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Office Lives: Kola Alapinni, Senior Partner, Business & Human Rights Attorneys

Kola Alapini

Kola Alapinni is an international human rights lawyer passionate about business and human rights advocacy. He is a graduate of law from the University of Ibadan, and he also possesses a Master of Laws degree in International Human Rights Law from the University of Essex.

He is an avid believer in equity and religious freedom. He was the leading counsel to the legal team that quashed the conviction of a minor from a 10-year imprisonment term. He was also the leading counsel that got Nigerian Sufi musician, Yahaya Sharif-Aminu off the death penalty sentence at the Sharia Court in Kano, Nigeria.

“Particularly, the UN and the US embassy have asked, “what did you do differently? And “how did this case get here in two years”.

We did not try to be heroes, standing in front of TV cameras‌. If you put in your best quietly, your work will eventually speak for you.”

Where did you study law, and what led to the decision to study law and not engineering?

Since my secondary school days at Government College, Ibadan, I have always wanted to be a lawyer. I had a natural affinity for art and so excelled in English Literature. However, there was no one to champion what I loved and wanted to pursue. At home, my father wanted me to become a doctor. Historically, Government College emphasized the sciences and marginalized the arts. As students, we had no awareness of any alumni who went on to study Law at the time. Professor Wole Soyinka, Prof. Femi Osofisan, T.M Aluko, Dr. Bode Sowande were the few alumni we knew in the arts. We were only exposed to Professors of Medicine and the Sciences.

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I did not like the sciences because I struggled to in Mathematics, Physics, and Chemistry. Unlike English Literature, English, History and Geography which I easily passed with minimal effort. In Form 3, Mr. Olaitan, my English Literature teacher, got to learn that my father wanted me to study medicine contrary to my choice of Law. He decided to speak with my dad, who declined furiously. Mr. Olaitan took the matter up with the school’s then Guidance Counsellor, Alhaji Oke, but they were not able to persuade my dad.

I resumed Science Class in Form 4.  I was required to take the five compulsory subjects, Mathematics, English Language, Physics, Chemistry, and Biology, while I took up some Arts courses and  English Literature, to make up those 9 subjects. I resolved; that if I did not excel in the Science courses, I had the Arts to rely on to gain admission into the University. When I filled in my JAMB form, my choice courses of study were Law and Mass Communication, contrary to my dad’s expectations. My dad was understandably upset and disciplined me. He also reported me to my Uncle, who was the first person to champion my cause when he learned that I wanted to study Law out of passion. He pledged his support to me but insisted my salvation was in my hands, and I was left to prove everyone wrong.

I suspect my dad was trying to live his dream through me. He was an accountant in the Civil Service. Since he refused to help with my admission process, I knew I was alone. I applied to the Federal Polytechnic, Bida; they had received a $25 million grant at the time, and part of their goal was to overhaul their Mass Communications department. Unfortunately, the department had its accreditation withdrawn initially. They were trying to get this reinstated at the time.

I applied to the University of Jos.  I performed very well in my JAMB exams. Hitherto, I had tried to study in the South. That year, English posed a problem. It was my strongest subject but JAMB canceled English for all candidates. So, back to my story at the University of Jos, fortunately, I ran into a staff who was interested in my issue. She pushed my case at the Faculty, and I finally got admission to study Law in late 1992. However, sometime in May 1995, I was involved in an accident that brought my father to my hospital bed in the North. There was the probability of my legs becoming amputated. Eventually, after the accident, I could not keep on shuttling to Jos for school. I had to transfer to the University of Ibadan to be closer home,  and by divine providence, I was granted admission to continue from the 300 level.

How did you enjoy your early years in practice?

My initial exposure to litigation in Nigerian courts was during the compulsory Law School internship; the Court and Chamber Attachments. I did not like the courtroom atmosphere, the appearance of lawyers which differed vastly from what we saw on tv. The long adjournments. Litigants were unhappy. How can someone bring a case to court, and the judge listens for just 45 minutes and then adjourns for 6 months?

Furthermore, I lacked mentoring, being the first lawyer in my family. I resolved I was not going to practice litigation and so, immediately after Law School, I applied for and got a scholarship to South Africa.

The scholarship was centered around Human Rights and Democratisation in Africa. That ushered my first forage into human rights and exposed me to the international crime tribunal scene. That reinforced the desire I had always nursed – I wanted an international career and nothing to do with Nigerian courts. It’s impossible to see law practiced at the UN Court System and settle for less. We explored the Rwandan genocide and my vision transcended beyond Nigeria right away. I received the right mentorship at the international level.

