Diary of a Nigerian Lawyer is a blog created by Halima Musa-Bakwunye. its a space to share my experience as a practicing lawyer and my views on parenting, social, religion and political matters. Stay Blessed as you read my blog!
Monday, February 3, 2014
Tuesday, January 28, 2014
MY WISH FOR NIGERIA (POEM)
I wish I had a magic wand
I wish I could change Nigeria
I wish to see a better Nigeria
I wish, we had good leaders
I wish our country was someone's dream
I wish a better Nigeria existed
I wish to wake up to a better Nigeria
I wish! , I wish! ,I wish!
Monday, January 27, 2014
My view on The Same Sex Marraige (Prohibition) Act (2013)
Yesterday my hubby was reading a Nigerian National Newspaper,
and when I asked him for the main news, he said he was reading
about gays and lesbians in Nigeria, they actually made the Headline. The other
day my little cousin was imitating his sister and next thing I heard was ‘
Hakeem, stop behaving like a gay’. You turn on the radio, the discussions going
on is all about gays and homosexuals. Honestly I have always known that
homosexuals existed in Nigeria(Minority), but never believed that they were our main concern, when
we have issues like terrorist attack, kidnapping, Assu strike, high level of
unemployment, and poor economic condition in Nigeria to say the least. Its on
this note that I congratulate, Federal Government for their massive publicity
of same sex relationship. This is
exactly how developed countries like America who are now open to gay started,
it was controversy upon controversy, punishment of offenders, discrimination, publicity, more publicity through movies,
press, music etc until they started
embracing it .
Are you visiting my blog, expecting that I may be supporting gay
relationship? my response to this new law is as provided in the Act. The Same
Sex Marriage (Prohibition) Act imposes a prison sentence of 14 years for
anyone found guilty of engaging in same-sex relationships, and states that
anyone who "administers, witnesses, screens, abets and aids" a
same-sex union can be imprisoned for 10 years.
Ignorance of the law is
not an excuse. What this means is that if I support same sex marriage I am most
likely going to be sentenced for 10yrs, even if I don’t practice it. So I have no
intention of spending time in KIRI KIRI PRISON! So I leave the struggle for the
gays. Cheers.
Sunday, January 26, 2014
My New year resolution.
every new year we make new year resolutions, cant really remember if i always accomplish them, i usually have a very long list of things i want to achieve, hmm i know loosing weight is always on top of my list. this year i intend to make it very short. looking at my my blog i realize that the last time i posted on my blog was in August 2013, thus my first resolution for the year, would be to be a little bit consistent with my blog, second would be to maintain a healthy diet and continue with my regular exercise, devote enough time to God and my Family. i think this would do for now. it feels good to be back, hoping that i continue posting on this blog. lol! i wish to appreciate all those that have viewed my blog, and sent messages to me, thank you very much, not excluding those who have called to ask questions. its proof that my work is not in vein. love u all. cheers.
happy happy new year. (2014)
happy happy new year. (2014)
Tuesday, August 20, 2013
CLIENT: HELP MY LANDLORD IS THROWING OUT MY THINGS!
