7 JULY 2023
PROTOCOL
1. Five years ago, the Commonwealth lost of one of her finest jurists, our own Honourable Justice Pius Olayiwola Aderemi, Commander of the Order of the Niger and Papal Knight of St. Gregory the Great. His Lordship’s transition was an unquantifiable loss not only to the Bench, it also dealt the Bar a devastating blow. This is because my Noble Lord Aderemi JSC was not only an incorruptible judge, he was also a committed Bar activist who served the Nigerian Bar Association wholeheartedly and without blemish. By His Lordship’s death, the Nigerian Judiciary lost a bright star, and the Bar lost a seasoned mentor.
2. Whilst His Lordship’s earthly journey has ended, it is gratifying that the lofty ideals which Justice Aderemi lived for, as a Bar man and as a Judge, continue to thrive. Forty years ago, the then Chief Justice of Nigeria, Justice Atanda Fatayi Williams stated the following immortal words at the valedictory service held in honour of Justice Chike Idigbe:
“Long after the dust has settled on his law books, and the wig and gown have faded, and the voice of the judge had been stilled, and the causes which he championed in the law courts are a distant memory, the judgments which he wrote during his years on the Bench would have been permanently enshrined in our Law Reports.”[1]
3. Whilst the above was said in respect of Justice Idigbe, it is my considered view that it is a timeless statement that is applicable to our own Justice Aderemi in every material respect. The dust might have since settled on the law books, and the wig and gown which were last worn at His Lordship’s valedictory in 2009 would have begun to fade. Yet, 14 years after the exit of His Lordship from the apex Court, and five years after my Lord breathed his last, the judgments which Justice Aderemi wrote during his years on the Bench continue to be permanently enshrined in our Law Reports.
4. When I was informed by my brother, Kunle Aderemi that I would be delivering the keynote address at this 5th edition of Justice Aderemi Annual Lecture Series, I did not hesitate before accepting. When I was further informed that the theme of this year’s lecture is Good Governance, it was the above evergreen statement of Justice Fatayi Williams that came to my mind. I was struck by the fact that close to a decade and half after His Lordship Justice Aderemi had written his last judgments on the Bench, his judgments continue to be of timeless values for our generation and will also continue to be of value to generations yet unborn.
6. I said this because it is on record that a singular thread and a common theme that runs through the more than the 700 judgments[2] His Lordship wrote whilst on the Bench is nothing else but Good Governance. What could be responsible for this? My instinct tells me that a probable reason why good governance is central to His Lordship’s judgment could be the inspiration Justice Aderemi got from the motto of his secondary school, the famous Ibadan Grammar School. As you might be aware, the motto of Ibadan Grammar School is Deo et Partriae which is Latin phrase that means: For God and Country. His Lordship also exemplified the motto of the University of Lagos where he enrolled in 1962 as one of the pioneer students. We all know that the motto of the famous institution by the Atlantic is In Deed and In Truth.
7. It appears to me that everything Justice Aderemi did whilst on earth was “for God and Country, in deed and in truth.” As a citizen, he was a patriot to the core. As a legal practitioner, he was a professional without blemish. As a Bar man, he served the Nigerian Bar Association diligently as Treasurer, Vice-Chairman, and Chairman of the Ibadan Branch of the Bar at different times. As a judge, he was incorruptible, brilliant, and just. As a Christian, he was devout, committed, and Christlike. I believe it is for these reasons that His Lordship was honoured by both his country and the Catholic Church as the Commander of the Order of the Niger and as a Papal Knight of St Gregory respectively.
8. And today, we have all gathered to celebrate the life and time of this great jurist by interrogating a subject that was very dear to his heart and in respect of which he was extremely passionate: the subject of Good Governance, Leadership and Accountability. Good governance is the process whereby public institutions conduct public affairs, manage public resources and guarantee the realization of human rights in a manner essentially free of abuse and corruption, and with due regard for the rule of law. It refers to all processes of governing, the institutions, processes and practice through which issues of common concern are decided upon and regulated.[3]
9. Distinguished Ladies and Gentlemen, the cornerstone of the above definition is, in my humble view, due regard for the rule of law. It is my opinion that one factor responsible for most of the ills confronting us as a nation today is the prevalence of apparent disregard for the rule of law. Whilst it should not be understood that rule of law without more is the proverbial silver bullet that would cure all the challenges we are facing as a country, it is my opinion that entrenchment of rule of law will go a long way in our collective quest to enthrone good governance in Nigeria. A cardinal requirement of rule of law is the absence of rules of whims and caprices, it is the absence of rules according to the dictates and the desires of the leaders, it is the absence of nepotism and favouritism, and of course, it is the absence of corrupt practices in public life.