I spoke to people who could help get into the UN Court system. They told me that one can only rise to a certain level and wait for nomination by your home country. One of the most important requirements for nomination is that one must have done national service. Thanks to the advice I received from some Nigerians at the UN, I returned to Nigeria, and did my compulsory one-year national service, serving with the Nigerian Army in Benue State, Nigeria.

What happened after your national service year?

I headed to Ibadan grudgingly, and of course, I had a goal to leave the country eventually having tasted the international law life. My ultimate goal was to work in the International Tribunal. My first job was as a Law Editor for the New Age Newspaper in Ibadan. So, I ended up in journalism again. Remember, I studied Mass Communication in Bida so my studies suddenly became useful.

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One of the top stories I covered was the trial of the former Deputy Governor of Osun State, Iyiola Omisore when the former Attorney-General of the Federation, the late Chief Bola Ige SAN was murdered. It was a fantastic opportunity for me as my stories were always on the front page. My dad was also happy anytime he read the papers because my name was always featured. I worked there for three months and wanted more because I set a benchmark for myself. The newspaper’s law page was not performing well. They wanted me to bring in something revolutionary. Publishing days were on Thursdays but I moved it to Tuesdays to coincide with the Guardian and ThisDay to make it a competition. From one page, we increased to four pages and eventually to a centre spread, all in one month. By the third month, I started craving more because of my interview with Chief Afe Babalola.

I did not know he was the lawyer to the then Alaafin of Oyo, Oba Lamidi Olayiwola Adeyemi III. He asked me, “Do you know who your ancestors are?” I answered, “Yes, we are Oyomesis.” Next question was, “What are you doing with a newspaper?” ‘I said I am practicing and writing law.’ He further said I did not know what to do with my law degree. I interviewed him about two times, and after the interviews, he would gift me money, and we would talk about diverse issues. Still, I had no desire to practice law in Nigeria because of the trauma from my court attachment. It affected me deeply, and I did not want that for myself. I wanted financial security. Then, Afe Babalola was the highest-paying lawyer in Ibadan. He was paying N20,000 to his youngest lawyer in 2003. This salary came with a flat and a car.

Around the time, I had an interview with Chief Akin Olujimi SAN when he became the Attorney-General. I was the first person who broke the story that Gen. Babaginda had gone to court and that Oputa Panel reports on Human Rights Violations will never be released. Chief Olujinmi informed me they would never be released because there was an injunction obtained against the government.

By providence, I came across a job advert in the Guardian newspaper by United GeoPhysical, a British-Nigerian Company. They had operations in the Niger Delta and, so, were recruiting young lawyers between the ages of 28 to 32. Since I fit the bill, a 28-year-old lawyer fresh from law school, I applied and received a call back for an interview.

I had studied both Environmental Law and Oil and Gas Law. I also had knowledge about Ogoni rights. On resumption, I was first posted to Benin, where I spent 3 months. Then I was sent to our base camp in Mbiama, Rivers State. Sometimes, I could work in the three States of Bayelsa, Delta, and Rivers in one day. We would move through the River Nun up into the various creeks.  It was a fantastic experience.

What was your job role while you were there?

I was recruited as a lawyer and became a Claims and Investigation Manager in December 2003. In April 2004, I received a promotion to become the Assessment Manager. I was in charge of a budget of about N50 million then. We had to assess and compensate for damages that may occur during our operations. It was a mop-up exercise. The type that the Buhari government tried to do in conjuction with the Ministry of the Environment and the United Nations Environment Programme (UNEP). The daily budget for operations on the crew was about Fifty Thousand US dollars, then ($50,000) Thus, you were required to take the initiative and resolve issues before they snowballed into  substantial managerial problems. At UGNL you were thrown into the deep end, you either swim or sink.

The Nigerian mentality syndrome was not allowed to surface because we worked with the NNPC, a government institution. They would usually sit back and wait for things to blow out of proportion. Apparently, there was more to benefit if the situation blows out of proportion.

Unknown to me, the crew management noticed my work, and promotions came in. After that, I applied for a Master’s degree in International Human Rights in the UK. I did not complete my first Master’s degree in South Africa.  I returned to Nigeria for my NYSC programme. I criticized the programme because of how unfair their French assessments were. Also, that was my first time schooling outside the country, and I was amazed at how they championed LGBTQI+ rights. It was indeed a culture shock. This experience made me more tolerant of divergent issues more common with caucasians.

My time there influenced my decision to do my second Master’s degree at the University of Essex, the spiritual home of international human rights law. I gained admission here and was supposed to begin my studies in 2004 but since I was still occupied with work in the Niger Delta, I deferred my admission until 2005.

What was your experience like studying in the UK?

