The NBA annual conference kicked off in Enugu at the International Conference Centre yesterday. The theme of this year’s conference is “Stand Out, Stand Tall”. If the “learned” ladies and gentlemen gathered in the “Coal City” really want to “stand out” and “stand tall”, they need to give serious thought to two key issues.
The first is presentational. Nearly 65 years after becoming independent, is there any logical reason for Nigerian lawyers to continue wearing traditional British lawyer gowns and wigs? Those wigs are an anachronism in modern times and are not suited for hot tropical countries like Nigeria. Surely, the measure of a lawyer is in mastery of the law, the possession of a forensic mind, ability to think on their feet and articulate complex issues in a reasonable manner. None of these have anything to do with archaic headgear or gowns.
Seeing Nigerian lawyers hot and sweaty in those garbs make them look a parody of themselves. There is hardly any logic in retaining such vestiges of colonial rule, considering that the United States, another big former British colony, didn’t hesitate in asserting their independence by ditching British court clothing. This has had little effect on the dispensation of criminal justice in America. So there is really no logic to clinging to British traditions in court appearance.
Beyond the presentational issues around hanging on to colonial relics, the NBA should use the Enugu conference to start leading the charge in championing constitutional rule in Nigeria. Many Nigerian governments continue to act in ways that demonstrate a brazen disregard for the constitution. The list of examples of such unconstitutional behaviour in officialdom is endless.
A few examples:
- Indigeneity rules. Several states officially discriminate against “non-indigene” residents in clear violations of constitutional provisions. This could be in appointments, scholarships, land allocation, etc.
- The practice of using the religious police (Hisbah) in some northern states to prohibit the sale of alcohol and attack establishments that sell alcohol is against constitutional provisions prohibiting a state religion and the denial of the rights of citizens to earn a living.
- The current complaints that President Bola Tinubu is filling key top positions in strategic agencies with members of his ethnic group, which is a violation of the “federal character” provisions in the constitution.
The NBA’s stated aims include “the promotion and protection of human rights, the rule of law and good governance in Nigeria”. One suggested route towards achieving those aims would be to champion lawsuits against any ruler that authorises acts that violate the rights of Nigerians or the constitution that the rulers swore to uphold.
While many Nigerians have little faith in the judiciary when such cases come to court, lawsuits against rulers that act unconstitutionally would serve as a deterrent. An activist lawyer like the late, great Gani Fawehinmi used to do this, earning himself the nickname “Senior Advocate for the Masses”.
Gani Fawehinmi – Senior Advocate for the Masses
A fitting way to honour his memory would be the NBA deciding at the Enugu conference to take up the mantle that has been dropped since Fawehinmi’s death in 2009. It’s time for the NBA to “Stand Out, Stand Tall” and stand up to be counted.
