In recent times, the importance of the law in our lives has been well-dramatized by the plethora of cases in the courts, and although this may point to the troubled nature of our society, one major gain is how it has turned so many Nigerians into "lawyers". There is now hardly a day that I do not run into someone quoting portions of the Constitution, or offering free legal opinion.

A discussion of Nigeria's politics and the dramatis personae of the moment often leads inexorably to copious quotations from the Constitution with "unlearned" persons banging the table and insisting that they have the final word on the matter. I find such sessions amusing, but when the emergency, self-made wig begins to argue that the Nigerian Constitution is very clear on a particular matter, I quickly tune off. Often the section that he says is so clear is either being quoted out of context, or he is a victim of his own lack of background knowledge of the rules of interpretation of statutes. But it is not difficult to see why there is so much enthusiasm for the law in our society.

The Courts have become very prominent in our lives. One reason is that we are in a democratic era and in spite of the lawlessness that pervades the land, there is still relatively, an attempt to accord the judiciary its due place. The courts have also substantially discharged their duties with a great sense of historical importance, lawyers involved in litigation have become a common presence in the media offering opinions on the dramatic legal issues of the day most of which deal with the organization of the Nigerian state and the rights of parties to it. The Nigerian people take a keen interest in the issues that are discussed (fiscal federalism, the electoral process, the disqualification of candidates, human rights etc.) because what is at stake for them is not just the interest of particular litigants but the future of the Nigerian state. And so naturally, discussing the law, and commenting on the law has become a common pastime. The law is no longer being left to the lawyers as a result. Out there on the streets of Nigeria, especially among the middle class is a growing population of bathroom lawyers, laymen acting as legal luminaries.

A second reason is the attractiveness of the legal profession. Lawyers and judges are a special breed in any society, they are even more so in the Nigerian society. They belong to a profession that dates back to the time of King Solomon, resolving a maternity suit, and even long before then to the time of Moses, the law-giver. Lawyers and judges have made themselves even more noticeable because the law profession is organized as an exclusive community divided into the Bar and the Bench. In their interactions, lawyers refer to themselves as my "learned friend". They alone are supposed to be learned, and they make heavy weather out of this. You may be a Professor, you may have five university degrees and you may have gone grey from reading too many books, but in the purview of the legal profession, you are not learned, you are only educated. Lawyers rub it in by referring to others as "unlearned", and to really intimidate you, they launch into a special lingo in the course of a normal conversation, and although this is no more than a few Latin expressions which codify legal principles, the very sound of the phrases, and the pomp with which the words are rolled off the tongue makes the non-lawyer look really ignorant and excluded.

It is as if some nuggets of wisdom are beyond his reach and these are in the possession of ordinary-looking men who suddenly become giants the moment they call themselves "learned friends". Judges are even more intimidating. They call themselves "brothers". They are addressed as "My Lord" and everybody treats them and the courtroom where they work with deference. The "friends" appear before the "brothers" to argue over cases, in a space, that is by all standards no more than a room but which is now elevated to the status of a temple: "the temple of justice" and after a long ritual, and much ado about issues that appear mysterious to the layman, the judge gives a ruling and all the "friends" in the court chant in unison: "As Your Lordship pleases". Every year, the lawyers and the judges gather and have dinner. Their garbs are also of a special variety. For centuries, lawyers have preserved this special aura of their profession. To be admitted into the fold is the equivalent of a rite of passage in a Brotherhood. And members of the society, the laymen, have learnt to respect the profession and its members. The title "Barrister" which some lawyers have adopted as if it were their first names is almost always uttered with veneration.

That the legal profession is a noble, learned, puissant and highly respected profession is indeed not in doubt. This derives mainly from the centrality of law to the making of a good society. Without the law, prescribing limits of human conduct and obligations in every circumstance and penalties for violation, societies will be anarchic as every human being will be free to do as he wishes. Law is not just a social modulator; it touches every aspect of human life. And this perhaps also explains why laymen find it so difficult to leave the law to lawyers. He or she who is called a layman has a sense of right and wrong, and a fair understanding of how society should be run on this basis.

But it is also because of the peculiar nature of the Nigerian society that laymen seem to have resolved that law cannot be left alone to the legislature, the Bar and the Bench. Lawmakers have been accused of corruption. Lawyers, in spite of the beauty of the white wig and the gown have been accused of all forms of malpractices. The public has witnessed situations in which compromised judges stood the law on its head. Impatient laymen complain about the slow, grinding machinery of justice. Many Nigerians do not also think that the administrators of justice should be allowed to have a monopoly of wisdom.

