From the Mouth of the Sage?!?

Do these quotes sound familiar:

"They misunderestimated me."

"They have miscalculated me as a leader."

"I became totally inebriated with hitting the big one."

"These people don't have tanks. They don't have ships. They hide in caves. They send suiciders out."

America stands for liberty, for the pursuit of happiness, and for the unalienalienable right of life."

"Suiciders are willing to kill innocent life in order to send the projection that this is an impossible mission."

"The best way to defeat the totalitarian of hate is with an ideology of hope -- an ideology of hate -- excuse me --with an ideology of hope."

Come on, only by the World's most powerful leader

Morrissey

Morrissey is quoted as follows:

"British identity has disappeared because the country has been flooded by foreigners"

"Also, with the issue of immigration, it's very difficult because although I don't have anything against people from other countries, the higher the influx into England the more the British identity disappears.

"So the price is enormous. If you travel to Germany, it's still absolutely Germany. If you travel to Sweden, it still has a Swedish identity. But travel to England and you have no idea where you are.

No comments really other than the following:

a. Morrissey is the son of Immigrants to Britain

b. His response to a Britain suffering from an Influx of Immigrants was to err..emigrate to Italy and then the USA, where he has lived for upwards of 10 years.

Any questions?

The Collapsification

I sit across from a work colleague PK, who heads the Transport Technology Division of the company in which I work. A proud, traditional, middle-aged Scouser of the Everton supporting variety, a former teacher and speaker of four European languages (five if you count Liverpudlian)

PK has in moment of great excitement (whether at or outside of the Coach and Horse) come up with his own special vocabulary geared towards describing an extreme state of affairs, an example and my favourite being the term- "Collapsification" which he uses to describe an almost total disintegration of cohesion, structure or stature, last used to describe the England performance against Croatia.

No other word better describes the recent near annihilation of the Labour Party since the ascension of Gordon Brown.

There are many theories within and outside the Labour Party as to how things have to come to the present pass. Here are a few theories:

a. Upon the exit of Tony Blair, Labour has been deprived of its valuable, sleek information management machine, hence the present debacle being more a question of Info management, since there did not appear to be much worse happening than in the past (with the exception of the HMRC Disc scandal);

b. Gordon Brown’s structure is more geared towards open honest resolution of issues, hence the presentation of facts is geared more towards clarity and propriety than political info-manipulation;

c. There is a vacuum of crisis management leadership within the party; hence the seeming lack of ability to deal with the crisis of confidence within the party and the serious national image–disasters the Party seems to be stumbling into one after the other.

d. A genuine and serious lack of direction, initiative and vision within the party leadership, engendered by dictatorial control by Gordon Brown of practically all decision-making vehicles.

My sincere view is that there is a little of all of the above, which is probably Karma for Labour, which has itself to blame for throwing away the goodwill it enjoyed from the British people. There is no doubt that a lot of the difficulties faced by Labour were inherited from Tony Blair, however that is purely academic, leadership involves taking responsibility for stewardship a choice which was palpably clear to Gordon, who actively sought the position.

The sad thing is that Britain is on the road to returning the Tories back into Government, for this the Tories should not be commended but Labour should take responsibility- rather sadly in my view- for having betrayed the hopes of the country.

Cameron says call me Dave, well perhaps we'd better call him Sir or Prime Minister.

Ps/ Just gotten details on the David Abrahams donation disaster, goodness, even Frank Spencer couldn't possibly manage Labour's recent propensity for self-destruction!!

Greatest Highlife Guitar Performances

1. Raphael Amarabem - Suzanna Pango. Jolly Papa, Osima Toru Korote , Love Mu Adure, (Rex Lawson); Eddie Quansah, (Peacocks); Atabla Woman (Professional Seagulls).

2. Oscar Elimbi- Iyogogo- (Onyeka Onwenu); Songs at Sunset (Ikenga)

3. Fatai Rolling Dollar- Iyawo Ma pami; Easy Motion(Afro-Skittles)

4. Easy Kabaka Brown- Day by Day; Esi Nana (ET Mensah); Mo fe Mu Oyan; Bola (Victor Olaiya).

5. Professor Kwame Gyasi- Manse Umo

6. Eric Agyeman- Kyen Kyen Bi Adi Mawu (Thomas Frimpong)

7. Godwin Kabaka Okpara- Uwa A Tuola Mu Ujo; Akwa Uwa, Onye Ma Uche Chukwu (Oriental Brothers)

8. Frank Essien- Whisky Son U Odo

9. Kwaa Mensah- When I die tomorrow

10. Victor Uwaifo- Joromi

11. Koo Nimo- Yaa Amponsah

12. Harry Mosco- Ijenu, Usondu (Celestine Ukwu)

13. Messi Martin - Mengala Maurice

14. Oliver De Coque- Identity

15. Ezekiel Uti- Osondi Owendi, Makojo, Baby Pancake (Stephen Osadebe)

16. Soliman Rogie- Dead men don't smoke Marijuana

Judge Tunji Sowande Pt 2

Interesting to note that my previous article on the late Judge Tunji Sowande, has been syndicated in a number of Print and electronic Media platforms- including the flagship Guardian. Well very good, but not for me, for the late gentleman who was very little known or celebrated. In addition I have verified the authenticity of the facts contained in the article from none other than his daughter -Mrs Ayo Eneli.

