THE NBA CONFERENCE IN LAGOS (2)

Sonnie Ekwowusi canvasses the preservation of the rule of law

Even though Walter Onnoghen has been removed, the judiciary is still in a mess. The big monster is bent on scuttling the jura personarum and jura publica and enthroning what both Israeli professor of modern history Jacob Talmon and prominent English historian Christopher Dawson had identified as “totalitarian democracy”. Prior to the commencement of the NBA 2019 Conference, both the chairman and co-chairman of the technical committee of the 2019 NBA Conference Planning-Gbenga Oyebode and Olumide Akpata - had spoken glibly about the immense legal scholarship to be derived from embracing the new technological changes and artificial intelligence in legal practice. If I am not mistaken, a paper on space law was even presented at this year’s bar conference. Excellent. Lawyers should avail themselves of the benefits of the new technological innovation. To outer space Nigerian lawyers must go.

But first things first. If the rule of law is scuttled and the judicial system is susceptible to political interference and manipulation and if government disobeys court orders or only obeys court orders convenient to it, technological innovation, artificial intelligence and space law would serve no useful purpose. We cannot be dreaming of travelling to outer space when the little land space being occupied by the judiciary in Nigeria to safeguard the rights and liberty of the citizenry has been taken away. It is general knowledge that countries with improved rule of law have experienced higher economic growth more than the countries with weak rule of law. Over the years I have been assisting in facilitating political trainings for some government officials in both the United States and the United Kingdom on issues bothering on democracy and so forth. In one political training after another especially the trainings that took place at The Heritage Foundation (a research educational institution and a think-tank based in Washington, D.C, United States), the attendees agreed that one of the four pillars of economic freedom and prosperity in any country is the rule of law, and, that there is plenty of evidence around the world that the rule of law is a critical factor in empowering individuals, ending discrimination (especially discrimination against women), enhancing economic competition, improving human condition, preserve peace, respect individual human rights and achieve economic prosperity.

Therefore beyond the eloquence and sophistry that had waxed strongly and the flowery papers and sanctimonious speeches that were delivered at the 2019 Bar Conference which is ending tomorrow, Nigerian lawyers should resolve to put a stop to all those things bringing shame to the legal profession in Nigeria. For instance, I was in the village at the time the Senate screened the Chief Justice of Nigeria Tanko Mohammed. At that time I received all sorts of messages from the public insulting Nigerian lawyers and judges. At a point I became ashamed of myself. It is sad that amid the smoldering crisis plaguing the legal profession in Nigeria there has been palpable silence and inaction on the part of members of the bar especially the senior members of the bar who ought to lead by example. Oftentimes rots are tolerated in the name of the “hallowed tradition of the bar” or under the guise of the respect and honour that are due to their “Lordships”, “learned Senior Advocates of Nigeria” or “learned friends”. For instance, under the watch of Aka-Bashorun, Olisa Agbakoba and other notable NBA Presidents the NBA was a strong force to be reckoned with especially on issues bothering on redeeming

the judiciary from moral degeneracy. Unfortunately today the NBA, with due respect, has lost its bite and charm. For example, on many occasions in which the public had expected the NBA to bare its mind on a burning national issue, the NBA had disappointingly kept mute. Such inaction or non-committal stance in the face of moral and political crises tarnishes the good image of the bar. Lawyers are no cowards. Lawyers are fearless. Lawyers are bold. Lawyers cannot plead alibi in the events that shape Nigeria especially those events capable of bringing ruin to Nigeria. Therefore a non-committal stance amid tumultuous constitutional crisis threatening democracy is a great betrayal of trust and disservice to the legal profession. If lawyers refuse to intervene to rescue Nigeria from the present mess then it is leaving Nigeria in the hands of idiots and never-do-wells.

Given the unbridled reign of terror in Nigeria today we need a vibrant, fearless, courageous and irrepressible bar. Why? Because justice is the ultimate safeguard of civilized conduct. Fiat justicia ruat coelum (Let justice be done though the heaven may fall). Ancient philosopher Aristotle so praises justice that he says, “Neither the morning star nor the evening star are as glorious as justice”. To Cicero, “the brightness of virtues shines above all in justice”. In the immortal words of Justice Chukwudifu Oputa (of blessed memory), “Injustice breeds intolerance, violence and social disorder in the same way justice brings along with it the blessings of peace and mutual understanding. There will be no peace in a society where justice is denied or defeated. Where there is wrong it is only justice that will right the wrong and thus restore balance”. Implicit in Oputa’s epistle is that peace grows in the crannies of justice. And who dispenses true justice? An incorruptible judge. A fearless judge. A God-fearing judge. We need an irreproachable judiciary as well. This is because with a convoluted judiciary our fledgling democratic experiment stands the danger of being aborted. The judiciary ought to be the last hope of the common man. In fact the public constantly looks up to lawyers for protection and to bring about the much-vaunted social change in the society in line with Roscoe Pound’s Sociological School of jurisprudence. But unfortunately our judiciary is at the crossroads at the moment. Faced with full blown dictatorship and totalitarianism the judiciary is completely cowed, caged and emasculated as in the military dictatorial regimes of IBB and Sani Abacha. Above all, executive lawlessness has reached its nauseating apogee.

Therefore as the 2019 NBA Conference ends lawyers should resolve to act today in order to preserve the future. We must understand that no arsenal or no weapon in the arsenals of this world is as powerful as the will and moral courage of free men and women. It is true that Nigeria is in danger today, but we must not be afraid. Power belongs to the people. Our government has no power except that granted it by the people. Therefore it is high time tyranny was nipped in the bud. It is time to restore the rule of law to its enviable place. Any society bereft of the rule of law is heading for anarchy. Why? Because recourse to the rule of law is the bedrock upon which the society lays its claim to civilization. But action is required to preserve the rule of law. Action is required to secure the lives and property of the citizenry. Action is required to remind the enemies of freedom that liberty is the highest aspiration of the Nigerian people. We will negotiate for freedom and justice, sacrifice for freedom and justice; we will not surrender for freedom; we will not surrender for justice-now or ever.

IF THE RULE OF LAW IS SCUTTLED AND THE JUDICIAL SYSTEM IS SUSCEPTIBLE TO POLITICAL INTERFERENCE AND MANIPULATION AND IF GOVERNMENT DISOBEYS COURT ORDERS OR OBEYS COURT ORDERS CONVENIENT TO IT, TECHNOLOGICAL INNOVATION, ARTIFICIAL INTELLIGENCE AND SPACE LAW WOULD SERVE NO USEFUL PURPOSE