Google images |
…occasionally, even the Law gets wet! Yea; its knotty business and Lawyers are a stiff crowd. But on this spot the ties droop a notch and the starch comes off the collars to allow some hilarity seep in. This weekly buffet will be freely served and the bar is all set with the right spirits. WARNING: Any minute, we may suddenly disappear from your screen without notice, locked up “at milord’s pleasure” for Contempt.
Sunday, 25 December 2011
Tuesday, 20 December 2011
A few Ways to deal with Difficult Principals this Holiday…
Credit: Google Images |
First, I apologize for the two week-hiatus from this Spot. I have spent the period coming to terms with the definition of mixed blessings: giving ones only sister away in marriage. While wishing the newlyweds happiness and bliss; we must quickly proceed to the business of the day.
It is typical in our profession for the Principal
to use his junior hirelings as a ladder. Little wonder they are always wrong in
his eyes. His every ascent in the profession would not be possible if he were
not availed the junior’s willing backs. And what are the thanks you get?
Nothing! If anything, he wants to climb faster and thus, has already drawn up a
list of unnecessary costs, which may entail salary stagnations and bonus
withdrawals in the New Year.
Of course, he understands that he has you
effectively entrapped in the sham of corporate existence. You enjoy the
trappings of the ‘official’ car and air-conditioned office. He knows you will
never willingly go back to t-shirts and jeans because you adore the little
privileges of the suit and tie. He has your undying loyalty.
Undying loyalty is represented thus: The holidays
are here again, but you have already made the requisite phone calls to your
family telling them that you will not be coming in for the celebrations due to
work demands. Of course, you understand, and so does the Principal, that work demands are nil during this Season.
Everybody is joyful and at peace, so lawyers are not exactly needed. But the
Boss wants you to stick around. And so it shall be.
Now, since the Boss owns the business, it is only
fair that the demands of work should be largely borne by him. But no, he has
already purchased expensive travel-tickets for a two-week cruise round the
globe with the psychedelic wife and a brood of over-indulged rascals
Technically,
you earned all the fees for the year. You wrote the motions; you drafted and
reviewed the Agreements. You chased the government officials around and kept
the most gruesome deadlines. Yet, you gushingly embrace the carton of fruit
juice and litre of vegetable oil as fair end-of-year bonus. Every man has got
to pay his dues. But does a lawyer need reminding that Life is Brief? You
might as well start making it count.
I have therefore
drawn up a little list of actions to lift your back from the principal’s heavy
boots this holiday:
1. GET DRUNK AT THE OFFICE
END-OF-YEAR DINNER
Chances are yearly dinners are a tradition at the
Firm, and are held at some classy Continental spot. But you will be a fool to
think that this is to reward staff for a year of hard work. Nah! The boss
simply wants to show off his array of human trophies. Odds are- his
colourful wife will also be there, with a list of distinguished acquaintances.
Of course, you will be ignored during the entire dinner once your boss has
cursorily swept the lot of you with a wave of the hand as ‘my staff’ during the
introductory pleasantries. His friends will take the cue and you will find
yourself pouring drinks and handing out the curry and salt all evening.
SOLUTION: Since this is about the only
time you get a freebie from the Principal, make the most of it! Soak yourself
up real well, and ignore the warning glint in the boss’s eye. If you are like
me, and wax philosophical when inebriated, you will score a major hit. Push
yourself to the fore of the conversation. By all means, sway on your feet and
keep stories pouring out as you pour the drinks in. Sing of glorious tales
where you kicked the behinds of SANs unaccompanied by the Boss, blab without
stopping.
Most importantly, never let the Boss get in a word.
While you are at it, slip your call cards to his distinguished guests
(whom you have got enraptured with your yarns). Rest assured they will call you
up. They admire your boss, no doubt. But what is friendship to prospects of
cheaper legal costs? The Boss will recognize the threat. He understands how to
play dirty. My guess is he will signal you to the rest-room and attempt to show
how pissed off he is at your behaviour. Upon which you should profusely
apologize, stating that the stress of the year obviously caught up with you.
Voila! You will earn yourself two weeks off, to recuperate.
Now, your case will be strengthened if you flirt
with his pretty wife. Insist on a dance. Make her laugh and giggle. That way,
you subtly announce yourself as a bigger threat outside the firm than inside
it. And your job is safe.
2.
STILL AT THE DINNER TABLE…
If you are too timid to execute (1) above; come to
the event with a list of Schools that advertise post-graduate programmes.
Navigate the discussion to expertise development in the Legal profession. Speak
glowingly of other law firms where such capacity building is the norm. Remind
everyone that there is a Law: the Industrial Training Fund Act which
compels manpower development by employers. Odds are, your boss will agree with
you, and announce that he always had it in his plans to send out a couple of his
staff abroad for further studies in the coming year. His guests will applaud,
and this is when you strike! Make an instant request to take 2 weeks off in
order to get all the originals of the relevant documents for the application
from home. (Our courier services are not to be trusted).
The boss
will smile and say “But of course”. His guests will nod approvingly. Mind
though that you may have to give an eye for this grudgingly given aye.
But then, that is matter for the New Year. Of course, you are not deceived by
the promise of further studies. The break was all you needed. So, from that
dinner table, head straight to the park/airport, and keep all phones firmly
shut down for the next weeks.
3.
