Awaiting Senior Advocate of Nigeria, Fred Agbaje, is usually a delight to interview. The radical Lagos lawyer and human rights activist mesmerized YES INTERNATIONAL! Magazine Publisher/Editor-in-Chief, AZUH ARINZE, during an encounter at his Bariga, Lagos office. For well over one hour, the dresser and dazzler spoke on his love for fast cars, books, clothes, why he doesn’t live with his family, his special fascination for law and more. Much more…
You wanted to study Geology but your father changed it to Law…
(Cuts in) – Because I was a rascally human being. I was very rascally when I was in school; smallish thing, but very disobedient to my seniors. Highly rebellious to my seniors, and they dealt with me. But when me sef come dey class five, I show dem (Laughing). I show dem! I fought back, because eventually, I became a house prefect. I attended St. Paul’s Anglican Boys Grammar School, Igala, in Edo State and subsequently, Federal Government College, Warri (Delta State). In these two schools, before you are made a prefect, you must be brilliant. So, when I became a prefect, I took it out on the junior students. So, one, because of my rascally and rebellious nature. Two, the major factor which my principal spotted was that I was too argumentative. I was always asking why, why, why…Questioning my seniors, and that automatically led me to the Literary and Debating Society where I became the secretary. We were always going from school to school, arguing which one is better for the society, an engineer or a lawyer? So, those were the factors. Naturally, I didn’t do art subjects. I did sciences in secondary school. Automatically, that would have enabled me to go for science courses. Even in my school form, because when you are in class five in my former school, they ask you what you want to be in future. I wrote Geology. Go there and find out. It’s Geology you will find on my form. That was what I had in mind. I filled the form, first course, Geology, second course, Geology, third course, Biology and Chemistry. I filled it, sealed the envelop. My father now said the driver should collect it from me and that they should move ahead to JAMB office in Ikoyi, Lagos. Out of curiosity, when they got half way, my father now called the driver, Mr. Lagbaja, let me even see what this naughty boy filled in his form and the driver said daddy, it’s sealed O! My father said give it to me, brought out his biro, tore it open. You know what he saw? Of course, Geology. He said look at this foolish naughty boy. He wants to end up as a bush engineer, because his principal told me that one, this boy is a good orator, he’s argumentative and good in the Literary and Debating Society. The principal said he should encourage me to go for Law. That I would excel as a lawyer. That was why my father now changed it. First course, Law, second course, Law, third course, Law (General laughter). I never dreamt of becoming a lawyer. But subsequently when I took him up about eight, nine years ago, because my father died in 2005. Before he died, I remember I took him up on it. I now asked him in Yoruba, hope you know that what you did that day was a criminal offence? You altered my form and subsequently altered my career in life? My father laughed and said you must be stupid, are you not enjoying as a lawyer today? Is your name not all over the place today? If you had been a bush engineer, if you had been a geologist, who would have heard of you? Will you get up there and prostrate and say thank you, daddy. And I had to quickly jump up and say thank you sir!
Do you think you would have fared better as a geologist?
I would have been a complete failure. I’m not God, but I would have been a failure. Let me tell you why – I would have ended up as a salary earner. That’s why I said I would have been a failure. One, I would have ended up a salary earner because I can’t set up on my own; I can’t set up a geological firm that time. I still needed to work with at least either an oil firm or work in any of these mining industries. I’m a very rebellious person. I would have rebelled against the management, and they will sack me.
Which was the first case you lost?
Let me try and remember (Thinks). I can’t remember vividly a case that I lost. But, of course, every lawyer loses a case. I’m not saying I didn’t. I just can’t remember. But if there was a case I lost, I’m a hard fighter O; some of the cases I can remember that I lost, first and foremost, you must agree with my inputs in those cases. I made the best of intellectual submissions in them, but the judge is the ultimate decider. But where a judge has ruled against me, whether at the High Court or the Court of Appeal, I have always won at the appellate court. So, the beauty about losing is that you must make your impact in that case felt. Because it’s what you are still going to defend at the upper court or at the appellate court. So, it is not the question of losing, but the question of industry, the question of intellectual input you have contributed to it. That is why when you read some judgements of the Supreme Court, even where the Supreme Court ruled against some of the lawyers, if you see the contributions of those lawyers, you marvel.