10. I believe what I have just said in the preceding paragraph was what Justice Aderemi expressed more eloquently in the famous case of Amaechi v. INEC & Ors[4] to the effect that:
“A right that inures to the benefit of the entire public can never be waived. Nobody, not even the State, can waive the rights entrenched in a statutory or constitutional provisions which have been made in favour of the whole country. It is clearly not pro publico but contra publico to introduce the doctrine of waiver to such rights.”
11. It is on this note that I must commend the organisers of this event for their astuteness in coming up with the theme of this year’s Lecture, the 5th in the series. Coming at the dawn of the new administration, it is my view that the Lecture could not have come at a better time. This is actually the best time to set an agenda of good governance and accountability for the new administration in consonance with the Constitution of the Federal Republic of Nigeria. This is more so that the guiding principle of the Nigerian Bar Association is that “we are engaged in the promotion and protection of human rights, the rule of law, and good governance in Nigeria”.
12. The focus of this year’s Lecture also appears to be in tandem with the theme of our 2023 Annual General Conference coming up from 25 August to 1 September which is ‘Getting it Right: Charting the Course for Nigeria’s Nation Building’.
13. If there is any lesson that we could learn as a country from the recently concluded National Elections, it is the fact that a common factor that unites all Nigerians is our quest for good governance. Whether a citizen voter is from Biliri in Gombe State or from Oguta in Imo State or Eruwa in Oyo State or from Bonny in Rivers State, the hymn that is common to all of us in our national book of songs is the chorus of good governance. Of course this is only natural having regard to the fact one of the reasons the People of the Federal Republic of Nigeria gave us ourselves the Constitution as stated in the Preamble to the Constitution is “for the purpose of promoting the good government and welfare of all persons in our country…”[5]
14. It is therefore my view that anything short of good government and welfare of all persons in the country amounts to a derogation of the legitimacy of the Constitution of the Federal Republic of Nigeria. The twin concepts of good government and welfare of all persons must therefore be the index against which the achievements or otherwise of the government must be marked. Every legislation passed by the National Assembly and every decision taken by the Executive must be measured against good government and good governance principles.
15. The Nigerian Judiciary has constantly been categorical about the responsibility of the government with respect to good governance. In the case of Oyelaran v. Olayioye[6], it was held that:
“A government, at any level in the Nigerian Federation, will be found wanting in its social and constitutional duty if it fails to provide the needed clement atmosphere where peace, progress, harmony and security will reign supreme. No electorate will desire and relish in an environment fraught with rift, rancour, upheavals, chaos and insecurity which may snowball into anarchy. Indeed, I believe that the Maxim, Salus populi est suprema lex- the welfare of the people is the paramount law- is an ideal which every government in the Nigerian sovereign state must strive to achieve. In that struggle, such government will be guided by the good words of Jeremy Bentham: “The greatest happiness for the greatest number of people.”
16. It is noteworthy that in his inaugural address to the Nation on 29 May 2023, President Bola Tinubu stated that amongst the principles that would guide the administration and define the government’s “concept of progressive good governance in furtherance of the Nigerian ideal” is that: “Nigeria will be impartially governed according to the constitution and the rule of law.”[7] I am confident that many Nigerians will find comfort in this declaration. It only needs to be added that good governance could only be enthroned where the country is governed in consonance with the rule of law. It is my hope that Nigerians will bear the above-quoted presidential statement in mind and use it to benchmark every executive action to be taken by the government.
17. When we talk of leadership and government, it is not uncommon to focus only on the Executive whilst ignoring other arms of government. Yet, all the three arms of government must work in tandem and not at cross-purposes. One arm of government that has a constitutional duty to ensure accountability in government is the parliament. We are all familiar with the provisions of section 88 of the Constitution of the Federal Republic of Nigeria which empowers the National Assembly to investigate any matter or thing with respect to which it has power to make laws for the purpose of exposing
“corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.”[8]
18. This provision, in my view, is a potent tool that could be used in ensuring accountability in government. In the case of SPDC [Nig] Ltd v. Speaker, House of Representatives & Anor[9], this provision was judicially considered and it was held that:
“The power granted to the respondents is meant to expose corruption, inefficiency or waste within government agencies or ministries.”