GET CHUMMY WITH ALL THE CLIENTS
Chances are the Firm gives out cheap Xmas Cards to its
Clients. Knowing the boss’s miserliness, strike him with it! Purchase more
expensive cards, and throw in hampers for good measure. Personalize your
message to the Clients. They will give you cards in return, personalized as
well. Throw these carelessly around your desk, for the benefit of the early
morning snoop that all bosses are. He will not confront you on the issue; that
will be too petty. But he will wonder how much impact you have made privately
on his clients. (It is deeply frustrating when you cannot measure your enemy’s
strength). He will sulk though, but do not notice. Saunter into his
office and breezily wish him the best of the season, while placing the exact
replica of the cards you sent out on his desk. Smile innocently and request for
a two-week vacation. He will search your face; not knowing which job offers
might have emboldened you so. He will not want to risk the odds, and will nod
his approval.
4.
AND IF THESE DO NOT WORK…HIDE HIS TRAVEL TICKET!
Yes, chances are he uses you as both legal and
admin staff. So at some point in your career, you have procured his Visas and
sorted his travel details. When you get his latest Visa, watch carefully to
know which chamber of the cabinet he stows it away in. Certain of the
huge fear you have of him, he has not bothered with a safe in the office. This
is when you strike! Get that travel ticket and shred it. Hide his passport and
those of his kids, leaving just that of his spouse behind. A wise man will
never allow his pretty wife travel without him. So the whole family stays back.
Maintain your innocence when he queries you. It is double pleasure recalling
that it was he who taught you how to lie. Yours will be a glum
Christmas, away from the family. His will be doubly so, with the nags of a
disappointed wife and howls of irate kids.
FINAL WORDS…
These strategies will work like magic! But I hope
you have been taking your entrepreneurial classes, because there may be no 9-to-5 left
for you in the coming fortnight.
Happy Holidays!
Friday, 2 December 2011
New Legislation: "WHORE AGAINST VIOLENCE"
Art by Suga Belly |
For those who might have written this idea off as some
sick joke by the Deputy Senate Leader; Look what we found looming in the ever-busy
minds of our Legislators:
A
Legislative Proposal for the establishment of a "Sex Trade Development Agency"(STD-A)
“Fellow Citizens, we
have observed that the most urgent challenge facing our nation is neither the
lack of shelter nor clothing, but a chronic lack of love. We hereby present this
report (a result of extensive capital outlay on the best foreign and indigenous
consultants) as our initial effort going forward on a most crucial matter.
First, we acknowledge your
widespread applause for our most recent milestone in denouncing same-sex
marriage, legally. To the minority who are still critical of the worthy step we took, we
offer no apologies. But for the overwhelming majority in support, this proposed
initiative comes to reward your steadfast hold to our collective value system: We hereby propose to legalize Sex Trade in our
country.
We will not bore you with
the many benefits of free expression of (heterosexual) love. But chief on the
list of gains is the reduction of violence. Yes! There is too much testosterone
on display within our territories; thus the destructive outpourings of
terrorist militancy. In our wisdom, we
have carved a fitting slogan: Whore Against Violence (WAV) to stem the tides.
More so, if conducted in a well supervised environment, the Sex Trade
commission will undoubtedly ensure maximum economic impact. You must agree that
it is not accidental that Nigeria has always thrived on its ‘raw’ materials.
Now, to the Practical aspects-
There shall be established
an Agency (the STD-A) which shall be responsible for the day-to-day Regulatory
activities of the Sex Trade. Its primary function would be to issue Licenses
(Or Licentious Clearance) to successful candidates. Candidates are to apply
with two full-sized colour photographs, clearly detailing their bust and derriere
regions; and a clear video recording to demonstrate the needed skill set. PLEASE
NOTE THAT- Licenses would only be issued after comprehensive screening exercises.
This is one screening, where it would be profitable to gain positive remarks from
the designated panel.
For purposes of clarity, the
Licenses would be divided into 4 categories:
-
TYPE
A LICENSE: This would be issued to candidates who are beautiful, sexy and imaginative. Thus, expertise in the practice of Kamasutra, and the various stimulating fetishes as Leather, Spandex and PVC; Whipping and Dominatrix; Teacher versus
Student; Nurse versus Patient; Policewoman-Criminal, etc. is an added
advantage.
-
TYPE
B LICENSE: This would be given to candidates that are beautiful and
sexy; but conventional.
-
TYPE
C LICENSES will be reserved for the fat and the plain
While; the conditional TYPE D LICENSES would be for ageing
candidates whose sagging skins are already mutilated by cellulite.
The life-span of each
license is 2 years; and renewal is at the discretion of the Agency. Applicants
are also advised to acquire self-defence trainings; as the Agency may not
always be there to protect from the ire of a jealous spouse.
We must also point out here
that this Agency outlaws homosexual/lesbian practitioners. It also criminalizes
male practitioners and gigolos. This latter exclusion was a tough decision, but
confronted by the reality that Gigolos are used mostly by wives of rich men; we had no choice. We will not
shoot ourselves in the foot!
Licenses will be revoked and
the holder penalized in the occurrence of any of the following events:
-
Establishment of emotional attachment with
clients
-
Non-payment of license fees and sundry
charges and taxes when due.
-
Extension of services to members of the
same-sex.
-
Unruly Behaviour; etc.
To attain the level of
global best practice spearheaded by the Netherlands and Belgium, all licensed Sex
Traders (We shall henceforth call them LTs- Libido Tamers) should desist from
dimly lit street corners and suspicious neighborhoods. Haggling must never be
done in full public glare. We live in a webbed world and should act
accordingly. Thus, negotiations should be conducted via websites and phone
numbers of the LTs, through specified Booking Guidelines developed by the
Agency.
