Awa Kalu
17 July 2008
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Lagos — The point which has been made but not vigorously pursued in the earlier part of this essay is that, the path of legal and constitutional developments which have guided the footsteps of this class are important for the proper understanding of what has shaped their progress.
Though NAFIU RABIU V. STATE (1980) N.S.C.C. 291 had previously been referred to, it is our view that its impact on the exercise of the interpretative jurisdiction of the courts makes it reasonable to refer to relevant dicta arising from the case. The caliber of the Judges empanelled for that case (Udoma, Irikefe, Idigbe, Obaseki, Eso, Nnamani, Uwais) together with the counsel (late Chief F.R.A. William, SAN and Chief Kehinde Sofola, SAN, late) speaks volumes about the formative years of the class of '78. The dictum of Udoma, JSC. (as he was then) has continued to be instructive in the cons-truction of statutes and the constitution.
".. In my Opinion", said His Lordship, "it is the duty of this court to bear constantly in mind the fact that the present constitution has been proclaimed the Supreme Court Law of the Land: that it is a written, organic instrument meant to serve not only the present generation, but also several generations yet unborn; that it was made, enacted and given to themselves by the people of the Federal Republic of Nigeria in Constituent Assembly assembled - for which reason and because it is autochthonous it, of necessity, claim superiority to and over and above any other constitution ever demised for the governance of this country, the unwarranted intermeddlesomeness of the military authority with some of its provisions notwithstanding, that the function of the constitution is to establish a frame work and principles of government, broad, and general in terms, intended to apply to the several communities must involve, ours being a plural, dynamic society, and therefore, mere technical rules of interpretation of statutes are, to some extent, inadmissible in a way so as to defect the principles of government enshrined in the constitution".
"His Lordship emphasized that "... where the question is whether the constitution has used an expression in the wider or in the narrower sense, in my view, this court should, whenever possible, and in response to the demands of justice, lean to the broader interpretation, unless there is something in the text or in the rest of the constitution to indicate that the narrower interpretation will best carry out the objects and purposes of the constitution".
His Lordship noted that he did "not conceive it to be the duty of this court so to construe any of the provisions of the constitution as to defeat the obvious ends the constitution was designed to serve where another construction equally in accord and consistent with the words and sense of such provisions will serve to enforce and protect such ends".
The above case was applied later for the purpose of resolving the questions and issues which arose in Adesanya V. President of Nigeria & Anor (1981) N.S.C.C. 146. That case is a leading authority on the attitude of the courts to the question of locus standi.
It was decided that the law is to be taken as well settled that the plaintiff will have locus standi in the matter only if he has a special legal right, or alternatively, if he has sufficient or special interest in the performance of the duty sought to be enforced, or where the interest is adversely affected or is about to be adversely affected.
The case emphasized that what constitutes all the above will depend on the facts of each case and whether an interest is worthy of protection is a matter of judicial discretion. Such discretion in matters concerning whether or not a plaintiff has locus standi can only be legitimately exercised when such a plaintiff is exercising his civil rights and obligations.
For this reason, the appellant in the extant case who, as a distinguished Senator had taken part in the confirmation proceedings in respect of the second respondent, was denied locus standi.
The appellant admitted that he took part in the deliberations in the Senate on that score and there was no complaint about the procedure adopted during the deliberations.
The appellant's grouse arose from the stand taken by his colleagues on the floor of the senate, having regard to the fact that the appellant was opposed to the appointment. On these facts, the apex court took the view that the appellant was bereft of locus standi to question the power of the President to make appointments in that this could have any adverse effect on his civil rights and obligations.
Although that decision had been criticized in some quarters, such critics appear to take solace in the fact that the Supreme Court softened its stand in Fawehinmi V. Akilu & Anor. (1987) 11-12 SCNJ 151.
Eso JSC, in his concurring opinion in that case, took the view that "... the issue of locus standi has always been held as one of the utmost importance by this court for, in effect, it is one that delimits the jurisdiction of the court, for in the interpretation of the constitution, it is to be hoped that the courts would not possess acquisitive instinct and garner more jurisdiction than has been ascribed to it by the organic law of the land. It is this, I think, that has inhibited your Lordships, and rightly too, in being careful, as your Lordships should be, in treading carefully on the soil of locus standi ...
I think, with respect that the lead judgment of my learned brother Obaseki, JSC, is an advancement on the position hitherto held by this court on locus standi. I think, again with respect, that it is a departure from the former narrow attitude of this court in the Abraham Adesanya's case. I am in complete agreement with the new trend and, with respect, my agreement with the Judgment is with the belief that it has gone beyond the Adesanya's case ... it is the view of my learned brother Obaseki, which I fully share with respect, that "it is the universal concept that all human beings are brothers and assets to one another".