Can you recollect the first case you won?
I’m not going to go into any of the High Court cases. It was in a Magistrate Court at Owo (Ondo State). It was the case of couple who was coming from America and they were stopped at the police check point at Owo. These were Americans who were just coming home after a long sojourn in America. They didn’t find it funny. Indeed, they didn’t understand why the police had to stop them and search them. They were going to Benin. Typical American mentality! Why do you want to search us? They did not prepare for this. So, in the course of The Nigeria Police trying to force their bag open to be searched, there was altercation, there was squabble to the extent that two of them, the man and the policeman, fought. And the wife of the American returnee now slapped the police man. Tore the police man’s uniform! And the police now said you have committed an offence, you have fallen foul of the law. They were charged to court for assaulting a police officer while on duty. They were charged to a court at Owo and as a youth corper then, my boss said you go and take up this case. And by the time we got there, the magistrate said I’m going to hear this case today. I looked at myself, can I face the police? I just left the Law School then and I was doing my NYSC. So, we went into the nitty gritty of the case, you won’t believe it, I raised a no-case submission, because the police did not enter the uniform that was torn, and that did it. The magistrate agreed and dismissed the case; discharged and acquitted the couple. Which was fantastic then. The couple was so happy they gave me N50 and when I got back to Benin, my boss also gave me N200. Oh boy, this was in 1983. I made sure that all the youth corpers, babes, saw the money and we quaffed the money.
Which is the most memorable case you have handled and why?
Oh! The most memorable one was the one involving Atake (Justice Franklin) vs Afejuku. Very interesting case! That was a case which the Supreme Court had to constitute a full panel, not three judges, not five justices, but seven justices of the Supreme Court constitutionally constituted, to hear the matter. It was an appeal. It was my major case on constitutional law – whether a retired judge could appear for himself. A judge who had retired, whether he could come to the High Court, and appear for himself in a case involving him. My position is that this man, having been a former judge, retired, he can’t come back and join us in the bar and then say he wants to prosecute a case. That will be cheating. He can’t eat his cake and have it. That will be a affront to the constitution which says once you are retired as a judge, you can no longer come to practice. The High Court judge agreed with me that Atake could not have appeared for himself. He (Atake) took up the fight from there. He appealed to the Court of Appeal. Before the Court of Appeal could hear the case, Justice Atake said no, no, no…I don’t want this court to hear this matter. I want a reference. I want the Honourable Court of Appeal to refer this case to the Supreme Court to interpret section 264, whether that section 264 constitutionally bans me as a citizen from prosecuting a case involving me and see whether that would not amount to the violation of his right to fair hearing. The matter was eventually referred to the Supreme Court and the Supreme Court had to constitute a panel of seven justices and at the end of the day, the Supreme Court said look, Fred, are you saying if we retire here and we have our own personal case to prosecute in the High Court, we cannot do it? I said my lord, you cannot eat your cake and have it. The intellectual erudition…That was a case I wrote 322 pages submission to the Supreme Court…
(Interruption) – So, at the end of the day what happened?
At the end the day the Supreme Court ruled against me…
Against you?
Against me! And said Atake will appear for himself. That to deny him that opportunity will amount to a denial of fair hearing and that the fact that he has retired as a judge of the High Court does not debar him from appearing for himself in a case involving him. That he doesn’t need to go and take a lawyer, because I was insisting that since you are the one directly involved, go and take a lawyer. But the good thing is that the Supreme Court went on to make a fine distinction that this case is not an umbrella case for any retired judge to come and begin to go back to the High Court and sit down in the bar and say I’m prosecuting a criminal case. No! If the case involves that judge personally, his own person, he can go to court and stand for himself. So, it has become locus classicus. It has become the centerpiece for other cases to follow in the sense that one, that case has decided on when a retired judge can appear for himself or when he can appear for others. They can go into consultancy, but they cannot come to court and begin to practice. Another good thing about the judgement is that when it comes to the issue of reference from the Court of Appeal to the Supreme Court, the Supreme Court has now said it’s not automatic for you to refer grave constitutional issues like this one. It was because it involved a grave constitutional issue, then fair hearing and the right of a citizen to prosecuting a case for himself. Those were the issues that were considered. And the Supreme Court now said if it involves grave constitutional issues, the matter could be referred. But any other matter that borders on academic issue, don’t bring them here. That’s the beauty of the case and you will not believe it, it was one of the cases I cited for my application for SAN (Senior Advocate of Nigeria).