We have already started necessary processes to update our Contract Laws
to accommodate the subject matter of LTs in the list of enforceable actions. Managers
of Hotels and Guest Houses no longer have to look worriedly over their
shoulders when a skimpily clad female saunters into their premises. If she
displays her License and computer ID card, she should be entitled to a Private
Suite at discounted rates.
Necessarily, the National
budget shall be widened to carve out a Special Fund for the Legislators' ‘private
welfare scheme’ to finance their LTs in global trips. The daily tedium of our
job makes it vital to have Upper and Lower chamber-maids. Of course, it goes
without saying that licenses will be withdrawn and stiff legal means visited on
any LT who knowingly attempts to blackmail a public officer that engages her
services.
At the internal level, there
shall be appointed for the Agency; an Executive Vice Chairman who shall be
responsible for the day to day running of the Agency. There shall also be
regularly made available, such emoluments and reimbursements as are necessary
to bring the Agency’s activities up to speed.
Already, we welcome the inevitable influx of female
opposition when this Initiative gets to the public hearing stage. Many women would
say they are being used as ‘chattels’; but nothing will be further from the
truth. Chattels are goods. Here, we talk, ‘services’. In truth, women only
become chattels when they are actually acquired under typical bride price
arrangements. So that part of our local practices is worth revisiting soon.
Under the proposed Law, women will preserve their much
sought independence, and offer natural services, while maintaining
gainful employment. The practice of the banks and other corporate sharks that
pay them pittance to sell their bodies will be logically curbed when they
discover their limitless options. And unlike the mad schedules of these banks,
they will be afforded more leg-room.
We conclude by emphasizing that no married women shall be
availed any category of the Licenses. It shall not be an excuse that your
husband is not a sufficient breadwinner. The gods forbid that we openly promote adultery!
And, yes, on the issue of a married man patronizing the
LTs, well…it will be a defence in Law to prove that your wife either starves
you, or is not desirous of stepping up her nocturnal imaginations to match
yours. (One of our much cherished collective values being the submission of the
wife to her lord and master).
We must rest our busy pens awhile at this juncture; but
need to make a final crucial point. Under this Law, LTs shall be exempted from
the liabilities of unsolicited electronic correspondence. You must all agree that this
practice area is all about Spam Mails.
Thank You.
Friday, 25 November 2011
BABA "SUE-WE" AND OTHER STORIES
Google Images |
SHIT HAPPENS...
For an ageing comedian in a
highly competitive market, life can get quite shitty. A fact Mr. Suwe has no further
doubts about after the rigours of running the NDLEA and Press gauntlet these
past weeks. But like all works of comedy; the ending is happy! 25 million is a
fortune in any currency, no matter how devalued. The roar of victory is so loud
that the little details of ‘Appeal’ or ‘practical difficulties in securing
effective enforcement of judgment debts’ are stifled in the minds of his jubilant
supporters. I try to rejoice with him, but the cynic in all lawyers rears its ugly
grey head. Yes, the NDLEA had reasonable
suspicion which is grounds enough to
arrest and detain; no doubts, but they had made the whole process unlawful by
not preferring a charge within the stipulated time frame. Rudimentary constitutional
details known to every paralegal in the world. But when the curtains are down
on this show, the habitual heavy handedness of law enforcement/security may have the
last laugh. They routinely maneuver past the long winded turanchi of the courts, and if the bloody civilian plaintiff feels
so bad about it; make im carry gun na! (Refer to: Miss Okere v. Nigerian Navy)
WE ALWAYS KNEW THESE SENATORS WERE HAVING A BLAST!
Condemnation is the easiest
emotion for the human mind. This is why we remain thankful to the Law for often
diluting that emotion with its myriad technicalities- until it becomes a
question of mere arguments. Definitely,
the menace of terrorism awakens the most vengeful feelings; and all will
rejoice to see a scapegoat landed. But tarry! the Law whispers, wagging a
cautionary finger. If our emotions push us to fall so readily for claims of a
man who is in the profession of blowing up cities, then there is something
wrong with the society. An arrest is necessary of course; but until the facts
are proven, we merely clutch at straws. And, however much we want to circle our
bunched fists around the average Senator’s neck, we cannot. That is the curse of lawyers…so we must let
the Law run its curse.
HELL HATH NO FARI...
Women are the weaker sex. Many believe this... to their peril. Test that
fact by casually breaking up with a woman that has given you her all. It might
help to make the announcement while she is in the kitchen, holding a cutting
blade and standing by a panful of hot oil. Now, before we make zealous rants
about the propriety of Mr. President’s treatment of the former EFCC boss, place yourself in his shoes. The
woman involved here is not standing by a cooking pot, but she is highly placed
in a paramilitary establishment, complete with every requisite judo/karate
belts, and conceals combat reddened eyes behind black shades. You will agree
then, that the radio was a safer medium to make that call.
I would have shrugged indifferently with the rest at the turn of events (Police has never really been the lawyer’s friend); but then, I hear talk of employing retired judges to that position, and I say, a big no! Retired judges are our sacred cows. They are noble images of the profession. We would not have them mixed with the corrupting aspects of the Executive and Legislature; and at the whims of the president. No way! Let the people notoriously skilled in issues of corruption be used to bait the perpetrators. In fact, let a separate court be established for their processes, made up of police-lawyers and judges. The Law does not want to associate with the dismal fact that the country’s decade-long battle with corruption has only purchased a new phrase into our national lexicon: Plea Bargaining.