a call from my client woke me up from sleep this morning. it was a cry for help. it happened that for close to two years he has not paid his rent, he consulted me five months ago seeking my counsel on how to go about his financial mess vis a vis his unpaid rent, i did advice that since his landlord was no longer interested in him as his tenant, it was time for him to go, but that it was important we replied the latest notice to quit, stating clearly when he intends to vacate the premises. that was the last time i saw him until yesterday when he brought my legal fees to commence a reconciliation process with his landlord, i did the draft copy of the letter, which he was suppose to read today, before we send it to the Landlord's lawyer, but that letter was never typed as the landlord came in this morning with touts to throw out his things. i got to the premises in time to meet the Landlord and the touts, as they sealed up the premises. the Landlord told me expressly and confidently, that he knew his actions were wrong and unlawful, but that he was ready for the consequences of his actions, he said the Tenant has not paid him since 2010, and that his daughter needed the apartment for her personal use. i was shocked as it turned out that the Tenant lied to me about the duration of time and debt owed. i appealed to the landlord, but he nodded his head continuously, there was no going back, what is done is done. i felt for my client's wife and 5 months old baby and other kids that lived in the house ( his nephews). nothing much for me to do or say, he delayed after my advice and now it was purely a police
case, unfortunately for him , i had a matter in court, so i left him behind to sort himself. well going to the police for help or justice is sincerely a waste of time and money, i would have told him so straight away but an angry man in his situation may not listen to me, i had to allow him discover that for himself. he got to the police station and i believe was adviced to do the right thing, relocate his family. i refunded my legal fees, and wished him well. its sad when tenants deliberately refuse to pay their rents, its also frustrating when landlords get delayed justice from our courts. my advice to Tenants is that embarrassments like this is not worth it. please pay your rent and if you have financial issues be polite to your landlord, if things get so bad and you can no longer afford the rent, move to a cheaper apartment. as for landlords facing similar stress, get a competent lawyer to file an action in court, using touts is so uncivilized. its horific! Godbless
case, unfortunately for him , i had a matter in court, so i left him behind to sort himself. well going to the police for help or justice is sincerely a waste of time and money, i would have told him so straight away but an angry man in his situation may not listen to me, i had to allow him discover that for himself. he got to the police station and i believe was adviced to do the right thing, relocate his family. i refunded my legal fees, and wished him well. its sad when tenants deliberately refuse to pay their rents, its also frustrating when landlords get delayed justice from our courts. my advice to Tenants is that embarrassments like this is not worth it. please pay your rent and if you have financial issues be polite to your landlord, if things get so bad and you can no longer afford the rent, move to a cheaper apartment. as for landlords facing similar stress, get a competent lawyer to file an action in court, using touts is so uncivilized. its horific! Godbless
Monday, August 19, 2013
THE NEW DRIVER'S LICENCE
For some time now, i have being planning to commence the process of renewing my driver's licence. So i decided to visit the local government close to me today, for the process. when i got there i was told to produce my current driver's licence which expires on the 1st of september 2013 for confirmation, the numbers on my driver's licence where entered into the system and i was told that it was not registered with the Federal Roads Safety Agency (FRS). in simple English it means my Driver's licence is FAKE! i was shocked, it was as if the ground should open and swallow me. how on earth did i get a fake driver's licence. i had to take a few minutes to digest the news, i called my hubby first to inform him of my discovery, i expected him to be shocked but he responded calmly, 'only few people in Lagos State have the original driver's licence'. but i remember i got mine from (FRS) so why is mine fake, what a country. its funny that for three years i have being using an unregistered driver's licence, i have used this licence to process lots of documents, i have shown it to men of the FRS, Police, LASTMA etc, yet nobody ever queried it. well i recovered quickly and i was told the requirements, aside downloading the forms on line, i have to go to driving school, get learner's permit, come for driving test and take examination. i honestly do not have issues with the driving test, as far its an authomatic car i would be using for the test, and not the manual lorry given for the test. the process is tedious and hell! why cant we just make things easy for ourselves. well i have to be back to my office to prepare for my case tomorrow. wishing you a lovely week ahead. Godbless. Cheers.
Friday, August 16, 2013
CAR ROBBERY IN MY NEIGHBORHOOD
Thursday, August 15, 2013
CLIENT: "I WANT TO DIVORCE MY HUSBAND"
She worked
into my office with a veil covering her head, and sunglasses covering her eyes,
when she unveiled herself, I said a silent waoh! , she was the most beautiful
female client to step into my office. I had been pre informed of the purpose of
her visit but I wanted to hear it from her. We exchanged pleasantries and I asked
why she wanted to see me, and out came the bomb ‘ I want to divorce my husband’.
So I got my pen and paper and started to ask questions and take note. They have
being married for less than two years, the marriage broke down three months
after the marriage. The marriage ceremony took place in a marriage registry in
Lagos State and no member of her family or friend was present. I asked for her
marriage certificate, which is proof of marriage, but she claimed that the
certificate was removed from her box by her husband. She wanted a divorce
because after the marriage she discovered that information she had about him
was false. Shortly after her marriage the
realized that she was his sixth wife or should we say the sixth woman he would
be marrying, she has no proof of a divorce with any of his wives, and he is
over 25 years older than her. Her husband is based abroad, the plan before the
marriage was for her to relocate and join him, but she later discovered that
the original plan was for her to relocate to his village and live with his
parents. That was why no accommodation was provided for her after the marriage.