It was fantastic; I loved it. Like any other country, the UK is not perfect. However, it was phenomenal being taught by the Greats! You could be reading a law report at the European Court of Human Rights, and you would come across your lecturer’s name, who had previously handled the same case before the court. He is the one right in front of you tutoring you in a seminar class. How cool is that?

All the big names I had read in books in the past were my current teachers. It was great learning from them directly. Whenever I am in Colchester, I always revisit the school to relive old memories. I will be forever grateful for the exposure and what they have taught us.

What happened after your master’s degree?

I stayed back in the UK for a couple of years. I worked on a few projects at Clifford Chance. It was the biggest law firm in the world then. They were named among the magic circle law firms.  It so happened that  a British lawyer on holiday in Mauritius, discovered that the United Kingdom and the United States of America had stolen a whole country and used it as a military-like base. I think his name is Phillipe Sands QC, I can’t recollect correctly now. It’s been a while. The initial lawyer, Mr. Bernand Sheridan had passed away, so he revisited the case. At the time, they were on the lookout for young researchers, and I fitted in perfectly.

How did you get the job, and how did the experience contribute to making you the lawyer you are today?

This happened in the Olympic year 2012. They advertised for interns/volunteers, and two of my Cameroonian classmates got in. They informed me about the opening, and I sent in my CV. After the interview, I joined Clifford Chance. It was a pro Bono position, but I enjoyed working there. We were the only ethnic minorities on that floor.

Looking through those files I mentioned earlier was also eye-opening and an amazing experience. I learned that you could be a British passport carrier and not be British simply because you are a subject. Apparently, the indigenes of Chagos Island were displaced and sent to Seychelles and Mauritius. They applied for and got British passports and stormed London on a ship. They got deported. They were made to understand that being a British passport holder does not guarantee you can work in the UK. The case was a prime example of injustice at varying degrees. I was at the firm for a year until I met a Nigerian partner, Ken Iheanacho. I had previously e-mailed him introducing myself and asking him to be my mentor. We had a chat where he advised me to return to Nigeria as they were advisors to the Lagos State government on some projects. They also had a partnership with a law firm in Lagos and said it would be beneficial if I returned home. He gave me hope that big things were happening at home and I shouldn’t just think the UK was the end of the world. This was during the Jonathan years.

This came at the right time and it brought clarity. I prayed and fasted, got the go-ahead, and prepared to leave. I officially rounded off my one-year stint at Clifford Charms in 2013. I bought a one-way ticket to Lagos and started from scratch. Immediately after returning home, I focused on Business and Human Rights under Corporate Social Responsibility. With time, I noticed Silks had dominated most fields. Most companies would rather have Silks as their defense lawyers. Whether you studied overseas or you had invaluable skills, they were more interested in locking things up in litigation and employing the costliest lawyers in town.

Do you mean they are more interested in litigation than in improving their practice?

Yes. Who would fight against poor villagers. We had fire-brand lawyers, one of whom recently passed away. Lucious Nwosu was Shell’s nightmare. He would fight for the community for free. The community would eventually win millions and share the money. I saw the happenings at the time and knew I had to do something to survive, especially as I just returned from the UK.

My colleague, a bank staff member, advised me to diversify and return to Human Rights later. She furthermore advised me to register as the bank’s in-house counselor. I got in and was there for seven years. That experience was invaluable and I learnt a lot. It eased my going into court in Nigeria, and I also became proficient in Land Law and a good spotter of fake C of Os. I was also in charge of staff mortgages at that bank for years. My job prevented the bank from being hoodwinked by fake certificate holders and prospective loaners.

In 2020, two prominent cases fell into my lap. They allowed me to practice what I had studied, International Human Rights Law. Before the lockdown, I and persons of like minds formed a WhatsApp group on religious freedom. We noticed the flaws in the constitution as regards religious freedom and centred our calls and conversations around that. The COVID-19 lockdown increased everyone’s productivity and engagement, even in the group. After the lockdown was lifted, news circulated the country- a singer, Yahaya Sharif Aminu, was about to be killed in Kano for blasphemy. As an admin of the law school group, I had a formidable network of colleagues scattered across Nigeria. This was taken into account by the group we had formed on religious freedom and I was asked to take the lead and file the cases.

I got to work immediately and made the trip to Kano. I went in disguise and filed the appeal. Our manner of approach made the case international- we did things differently. For starters, one of Omoyele Sowore’s foot soldiers, was on ground to assist. I gave Sowore the scoop of the story as everyone was trying to file that appeal. The NBA tried to access the appellant but couldn’t because all access was blocked. Instead of approaching the Sharia Court for the transcript of the judgment, we went to the High Court to file the appeal. Typically, one cannot file an appeal without a transcript of the records from the Sharia Court. Once I filed the appeal at the High Court, the superior court requested that the Sharia Court send the records to them. This was what set us up for success. The jinx was broken. The Sharia court couldn’t stand in the way again.

