Chief Kanu Agabi, Thy Name Speaketh for You

“Greatness is not measured by what a man or woman accomplishes, but by the opposition he or she has overcome to reach his goals.” -Dorothy Height

In my little way and from my very small window and little corner, I enjoy celebrating people – dead or alive, great or not so great. These are historic personalities who symbolise the words of Ralph Waldo Emerson: “Do not go where the path may lead; go instead where there is no path and leave a trail”.

There are names that echo through time, names that, when spoken, bring to mind the essence of who that person is and what he stands for. Chief Kanu Godwin Agabi, senior advocate of Nigeria, SAN, and Commander of the Order of the Niger, CON, is one such name. And if you did not know, “Agabi” itself carries a delightful metaphor in his native Bekwarra tongue. It simply means something sweet, awesome, and utterly adorable. In the Holy Bible, Agabi means love and affection. He has yet another name which can frighten any gatecrasher. That is his first name, “Kanu”. Kamanu, Akanu, or Kamalu is of Igbo origin shortened to Kanu. It simply refers to the traditional Igbo god of thunder and lightning. It is equivalent to the more familiar name of the same deity called Amadioha or Amadiora.

In Sierra Leone, Kanu simply refers to “high god”, the supreme being and originator of all things who is said to live in the distant skies. But our own Kanu is not a supreme being. Thank God he lives amongst us here on earth, not in the distant skies. We are happy with this. Yes, the name fits him like a glove, because here is a man whose legacy is as sweet and affectionate as it is monumental. But that is not all. In case you were to take his love, affection, and sweetness for granted, you are stopped dead on your tracks by his middle name, Godwin. And he has won many battles and wars alike because his God always wins. His sweetness and affection easily translate into generosity.

I remember one of my many visits to Chief Agabi many years ago as if it were just yesterday. It was at his office in Mabushi, Abuja, a place that buzzed with the energy of legal brilliance. He had the kind of aura that simultaneously made you feel both at ease and in awe. Such apparent contradiction! Imagine my surprise when, during our conversation, he fished out and casually handed me an iPad. Now, you have to understand that this was a time when the iPad was still a very vague concept to many; a sleek piece of technology that felt then more like a futuristic dream than reality. It was my first time of beholding and touching an iPad. Yet, here was Chief Agabi, gifting me one as if it were an ordinary pen or handkerchief. It was my first iPad ever, and I carried it around for years like the treasure it was; not just because of its uniqueness then, but because of who gave it to me. Thank you, sir.

“The only true wisdom is in knowing you know nothing.”- Socrates

That moment was quintessentially Agabi – generous, forward-thinking and always ahead of the curve. His generosity is not just about material gifts; it is in his wisdom, his deep pieces of advice and his uncanny ability to make you see the world a little differently from yours after every conversation with him. This is what I cherish most. And if you have ever had the pleasure of being in his company, you would discover that he is as witty as they come. He once told me, with a twinkle in his eye, that the only reason he became a lawyer was because his mother did not trust doctors! Of course, that may not have been completely correct, but it was vintage Agabi, SAN, a man who could blend humour with wisdom in a way that leaves you both laughing and thinking deeply.

But let us take a step back to where it all began. Born on the 9th of July 1946 in the small village of Adim, in Odukpani Local Government Area of Cross River State, Nigeria, Chief Agabi’s beginnings were as humble as mine. Perhaps, mine was even more humbling. Yet, from these modest roots, a giant of the legal world would emerge.

“Start where you are. Use what you have. Do what you can.” – Arthur Ashe

Chief Agabi’s early education took him to St. John’s Primary School, Gboko, and later St. Benedict’s Primary School, Ogoja. These were simple schools in Southern Nigeria, but they were the fertile ground where his intellect first took root. From there, he moved on to Maryknoll Secondary School, Okuku, Osun State, and Methodist College, Uzuakoli, Abia State. It was during these formative years that the young Kanu began to show signs of the greatness that would later come to define his life. He was not just a good student; he was a youthful leader, the kind of person who could inspire others with sharp vision and raw determination.

I imagine that even then, the young Agabi must have had the same twinkle in his eye that I saw when he handed me that iPad. It is the look of a man who knows he is destined for something extraordinary, even if the world hasn’t caught up to that fact yet.