After listening to her story, and allowing her to dry her tears, I had to tell
her the truth, citing and reading out the relevant sections from our
Matrimonial Causes Act, I told her that she could not file for divorce less
than two years after marriage unless she could proof that there was hardship or
an exceptional depravity. But if she could proof that her husband was still
married to any of these other women as at the time, she married him, then the
marriage would be void and the court can grant a divorce. All other issues she
raised where just sentimental, because as far as any one is concerned her
family would have verified issues before giving their daughter out. She married
for the money, and the dream of travelling abroad. I also suggested reconciliation,
with the help of family members, that is if there is no proof of a subsisting
marriage, but if really the marriage has broken down irretrievably then both
parties can quietly divorce in court, with out going through an embarrassing
trial. This is my advice for young girls
who just want to jump into marriage for the money, you soon discover that
marriage is not a fairy tale, its all about patience, tolerance and real /genuine
love. Look before you leap.
Wednesday, August 14, 2013
Now nine months old.
how time flies, cant believe that my baby boy is now nine months old today, and we are already counting down to his birthday. i give thanks to Almighty God for everything. today we went for his immunization given at nine months old, measles, yellow fever and vitamin A. this picture was taken at the immunization centre.
Tuesday, August 13, 2013
My Philosophy: Key to happiness is contentment!
My philosophy about life is very simple. i believe that life is simple, life is easy, but man makes it complex by worrying over everything. No matter how hard you worry, what will be will be. I don't believe that i am better that any one, neither do i think that anyone is better than me.I respect others for their accomplishment in life and pray that God blesses me and my family. To this end i am not envious of anyone but very content with what i have, little be it or much, as i strongly believe that the key to happiness is contentment. i do not believe that there is any man on earth who has it all, any one who tells you that he has it all is lying, just like the economist say,'human wants are un satiable'. beauty lies within a person, a good intellectual discussion makes my day, you don't need to be Agbani Darego (Former Miss world), or prince charming to win my heart. i don't think the man living in a mansion or castle is better than the man in a bungalow. my reasons are simple, the man in a mansion can only sleep in one room at a time, so is the man in the small house, the man in the mansion has lots of beds in his house but can only sleep on one bed, same is with the man in the small house, on that bed, the man in the mansion can not spread his whole body on the bed, same with the man living in the bungalow. I believe you i can live anywhere in the world, a village, a forest, city, town, as far as the basic amenities to survive are available, so to me life is easy, simple, whatever your status, work hard and be content.
Tuesday, August 6, 2013
MY THOUGHTS ON RELIGION
MY THOUGHTS ON RELIGION
The recent
story of the pastor’s daughter who converted to Islam has being on the social
media, for some weeks now, most Muslims displaying her pictures on Facebook
with pride. I really don’t know why there is so much hype about her story, she
is definitely not the first Christian to convert to Islam, or if I may say not
even the first pastor’s daughter to convert to Islam. Her story only became
popular, thanks to the social media. The same also applies to Muslims who have
converted to Christianity. And also Muslims and Christians who have converted
to other religion like Grail Message , Eckanka, Buddhism, AL Krishna, Matasini,
Guru Maharaji, Ekist, Traditional worshippers, sango, Uchi, etc. I really don’t understand the reason or
reasons behind this disdain for each other’s religious believes, the arguments
sometimes goes on with so much
bitterness, debate upon debate, analysis here and there of how, one religion is
better than the other. Some have concluded in their hearts and aloud those
going to hell and the lucky ones to go the paradise. Infact we have stories of
people who died , came back to life with tales of those they saw in hell and
messages from important people, including some known pastors, who are burning
in hell. Then we have boko haram, in the Northern part of Nigeria, killing
innocent people in the name of religion. How merciful is God! When I see the
way people present their arguments on superiority of one religion over the
other, I wonder, who amongst these preachers was present when any of the Holy
Books which they so defend was revealed and first published. The answer is
rhetoric: nobody! Yet we have all been born to believe the content of these
Holy Books, BIBLE: that Jesus is your
Lord and personal Saviour, Jesus Christ died for our sins, HOLY QURAN: Prophet
Mohammed (SAW) is the last Messenger of Allah, there is only one True God and
we can pray to Him directly. ECKANKA: You can communicate with God through
sounds. GRAIL MESSAGE: There is nothing like Anti Christ coming at the end of
time, the real anti Christ where those who crucified Jesus Christ, they were
the anti Christ. I can go on and on. i
have always pondered on these issues, until one day while reading the Quran I stumbled
on a verse that said, that no man should judge any other man on his religious
believes, only Almighty God would be the judge over that which we differ.