Hence, the many legal arguments in offices, bar rooms, pepper soup joints and more dignified places. I observe that the Constitution has become a very popular document. Many educated Nigerians can quote portions of it that have been made popular by recent cases. They know that Section 162 deals with Revenue Allocation (the Resource Control case), Section 7 with the creation of local councils (the Lagos state case), Section 308 with immunity of certain officers of the state (Anambra, Bayelsa, Ekiti, Plateau), section 137 with disqualification of candidate for the Presidential election (the Atiku case); Section 188 dealing with impeachment of a Governor or Deputy; provisions of Chapter 4 dealing with Fundamental Human Rights are also generally popular.

Laymen not only quote the Constitution, they insist on their right to interpret it. And so in recent times, I have been treated to not-so-legal commentaries on the role of INEC, the Electoral Act, whether or not the elections will hold as scheduled, and the implications of Atiku's disqualification, Ngige's victory at the courts, the death of the AD Presidential candidate Adebayo Adefarati, and whether or not President Obasanjo can stay beyond May 29. The media has also made the law more popular by footnoting every major issue of the moment with legal opinions and references. Ahead of the Supreme Court ruling on the Atiku case on Monday, April 2, and on April 20, there have been many rulings already that have been offered by laymen purporting to act as judges. If our judges listen to public opinion, they would never be able to do their job!

Usually, the layman has memorized a few sections of the Constitution and he is armed with a number of Latin phrases (locus standi (this is very popular), or nemo dat qoud non habet, audi alterem patem..." and some legal principles about precedents and how morality is not law. He knows Lord Denning. And he has mastered the cliches: "I put it to you..." and "I rest my case". If you try to offer some suggestions, you are likely to be reminded by the layman that he took some courses in law in school also: usually Commercial Law, or Law of Banking and Finance, and for social science graduates, some knowledge of Constitutional Developments, Criminology, International Law and Jurisprudence. With this roadside knowledge of the law, the layman assumes extensive rights. The more difficult ones are those who hold a Diploma in Law, or who dropped out of a Law Faculty. One such fellow once announced that he has made more contributions to the cause of justice than all lawyers in Nigeria!

According to him, word had gone round the neighbourhood where he lives that he was a student of law in one of our universities. Neighbours began to call him "de Law"; "Barrister". Before he knew what was happening, every disagreement in the neighbourhood was brought to him for adjudication, and in a short while he had handled tenancy and land disputes, matrimonial matters, law of contract cases and so on. "I have saved more marriages in this town than many law courts", he boasted. But does that make a lawyer? Does that give him the right to act like the Supreme Court of Nigeria on issues that are beyond him? There have been celebrated cases of determined laymen who decided to don the wig and the gown and pose as lawyers. You would imagine that the law profession is well protected, but it has also attracted its own fair share of quacks in the same manner as the professions of medicine, architecture, acting, insurance and engineering.

But the enthusiasm for the law that is expressed is to be encouraged. The fascination with the Constitution is particularly good. What is unfortunate is that this legal consciousness and the passion that goes with it can be found only among a minority of Nigerians. The teeming masses do not believe in the law; they have no faith in the administration of justice, they are suspicious of lawmakers, and officers of the law. The effect of their cynicism is evident in the equal, if not more pronounced spread of criminal conduct in the land. Many of our compatriots believe that they can do anything and get away with it, and so they deliberately take the law into their hands, including inflicting corporal punishment on judges and lawyers, and wanton disruption of public peace and the destruction of lives and property. "Wetin concern me with court?" is a common refrain.

By far, however, the biggest threat to the rule of law is the lawlessness of government officials, institutions of state, and the political elite. The Chairman of the ruling party, PDP, once publicly overruled the courts on a Constitutional matter. The Federal Government chooses which law to obey or respect. Public institutions also defy the law, and the office of the Attorney-General of the Federation and Minister of Justice often stands the law on its head! In the run up to the April 2007 elections, legal issues have become even more important. There can be no doubt that more laymen will comment on the law and offer rulings, but what must be encouraged is a civilized response to the law not the brutish, overreaching conduct of the man who treats the law with contempt or the political animal of raw ambition.

Administrators of justice must learn their lessons from this ambidextrous response to the law by the Nigerian public. Law from the layman's angle is not law, but it defines the social context of legal practice and justice. Judges are expected to be impartial unto death, while lawyers are enjoined to be gentlemen and officers in the temple of justice. These expectations will be called to test, now and in the immediate future. When next a layman purports to know more law than the blindfolded lady with the sword, and he insists that the Constitution is very clear, or that the law is categorical, I want to be able to tell him confidently to consult a lawyer and seek the interpretation of the courts, or at best attempt to study law properly and become a true lawyer.

Robot  # 1 | 01.04.2007 08:16

A Nation Of "Lawyers" By R...Read the full article.

Anon  # 2 | 01.04.2007 10:40

I guess Ruben had to write something to meet his deadline? and obligations to the paper or else please can someone tell me what he was trying to say in this article?