In 1969, Chief Agabi took the next step on his journey of life by enrolling at the University of Lagos to study law; a decision that would set him on a course that would help shape the legal landscape of Nigeria. During his time at the university, he not only excelled academically, but also became a prominent figure in students’ union politics. As the President of the Ogoja Provincial Students Union, he demonstrated the leadership qualities that would later make him a respected figure in both the legal and political arenas of Nigeria.

“The law is reason, free from passion.” – Aristotle

After successfully completing his training at the Nigerian Law School in Lagos, Chief Agabi was called to the Nigerian Bar in 1972 (I was then a form three secondary school student), becoming a Solicitor and Advocate of the Supreme Court of Nigeria. His early career was marked by an unwavering commitment to justice and a keen understanding of the lawyer’s role in society. It was not long before his talents blossomed, and he began to ascend the ranks of the legal profession.

As his reputation grew, so too did the responsibilities placed upon his slim shoulders. Chief Agabi served as Chairman of the Board of Directors of NICON, Niger Insurance Company Limited and National Properties Limited. His leadership in these roles was marked by a rare blend of wisdom and pragmatism, traits that would later serve him well in the years to come.

In 1997, in recognition of his immense contributions to the legal profession, Kanu Godwin Agabi was conferred with the prestigious rank of Senior Advocate of Nigeria (SAN). This was not just a title, but a testament to his excellence in the legal field, a recognition that he had not only achieved excellence by mastering the law but had also become one of its foremost champions.

TWICE A GIANT

“In the middle of difficulty lies opportunity.” – Albert Einstein

Now, here is a tale that is as sweet as it is remarkable: Agabi was appointed Attorney General of the Federation and Minister of Justice not once, but twice! If that does not speak to his brilliance and resilience, I do not know what does. The first time was in 1999, under President Olusegun Obasanjo. This was a period when Nigeria was transitioning from military to civilian rule, a time fraught with challenges and uncertainties. It was the kind of moment that could make or break a nation’s legal framework. And who did they turn to? None other than Chief Kanu Agabi.

His first tenure as Attorney General was nothing short of transformative. One of his most notable achievements was his push for legal reforms. He understood, perhaps better than anyone else at that time that the law must evolve with the times if it was to serve the people effectively. He advocated for changes that would strengthen the judiciary and ensure that the rule of law was upheld across the nation.

“The best way to predict the future is to create it.” – Peter Drucker

One of the most courageous actions he took during this time was his call for a modification in the strict application of Sharia law in Nigeria. In March 2002, he famously wrote to the governors of the northern states, urging them to ensure that Sharia law was applied in a way that did not discriminate against Muslims for being Muslims, or violate the principles of equality before the law. He had made this statement against the backdrop of some judgements delivered under Sharia law that were brazenly discriminatory against Muslims. Notably, in one of the judgements, a lady, Amina Lawal, was sentenced to death by stoning for giving birth outside wedlock. This was no small feat, and it took a man of immense courage and conviction to take such a critical stand. He famously wrote thus, “A Muslim should not be subjected to a punishment more severe than would be imposed on other Nigerians for the same offence, and equality before the law means that Muslims should not be discriminated against.”

Then he became Minister of Solid Minerals. While holding that second sensitive ministerial portfolio, it appeared as if the universe had not had enough of his sheer brilliance. Agabi was again reappointed Attorney General of the Federation and Minister of Justice in 2002, following the tragic assassination of Chief Bola Ige. This second appointment was a testament to the trust and confidence that the nation had in his abilities. And once again, he valiantly rose to the occasion, navigating the complex legal and political challenges of the time with the same grace and effectiveness that had marked his first tenure.

“Success is not final, failure is not fatal: It is the courage to continue that counts.” -Winston Churchill

His time as Attorney General was marked by several high-profile cases and legal battles, many of which tested the very fabric of Nigeria’s legal system. But in true Agabi fashion, he faced these challenges head-on, armed with nothing but his sharp mind, his intellect, deep sense of justice and, of course, that signature wit. In March 2002, Kanu wrote in a letter to Nigerian state governors that the application of strict Islamic or Sharia law was unconstitutional, since some judgments passed under Sharia discriminated against Muslims. That month, Amina Lawal, a young Nigerian woman accused of giving birth to a child out of wedlock was sentenced to death by stoning, a punishment that was confirmed in August 2002 by a Shari’ah court of appeal in Funtua, Katsina State. Kanu came under immense pressure from Amnesty International to abolish the death penalty in Nigeria.