I say once more that Tunji Sowande was one of the greatest Black Britons and Nigerians who ever lived and to the extent that my write-up is the only comprehensive source Bio on the great man, then as said I've done my bit.

Here's a link to the Guardian article Guardian and indeed my original article is reproduced below.

Tunji Sowande was born in Lagos, Nigeria in 1912 to a fairly wealthy local family by standards – his father being the Anglican Priest- Emmanuel Sowande, a pioneer of Church music in Lagos and contemporary of the distinguished classical composer and organist- Dr Ekundayo Phillips. His was a musical family, with his older brother being none other than the renowned Classical composer- Fela Sowande, described by Wikipedia as “the father of modern Nigerian art music, Sowande is perhaps the most internationally known African composer of works in the European "classical" idiom.” A reputable resource on Fela Sowande is attached - FELA SOWANDE.

Tunji Sowande had his early education at the CMS Anglican Grammar School in Lagos and proceeded to the Yaba Higher College, where he obtained a Diploma in Pharmacy on or about 1940. As was the practice, he worked with the Public Health department in Lagos as a Dispensing Pharmacist for a number of years. His contemporary being the late Adeyinka Oyekan, his good friend, who was later to become the Oba (King) of Lagos.In the family tradition, Tunji was an excellent Baritone Singer, Organist and later a Jazz Drummer. Largely plying his musical skills in the conservative surroundings of the Anglican Cathedral in Lagos in his spare-time.

In or around 1948, he decided to travel to the United Kingdom to pursue a career in Law, though his personal account was more to the effect that he wanted a change of scene to pursue his musical skills, with legal studies being a respectable adjunct to his genuine quest.He studied Law at Kings College and took and passed the Bar Finals at Lincolns Inn, having said that he occupied himself primarily playing around the UK, supporting several acts both Jazz, Classical and Choral. He collaborated on live sets with several contemporary heavy-weights like Johnny Dankworth, Ronnie Scott, Paul Robeson to name a few as well as popular Afro-Caribbean icons like Ambrose Campbell and Edmundo Ros. He is on record as having formed a long standing partnership with the hugely popular pioneering Black Singer and Pianist Rita Cann and was indeed part of the circle of Black Intellectuals and musicians who met regularly at the Regents Park flat of the African-American musician- John Payne. Rita Cann had actually been mentored by Fela Sowande. A link to the resource is attached- Rita Cann

He also recorded at least one single on the Afro-Caribbean Melodisc label, the track being “Thin Rere” and Igi T’Olorun” a link to this resource is attached- MELODISC. Contemporary acts on this label being Lord Kitchener and Ambrose Campbell. He is also reputed to have dedicated a substantial part of his musical career to playing for Charity entertaining an Elderly audience- as a duo with Rita Cann, travelling around the UK for this purpose.

Tunji Sowande upon completing his pupilage was informed by his Pupil Master that he had been offered a full Tenancy at the prestigious 3 Kings Bench Walk Chambers. His reaction was however that of surprise, since his own ambition was to pursue his musical career on completion of his studies. This is to be seen in the context of the fact that Tenancies in prestigious Chambers were not available to Black Barristers- the UK still being subject to the racial and class strictures attendant at the time. He initially refused it but subsequently accepted it after pressure from his Pupil Master, who would not countenance a Lawyer of his exceptional intellect and ability doing otherwise than taking the opportunity of a career at the Bar.

Tunji went on to pursue a distinguished career at the Bar, specialising in Criminal Law, he was recognised as an exceptionally competent, unassuming and scrupulously honest Lawyer. His only other Black contemporary at the Bar at the time being the Caribbean Barrister – Learie Constantine, who was a professional Cricketer and Captain of the Legendary West Indian Cricket team- who rather wonderfully practised Law as a hobby and who had famously sued and won compensation from the Imperial Hotel in London in 1944 for barring him “on the grounds of colour”. Constantine later became Trinidadian High Commissioner to London and indeed the UK’s first Black Peer.

He rose to the rank of Head of Chambers at 3 Kings Bench Walk after several years, no mean feat. In addition, he was appointed a Recorder (Judge) of the Crown Court, from where he retired on or about 1989. He handled a large number of complex Criminal matters in the course of his career, I am in the process of researching the archives to locate some of these.

