By
Hameed Ajibola Jimoh, Esq.
FIGPCM, CGArb. (Certified Global Arbitrator), MiADRN, MiCMN, LPC (Licensed Peace and Conflict Resolution and Management Specialist), PC-WCM (Certified Specialist in ‘Workplace Conflict Management’), ACArb (Chartered Arbitrator), FIMC, CMC (Certified Management Consultant), CMS (Certified Management Specialist, with distinction in Time Management, London), Notary Public for Nigeria and LLM (in view)
INTRODUCTION
The topic of this paper imagines a situation where ‘Law’ were to be a human being. What would be his or her prospects? What would Law aspire to become, what would Law seek to accomplish, and what kind of society would Law desire to leave behind? The view of this paper is that Law was born out of necessity. Hence, he was born when humanity discovered that freedom without restraint could become oppression, and power without accountability could become tyranny. He grew with civilisation, acquired institutions, developed principles, entered the courtroom, found expression in constitutions and statutes, and became the instrument through which society sought to distinguish right from wrong, justice from injustice, and lawful authority from arbitrariness. It is on this reasoning that the topic of this paper, ‘The Prospects of Law’, becomes almost metaphorical: Where is Law going? What will Law become? What does Law intend to achieve? And, ultimately, what kind of world does Law hope to build?
‘The Prospects of Law’ is, therefore, a personification of law as a living societal institution possessing purposes, aspirations and responsibilities, through which the work examines the ends toward which law ought to continually develop and the kind of society it ought ultimately to produce.
It is the reasoning of this paper that Law may have been created by human beings, but its prospects are measured by what it does for humanity. Its ultimate aspiration is not its own perpetuation, but the creation of a society in which justice prevails, rights are protected, power is restrained, equality is respected, governance is accountable, disputes are peacefully resolved, and every person can live with dignity, security and a sense of belonging.
In application to Nigeria, it is the argument of this paper that ‘The Prospects of Law’ in Nigeria remain largely unrealised in several respects, but they are not unattainable. The existence of deficits in justice, rule of law, constitutionalism, accountability, good governance, democratic credibility, judicial independence, human-rights protection, equality, security, inclusivity and national belonging does not signify the failure or death of Law. Rather, it demonstrates the unfinished work of Law. With appropriate constitutional, legislative, judicial, institutional and societal mechanisms, the prospects of Law remain capable of realisation. Hence, this topic. These prospects have been communicated by this paper in categories while also identifying certain mechanisms for the realisation of those prospects.
PROSPECTS OF LAW
JUSTICE, EQUALITY AND FAIRNESS
These concern the fundamental moral purpose of law. Under these prospects, Law aspires to:
Equality of all before the Law.
Social Justice and Equity.
Protection of the Vulnerable and Marginalised.
Public Interest.
Human Dignity.
RULE OF LAW AND CONSTITUTIONAL GOVERNANCE
These concern the supremacy of law over arbitrary power. The aspirations of Law under this category are:
Rule of Law.
Independent Judiciary.
Separation of Powers.
Limitation of Governmental Power.
Certainty and Predictability of Law.
III. DEMOCRACY AND LEGITIMATE GOVERNANCE
These concern law as the foundation of democratic government. Those tools for the realisation of these aspirations are:
Free, Fair and Credible Elections.
Good Governance.
Democratic Participation.
Peaceful Transfer of Political Power.
Political Accountability.
Popular Sovereignty.
HUMAN RIGHTS, LIBERTY AND INCLUSIVITY
These concern the protection and meaningful participation of every person. Those tools for the realisation of these aspirations are:
Human Rights Protection.
Fundamental Freedoms and Liberty.
Federal Character.
Non-discrimination.
Sense of Belonging.
Protection of Minorities and Disadvantaged Groups.
PEACE, ORDER AND SECURITY
These concern the preservation of social order and peaceful coexistence. Those tools for the realisation of these aspirations are:
Peaceful Society.
Secure and Safe Society.
Public Order.
Protection of Life and Property.
Prevention and Deterrence of Wrongdoing.
Peaceful Resolution of Disputes.
Social Stability.
ACCESS TO JUSTICE AND EFFECTIVE LEGAL REMEDIES
This concerns whether the promises of law can actually be realised. Those tools for the actualisation of these aspirations are:
Access to Justice.
Affordable and Timely Justice.
Effective Legal Remedies.
Fair Hearing.
Legal Aid.
Alternative Dispute Resolution.
Effective and Independent Courts.
Enforcement of Judgments and Legal Rights.
VII. DEVELOPMENT, PROSPERITY AND THE COMMON GOOD
This expands the prospects of law beyond courts and disputes into societal development. Those tools for the realisation of these aspirations are:
Economic Development.
Social Development.
Sustainable Development.
Protection of the Environment.
Economic and Commercial Certainty.
Investment and Business Confidence.
Protection of Future Generations.
National Unity and Integration.
In the view of this paper, it is for the above prospects that the Constitution of a State and, much more particularly, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), statutes, Rules, Regulations and other legal instruments have been made or devised by Law. Nevertheless, notwithstanding how wonderful these prospects and how fantastic those aspirations might be, without certain mechanisms being put in place, they might be unrealistic. Hence, Law has devised certain mechanisms for achieving these prospects, as identified below.
THE MECHANISMS FOR REALISING THE PROSPECTS OF LAW
Constitutional Reform
Where constitutional structures prevent the proper realisation of the prospects of Law, reform becomes necessary.
Judicial Independence
A judiciary capable of deciding cases without improper external influence is indispensable to the rule of law.
Institutional Independence
Electoral bodies, anti-corruption institutions, regulatory agencies and other institutions must possess sufficient independence and capacity.
Effective Enforcement of Law
A law that cannot be effectively enforced risks becoming merely declaratory.
Accountability Mechanisms
Public officials must face meaningful consequences for unlawful conduct.
Electoral Reform
The legitimacy of democratic government depends substantially upon elections that are free, fair, transparent and credible.
Access to Justice
The poor and vulnerable must be able to invoke the protection of Law.
Legal and Civic Education
Citizens must know their rights and responsibilities.
Professional Integrity
Lawyers, judges, law-enforcement officers and other actors within the justice system must uphold professional and ethical standards.
Respect for Human Rights
State institutions must treat constitutional and human-rights guarantees as enforceable obligations rather than aspirational declarations.
Security-Sector Reform
Law cannot promise a safe society while institutions responsible for security are unable or unwilling to protect citizens effectively and lawfully.
Political Will
Perhaps one of the most important mechanisms: those who exercise political power must themselves be willing to submit to Law. No one is above the law except to such extent as exempted or permitted by the Law.
Citizen Participation
Citizens cannot leave the entire burden of preserving the prospects of Law to courts and lawyers.
Societal Commitment to the Rule of Law
Ultimately, the prospects of Law require a culture in which obedience to law is preferred to self-help, violence, impunity and arbitrary power.
CONCLUSION
This paper is of the view that the prospects of Law in Nigeria, as a case study, are, at the moment, incomplete, but they remain achievable. The task before the Nigerian State, its institutions, the legal profession and citizens is not to abandon Law because its promises have not been fully realised, but to strengthen the mechanisms through which those promises can become reality.
E-mail: hameed_ajibola@yahoo.com Phone No.: 08168292549.
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