- By Halimah Olamide
Against background of alleged flouting of court orders by previous governments, Nigerian lawyers speak with NPO Reports on their expectations of the new Attorney General of the Federation, Lateef Fagbemi
Prominent Nigerian legal practitioners have agreed that a judiciary that is comparable to any other standard judicial system in the world is what they expect under the newly sworn in Attorney General and Minister for Justice, Lateef Fagbemi, SAN.
In their respective demands made during inquiries by the NPO Reports, the notable Nigerian lawyers said they also have confidence in the ability of Fagbemi to do the right things.
Among those who volunteered their positions to the NPO Reports are former President of the Nigerian Bar Association, Mr. Olisa Agbakoba, SAN, Mr. Wahab Shittu, SAN and Mr. Chijioke Emeka, SAN.
Saying “I feel he will make fundamental reforms to the criminal justice system and general administration of Justice,” Agbakoba said Fagbemi is “an extremely brilliant colleague” who is and holding the record of the first Senior Advocate to appointed at 10 years which is the minimum requirement to be a SAN.
“ I watched the AGF’s appearance before the Senate,” adding that Nigerian legal system requires those critical reforms.
Shittu, in his opinion said Nigeria needs a Judiciary that will have maximum respect for the rule of law.
“I envisage a Judiciary where all the stakeholders, particularly lawyers and judges will be Jurists obsessed with the theory of justice rather than adherence to technicalities; a Judiciary with zero- tolerance for corruption and a Judiciary with zero- tolerance for delays in the administration and dispensation of justice,” he told the NPO Reports
Shittu said a reform- oriented, courageous and disciplined Judiciary that will uphold high ethical standards in all spheres is what the law sector needs going forward.
He added, “We need a Judiciary that will hold governments at all levels accountable and promote responsibility in governance. We need a Judiciary that will strengthen the principles of separation of powers and deepen democratic standards and principles and one that will promote respect for fundamental rights, respect for due process, transparency and support democratic institutions. We also need a Judiciary that will restore public confidence in the justice delivery system as well as promote decent criminal and civil litigation.”
Also, Adam Adedimeji, a former Law Editor and Senior Legislative Aide at the National Assembly said he has no doubt that Fagbemi will perform well in this new assignment.
“He is aware that expectation of Nigerians especially, the bar, on him is high. Don’t forget he is apolitical unlike his many predecessors. As such, he will balance the equation between politics and the law,” Adedimeji stated
Chijioke Emeka, SAN in his opinion believes that former appointees in that position either did not advise the Federal Government on the importance of upholding the rule of law to the continued existence of Nigeria, or the government did not trust them enough.
Emeka said, “The most important thing the Bar and indeed the entire country, needs from the new AGF as the chief legal adviser to the FG is the readiness and the courage to advise the FG to obey any Court orders which have not been set aside.
“Without the rule of law, there would be no legal profession and indeed no country. If a Court makes an order and the government who needs obedience to law even more than the citizenry to be able to maintain legitimate control over the polity, is seen to be flouting the order, what does the bad guy on the street then do?” he queried
Emeka said disobedience to court orders with impunity is the real existential threat the country is facing.
Wahab Abdulahi, a journalist and lawyer, said the expectations of lawyers is for him and his revered office as guaranteed by Section 174 of the Constitution of the Federal Republic of Nigeria to maintain the law and order for the Federation.
“In effect, the Office of the AGF is to guarantee the smooth legality of the workings of the new government. Lawyers would have loved a situation where the government, more particularly the Federal government do obey court orders no matter who is affected. Even if obeying the court order will encourage disobedience to constituted authority. For instance the FG needs to be advised that the moment an order is made by the court, it needs to be carried out.
“Majority of Nigerian lawyers would have loved that the Attorney General of the Federation encourage the executive arm of government to formulate executive Bill that will support the creation of the State Police to help the country’s policing system.
“One would have loved the new AG to encourage or work towards the assurance that the state have the opportunity to have their own prison system as well as enabling power to prosecute cases that has to do with federal agencies of government.”
Fagbemi was sworn in on Monday by President Bola Tinubu. He had since assumed office the same day.