[INTERVIEW] Law Practice Is In My Genes — Onueze Okocha, SAN

 

 

A former Attorney-General and Commissioner for Justice in Rivers State, Onueze Okocha (SAN), talks about his career, lifestyle and other issues.

What inspired you to pursue a career in law?

I often say that the fear of mathematics drove me to study Law. But, in truth, I was not that bad in mathematics. I got a C5 in mathematics, and I was very good in trigonometry, arithmetic and geometry, but I dreaded algebra. When I was choosing a course to study at the university, I was advised by my father to look for a professional course. My father advised me to learn from his experience because all he had was GCE O-levels, which he got by private tuition when he was a policeman, but he later rose through the ranks. As a matter of fact, he was Assistant Commissioner of Police for the old Eastern Region when the war broke out. In Biafra, he became a Commissioner of Police. But, after the war, they did not retain him. He was retired, and he felt that his 28 years of service to the police was wasted. He said if he had a profession, he would rent a room, print business cards, put up a signboard, and he would be in business. So, he advised me to look for a course that would make me a professional, so that if I could not get a job from a government institution or big companies such as Shell, I could set up on my own firm. That was really what made me choose to study law. Reflecting on my life, I have come to realise that law is part of my genetic makeup. My great-grandfather and grandfather were both native court judges.

To the glory of God, I can modestly say I studied law and I have made a success of it. My immediate elder sister also studied law and became the Chief Judge of Rivers State. Three of my four children are lawyers. My second son has a PhD in law, while my two daughters have Master’s degrees in law.

How do you approach representing clients in high profile cases?

Most cases are not known to the public. The profile of a case is only between the client and their lawyer. In the case of a client going to court to recover a room from a tenant, for that client, that case is as important and as high profile as any other case. In fact, one cannot tell them that one is leaving the case to go and handle another case that one thinks is more important to one.

However, I know what you mean when you talk about high profile cases, which are those ones that attract public interest, and that could be controversial.

Generally, I approach every case the same way by considering the issues at stake. I also consider the client’s interest that I am protecting. I give every case the seriousness it deserves.

What is the most challenging case you have worked on and what was the outcome?

I have handled quite a few challenging cases. In fact, as I mentioned earlier, every case is challenging. Some cases might seem like a small matter to the public, but it can be challenging, because it depends on the way and manner one handles them to ensure success for one’s clients in the pursuit of their legal rights. I once handled a case where a young man and his wife were attacked by armed robbers in the city of Port Harcourt. The robbers broke into their house and used bottles and sharp objects to injure two of them. Both were injured. The man sustained injury on his head because they flung a bottle at him and his wife, while she had a deep cut on her leg and was bleeding profusely. The two of them were rushed to the hospital. While the man was able to pull through, the wife bled to death. During the trial, the doctor who gave evidence said that the immediate cause of the woman’s death was that she bled to death. That case ended up with the husband being charged with murder. He was charged with conspiring to murder his wife. The woman had a lot of money, so her brothers and other relations believed that the man was after her money. The man was on trial for four years, but I successfully handled his defense, and he was acquitted and discharged. That might have been the most challenging criminal case I have handled. There have been other cases that were not criminal cases. I have handled cases companies, such as Shell and Michelin. I have also represented the Nigerian Navy in a case. I have handled very challenging cases, but they come and go, and these cases make a lawyer gain a good reputation.

In your opinion, what is the most rewarding part of being a lawyer?

The most rewarding part of being a lawyer is the honour and adulation one gets from the public. The prestige and honour that have come to me because people recognise me as a lawyer who has done well in the legal profession is highly rewarding. Of course, with honour and success in any field of endeavor also come monetary benefits. We are in business, even though we say we are professionals; we are also there to earn money. I thank God for the little that we have done in the profession.

How do you handle cases involving sensitive or controversial issues?

One must first understand the facts of the case, then one determines the best strategy in handling them.

Second, one must understand the laws surrounding the case.

Third, one should adopt a strategy that will assist one in getting judgment for one’s clients.

Have you ever turned down cases where your personal beliefs or values were at conflict with those of a client?

Yes, that has happened several times. It is one of the hallmarks of our profession that where one feels one’s personal interest is likely to conflict with one’s professional responsibility with one’s client, one is advised not to take the case. I have handled a few like that. I remember some that related to members of churches and other religious organisations taking themselves to court. Cases have come to me to sue a certain church or the other. Cases have also come to me to challenge the nomination and enthronement of a bishop. Cases have come to me to stop burials. Those things don’t sit well with me, because there is a saying that the best thing one can do for a dead person is to bury the corpse. But, some people go to court to stop some burials.

