The Gani Phenomenon

Mercy Oke-Chinda

The inevitability of death dawned on so many Nigerians on Saturday, 5th September when Barr. Mohammed Fawehinmi, the eldest son of Chief Gani Oyesola Fawehinmi, announced the demise of his father. Though many knew he was down with cancer of the lungs they still believed that Gani’s legendary posture had clothed him with immortality.

About 40 years ago the Gani phenomenon hit our national consciousness when he took up a case against a military officer in Jos who took over the wife of a poor civil servant. Since then he adopted different legal means of ensuring that justice was done. He did so many pro bono cases for the poor and oppressed. His unrelenting stance on human rights earned him the title “Senior Advocate of the Masses” (SAM) even before he was made a Senior Advocate of Nigeria (SAN).

I believe it was his propensity for ensuring that justice is done even at the risk being branded an extremist that informed his secondary school principal, late Rev’d Akinrele, to advise that Gani be encouraged by his parents to study law. The result of this counsel was his study of law in England and subsequent call to the Nigeria Bar on 15th Janary, 1965.

Gani Fawehinmi’s dogged determination led him to practice solely when he was barely three months post-call. From then he did not look back in his fight for justice and good governance.

He handled many landmark cases and opened new vistas in the administration of justice in Nigeria. It was in Fawehinmi Vs Abacha that the Supreme Court decided, for the first time, that the African Human Rights Charter is enforceable in Nigeria. Also, in Fawehinmi Vs. Inspector General of Police the Supreme Court decided that in spite of the immunity enjoyed by the President, Vice President, Governors and their deputies under Section 308 of the 1999 Constitution, they can be investigated though not tried.

Fawehinmi did not only litigate, he also published the Nigerian Weekly Law Reports (NWLR); “must have” for every serious legal practitioner in Nigeria. Today NWLR has over 780 parts with each part having over 300 pages weekly. The NWLR has been consistently published for 21 years. He also had 20 other books on different aspects of law to his credit.

In the dark years of military dictatorship when many receded, Gani Fawwhinmi was one of the few that stuck out their necks to seek justice, protest reckless use of power and abuse of human rights. Irrespective of the dire consequences, he frequently sought judicial review of governmental policies and actions. This landed him in prison several times that it became a way of life for him. But in his characteristic doggedness he remained undaunted. In fact, he was reputed to have kept a bag packed in case he was unexpectedly hauled off to jail.

His hard stance on Human Right issues is incontrovertible. This attracted accolades even beyond the borders of Nigeria. In 1998, he was awarded the Bernard Simons Memorial Award of the International Bar Association (IBA). The award is one of the highest distinctions that may be conferred on a lawyer across borders. The award was instituted in June, 1995 in honour of late London solicitor, Barnard Simon to reward outstanding achievements in Criminal Law Practice which promote, protect and advance human rights, especially the right to live in a fair and just society under the rule of law. By this he became the first Black African to be so honoured.

Gain, no doubt, lived a fulfilled and remarkable life devouted to the fight for good governance and justice. The tributes paid to him by Nigerians eloquently testify to this. But, as stated by the president of the Nigerian Bar Association, Mr. Oluwarotimi Akeredolu (SAN). “We are consoled by the quality of his consistent and persistent input to national development, Fawehinmi, a legal icon and public interest litigator par excellence, fought a good fight. His life is an enduring lesson”. Also, Gani’s like, Lagos lawyer, Femi Falana said “Indubitably, Nigeria has lost a dogged fighter par excellence, a social crusader of extra-ordinary moral fibre and public interest litigator of unequal dimension who consistently confronted the menace of institutionalised injustice, wanton official corruption and excruciating poverty unleashed on helpless Nigerians by a tiny rapacious ruling. Elite.”

After being imprisoned 32 times between 1969 and 1996 and detained in 12 jails with the accompanying brutality by security operatives; incessant searches and seizure of international passport Gani still ordered, on his sick bed, the filing of an appeal at the Court of Appeal, Abuja to challenge the ruling of a Federal High Court, Abuja over his suit in which he contended that the appointment of Mrs. Farida Waziri as chairman of the Economic and Financial Crimes Commission (EFCC) was invalid as Nuhu Ribadu, the former EFCC boss has not been removed from office.

With the death of this legendary political activist and human rights crusader, it is obvious that we are “only remembered by what we have done” and that for positive change to occur we all have contributions to make. Change does not just happen, neither is it thrust or foisted on a people; it has to be made to happen. Gain did not just wait for it to happen, he did something to engender positive change. Let us quit the ignoble role of armchair criticism and impact on our society. We might not have the privilege or opportunity of doing it in large scale like Chief Gani Fawehinmi but we can do something to make a difference.