I would have shrugged indifferently with the rest at the turn of events (Police has never really been the lawyer’s friend); but then, I hear talk of employing retired judges to that position, and I say, a big no! Retired judges are our sacred cows. They are noble images of the profession. We would not have them mixed with the corrupting aspects of the Executive and Legislature; and at the whims of the president. No way! Let the people notoriously skilled in issues of corruption be used to bait the perpetrators. In fact, let a separate court be established for their processes, made up of police-lawyers and judges. The Law does not want to associate with the dismal fact that the country’s decade-long battle with corruption has only purchased a new phrase into our national lexicon: Plea Bargaining.
MEETING THE BOTTOM-LINE OF GAY MARRIAGES
Everybody has been inspired
to read about the late Apple chief; Steve Jobs. Our legislators have evidently
joined the queue. At last, they seem to be learning how to pass richer Bills. Unfortunately, they proceed with their
characteristic bottoms-up approach, and we are now faced with prospects of legalizing same-sex
marriage.
In the words of Wilhelm
Reich, the 20th Century psychologist, a world
dedicated to pursuit of bone-rattling orgasm is a world free of strife.
In a way, he has a point. The peaceful wave of contentment that necessarily accompanies a shattering climax, if repeated frequently will turn us all into sheepish pacifists; and the world will know peace. Now, Mr. Reich did not specify the preferred mode of the orgasm nor did he detail the ideal combination of players. A piece of ambiguity which our Laws also imbibed when stating that discrimination should never be visited to a person on grounds of “sex”. (it remains for a court to translate "sex" as herein used- either as the state of being male or female, or as the preferred modes of performing the sexual act). So while the argument rages; I helplessly stare on, mute. This is a subject where unfortunately the Law has failed to avail us with effective anal-ysis.
In a way, he has a point. The peaceful wave of contentment that necessarily accompanies a shattering climax, if repeated frequently will turn us all into sheepish pacifists; and the world will know peace. Now, Mr. Reich did not specify the preferred mode of the orgasm nor did he detail the ideal combination of players. A piece of ambiguity which our Laws also imbibed when stating that discrimination should never be visited to a person on grounds of “sex”. (it remains for a court to translate "sex" as herein used- either as the state of being male or female, or as the preferred modes of performing the sexual act). So while the argument rages; I helplessly stare on, mute. This is a subject where unfortunately the Law has failed to avail us with effective anal-ysis.
CLASSIC OXYMORON: PRIVATIZATION AS A GOVERNMENT INITIATIVE
Well, at least it feels good
to see the Vice President appear as a separate individual (as opposed to a deaf and mute attachment to the President’s apron strings) once in a while. But then, maybe it is better he remains silent, if all he does is toe
that same line that will unflinchingly yield the same results. Listen to excerpts off the VP’s
speech on the Privatization topic: “The objective of the Committees (a committee of
already employed public officers) is to facilitate the development of the
general policy direction of the government for the effective management of the
privatization programme…” . (We note here that the above Committees,
came in three broad categories, namely: Sector Steering Committees, Standing
Committees and Ad-hoc Steering Committees).
The reticent
VP continued: “You are enjoined to work assiduously to make the consummation of
all transactions a reality and ensure that the privatized companies are
successfully run. Distinguished Ladies and Gentlemen, you are also enjoined to
do your very best to ensure that the transactions are accomplished through
internationally accepted best practices and standards.” Same old crap!
I was at an event recently where the
idea of a Sustainable Business Incubation Project was being discussed. Everybody
was vehement in their opinion that government should not be included in the
stakeholder list. And if they must; they need to be given mere token roles. Our reality makes unemployment a private matter;
beyond the competence of government. So, what ends would a government-led
privatization process serve? Creation of more employment for already saturated
public officials? Where are the technocrats and the entrepreneurs in the
Steering committees? Already, you can see that the Will is not there to drive
the idea any inch beyond the stale stereotype. I’m tired already.
Have a great Weekend
Wednesday, 16 November 2011
8 STRIKING SIMILARITIES BETWEEN A PRESIDENT AND A LAWYER
Art by Sugabelly |
Here
a few pointers…
1.
FUSS and Her BOTTLE!
Now, we all know that lawyers incline towards Minority Protection.
(This may be because the majority largely ignores them). It may also have its
root in a certain Company Law case- Foss v. Harbottle. The
Presidency also toes this line.
Copy: Huge
security details around a select tiny group of persons and places whenever the
country heats up. Also, when a disenchanted minority agitates and becomes too
much of a threat; they are immediately compensated beyond what is available to
the majority. Now you may notice that as a result, a new attitude is developing
towards the State: Create a big Fuss, and Her bottle (of
goodies) will be availed you. Sadly, the majority remains timid, and the more militant minority groups earn the
negotiated attentions of the State.
2.
THERE IS FACT AND THERE IS TRUTH
Ask the lawyer; Fact is different from Truth.
However, they co-exist in a complex relationship that is complementary and at
the same time self contradictory; a bit like those two hilarious creations of
Lewis Carroll- Tweedledee and Tweedledum. Yes, truth is reality. But fact
is proven reality. (The ‘proving’ process of course is won by the
party who makes the louder noise). A few handy illustrations: A full year after the Fuel Subsidy crisis,
SURE-P has failed to materialize. (truth). The Government has not relented in its concerted efforts to provide succour
from the stings of the Subsidy removal (Fact). There is
no security for the common man (truth). The presidency has
developed partnerships strategically positioned to arrest insecurity (Fact).