There is speculation on this point, but there is evidence that Tunji Sowande was the first person of Black African descent to be appointed a Recorder of the Crown Court and indeed to Head a Barristers Chambers. Whilst Dr John Roberts QC (the Sierra Leonian born former RAF officer) is listed by the Black Lawyers Directory as the first of such, link is attached to this resource-ROBERTS, I disagree completely in that Dr Roberts was appointed to the Bench in 1987, whilst Tunji Sowande was certainly sitting as a Recorder in 1985. In addition it is to be remembered that Tunji Sowande was called to the Bar in 1952, whilst John Roberts was called in 1969. Whilst this is not necessarily a requisite for appointment to the Bench, it is a fair Indicator. In any event, Tunji Sowande assumed the Headship of 3 Kings Bench Walk in 1968, before Roberts was called to the Bar.

I recall sometime in 1983, reading the magazine Tatler- belonging to my mother, of which contents were plainly meaningless to me on account of the status-based content- I had nothing else to read on that day- and I noticed a photograph of a very tall, elderly Black gentleman, amidst all the great and good of English society at some society function, the gentleman was described as Judge Sowande, the same one. This sparked my interest and on an aside, enquiries almost 10 years on showed him to be the father-in-law of my Uncle (my mother’s cousin) and the grand-father of some of my closest cousins.

Sowande’s life was a study in simplicity, integrity and conviction. He lived his life in accordance with his own unique standards, applying himself excellently in all he chose to endeavour. He died in 1996, though I am informed that he still climbed the 3 floors to his flat in Temple EC1 up till his death at the age of 84.

Tunji Sowande was instrumental to the careers of several Lawyers of minority persuasion, always a source of subtle and useful fatherly advice, he however did not view himself purely in the context of an ethnic professional but recognised the difficulties faced by ethnic Lawyers. One such Lawyer being Kim Hollis QC, the first female Asian QC, who was given her opportunity of Tenancy by Tunji Sowande, who indeed mentored her in the early stages of her career. A link to her Interview is attached Hollis. She cites his advice to her as the most important she ever received in her career- "BLD: What was the best career advice you were given? KH: This was from Olatunji Sowande, who offered me my first tenancy: if you are determined, you can succeed. BLD: What career advice would you give to others?KH: It is really what Olatunji Sowande told me. Determination and hard work: if you are determined to succeed and work towards your goal, you can achieve it."

There are several other accounts of several minority Lawyers who benefited from his assistance and mentoring. Another example being the highly respected Barrister- Chima Umezuruike, whom he beckoned at a function, whilst Umezuruike was still seeking a Pupillage and engaged him in a conversation about his plans. From thence a fatherly relationship ensued with, Tunji Sowande encouraging and imparting sage professional advice to him at several stages of his career.

An undeniable fact is that the work of Tunji Sowande and some of his peers broke down the barriers that stood in the way of Lawyers of minority persuasion. This is to be read in the context of the times he practised Law, a period when minorities were effectively barred from several institutions of British life, much less the protected institution of Law Practice at the Bar, of which there are obstacles even today, not just to ethnics, but to White Britons from the wrong end of the class spectrum or the wrong Academic catchment i.e non-Oxbridge.

Tunji Sowande never achieved his ambition of becoming the UK's first Black QC but certainly left his mark on the profession and it is a mark of his modesty and under-stated substance that not much is known of his work and life, simply because he was an extremely humble man who did not believe in self-promotion, his disposition being to get on with the tasks at hand and show respect for all regardless of station and apply himself with complete dedication to his vocation.
This has been one of the more difficult articles I’ve written on account of the total dearth of web-based information on a very distinguished man. This probably being on account of his modest and private nature. I would thus appeal for more information and ask anyone with the same to please get in touch on ek3005@yahoo.co.uk or indeed by publishing a comment on these pages, which I shall publish upon verifying its authenticity.

I also noticed that Sowande was not listed amongst the 100 greatest Black Britons of the last century (of which his musical partner- Rita Cann was listed and undoubtedly most deserving) or even on any Who’s Who of Black Briton’s or indeed Nigerians, which I think borders on the criminal, well I’ve done my bit and ask that more be done in his memory to highlight his life as a beacon to persons of ethnic minority persuasion or indeed any one wanting an example in how to lead a simple, decent life. In my view he was one of the greatest Black Britons and indeed greatest Nigerians that ever lived.

© Edward Keazor

Sir Louis Mbanefo

APPROVED BY AUTHOR FOR PUBLICATION ON WIKIPEDIA

AND GENERAL FREE LICENCE

Following the initial publication of this article, I sought clarification of the facts herein from Mr Louis Nnamdi Mbanefo SAN- Sir Louis' son, who has very kindly offered substantial corrections, which I duly reflect and express my apologies for the inaccuracies which were completely inadvertent. I have highlighted the corrections in Italics below:

There are few personalities who have shaped the course of the Legal profession in Nigeria, as Louis Mbanefo, it is however interesting that there is very little information on his life on the web and my intention is to provide some kind of composite record.