Its based on
this that I do not judge others and their religious beliefs, I mind my
business. I don’t even share my views unless my opinion is sought and I do it
as politely as I can. I always pray that people don’t bring such topics to my
doorstep, because i could be so blunt. I speak on my religious beliefs, but I
restrain myself to my belief and those
that believe in my faith, without crossing boarders. I wish we all live like
this; I wish we stop fighting one another over nothing. I pray we stop the
hate, stop the bombing, stop the killing, stop the abusive words. Allow those
who convert from one religion to another to freely practice what they so
desire. No matter how much you desire to have people practice your religion,
you cant convert the whole world into your religion. God is watching us from
above, and I believe angry at what his creation (Humans) have turned earth
into, a battlefield of words and negative energy. I pray that God opens our
hearts to love one another more sincerely, irrespective of our respective
religious beliefs. God
bless u all!
Monday, August 5, 2013
AL MUSTAPHA’S CASE: JUSTICE DELAYED.
AL
MUSTAPHA’S CASE: JUSTICE DELAYED.
Have
you heard of the Slogan ‘Justice delayed is justice denied’! that’s how best I wish
to describe the Al Mustapha’s case. A lot of people are moaning and angry about
the final decision of this case. My God, the man walked out of the court room a
freeman after over ten years of trial. Honestly I am shocked that people are
angry. Al Mustapha’s case is simply a reflection of the rot in our judiciary and police system. A man commits an offence, or is accused of committing an offence, he is
arrested, charged to court, and for one year, trial has not commenced, the
court keeps adjourning the case, the witnesses are not available, you have to
constantly look for them, the Investigating police office (IPO) who is also a
witness is never available, he may be on police academy course today, or tomorrow, he is on
transfer to another state. When the IPO finally makes his appearance, then the court
discovers that there is no sufficient evidence, while we are trying to sought
out the issue of evidence, the judge is transferred to another state or court,
sacked or retired, then a new judge steps in and the case starts afresh. Then we
go back to the same delay tactics, adjournment upon adjournment. When its time
to give evidence, there is no more evidence, reasons not far fetched, the IPO
in the first place did not do proper investigation, no proper records, the ones
in the cold room went bad because no constant electricity to keep them in their
original form, or maybe Boko Haram, bombed the police station were the records
were kept, or the record room got burnt and the fire service could not get there
on time to put off the fire, or fire service had no water to put off the fire,
so all evidence were lost. While all
these are happening, time is going, guilty or not guilty man is still in
prison, on the awaiting trial list. While we are still on trial, the judge is transferred
again, this time, the case is half way gone, so the lawyer for the accused may
apply that the matter be transferred to the new court where the judge has been moved to, that may take another year before approval is granted. That’s how
people waste time in our courts. Finally its judgment day with little or no
evidence, the accused or defendant is found not guilty, discharged and
acquitted. Our judiciary/ police system is sick and in dying need of rehabilitation,
though some states are improving we still have a long way to go. That’s why Al Mustapha
walked out of the court and prison a freeman, no evidence and no proper
investigation. My heart goes out the innocent men and women rotting away in our
prisons.