In May,2003, the Attorney General urged a Federal High Court in Abuja to order the arrest of the National Assembly leadership, and to imprison them for contempt of the court. He appealed to the court to set aside the anti-graft bill which the National Assembly had passed into law despite a presidential veto.

Nigeria had not had enough of him as Obasanjo again appointed him Special Adviser on Ethics and Good Governance. At the 2005 National Political Reform Conference where I first met Agabi, I headed the drafting sub-committee that knocked together matters agreed upon by the Civil Society Committee. Agabi’s paper on ethics and morality was a magnum opus; a nullus secundus. It was a reservoir of knowledge about ethical resurgimento and renaissance. He made his points without being fussy, dictatorial or overbearing.

A LEGACY WOVEN IN SWEETNESS

“The legacy of heroes is the memory of a great name and the inheritance of a great example.”- Benjamin Disraeli.

If you ever wondered what it is like to leave a legacy that stands the test of time, just take a look at Kanu Agabi’s trajectory. His contributions to Nigeria’s legal and political landscape are like threads woven into the fabric of the nation’s history. But what makes his legacy truly sweet, pun intended, is the way he has touched the lives of so many, often in ways that go beyond the courtroom.

Take for example, his mentorship of young lawyers. Agabi did not just blaze a trail; he made sure that others could follow in his footsteps. He has mentored countless legal professionals, many of whom have gone on to become giants in their own right. And he did it not with an air of superiority, but with the humility and generosity that have always defined him. Humility? He wears it like a second skin.

“You make a living by what you get, but you make a life by what you give.”- Winston Churchill

And let us not forget his philanthropy. Remember the Trinity Towers in Abuja? That massive complex he built to house law firms, many of which operate rent-free? It is just one example of how Kanu Agabi gives back to the society. He does it gladly. But here is the kicker; he did not just stop at providing office space; he makes sure that lunch is served free to everyone in the complex from Monday to Friday. The food is cooked in his Asokoro home and taken to his office at Mabushi, Abuja. Now, if that is not sweet, I do not know what is!

Chief Agabi’s generosity extends to education as well. He has funded scholarships, built schools, and supported various educational initiatives, particularly in his home, Ogoja region of Cross River State. His goal has always been to ensure that the next generation has the opportunities that he had, or better opportunities that he could only imagine or dream of as a young boy in Adim Village but could not have.

“The function of education is to teach one to think intensively and to think critically. Intelligence plus character that is the goal of true education.”- Martin Luther King Jr.

But perhaps what I admire most about Chief Agabi is his unwavering belief in the importance of integrity in leadership. He once said, and I quote, “There is nothing wrong with our Constitution. Even if it is a broken-down vehicle, it is the vehicle that we have. However good the Constitution is, it is not a self-enforcing document; it requires good people to enforce it.” Truer words have never been spoken.

This belief in the power of the Constitution and the need for ethical leadership has been a guiding principle throughout his career. It is what has made him not just a great lawyer, but a great man. And it is why his legacy will continue to inspire long after we’re all gone. While I share Agabi’s beautiful espousement of the imperative of integrity in leadership, I humbly disagree with him (and we have done this countless times), on his stance that there is nothing wrong with the 1999 Constitution. Sir, everything is wrong with it. The fact of its being defacto does not make it dejure. It is an illegitimate document, a mere schedule attached to Decree No. 24 of 1999. It does not derive any legitimacy from the Nigerian people through a popular plebiscite or referendum such as to make it home-grown and autochthonous.