Louis Mbanefo was born in Onitsha, Eastern Nigeria on the 13th of May 1911. He was educated at The Methodist Boys High School in Lagos and subsequently at the prestigious Kings College, also in Lagos, which was modelled on Eton and Harrow College's and where he ws a keen Cricketer and Footballer- all these between the years 1925-1932. He was then admitted to the University College London, where he studied Law, graduating Second Class Upper in 1935 and was called to the Bar at The Middle Temple later on in the same year. He was then admitted to Cambridge, where he obtained a further Degree in the Humanities in 1937.

H.O.Davies, Nnamdi Azikiwe, Ernest Egbuna and Louis Mbanefo, 1938

He returned home to Nigeria and set up practice in his hometown of Onitsha and is on record as the first Lawyer from the East of Nigeria. By virtue of this status, he developed an incredibly successful practice, with clientele largely sourced from his kinsmen who were an extremely resourceful breed of wealthy traders and also as a result of the frequent Land disputes arising as a matter of course in the territory. It is reputed that whilst such disputes had previously been settled by Tribal Warfare, they were now being resolved in the arena of the Law Courts and an indigenous and competent Gladiator- as Mbanefo undoubtedly was, became an invaluable asset in the new dispensation. His practice covered a huge area, basically the East and North of the country. He made several notable appearances in landmark cases before the Regional Court, Supreme Court and West African Court of Appeal, reports of appearances before the Privy Council are as yet unconfirmed.

He then veered into politics and was elected into the Eastern Region Parliament in 1950, where he distinguished himself as an excellent Orator and Lawmaker. However the pull of the Legal profession was such that he returned after 2 years, but this time to the Bench, as a Justice of the Supreme Court of Nigeria in 1952, with his first posting being to Warri in the Mid-West of Nigeria, where he sat as resident Judge.

Sir Louis, Dr Kofo Abayomi and Dr Alvan Ikoku at the opening of the University College Ibadan, 1952

He was later seconded back to the Eastern Region as Chief Justice in 1961 and in 1962, reached the peak of his Judicial career by appointment to the International Court of Justice, as an ad-hoc Judge, a position he occupied till 1966, when he returned to his post as Chief Justice of the Eastern Region. His appointment to the ICJ being to sit on South-Western Africa Cases i.e Liberia v South Africa and Ethiopia v South Africa ICJ Reports 1966 (click link for full report of Judgement - ICJ which spanned over four years.

This decision being on consideration by the ICJ, of applications by the Governments of Ethiopia and Liberia in respect of the Mandate held by the Union of South Africa over the peoples of South West Africa (The mandate system being a creature of the Charter of the League of Nations and upon which South Africa had exercised control of the territory and its people) and more specifically as to whether South Africa had properly exercised its mandate or whether it should be condemned for having failed to properly exercise this mandate -by its illegal treatment of the said people.

The split decision of the Court being that South Africa be condemned for failing to properly exercise the said mandate. Sir Louis' contributions were succinct, powerful and knowledgable- on the whole ethos, status and principle of the Mandate system- especially regarding the administrative and reporting obligations of Nations and his crucial finding being that whilst the Administrative reporting and monitoring duties ceased on the dissolution of the League of Nations, the moral obligations of the Mandate state continued beyond the dissolution of the League and such an obligation was essentially binding on the Union of South Africa. This in my view was the defining moment of his career and an indelible Legacy to International Law.

Sir Louis, in the Cameroons, 1966

In 1961, he received a Knighthood from the Queen and assumed the title which he proudly answered till his death- Sir Louis Mbanefo- Kt

Upon the outbreak of the Nigerian Civil War, he was appointed the Chief Justice of Biafra and Ambassador Plenipotentiary. He was actively involved in the Peace talks with the Nigerian Government and worked actively towards a diplomatic resolution of the Crisis. He remained in Biafra till the very end, after the Biafran Leader fled, leaving Sir Louis and Major-General Phillip Effiong to effectively take the noble step of ending the War, the surrender being effectively signed by Major-General Phillip Effiong. History will judge Sir Louis and Major-General Phillip Effiong as men of sterling courage and integrity who rather than prolong the suffering of Biafra effectively negotiated an end to hostilities, whilst those who preached a fight to the very end, fled they stayed in Biafra and took the necessary and dignified step of ending the unnecessary suffering of their people.

