Monday, January 14, 2013

Social Intelligence Part 5: How We Persuaded The Director of the Nigerian Law School to Recue Himself From Hearing the Petition Filed by One Edo State Law Student Against a Fellow Student From Edo State

Making My Own Rules and Managing Risks in the Face of Disappearing Opportunities: The Elasticity of Power and Using it to do Good.


When I became the Secretary of the Edo State Bar Student Association, at the Nigerian Law School in Lagos, Nigeria, our mandate was to meet with the Governor of the state at the time, Chief Odigie Oyegun, and help to secure a Bursary or Student Award for law students of Edo State origin at the Law School. In addition, to defend and protect the entire student body with a view to ensuring their safety and well-being at the Law School. That was the mandate. Dispute resolution was never part of it.  And debt collection was, also, not part of it.

First Absurdity: After a series of traveling to Benin City and meeting with the Governor, he assured us that he would look into our needs and find ways to give us the support that we need. But he was never definite about the date and the amount to be given to us. In one of our meetings, he told us that the Nigerian Law School is indebted to the State Government over unpaid Bursary allocations. It was actually not a debt. The money was given to the Law School to disburse to students of Edo State origin, on behalf of the State Government the previous academic year. Because the bursary award came late, most of the graduating students were already gone and didn't come back to get theirs. Only a few of them came back, resulting in a leftover. That leftover is what the Governor wants us to collect from the Director of the Law School. 

Second absurdity: A female student of Edo State origin, petitioned the Director of the Law School, protesting what she labeled, obscene and indecent language, used by another student, still of Edo State origin, to qualify her during an altercation. The defendant, after being served with a summon to appear before the Director of the Law School to defend the allegation, came to me, demanding that I  meet with the Executive of the Edo State Student body to intercede on his behalf before the Director of the Law School. He made it abundantly clear to me that he cannot stand before the Director. His argument was that as the Secretary of the Student union, whether or not his unique case is part of our mandate, as a friend, I have to intercede on his behalf if I do not want him to be expelled from the Law School. I will come to this later. 

A Check For Edo State Government

With respect to the leftover funds, it beats my imagination why the Governor’s office, the Commissioner for Education, or the Commissioner for Finance did not contact the Law School for all these years to process the refund. They didn't.  


Confident that recovering the unpaid bursary from the Law School would expedite the approval of our application before the state Governor
, we met with Dr. Ibironke, the Director of the Law School, hoping. The Director immediately contacted the Chief Accountant of the Law School on our behalf to handle the recovery. A few days later, the Director contacted us and told us that, indeed, there is a leftover. The same week, the Accountant met with us at the Director’s Office and presented us with a check, payable to the Edo State Government.  

Excited over the accomplishment, the entire Executive team traveled to Benin City to present the Check to the Governor. We came back to School disappointed; Governor Oyegun and his team did not make any commitment to approve our demand. 


THE MAIN STORY

Meeting with the Accused 

With respect to the petition written by one of our students, it was, to say the least, a novel case. We did not bargain or anticipate such a challenge when we took office and didn't know exactly how to proceed. The President of the association, who was in fact, a retired Permanent Secretary before returning to the University to study law, handed the case over to me. His reason was that the two students involved in the petition graduated from the same University as me. 

As I said earlier, the first time the student and I met, he made it very clear to me that going to Dr. Ibironke's office is the last thing that he wants to do. He pleaded that I intervene. At that point, I remember what one of the guys who dragged me into the association at the formation stage told me about why they wanted me on the team.

FLASHBACK: Formation of the Association

When the Nigerian Law School, Lagos, Nigeria was reopened for the 1992/93 academic year, most students were hard hit with problems associated with a housing shortage. Besides, the majority of them have never been to Lagos before. If I may add, one very smart lady I admire with passion was not called to the Bar at the same time as us, because of the accommodation problem she had. That was the kind of problem that prompted some students to come together in the hope that distressed students, especially those coming to Lagos for the first time would have an organization to run to for assistance.  

So, it was the severity of the accommodation problem - as I was told later - that prompted some gentlemen to start looking, specifically, for politically savvy students to lead the association. They were looking for students who would be able to represent the association before the Governor of our state and present a persuasive case for the Bursary Award. They met a very popular student involved in show business who recommended my name to them. According to what I was told later, this gentleman told them that the guys he is recommending, read The Nigerian Guardian newspaper every day and he knows about politics, politicians, and public affairs more than anyone he has ever met. 

