Rejoinder: Prof Odinkalu’s Outburst on Paul Usoro, unprofessional and unscholarly- Omobayode Okelola
Paul Usoro SAN /Credit : Instagram
So I came across the written words of Prof Chidi Odinkalu about and against Paul Usoro, SAN (“PU”). As someone I have known before now having first met him when he was invited to my Alma Mata, the prestigious Adekunle Ajasin University, Ondo State, I was interested in seeing how the mind of the learned activist worked. Make no mistake about this, Chidi is a very brainy guy as his credentials would bear. However, my disappointment knew no bounds by the time I finished reading what can at best be described as unprofessional and unscholarly – two attributes I had always presumed should be Chidi’s stock in trade. The man goofed greatly and am only curious as to why he would descend so low to attack a man who is an embodiment of integrity, diligence and professionalism.
Every Nigerian lawyer worth his onions knows the very basic principles of criminal procedure law in Nigeria. However, for the avoidance of doubt and especially as someone who is supposed to be a repository of knowledge has just betrayed his credentials, I think it is best that I address the principle here.
Where a person is suspected to have committed a crime in Nigeria, he may either be arrested by law enforcement agents or in some cases- as it is practiced in the Northern States- directly taken before a Magistrate Court by a Complainant vide a Direct Criminal Complaint (“DCC”). Where law enforcement agents effect an arrest, they are expected to conduct a discreet investigation into the allegations against such person and make a judgment thereon whether there is enough ground to prefer a charge against him in the appropriate Court or not. Where a person is dragged to Court vide a DCC, he is asked to take his plea to the allegations against him and where he denies, the matter is referred to the Police for investigation after which a report is made to the Court which would inform the next decision of the Court. In all of these, it is clear that a person should and would only be charged for a crime where investigations reveal that he indeed has a case to answer. The foregoing having been said, I now proceed to join issues with Chidi in respect of his outbursts against PU.
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Chidi’s alleged that “Paul Usoro is charged with having bribed James Agbadu-Fishim, (I refuse to call him “Honorable Justice”), a judge of the National Industrial Court, with N800,000 paid in 3 instalments of N300k; N400k, & N100k..”
Based on his reputation, it would have been safe to assume that Chidi meant the word “charged” as used in his statement. However, that assumption is dashed in view of his clear misapprehension of the word. A charge was defined in the case of FRN v. Ibori & Ors (2014) LPELR-23214(CA), per Saulawa JCA at page 43, paragraphs E – F thus: “Contrariwise, a charge denotes a formal accusation of an offense as a preliminary step to prosecution as in murder charge, et al. Also termed criminal charge. See Black’s Law Dictionary (Supra) @ 265.”
When Chidi said PU was charged for bribery, I was expecting him to provide the particulars of such charge. To the best of my knowledge, PU as at today, 23 November 2017, is not formally accused of the offence of bribery or any other offence howsoever. A little diligence in checking the Court’s records as far as Justice Fishim’s trial is concerned would have assisted Chidi in putting the truth forward, but then, he never bothered to do his facts finding before hitting his device’s keyboard, probably because his mind had conceived a mischievous purpose and his hands were only racing to achieve same. For completeness, Justice Fishim is presently standing trial in Charge No. LD/5108C/2017; Federal Republic of Nigeria v. Hon. Justice Agbadu James Fishim which matter is scheduled to come up for trial on 01 December 2017. PU is not a party to the said charge.
Chidi further alleged that PUC “admits to having given the judge at least N450k, claiming it was contribution towards his vacation”. This is with utmost respect to the learned Professor a gross misapprehension of PU’s statement to the EFCC when he was invited and on which occasion he offered a voluntary explanation of the relationship between him and Justice Fishim and which PU has since made known to the general public. Again, to set the records straight, PU wrote in his statement to the EFCC that he gave Justice Fishim the sums of N250,000,00 (Two Hundred and Fifty Thousand), N200,000.00 (Two Hundred Thousand) and N100,000.00 (One Hundred Thousand Naira) based on their relationship that predated the latter’s appointment as a Judge of the National Industrial Court (“NIC”). It is a verifiable fact that PU had never appeared at the NIC for any matter, either before Justice Fishim or any of the other respected and respectable Judges of the NIC. PUC had a total of 32 matters it was defending before the NIC at the time PU made his statement to the EFCC and just one of those matters was before Justice Fishim. All of these matters are handled at levels below PU’s such that he does not even review the drafts of the processes filed in those matters. The question then is to what purpose would PU have induced Justice Fishim when he had no pending matter before him? I leave you to make your judgment.
Later in his statement, Chidi stated thus:
“In a sane country, Paul Usoro should be facing disciplinary proceedings at best & should have been disbarred. In Nigeria. Someone is parading him to lead our Bar. That Bar belongs to us all. No one has a right to even think about this.
This idea that a lawyer who admits to having bribed a judge is even considering himself for the office of President of the Bar while the judge that he bribed is being prosecuted & the payments he made to the judge are exhibits in the case is worse than a terrible joke. It is an insult to us all. We all have a duty to stop it.
This Paul Usoro project for Presidency of the Bar has to end, forthwith. By all means let all lawyers of decent standing aspire for the Bar Presidency. I want to go on record: Paul Usoro has no standing in morality &, I would venture, in law to even consider aspiring to the Presidency of the Bar now or everHe should bury his head in ignominy. The only right he has is to go before the Legal Practitioners Disciplinary Committee to clear his name or be disbarred. Period!”
It is rather very difficult to be a disciple of Chidi’s submission herein. A man entrusted with the task of promoting human rights in Nigeria is quick to take away our right to even think! It is rather very unfortunate that Chidi has gone this length in assaulting PU all for no just cause. He has judged PU when he obviously has no facts upon which to base his judgment. If Chidi is indeed interested in lawyers of decent standing leading the Nigerian Bar, then he has met one in PU but he probably does not know. The PU I know will not ask for sympathy though. He would rather show through facts that Chidi has made a wrong judgment about him and I believe Chidi would have learnt a lot about judging on assumptions by the time Paul does. My only consternation is this, will the learned Professor with his proud bearing be willing to eat humble pie and purge himself of his rash judgment of PU now that he has been confronted with verifiable facts? Only time will tell.
Omobayode Okelola
23 November 2017.
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