By: Halima Musa-Bakwunye
WIKIPEDIA:
“Hamza al-Mustapha was the Chief Security Officer (CSO) of General Sani Abacha,
military head of state of Nigeria from November 1993 to June 1998. After
Abacha's death he was arrested and tried for murder and attempted murder of
Kudirat Abiola. On 30 January 2012, a Lagos High Court sitting at Igbosere
convicted Major Hamza Al-Mustapha over the murder of Kudirat Abiola, the wife
of the acclaimed winner of the June 12, 1993 Presidential election, Chief
Moshood Abiola. He was also sentenced to death by hanging but was discharged
and acquitted of the crime by the appeal court, Lagos division on Friday, July
12, 2013. The appellate court said there was not enough evidence to incriminate
Al-Mustapha in the murder of the Late Kudirat Abiola. On 12 July 2013, The
Court of Appeal in Lagos discharged and acquitted Hamza Al-Mustapha from the
murder of Kudirat Abiola. The verdict overturned that of the Lagos High Court
which sentenced him to death by hanging. The presiding judge, Justice Rita
Pemu, accused the lower court jude, Justice Mojisola Dada, of being ‘‘stroked
to secure a conviction by all means.’’ Consequently setting Al-Mustapha free.’ Extracted
from WIKIPEDIA
Wednesday, July 31, 2013
COURT 10: TALE OF MY NARROW ESCAPE!
COURT
10: TALE OF MY NARROW ESCAPE!
I
have always believed in adequate preparedness when it comes to court matters
and trials, but on Wednesday in court 10, I was caught off guard. At our last
adjourned date, the complainant, was not in court, infact he has never been in
court, because he is the ‘ oga at the top’ who decided to deal unjustly with my
client. This made the magistrate really mad, how can a man who calls himself a
honourable at the House of Representative, make a mockery of our court system,
why would he instigate a criminal case against the defendant and for close to a
year never appear in court. It couldn’t get any better, this was icing on the
cake for me, so I immediately ceased the opportunity to humbly ask that the
matter be struck out. The magistrate was in agreement with me, but refused to
strike out the case, on the grounds that she was going to give the complainant,
one more chance to make himself available in court. if he was not in court
at the next adjourned date, then she would gracefully strike out the case.
So
my client and I went home, confident, that ‘Oga at the Top’ wont stoop low to
appear in the magistrate court, and also considering the fact that my client
was set up, and unjustly charged for an offence he never committed. So you can
imagine my surprise when on Wednesday, we got to court only to discover that
the Magistrate had been transferred and that a new magistrate appointed. The
implication of this is that the matter would start ‘de novo’ afresh. I was
thrown a bit off balance. As expected the complainant was not in court, the
prosecutor, claimed that he was part of the team, reviewing the constitution (
a big lie, because of Ramadan( month Muslims are fasting), all members of House of
Representative and Assembly are on recess) but he however had one witness in
court the Investigating Police Officer (IPO).
The
charge was read out to my client again, he pleaded not guilty before the new
Magistrate, and I adopted the former bail conditions, that were granted by the
former magistrate. The prosecutor requested that we commence trial, i did not
object, I felt I had all the materials to deal with a trial, the case was
thereafter stood down for trial, we went on recess to resume in an hour.
It
was during the recess that reality struck, because I was so confident that
there would be no trial, I did not check the law books, and laws I had carried.
The only evidence against my client was his hand written statement, which was
gotten by force and duress. Whereas I had my evidence Act , I did not have the LAW
ON CRIMINAL JUSTICE ADMINSTRATION IN THE HIGH COURTS AND MAGISTRATE COURTS OF
LAGOS STATE AND FOR OTHER CONNECTED MATTERS . Section 3(2) states that a lawyer
must be present when a defendant makes a voluntary statement, I was heavily
pregnant, when he made that statement and my Associate who was suppose to
represent me, was far from him when he wrote his 10 page statement. (please
never write a lengthy statement in the police station, a page is ok, preferably
half a page).