When they came to me, I told them bluntly that they are meeting with the wrong guy, to wit I am not a student union activist and that I will be the last man to lead students on a matching protest through the street of Benin City. They assured me that, what they want from me is not to organize a protest - given the intensive nature of the program at the Law School and Dr. Ibironke's disciplinary style - but to represent the students before the State Governor and help negotiate bursary awards for them. I joined the group, and about a week later, I was unanimously made the Secretary of the new association. 

Creative Approach/Use of Power:

So, reminiscing on all that transpired during the early stage of the association and what catalyzes my involvement, I thought it would be brazenly selfish and myopic of me to now turn my back on one of my own. He is in a dire situation that he hasn't the slightest thought on how to extricate himself from; I told myself. I took the case and told the student that I will do my best to see that he did not miss any class because of the petition. 

I briefed the President of the association who, initially, wasn't quite receptive to the idea of the Executive injecting itself into a dispute that is already pending before the office of the Director. Worse was the idea of asking the Director to recuse himself from the case, as I suggested. He demanded that I come up with something better to say in our next meeting.

The following day we met. Again, I insisted that the Director recuse himself from the case. I said, traditionally in Esan (Ishan) land, where I come from - which in fact, is a part of the old Benin Kingdom - natives or indigenes never resort to a court or the Police Station to resolve the dispute, without first exhausting all the available traditional avenues of redress. Such as meeting with the Council of Elders and Local Chiefs. On that premise, I argued that the Director should kindly recuse himself from hearing the petition between the two students from the Benin Kingdom. In other words, we - the Executive, representing the people of the Benin Kingdom - are in a better position to resolve the dispute by applying the traditional method. Unless, of course, we are unable to resolve it, then, the case can then proceed to the office of the Director. The President was seemingly not persuaded. 

We met with the Director several times in the past. And I sense a kind of mutual respect existing and developing between the two old men - the Director and our President. I still remember vividly the look in the Director's face when our President told him during our first meeting with him that his last son graduated from the same Nigerian Law School about ten years ago. On that assumption, I was cautiously optimistic that, if the President argues along with the traditional approach to dispute resolution, the Director might see reason with us. At last, the President agreed.

We met with the Director the following day, and lo and behold, he told us that he is all for it, but on one condition. He insisted that the parties, especially the Petitioner, must first, recognize and subscribe to our canvassed jurisdiction. Then, he would recuse himself from the case. In other words, the Petitioner must first agree that we hear the case and that she is willing to be bound by our decision. He dismissed us and told us to get back to him as soon as possible. We thanked him and left.

Meeting with the Accused and the Petitioner

As soon as we get down the stairs, the President told me in a very blunt term: We (that is the rest members of the Executive) don’t know these two students, you know them. Please talk to them and get back to the Director as he instructed.  I thanked him and told him I will do just that.

First, I met with the guy and I told him to wait for me while we were having an audience with the Director. He was completely overwhelmed with joy when I apprised him of the Director’s decision. We agreed to meet the following day at the same spot, hoping to bring the Petitioner along with me.

I didn't get to contact the Petitioner immediately. Rather, I went to a good friend - a confidant and an insider who I always meet when I need to know the news behind the news on campus. I only want to know the nature of the relationship between the two students, if at all. Based on what I was told, I was optimistic that the Petitioner would not like to jeopardize the chances of the accused passing out from Law School successfully.

I met with her the next day. The moment she saw me, the first words that came out of her mouth were: Secretary, where is our bursary? I told her not to worry, and that we are working on it. 

Without much ceremony, I told her my reason for meeting with her. And that the Executive, being the representative of the Edo people on this campus, is interested in the petition that she filed against her friend that is pending at the Director's office. Immediately, I apologized on behalf of the Executive and the entire students of Edo State origin at the Nigerian Law School for what the guy said. God bless her; she did not object one bit to my request. Her only concern was how to withdraw the petition from the Director's office. Hearing that, I smiled and I told her with every gusto I could muster that she should not worry and I will take care of that.