19. Often times, we have placed the blame for the challenges we are facing in the country on the doorsteps of the Constitution. The reality is that there is no perfect Constitution in the world. One of the people who recognised imperfections in constitutions generally is our own Justice Aderemi. I believe that we all recall his famous dictum in the case of Obi v. INEC & Ors[10] that:
“Let me point out that no Constitution fashioned out by the people, through their elected representatives for themselves, is ever perfect in the sense that it provides a clear-cut and/or permanent or everlasting solution to all societal problems that may rear their heads from time to time. As society grows or develops, so also must its Constitution, written or unwritten.”
20. Having recognised the imperfections inherent in our Constitution, I dare say that the real question, in my view, is how far have we really followed the principle of organic growth of the Constitution as propounded by Justice Aderemi? I am not unaware of the series of amendments the Constitution has been subjected to from the 1st Alteration to the 5th Alteration from inception till date. However, I believe that of one of the priority areas the new administration should address is the need to undertake a holistic review of the Constitution. The argument has been made that the Constitution having not been made by elected representatives of the people and as a relic of the military does not reflect the true will of the people. It is now more than two decades that the Constitution has become operational with a full-fledged parliament in place.
21. The time has now come for a holistic review of the Constitution based on our more than two decades of experimentation with the said document. We must give credit for the Judiciary for the robust it has given to the Constitution through the cases. It is doubtful if there is any section of the Constitution, from section 1 to section 320 that has not been subjected to comprehensive and judicial analysis by our Courts. However as rightly noted by Justice Aderemi, the task of a judge is different from that of a legislator. In the words of His Lordship in the case of Obi v. INEC & Ors[11]:
“Our problems as Judges should not and must not be to consider what social or political problems of today require; that is to confuse the task of a Judge with that of a legislator. More often than not, the law, as passed by the legislators, may have produced a result or results which do not accord with the wishes of the people or do not meet the requirements of today. Let that defective law be put right by new legislations but we must not expect the judex, in addition to all his other problems to decide what the law ought to be. In my humble view, he (judex) is far better employed if he puts himself to the much simpler task of deciding what the law is.”
22. The Nigerian Bar Association is committed to constitutional reform. We are ready to partner with all relevant stakeholders to ensure that the work of Constitutional Review is undertaken as a national assignment which is devoid of sectoral or political sentiments, for the purpose of engendering accountability and good governance in the country.
23. I have commended the organisers of today’s event for their choice of the theme of this year’s Lecture. It is however my opinion that there is a need to strike a balance between placing the mantle of good governance at the doorstep of the leaders and the role of citizens in the quest for good governance. I have observed that in many fora like this, the emphasis is usually, though not always, on leadership. My question is, what of the followership? Has our duty ended once the votes are counted and announced? Is that the end? Do we have any role in ensuring accountability of our leaders? I believe that justice would not have been done to an important lecture of this nature if we gloss over the role of followership in the grand scheme of things.
24. The point I am struggling to articulate here was succinctly captured by the pan-African professor, Patrice Lumumba in his book, Africa Arise: Selected Speeches by PLO Lumumba when he opined that:
“Promoting good governance and spearheading the fight against corruption is a collective effort. It is not enough for a country’s legislature to enact anti-corruption laws, or its executive to enforce such enactments, or even for its judiciary to give out well-reasoned judicial pronouncements denouncing corruption, if the effort is devoid of public goodwill. This is where the electorate comes into play.”[12]
25. The Constitution is vocal on both the fundamental rights of citizens as well the duties of the citizen. It is our constitutional duties as citizens to make positive and useful contributions to the advancement, progress and well-being of the community where we reside, and to render assistance to appropriate and lawful agencies in the maintenance of law and order. These and more are codified in section 24 of the Constitution.