Must every lawyer be an activist?
No, no, no! Every lawyer must not be an activist. Let me tell you this – my wife is a lawyer, but she’s not an activist. My wife is the quiet type. At times I even ask her, Iya, why did you go and read Law? She has her reservations about even the profession. She believes that some of the arguments I put forward at times, that they go against the Biblical norms and I say nooo! The law we practice is an offshoot of the Bible itself. The ten commandments are what metamorphosed into most of our penal laws today. Thou shall not kill, is it not from the Bible? Thou shall not covet another man’s wife, is it not from the Bible? So, our law is a reflection of it. But like I told you, it has to be in you. You must have the spirit, the spirit to fight for others. If you are the type of lawyer that is contented with I alone, I myself alone and no other person, you can’t have the spirit of activism in you. And secondly, for you to be an activist, you must know what you are doing. You must know your subject, you must know the course you have learnt, because you are using that course you have learnt, that trade you have learnt, as a lawyer, to help the oppressed. You are going to use it to help those who are not financially up to date, you are going to use it to help those that are under police yoke, particularly in these days of extra-judicial killing by the police over N20, N50. If you don’t know anything about your profession, how do you expect to use it to fight for others? So, it has to be cultivated, it has to be in you.
When is Barrister Fred Agbaje going to become a Senior Advocate of Nigeria?
Well, it’s not for me to decide. It’s in the hand of God and the Privileges Committee of the Legal Profession. I was short-listed last year. But those who had been on queue have to be cleared. No qualms about it. I will have to wait for my turn. They didn’t say I was not qualified, they said you met all the criteria, but oh boy, wait! We are settling our backlog. This year again, I’m putting in.
Must every lawyer be a Senior Advocate of Nigeria?
That is the aspiration of every lawyer – to get to the upper echelon and when you are talking about the upper echelon, you are talking about senior advocates. Every lawyer who is called to the bar today wants to be a senior advocate. But then you must be prepared to work. It’s not just a question of your assiduity in law, it’s not just a question of your knowledge of the law; how have you been able to practice that law? Do you have the wherewithal, do you have the books, do you have the office? Like this office, the entire building is for law. There are six lawyers here. The entire property here is for law. We don’t use it for any other trade. Apart from the books here, we still have the main library. So, a lot of factors are considered.
Why is it that most lawyers want to become senior advocates of Nigeria?
Because that is the ultimate. Every accountant wants to become a fellow, every quantity surveyor wants to become a fellow, so why wouldn’t you aspire to get to the top of the legal profession? But like I told you earlier, it’s not easy because it demands a lot of work. Because one, under the new regulations, for you to apply for SAN, before, it used to be two Supreme Court judgements. Now, it is six. How many lawyers will get that six? In other words, you have to virtually be sleeping in the Supreme Court, and don’t forget that the duration of a case from the Court of Appeal to the Supreme Court, minimum, it’s about three years for your case to be heard. So, in other words, what the Supreme Court is now saying with the six cases is that you must have been in practice for long. You cannot just be called to the bar yesterday or about seven, eight years ago, or even ten years ago, and you say you already have six Supreme Court cases. How did you do it? So, it is a good thing. They want to build seriousness into the legal profession. They want those who are actually cut out for legal practice, those who have the flair for law, those who know what they are doing in the profession, not those who are lawyers today, tomorrow they are estate agents, next tomorrow they are selling properties. No! They want those who have given all their time to the development of law and the practice of law.