Sir Louis, during the civil war. 1968

Upon the cessation of the war, Sir Louis resigned his appointment to the Bench on grounds of principle, the same of which was not accepted by the Nigerian Government for a substantial period. The fact remains that beyond any shadow of a doubt, Nigeria had been robbed of the services of one of its most distinguished Jurists and Statesmen.

Sir Louis is welcomed back to Nigeria at the end of the war by General Gowon, 1970.

He dedicated his later years to Charity and Church work, serving variously as President of the Christian Council of Nigeria, Chancellor of the Niger Diocese- a position he had held since 1946, President of the Anglican Consultative Council from 1972 and a Fellow of the University of London.

Sir Louis sadly died in 1977, in many people's view without his country having had the full value of his knowledge and ability as a Jurist and Statesman, however his legacy was to open doors for several of his Kinsmen to pursue careers at the Bar as well as his sterling career as a Barrister and illustrious career on the Bench- especially at the International Court of Justice, this in my view is a worthy legacy.

Sir Louis was undoubtedly a Pioneer in his field and a man who broke down huge barriers, its not to be forgotten that he obtained his education in the United Kingdom at a time when it was extremely rare to have a person of his ethnic persuasion pursuing higher education, much less professional training at the Bar. He was an extremely intelligent, disciplined and diligent man who applied himself with single-minded dedication to his profession. A towering intellectual whose contribution to International Law via the South-Western African cases, showed that his professional intellect was at par with the best in the World and that he was not merely a local treasure but indeed a sterling icon of the Legal profession in the highest possible Index.

© Edward Keazor

Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.2
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.

GNU Free License

Hope this clarifies all trepidations?!?

The African Guitar Sorcerers

Needless to say these gentlemen form the elite of the African Guitar legacy.

I have written previously on the advent on the Guitar as an Instrument into Africa and its pride of place as an instrument of musical expression, spawning musical heroes who rest in the legend of contemporary African musical history.

I cannot even pretend that this list is exhaustive, however this is an attempt to give due credit to genuine heroes of this genre, who span over 80 years of African musical history, from the Igbo Justus Domingo, Fanti- George Williams Aingo and the ferociously talented mixed race Ashanti- Frank Essien in the 20's on to the 30's with Irewolede Denge and Tunde King, the 40's with Kwaa Mensah and Ambrose Campbell. The 50's and 60's which witnessed an explosion in the use of the Guitar, with continental stars like- Fatai Rolling Dollar. Julius Araba, Wendo, Dr Nico, Picollo, Koo Nimo, T.O.Jazz, Kayode Fashola, on to present day superstars like Baba Maal, Agboola Shadare, Keziah Jones, Oscar Elimbi et al.

The Guitar has taken on a near spiritual significance in African music, rivalled only by the Drum and these gentlemen herein are the exponents of this phenomenon.

On account of the sheer work involved in putting this together, I would ask for your indulgence in completing this article in instalments. I shall add full summaries under each individual entry as time goes on.








Nicolas Kasanda wa Mikalay (Dr Nico)










Felix Waku ("Manuakou")













Zangilu Beniko ("Popolipo "/"Zero Faute")


Felly Dimbedi









Oscar Elimbi









Agboola Shadare

Zanzibar












Henri Dikongué










Ali Farka Toure










Papa Noel












Djelimady Tounkara













Mory Kante

Ambrose Campbell

Irewolede Denge

Raphael Amarabem













Sekou Bembeya Diabate













Kayode Fashola













Fatai Rolling Dollar











Victor Uwaifo

Frank Essien

George Williams Aingo











Koo Nimmo











Eric Agyeman










Diblo













SE Rogie


EK Gyasi









Wendo

Lucky Ranku













Jonathan Butler









Luambo Makiadi (Franco)

Cheikh Lo










Baba Maal














Boubacar Diallo

Matima Mpioso


Willie Makola


Tessema Guma









Jimi Mbaye



Ademola Adepoju




Godwin Kabaka Okpara




Gustave Manzaka Mankoyi






Easy Kabaka Brown






Kari Bannerman

Paterson Zochonis Ltd v Lagos Island Local Government

I was opportuned to act whilst at the Nigerian Bar, for Paterson Zochonis Ltd - a Greek trading Company in an Administrative Law brief, the facts being thus:

a. PZ Ltd had been levied a Charge by the Lagos Island Local Government- in the form of a Commercial Premises permit being basically a permit to trade within the territory administered by the Local authority. A bit of a background being that this Local authority was at the time one of the most affluent Governmental entities in Africa, with a budget/revenue equivalent to the GNP/GDP of most African countries.

b. PZ as a matter of policy refused to pay this and sought advice from Irving and Bonnar- Solicitors in Lagos, who advised that the Commercial Premises Bye-Law by which the Local authority levied the charge was Ultra-Vires and thus void and instructed the Chambers of Bentley Edu for the purpose of contesting the Charge and indeed the Bye-Law. This advice being on the basis of research by Chuma Uwechia (later renowned as the author of the authoritative- Nigerian Arbitration and Conciliation Law and Practice).

c. We proceeded to prepare an Originating Application, seeking a Declaratory relief from the Court voiding the Commercial Premises Bye-Law as Ultra-Vires.

