A Beautiful mind …
Berthan Macaulay Jnr.,
a man who, in the most difficult of times, under a military junta regime, bravely stood up and successfully defended his rights against armed military personnel who robbed him because they thought they wielded power; (The State v Al-Gassim Jah S.C Misc App 1/94 [1995]);
whose formidable arguments materially exposed the gaps in our employment law regimes, laying the foundation for a holistic overhaul of the sector, (Jessie Roland Gitten Stronge v Sierra Leone Brewery (Civ. App. 7/79 (1980);
who resolutely and successfully defended entrenched constitutional rights to property when state actors unlawfully sought to take possession of private property under the guise of compulsory acquisition, (Sierra Leone Enterprises Limited v Attorney General and Ministry of Lands, Housing & The Environment S.C. 2/2005 (2008));
whose brilliantly crafted arguments provided the foundational basis and precedent on the timeframe for the enforcement of property rights (the law on Limitation) against unscrupulous claims founded on possession (Madam Mbalu Yillah v Mohamed Hedjazi SC. Civ. App 3/81 (1983));
whose erudite advocacy guided the firm establishment of the legal principles for the assessment of claims and award of damages, including circumstances when such can be granted in foreign currencies (Castrol Limited v. John Michael Motors Limited SC Civ App. No. 1/98 (2005);
who, beyond the courtroom, immensely contributed to law reform, particularly in the overhaul of our corporate laws, the legal profession’s regulatory regime and the Court’s rules of procedure;
In your hands, the law was more than science; you curated it into several artistic masterpieces beyond the cases noted above; even against hope, you stayed true to your belief, and you exuded a verve that defies the ordinary. I have always been fascinated by your calm elegance and gracious humility, with that smile that emojis cannot capture. You always filled the room effortlessly, making your point without fuss, leaving the other side wowing and reassuringly agreeing or conceding. I guess it goes with the notion that humans are life’s computers, you get what you put in; you represented the best of humanity, a different breed from a different era.
You had time for every generation. Your charming ability to recognise talent, to effortlessly nurture even from afar, your generosity with knowledge, always being available for stimulating arguments about the law and life in general, your value of industry, your respect for the other side’s view, even when you disagree, you
Prepared to concede when a strong and reasonable argument is made, is truly defining of your integrity, content and character; I guess all things considered in our landscape, these virtues kept you most relevant and respected till the end.
We got very much closer over the past couple of years, chiefly due to collaborations on public interest matters and working together on your forte, due diligence. Our young team is always seeking to surpass expectations. It is heartening and inspiring to hear from a beautiful mind, your statement,” you got kidneys, pap pap pap”. As I said to you a couple of weeks back, I leave your presence every time a better person, I just wish we had more time.
Thank you for your selfless generosity, always giving, never expecting anything in return. I know you are now at a better place, surrounded by love, where decisions or judgments that defy reasoning or laws that leave more questions than answers would no longer be a concern.
Your great company, our generation would sorely miss; we would be challenged to hold the line as you feared latterly, be it in commercial practice or in respect of fighting for respect of the rule of law, but with every effort we shall give it a cracker knowing it’s a process that is defined not just by the successes achieved, but by a commitment to progress filled with honesty, integrity and respect. Be comforted, we would always strive with strength and hope …
Till we pursue other truly collaborative efforts, rest well in Allah’s grace and shining light …
Oj