I believe that religious and family matters are best resolved on an amicable footing. Whenever I get cases like that, I tend to decline. When I give advice and my client does not take advice, I decline to take the case.

What is the biggest misconception people have about lawyers?

The biggest misconception that people have about lawyers is that they are liars. Our rules of professional ethics indicate that we must be honest and truthful in our dealings with our clients, courts, professional colleagues, and fellow lawyers. Every lawyer is taught that honesty and integrity are the hallmarks of the professional. One cannot deceive a court. So, when one hears people talking about lawyers being liars, it is not true, because lawyers are not expected to put up a defense on behalf of their clients, if they know it is not true. That is one of the greatest misconceptions people have about lawyers.

How do you handle situations where a client is not satisfied with the outcome of their case?

Simple, I advise the client on their constitutional right of appeal. When we go to court, we make the case for our client on one side, and the lawyer on the other side make the case for their own clients too. The good thing about our profession is that there is always an arbiter. If we cannot end it among ourselves by negotiation and discussion, the matter will eventually go to court, and the dispute will be resolved by the parties presenting their cases before a judge.

What is the most important lesson you have learnt as a lawyer and SAN?

The most important lesson I have learnt is that honesty and integrity pay huge dividends. Once one is honest with one’s clients and give them honest advice, they will be satisfied that one has worked diligently for them.

I have never lost a client because I lost a case. I have also not lost a client because of my behaviour. But, many litigants have come here and openly uttered allegations against their lawyers. Some say that their lawyers did not represent them honestly, gave them wrong advice, or that they sometimes were even acting in cahoots with the other side. We often hear these things, and one cannot find oneself in such a position of conflict of interest and expect to go far in the legal profession. Those are infringements of the rules of professional conduct in the legal profession. However, I thank God I have never had any such difficulty with my clients.

How did it feel when you became a SAN in 1995?

It felt very satisfying and fulfilling, because the rank of Senior Advocate of Nigeria is the highest rank that one can attain when one is practising as an advocate in court. It is usually conferred on those who can be said to have distinguished themselves in the legal practice. So, for us, it is the fulfillment of most of our aspirations to become a SAN. When I was elevated to the rank of SAN in 1995, I felt very happy. When I finished law school, our class— the 1978 set— was remarkable. I was the fourth in that set to become a SAN. It was quite fulfilling. At the time I became SAN, some people had made it at a much younger age post-call to Bar. In 1995, when I was made a SAN, I was just 17 years post-call. And, for those of us who are practising in the places that are called provinces, it took some time before the Court of Appeal came to Port Harcourt. We were not exposed to appellate practice that early and we used to accompany other senior lawyers to go to the Court of Appeal in Enugu, the Supreme Court, and the Court of Appeal in Benin. To become a SAN, one has to show how many times one has appeared before those other courts, such as the Court of Appeal and the Supreme Court.

One has to show how well one has conducted cases, and how well one has conducted oneself so, it was self-fulfillment. That was the feeling I had, and I continue to thank God that I became a SAN when I did.

What is your assessment of the current state of the nation’s justice system?

Frankly speaking, our justice system is not bad. But, the state of the justice system is such that there is still a lot to be desired, particularly with the issue of speedy, efficient and effective dispensation of cases. Sadly, our courts are still recording in long hand. The judges have been talking about introducing electronic recording equipment and Internet facilities into the court system. I have visited courts abroad and things move faster there. They have trained stenographers to record and transcribe proceedings for judges. Many of us watched OJ Simpson’s trial (in 1995) before an American court, as well as other sensational trials in courts abroad. One area of serious concern is the fact that the wheels of justice do not turn as quickly, speedily, effectively and efficiently as they ought to turn in Nigeria. Because of that, many people sometimes feel disillusioned about our legal system, and the system of administration of justice in this country. That is, perhaps, one of my regrets in this profession. There is no doubt that the courts are working, and the judges are qualified. As a matter of fact, I feel our judges are some of the best in the world. Besides, some Nigerians have sat on the World Court, and the International Court of Justice. Some have even been Chief Justices in some other African countries. Akinola Aguda was a Chief justice in Botswana; Justice Egbert Udoma, who ended up in the Supreme Court of Nigeria, was Chief Justice in Uganda; our own Adolphus Karibi-Whyte sat on the International Criminal Court; Justice Charles Onyeama, from Enugu, sat on the World Court, which is an international court of justice. We have eminent lawyers and judges, but the problem remains that the court system is slow in Nigeria and has led to disillusionment on the part of most of the litigating public.