The Commercial Premises Bye-Law, 1991, had as its parent Law the Local Government Law of Lagos State, what was however noted was that this Law did not give the Local Government the power to levy taxes against Companies, but against individuals, furthermore this in itself amounted to double taxation. Additionally the Nigerian Constitution specifically provided a bar to Local Governments levying Corporate Taxes.

I was fortunate to be handed the brief by Anthony George-Ikoli, the Chambers Head of Commercial Litigation and worked under the supervision of Wale Abiru (now Mr Justice Abiru- Lagos High Court).

The first hearing of the matter was heard before Mr Justice Hunponu-Wusu at the Lagos High Court in February 1992, which was adjourned on account of the Counsel for the Local autority turning up late and seeking an adjournment, to discuss "settlement". Our instructions were clearly to the effect that there was no basis for compromise, that the change of the Law was a matter of public policy which must be addressed by Legislative or Judicial prescription.

I prepared the Affidavit evidence and the submissions for the first hearing and presented arguments on the adjourned application in April 1992, on a whole day hearing which still was part-heard in that the Court could not accommodate the full vista of submissions. The hearing was further adjourned till October 2002 and the application was then completed by Koye Edu- Senior Counsel in Chambers, as I had at this stage left the Chambers to take on a Corporate role as General Counsel in a Financial Institution.

The decision of the Court was to conclusively declare the Commercial Premises Bye-Law Ultra-Vires and in essence creating a huge lacuna in that the Judgement did not provide for a refund of all payments made by Companies to the Local Authority amounting to close to N400 Million (£100 Million at the time). We had not sought this as our client had made no payments requiring refund.

This was one of the more important Administrative Law decisions of the period and moreso on account of its direct challenge of the Executive fiat of the Military Government in power at the time.

This decision was relied upon as persuasive authority in a number of similar cases and eventually on appeal in one similar case, the principle operative was upheld by the Court of Appeal and remained Law until the Constitution was amended in 1999. I note that there was a similar case on the same subject matter which involved another Local authority which had appearances from the late Ben Nwazojie SAN and Kola Awodein SAN (for the local authority), in which the Local authority succeeded, which decision was later overturned on Appeal, based on the reasoning in the PZ decision.

Doherty's Relapse

Pustule-Pete we are told has relapsed again (surprise, surprise...)
(click link for definition of Pustule http://www.medterms.com/script/main/art.asp?articlekey=9538 )

I was about to write something cutting and sarcastic, but you know what sod it, who cares..

Shay

I got one of those chain emails you delete without thinking, but once again decided to read and thought I'd post it for whomever it may mean something to.

I know many of you have read this previously however I think it is worth another moment to remember love and the importance of life.

Two Choices What would you do?....you make the choice. Don't look for a punch line, there isn't one. Read it anyway. My question is: Would you have made the same choice?At a fundraising dinner for a school that serves learning-disabled children, the father of one of the students delivered a speech that would never be forgotten by all who attended. After extolling the school and its dedicated staff, he offered a question: 'When not interfered with by outside influences, everything nature does is done with perfection.. Yet my son, Shay, cannot learn things as other children do. He cannot und erstand things as other children do. Where is the natural order of things in my son?'

The audience was stilled by the query. The father continued. 'I believe, that when a child like Shay, physically and mentally handicapped comes into the world, an opportunity to realize true human nature presents itself, and it comes in the way other people treat that child..' Then he told the following story:Shay and his father had walked past a park where some boys Shay knew were playing baseball. Shay asked, 'Do you think they'll let me play?' Shay's father knew that most of the boys would not want someone like Shay on their team, but the father also understood that if his son were allowed to play, it would give him a much-needed sense of belonging and some confidence to be accepted by others in spite of his handicaps. Shay's father approached one of the boys on the field and asked (not expecting much) if Shay could play. The boy looked around for guidance and said, 'We're losing by six runs and the game is in the eighth inning. I guess he can be on our team and we'll try to put him in to bat in the ninth inning.'

Shay struggled over to the team's bench and, with a broad smile, put on a team shirt. His Father watched with a small tear in his eye and warmth in his heart. The boys saw the father's joy at his son being accepted. In the bottom of the eighth inning, Shay's team scored a few runs but was still behind by three. In the top of the ninth inning, Shay put on a glove and played in the right field. Even though no hits came his way, he was obviously ecstatic just to be in the game and on the field, grinning from ear to ear as his father waved to him from the stands. In the bottom of the ninth inning, Shay's team scored again. Now, with two outs and the bases loaded, the potential winning run was on base and Shay was scheduled to be next at bat. At this juncture, do they let Shay bat and give away their chance to win the game? Surprisingly, Shay was given the bat.

