By Hameed Ajibola Jimoh Esq.
In Nigeria, at the moment, there is no doubt that there is economic hardship on the Nigerian masses. The Nigerian lawyers as part of the Nigerian masses are not left behind in this hardship that has become pandemic. There is also notwithstanding this hardship, the quest for social justice by the majority of the masses.
The less privileged, the common man, the voiceless, the victim of oppression, persecution and other rights violations are always expectant of ‘justice’ and therefore in search for legal remedies (if any) as opposed to ‘jungle justice’! The torture, the trauma, the psychological impact of injustice and or unjust treatments meted on such victim, by fellow man or men and or the security and law enforcement agencies of government or the government itself, and all of those, would compel such victim to become vehement and or eager to seek justice. The failure of him not being able to secure and or ventilate his grievance is likely to instigate him to being out for ‘vengeance’ or ‘revenge’ and in other words ‘jungle justice’, of which the result is likely to cause havoc and chaos and thereby destroy the sanctity and sanity of the land and or the community. Therefore, this paper is of the advice and or recommendations that despite and or notwithstanding the hardship which would have dissuaded and or discouraged a lawyer from pursuing ‘litigation’ and or fight for the social justice of a victim of oppression as a way of upholding the rule of law and social justice, the Nigerian lawyers should still consider ‘litigation’ in priority to abandoning the ‘interest’ and or ‘overriding interest’ of ‘justice’ in pursuing such cause of justice, hence this topic.
In my humble submission and or opinion, there is no amount of how ‘litigation’ as a means of seeking justice is discouraged could really annihilate litigation as a practice in Nigeria. In Nigeria, there are numerous civil matters that could not be dealt with by other means than litigation, aside criminal litigation. For instance: public interest litigation; fundamental rights enforcement suits; freedom of information enforcement suits, could not be abandoned without litigation in their real sense, as the right to enforce these rights are conferred by the provisions of law and in many cases, either by the Constitution of the nation or by statutory provisions, with their respective procedures laid down mandatorily. Therefore, Nigerian lawyers would have no alternative to all these causes of actions where the need arises, notwithstanding the economic hardship. The alleged oppressor and the alleged persecutor would jubilate and celebrate the abandonment of the onerous duty of every lawyer (i.e. litigation) where all lawyers refuse and or reject to take litigation cases as a result of or on the ground of the current economic hardship! More so, the purpose of pursuing the rights to justice is ‘humanitarian’ and divinely rewarded. These should entice and encourage Nigerian lawyers to stand firm in promoting the cause of justice and upholding the rule of law, even at this economic hardship period!
Furthermore, it is my firm belief that where lawyers abandon the above responsibilities, even the lawyers would become vulnerable and would also sooner as could be imagined, become victims of oppression and or persecution.
Furthermore, the non-governmental organisations should make use of lawyers whenever a cause in the areas of civil litigation that I have mentioned above occurs.
Finally, it is my humble advice and appeal to Nigerian lawyers (including my humble self) not to allow the present economic hardship to discourage them or cause them to abandon litigation! They should rather continue to be the ambassador of the nation that they truly are! They should continue to promote the cause of justice and uphold the rule of law! It is also said that ‘an injustice to one person, is indeed an injustice to all’! It is God that provides and I pray that God Almighty continue to aid us in this onerous duty and make abundant provisions for us all!
Email: hameed_ajibola@yahoo.com
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