Any
way trial started, and the IPO, was invited to the witness stand and he took
his oath with the holy bible. The Prosecutor started his examination –in-
chief, and I just liked the IPO’s response, good for my case. Then the
prosecutor brought my client’s statement to be admitted as evidence in the
case. I stood up to object, relying on the Evidence Act, which I had with me,
which says that a voluntary statement gotten by force or duress by a person in
authourity would not be admissible, then I made the brave attempt of citing the
law which I could not provide to the court. Very embarrassing but brave, I
could not cite the name of the law, I knew it was Section 3(2), I knew the
content, I was mumbling words, the magistrate, was flashing the law at my face,
but definitely could not help me out and no other lawyer had the law in court.
LOL!
Well
the magistrate was kind enough to give me one week to provide her with the law,
and kindly adjourn the matter for ruling. That’s the tale of my narrow escape. Any
way the law has been sent to the court, by my secretary and I am praying for a
favourable ruling at the next adjourned date.
Words
and Meaning.
1. Ruling:
a ruling is like a mini judgment, given by a magistrate or judge to clear any
issue that arises during a matter in court.
2. Oga
at the top : ‘Pidgin English’ , phrase means a person in authourity.
Sunday, July 28, 2013
ANNUAL FREE ON-LINE LEGAL CONSULTANCY SERVICES.
MUBAK LEGAL
CONSULT: ANNUAL FREE ON-LINE LEGAL CONSULTANCY .
Mubak Legal
Consult, is a law firm registered in Lagos State, Nigeria. Once in every year,
Mubak Legal Consult, renders free legal consultancy as its community service. This
programme would last only for a week commencing from 29th July 2013
to 4th August 2013 . You can participate by sending your questions via my box on facebook, or our email address @
mubaklegalconsult@yahoo.com. You
can also follow me on my blogs, Diarynigerianlawyer.blogspot.com,
mubaklegalconsult.blogspot.com, mubaklegalconsult.wordpress.com
We cover the
following areas of law.
1.
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2.
Property law(Landlord
and Tenant)
3.
Criminal law
4.
Family law.
5.
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property.
We assure you
that, any communication with our firm is confidential.
FOR: MUBAK LEGAL CONSULT
Halima Musa-Bakwunye (Mrs)
+234 8027289483
DREAMING!
DREAMING!
I love to dream, its one thing that no one can take away from you or inter fare with. just you in your own world projecting your life the way you want it. its a way of planning ahead, within your self, no limit to your dreams, you can picture your life just the way you want, make prophetic plans, and see them actualized. these days i prefer to just withdraw to myself meditating, so interesting to know that i have so much space, to express my inner most thought, wishes and plans.
we have so much to be grateful to God for. He has given us the ability to THINK FOR OURSELVES and TO DREAM, rising us above all other things He has created. God created the ANGELS, ANIMALS, AND MAN. But only man has the ability to 'reason' before making or taking a decision.
life for me is a dream, and i am grateful to God for this gift, my family, and my career.
Godbless
I love to dream, its one thing that no one can take away from you or inter fare with. just you in your own world projecting your life the way you want it. its a way of planning ahead, within your self, no limit to your dreams, you can picture your life just the way you want, make prophetic plans, and see them actualized. these days i prefer to just withdraw to myself meditating, so interesting to know that i have so much space, to express my inner most thought, wishes and plans.
we have so much to be grateful to God for. He has given us the ability to THINK FOR OURSELVES and TO DREAM, rising us above all other things He has created. God created the ANGELS, ANIMALS, AND MAN. But only man has the ability to 'reason' before making or taking a decision.
life for me is a dream, and i am grateful to God for this gift, my family, and my career.
Godbless
Friday, July 26, 2013
DIARY OF A NIGERIAN LAWYER: MOTHERHOOD AND LEGAL PRACTICE
DIARY OF A NIGERIAN LAWYER: MOTHERHOOD AND LEGAL PRACTICE: OH LORD NOT ENOUGH WORDS TO SAY THANK YOU! Motherhood and legal practice; not an easy mix but i must confess that Motherhood has bein...
MOTHERHOOD AND LEGAL PRACTICE
OH LORD NOT ENOUGH WORDS TO SAY THANK YOU!