Everyone knew that a hit was all but impossible because Shay didn't even know how to hold the bat properly, much less connect with the ball. However, as Shay stepped up to the plate, the pitcher, recognizing that the other team was putting winning aside for this moment in Shay's life, moved in a few steps to lob the ball in softly so Shay could at least make contact. The first pitch came and Shay swung clumsily and missed.. The pitcher again took a few steps forward to toss the ball softly towards Shay. As the pitch came in, Shay swung at the ball and hit a slow ground ball right back to the pitcher. The game would now be over.

The pitcher picked up the soft grounder and could have easily thrown the ball to the first baseman. Shay would have been out and that would have been the end of the game. Instead, the pitcher threw the ball right over the first baseman's head, out of reach of all team mates. Everyone from the stands and both teams started yelling, 'Shay, run to first! Run to first!' Never in his life had Shay ever run that far, but he made it to first base. He scampered down the baseline, wide-eyed and startled. Everyone yelled, 'Run to second, run to second!' Catching his breath, Shay awkwardly ran towards second, gleaming and struggling to make it to the base. By the time Shay rounded towards second base, the right fielder had the ball ... the smallest guy on their team who now had his first chance to be the hero for his team. He could have thrown the ball to the second-baseman for the tag, but he understood the pitcher's intentions so he, too, intentionally threw the ball high and far over the third-baseman's head. Shay ran toward third base deliriously as the runners ahead of him circled the bases toward home. All were screaming, 'Shay, Shay, Shay, all the Way Shay'Shay reached third base because the opposing shortstop ran to help him by turning him in the direction of third base, and shouted, 'Run to third! Shay, run to third!' As Shay rounded third, the boys from both teams, and the spectators, were on their feet screaming, 'Shay, run home! Run home!' Shay ran to home, stepped on the plate, and was cheered as the hero who hit the grand slam and won the game for his team. 'That day', said the father softly with tears now rolling down his face, 'the boys from both teams helped bring a piece of true love and humanity into this world'.

Shay didn't make it to another summer. He died that winter, having never forgotten being the hero and making his father so happy, and coming home and seeing his Mother tearfully embrace her little hero of the day! AND NOW A LITTLE FOOTNOTE TO THIS STORY: We all send thousands of jokes through the e-mail without a second thought, but when it comes to sending messages about life choices, people hesitate.. The crude, vulgar, and often obscene pass freely through cyberspace, but public discussion about decency is too often suppressed in our schools and workplaces.

Shakespearean Insults

I came across an Interesting bit of literary software that generates insults from the Elizabethan era.

I'm embarrassed to say that I spent ages generating different insults with it, almost like an adult intellectual version of Nintendo or Playstation. Here http://www.william-shakespeare.org.uk/a1-shakespearean-insults-generator.htm

I invite you to give it a whirl and here are a few samples I came across, absolutely hilarious, I laughed my head off and its apt that as I came across these words certain people I've known in the course of life came to mind. Have fun.

Thou art:

A beslubberring, fat-kidneyed malt-worm!

A mammering, sheep-biting mold-warp!

An impertinent, onion-eyed malkin

A frothy, fool-born rabbit-sucker

A mammering, pinch-spotted hempseed

A haughty, earth-vexing measle

A loggerheaded, rump-fed rabbit-sucker (ouch!)

An errant rough-hewn pigeon-egg!

A mammering guts-griping death-token!

An unmuzzled, bat-fowling fustilarian

Mr Justice Rhodes-Vivour

Goodness this is a season of old memories of my days at the Nigerian Bar. I stepped out during lunch to pick up Gift vouchers on the strict orders of the Energetic Environmentalist and who did I bump into but one of my modern day heroes at the Bar/Bench- The Honourable Justice Rhodes-Vivour- a Justice of the Court of Appeal in Nigeria.

I bumped into him on Oxford Street and when I reminded him of where we had met, his response with a smile being, “oh you’re that stubborn little man”- for me this was high praise and I was even willing to ignore the little man bit (I mean how did he know?)

Why is he one of my heroes?- well the story goes like this, I was representing a client in a Commercial Litigation brief before Justice Rhodes-Vivour- whilst he was still a High Court Judge in- 1994 I believe and involving a UK Pharmaceutical Company against my client a Nigerian company and subsidiary of another UK company in a claim for £12M. The twist being that the Barrister on the other side had the following things in his favour:

1. He was one of the most powerful figures at the Lagos Bar at the time, being a past Chairman of the Bar Association, whilst I was a wee, fresh-faced, poor, idealistic and bloody-minded neophyte;

2. He had been one of Justice Rhodes-Vivour’s referees for his elevation to the Bench, hence he anticipated this as a leverage point- I found this out several years after.