26. I am glad to notice the elegant presence of the Matriarch of the Bar, our own Chief Folake Solance, CON, SAN, in our midst this morning. Mama’s exposition of the provision of section 24 of the Constitution is one of the most lucid I have ever come across. In her paper on Whistle-Blowing Policy: People’s Policy and Corruption in Nigeria which can be found in her book, A Selection of Lectures, Essays and Papers on Law and Society, the first Lady Senior Advocate of Nigeria stated that:
“Having located the people’s power in the context of the constitutional provision, a disclosure of wrong-doing, as defined hereinbefore, is part of the duties of the citizen. The people’s power ensures checks and balances in a democratic society. Further, it reminds government that they hold their position in trust for the people who voted them into government…”[13]
27. Good governance should therefore not be limited to the leaders and government. Accountability should not be the exclusive preserve of government. There should be accountability in every association we profess to belong to. Recently, the NBA made some giant strides in improving the regulatory frameworks of the legal profession in Nigeria. One of these is the incorporation of the Guidelines and Rules on Anti-Money Laundering and Combating Financing of Terrorism for Legal Practitioners as part of the Rules of Professional Conduct for Legal Practitioners (RPC). It is our expectation by self-regulating herself, the Nigerian Bar Association will be in a vantage position to champion the cause of good governance. We commend other professional associations to take proactive steps to partner with appropriate and lawful agencies in the maintenance of law and order.
28. We must stress the fact that there cannot be accountability without good governance. For there to be a New Nigeria, it is of paramount importance that the sovereignty of the people must be recognised and respected. This is kernel of section 14(2)(a) of the Constitution which provides that: “sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority.” It follows from the above that the people are indeed the employers of the government and not the other way round. Governance should therefore not be shrouded in secrecy at the expense of the people.
29. We must also not forget to make full use of legislation that have been passed for purposes of good governance and accountability. One important legislation in this regard is the Freedom of Information Act. As we all know, the FOIA is an Act “to make public records and information more freely available, provide for public access to public records and information”. We also have the Fiscal Responsibility Act as well as the Public Procurement Act, amongst other reform-oriented legislation. These are important statutes that could go a long way in engendering accountability and governance, if effectively utilized.
30. Lastly, any discussion on good governance and accountability without a mention of the role of the Fourth Estate of the Realm will be grossly deficient. It is a fact that it is the media that is expressly given the constitutional responsibility of upholding accountability by the Constitution. Section 24 of the Constitution provides that:
“The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.”
CONCLUSION
31. It is clear from the foregoing that the quest for a New Nigeria which is anchored on good governance and accountability is the responsibility of all of us. The constituency which His Lordship Justice Aderemi belonged to is Law. It is my view that if there is a profession that is poised to play a fundamental role in our quest for good governance, it is the legal profession to which all of us belong to as members of the Bar and the Bench. We must bear in mind the timeless words of the pioneer of the Nigerian Bar, Christopher Sapara Williams to the effect that:
“The legal practitioner lives for the direction of his people and the advancement of the cause of his country.”[14]
32. Our task therefore is to ensure that we use the privileges of our profession to establish a proactive partnership with fellow citizens and all stakeholders to ensure that our quest for good governance does not remain a perpetual pipe dream. It is the labour we have to perform today to ensure that the future generations will be in a vantage position to sing with the pride: “The labour of our heroes past shall never be in vain”. If we do nothing today, what labour will they sing about tomorrow?
33. May the illustrious soul of our distinguished Honourable Justice Pius Olayiwola Aderemi continue to rest in perfect and peace.
I thank you for your attention.
[1] Sampson Ekong, The Path of Justice Chike Idigbe, Distinct Universal Limited, Lagos, 1999, page 276
[2] Professor Michael Omolewa, Transition of an Incorruptible Judge, https://guardian.ng/features/transition-of-an-incorruptible-judge/ accessed on 5 July 23
[3] See https://www.ohchr.org/en/good-governance/about-good-governance#:~:text=What%20is%20good%20governance%3F,to%20the%20process%20of%20governing. Accessed on 5 July 2023
[4] [2008] LPELR-446[SC]
[5] Preamble to the Constitution of the Federal Republic of Nigeria 1999
[6] [2013] LPELR-20502
[7] https://www.thecable.ng/full-text-tinubus-inaugural-speech-as-president-of-nigeria
[8] Section 88(2)(b) of the Constitution of the Federal Republic of Nigeria
[9] [2023] LPELR-59844
[10] [2007] LPELR-2166
[11] [2007] LPELR-2166
[12] PLO Lumumba, Africa Arise – Selected Speeches, Caltop Publications Nig. Ltd, 2018, Abuja, 394
[13] Chief Folake Solanke SAN, A Selection of Lectures, Essays and Papers on Law and Society, Bookbuilders, 2022, Ibadan, page 24
[14] ‘The Bar and the Hon. C. A Sapara Williams, CMG’, Nigerian Chronicle 3 July 1914 quoted in Omoniyi Adewoye, The Legal Profession in Nigeria, 1865-1962, Longman Nigeria, 1977, page 148