Eagleplustar  # 3 | 01.04.2007 13:36

Anon wrote: "I guess Ruben had to write something to meet his deadline.....can someone tell me what he was trying to say in this article?" The answer to your question is quite simple...READ IT AGAIN!

Anon  # 4 | 01.04.2007 14:17

=Eagleplustar;165183>Anon wrote: "I guess Ruben had to write something to meet his deadline.....can someone tell me what he was trying to say in this article?" The answer to your question is quite simple...READ IT AGAIN! I just took your blank advice again and could make no head or tail of what he intended to convey in this article. A complete waste of newspaper space by a supposedly knowlegeable scholar. Maybe more brilliant and intelligent folks can help me here? I don't know this Eagleplustar person seeing that he is relatively new himself on the square with only 16 vacuous opinions posted across these boards and so I hesitate to put you in the category of those who can help me out here...

Eagleplustar  # 5 | 01.04.2007 17:26

Heh…heh…heh…this Anon guy makes me laugh oh! He demonstrated a poor knowledge of English comprehension and indeed publicly asked for help. In response, I implored him to read the article again. And simply because he still couldn’t fathom out the thrust of the article, he decided to blame the writer and attempted to portray me as the failure in English grammar! What else should one expect from this web site, for God’s sake! It’s only on this site that every ***** tries to hide behind the garb of a masquerade to pretend to what they are not. Here, we don’t only see demagogues, tribal champions etc, we now also have to contend with fools who blame others for their ignorance? Hear our dear little Anon, “I don't know this Eagleplustar person seeing that he is relatively new himself on the square with only 16 vacous opinions posted across these boards and so I hesitate to put you in the category of those who can help me out here...” Boy, you don’t have to know me in person and neither must I make the NVS my second home before I can make a meaningful contribution to the site. Next time, read every article with an open mind, imbibe some modesty…you don’t need a genius to help you out here. And try to use simple words that you can spell right…..or who are you trying to impress when you are still so poor in comprehension…your fellow high school kids?

Auspicious  # 6 | 01.04.2007 18:26

=Eagleplustar;165238>It’s only on this site that every ***** tries to hide behind the garb of a masquerade to pretend to what they are not. Here, we don’t only see demagogues, tribal champions etc, we now also have to contend with fools who blame others for their ignorance? Oh Gosh! Here we go again... Another JJC has to get the 'Acid Bath' before he learns to watch his tongue? Auspicious.

Anon  # 7 | 01.04.2007 20:09

=Eagleplustar;165238>Heh…heh…heh…this Anon guy makes me laugh oh! He demonstrated a poor knowledge of English comprehension and indeed publicly asked for help. In response, I implored him to read the article again. And simply because he still couldn’t fathom out the thrust of the article, he decided to blame the writer and attempted to portray me as the failure in English grammar! What else should one expect from this web site, for God’s sake! It’s only on this site that every ***** tries to hide behind the garb of a masquerade to pretend to what they are not. Here, we don’t only see demagogues, tribal champions etc, we now also have to contend with fools who blame others for their ignorance? Hear our dear little Anon, “I don't know this Eagleplustar person seeing that he is relatively new himself on the square with only 16 vacous opinions posted across these boards and so I hesitate to put you in the category of those who can help me out here...” Boy, you don’t have to know me in person and neither must I make the NVS my second home before I can make a meaningful contribution to the site. Next time, read every article with an open mind, imbibe some modesty…you don’t need a genius to help you out here. And try to use simple words that you can spell right…..or who are you trying to impress when you are still so poor in comprehension…your fellow high school kids? Good heavens, I am really getting popular on this square for doing nothing! Especially after I've gone into semi retirement! Our dear big Eagleplustar, Your attempt to sound feebly intelligent is rather apathetic and that you will further allow yourself degenerate to this level of psychosis, over my commentary on Abati’s piece is what surprises me as I neither referred to you nor asked for your help initially. Based on my limited ability with the English language which you most kindly took time to point out above, I was surprised that going through your own rather feeble but few posts, what became immediately obvious to me was that your level of juvenile emptiness, knee jerk commentaries, name calling and if I may add, head bashing, is practically uninspiring for my high school standards. Your repulsive emptiness has shown that you unfortunately appear to know little or nothing about the basic rudiments of intellectual or civilized discourse on these boards. Your are certainly right that I do not know you and I an surely greatful for that litttle respite, and neither do I ever wish to... not even on this site that you seem to ridciule on some level... Your attitude and penchant for name calling 18posts only and going forward since your registered membership in December stands you out as a person of limited conversational ability who lacks substance based on your inability to make any meaningful contribution to this website that any one can learn from as yet. Back to the issue in question, I’m sure the article under reference makes perfect sense to you… even though you have neither come out to categorically say so… well if it did… good on you… A very brilliant fellow you must be...:lol: :lol: I will repeat that it did not to me… so to surely come off sounding like a sanctimonious pseudo cerebral and assuming that everyone else, tribal champion or not, demagogues or not… fools or not… espouses the same understanding like you do, is at best ego massaging… and worse still of a neurotic kind… Please bag whatever understanding you make of the said article and move on, as no one has yet asked for your explanation, least of all myself… I have been most polite to you under the circumstances and I am basically ignoring you this time… but like I told someone else today, kindly allow your twisted mind absolutely no rest by keeping me on your radar… you may very well be better for it moving forward on this square. Enjoy your week!

