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Tokode: Forensic lawyer with forte in commercial practice

Published by Guardian on Tue, 11 Sep 2012


WHEN asked the secret of their success, outstanding lawyers are usually quick to say law is their lives. Late Chief Gani Fawehinmi (SAN), is an archetype of those in this group. Now, Fawehinmi has gotten a progenitor in Barrister Olusegun Olayinka Tokode. Tokode lives and speaks law. He loves the profession so deeply that he vowed to sacrifice his life to see to the improvement of the profession.He said: 'My interest in life is to work for law and develop law, even if my children do not read law. Law is part of my blood and I don't think I can do any other thing in life other than legal practice'.This assertion describes in clear terms Tokode's love for the profession, which interestingly, he entered into by an act of providence. In fact, he was already aiming to become an accountant ' a profession his elder brother so much wanted him to pursue. But somehow, he wriggled out.What Accounting profession lost, Law gained. As a legal practitioner, he has grown to become a consultant, advocate and solicitor. Tokode has also represented many clients in several high profiled transactions at all levels of judicial administration in Nigeria. He has also given legal advice in the matters of Companies and Allied Matters Act 1990, Laws of Federation of Nigeria with specific reference to the following: Scheme of Arrangement with Creditors in the matters of Maxyield Finance and Securities Ltd, Winding up proceedings in the matters of: Solomon Adesujo Vs Robert Johnson Nigeria Limited, Wemabank Plc Vs Megavons Nigeria Limited.A cerebral lawyer, Tokode as a facilitator has presented many papers on the Legal Aspects of Equipment Leasing at various seminars for bank executives, company directors and legal officers from 1996 to 2008.He co-authored and edited the Law and Practice of Corporate Governance in Nigeria (Essays in honour of Dr. Christopher Kolade, CON, Nigeria former High Commissioner to the United Kingdom (1999 to 2005).He has also represented his clients in the matters of strategic alliances, partnerships and joint venture agreement in oil and gas industry. He is an authority in Alternative Dispute Resolution (ADR).His other areas of expertise are legal documentation of contract agreements, preparing and/or vetting of international business contracts, including investments and transactional agreements, property and real estate transactions, corporate finance and investment agreements, mergers and acquisitions, project finance, legal due diligence and audit, company secretarial and corporate governance, conveyancing and commercial property development, energy and aviation transaction agreements, capital markets and venture capitaland post investment procedure.Tokode has been involved in the various aspect of equipment leasing, comprising of expression of interest, negotiation, drafting, review and perfection of all types of contracts, including contracts and documentation relating to aviation, shipping, consumable items such as aircraft purchase and lease agreements service contracts, supply and installation contracts and technical support agreements.Other legal services he has been involved include providing advice on and implementation of all forms of project structuring and financing, including acquisition of assets, joint ventures merger, demergers, co-operation, arrangements as well as reviewing all relevant national laws and regulations, treaties (bilateral, multilateral treaties) and agreements.The last child in the family of 11, and five wives, he was admitted to the University of Benin to read Economics andStatistics, but as fate would have it, he changed his course of study.'A friend I met during my 'A' level days, who was then at his 200 level Law with the current governor of Lagos State influenced me to change my course and today, I am satisfied with it without any regret', he said.'I soon discovered that I was not really cut out for numerical course. So I made up my mind to pursue a career in the legal profession. I took the Joint Admission and Matriculation Board Examination (JAMB) again and as God would have it, I was admitted to read Law in the University of Lagos. I have no regret since I made that decision. So, it was really an act of God', he narrated.Today, Tokode, who started his legal practice from scratch by going the whole hog in the practice, recently celebrated his 50 years and 23 years of practice.He carved a niche for himself and became a household name in corporate and commercial matters. He is also vast in general practice, having acquired experience over the years.During the course of his practice, he considers two cases he handled as the most challenging and demanding because of the time and labour he dispelled in handling them