Nigerian lawyers have urged independence and activism from the Judiciary, saying these features promote the rule of law. The call was a fallout of the well-attended Nigerian Bar Association, Port Harcourt Branch Annual Law Week which held recently.

In a communique made available to CITY LAWYER, the forum stated that “Judges must remain resolute, free from extraneous influence and must uphold the principles of fair hearing and stare decisis for the rule of law to be upheld, improving on the expeditiousness of the time frame for litigation matters.”

The forum called for a “more stable and predictable legal system” towards facilitating the rule of law, including the expeditious handling of matters, adding that “The rule of law is the fulcrum that will protect every citizen’s rights. Lawyers and Judges should collaborate in ensuring that the principles of law are upheld irrespective of who the parties or persons interested in the suits.”

Dwelling on “Lawyers’ Accountability and Sanction,” the forum urged lawyers “to embark on a self-audit,” even as it asked the NBA to “begin to sanction lawyers who contravene the ethics and code of the profession. The Disciplinary Committee of the NBA must become more active.”

It urged lawyers to prioritise access to justice by protecting the rights of citizens and taking up more pro bono matters in the public interest, “especially for the indigent in society towards restoring the hope of the common man in the justice system.”

The forum also called on the government, government officials and the political class “to become more accountable to the people as that is the foundation upon which the rule of law and socio-economic development can thrive.”

The Annual Law Week and Dinner held from 2nd December to 6th December, 2024. The Theme of the annual fiesta was “Rule of Law and Socio-Economic Stability: Impact on the Legal Profession.”

While Justice Mary Ukaego Peter-Odili, retired justice of the Supreme Court, was Chairman of the Opening Ceremony which held on December 3, 2024, leading corporate lawyer, Mr. George Etomi was the Keynote Speaker. Discussants included Hon. Justice T. S. Oji; Mr. Ayodeji Adedipe SAN and Chamberlain Peterside, while the Branch Chairman, Mrs. Cordelia Eke gave an address that drew accolades. Many leading lights of the Bar and Bench attended the Annual Law Week.

Below is the full text of the Communique.

COMMUNIQUE ON NIGERIAN BAR ASSOCIATION, PORT HARCOURT BRANCH LAW WEEK 2024, HELD ON TUESDAY, 3RD DECEMBER, 2024 AT THE NBA PORT HARCOURT BRANCH HOUSE, 1 BANK ROAD PORT HARCOURT, RIVERS STATE

PREAMBLE

The Opening Ceremony of the Nigerian Bar Association, Port Harcourt Branch Annual Law Week 2024 held on Tuesday, 3rd December 2024 at the NBA Port Harcourt Branch House, 1 Bank Road Port Harcourt, Rivers State. The theme of the law week is “The Rule Of Law And Socio-Economic Stability: Impact On The Legal Profession’’

The Opening Ceremony was graced by dignitaries and personalities of repute within and outside the legal profession. The event was Chaired by Hon. Justice Mary Ukaego Peter-Odili, JSC, Rtd, Chairman, Governing council, Rivers State University.

The Keynote Speaker of the event was the versatile and internationally recognised legal luminary with experience spanning Business, Telecommunications, Energy and Natural Resources, Aviation, Oil & Gas, and Corporate/Commercial Law, the distinguished Mr. George Etomi, FNIALS, NPOM.

Goodwill messages were received from a variety of dignitaries inclusive of:

Mazi Afam Osigwe, SAN, NBA, National President, represented by Emeka J.P. Obegolu, SAN

Hon. Justice I.W. Obuzor, President of the Customary Court of Appeal, in dual capacity, representing his office and Hon. Justice S.C. Amadi, DSSRS, Chief Judge of Rivers State

Chief Emeka Ozoani, SAN, Immediate Past Chairman, NBA National Welfare Committee

The Annual Law Week was officially declared open by Hon. Justice S.C. Amadi, DSSRS, Chief Judge of Rivers State represented by Hon. Justice I.W. Obuzor, President of the Customary Court of Appeal, Rivers State.

