least 15 years post-call. That is, you must have been practicing the profession for 15 years. Those of us who got to be Senior Advocates, we had to show that we had a good practice and what does this entail? They call it distinguishing yourself in the profession and there are parameters to judge that. For us who practice, the number of cases you have done in the High Court, the number of cases you’ve done in the Court of Appeal and in the Supreme Court for the three years preceding the date of your application are the ones you apply and send forth all these qualifications and copies of those cases if they are reported judgements or the certified copies of the judgements if they are not reported. Because they want to know that you are still in active practice. That’s why three years. So, the cases you did ten years ago may not count. Because you may have been a good lawyer ten years ago, but you are no longer current. Now, you must also have a good reputation. If you have been found culpable for professional misconduct, you are automatically disqualified. So, you must show that you have character and integrity. Then, you must have a good law library, with the number of books required that should allow anybody to say yes, this is a good law library. And then they have to come and inspect your office and see the number of lawyers you employ, so that they know that this man is contributing to the development of the profession. There are some other categories of lawyers who are awarded the rank – authors, university lecturers, book writers; people like Prof. Itse Sagay, Prof. Ben Nwabueze and people like that. If you have written books, legal books that have contributed to the legal profession, that con tribution is also seen as a distinction, a mark of distinction in the profession. So, some of them get appointed because of the contributions they have made by their written works. So, these are the things that qualify anybody to be able to apply before you are even considered for the conferment of the honour.
Why do some people attain success in what they are doing and find it difficult to sustain it?
This is what I say is the lesson of life. That’s why I say good fortune must shine on you. Some people fall on evil times, some people fall on bad days, if you know what I mean. Not of their own making; some, of their own making. Like I said, those who don’t want to keep to the rules and regulations, the rules of professional conduct as you call them. It’s a reality of life, where some people get there but they are unable to sustain that mark. And you know, law is a dynamic profession. You must continue updating your knowledge, you must keep abreast with current developments in the profession and then in certain climes like in England, America, Germany, Wales, Scotland, you must also be current by attending international conferences, local law conferences and even reach a number of credit points you get on a yearly basis. So, to sustain that mark, to sustain that rank, you need to keep updating yourself and to keep doing the things that you ought to do.
What is the greatest thing that law has done for you?
I cannot say that law has done anything for me. I studied Law, I’m now using Law to feed myself; it is my source of livelihood. I have been lucky in the profession. In the legal profession, I have received several honours. In 1995, I was conferred with this rank of Senior Advocate of Nigeria and I was just 17 years post-call at the time and 41 years old. So, that is one thing that the profession has rewarded me with. But you see, I too have contributed to the profession. I was chairman of the Nigerian Bar Association, Port-Harcourt branch; I was President of the Nigerian Bar Association and today you know, by those little things I did to improve the quality of the legal profession, I’ve received more honours. I’ve got a national honour; I’ve been appointed a member of the National Judicial Council. Previously I was appointed a member of the Federal Judicial Service Commission and now I’ve been appointed the chairman of the Council of Legal Education. These are honours which I would say have come because of how I have dedicated myself and also rendered useful services to this profession.
What hasn’t law done for you?
As I said to you, Law is not doing anything for me. Do you follow? I studied Law. Ehen! When I said gave me these honours, it’s the legal profession. If I was not a lawyer maybe I wouldn’t be in the legal profession, but I’m in the legal profession. So, the profession has honoured me. Looking at it now, there is no more field to conquer. If there is any achievement that I can attain in the legal profession, perhaps there is only one that I’ve not attained. I’m now even a life bencher; appointed in 2007. There only a 100 life benchers in the entire legal profession in Nigeria and you are a life bencher until you die. So, the only other feather that you can add to my cap is that I become chairman of the Body of Benchers. That is the body that has the authority to admit new lawyers to the profession. It is the highest body of excellence in the profession. So, to be the chairman; and the chairmanship is for one year, and it comes turn by turn. So, hopefully, when my turn comes I will get it.
What fond memories of your days as the NBA President do you still carry with you?
Oh, I have many, many; too numerous to mention. I claim credit for democratizing the Bar. I took our meetings all over the country. Before, the Bar Association revolved between Lagos and Ibadan and it was one of my motivations. I said we too are lawyers here in the East, in Rivers State. And you know that Rivers State has produced another President of the Nigerian Bar Association. In those days, if you were not either a Lagos lawyer or an Ibadan lawyer, you didn’t have any hope of becoming President of the Bar Association. It took some time before the likes of Nwakanma Okoro, Clement Akpamgbo, Andrew Anamele were able to break in and become presidents from the East. It took a longer time for even the Northerners to produce a president and you know, these are things that you get after dedicated service over a long period of time. So, I have no regrets. I won’t say there’s anything that law as a profession has not done for me.
