No Development Without Rule of Law, Babalakin, Falana, Sanusi Concur at Sofola Lecture

Any nation, which truly desires genuine development, can only ignore the rule of law to its detriment.

This was the consensus by most of the discussants at the 10th year memorial lecture in honour of the late legal icon, Mr. Kehinde Sofola, SAN CON, which held last Thursday at the Muson Centre, Lagos.

In the Keynote Lecture delivered by Dr. Wale Babalakin, SAN titled 'The Role of the Legal Profession in Nation Building: The Nigerian Context', he raised posers as to where Nigeria lost it as a nation in its political, social, legal and economic evolution, positing that the intervention of the military in Nigeria’s political history, can best be described as disastrous to the legal profession.

He painted a glowing picture of what the Bar and the Bench was like in the 50s and 60s and what it is now, concluding that it has become imperative for Nigeria to put in place measures to bring back a strong, virile and reliable legal profession.

Citing an example with the proposed appointment of Justices directly from the Bar to the appellate Bench, Babalakin advised that such move should be jettisoned, as it would demoralise those already in the Judiciary, building their careers and looking forward to being elevated.

He further spoke on the needless contention over the jurisdictions of the states and Federal High Court, which he said has impacted negatively on the nation’s justice delivery.

Dr Babalakin also pointed out that the present situation where over 60% of the judgements decided at the trial courts, are based on procedural rules and not on substantive law, is sad for the country.

One of the ways he suggested that the nation’s legal profession could be pulled out of the doldrums, is to ensure that Nigeria’s legal education must be got right, saying that "the study of law may be serious, but poor quality of lecturers and funding remains a major hindrance".

On judicial appointments, Babalakin maintained that this should be based on merit and not on federal character.

In citing the example of the United States of America, he said all the judges of their Supreme Court are adjunct professors of law at nearby universities, a testimony to the level and quality of their education.

His assessment of the judiciary however, is that there is no difference between an incompetent judge and a corrupt judge, because according to him the effects on the society are the same.

He further suggested that must be delays in court proceedings, unnecessary adjournments must be discouraged, and that discipline of judicial officers should be transparently done.

Chairman of the occasion, Emir of Kano, Muhammadu Sanusi 11, in his opening remarks expressed his strong view that democracy is all about the rule of law, and that merit should never be sacrificed on the altar of federal character.

One of the discussants of Dr. Babalakin’s paper was Prof Isabella Okagbue, who expressed the fact that the Nigerian legal profession itself resists reforms unconsciously.

In taking a critical look at legal practice in Nigeria, she said Nigerian lawyers encounter huge challenges which their counterparts in developed countries are not exposed to, including insecurity.

She lamented the state of Nigeria’s infrastructure and public institutions, which she said are deteriorating and challenged Nigerians to imbibe the culture and practice of holding their leaders accountable.

She concluded by advocating that the Nigerian Bar Association must ensure that corrupt lawyers are permanently barred from practice.

In his own contribution, Dr. Mohammed Junaid submitted that contrary to the widely held view, democracy does not guarantee development.

Human rights lawyer, Mr. Femi Falana, SAN in his characteristic boldness praised the courage of Hon Justice Jinadu, who defied the military and resigned from the Lagos State High Court, in the face of intimidation and impunity by the military in the 80s.

Falana pointed out that the impunity which the brave Nigerian Bar fought against during the military era, is very much alive today, where the National Assembly has continued to be a law unto itself.

Citing Section 88 of the Constitution, he said that the National Assembly just doesn’t have the power to summon government functionaries to appear before it. And that if the ongoing charade at the Senate is allowed to continue, the nation’s law makers would soon be summoning everybody to appear before it, for the flimsiest excuse. On the way forward, Mr Falana suggested that the government and its functionaries must demonstrate fidelity to the rule of law, giving examples of America and South Africa where their Presidents promptly obey court orders.

He further advocated a ban on stay of proceedings in court, to ensure that cases are held timeously and expeditiously.

Mr. Kehinde Sofola, SAN CON, in whose memory the lecture was held was born in Ikenne-Remo, Ogun State on March 10, 1924. He attended schools in Sagamu and Abeokuta before proceeding to study Law in England and was called to the English Bar at Lincoln’s Inn on February 9, 1954 along side great personalities like the former British Prime Minister, Mrs. Margaret Thatcher .

On his return, he was enrolled at the Supreme Court of Nigeria in September, 1954. With a glowing legal career, the late Sofola sat on the board of many organisations, including banks, corporations and the National Judicial Council and he passed on in 2007.