What were some of the unforgettable memories you had during your time as a student of the Obafemi Awolowo University, Ile Ife, Osun State, in the 70s?

When I went to that university, it was called the University of Ife. It was much later after I had graduated in 1977 that the name was changed to Obafemi Awolowo University.

During my time in school, I was involved in law students’ activities. I became President of the Nigerian Association of Law Students in 1975/76. I also became Vice President of the West African Association of Law Students, and at some point, the English-speaking West African countries formed a West African Law Students Union. Those were memorable events, and we used to go from one university to the other, promoting the interests of law students at the time. Those experiences helped to develop the interest I had in the legal profession.

Also, when I contested to be the president of the Nigerian Bar Association, there were things I remembered and highlighted that gave me some progression, because it was seen that I had worked for this profession, even as a student.

What were the highlights of your time as the Chairman of the Nigerian Bar Association (Port Harcourt branch)?

As the chairman of the Port Harcourt branch of the Nigerian Bar Association, I started what we call ‘direct interaction’ between the lawyers and judges.

During our law week programmes at the time, I introduced the ‘Bar-Bench Forum’, which was attended by judges, magistrates, and lawyers. Members of the press would not be absent, and we would look at ourselves eyeball to eyeball, and talk about how we felt the judiciary and courts should be run. The judges would also look us in the eye, and tell us how they felt lawyers should behave. That bar-bench forum was one of the highlights of my tenure. On a particular day, during our law week programme, lawyers and judges met with the magistrate in attendance to do some in-house cleaning, because we could look at the judges and tell them that they were accused of wrongdoing.

As a former chairman of the judiciary committee of the Nigerian Bar Association, how did you contribute to the development of the legal profession in the country?

We reviewed the rules and procedures of practice. We also looked at the issues of administration and dispensation of justice in the courts. We highlighted the fact that we could not have efficient courts without the commensurate number of personnel. There are so many cases, so there is a need for the right number of judicial officers, judges and magistrates to dispose of those cases. Those were the things we always highlighted whenever we interacted with the bench at that time. We also thought that as lawyers, we should be given the opportunity to examine the list of persons being considered for appointments as superior court judges. The reason is that we could contribute, and advise on whether the person is fit for the post or not.

We also made it an important cornerstone that the courts should be properly set up, with enough qualified judges appointed to preside over cases.

Those were the few contributions we made when I was chairing the judiciary committee of the NBA.

What would you say were the notable works you have done that earned you double national honours?

My first national honour— Member of the Order of the Federal Republic— came in 2004 shortly after I had left office as President of the NBA. We had gone to visit the then President, Olusegun Obasanjo. After I delivered my speech, where I said we were determined to fight corruption in the judiciary, Obasanjo said, “Do this for me, and I will give you a medal”.

Meanwhile, at that time, a news magazine— ‘Tell’— had leaked the report of a committee that had probed the judiciary, and there were allegations that some judges were not as honest as they should be.

The last national honour I got— Officer of the Federal Republic—was awarded to me in October 2022, due to my consistency.

I eventually became the Chairman of the Body of Benchers in Nigeria. That body is the highest body of excellence in the legal profession, and it is the only body mandated to call lawyers to the Bar. Again, some colleagues and friends nominated me, because they felt that my tenure as first vice chairman was quite remarkable. We tried to ensure that universities and the Council of Legal Education lived up to their billing in producing lawyers that would pass through the law school and be called to the Nigerian Bar. We also ensured that lawyers who were accused of professional misconduct were properly disciplined.

My track record in the legal profession has always been that of consistent service. I was also a member of the Federal Judicial Service Commission, which was appointing judges to the federal courts or recommending judges for appointment to federal courts.

I have also served as a member of the National Judicial Council, which is responsible for appointing judges at all levels, and removing judges found liable for misconduct.

I believe those were the things that might have earned me the honours.

As a respected lawyer, how do you leverage your status in the industry to ensure that the rule of law is aptly followed?

I do that through public advocacy; by speaking against the ills of law enforcement agencies, or calling out the government in situations where they have been disobedient of court orders, or not given necessary attention to the judiciary.