Good arguments create facts. Bring in a number of witnesses (read: propaganda);
and you have a water-tight case. Truth therefore fails to mature to fact when
it is not presented in a visible medium of argument. Thus, if the holders of
the truth are voiceless; sorry, they lose!
3.
ACTION means “WORDS”
To the lay man, Legal ‘action’ sounds like an
affirmative activity; for example, punching a defaulter in the eye. But
it actually means a battle of words, complete with opposing counsel
and a public gallery. Presidential action is the same; a plethora
of words. Copy: “The Presidency shall
take urgent action on the Benin-Ore Road.” This translates as- we
have instituted a committee to chair a public hearing to discuss the initial
report on the issue. In the law courts, during legal action,
counsel debate and adjourn to make further findings. And this may last forever.
Presidential action functions in no less a manner- The committees adjourn and retreat
to some cosy island to work out forward looking modalities. Afterwards, members
of the opposition are invited to a press conference to continue the debate. The
decision is summarized in a report and another retreat is organized for a
follow up summit to develop a viable Action plan.
4.
GROWTH is measured by Number of JUNIORS.
As a lawyer, if you run a scanty office, you have
gone nowhere at all. Nobody cares about how efficiently your small
establishment operates. On the day of reckoning, you would not smell the juicy
plums of SAN-ship. Therefore, the more juniors you have
milling about your office, the more visibly effective your Firm is. Let
them swarm around, even if they just help carry your briefcase and dust your
files. The ideal Law office should be an unending buzz of motion. Hemmingway
failed this one when he said – never mistake motion for action. He
did not recall that motions are the fulcrum of legal action.
Now the Presidency’s operations are a perfect clone of this scenario: Once you
are elected(?); employ an unprecedented number of ministers (Make sure to
double the figure of the last regime). Carve out more commissions, agencies and
department. More juniors! Of course, each department should have a Special
Adviser who has a PA. A typical chain of command should run: The Chief
Assistant to the Personal Assistant to the Special Adviser to the Chairman of
the Presidential Advisory Committee on blah blah blah…
5.
NEVER MISS THE RIGHT “PARTY”
The fearful warning issues to every aspiring lawyer:
You will never be called to the Bar if you ever miss dinner, or any like
designated social gathering of the Legal Council! Yes, even if you make a First
Class grade, missing one Dinner is enough to mar you. Yes, the Council does not
give two forks, literally.
The Presidency has the same orientation. You can achieve all you will in professional
service, business, or politics, but if you miss out on the right Party, forget
it. Awards and medals will always flow, but do not ever stop to imagine that
you will make the Honours list. Merit and Positions go to those who are present
and registered in the designated Parties. Otherwise; you are not fit
and proper...
6.
ALWAYS ANNOUNCE YOUR APPEARANCE, FEARFULLY
Boldness is the mark of the good lawyer. Thus, when
they appear in court, they do not timidly mumble their names. No, they stand up
with all the majesty they can muster. They sweep their flowing robes in a swish
of flamboyance (maybe knocking up the heads of a few poor counsel sitting
nearby) and pronounce their names in that slow and deliberate manner that jars
a sense of their fearsomeness into the minds of the litigants huddled at the
public gallery. The Presidency announces his appearance no less vigorously. The
wailing sirens are usually not enough, and must be accompanied by menacing
soldiers with furiously contorted features, wielding clubs and SMGs. Did the
good Machiavelli not say that it is better to be respected than to be
loved? The masses can borrow a leaf: To feel the sweetness of power, you
need to inspire fear… not love.
7.
NEVER ACCEPT A DEBRIEFING!
It is a mortal sin for a Lawyer to have a record of
debriefing. No, you must follow a client to the bitter end. At some point in
your relationship, the client’s willingness or otherwise, no longer matters.
The lawyer thus becomes a necessary aspect of his life, and upon expiration,
his Brief is renewed for another tenure till death do them part. (Yes; death;
because judicial decisions can always be appealed against, again and again).
If the client proves unduly troublesome, the lawyer simply inserts the
necessary ‘claws’ that ensure a carry-over of pending issues to a compulsory
next term. Now, need we illustrate how this applies to the Presidency? One Term
is never enough. And who gives a damn
what the voters think?
8.
And FINALLY…
The presidency is at liberty to experiment with the
nation’s economy as it pleases. After all, Lawyers assure that - the worst possible
scenario for capital offences is… debt.
I rest.
Thursday, 10 November 2011
THE DAY THE MULE KICKED (A TALE OF TWO LAWYERS)
Guest written by Ken Uzim
Art by Sugabelly |
The New Recruit had a fancy Masters’ degree
and a funny accent. Bespoke tailoring and a top-of-the-range mobile office. In
the words of the HR Manager, he was “…brimming
with the sartorial urbanity of a supremely confident professional and possessed
demonstrable expertise in telecoms law. A most invaluable addition to the
pool of specialists required for exponential growth of the Office’s
business”.
The
Chairman approved and they hired him on the spot. They made him a Senior Manager,
four cadres above the long-suffering office mule, Eze. Eze, whose only claim to
‘offshore content’ was a laminated cardboard ‘Identification Tag’ dangling from
a loop of colored rope, which was given to him during a workshop on the
modalities for cross-border network expansion that he attended in the Niger
Republic.
