Prof Nnamdi Obiaraeri
Some of the arguable ways to construe the recent reversion to the “Nigeria we hail thee” version of national anthem are that, cumulatively, the anthem is a clarion call for crucial national reassessment; a charge to reject things that are not working; and an injunction to embrace sustainable renaissance. Returning to the erstwhile national hymn is unarguably an open admission by the present day leaders that project Nigeria is not working. The promoters as well as those opposed to the introduction of the new national anthem are consensus ad idem (in agreement) that Nigeria is in dire need of solutions to the myriads of her existential problems- social, economic, political, cultural and civil.
Despite heated contestations about the procedure cum timing of its passage into law as an Act of parliament, the wordings of the different stanzas of the national anthem represent a solemn demand or adjuration for all hands to be on deck. Though tribe and tongue may differ, in brotherhood we stand, the anthem declares!
Truth be told, it takes both leaders and citizens to salvage a sinking nation. The caveat or precondition is that leaders must be in charge and take full responsibility. There is no argument that beleaguered Nigeria can be made to work again if the Spartan commands in the new national anthem are obeyed and observed with tenacious fidelity by stakeholders and all citizens. The point of departure, however, is how, when and by whom will the tall dream of a united, peaceful and progressive Nigeria be birthed.
When shall “the Nigerian flag be a symbol that truth and justice reign”? Under whose regime or which political epoch will Nigeria hand on to her children “a banner without stain”? These and many others are some of the key posers raised in the lyrics of the new national anthem. There is the additional concern whether leaders will want to lead from the front or from behind? Given elusive peace and progress in the polity, many Nigerians may not know that section 15(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended clearly provides that “The motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress.” Nigerians are more disunited than ever when her diversity should have been her strength.
It is believed that return to the “Nigeria we hail thee” national anthem should rekindle the search for visionary, reasonable, responsible and responsive leadership which, admittedly, has overtime been in in very short supply. It is against this backdrop that Nigerian lawyers are being spotlighted and entreated in this entry to take their pride of place in the national leadership matrix as a new normal is possible.
Across the globe, lawyers, by training and vocation, are esteemed and indispensable in leadership matters. In Nigeria, lawyers are entrusted with elevated exclusive leadership positions in that the judiciary, which is one of the three arms of government, is occupied solely by lawyers. This is self-evident and better appreciated when it is realised that any citizen, irrespective of his or her profession or limited educational qualification (the minimum being school certificate or its equivalent) can be elected or appointed into either the executive or legislative arms of government in Nigeria.
On the contrary, only lawyers, who have been duly called to the Nigerian Bar and who have met the constitutionally prescribed minimum number of years of post-call experience, are eligible to be appointed as Judges or Justices of the superior Courts created under section 6 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. Out of abundance of caution, (ex abundanti cautela) only a fit and proper person who has a minimum of first degree in law earned from a reputable University who has successfully passed qualifying examination after a minimum one year professional training at the Nigerian Law School is eligible to be admitted or called to the Bar by the Body of Benchers in Nigeria. Furthermore, under sections 150 and 195 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, only a person qualified to practice as a legal practitioner in Nigeria and has been so qualified for not less than ten years is eligible to be appointed Attorney-General and Chief Law Officer of the Federation or Attorney General and Chief Law Officer of a State respectively. These validate that unlike the executive or legislature, in terms of academic qualification and professional experience, it is not any person that can be appointed into the judiciary as a judicial officer or as Attorney-General (whether of the Federation or of a State).
Lawyers are indispensable in the promotion of rule of law, justice, democracy and egalitarian society. The third stanza of the nascent national anthem bears eloquent testimony to the importance of adherence to rule of law by, among other things, beseeching thus-
O God of all creation,
Grant this our one request,
Help us to build a nation
Where no man is oppressed,
And so with peace and plenty
Nigeria may be blessed.
Democracy and rule of law are antidotes to oppression. On paper, Nigeria is a democracy under the rule of law. In practice, in truth and reality, principles of rule of democracy and rule of law are obeyed more in breach than observance in Nigeria. it is the training and province of the lawyer to uphold the rule of law while the judiciary remains the bastion of democracy.
It is apposite at this juncture to state that the umbrella body of the over 140,000 lawyers in Nigeria is the Nigerian Bar Association (often abbreviated as “NBA”). The motto of the NBA is “Promoting the Rule of Law”. NBA has at least 128 active branches across the 36 States including the Federal Capital Territory of Nigeria. This elucidates that lawyers, under the aegis of NBA, are available to provide leadership around the nooks and crannies of the country. It may then be asked whether lawyers have lived up to expectation given the malodorous leadership issues in Nigeria. As uncharitable as it may appear, the answer to this soul searching query will definitely be a deafening NO!
Yet, Nigeria’s leadership conundrum cannot be resolved without commensurate pivotal role of lawyers, whether on the Bench or in the Bar. Nigerian lawyers must therefore rise up to the challenge of getting Nigeria out of the woods. To this end, it is suggested among other things that the NBA, nay lawyers, must retrace their steps as the public image of Nigerian lawyers are not anything to be proud of to the extent that lawyers are regularly harassed, brutalised or even killed by laymen and law enforcement officials. Lawyers have uncharacteristically been associated with many ills bedevilling the polity including delayed justice delivery system, subversion of justice and judicial corruption. As social engineers, the law itself being an instrument of social engineering, lawyers ought to take more than a passing interest in such matters like law reform, national and state assembly proceedings, constitutional amendment including the nagging questions of restructuring, referendum and secession. The outcomes of the recently conducted elections in South Africa that can pass for free, fair and credible make mockery of the Nigeria’s wobbly democracy, epileptic elections and unhygienic politics. What useful lessons can Nigerians and indeed Nigerian lawyers learn therefrom? Is it business as usual?
In view of the direct and implied charges in the stanzas of the “Nigeria we hail thee anthem”, Nigerian lawyers must redouble their efforts at optimum surveillance against tyranny and oppression in any form of shape and from all quarters- official and unofficial. Promoting the rule of law mantra of the NBA means that Nigeria is not a jungle nation. It is highly doubtful whether Nigeria can pass for a country under the rule of law if cognisance is taken of regular shut-down of courts as a result of industrial actions, heightened insecurity and extra-judicial killings to mention a few red flags.
Nigerian lawyers should not be passive observers in the ongoing minimum wage imbroglio between Government and Organised Labour. On whose side is the NBA? Put differently, what is the reasoned input of NBA to the raging debate about the minimum living wage of the average Nigerian worker? How about the living conditions of the millions of Nigerians adjudged to be living in extreme poverty? How about the welfare of young and elderly lawyers? Only responsible and responsive NBA leadership at the National and Branch levels can guarantee that lawyers occupy respected roles in issues of governance. Nigerian lawyers should not be overwhelmed by the atrophies in the polity as they hold the key to unknotting Nigeria’s hydra-headed troubles. From the bench and the bar, lawyers can afford to do more. Nation building is a continuum. Nigerian lawyers, meaning those on the Bench and Bar, arise.
Nigerian lawyers we hail thee. Nigeria, we hail thee.
A new normal is possible!
Prof Obiaraeri, N.O.