and the threat to his life during these matters. One of these was a commercial case involving three young men that came together to float a company, but along the line one of them felt threatened and decided to pull out of the company, but the company refused to give him his entitlements. Through his astuteness and advocacy skill, Tokode got judgement infavour of his client after the company did everything possible to frustrate the matter both at the lower and the appellate courts.He also handled a land matter at Ikorodu, where a family sold land to a group of people, but resold the same land to other people.At the course of handling the matter, Tokode's life was in serious danger as a result of threats from landowners known in local parlance as Omoniles.At every court sitting, the Omoniles, who thronged the court in their numbers threatened to deal with him if he did not withdraw from the matter. At a stage they even sent emissaries to his family to ask him to withdraw from the case, but because of his belief in the veracity of that matter, he persevered and at the end of the day got judgment in favour of his clients.The Modakeke-born lawyer is presently advocating for reforms that will raise commercial practice in Nigeria. He believes that if cases linger, it might hamper commercial activities in the country. 'Our reforms are not dynamic because after 20 years, the courts are still using CAMA despite the noticeable flaws, whereas between 1990 and 2000, Britain has reformed her company laws more than three times', the forensic lawyer said.An associate pastor with the Foursquare Gospel Church, Tokode's only regret was that the legal practice is not developing as fast as it is in other climes and that laws are not being enforced in order to discourage people from breaking them.He said: 'I want a situation whereby there is respect for our laws. I want to go to court and discover that I will get judgment according to my advocacy and industry that I put into it. A lot of things are going on that is uncomplimentary to the practice. Lawyers delivery should be more advocacy-oriented, than whom you know.'Born to late Pa Paul Tokode and Madam Abigail Alake Tokode of Modakeke town in Osun State on June 21, 1962, young Olusegun attended Modakeke High School, Osun State between 1975 and 1980 for his WASC/GCE O/L. He later proceeded to Oyo State College of Arts and Science between 1982 and 1984 for 'A' level. Upon successful completion of 'A' level, he gained admission to read Economics and Statistics at the University of Benin. But while in University of Benin, he sat for Joint Admissions and Matriculation Board Examination and was admitted in 1985 to read Law in University of Lagos, Akoka. He graduated in 1988.Afterwards, he enrolled in Nigerian Law School, Lagos between 1988 and 1989 and was called to Nigerian Bar in 1989.At present, Tokode is doing his Masters at the University of Calgary, Canada.He became a member of the Nigerian Bar Association (NBA) in 1989, member, Chartered Institute of Arbitrator (UK) in 1997 and was made a Notary Public of Nigeria in 1997.Tokode also belonged to many professional bodies. He is an Associate member, Equipment Leasing Association of Nigeria, council member, Business Recovery and Insolvency Practitioner of Nigeria (BRIPAN) and member, Insol International.Before establishing his law firm, Olive Chambers in November 1992, he worked at Joe Ujomu & Co., between December 1991 and 1992, Wale Ilesanmi & Co. between October 1990 and November 1991. He was also counsel in Chambers and Assistant Editor at Deji Sasegbon and Company, Barristers, Solicitors and DSC Publications (Publishers of The Nigerian Supreme Court Cases) between October 1989 and September 1990 for his National Youth Service Corps (NYSC).His first legal pupilage was at T. Goke Akinrotimi Chambers, Modakeke, Osun State between July 1987 and September 1987.Before his university education, Tokode worked as a clerical officer at Obafemi Awolowo University, Ile-Ife between 1981 and 1982, rising to the position of Senior Assistant Registrar (Admissions).He taught briefly at Okuu-Omoni Grammar School, Ile-Ife between 1980 and 1981.A very social and active student during his days at the University of Lagos, Tokode was a member of the Man 'O' War organisation at the university, retiring as an adjutant general.Even though he was not actively involved in students unionism,he was in the student disciplinary committee of the university on the account of his membership of Man 'O' War, from his first year till he finished.Tokode's hard work, integrity, industry and honesty can easily be traced to his parents, especially his father, who built the first secondary school in Modakeke and three major primary schools in Modakeke town today.Tokode is married and blessed with three children.
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