Tribute to Senator Kanu Godwin Agabi at 80

Emeka Ngige, SAN

There are encounters in life that, though brief, leave an enduring impression. My first encounter with our dear senior and learned brother silk, Senator Kanu Godwin Agabi, SAN, CON, was one such encounter. It took place in early 1993 and marked the beginning of a relationship that has, over the years, enriched my professional and personal life in many ways.

At the time, I had been briefed by the Office of the Attorney-General of the Federation to defend the federal government in a suit instituted by some shareholders of Benue Cement Company (BCC) Plc, Gboko, challenging the appointment of the late Dr. Godwin Daboh Adzuana as Chairman of the company. The Attorney-General of the Federation was one of the defendants in the suit.

The plaintiffs contended, among other things, that Dr. Daboh, being an ex-convict, was disqualified from serving as chairman of a public limited liability company under the provisions of the Companies and Allied Matters Act. In response, we filed a counter-affidavit asserting that Dr. Daboh had been granted a presidential pardon before his appointment.

I appeared before the Federal High Court, Calabar Division, presided over by the Honourable Justice Chrysanthus P. N. Senlong. Mr. Agabi led a team of lawyers for the plaintiffs.

Given the nature of the case and the reputation that preceded him, I expected to encounter a combative and aggressive advocate. To my pleasant surprise, I encountered a lawyer who was calm, friendly, methodical, courteous and remarkably deferential. That was my first encounter with the man we celebrate today.

My second encounter with him, this time a more prolonged one, came in 1996. I was briefed by the Office of the Attorney-General of the Federation, alongside the Nigerian Deposit Insurance Corporation (NDIC), to serve as one of the prosecutors before the newly established Failed Banks Tribunals. I was assigned the responsibility of prosecuting Mr. ‘Disun Odebode, a former Managing Director of Group Merchant Bank Ltd.

The case was heard before the Enugu Zone of the Tribunal, presided over by the Honourable Justice Ifeyinwa Cecilia Nzeako, now of blessed memory. As I prosecuted my case, Mr. Agabi was similarly engaged at the same tribunal in the prosecution of another bank chief executive, Dr Moses Odaro, and 2 others.

We exchanged ideas and notes as our respective cases progressed. I concluded my prosecution first, after which Mr. Agabi proceeded with his own. Both cases ultimately ended in the conviction of the accused persons. Thereafter, we returned to our respective professional bases, little knowing how much our paths would continue to intersect in the years ahead.

 From the Bar to Public Service

Mr. Agabi subsequently ventured into politics and emerged as the gubernatorial candidate of the Congress for National Consensus (CNC) in Cross River State. Following the collapse of General Sani Abacha’s transition programme in 1998, he joined other compatriots in the formation of the Peoples Democratic Party (PDP).

He was widely regarded as the frontrunner in the gubernatorial primaries in Cross River State, but, for reasons best known to the party, the ticket was eventually given to another person, who was himself a professional colleague.

Undeterred, Mr. Agabi contested for the Cross River North Senatorial District seat on the platform of the PDP and won by a landslide. He was inaugurated as a Senator of the Federal Republic of Nigeria in June 1999.

Remarkably, only a few months later, in August 1999, he was called upon to leave the Red Chamber to assume the office of Attorney-General of the Federation and Minister of Justice under the administration of President Olusegun Obasanjo.

The Abacha Loot and the Battle for Nigeria

As Attorney-General of the Federation, one of the major challenges confronting the new administration was the Abacha loot conundrum and the extensive litigation surrounding the recovery of the funds.

The federal government established a legal team to confront the numerous injunctions and prohibitory orders obtained by members of the Abacha family in an effort to prevent the Government from tracing and recovering funds allegedly looted from Nigeria and stashed abroad.

On one occasion, I received a telephone call directing me to report to the office of the Honourable Attorney-General of the Federation for a brief. Upon my arrival, I met several distinguished colleagues in the waiting room: Bayo Ojo, SAN; J-K Gadzama, SAN; Paul Erokoro; Rotimi Jacobs; Timi Austen-Peters; and Dan Enwelum.