He applies this to ground locus standi that we are all brothers more so in this country where the socio-cultural concept of "family" and "extended family" transcend all barriers". His Lordship then asked: "is it not right then for the court to take note of the concept of the loose use of the word "brother" in this country? "Brother" in the Nigerian context is completely different from the blood brother of the English language ... And when it comes to the law of crime, everyone is certainly his brother's keeper".
Hon. Justice Kayode Eso's analysis of the context of "brother" in the Nigerian sense certainly applies to the relationship which the class of '78 has shared over the years. Whenever there is an occasion, such as the annual conference of the NBA, a member is usually on ground to ensure that his brothers and sisters have a good time. Within very recent memory, Chief Adegbongega Awomolo, SAN, hosted the Ilorin re-union only last year.
In Port Harcourt, the previous year, O.C. J. Okocha Esq., SAN and Dr. T.C. Osanakpo, SAN, took turns, on different dates, to provide appropriate 'jollification'. A few years back, at the last Abuja Conference, during the tenure of Chief Akin Olujimi, SAN, as Hon. Attorney-General of the Federation and Minister of Justice, he presided over a sumptuous reunion party at the Transcorp Hilton Hotel, Abuja. As always, the occasion was relaxing and pleasurable. In case there are members who are not aware of the plans which are afoot for the celebration of the 30th anniversary, such members should get in touch with Olisa Agbakoba, Esq., SAN, President of the Nigerian Bar Association.
A wonderful reunion package is being worked out and it promises to give members a helluva time with their spouses. The constraints of time and space will not permit a more exhaustive recap of the factors that have contributed in shaping the career of this class. However, in summary, it must be emphasized that they were nurtured in the democratic experiment of 1979 to 1983 and imbibed the culture of dictatorship attendant upon military rule between 1984 and 1999.
The frustrations occasioned by shifting and uncertain economic policy have not been lost on members of the class nor has any of them acquired immunity from the culture of violence which has raised the temperature of insecurity in most of the cities where they live. Of course, there is the impetus provided by cross-cultural education and socialization arising from the numerous seminars, and international conferences which several members have attended over the years. A significant percentage of the class had post gra-duate education abroad soon after their call to the Bar.
Another point which must be noted is that, apart from those who had their university education abroad for the purpose of the first degree, a significant proportion were indige-nously educated in the 'Original Universities' i.e. Ahmadu Bello University, University of Nigeria Nuskka, University of Ife, Ile-Ife and University of Lagos, Akoka, Lagos. Could the success of this class be referable to the quality of education received in these universities at that time? Could it be attributed to the economic conditions prevailing over the period of their gestation or maturity, or both? Is there something fortuitous or dominant in their stars that have made them so remarkable?
While you try to fathom the answer, another point which must be underscored is that they were all trained by the pioneers of Legal Education in Nigeria, not only at their individual universities, but at the Nigerian Law School.
In a year, many things can change and so, in thirty years, quite a lot has happened in the annals of Legal Education. For example, from the single campus of the Nigerian Law School in Victoria-Island, Lagos, three more have been established at Enugu, Abuja and Kano - bringing the total number of campuses to four. For this reason, it is possible that a person who trains in Enugu or Kano will not know his counterpart in Lagos or Abuja unless fate unites them at some point in these respective careers.
Consequently, the uniqueness and camaraderie enjoyed by the Class of '78 may never be replicated in the newer sets. The teachers, both at university and other levels, must take their kudos. Those lecturers and professors who made the pioneering effort are still around and must be congratulated.
Quite a few of them are retired but not tired and are continuing, in a dogged way, to make contributions to legal education in this country. We need to indicate that from paltry four original Law faculties, there are now over twenty-eight such faculties in federal and state universities churning out all manner of fully baked and half baked graduands.
We cannot lose sight of the multiple private universities which, presently, are contributing their quota towards assuring quality education for our youth.
Whether the young shall grow remains to be seen. One cannot be futuristic, having regard to ones lack of education in clairvoyance but it is undeniable that the Law School Class of '78 is not finished yet.
There is still a lot to come from a formidable class that boasts of a Justice of the Supreme Court, at least, eight Court of Appeal Justices, three Presidents of the Nigerian Bar Association (another one is incoming) several Judges of the various High Courts across the country including the Federal High Court, seventeen Senior Advocates of Nigeria (more are on their way) captains of industry and many more who are earning their upkeep from doggedness in the practice of our profession.
On our collective behalf, congratulations.
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