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KEYNOTE ADDRESS DELIVERED BY THE MR. YAKUBU CHONOKO MAIKYAU, OON, SAN, PRESIDENT OF THE NIGERIAN BAR ASSOCIATION, AT THE OPENING CEREMONY OF THE 2023 ANNUAL CLASFON CONFERENCE HELD AT LA KINGS HOTEL, 31 STADIUM ROAD, PORT HARCOURT, ON 3 AUGUST 2023

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THEME:  THE LORD IS OUR LAW GIVER (ISAIAH 32:23)

KEYNOTE TOPIC:

LAW AS AN INSTRUMENT FOR NATION BUILDING: EXPLORING INNOVATIONS

INTRODUCTION:

What is Law?

The correct answer to this question remains a matter of great disputations as there is no generally accepted definition of law. One author had boldly asserted that law can never be defined. Law is a complex phenomenon that touches on every aspect of human existence, and the debate on what is the basis of law, the source of the law, and the relationship of law to morality and justice persists. These debates on the meaning of law crystalised into what we know as the schools of jurisprudence – the natural law school, the positivist school, the sociological school, the historical school, the realist movement, etc.

I will, however, not be burdened by these academic arguments on the meaning of law, rather, I will, for the purpose of my task this morning, take a very simplistic position and define law as the body of laws, rules, orders, policies and conventions in any given society that defines the relationships among members of the society, prescribes functions, duties and obligations and allocates benefits, rights and privileges.

Law is an instrument for social control/order that serves as a guide for human behaviour and provides institutionalised means of settling disputes. It is an instrument of social cohesion that provides check on individual tendencies. The law constitutes the principal organs of power and regulates them. It communicates and enforces the values of the society while protecting individual rights and liberties.

The law is also an instrument of economic, political, and social change. As noted by one learned author, it is a veritable tool in bringing about innovations in the society. The law is necessary for the achievement of smooth transition from one stage of development to another for the good of the society. It is part of the social machinery used in enabling planned changes and improvements in the society in an ordered manner and the redefinition of relationships between individuals and groups.

Background to the Theme (Isaiah 33:23)

The nation of Israel in the time of Prophet Isaiah was besieged by many troubles brought about by her own disobedience to the laws of God. It was a nation in distress and in need of help – they needed God’s mercy and salvation.

Amid their gloom, the message was that God would arise and be exalted. The nations of the earth would hear of the deeds of the Lord for His people, and they would acknowledge His power. Although the judgement of God will come, verses 15 and 16 specify the category of people who will not face judgement. Verses 17 to 25 describes the salvation and the restoration of Isarel.

MAIN DISCUSSION

Nigeria: a nation in distress  

Our country, Nigeria, is in similar state like the nation of Israel in the days of Isaiah. We are besieged by diverse troubles on all sides; security, economy, administration of justice, all are in a bad state. The highways are deserted; no travellers are on the roads. The land dries up and wastes away (vs 8) are phrases that we have become all too familiar with as they are our current reality.

I recall that as a young lawyer, I would travel from Sokoto to Abuja, to Bida, and other parts of the country, in my car, driving alone no matter the time of the day without any fear of harm. Today, such would be considered a reckless behaviour. Currently in Northern Nigeria, hectares of farmlands lie in waste, uncultivated, as farmers are afraid to enter their farmlands for fear of bandits. Many communities have been banished from their ancestral homes by these bandits, herdsmen and/or boko haram. In the South-East we have heightened insecurity and a crippling economy brought about by the incessant sit-at-home orders from non-state actors and the activities of unknown gunmen. Kidnappings, daylight killings, in addition to the untold economic hardships, are just of few of what we have had to contend with in recent times.  

Nigeria is in distress and her people are in dire need of a nation that works. The task of Nation building has become almost impossible, leading to lack of faith in the Nation. Citizens have, for the most part lost faith in the leadership and there is a huge trust deficit between parties. There is mass exodus of young professionals who are otherwise supposed to be engaged in the task of nation-building.  

What can be done about this?

Nation Building  

Building a nation (on a microscopic level) is like building a house. It begins with a man. The man has a vision: the vision produces a plan and part of the plan would involve acquiring a land and building a team (of architects, engineers, masons, laborers, suppliers, plumbers, carpenters etc.) The vision is communicated to the architect who puts it down (translates it) to a drawing that can be correctly interpreted by a civil engineer and he in turn translates it to the workers.

