Legal publications necessary to strengthen judiciary, other arms of govt – Ebune
Barrister Josiah Ojochide Daniels-Ebune, is the publisher of Magazine, a publication on legal matters and related issues. In this interview, he speaks on the importance of such publications on the legal system and the administration of law, among other issues. Excerpts:
How will you describe the understanding of the legal system and processes in Nigeria?
To answer your question, it is important to first define what a “system” is. The Chambers 21st Century Dictionary, Revised Edition defines the word system as “a set of interconnected or interrelated parts forming a complex whole” and “a way of working; a method or arrangement of organization or classification.” So, if you are talking about “The legal system”, you are invariably referring to the interconnected or the interrelated parts of a structure upon which legality and/or the rule of law in the society function maximally, as a whole. To break it down, a particular normal legal system encompasses how the three arms of government the Legislature, Executive and Judiciary - function. In the Nigerian context and within the provisions of sections 1, 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), a legal system functions in relation to institutions and/or individuals which inevitably call into play experiences of law for its ministers, lawyers, judges, law enforcement agents and administrators as well as for its supplicants; citizens, plaintiffs, defendants. So, the legal system is a very wide, infinite structural web! The platform and players are very many, including even the media.
Is it true that the legal system in the country is elitist and not for the easy
understanding of the average Nigerian?
When you use the word “elitist” you conjure up several interpretations. One of the several meanings of that word as defined by the Chambers 21st Century Dictionary is “the best of a group or profession.” If we apply that meaning, then you are not only right about the nature of the legal system, but you are equally right about lawyers as a class. In order of ranking of world professions, Divinity or Theology comes first then the legal profession follows. All others follow down the line. So, the next most important system after the Ecclesiastical system, that is, the religions order, is the legal system or order. That said, it must be noted that the legal system anywhere is elitist in nature and structurally technical. There is little that can be done about that. Hence, many people don’t understand the working of the system and all it represents, and as a result different misrepresentation abound.
Many people are believed to be oblivious of their fundamental human rights. How can this be addressed?
Such rights are enshrined in the Nigerian Constitution. From 1979 till date, they are tagged the “Chapter Four Provisions,” and they are Right to Life (S.33), Right to Dignity of Human Person (S.34), Right to Personal Liberty (S.35), Right to Fair Hearing (S.36) Right to Private and Family Life (S.37) Right to Freedom of thought Conscience and Religion (S.38), Right to Freedom of Expression and the Press (S.39), Right to Peaceful Assembly and Association (s. 40); Right to Freedom of Movement (S.41), Right to Freedom from Discrimination (S.42), Right to Acquire and Own Immovable Property Anywhere in Nigeria (S.43), Limitations on the powers to compulsorily acquire moveable or immovable property belonging to Nigerian Citizen (S.44); Modes of Restriction on and derogation from fundamental rights (S.45) and Jurisdiction of the courts to entertain matters on these rights (S.46)
By constitutionalising these rights, the interests of Nigerian citizens are cladded on a higher pedestal for deliberate protection in the event of an infringement because they represent the minimum living standards for civilized humanity. The only exception to whether the awareness is still low or not borders on the hitherto technical nature of enforcing these rights in courts of law.
However, before 1990s, your statement that many people are believed to be unaware or forgetful of their fundamental rights was true. But that belief is no longer valid. This is because, the brutality of the military regime years until 1999 reluctantly awoke the peoples’ consciousness as to the limitations of the powers of government over the citizens.
You are the publisher of the
Capital Territory Law Review with focus on the legal system, the administration of law, among pertinent things. What is your rationale for venturing into the publication and what is your projection?
On the Capital Territory Law Review, the vision has been clear from the beginning; to boost confidence in the system; nothing more, nothing less. It is all about the system. To portray to the world that our system, the Nigeria system, can work, notwithstanding apparent self-contradictions. In the midst of doubts and worries, the publication comes from the sideline to fight for a sensible balance! It was first published in January, 2012, with the vision and mission statement to exist as a medium for intellectual and practical analysis and application of law by researching the law, analyse same and expose its application and/or misapplication across the globe, within the universal standards regarding such application. In doing so, it explores the range of experiences of law for its ministers, lawyers, judges, law enforcement agents and administrators as well as for its supplicants (citizens, plaintiffs, defendants). It examines how law is mobilised and deployed by professionals and ordinary citizens.
What are the challenges in coming up with the publications and coping with law practice and the magazine?
The vision for the publication is more about passion and service, not pecuniary. So, despite publishing at great financial costs, we are not discouraged. There is an appointed time for every well pursued vision to breakthrough. We still have a lot of work to do, and we are still at formative stage and developing. Our eyes are on the ball!
To what extent do you think legal publications like yours can strengthen judiciary framework in the country?
To a large extent. It’s important to note that publications on legal issues, administration of the law/ rule of law can cause good understanding of the law and the legal system, and by extension reduce ignorance which has never been an excuse in law.
Publishing this Law Review is my own lifetime vision to both the development of the law and its growth.