What is your approach to mentoring and developing young lawyers?

It is not that formal. By the examples one set, one is mentoring others. One’s conduct and interaction with others will also help to mentor the young ones.

From time to time, I give lectures at Bar conferences, and even attend some students’ activities, and participate in seminars. I believe that kind of attitude and participation is a good way of mentoring the younger lawyers, who will eventually succeed us in this honourable profession of law.

What advice do you have for aspiring lawyers?

Even before they get into the university to study law, aspiring lawyers should know that it is a very serious profession, which upholds honesty and integrity.

Dedication to duty, hard work, and upholding the rule of law are very important. Those are the things that I hope will carry us forward, so that sooner than later, Nigeria will truly be a country that operates within the rule of law.

Away from law, what are your favourite travel experiences?

I enjoy traveling a lot. I loved to go away with my wife to places far away, where we could relax and have a good time. When we started having children, I also enjoyed going on vacation with them, so as to bond well.

Travelling with my wife and children to exotic places are my favourite travel experiences.

How would you describe your relationship with your children now?

As they grew older and went off to secondary school (boarding) and university, my wife and I ensured that they always came home for holidays. Even when they are studying in foreign countries, we would find an occasion to visit those countries.

We worked out an arrangement where the children would all come home for Christmas holiday. But, because they were studying abroad and it was not convenient for them to come home twice a year, my wife and I would also travel to where they were studying for Easter. That way, we were able to bond better.

That also helped me to instill in my children the idea that they are Nigerians, and they should not just go to England or the United States of America, and disappear.

They have to see it as their country that they must come back to live here, work, and contribute to the development of the nation.

How long have you been married, and what has been your favourite part of being married?

I have been married for 39 years. Next year (2024), my wife and I will celebrate our fortieth anniversary.

The favourite part of being married is the creation of an atmosphere of love, happiness and joy within the family. It is always a happy thing when one can sit with one’s children and now, grandchildren too.

Family life is very comforting and rewarding, especially when God blesses one with good and successful children and grandchildren.

In what ways does your family support your career?

They make sure they don’t give me too many problems to deal with. Now that all my children are out of the university and are gainfully employed, they have reduced the load on me. From time to time, they even contribute to my happiness. Sometimes, they bring me a bottle of whiskey or wine. They are also giving me grandchildren.

Many people believe that lawyers are usually too ‘serious’ to have a social life. What’s your reaction to that?

That is not true. Lawyers are also human beings, and they like to socialise. The thing is that most of us have serious engagements as lawyers. As you can see from my desk, I am handling quite a few case files. In many cases, immediately we come back from court, there are already clients waiting to consult with us. This is in addition to getting ready for the next day’s court appearance.

Practising law is tedious work, but I chose to follow that path, so I should not be complaining that the work of a lawyer is too burdensome. It is something I feel happy about. There are lawyers who don’t even have work to do. So, if one has work to do, and one is getting rewarded for it, one should thank God.

If you were not a lawyer, what other career would you have chosen?

Perhaps, I would have gone into architecture, which is another profession I like. I would have also considered the movie industry. I was a member of the dramatic society from secondary school through my time at OAU. I recall going for an audition for one of Professor Wole Soyinka’s play titled, The Trials of Brother Jero. I like acting and I think now I could have made a success of it if I had chosen that career.

Some lawyers recently criticised the invitation of a controversial singer, Portable, to perform at the just concluded NBA conference. What is your view on that?

We believe in the freedom of speech and association. We believe that everybody has the right to express their opinions. Some of them had their reasons for criticising the invitation of Portable. Some felt we could have invited our own colleague— Folarin Falana.

However, we usually leave those things to the technical committee for conference planning, which is otherwise known as the Conference Planning Committee. If the conference planning committee had produced a programme that was approved by the National Executive Committee, we must run with that programme. There was nothing wrong with inviting Portable. He is actually well-liked in some quarters. Some people might not like his genre of music, but others do. And for me, that is a non-issue. The proposal was put before NEC, and it was approved. Whether it went well or not is a secondary question.

We had invited artistes, such as Davido, to perform at some of our conferences.

There were some people who enjoyed it (Portable’s performance), while others did not. One cannot satisfy everybody, and we must allow the elected officers of the association to run our conferences as we have approved them.

How do you unwind?

Travelling to beautiful places across the globe with my wife and children helps me to unwind. I also watch movies; and read books and magazines.

 

 

 

 

 

Culled from PUNCH