Everyone involved in this building project is bound by the LAW: The law of the community where the building is situated, the laws of building construction and the law of (the vision) of the owner. A contravening of the law at any given point may be covered up, but it would not be forever; it would only be the seed of a future disaster, the consequences would be the fruit – the building can be demolished by the government (not minding its completion), the building can collapse with or without warning, or it may even be something that a change of weather and seasons would expose.

At the completion of the house, the man has to build a family (or bring in an already built family) to make the house a home – they would need the law to do that successfully as well. If everyone can do whatever they like, without the guiding hand of the law; urination can be done in the kitchen, washing can be done in the sitting room, cooking can be done in a bedroom and one day the house would go up (or should we say come down) in flames! The beauty and maintenance of the home would depend on the making and keeping of the laws of the home as well as the innovations that are introduced to keep us in touch with the times and distinct from the animal kingdom.

What I have just described is not far-fetched. When God wanted to build the nation of Israel, he picked a man – Abraham the progenitor. The Lord communicated His vision to him in different ways, exposing him to kings and leaders of other nations. One day, the Lord had to discuss the destiny of another nation and He was clear as to the reason behind his choice of a man: Genesis 18:17-19: And the Lord said, “Shall I hide from Abraham what I am doing, since Abraham shall surely become a great and mighty nation, and all the nations of the earth shall be blessed in him? For I have known him, in order that he may command his children and his household after him, that they keep the way of the Lord, to do righteousness and justice…”

God’s comment on Abraham tells us about His almighty perspective on nation building. He is the builder of all things (Hebrews 3:4) this includes nations. He gave nations their boundaries (Acts 17:26b), He gave nations their inheritances (Deuteronomy 32:8) and He is our law giver (as our theme says). He welcomes the service of humanity in the building of a nation and just as all hands must be on deck in the building of a house, all hands must be on deck for the building of the nation. God has not changed His method for nation building: build the people – spiritually, mentally, and physically; they will in turn build, maintain and improve on the physical structures. God built the people in Egypt and the wilderness before taking them to the promised land.

Law as an Instrument of Nation Building

Every organized system follows laws (science, technology and even life as a whole) No civilization can be sustained without law… and I can make bold to say none has been built without law and the evidence of this is spread over the different pages of history. To me, the law is not just an instrument for nation building, it is the raw material for nation building: from the foundation of it, to the running of the national affairs.

Human nature is evil at the core (Jeremiah 17:9) the implication of this is that as the world changes or improves with technology, the nature of man and his use of these things have no improvement, so innovations can be used to promote more evil. The law must be ahead of the game in keeping sanity and preventing decay, therefore innovations should be used righteously. As the first century lawyer reminds us in 1 Timothy 1:8-10 the law is good if one uses it lawfully, knowing this: that the law is not made for a righteous person, but for the lawless and insubordinate, for the ungodly and for sinners, for the unholy and profane, for murderers of fathers and murderers of mothers, for manslayers, for fornicators, for sodomites, for kidnappers, for liars, for perjurers, and if there is any other thing that is contrary to sound doctrine.

God is the source of all wisdom, so innovations come from Him. We must trust His wisdom and receive His help. God is ever willing to help, as long as we can mean what we say in our pledge “So help me God”, for “unless the Lord builds a house, the builders labour in vain” (Psalm 127:1) in other words, the labours of our heroes past and heroes present would all be in vain without His help. The second stanza of our national anthem – a prayer to the God of creation (who created the earth and everything we see out of nothing) – is requesting His direction and guidance in building a nation where peace and justice reigns, which are the finished products of the law.

The Role of the Christian Lawyer in Nation Building

Our generation of lawyers is bedevilled by what I believe to be the loss of identity of ‘the ideal Lawyer’ and this has, in no small measure, militated against our ability to function in our primary calling as lawyers – the call to serve Justice. We have largely failed to realise that we occupy a privileged position as members of the legal profession and this lack of understanding has kept us from discharging our primary responsibility of providing leadership and guidance as socio-economic and political change agents in our nation, Nigeria.

The psalmist asked the question, “if the foundation is destroyed, what can the righteous do?” (Psalm 11:3). He didn’t say the righteous can do nothing, instead it is expected of the righteous lawyer to ask questions “how did the foundation get destroyed?” – the builders ignored the law of foundations, so “what can the righteous do?” – a number of things, and one of which is exploring innovations, as well as improving on the available innovations.