It’s obvious and even from what you’ve said that the Almighty God has been nice to you, what more do you want from Him?
Everyday when I pray, I pray for peace in my life. You know people like to pray for wealth and things like that. God has been very kind to me. He gave me a good wife, four children and they are all doing well in their various endeavours. So, God has been faithful. Me asking Him for more or saying that there is more that He needs to do for me; I think I will be a bit ungrateful. So, I just pray for peace in my life and peace all around me; peace in Nigeria and peace in the world.
You have done a lot of cases, which is your most memorable case and why?
Em…the most memorable case I did was a criminal case where a young friend of mine was charged with the murder of his wife. Totally concocted charge! But this young man went through the trauma of being tried for the murder of his wife and for four years, while the trial lasted, he was in prison custody. I heaved a big sigh of relief when the judgement was read four years after he was put in prison custody and he was discharged and acquitted. That is one of the most memorable cases. There are several cases, but that one gives an impression because I felt personally involved. As I said, he was a young friend of mine. There are many, but then that is the one that stands out.
For a young lawyer handling a brief, what are the vital things he must do to be able to win the case?
First is to study the case very well and to understand the facts of the case, have them at the grasp of your fingers and then also understand the law applicable to the case, particularly the rules and regulations stipulated in the Evidence Act. Because Evidence Act is the basis upon which you introduce evidence, bring forward witnesses to prove cases in court. But you see, underlining all that is what we call the justice of the case. In our business, we really don’t talk about winning or losing as lawyers. What we talk about when we say we have won, it means that the prediction we gave about the case has come through. Before we got to court, we advice our clients. You can tell a client that look, you’ve been charged with murder, but I think with this defence that you have brought forward, we can in fact get you discharged and acquitted of murder. We can also say, you see, this is not murder, but we can have you convicted for the lesser offence of manslaughter. So, underline what we call winning in a case – it’s a lawyer’s own perception of the justice of the cause he’s going to plead in court. Then, when your predictions come through, you can comfortably say that you won because what you predicted has come to pass. Somebody may sue you for one million naira now for damages for libel, for instance, and I will tell you don’t worry. Yes, you libeled the man, but we have to go there and see whether he will prove this libel. And second, we have to fight that the damages awarded against you would be reduced, if you are found liable for libel. And if those predictions come through, we have won. So, a lawyer needs to be very well aware of the facts and circumstances of the case and the law and evidence required…
A young lawyer who is just starting out and lost his first case, how does he escape the discouragement that may likely follow?
He should not be discouraged. As I said, losing a case does not mean that you lost. I’ve lost cases. Even when I was a young lawyer, there was a time a man was charged with murder, but we ended up having him acquitted and discharged. I remember another one who was charged with murder, we ended up reducing that to manslaughter. So, we won even though the man was convicted. So, every lawyer; even the young lawyer, should be in a position to predict what the outcome of the case he’s going to pursue will be. Then, if he ends up having his prediction come through, he should consider himself as having won, even if his client is convicted or found liable, if it is a civil case. So, a young lawyer should know that in our profession, you win some, as we say, and you lose some. And everything depends on the justice or the cause which you are pursuing.
Who is your favourite Nigerian lawyer and why?
Oh, I rate Chief Rotimi Williams, now of blessed memory, as perhaps the greatest lawyer in Nigeria. He was a favourite of mine. I didn’t work in his chambers, but I had two friends who were in his law firm in Lagos – and I used to visit them. But whenever we went to visit, we would go to see Chief Williams; he will sit there in his library, preparing cases and then generally talking to us and talking to clients. He was so masterful in the profession that there is no field of law that you will not see landmark cases credited to Chief Rotimi Williams. Propounding a lot of legal principles and even got the Supreme Court to over rule itself in many cases. Rotimi Williams was a prodigious talent in the legal profession and by miles and miles was perhaps the most accomplished and most admired Nigerian lawyer. That is one. But then, it is always difficult to say one was the best. There are others who are very good too. My own mentor in the profession was Chief Richard Akinjide, SAN, in whose chambers I did my Law Office Attachment. And even in our Port-Harcourt environment here, the first Ikwerre man who was a lawyer was Chief Wobidike Nwanodi, SAN. He died years ago. He was also a favourite lawyer of mine and one of the best lawyers Nigeria ever produced. So they are many. But let me just name those three.
NB: First published March 2014