Motherhood and legal practice; not an easy mix but i must confess that Motherhood has being the most humbling experience for me. the first three months after the birth of my child, was a period i tagged as adjustment time, i had to adjust to the reality that my time was no longer for only me and my hubby, i now had a third person to worry about, share my space with and my time. i dont think i ever rested , it was my son, my school work and a bit of legal practice ( just verbal legal advice and drafting of documents). for my clients they had no issues, and i am ever grateful to my clients, who understood that i could not go to court and also thankful to my colleagues and associates who stood in for me for those court cases, that could not be suspended.
i must add that for
the first time in my life i appreciated being a self employed lawyer. Its a
blessing for me to be able to work, care for my family and at the same time,
have ample time for myself. Motherhood is a blessing, from God. My Nnamdi has grown so big, now eight
months plus, sleeping peacefully on one arm, as i type with the other hand. Oh Lord
not enough words to say Thank you.
Monday, December 5, 2011
who killed Major Nzeogwu?
WHO Killed Major Nzeogwu?
MAX SIOLLUN
Tuesday, August 4, 200
A GRIM ANNIVERSARY
NZEOGWU IN PRISON
For his role in Nigeria's first military coup, Nzeogwu was imprisoned by the military regime of Major-General Aguiyi-Ironsi at the notorious Kiri-Kiri maximum security prison in Lagos. His co-conspirators were also initially detained there but many of them were later moved to prisons in the Eastern Region: including Majors Ifeajuna (Uyo prison), Ademoyega, Onwuatuegwu (Enugu prison), Captain Gbulie (Abakaliki prison), Major Chukwuka, Captain Nwobosi (both Owerri prison). Nzeogwu was the only officer among the plotters that was moved to Aba prison. After Ironsi was overthrown in July 1966, Nzeogwu remained in prison until he was released in March 1967 by the Eastern Region's Military Governor Lt-Colonel Ojukwu.
NZEOGWU’S RIFT WITH OJUKWU
However after his release his activities were curtailed. He and Ojukwu did not see eye to eye.
Nzeogwu was never enthusiastic about secession. As late as 1967 he articulated in an interview with Dennis Ejindu his view that:
“secession will be ill-advised, indeed impossible. Even if the East fights a war of secession and wins, it still cannot secede. Personally, I don’t like secession and if this country disintegrates, I shall pack up my things and go. In the present circumstances, confederation is the best answer as a temporary measure. In time, we shall have complete unity."
The interview did not go down well with Ojukwu and Nzeogwu’s words to Ejindu were the last official statements attributed to him before his death. Relations between Ojukwu and Nzeogwu deteriorated further as Nzeogwu made no secret of his desire for a united Nigeria. Even though war between Nigeria and Biafra was imminent, in April 1967 Nzeogwu was suspended from all military activities by Ojukwu. The immediate pretext was Nzeogwu’s involvement in a battle simulation military training exercise in Abakaliki and other towns in the Eastern Region. Recalling that Nzeogwu had turned the night time training “Exercise Damissa” into a full blown coup the previous year, Ojukwu banned all such further exercises. Relations between Ojukwu and Nzeogwu got bad enough for Ojukwu to consider putting Nzeogwu back in prison.
In a June 17, 1967 letter to his friend Olusegun Obasanjo, Nzeogwu confessed:
“You have no doubt heard a lot of rumours about my relations with Ojukwu. We obviously see things quite differently after what he did to my supporters in January 1966. He is also worried about my popularity among his own people. I was to be put back in prison, but he was afraid of repercussions. Right now I am not allowed contact with troops nor am I permitted to operate on the staff. One gentleman’s agreement we have is that I can carry on with what ever pleases me.”
Amazingly even at this late stage, Nzeogwu was still entertaining fantasies of Nigerian unity and reintegrating the Nigerian army:
“I will create a new Nigerian army inside Biafra!! With Igbo, Hausa, Yoruba and all other ethnic groups.”
Nzeogwu inspired and frightened with equal measure. A personality cult bordering on hero worship grew up around him in the Eastern Region and he was being feted as an immortal indestructible warrior. Although Ojukwu gave Nzeogwu the Biafran rank of Brigadier, he was not given any formal command in the Biafran army.