How
Eze so cherished that offshore badge of honor! It had a pride of place at his
workstation. It represented the one and only time, in his five years of
drudgery in the Office –without promotion or pay rise - that he had traveled
beyond the shores of the country on business. It mattered not to him that the
journey involved a Chanchangi flight to Sokoto via Abuja and an overland,
twelve hour trip in an open Hilux truck through the rugged rocky plains of
no-man’s land that separated our French-speaking neighbors from the Northern
borders.
Eze
was proud of the trip, nonetheless and took several snapshots of the giraffes
whose – in his words, “majestic” – strides across the road, constantly
punctuated the journey. He would be quick to retort at any meddlesome inquirer
seeking to mock his means of travel that he would not have beholden any of
those ‘majestic’ creatures if he had travelled by air. Not like Eze could have
travelled by air anyways. You see, there was no direct commercial flight from
here to Niger; so, you would have to fly Air France to Paris and connect Niamey
but Eze was considered too small a fry in the Office’s pond for such an
executive treatment. Eze insisted he would still choose to travel by road
should he ever have the opportunity again. As if he had a say in the matter!
Eze’s
workstation was a box-sized cube in the Office’s shop floor, crammed end-to-end
with burgeoning paper files. His
writing desk, oftentimes, was on his laps as the only available free space on
his table was already taken up by the keyboard. The Office was cutting costs,
you see, and believed in optimal utilization of every square inch of the
premium space. The New Recruit, however, had a corner space to himself, an
enclosed cubicle with an oversized mahogany desk and fireproof filing cabinets.
Unlike Eze, the New Recruit had a well-stocked refrigerator for ‘refresher
time-outs’ and a dedicated air-conditioning unit not subject to the petulant
whims of the central cooling system.
It
was true that Eze had no post-graduate training, whether offshore or otherwise,
nor did he possess the affable dapperness of the New Recruit, but Eze had grown
on the job: poring over files and relevant laws, being hands-on in regard to
legal issues touching on the Office’s telecommunication business and making
good friends with experience. However, the powers-that-be believed that Eze’s
‘wealth of on-the-job experience’ was trumped by the glossy embossed
certificate, issued to the New Recruit by one outlandish university in the
remote reaches of the United Kingdom.
And
so it was that Eze’s monthly pay remained a paltry fraction of the New Recruit’s
weekend allowance. Was Eze grumbling? No. Was he envious? May be. Was he moved
to spite? To resentment? If he was, he masked them well. He remained his old
self, slowly and silently being buried under the mounting pile of paperwork
that overran his desk.
By
and by, it came to be that the Overlord of the Penthouse, as the Chairman was
known, found out that the Office was being owed arrears of interconnect debts
running into hundreds of millions of Naira. The errant debtor, despite
collecting and aggregating these monies up front at the time calls were
terminated, had failed to remit the Office’s share. The Overlord was livid. It
was bad enough that he had to find out by himself that a liability of such
magnitude existed in favor of the Office but what he found ‘criminally
unpardonable’ was that none of his Executives or mid-management staff had
brought the spiraling debt to his attention.
Legal, give me advice ASAP on what can
be done immediately to mitigate our losses!
The New
Recruit’s return mail was brisk: Disconnect
them from the Networks, sir.
Meanwhile,
Eze, who had received the same email from the Overlord wrote a reply to the New Recruit ‘for-your-eyes-only’ pointing out that the NCC regulations forbade
disconnection of interconnect partners by operators on any ground whatsoever
without recourse to the Commission, but the email went straight to the New Recruit’s junk mail folder, where, he had directed all emails from the
disdained mule.
And
so it was that the interconnect partner got disconnected, subscribers who
couldn’t access the interconnect network complained and it got to the ears of the
NCC who investigated what had happened and found out there had been a
disconnection and instantly slammed the Office with a hefty fine for breach of
regulations and advertised the fine in the National dailies, for deterrence.
The
Overlord was mightily embarrassed. The Office inquisition was short and swift.
The New Recruit was summarily dismissed for giving wrong legal advice and for
ignoring the email warning against unilateral disconnection. Eze was promoted
two levels with increased benefits.
But
Eze submitted his resignation letter that same day and walked out of the Office
taking only the keepsake from the Niger Republic.
They
say he now runs his own private practice advisory on telecommunication laws.
Friday, 4 November 2011
In the Case of SAMSON v. THE FOOTBALL FEDERATION (A Sneak Preview)
(DISCLAIMER: The following article is
entirely fictitious. Any resemblance to persons living or dead and other similarities
to real-life circumstances are purely accidental and the author offers his sincere
regrets)
We got in
touch with the Mr. Samson’s legal team and they let us in on their proposed arguments.
We are overawed by the pure genius and cannot help reproducing them here for
our readers:
Your
Lordship, for no ascertainable reason, the defendant (hereinafter “the Football
Federation”) has always given our client a raw deal despite the fact that he
always maintained a quiet and harmlessly brooding mien, and stayed free of controversy.
If you recall my Lord, in his days as a player, they gave him the Number 13 jersey despite strong
historical evidence that the number bodes ill-luck. All pleas by our client bounced off their
obdurate ears, and my Lord, we all recall the consequences only too vividly. Our
client missed that crucial penalty in the semi-finals against Cote d’Ivoire at Tunisia
‘94 and almost gave the nation a collective thrombosis before the game suddenly
turned around on its head.