His allegory of the broken-down vehicle is very apt here. When the knocked engine of a vehicle defies all repairs and solution, you discard it for a brand-new serviceable vehicle, rather than continually pour water in a basket. Such is with our illegitimate (not illegal) Constitution. No referendum was carried out on the Constitution as the Midwest Region did on 10th August 1963 to exit Western Region. Series of referendum have been carried out by many countries across the world to give their Constitutions legitimacy – Iran, Iraq, South Africa, Egypt, Tunisia, Algeria, Denmark, Switzerland, Indonesia, Singapore, Malaysia, Eritrea, Australia, Belgium, Brazil, Bulgaria, Canada, Austria, Chile, Columbia, Ethiopia, Germany, Greece, India, Italy, Iceland, Morocco, Namibia, Russia, Romania, Spain, Sudan, Sweden and Zimbabwe. The list is countless. That is the only way to go. Merely trimming the branches of a tree that cracks the wall of your house (serial amendments of the Constitution) can not stop the cracks. They will widen. The solution is to uproot the entire tree, roots and branches. Nigeria needs a people-driven Constitution, owned by them and legitimised by them.

THE SWEETNESS OF JUSTICE

“Justice delayed is justice denied.” – William E. Gladstone

Kanu Agabi is a man who has spent his entire life ensuring that justice is not just a concept, but a reality for all Nigerians. His legal career, marked by numerous high-profile cases, has consistently demonstrated his commitment to fairness and equality before the law.

One of the most notable moments in his career was his defence of human rights during his tenure as Attorney General. He was a vocal advocate for civil liberties, and he made it clear that the government had a duty to protect the rights of its citizens. His work earned him respect both within Nigeria and on the international stage, where he was recognized as a champion of human rights.

“The arc of the moral universe is long, but it bends towards justice.” – Martin Luther King Jr.

His stance on legal reforms was not just about changing laws; it was about changing lives. He understood that the law must serve the people, and he was relentless in his pursuit of a legal system that was fair, just, and accessible to all. His efforts in promoting legal reforms, particularly in the area of human rights, have had a lasting impact on Nigeria’s legal landscape.

But Agabi’s legacy is not just about the cases he won or the reforms he championed. It is about the people he helped, the lives he touched, and the example he set for future generations. He has shown us that the law can be a force for good, that it can be used to protect the vulnerable, to challenge the powerful, and to bring about meaningful change. Sapara Williams (“A lawyer lives for the direction of his people and the advancement of the cause of his country”); and Professor Dean Rosco Pound (“Law must serve as an instrument of social engineering”) must be very proud of Agabi from their cold graves.

THE SWEETNESS OF MEMORY

As I reflect on the life and legacy of Chief Kanu Agabi, SAN, I am reminded of the many ways in which he has shaped not just the legal profession, but the lives of those who have had the privilege of knowing him. Whether it is through his mentorship, his philanthropy, or his unwavering commitment to justice, Chief Agabi has left an indelible mark on the sands of time.

And for me, the memory of that day in his office when he handed me an iPad, my first iPad ever, will always be a reminder of his generosity, his forward-thinking nature, and his ability to make everyone around him feel valued and appreciated.

“What you leave behind is not what is engraved in stone monuments, but what is woven into the lives of others.” – Pericles

Sir, I will never forget that early February 2024 encounter in your office when in the course of our discussion, you broke down and wept like a baby just to push across a point to me. I got the point. And it changed a lot of things about my perception of life. I thank you sir.

“A great man is one who leaves others at a loss after he is gone.”- Paul Valery

Agabi is a man who will be remembered not just for what he achieved, but for how he achieved it. His legacy is one of sweetness of kindness, generosity and a commitment to making the world a better place than he met it. And in the end, that is the greatest legacy of all. Chief Agabi and I have clashed in many cases (both civil and criminal). And he has equally led me in many. In all these, he displayed uncommon humility and mentorship. Many a time, he left me to handle the very sensitive cases because in his usual words, “Brother Mike, you are more than competent and capable to handle this case; my absence will mean nothing”. “Brother Mike”; yes, you heard me right. He does not just call me Mike, which he is eminently entitled to, but must add ” Brother”. Thank you, sir, for your confidence in me. Thank you for your humility.

So here is celebrating Chief Kanu Agabi, SAN, CON, a man whose names means sweetness and awe, and whose life has been a testament to the power of living with integrity, purpose, dignity and a deep love for humanity. His story is one that will be told for generations to come, and his legacy will continue to inspire long after we are all gone. This ode may have come a little late in celebrating your 78th birthday (9th July 1946). But sir, please, forgive me, as you would always say in court whenever you want to enrapture judexes you appear before with your booming baritone voice. Forgive me sir.

Mike Ozekhome, senior advocate of Nigeria, is a professor of Constitutional Law