It’s incredible defeating SAN in court without going through case file – Balogun

Chief Rafiu Oyeyemi Balogun was called to bar in 2001 and had 7 years pupilage at the chambers of the erudite and highly revered Mallam Yusuf Olaolu Ali in Ilorin after the completion of his NYSC programme. He went ahead to establish R.O. Balogun & Co. (Crystal Chambers) with the Head Office situated along Taiwo Road Ilorin. In this interview with ACTING EDITOR, MUMINI ABDULKAREEM, he talks about his most dramatic moment in court. Excerpts:
My best day in court was when I was invited by Chief Awomolo SAN, who was counsel to INEC in the Kebbi Election Appeal litigation around 2011. Then I was on my own, I just left my boss, Yusuf Ali, who was also involved but standing for the Governor of Kebbi State. Other SANs like Otaru represented our opponents who was challenging the result and asking the court to sack the Governor then. Chief Awomolo called me around 2pm and asked if I can join him in Kebbi immediately. I don’t remember what happened to my driver then, so I went to Kwara express to engage the service of a driver who drove me to Kebbi. We got there around 12 midnight with all the risks. When I met Chief Awomolo that midnight and asked him about the case file for me to study, he said I should go and eat and sleep that I have come a long way. The following morning when we were in court, being a serious matter, so many SANs were there and after they have finished their addresses, before it was time for Chief Awomolo to make submission on behalf of INEC, he was informed that his return flight to Abuja was ready. The next thing I heard from him was that Balogun, this is the file, best of luck. You are on your own now, me I am going. All my complaints about how would I be able to handle the case without having knowledge of the case file which I requested when I came fell on deaf ears. I was troubled for me to now face respected Otaru without anything. But I later summoned courage and saw there was a particular area maybe because of oversight Chief Awomolo failed to touch. After Otaru’s submission that INEC did not do the needful to file the necessary processes and that the Governor should be thrown out of office, I stood up and told the court that with respect to my learned SAN, He have forgotten he is asking the court to declare his client as the winner. I said it’s like a criminal case and the onus is on him to show the court that the election was not conducted as required by law, that the issue is accusatorial and that INEC need not say anything but for them to come and established that the election was flawed. In anything declaration, you cannot rely on the weakness of the other party, you have to prove your case. When I finish, the court was thrown into rowdiness and everybody was clapping for me and shouting my name. That was the first day I will receive such honour and praises in the midst of learned silks. I was so elated and when Awomolo heard, he was so happy and he prayed for me that I will be greater in life because I didn’t let him down, he called me from Ilorin to come and join him in Kebbi and I made it and I also made him proud and we won the case. So, although I have no time to go through the case file, but I was taking notes of what he was saying throughout our discussions and that is why you have to be hard working and prepared as a lawyer. That was takeaway from the episode.