Yet, our
client’s insistence on a Jersey change was scorned as superstition and there
was even talk of dropping him from the team until that second game in the USA
94 World Cup against Argentina. My Lord no doubt joined the euphoric crowd of
Nigerians to celebrate our client’s excellent strike. Yes, we eventually lost to suspect
officiating, but we joined the golden ranks of underdogs who scored against the
Diego-era of Argentina. Why? Because our client had persevered and obtained a
jersey change! (He wore the Number 12 at
the competition!) We are constrained to add here that a certain Mr. Ezeugo who inherited
the number 13 got involved in a career threatening car crash shortly after the Mundials. Enough said.
Thankfully,
our client continued to enjoy blistering form in his meritorious sojourn in France
and was deservedly due to retire to quiet enjoyment of well earned splendor. But
no, the Football Federation sought him out again. We, his legal team expressed
reservations at that initial offer because the Federation has a long history of
turning brilliant men to piteous wreckages. But our client humbly accepted to do service
to the Fatherland. But our
hunch was proved right. The defendants wielded another raw deal in that offer.
Now,
everybody knows that our nation is jinxed in the Under 20 FIFA Championship. We
have been so destined since the climax of the Damman Miracle, and every other thing has remained, well…an anti
climax. My Lord you
can see now that this was another obvious trap to tarnish our client’s golden career.
But no doubts sir, you were a witness to how things eventually played out. The
trap failed woefully, because although the jinx swallowed our client
nonetheless, the circumstances of his defeat kept him on the right side of
public opinion, thus throwing a spoke in the wheels of the malevolent
defendants.
And, at this
juncture my Lord, we would like to move for the National teams of Argentina to
be joined as necessary defendants to this suit. Yes, that second defeat at
their hands, has been trailing our client’s career in an uncanny way. We
suspect some kind of ghoulish vengeance for that daring strike in ‘94 referred
to in foregoing paragraphs.
My Lord, the
defendants arm-twisted our client to continue to the Beijing Olympics and mandated
him to achieve Olympic gold. We saw how he bravely steered the lads all the way
to the final. Again, the Argentines (!) stood in the way. My Lord, as usual,
the voice of the people moved justice to our client’s favour again. The chants
got alarmingly close to threats of anarchy if the Federation ever sacked him. (My
Lord certainly understands what anarchy portends for the judicial institution, and
we hope this reference serves as useful practice direction).
However, in
the face of unending mediocrities we continued recording at the senior team
level, (compounded by yet another cheap defeat by Argentina [again!] at the
Mundials; the defendants sneaked up to our client yet again. Our client accepted; and in his characteristic commitment to God (My Lord recalls that his inaugural speech was a gospel tune) and
country, he failed to see through the glaring jealousies at work in the
Football Federation.
We advised
him on the warning signs when the defendants paraded a suspiciously weak
(Argentine!!!) team against our senior team which he had given the needed
face-lift. Our client scaled through; and the Federation yielded to the alien concept
of a second leg in a friendly match (!) just to catch him short. When defeat only made Nigerians chant his name
the more; the defendants executed the ultimate coupe de grace. They infiltrated his camp. His goalkeeper was
turned berserk, and on that final agonizing day against the Guineans; the fair legs
of his once lethal winger grew leaden and stiff.
The defendants
could not resist their glee when the hitherto supportive public poll grew hazy
and in the ensuing confusion, they struck- by purporting to SACK him. But my Lord, this Samson
may be bald but he is no push-over, emboldened
by our robust Legal Practice.
The argument
on the other side is that our client failed to meet the milestones stated in his
contract. They insist that he was mandated to attain the semi-final spot at the
African Nations Cup next year. .But my Lord, we did not even reach the
competition on account of force majeure!
Oh yes! The sweltering Abuja heat on that fatal match-day was a natural disaster
that obviously interfered with seamless performance of his obligations under
the contract. Now, if the country had reached the competition and failed to get
to the semis, we would not task the
time of the court and would gladly accept the defendant’s debriefing.
Here we wish
to refer to the case of Avram Grant v. Chelsea (2008, UCL)
wherein the plaintiff had been wrongfully sacked because of failure to attain
European glory. Of course the highhanded defendant-employer paid millions in
compensation, because there was no laid down expectation, thus no failure to
perform; therefore the sack was unjustified. The similarity to our case is
striking My Lord. The contract was silent on what the liabilities were if the
country failed to qualify! And my Lord, it is trite Law that the express
mention of something implies automatic exclusion of the unmentioned ones. (Expressio unis est exclusio alterius!)
In the light
of the foregoing, we hereby seek the following orders from this Honourable
court:
· That
the position of the Chief Coach of the country’s senior team be declared vacant
pending the final determination of this suit; and until such further period as
counsel on either side have fully and finally exhausted their respective rights
to Appeal up to the apex court.
· That a compensation of Two
Billion pounds (amounting to the financial value that would have accrued to our
client if he had accepted offers in Europe these last six years) be awarded our client. We gather that Chelsea FC looked his way when
they bought his protégé midfielder. (We urge that you dismiss the defendant’s
position that our client would not have survived 6 years under Chelsea’s tempestuous
ownership- as mere speculative conjecture)
·
Public
Apology from the Argentine senior and age-group teams, as well as a directive
to FIFA to stand down any fixture between the two countries for the next ten
years.
·
That
Mr. Odemwinge be fined a year’s wages in both club and country for “refusing to play” against the Guineans.
(See the case of Tevez v. Manchester City (unreported)
My Lord, we humbly close our case with
the maxim: Those who live in Glass Houses
should not throw stones.