Despite not officially being part of the Biafran army command, Nzeogwu was not the type of character that could remain idle. His impulsive nature and rebelliousness towards superior officers has been documented. Lt-Col Patrick Anwunah went so far as to describe Nzeogwu as:
“a radical and an inwardly insubordinate young officer…..(who was) full of his own ideas and probably thought he had the answers to all problems. His statements and comments at that time gave me the impression that he could become insubordinate as he had no regard for senior officers.”
Frustrated at his exclusion from military duties, Nzeogwu took to informal ad hoc guerilla raids against the federal army. He would impulsively conscript other soldiers to join him during these raids. It is not certain that these raids and conscriptions were authorised by Ojukwu.
Nzeogwu was admired and feared in equal measure. He was admired for his intelligence, warmth and charm. He was feared because of his suicidal courage. Junior Biafran foot soldiers were reluctant to be conscripted by Nzeogwu. Conscription by Nzeogwu meant being taken to the front line and faced with grave danger. Nzeogwu was brave enough to cross behind enemy lines, carry out reconnaissance and engage the federal army in close quarter combat. In late July 1967, his courage took him a step too far.
THE DEATH OF NZEOGWU
Nzeogwu had gone out on a reconnaissance mission in the Nsukka sector. He was travelling in an improvised armoured vehicle (known as a "Biafran Red Devil") that had been converted by the ingenious Biafran engineers from a Bedford truck. The vehicle was cumbersome despite its impressive ingenuity. The vehicle became immobilised and was surrounded by federal troops of the 21st battalion at a roadblock near the University of Nigeria Nsukka campus. The troops were led by Captain Abubakar Gora, and they opened fired on it. The vehicle's improvised armour withstood their bullets until it was attacked with the fearsome 106mm recoilless rifle which pierced its body. Ironically, the 106mm recoilless rifle was the same anti-tank weapon that Nzeogwu and other soldiers used in January 1966 to attack and destroy the official lodge of the Sardauna of Sokoto.
At this point, the accounts diverge. Olu Mamdap (former military driver to General Domkat Bali) witnessed the incident and claims that Nzeogwu and the other “two or three” occupants in the vehicle were killed while still inside the vehicle. Mamdap claims that it was not known that Nzeogwu was inside until the corpses were dragged out.
However Major-Generals Mohammed Shuwa and Abdullahi Shelleng (who were not present when Nzeogwu was killed but saw his corpse) claimed that while being fired on, Nzeogwu jumped out from the vehicle, shouted in Hausa and identified himself as Major Nzeogwu but was shot dead anyway. Ojukwu's mixed race half brother Tom Biggar was also killed along with Nzeogwu. Biggar was the child of Ojukwu’s mother with a European named Biggar.
Nzeogwu's corpse was identified by Lieutenant Abdullahi Shelleng who ordered that it should be stored firstly in the University of Nigeria campus at Nsukka. However, by the time Shelleng arrived, Nzeogwu's eyes had been plucked out in what appears to have been a ritual mutilation. According to Shelleng the soldier who shot Nzeogwu was ironically Nzeogwu's former batman. The corpse was later sent to 1 division headquarters in Makurdi where the 1 division commander Colonel Mohammed Shuwa informed the head of state Major-General Gowon. Despite the fact that Nzeogwu was now technically an enemy soldier killed in combat against the Nigerian army, Gowon ordered that Nzeogwu's body should be flown to Kaduna and buried with full military honours – even as the war raged on in the Eastern Region.
Even in death, Nzeogwu was still respected by federal and northern troops. Domkat Bali referred to him as:
“a nice, charismatic and disciplined officer, highly admired and respected by his colleagues. At least he was not in the habit of being found in the company of women all the time messing about with them in the officers mess, a pastime of many young officers then….we believed that he was a genuinely patriotic officer who organised the 1966 coup with the best of intentions who was let down by his collaborators….If we had captured him alive, he would not have been killed. I believe he probably would have been tried for his role in the January 15 coup, jailed and probably freed after some time. His death was regrettable.”
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