What makes a good lawyer?
What makes a good lawyer is not necessarily the number of cases you have won or the number of cases you have lost. Even if you lose, anyone who reads your intellectual contribution to a case should be able to say omo, o try o! These are because of the powerful submissions you’ve made. That’s why some judges even commend you. They will say we have read the brief of the appellant and the brief of the respondent, we are highly impressed with the intellectual erudition put in by both counsels, but this is our position. So, you are happy when such allusion is made to you. So, your intellectual contribution matters. You can be making money in the legal profession and you are not contributing anything. After all, there are some lawyers who drive Hummer jeeps all over the place, but they have no office to show for it. You cannot even hear anything about them. You cannot even pinpoint that this is the Supreme Court case that they have handled or Court of Appeal or High Court. You can’t even see their names in any law report as handling a case, but they ride the best cars. So, if you are looking at it from that microscopic angle of the type of car they ride, it’s at your own peril, because ultimately, it’s not the practice of law. But if you want to know a hardworking or a successful lawyer, visit his law office. Because when you visit his law office, it is the law office that will sell him. Even if I don’t have a good car today, I am happy that most of our clients, when they get here, they say boy, you have invested so much in your books and I will say I love intellectual work because this is my powerhouse. This is the thing that aids me, apart from my post graduate degrees that I’ve acquired. These are the arsenals, the weapons. So, if you are riding a Hummer and one book you don’t even have in your office as a lawyer and you say you are successful, what type of success is that? It’s the graveyard success.
Why are most lawyers not successful?
For you to be successful, you have to be hard working, because if you are not hard working, you don’t win cases, nobody will bring his case to you. If you mention the person’s name, people will say that lawyer; lawyer ti o le win case. Awon charge and bail la won yen. Won tie ni office. Your work will have to sell you and that’s the beauty about the Nigerian society. If you are bad product in the Nigerian market, nobody will buy. But if you are good, they will in fact sell you more than you expect. Look at where my office is, did you not fish me out? I’ve told somebody that even if I go to Ijede, the level one has reached now, thank God; I’m not being arrogant about it. The level one has reached in the legal profession, if I decide today to move to Ijede and open my office, people will still come. Look at where late Chief Gani Fawehinmi put his office – inside Ajao Estate in Anthony Village (Lagos). People were looking for him. But if you are a bad lawyer and you open your law office in Alausa Secretariat or you open it in Marina or Ikorodu Road, as busy as it is, nobody will come. That is why as a lawyer, you have to be hard working and honest. Because if you dupe a litigant today, or a client today, he will go to the whole world and broadcast it and nobody will want to come to you. So, apart from hard work, you must also be honest.
What don’t you like about being a lawyer?
I love everything about law. There’s nothing about law I don’t like. Initially, I was getting nauseated about this idea of wearing complete black suits, which was what we were told in the Law School. But I devised a means – instead of my regular black, black, look at what I’m wearing now. This is dark blue and blue shirt with a matching tie. Not the traditional horrible black. I call it horrible because it’s eerie. I love everything about law. It’s given me everything. I was doing my NYSC as a youth corper lawyer when my wife contested for MISS UNIBEN and that was where I met her. I was not invited there! But it was a colleague of mine who is another youth corper, I think he was a medical doctor, that invited me. He said Fredo, let’s go to UNIBEN, they are doing the MISS UNIBEN beauty contest. I said what is my own, did they invite me? He said let’s go and I said if you are insisting we go, whoever wins that contest will also have to fight to win me. We were just joking. And my doctor friend who is also a youth corper said you think it’s a radical like you such ladies will want. I said it is radicals like us they want o! They want radicals. Those that can fight on their behalf…
(Interruption) – And that was what happened eventually?