The other side made an application for Judgement (using the Old Proceedings In Lieu of Demurrer). The hearing before Justice Rhodes-Vivour started at 9am and ended at 2.30pm, - being based on Affidavit evidence and Legal submissions. On the weight of the submissions before him and err.. the fact that the Court room was now stifling hot- what with a power cut and the added burden of Heavy Lawyers/Judges Robes (in Tropical Africa for God’s sake), the Judgement was postponed for a week.

His Judgement a week later was short and sharp, he basically threw out the Case and the application and ripped up the senior Barrister on the other side to shreds, for a number of reasons-

a. His piss-poor preparations and shambolic submissions and most importantly;

b. For using his cronies in the Military Task Force to try and intimidate my client they had also roughed-up one of my Paralegal staff in the process.

His words being that such conduct by a Senior member of the Bar was inexcusable and that the only reason he was not taking more serious action being because I had declined the same, I had won the argument, hence I wasn’t going to get myself into a further kerfuffle with a washed-up old Street-fighter scorned.

If you live in the West, you would expect this to be the minimum standard to expect from a Judge, well Nigeria has totally different indices and this was extremely principled and extraordinary candour in a system where the truth and principle are always subject to compromise.

Justice Rhodes-Vivour is regarded still as one of the most honest, principled and intellectually sound Judges in the Nigeria Judiciary and people like him gave some of us hope for Nigeria. As said, he is now a distinguished Judge of the Court of Appeal and is certainly due for elevation to Nigeria’s Supreme Court, which in itself has been an oasis of Justice in an otherwise lawless land.

He tried to encourage me to come back to Nigeria or at least keep a foot in practice back there, I was compelled to be honest and say that there weren't many like him, hence there was the hindrance to my return, since there is no point in practising in an environment where Justice is not determined by Law but by other considerations. No, sorry this wasn't brown-nosing but simple fact. For the records he said nothing in response to that point but merely insisted that I keep up some kind of presence at the Nigerian Bar, I graciously agreed to consider it.

A real gentleman and a pride to his homeland.

Spaaco The Silk!

I have just been informed that my former Fellow Barristers Chambers-Rat– Babatunde Ajibade (Phd Kings College London, yes for tis he indeed) also known by other Bar buddies as Spaaco has just been elevated to the rank of Senior Advocate of Nigeria -equivalent to Queens Counsel. http://allafrica.com/stories/200710310470.html

I harken back to our days as grunt Barristers at Bentley Edu and Co Lagos and in particular that fateful day in July 1991, when we left Court together in his old battered 1977 model Peugeot 504 and my only slightly less battered 1978 model Honda Accord and started a pub-crawl at 12 noon that ended at 11pm, with my taking off for dear life en-route to what he vainly believed was a further change of Pub venue. There were several other like instances, which I shall not recount for my own self-respect. I need to make clear that we didn't simply bum off from work, but actually had the day off work as part of our obligations during National service but had gone into work nonetheless.

Simply put we were part of a group of young but extremely hard-working young Lawyers at Bentley Edu and Co, under the eccentric, inspirational and bloody marvellous leadership of Anthony George-Ikoli SAN now Attorney-General of Bayelsa State in Nigeria (which by the way is in the centre of the Niger Delta militancy, if anyone can Tony can, nuff said), Many evenings were spent at Akuro House sometimes till midnight working on briefs and several long demised bottles of Gulder. Come on, I mean we had after all been called to the Bar, hence we had to fulfil the demands of our calling.

We last saw at the Hilton in Abuja in 2005, where we shared a couple of glasses of – Orange Juice.... subsquent to his having finished a game of...shock horror- Tennis! The man was now married with kids and a consummate family man and establishment figure- fairplay its called growing up. He now heads his family practice founded by his dad, the venerable S.P.A. Ajibade, a legendary figure at the Nigerian Corporate Bar. He also works with his wife Andrea- who's British and an English Barrister- who heads the firm's Oil and Gas Practice Group. Gosh how things change.

He steadily established himself as a tenacious, dedicated and extremely thorough Commercial Litigator and Arbitrator over the years, appearing in several land-mark cases in Nigeria, resulting in his attaining the prestigious rank of Senior Advocate of Nigeria (SAN)- no mean feat, judging by the exacting standards required to attain the elevation.

Anyway I shall this evening raise my glass of Cranberry Juice (our Lager lout days firmly behind us) to Spaaco- the King of Boys and many congratulations to a truly briliant Lawyer and a really nice guy.

Ps/ Spaaco has now been sworn in and I have finally obtained a photo of the Learned Silk (first on the left).