Nigeria has no constitution
By NGOZI ECHENDU
Wednesday, April 30, 2008

• Olasupo
Photo: SunNews Publishing

Young lawyers, who run into trouble early in practice, are the architect of their fate, so says a Lagos lawyer and president of the Committee for Defence of Human Rights(CDHR), Mr. Olasupo Ojo.

According to Ojo, some young lawyers are unnecessarily in a haste to get rich.

He said: "Unfortunately, they will never bother to trace the journey of rich seniors to where they are today. They don’t bother about what they have gone through before they made it. All their concern is to be rich and successful instantly.They are afflicted with what I call ‘Quick money’ syndrome. That is why they do things that put them in trouble."

He shared his experiences in practice with Daily Sun.

Pupillage
I did not open my own chamber immediately. I underwent pupillage at Barrister Anthony Mogba’s chamber in Enugu for one year. From there, I proceeded to Lagos and stayed with Barrister Femi Adeyemo for one year too before moving to Barrister Femi Falana’s chamber, from 1993 to 2000, before I opened my own chamber. Pupillage should be made mandatory for every lawyer because that is where they would be taught the practical aspect of the profession.

First appearance

My first appearance was at the high court in Enugu, where I argued a motion and won; that was a case of my own. There was no fright. Another was at the magistrate’s court, in 1993. There was no lawyer to appear, then I was asked to appear. I also stood without any fright. Later, the case was adjourned.

Problems confronting young lawyers

Young lawyers are product of Nigerian environment. They are exposed to the evil in the society. They suffer ‘Quick money’ syndrome. Some young lawyers envy successful lawyers without knowing what these old lawyers went through to be successful in the profession. These greedy lawyers do not last in the profession, while the hard working ones do.

Criminal justice system in Nigeria

Our system is old and need to be changed. The criminal code, which is as old as colonialism, has lost its usefulness. The code compounds society’s effort to attain justice in the system. For instance, we have cases of innocent people spending years in prison without being given the opportunity to prove their innocence. We also have cases of those who are guilty spending many years in the prison without trial. Until we have a standard democracy, the criminal justice system will remain as bad as it is in Nigeria.

Constitution
We don’t have a constitution in Nigeria. We have been having a body of military decree, which are not the same as the constitution because their characteristics differ. For instance, what we had in 1999 is ‘Decree 24 of 1999’ imposed on Nigerians fraudulently by the Provisional Ruling Council (PRC), which consist of only 26 members. With that, Abdusaleem signed it into law. Then all Nigerians above 15 years were signatory to that decree through their votes in a referendum. They said we should refer to that decree as constitution and not a decree, which is fraudulent and it is not supposed to be so. As the supreme law in Nigeria, we are using ‘Decree 24 of 1999’ as imposed on us by the military. That decree will kill Nigeria unless Nigerians are allowed to make their own constitution themselves.

Rejecting cases

I reject cases when all the facts of a case do not tally with my own principles of law. For instance, if you commit fraud and you want me to use law to defend you, I will not. Rather, I will use the law to help you through the normal system, when you must have admitted you committed such crime, then I can plead with the judge to reduce your rate of punishment.

Influence of the environment as the president of CDHR

As the president of Committee for Defence of Human Right, we have engaged in campaign against corruption over the years. Even before I became the president, we went to court on behalf of victims of human rights abuses and we have also collaborated with the police to reduce human rights abuses in police stations, among others.

Challenges

My challenges in the legal practice are enormous. We have political system that is not truly democratic, the rule of law is in danger. When the rule of law is in danger, the legal practice is also in danger. The United Nations has a principle that governs the legal practice in a democratic society, but Nigerian government has violated those principles. The greatest challenge to legal practice in Nigeria is illegitimate and undemocratic government. When there is no rule of law, the legal practice will continue to be endangered.

Advice to young lawyers

They should devote themselves to reading because law profession is about reading, writing and researching. They should see themselves as activists for the enthronement to the rule of law.


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