Do the court processes allow you to do that?

Yes, the High Court sitting in appeal can request for transmission of records from the Sharia Court. Southern lawyers are unfamiliar with Sharia Law because we don’t practice it. Even Southern lawyers in the North barely delve into that area. We gathered knowledge in the field for that case. Hopefully, I will write a book on Sharia Criminal Appeal to guide lawyers in this area whenever they find themselves up north. We have sufficient experience in that area now.

While filing the appeal, I discovered the judge had sentenced two people that day. A minor was also imprisoned for ten years for allegedly saying something against the prophet.

I took things by the horn. I scanned the processes already filed and gave them to Sowore with an ultimatum. If he refused to publish them on his platform, I would give the story to the BBC or CNN.  Immediately I said that I got on the plane and switched off my phone.

By the time I landed, everybody had copied from his website, from Linda Ikeji to all the other bloggers. BBC and CNN were already looking for me. Before I knew it, my phone was blowing off the hook. I had to post on Twitter that the appeal had been successfully filed.

Kano residents were overjoyed. It’s a sad reality that not everybody in Northern Nigeria supports Sharia Law. However, they cannot express their disapproval. Ultimately, the Governor of Kano State Abdullahi Ganduje released a statement that they had received the appeal. The news was widespread.

How can a minor blaspheme?

That was the problem we had on our hands and why we got involved in the case. International news reported that the minor was a 13-year-old. That story became even bigger than the story of the 22-year singer. The court record said he is 30, but the press reported him as 22. These were the news sprawled across different online platforms, which was why we had to move fast. Thankfully, I was in Abuja, ‌a 40-minute flight away from Kano. I was the right person in the right place and came prepared.

The fact that I studied International Human Rights Law gave me extra knowledge most colleagues may not have been familiar with. Some blasphemy cases in the north are still stuck at the High Court or Court of Appeal. We were already approaching the Supreme Court in two years. I have received calls and inquiries on how our cases got heard do fast. Notably, the UN and the US embassy have asked, “What did you do differently? And “How did this case get here in two years”.

We did not try to be heroes, standing in front of TV cameras‌. They were very sensitive cases and you have to be emotionally intelligent. If you put in your best quietly, your work will eventually speak for you.

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CNN connected with me on LinkedIn and they did two stories. By the time the minor would be released from prison, I had given CNN the scoop. They did a visual, and it was widespread on Twitter. Never underestimate the power of Twitter. Almost ten newspapers covered the case in the UK. Some of which include The Sun and The Telegraph. We made the case go viral in the international space, and up till now, they are still being discussed at the British Parliament. Two weeks ago, they had a discussion on religious freedom at the British parliament.

What is this impact on your international career as a lawyer, and what is the next step?

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It had brought fulfillment to me. I was in the States thrice in five months. The US Commissioner on International Religious Freedom discovered I was in the States in March 2022 and the American Bar Association (ABA) flew me to Washington DC from Chicago. They were interested in our work and sort ways they could be of support. They eventually became our working partners. Then at the end of June 2022, I received two invitations. I had two speaking engagements at the International Religious Freedom Summit in Washington DC. These are the accompanying benefits of the job and those cases. For starters, the international recognition and the fact that the entire world is now focused on Nigeria and expects better from us.

We made a mistake when the former Governor of Zamfara State, Sani Yerima made a declaration of Sharia Law. It was a political construct, as that was the first time the North would be out of power for decades. It was the job of the Attorney-General of the Federation to have made a statement and gone to the Supreme Court directly to stop Zamfara State and by extension the Northern States. Sharia Law have always existed even before the merger of Northern and Southern Nigeria. With the amalgamation, the criminal justice aspect of the Sharia Law was done away with. An example is the stoning of people to death. The British would not allowed it nor would they allow the chopping of limbs of people. And it was so until 1999. It is even a violation of S. 34 of the Constitution of the Federal Republic of Nigeria. Sharia Law or Islamic Law is contained in the 1999 Nigerian constitution; BUT only as Islamic Personal Law, that is, Sharia Law as regards marriage, inheritance, and succession. The Constitution does not make provision for Sharia Criminal Law as being practiced in Northern Nigeria that is flogging people or lashes of cane, chopping off limbs or stoning people to death. It is a gross violation of our obligations under International Law and treaties which Nigeria signed up to, e.g. the African Charter, the International Convention on Civil and Political Rights (ICCPR), the Child Rights Convention (CRC) et cetera. This is what the case of  Yahaya Sharif Aminu Vs AG Kano State & Gov. Kano State seeks to establish at the Supreme Court of Nigeria (To be continued)……………

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