……..For Political Stability, Economic Growth
Former Vice -Chancellor, Lagos State University, Ojo, Professor Olanrewaju Fagbohun, SAN, has urged the Judiciary to be courageous to sanction actions driven by narrow political and economic self-interest, thereby ensuring the realization of the promise of equal justice under the law.
He stated this while delivering the 2024 Alao Aka-Bashorun Lecture which was part of the Nigerian Bar Association, Ikeja Branch, 2024 Law Week with the theme: ‘Public Governance in Troubled Times: Safeguarding the Rule of Law in Nigeria’ on Thursday in Lagos.
Fagbohun who spoke on the topic: ‘Public Governance, Nigeria’s Collective Moral Disengagement And The Rule Of Law’ added that while it is common for members of the political class to flip-flop either along party lines or to sustain dominance, privileges, and advantages, it is for the court to remain steadfast in checking system abusers.
He explained that one of the principles encountered early in the studies of the Legal System, Administrative Law, and Constitutional Law by every undergraduate law student is the Rule of Law and its indispensability as the cornerstone of any legitimate political society.
“The core imperative of the rule of law is that all persons, institutions, and entities, both public and private, including the state, are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights norms and standards.
The Rule of Law serves as a mechanism to address official impunity, reduce opacity, promote equity, guarantee citizens their rights, and protect their resources from plunder. It justifies the need to decentralize power, balance individual rights against the safety of others, and generally commit to applying the law to everyone fairly.
“As a formalist theory, the rule of law focuses on the form of the benchmarks used to measure conduct. As a procedural theory, it emphasizes the role of institutions and their processes. As a substantive theory, its objective is to integrate both formal and procedural features with substantive political ideals,” he said
He said further: “While I do not reject the idea that we must continue to hold leaders responsible and accountable, my core premise for this lecture is that beyond the rule of law, which remains fundamental, there is an urgent need for profound social change to address the pervasive disorder, undesirable behavior, and habitual non-compliance with rules and regulations that have become ingrained in the culture of Nigerian society.
A quick response to this is that the rule of law is essential for bringing about social change. This assertion holds significant weight because maintaining the rule of law forms the foundation of democracy and democratic practices, which are crucial for political stability and economic growth. However, such a conclusion would be premature.
“Firstly, what exactly is necessary to maintain the rule of law and keep it healthy? Secondly, the rule of law remains an essentially contested concept both from a national and comparative law perspective. This means that widespread dissent or sustained erosion of its fundamental principles will render the rule of law ineffective in rectifying societal distortions,” he explained.
Prof. Fagbohun stated further that what is being witnessed in public governance is a reflection of what Nigerian society has collectively instilled in it. In other words, the relationship between rational rules and interactional expectations, including their development, is not absolute.
He added that numerous variables influence human activities, which argues against a narrow, one-size-fits-all inquiry. This relationship is neither purely independent nor solely dependent in its variability; instead, it forms a feedback loop where a sequence of causes and effects circles back to the original cause, either altering or reinforcing it
“We can refer to the theoretical framework of integrity, openness, transparency, and whistleblowing as established avenues for addressing the suppression of dissent. However, the challenge lies in linking suppression, assumed expertise and legitimacy, and the dynamics of bureaucratic authority. In bureaucratic settings, several interconnected factors contribute to this complexity.
“The exercise of power and control can constrain individuals to consciously or unconsciously choose not to speak out, under the guise of legitimacy, and those involved often adapt to the realities of the system. Within the bureaucratic system, dissenting views of subordinates are often easily dismissed as uninformed and lacking in experience, leading to the tragic consequence that unethical, illegal, and destructive behaviors of superiors escape scrutiny, ” he said.
The law expert explained further that the Nigerian Constitution is no stranger to the rule of law, adding that in theory, it includes provisions that establish the equality of all persons before the law, the supremacy of the constitution over all other enacted laws, the separation of powers, and the guarantee of fundamental rights. For decades, including during the tumultuous years of military administration, our judiciary has demonstrated courage in deterring affronts to the rule of law.
