| 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.
.
|