THE
END
Monday, 31 October 2011
TRICK OR TREAT? (The Lawyer’s Halloween Story)
Google images |
Often we have heard it said
that the Legal profession is a jealous mistress.
Here, the flippant reader may point out that as a rule, most jealous mistresses
are also unattractive. But we shall not be drawn into that argument. The Law exhibits no more violent reaction
than any female whose place in a man’s heart is under threat and will nag and
fight, claw and bite, to restrain him from the lures of other callings. Like
every possessive lass, the Law insists on making Life one long, unending courtship, and will put one through
massive rigours in the quest for perfection. It is therefore no coincidence in
the profession to say that Practice makes
perfect.
So how did lawyers end up in
this chokehold-romance? Well, it is the inevitable consequence of failing Math.
This in itself is food for thought when expressed this way: Math
is all about logic. You must fail Math to be a Lawyer. Yet, Lawyers decide the
fate of society- by applying logic. (And the result is blind arguments. No wonder Justice is equally blind)
Back to the subject. Being
such an abject failure in Math, the lawyer desperately turns to English. He must create a kind of
balance by mastering the language beyond ordinary (and useful) application. So
he devours the dictionaries and encyclopedias, derisively snorting at fiction
and other lively writings. He digs for the roots of words and burrows through
thick covers of the Thesaurus to guarantee an ample barrage of heavy-sounding
synonyms. He is egged on by his tutors: “Talking
is the Lawyer’s stock in trade, learn more words!” In his defective logic,
he misses the irony when people offer low fees for his “services”. And the
bewildered client rolls his eyes “Did they
not say Talk is cheap?”
For his cheekiness, the client is dragged through the agony of multi-paragraphed affidavits, wherein he only recognizes his name amidst a befuddling mass of archaism. He further bears the cross during court examinations and comes out sweating, more than willing to settle out of that torture chambers they call - Courtroom. The lawyer smiles inwardly. Even if he is an utter imbecile at balancing equations, his Bank statement never fails to balance on account of his wordsmithery.
But
Math shows its supremacy again. Technology!
While
the Law sets out to make us all into wizened conservatives scared of stepping
beyond the straight and narrow, Technology
frees the merry, wayfaring adventurer in us. We squeal gleefully at another new
toy in the market, frantically jostling for the latest designs. Nobody is
spared. The old, the rich, the young and the struggling. Nobody stays the same
after experiencing the seductive Blackberry touch. The world is launched into
the exhilarating social media where all things are bright and beautiful. “LOL” removes
the sting from all transgressions, and the “like” button maintains social
equilibrium. We do not take it beyond that Zuckerberg fellow to add a new
application- the “Facebook-Jury” and thus, place guilt/innocence at the realm
of a digital sentence. Computer programmers never rest on their oars. Daily,
algorithms and other complex numberings flow from their heads and assume the
shape of more smart gadgets. The Ipads,
the Galaxys…all these prove very
bitter tablets for the Law’s ingestion. The world is no longer patient with
words!
Risking
the tumultuous ire of the jealous mistress, the Lawyer tries to experiment
along these new ideas. He sneaks behind his dusty libraries and opens a
lap-top. All the clients have gone online, and can only be reached with hi-tech
lingo. After several vigorous scratches to his head, The Lawyer stumbles on a
phrase: The LAW-BLOG. Lmao! Laughing My Ass Off (yes, the Law is an ass).
Incidentally,
today is Halloween, and this thought conjures a scenario in my mind:
Think
of the typical Halloween costume party. (Not like I have ever been in one
though). Invitations have been sent out to your most interesting friends. The
dour and the dull are conveniently omitted. Nightfall approaches, and the creepy
characters start emerging: Count Dracula with his exaggerated canines dragging
a bloodied heart in tow. Frankenstein’s massive frame vibrates the ground as he
glares wildly at impetuous kicks from a snarling Mr. Hyde. Dorian Gray’s chilling
eyes speak countless horrors of corrupted youth bottled in a fragile mask;
Werewolves, Vampires and Zombies huddle in dark corners shrieking gutturally.
If the setting is Nigeria, the acclaimed Nollywood House of Macro would also have done a decent replica of Mr.
Clifford Orji; or better still, Mrs. Merit (from Living in Bondage)
swathed in white sheets with that disturbing monotone of “Andy, Andy, Andy”. Howls
and cries reverberate on all corners of the room. Everybody is a child again,
terrified and having fun.
And
supposing, when the last guests trickle in and the oaken door is about to be
sealed from the sleeping world, a final apparition rises from the shadows. This
latest entrant is quite as scary as the rest. Flowing, ominous dark robes, and a
timeworn, dusty headgear. Wow! Which character is this from the ghosts of the
ancient past...?
The
apparition suddenly turns and reveals a bespectacled face, while intoning its
best imitations of the evil dead…in Latin.
Lo!
It is a Lawyer!
I
bet the party will break up awhile in confusion; and the misfit brusquely shown
the way out. He will go back to the arms of his jealous mistress, who will kiss
him for having returned, untainted by the noisy neighbors. A most wordy lover.
Meanwhile,
he will lay silent in her arms, the loud fun-fare of the night eating his heart
out.
He
will remain an outsider to their revelry; because the world has not yet figured
out what his real roles are: To Trick or to Treat?
THE END
POSTSCRIPT:
Please, wish me a Fab' Birthday; and Welcome to the Unstarched Collar BlogSpot!
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