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InterActing better
Nuraddeen Ayagi
22 Apr 2008
A Nigerian advocate, under the influence of InterAction, found he could help a client struggling with a desperate case, helping this man win back his life, his wife - and a house to boot!
MY (POST) INTERACTION STORY
As a solicitor and advocate of the Supreme Court of Nigeria in active private practice of the law, I have, for the past four years, been engaged in litigating a personal injury case on behalf of an indigent client whose left eye had been plucked out tortuously and on whose behalf I have made a claim for compensation against the government of my state, which by a law in operation in the state, shall pay such compensation, even though it is not the culprit.
Provided only it is established (as we did in the case), that neither the culprit nor relations are capable of effecting the payment of the compensation to the victim. And although for me, litigation is like an enjoyable hobby, this particular one has not been a bed of roses; for one, it is against the government; for another the issues bordered on a barren area of law with no precedents to rely on and more importantly too, because my client was poor and the system did not favour the poor and by extension their lawyers.
But on, we pushed, ignoring all the so called realities and focusing on our new realities and vigorously pushing the boundaries of the law, albeit, with our weak hands, lean pockets but with novel and weighty legal points. Several times during this seemingly futile pursuit, many friends with legal minds and even interested bystanders have approached and advised me to circumvent the law, approach the authorities and beg for my client.
Day in court
Invariably, but politely, I turned down those suggestions. Vanity! One might say, but I had my reasons. I refused to bend due to the doubt I had with the fovernment’s sincerity judging from previous experiences and firmly held assumptions. The same government through top officials had stated that yielding to my claim would “open a floodgate of claims”. Consequently I insisted on having my day in court on my client’s behalf ready to slug it out with the government in litigation up to the Supreme Court.
And so, on the case dragged with no end in sight and with Ibrahim (my now one-eyed client) becoming poorer by the hour having lost everything in the course of his treatment during his ordeal. To add to Ibrahim’s plight, not long ago when the case was still going on, he came to me, close to tears and told me that he had been sued. This time by his wife of 26 years with 5 children who petitioned for divorce due to his inability to feed, clothe nor even shelter her and their children for the past five years.
Ibrahim did not blame her and neither did I. I could not do anything to stop Ibrahim from losing his family, but I told him to take heart and be patient. I pitied Ibrahim and tried to help him as best as I could even outside our counsel/client relationship, but listening to our “opponents” was what I would not do, not even for him. I was ready to tread the difficult path of justice on his behalf, though.
Reconsider
A few weeks after module 2 of the InterAction programme, an overture was made to me to, once again reconsider sitting down to discuss settlement with the government as the case had been overtaken by the press and apparently the government was not enjoying the negative publicity. This time around the approach was made through the judge himself who had so far failed to summon the courage to order the government to pay my client in spite of the abundance and clear legal provisions supporting that step.
Again, I was tempted to decline, but then I was a brand new me with better communication skills and learning to hold my assumptions lightly (or as lightly as possible). So I agreed to and actually sat down round table with the representatives of the government.
Sitting with them, for the first time in years, I listened with my head! I ignored my heart, which was begging to be heard out and to remind me of all the toil we went through due to their inability to settle my client’s claim in the face of convincing legal points and arguments. By the end of the meeting we had a laudable proposal to settle the claim.
Hope
“If only they were sincere”, I thought. However, in the spirit of appreciation, goodwill and good intent I thanked them and promised to meet them in court on the 9th of April when the proposal would be made a part of the court’s judgment and a deal sealed. I did not tell my client the details of our meeting partly because I didn’t believe the government meant it and was ready to honour what we agreed on and partly to spare him the agony of anticipation and the torment of unfulfilled promises and dashed expectation in case they failed. I only prayed that all those principles taught us at InterAction worked even in the good old legal parlance!
On the 9th of April 2008 I arrived court and Ibrahim was already waiting for me as he did for the past four years. He came ready to listen to another round of arguments on his behalf - arguments that would not buy him a loaf of bread, which, I believe, he was in dire need of. Today was the D-Day and the lawyer for the government who happened today to be the state Attorney–General was in court in person and accompanied by a flock of government lawyers of all shapes and sizes! With silent prayers to God to help my client, as his fate would be sealed today one way or the other, we entered courtroom. The end began when the Hon Attorney-General announced appearance for the biggest client in the state - the government. I announced appearance as Nuraddeen Ayagi for Ibrahim - a fellow commoner!
Standing up again, the topmost government lawyer said:
“.... having considered all that transpired in this case for years in trying to make the government compensate the complainant for his lost eye and in view of the law and upon consultation with the complainant’s lawyer, the government hereby offers the following to the complainant in settlement of his claim:-
(a) A residential house in an area of his choice for his and his family’s abode.
(b) The sum of N250,000(two hundred and fifty thousand naira) to help him resettle.
(c) A permanent and pensionable job with the government in accordance with his qualification and experience-
If the lawyer to the complainant agrees with this, I ask the court to enter it as a consent judgment and let the lawyer come with me to the Government House with the papers on Monday instant to process the payments etc. right away....”
Cried for joy
As this offer was much more than the N2.07 million we were claiming, I accepted after consultation with Ibrahim, my client. In fact Ibrahim cried openly for joy! I was moved to tears my self and many other people in court that day!
Ibrahim had never in his life dreamt of owning his own house. For four years he had been squatting with friends after his wife had left with the children for the village when he could no longer afford to pay the rent. Throughout the years of our legal battle for him, Ibrahim came to court penniless, hungry and on foot from a distance of miles. Now, however, Ibrahim owned a decent house, has regular employment after six years of joblessness. From that day, that Good Wednesday (at least to Ibrahim), Ibrahim got his life back - and with it, his wife!
All because I have learnt to listen, to appreciate, to focus, to reframe and to ............INTERACT better. But for these learnt skills I would have continued to (as I did for 4 years), blow all the legal grammar and jargons until the Kingdom comes with no result! And all pro bono.
In the final analysis I say unto God and myself: “ if this is the only thing I were to achieve with my Bar Certificate, I thank you O’Lord; I feel fulfilled and when I go to heaven for this (if You so wish), I shouldn’t go alone, I should go with COHORT4 -lock, stock and barrel and with the BC”.
AMEN!
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