The task of leadership and guidance can only be undertaken when, as legal practitioners, we live for the direction of our people and the advancement of the cause of our country. This is surely noble!!! And to carry out this noble task, the Bar must conduct itself professionally and ethically as only then will it gain the respect that will enable it to earn the confidence of the people for the discharge of the noble responsibility. The critical position and role of lawyers in the nation was underscored by His Lordship, Sir Adetokunbo Ademola, CJN (of blessed memory), when he made the following profound statement: 

“The respect in which the Bar in any country is held is the best indicator of the freedom in that country.”

Earlier, the first Nigerian called to the English Bar, Sir Christopher Alexander Sapara Williams, had noted that “the legal practitioner lives for the direction of his people and the advancement of the cause of his country”. This is why, as one privileged to lead the Bar at this time, I have made it a duty to call on lawyers to return from our place of abdication and assume our position of responsibility, working and walking in the nobility of the profession. And who better to lead this charge than the Christian lawyer. The Christian lawyer is in the best position to use the law as a tool for nation building.

As Christian lawyers, we must move away from the mindset of service for pay and move on to the more excellent way, of service to the fatherland – of nation building. Like Nehemiah, we must receive a burden to see a better Nigeria. Jesus had told us that we are the salt of the earth and light of the world. The salt doesn’t complain of the things around it, it just lets its impact be felt, in the same way, the light doesn’t complain of the thickness of the darkness – it just shines and naturally dispels darkness! When Joshua had to lead the nation of Israel (his own part of the building) God gave him the law as his guide and guarantor of good success (Joshua 1:8). May our gracious Lord grant us good succeed in our quest to build a nation where peace and justice reigns, in Jesus name, Amen.

The Holy Spirit in the life of a Christian Lawyer is the source of inspiration. He helps us to identify areas that have inhibited the growth of the Nation and the need for change. He also helps us to apply the law and to navigate the often-troubled waters of nation-building. Dependence on the Lord through the Holy Spirit as the ultimate Law Giver and applying His principles is the only way to succeed in enthroning righteousness through the instrumentality of the law.

Verses 5 – 6 conveys the promise that the Lord will make Jerusalem his home of justice and righteousness, just as He will do in Nigeria. He will be our sure foundation, a rich store of salvation, wisdom, and knowledge. But there is one condition – the key to this treasure is the fear of the Lord! To have the new Nigeria we hope and pray for, we must be deliberate about enthroning righteousness by our life and work.

My message today is that God will arise and be exalted in Nigeria. The nations of the world will hear what the Lord will do in Nigeria and acknowledge his power. Of course, the Lord’s judgement will be upon all wickedness and against evil people. But those “who walk righteously and speak what is right, who reject gain from extortion and keep their hands from accepting bribes, who stop their ears against plots of murder and shut their eyes against contemplating evil” will be spared judgement, and they will eat the good of the land (Isaiah 33: 15 -16).

Verses 17 – 25 speaks of the salvation and restoration upon the people and what it would be like – even the lame will carry off plunder. This speaks of so much abundance. When the lame can get his portion and carry it home without being waylaid, it means that there is more than enough to go round. The prosperity will be all encompassing, such that no one living in Zion will say, “I am ill”; and the sins of those who dwell there will be forgiven.

CONCLUSION                   

We all know that “Rome was not built in a day” – it took many long years to build it up to a great city, the seat of the world power at the time, but a much shorter time for its collapse. Its decline started the moment lawlessness became a part of its system, but speaking of the building, the Romans were masters at improving on and expanding on existing innovation. They built aqueducts, arches, dams and even “the Roman roads” – an innovation which Paul (a first century lawyer) took good advantage of in his spread of the gospel from one Roman coast to the other, raising not just students (disciples of Christ) but also law-abiding citizens in the societies they lived in. Christians are exhorted in his letters to be obedient to the governing authorities of the land and in His summary of the Christian attitude to life, he wrote “…against such, there is no law” Gal 5:23

The Desired growth and development as a Nation can only be achieved when we go back to the real Source of the law; our Lord Jesus Christ (Isaiah 33:23). As Lawyers, we must take the lead, in putting our Nation back to the path of National Development. The Society is looking up to Lawyers and particularly Christian Lawyers, who have been bought with a price and have been placed as representatives of the Lord, here on earth. We must take up that challenge, and our Nation can only grow, when we think outside the Box and explore new innovations, in an ever-changing society.         

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