He however said, despite these lofty foundations, the challenging times of today have presented scenarios that baffle the mind.
“In reiterating a point noted earlier, societal moral disengagement and collective unethical behavior are unlikely to self-correct without deliberate efforts to address underlying causes and promote accountability.
“The reason why our laws have failed to maintain the sanity of the past, correct the disorder of recent decades and generally serve as an effective instruction of social change is because the community of enforcers of rules, regulations and standards have been engaged in two types of conspiracies. On one hand, they patronize one another in maintaining their privileges when it suits them. On the other hand, when they have differences, they make decisions akin to “you hit me, I undermine you.”
According to him, in the light of these issues, there is widespread public cynicism about who will have the courage to initiate change. Without a doubt, when one looks at the performance of government institutions at various levels, it is difficult not to feel trepidation about our country’s prospects.
Leaders often act in a manner that is often impervious, disregarding good reasoning and the principles of open and transparent decision-making.
He however said as we define our way forward, three things are critical which include; the need to recognize and accept that Nigeria is a country with great potential, and we, as Nigerians, must work to make it succeed.
“Also, there is no silver bullet for achieving our national goals. The accumulation of many missteps has brought us to this toxic state. However, the tiny, consistent changes we make going forward will ultimately lead us back to remarkable results and there must be no latitude for people, particularly the rich and influential elites, to violate the law and get away with it. Consistent enforcement of laws and imposition of sanctions on violators are key to achieving social change.
He added that; “Many contend that poverty is the root cause of the misalignment of values in our society. The argument suggests that the ruling class has continuously impoverished the populace to maintain their domination over the class hierarchy. This results in frustration, loss of motivation, and diminished respect for the law and public institutions among the populace.
“There is some truth to this assertion, especially considering the flamboyant lifestyles of the ruling elite. However, there is no justification for acting wrongly. What sets our system apart, particularly in addressing wrongdoing, and what will continue to raise moral and ethical questions, is the discriminatory approach to violations— “sanctions for the poor and knighthoods for the rich.”
“The clarion call here is our courts cannot continue to be held back from effective service delivery by poor pay, facilities, and infrastructure. This is why current efforts to improve judicial remuneration through the Bill for an Act to Prescribe the Salaries, Allowances and Fringe Benefits of Judicial Office Holders in Nigeria and other Related Matters are commendable. This must be accompanied by effective strategies to hold judicial officers accountable. Only then will the rule of law become meaningful.
“Civil Society Organizations (CSOs) and the media must be lauded for their pivotal roles as catalysts for change. Impunity flourishes in the shadows, but their dedication, relentless efforts, and vigilant oversight are crucial in elevating public sector performance and steering Nigeria towards good governance.
“The Nigerian Bar Association (NBA) can amplify these efforts through strategic collaboration with CSOs and the media, particularly by spearheading public interest litigation.
“This collaboration will transform the effectiveness of public interest advocacy,” he added.
Explaining further Fagbohun said: “Currently, the NBA and its members are part of what I term the “Rescue Nigeria Project.” The time has come to elevate our engagement from mere involvement to unwavering commitment. Together, we can create a future where justice, integrity, and accountability are not just ideals but realities. All hands must be on deck.”
In her remarks, the chairman of the event, Hon Justice Abiola Soladoye said discipline is very important in Law profession and it is important for the younger ones coming behind to see good values and morals in the judiciary system.
“The essence of this lecture was to call a spade a spade, we should always do the right thing all the time because we are not forced to be in this profession, there are no excuses to do otherwise,” she said.
Chairman, NBA, Ikeja branch, Mr. Oluwaseyi Olawunmi said the Association always celebrates these great men such as Alao Aka-Bashorun and Gani Fawehin because they had a great legacy which lawyers should follow.
Mr. Segun Alao Aka-Bashorun, appreciated NBA for always celebrating his father’s legacy for the past 40 years.
BV.