At that juncture, I signaled the accused and he came over to join us. As instructed, the gentleman apologized sincerely and promised never to engage in any form of verbal war with the Petitioner again. And that was it. I thanked the Petitioner for allowing the Executive to intervene, as well as subscribing to our contrived jurisdiction. We shook hands and parted ways.

I ran to the Director’s office to apprise him of the decision, and he was gracious enough to close the case in my presence as he promised. 

At Last, We Got our Bursary and Made History. 

It was the biggest surprise of my eventful year at the Law School, when Pa Obaseki, the Director of Higher Education at the Ministry of Education in Edo State, came down to the Law School. He and his entourage drove down to the campus straight from Benin City to personally present the Bursary Award to us in our final week in Law School. I was at the Library when the news came. I met with the entourage and immediately ran to paste notice everywhere on campus, informing our students that the long-awaited bursary has arrived at last. The hall was packed full, within minutes. After much confusion, an order was restored, and everyone present got his or her one thousand Naira check. 

In the end, my good friend, Pa Obaseki invited me, the Executive, and willing students to join them at a reception at Edo House where the Governor was waiting for us. I protested and told him that I wasn't going, arguing that he did not live up to his promise – the money came very late. We needed the Bursary the very first month of class when the majority of the students were experiencing real and severe hardship here in Lagos. 

The old man apologized and said something that I will never forget. He asked me if I remember the check we brought to the State Government from the Law School, and I replied yes. He asked if I have forgotten why that was the case. I looked at him, not in the mood to say a word. I knew the answer, but was not willing to say it - they did not approve the funds for previous students on time. He said "congratulation my son. This is history! For the first time in many years, students of Edo State origin received their Bursary during the school year. We didn't want a repeat of the past, hence we are here today, standing before you, to personally hand you your check before your graduation." I thanked him and politely reminded him that much as I would have liked to be at the reception, I have an exam to write the following morning. He prayed for me and we parted ways.

The following morning they came back to campus again and set up a paying boot at the front of the students' center and continued the payment until late afternoon. Even students who did not register with us were still paid, as long as they were able to prove their Edoship.

Knowing Pa Obaseki

My last visit or meeting in Benin City with Mr. Obaseki did not start on time. I was at the Office of the Commissioner for Education first thing in the morning. After a brief meeting with the Commissioner, he told me to proceed to Mr. Obaseki’s Office, who was then in charge of Higher Education to take care of my demand. When I got to his office, I made him understand that I wasn't going anywhere until I receive a firm commitment from him of the amount he is committed to and the time of disbursement. 

After waiting for almost the whole day, he came back to me and made a passionate, but Fatherly plea. Not with respect to the bursary, but for my safety at the Benin-Ore-Lagos road. He said, "my son [that's me], my own brother’s child - my nephew - is a student at the Law School right now, just like you.  [I know the guy, a fine gentleman, who stood up once to defend me during a heated debate at the Association meeting]. But we don't see him here often. I don’t want anything to happen to you on that bad road. It is not safe and it is not advisable. I am a parent and I know your parents would be very proud of you when you graduate. Please go back to school. I don't want to see you here again and I don't want anything to happen to you driving through that road. I promise; you will get your Bursary." He concluded and dismissed me. And I took his words.

Conclusion

Granted, the Bursary Award did not come when needed it most, however, the Executive exceeded their terms of reference. Edo State Government got a refund from the Law School, thanks to our effort. Then again, I do not know how my friend would have handled the petition written against him by a fellow student, or what would have happened if the Association had not intervened on his behalf. What I do know is that both students became close friends again and were successful at the Bar Examination.  

On a final note, we write the Social Intelligence Series to prove a point: There is nothing like "my hands are tied" when circumstances trusted leadership positions on you. The goal should always be: How do we interpret the article incorporating the office, not just to do the routine, but to do good not specifically defined therein. That is our definition of leadership, and that's exactly the essence of the lesson told by the Social Intelligence Series. For now, we can only write about what we know, hoping as always, that someone is reading. That is the most we can do from the outside. 

As I sign off on the Social Intelligence Series, I take solace in the amazing and inspiring words of Steve Prefontaine - "Success isn't how far you got, but the distance you traveled from where you started." It is not how far, but how well. After all said and done, I'm content, and confident that the best is yet to come.

May God Bless us all. 


                                                                     

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