Elevating Justice: Law and the Legal Profession in National Development
Learned friends on the Bench, and at the Bar, ladies and gentlemen, I welcome you to the 2023 Law dinner and awards ceremony of the prestigious NBA Gwagwalada branch. It is an honour to deliver this keynote address today on the critical role of law as an instrument of justice and the legal profession as a catalyst for national development.
Thomas Hobbes, the prominent 17th-century philosopher, in his seminal work “Leviathan,” contemplated the state of society without the guiding hand of the law. As you would expect, it was not a palatable scenario, he therefore submitted that in the absence of a structured legal framework, human life would be characterized by chaos. As individuals in their natural state, would be in a constant state of conflict and competition, singularly guided by selfish interests. So to enable peace and societal development, he advocated for the establishment of a sovereign authority to maintain law and order. An understanding of Hobbes’s theoretical foundation is essential to appreciating the stabilizing influence of the law in any society. In the context of Nigeria, the uniqueness of the judiciary is in its ability to uphold the rule of law, foster harmony, protect citizens’ rights, and act as a unifying branch of government, that reinforces public faith in the system.
Arguably, this is the philosophical origin of the common phrase “the judiciary is the last hope of the common man”. Nigeria’s laws, as designed, set the foundation for the principles of fairness, equity, and justice for all. The exemplary and comprehensive provisions of Chapter IV of the 1999 Constitution1 of Nigeria (as amended) have been the subject of constant litigation, to which the judiciary has continued to rise to the defence of the common man.
In the landmark cases of Onyibor Anekwe v Maria Nweke 2 and Ukeje v Ukeje 3 the Supreme Court of Nigeria in upholding the fundamental rights from discrimination protected by Section 42 of the 1999 Constitution, held that a custom that denied women’s right to inheritance is repugnant to natural justice. Ogunbiyi J.S.C in the Anekwe case clearly stated that “a custom of this nature in the 21st-century societal setting will only tend to depict the absence of the realities of human civilization.”4
Since the delivery of these landmark judgments, a host of discriminatory customary practices in Nigeria have been subjected to scrutiny, thereby emphasizing the societal context and human impact of legal decisions. It is therefore evident that the transformational role of the law in the advancement of any society cannot be understated. Without a doubt, the responsibility of the legal community extends far beyond the courtroom. It encompasses advocacy for legal reforms, promotion of public awareness, and the upholding of ethical standards that underpin the pillars of justice.
Lord Denning, the erudite jurist and most influential judicial figure in recent history, who incidentally was referred to as the ‘People’s Judge’, once remarked that “justice must not only be done; it must be seen to be done.” This further encapsulates the essence of public trust in the legal system, a trust that must be earned and maintained through the ethical and impartial conduct of legal practitioners. But can we of the legal profession truly say that our legal compass has been guided by these principles?
The legal profession, as stewards of the law, bears a responsibility to uphold the principles of fairness, and justice. They are the intermediaries between law and society, thus translating legal principles into practical outcomes that impact the lives of Nigerians from all and sundry. The American Federalist Papers, a collection of essays written by Alexander Hamilton, James Madison, and John Jay, provide a valuable lens through which we can examine whether we of the legal profession in Nigeria can truly assert that we uphold high ethical standards and uphold the law in the way that promotes the greater good of society.
For example, in Federalist Paper No.78, particularly written by Alexander Hamilton – he argues eloquently that an independent judiciary is essential for ensuring the impartial application of the law and the protection of individual rights. Therefore, in the Nigerian context, the legal profession has not only the moral imperative but the existential potential to play a key role in national development.
It can do so by advocating for legal reforms that address pressing social and economic challenges, educating the public about their legal rights, and continuously upholding ethical standards without ceasing. There are however significant challenges that continue to hinder the legal profession from fulfilling its transformational potential to promote national development in Nigeria.
One key challenge is the people’s lack of access to justice. Many Nigerians lack the financial resources or even the knowledge to access the legal system. This is not surprising considering Nigeria’s multigenerational fight against poverty. This state of lack and want hinders the ability of a lot of Nigerians to seek redress for grievances and protect their rights.
Another significant challenge is inefficiency and the encroachment into the institutional independence of the judiciary by the other respective branches of government, be it at the state level or the federal level. This can delay justice, undermine the public trust in the judiciary, and stifle the ability of the judiciary to dispense justice expansively. An underreported challenge is the lack of diversity in the legal profession. As a champion of gender equality, gender inclusion, and gender equity, this is dear to me. The underrepresentation of women legal practitioners in some geopolitical zones in the country continues to limit the perspectives and experiences that are important regarding salient legal issues in the country.
To address these challenges, we must work together to strengthen the legal system, promote access to justice, deploy technology to optimize processes in the judiciary, promote gender inclusion in the legal profession, and uphold ethical standards. The pursuit of justice must go beyond courtroom victories. It demands that we must be guided by the principles of fairness, equity, and access to justice, ensuring that the law serves as a tool for positive transformation in our society.
In conclusion, law is not merely a set of rules; it is a tool for creating a just and fair society. Therefore, as legal practitioners, we must embrace our collective role of elevating justice and serve as catalysts of national development.
Thank you.
Footnotes:
1. Constitution of the Federal Republic of Nigeria (1999)
2. Anekwe & Anor v Nweke (2014) LPELR-22697 (SC)
3. Ukeje v Ukeje (2014) 11 NWLR (PT 1418) 384
4. Anekwe & Anor v Nweke, p. 36 para.
•Keynote Address by the Deputy Speaker, Hon. Benjamin Kalu at the NBA Gwagwalada 2023 Law