Yes! Although she first shunned me. She won and I went up to her. Believe me, pretty looking babe. I said hi, congratulations! We greeted. I said my name is so, so, so…I’m a youth corper here. And she just took a walk. I said me, Fred, Gemini; mi oni gba. Mo pa kuru mo (General laughter). I didn’t give up and eventually got her hostel and everything. I went chasing. After sometime, omo tie po! She said what do you mean by tie po, you don’t give up easily. And she said for your guts, let’s see how it goes. That was how the relationship now catapulted and eventually when we got married, the warning she gave me is what has sustained that relationship – you know that most lawyers’ marriages collapse. But the good thing that my wife told me then was oh boy, I know say you sabi argue law well, well. You know book. She’s Ishan. She’s speaks Yoruba, speaks Edo, speaks broken. You know how to argue very well, but please in this marriage, we are no longer boyfriend and girlfriend because a ma ja gan nigba yen. She’s knows the type of person I am; that I am hot-headed. Each time you are leaving the office, hang your law there, don’t bring it home and that has been the secret of the success of our marriage. We got married on May 28, 1988 and the marriage has produced two children. The first one, my son, his name is Frederick, Junior Oluwaseyi Agbaje. Seyi is 17 now. Then, the girl. She’s 15. Her name is Faith Mojeregbagbomi (that is, I have found favour in my belief) Agbaje.
What do you like most about law?
I love law. I have no apologies if I am arrogant about this law. Law is the only profession I have seen where you can call a professor a fool without him knowing that you are calling him a fool. Law is a profession where you can put the Head of State in the witness box and cross examine him without giving a hoot. Law is a profession you can put your father in law in the witness box, tear him apart with questions. Law is a profession you can put your mother in law in the witness, Mama, answer my questions. Did you or you did not? Law is a profession where you and your immediate younger brother can be on the opposite sides of the divide. That’s the beauty about law. The more you learn about law, the more exposed you are and that is why at the end of the day, by God’s grace, may be getting the SAN and in the future, I want to retire into academics. I want to go and teach. Right now, I’m a part time lecturer. They don’t pay me a kobo. Mi ogba kobo lowo anybody. I just do it as a way of giving back to the society. I lecture post-graduate students at LASU (Lagos State University), Ogba. I do it on Saturday. I teach Administrative Law and co and I love it.
There are two things that fascinate you a whole lot – clothes and books. Besides those two things, are there other things that you also love?
You didn’t add the other thing because my mother is going to read this. My mother said the first time I came into this world that I could not buy a spoke. Do you know the meaning of that? I love cars! I’m crazy about fast cars. You can see the one outside, it’s two doors, open roof. That’s what I drive on Saturdays. It’s because it’s going for check up, that’s why I asked the driver to bring it. I love fast cars. In those days, lawyers were seen as very selfish, very cunny, introverts, they didn’t enjoy themselves. These days, I don’t see why you should work hard and not enjoy yourself. All that is expected of you is to provide for tomorrow and your family. I love fast cars and that is why any time you get to my garage, you won’t see less than five cars. But I now devote most of my time to intellectual acquisition – books. If I take you to our library and you see the books there, you will marvel. I love books. I’m not interested in property acquisition that much. I’m contented. I have two children, so who am I acquiring the houses for? I’m a landlord in London. I have my key to my house. It’s a duplex. I’m a landlord in Nigeria. I’m a landlord in the office. My children cannot say I’ve not done well. So, why would I join the blind race? It’s the politicians that are greedy that are finding themselves in Kirikiri (Prison) today. Greed and corruption, that is the bane of the Nigerian society today. Whatever I cannot defend. I don’t want to acquire.
In a recent interview, you said you have over 5000 pairs of shoes and 3000 pieces of suits, don’t you think that is outrageous, especially for a serious-minded person like you? Again, what time do you have to wear all of them and what type of wardrobe do you have to accommodate all of them?