A Panel Session held comprising of Hon. Justice T.S Oji; Chamberlain S. Peterside, PhD; Ayodeji Adedipe, SAN, and the Keynote Speaker, Mr. George Etomi, FNIALS, NPOM. It was moderated by HRH David Serena-Dokubo Spiff, FICMC, FNCS.

2.0 Key Issues Raised

The following issues were raised by the keynote speaker and other speakers:

The Rule of Law and Socio-Economic Stability are intertwined, and both affect the stability and survival of the legal profession.

A stable legal framework is essential in solidifying the rule of law and socio-economic development in Nigeria while the abuse of the rule of law will affect the socio-economic stability of the country and inevitably lead to a state of anarchy.

Lawyers and Judges are the custodians and major stakeholders in ensuring the Rule of Law in Nigeria. Lawyers have failed in their roles to speak up against unfavourable government policies.

Judicial dependence on the government for funding has contributed to the challenges in upholding the rule of law and has contributed to the poor socio-economic indices in Nigeria.

Poor access to justice, protection and enforceability of human rights have compounded the abuse of the rule of law in Nigeria.

The legal profession has contributed to the abuse of the rule of law.

Government and government officials are not being held accountable by the legal system which has led to the common man losing faith in the sanctity and finality of the courts. They now seek alternate resolution methods including self-help which may eventually lead to anarchy.

3.0 RECOMMENDATIONS

We, as representatives of the Nigerian Bar Association, Port Harcourt Branch at the Opening Ceremony of the NBA PH Branch Law Week, 2024, have discussed critical issues of the rule of law and socio-economic stability and their impact on the legal profession and affirm or recommend as follows:

Lawyers’ Accountability and Sanction: The forum calls for lawyers to embark on a self-audit. The NBA should begin to sanction lawyers who contravene the ethics and code of the profession. The Disciplinary Committee of the NBA must become more active.

Prioritise Access to Justice: The forum calls for Lawyers to take up their rightful roles in ensuring access to justice and protecting the rights of the citizens by taking up more pro bono matters in the public interests, especially for the indigent in society towards restoring the hope of the common man in the justice system.

Judicial Independence and Activism: The forum calls for Judicial Independence and activism which are key to fostering the rule of law. Judges must remain resolute, free from extraneous influence and must uphold the principles of fair hearing and stare decisis for the rule of law to be upheld, improving on the expeditiousness of the time frame for litigation matters.

Stabilise the Judicial System: The forum calls for a more stable and predictable legal system towards facilitating the rule of law, including the expeditious handling of matters. The rule of law is the fulcrum that will protect every citizen’s rights. Lawyers and Judges should collaborate in ensuring that the principles of law are upheld irrespective of who the parties or persons interested in the suits.

Aggressive Advocacy: The forum calls for Lawyers to take up their roles as advocates for the independence of the judiciary. Lawyers must embark on aggressive advocacy for reform of laws that hamper the rule of law and strengthen the voices of individuals and communities to uphold the rule of law.

Stakeholder Partnerships: The forum calls for partnership with NGOs and other Stakeholders as a crucial catalyst for socio-economic development and the fostering of the rule of law, including empowering marginalised groups to have a voice and participate in ensuring economic growth.

Government Accountability: The forum calls on the government, government officials and the political class to become more accountable to the people as that is the foundation upon which the rule of law and socio-economic development can thrive.

4.0 CONCLUSION

In summary, the socio-economic development of Nigeria is dependent on the state of the rule of law of the nation. Lawyers and the Judiciary have roles to play in ensuring that the common man has access to justice and that the political class and government are held accountable for their actions and inaction. Beyond rhetoric, effort must be made to bridge the expanding gap between lawyers and the judiciary, towards ensuring that the rule of law is prioritised for socio-economic stability, growth and development.

Signed:

Joseph I. Ekwueme
Chairman, Law Week Planning Committee

Grace Chigala Ajaegbo., Ph.D
Secretary, Law Week Planning Committee

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