We were subsequently constituted into a seven-member legal team to defend the various civil proceedings instituted by members of the Abacha family in different courts across Nigeria, seeking to frustrate the Federal Government’s efforts to recover the looted funds from overseas jurisdictions.

Led by Chief Bayo Ojo, SAN, the team discharged its mandate with diligence and distinction. We successfully challenged, set aside and discharged several injunctive orders and judgments obtained against the Federal Government. We also worked alongside the retained foreign counsel, Mr. Enrico Monfrini, the distinguished Swiss lawyer who played a significant role in the international recovery efforts.

Although the legal team was informally dissolved during the tenure of Mr. Bello Adoke as Attorney-General of the Federation, the groundwork laid by the team contributed significantly to the continued recovery and repatriation of billions of dollars of Nigeria’s funds from abroad.

A Brother’s Keeper

Beyond his accomplishments in courtrooms and public office, however, there is another dimension of Kanu Agabi that deserves special commendation: his uncommon generosity and commitment to the advancement of younger members of the profession.

Agabi is, in the truest sense, a brother’s keeper.

For years, colleagues arriving in Abuja who were yet to establish their own chambers could make use of office facilities in his building at Mabushi, often without charge, until they were able to find their feet and establish offices of their own. This simple but profound gesture speaks volumes about his character. He has never regarded professional success as something to be hoarded; rather, he has consistently used his position to create opportunities for others.

I was called to the Inner Bar in 2002, during the period when Mr. Agabi was Attorney-General of the Federation. He graciously served as Chairman of the reception I organised following my elevation to the rank of Senior Advocate of Nigeria. That gesture remains a cherished memory.

Indeed, I could go on and on recounting the interventions, acts of kindness and professional guidance through which Kanu Agabi has touched and shaped my life and the lives of many others.

Eighty Years of Grace, Service and Distinction

Today, as we celebrate his 80th birthday, we celebrate not merely the attainment of another milestone, but eight decades of a life distinguished by service, intellect, courage, generosity and an unwavering commitment to justice.

We celebrate with him for ascending to the eighth floor of life in good health, peace of mind and with an impressive record of accomplishment.

We rejoice with him for the indelible contributions he has made to our beloved country, Nigeria. It takes a person of exceptional courage, conviction and resilience to serve as Attorney-General of the Federation under President Olusegun Obasanjo on two separate occasions. That alone speaks to the confidence reposed in his competence, character and capacity.

We salute him, too, for the remarkable number of Senior Advocates of Nigeria, judges and other distinguished professionals who have passed through his chambers and benefited from his knowledge, mentorship and example.

It is therefore no surprise that Kanu Agabi’s chambers continues to attract litigants involved in some of the most complex and challenging cases. He possesses that rare and uncanny ability to understand the intricacies of a case, present them with clarity and tenacity, and pursue justice with an uncommon sense of responsibility.

In our national life, Kanu Agabi has also emerged as an increasingly important voice of conscience. He has not hesitated to speak against corruption in high places, nepotism, marginalisation, oppression, insecurity and the many other maladies that continue to afflict our nation. In an age when silence can sometimes be more convenient than truth, his willingness to speak remains a quality worthy of admiration.

A Toast to the Celebrant

On the occasion of his 80th birthday, my family and I join his family, friends, colleagues, admirers and the wider Nigerian legal community in celebrating a remarkable man.

We celebrate the advocate, the politician, the statesman, the mentor, the brother and, above all, the man of principle.

We thank God for the gift of his life, for the wisdom accumulated over eight decades, and for the many lives that have been positively influenced by his presence.

Dear KGA, as you attain this remarkable milestone, may the years ahead bring you renewed strength, abiding peace, sound health and abundant joy. May your remaining years be filled with the satisfaction of knowing that you have contributed immensely to the growth of the legal profession and to the development of our dear country.

Happy 80th Birthday, Distinguished Senator Kanu Godwin Agabi, SAN, CON. Many happy returns, Your Silk.

May the eighth floor be the beginning of many more glorious floors.

• Chief Ngige, SAN, OFR, is the Chairman, Council of Legal Education.