I remember when we were in the Law School and the late Kehinde Sofola was invited to come and talk to us. The centerpiece of his discussion was lawyers and their sense of dressing. The long and short of that discussion that day was that if you don’t dress well as a lawyer, by the time they are pursing area boys on the street, they will mistake you as one of them. Have you seen Afe Babalola in his immaculate suits and bow ties? Have you seen GOK? Have you seen Richard Akinjide outside the court in his sartorial majesty? Gone are the days when people think that the law profession starts and ends with just wearing one black suit and white shirt that the collar is brown. That is not for contemporary lawyers. It’s the way you present yourself that people will relate with you or people will say awon lawyers ti ole change suits. A lawyer who cannot change his motor, is that the lawyer you want to go and give your brief? You can be the best and most brilliant lawyer and if you are riding Volkswagen, they will curse you. Rotimi Williams, they were the first to ride Roll Royce. You can imagine the type of wardrobes those ones had. I’ve not finished acquiring, I’m still buying. I’m still going to buy.
So, what time do you have to wear all these clothes?
Have you seen me on Sundays when I go to church? Take a look at some of my pictures on Sunday (shows us some photographs). That’s me on Sunday. I can’t wear these ones to court, I can’t wear it to the office, but I’m entitled to wear it to a social outing or to church. You don’t expect me to go and wear black, black to church on Sunday with a white shirt. Olorun maje! I’m still acquiring more; then give out some to the less privileged. Those who cannot afford. Every six, six months I offload it. Let me tell you, what distinguishes people like us from the charge and bail lawyers is that we don’t wear the same suit twice. We don’t! Let me even tell you, my waist coats, my barrister’s waist coats, I have 15. The barrister’s trousers, I have 25. So, if you see me in court today, the one I’m wearing is not the one I’m going to wear tomorrow. But they are still the same design. Ask M.O. Idowu, the tailor. They are the ones who sew it for me. Let me tell you one thing, do you know that Nigerian judges love neat lawyers? I remember when Justice Olorunnimbe was still sitting at the Ikeja High Court. Olorunnimbe was always using me as an example to my colleagues that time. He will say have you seen Fred Agbaje on his bips? Immaculate white. The bip you see me in today, it’s going to the dry cleaner. Tomorrow, I’m picking another one. I didn’t know then that judges watch out for what you wear to their court. Your collar that is supposed to be white is roughened, it’s looking like something that has been chewed by a goat and vomited. Don’t forget that even your clients, they look at you. They will say upon all the money we are paying this lawyer we can’t even see it in him. I’m not saying that you must dress to kill, but for goodness sake, a lawyer is not supposed to be dirty. We are the envy of other professions. We are the salt of the other professions. There must be finesse.
Law has been very nice to you, what has it not done for you?
Because it has given me so much, I will continue to remain in it and even when I retire, I want to be part of it by teaching – teaching it. There’s nothing law has not done for me. Without being arrogant, it has given me fame beyond my wildest imagination. I am not a billionaire o, but Azuh, I am comfortable. We are not feeding from government. Those feeding from government, they are the ones who cannot tell the government the truth. They are the ones that are lying to the government. They are the ones that are telling the government, remove the oil subsidy, nothing will happen, a wa leyin e! Whereas won osi leyin ijoba. It’s what they can take they are after.
Your family lives abroad, and you are here all alone. How do you cope with women?
It’s because I’m working. I don’t want any distractions. I am 24 hours on this job. I’m working and if you abandon your job and begin to pursue women, they will bring you down. The average Nigerian woman, they want successful men. Those who have made their marks in their professions, those who have a name. But you have to be careful to avoid them, otherwise they will bring you down. Otherwise they will cause you distractions. And let me tell you, it’s not all the girls out there that have anything to offer you; it’s what they can take from you. Otherwise why don’t they go for people who are still struggling? 75% of Nigerian women today, they want successful men. Meanwhile, ask them what their contribution is, what they are going to contribute to help that man to greater heights, nothing! I resume here 7 O’clock, I close 10, 11pm everyday. So, I have no time for those frivolities. Ko si aye frivolities. So, is it the type of me that one lady will be running after? I’m not saying they don’t come after me, they come after me, but I know that they just want to associate with the name and what they can get. Not what they are going to contribute; they have nothing to contribute, they have nothing to offer me and that is typical of 75% of Nigerian women out there. That is why most of them remain single at 35. Because they are looking for ready-made men, not who they can build with. Not even coming in and helping you to develop further. Won fe jee! That’s why you use them and dump them.
NB: First published January 2014