Eagleplustar  # 8 | 01.04.2007 20:37

Anon just wrote: “I have been most polite to you…” And this was what he meant by being polite: “I don't know this Eagleplustar person…with only 16 vacous opinions posted across these boards….” Dear Anon, how incorrigible could you be? Is your English comprehension so bad that you couldn’t even understand yourself…or was this just a mere case of self-contradictions…or could it be that you didn’t even understand the word “vacuous”? PS: You are making a big deal about my mere 16 or 18 contributions to the NVS so far. Well, I must congratulate you on your career on the NVS! For your info, I have other things to do than take a permanent residence on a web site.

Anon  # 9 | 01.04.2007 20:42

=Eagleplustar;165263>Anon just wrote: “I have been most polite to you…” And this was what he meant by being polite: “I don't know this Eagleplustar person…with only 16 vacous opinions posted across these boards….” Dear Anon, how incorrigible could you be? Is your English comprehension so bad that you couldn’t even understand yourself…or was this just a mere case of self-contradictions…or could it be that you didn’t even understand the word “vacuous”? PS: You are making a big deal about my mere 16 or 18 contributions to the NVS so far. Well, I must congratulate you on your career on the NVS! For your info, I have other things to do than take a permanent residence on a web site. Again big man with adequate and congent vocabulary and comprehensional abilities... Good on you for all your abilities... I agree that you sabi book and English language pass me... Again continue to leave me on your radar, because as for me I'm ready to come out of retirement any time... and take permanent residence on THIS website on your account! The fact that others ignore you and move on does not mean that Anon will so oblige you... if there is anything other villagers know about me it is that I do not tire easily... keep the BS coming at least that way your mere 16-18 posts will continue to increase! Ewu incorrigible!!!

felix  # 10 | 02.04.2007 12:31

Typical Rueben....Vintage Abati!!! The week after Olusegun Obasanjo flattened Odi,...every newspaper columnist in Nigeria took time to condem the human carnage unleashed on fellow citizens by their own government,....some of us "ardent lovers" of Abati picked up the Guardian to read his views, ...rather than condemn evil, Abati was lecturing other media men on how to react to such stories under a democratic dispensation;according to him it is democracy and there should be "a new rule of engagement!".....Ever since , I have never stopped wondering wether there is something like military killers and civilains killers....I mean , is it possible to democratise mayhem??? The week , The National Assembly was up in flames as Obasanjos tenure elongation bid threatened to tear down Nigeria, every media house was following events religousely as Nigerians rallied to tame a hungry despot....that week, Abati for whatever reason best known to him took on the funniest topic he has ever written in his life time;he was rambling about the cleanlines of New york streets!....he went on and on and on about how Lagos looks too dirty when compared to NYC, appparently he just flew in from "obodo oyibo" to "dirty" Lagos....Somehow, others put off the fire, ....Obasanjos ambitions were atleast momentarily checked as Abati was busy praising New York...... Last time, Obasanjos PDP was busy selecting BABAs henchmen to take over from the "fada of IBBs modan Naijeriya", Abati took all of us on a merry go round about one naughty Prof in America whose favourite past time is to feed his kids genitals to ants!..PDP convention "came and went"......,democracy was murderd at Eagles Square......"BABAs" selected officers were "elected"..."leading Nigerian Journalist" Abati was no where to be found.... This week, Adefarati droped dead,...INEC started off by saying elections will never be postponed,..AD asked for postponment,....OBJ went to court even before the old man died to compel INEC not to postpone election , as if citizens of this "Nation of Lawyers" are not aware of the constitutional stipulations regarding the situation we found ourselves..(maybe they are borrowing from Atikus bag of tricks, talk of the more you look , the less you see)..Obasanjos INEC all of a sudden made a U turn and suggested that it will make a final pronoucement on wether elections will be postponed or not by next Thursday....You will expect "leading Nigerian Journalits" of Abatis caliber to use his pen to fasten the goals of democracy ,....but alas what do we have here??? An article about a dicussion between a bunch of laymen over "isi ewu, nkwobi, ngwongwo and odeku" as they tried to unravel the mistery surruonding "locus standi..hopus copus and abracadabra.:D :D :D .....Rueben Abati is at work!!!

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