Was it the same reason that you defended Fela too?
Well, everybody knew that I was Fela’s lawyer, and the Kalakuta Republic. Well, Fela’s case was different. Obasanjo, Danjuma, Abiola and all those guys were pretending that Fela was corrupting the young generation. These were people who were themselves not saints. Talk about womanising, Obasanjo is noted for that sort of thing; Abiola, you know…
That’s why I said Fela’s case was radical. So they decided that they had had enough of Fela. So they decided that Fela must be, if not liquidated, reined in. So they sent a thousand troops – can you imagine, a thousand soldiers or thereabouts – to go and deal with Fela, burn down his house, deal with those girls and his band boys. It was a black Friday in February 1977, and his aged mother, in her 70s, was manhandled. Fela’s elder brother, Prof. Olikoye Ransome-Kuti, came over here with tears in his eyes – not so much for Fela but for their mother. Although he knew other lawyers, he felt I was best suited for that case. That’s how I went into that case.
Again, it was a classical case of injustice and oppression. In the Fela case, the judge did not say that his hands were tied. The judge said, ‘The king can do no wrong.’ The king in this context was the military junta. Can you imagine, using an old English antiquated legal maxim when British subjects were precisely what they were called – slaves to their king. It was a very interesting case indeed.
I used my experience in that case in my doctoral thesis. We went through the entire trial and the Nigerian judges, their nerves failed them, right up to the Supreme Court. The trial judge, I’m quoting from the court record, found that no fewer than 1,000 troops descended on Fela’s residence and burnt the place down. Fela was not harmed, Fela was innocent. They burnt the place down and ill-treated them. They even went to the ridiculous extent of acknowledging damages to which Fela was entitled but he said he could not award any damage because ‘The king could do no wrong’.
He also said that we did not come under the fundamental human rights case because fundamental human rights law had not been enshrined in the constitution. The Fela case and its ridiculous judgement had been sufficiently dealt with but one aspect that I will tell you here is this. Something good came out of that case, however. It was because of the Fela case that the Constituent Assembly went to include fundamental human rights in the Nigerian Constitution.
In civilised countries, or where people are civil and broad minded, fundamental rights law should be called Fela’s Law for generations to come. I am very positive that the fundamental human rights law that we enjoy in this country will still be called Fela’s law.
You know Obama Medicare and so many laws in civilised nations are named after victims that caused the making of that law. The people here are so backward. Apart from his timeless music, that law should have been named after Fela. It should have been Fela’s law because it was as a result of that brutality and to correct the failure of justice that the law came.
How will you compare activism then with what obtains now?
Well, activism now has been keeping with the modern times and what obtains in other parts of the world and with all the influence and effect of the social media. Activism now is more effective. If we had this kind of modern technology – social media, computer, GSM – I think the country would have made progress. Like the one we did in January last year – the fuel subsidy thing. It has reduced to some extent the culture of impunity; corruption without caring. There is also the role of the press, especially magazines like TheNEWS and TELL, which put people in public office in limelight. For me, it is not yet enough, we should still do more. Activitism now is consistent with modern times and in other places.
Awolowo was being persecuted. His friends and associates betrayed him. They came forward to say things against him and by my nature, I simply abhorred that persecution. The more Awolowo was persecuted, the more I felt obliged in my own young and humble way to be a source of comfort to him. That was the compelling reason. And as I said, we were marked.
How did you get your dress sense?
I am very happy about my dress sense. Actually I called in one of the best designers that Nigeria had at the time, Shade Thomas. I gave her an idea of how we would like to dress and at that time; it was in 1980. I said I wanted short sleeves, dignified, that we should role up our sleeves; we meant business. Don’t forget, we were lawyers, lecturers, etc.
So I told everybody: take off your jackets; not just your jackets, take off your ties. So we had short sleeves, signifying that we were ready to go to the trenches.
And then, by and large, we discovered that it was militaristic. Even Ben Obi was one of the early founders and that was how we started. Then we discovered that it also helped in our own way, the local economy to use adire, ankara etc instead of buying Hector Powell suits from abroad in a hot climate! Gradually, we then began to make it more stylish and, in a few years, it cut up.
What is your view of the supernatural, life and after life?
I am a Christian, a born-again Christian, to use a local parlance. So that says it all. I don’t believe I can do anything except God helps me. I know that there is God and there is Jesus Christ. I know that there is life after death and I also know that if you believe in God, you have a responsibility to be disciplined, to live a disciplined life and not to hate even though you are genuinely offended and aggrieved. If you believe in Christ, you must forgive.
Look what Nelson Mandela went through. He is 95 years old now; he came out and forgave everybody. That is a man after God’s heart. Those who say that they are atheists have their reasons. How can you see what is going on around you and still think there is no Super Power? I remember I once had Tai Solarin in my office for several hours. He came to discuss this issue of whether there is God or not and he wouldn’t go. He came in his pair of shorts and I appeared as I am appearing now. I think I was able to demonstrate to him that he was in error about his atheism.
With your own experience, what are the secrets to living long?
Well the secrets of living long are not even in your hand because if you do everything well according to the book, you could have an accident and just die! So you don’t live long even though you do everything according to the book. So the secrets of living long are first: pray everyday to God for your life and the life of your family. I pray everyday to Jesus Christ for my life and the life of my family. Secondly, do not tempt God. Do everything in moderation.
How can one tempt God?
You can tempt God by saying, ‘I have prayed to God, so I can drink alcohol as much as I want and smoke because I have prayed.’ I must not do exercise, I must indulge in immorality as much as possible, you are tempting God. You must do things in moderation. As it is said, too much of a thing is bad. I do not smoke, I do not drink except occasional wine. And I do exercise.
Excerpts of TheNEWS interview with Dr Tunji Braithwaite, published in the 7 October 2013 edition
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