Responsibility For Salvaging And Reforming Nigeria Rests On Lawyers — Y.C. Maikyau SAN
The Chairman of the Nigeria Bar Association Welfare Committee, Y.C. Maikyau SAN on the 27th of January, 2022 delivered a paper at the monthly branch meeting of the NBA Port-Harcourt branch.
In his paper titled: “RECOVERING, REFORMING AND REPOSITIONING THE NIGERIAN STATE- THE ROLE OF THE LEGAL PROFESSION- THE IMPERATIVE OF DEVELOPING THE NEXT GENERATION OF LAWYERS.” the Learned Silk emphasised on the role of lawyers to champion the course of recovery for Nigeria from her current failed or failing state.
“There is an urgent need to recover, reform and reposition the Nigerian State from its failed or failing State status and I submit most respectfully that, the responsibility of doing so rests more on the shoulders of all lawyers, with the imperative to develop the younger generation of lawyers for proper equipping to carry out this task.”
The session ended on an electrifying note with the ecstatic audience and participants cheering the Learned Silk with a loud ovation.
Read the full his paper titled:
RECOVERING, REFORMING AND REPOSITIONING THE NIGERIAN STATE – THE ROLE OF THE LEGAL PROFESSION – THE IMPERATIVE OF DEVELOPING THE NEXT GENERATION OF LAWYERS PAPER DELIVERED BY Y. C. MAIKYAU, SAN, FCIArb. (UK), FICMC.
Protocols
Appreciation
1.1 Nigeria as a sovereign state is being threatened by several factors. There are arguments for and against the position or view that Nigeria is a failed state. Considering the failed state index and the Nigerian realities, some have argued that Nigeria is a failed state while those who disagree, at least, do accept that Nigeria is a failing state and thus. Nigeria can safely be described as a fragile state, some argue.
1.2 The argument and counter arguments by two renown politicians – Senator Uche Chukwumerije (of Blessed Memory) and Senator David Mark (former Senate President), were captured by Dr. Ibata Samuel Ibata in the introduction to his publication titled “A Century After: Is Nigeria a Failed State?”, thus:
“…It took only 21 years to transform Turkey from a feudal state to a highly modernised state today. South-East Asian countries took less than 30 years to move from ex-British colonies to what they are today, Asian Tigers, and are highly developed … one of them, Malaysia, took our palm produce. It took South Korea 18 years to move from 3rd dependent country to one of the third exporters and they have today developed to one of the topmost and it took China exactly 48 years to move from a small status, being described by the West as the begging bone of Asia, to a super power. With our 52 years as a country, a country who took palm produce from us some years back has grown into a prosperous country and turned that product into its main exporting product. How would you describe us now importing it? I can only describe Nigeria as either a failed state or on the verge of being a failed one’’… (Uche Chukwumerije, Vanguard, October, 3, 2012)… ‘‘.. I do not agree that Nigeria is a failed state; we are not on the way to being a failed state either…We may not have done well, but to say we are a failed state is going to the extreme of it and I disagree completely’’ …(David Mark, The Nation, October 10, 2012)”
1.3 Dr. Ibaba, like other scholars, equally took divergent views. Dr. Ibaba, in his paper referred above, held the view that Nigeria is not a failed State, but supported the position that it is a failing State. Dr. Ibaba explored policy issues which in his view, if pursued can rescue Nigeria from failure and in the terms of the topic of this paper, recover Nigeria from its failing state.
1.4 This paper is not intended to make a case for any of the views being held or expressed in the debate, whether Nigeria is a failed State or not. Whether Nigeria as it is, is a failed or failing State, the fact remains that there is an urgent need to recover, reform and reposition the Nigerian State from its failed or failing State and I submit most respectfully that, the responsibility of doing so rests more on the shoulders of all lawyers, with the imperative to develop the younger generation of lawyers for proper equipping to carry out this task.
1.5 Suffice it to say that, if Senators Uche Chukwemerije and the former Nigerian Senate President, Senator David Mark, expressed such views as quoted above in the year 2012, it is wondered if in 2022, Senator Chukwumerije (of Blessed Memory) would have any difficulty maintaining his position and whether, Senator David Mark would not, given our present day realities, add his voice in support of the views held by Senator Chukwumerije.
1.6 The bottom line is that this task is even more difficult today than it was a decade ago, when the two Senators expressed these views. The big question for us is; if the responsibility of recovering, reforming and repositioning the Nigerian State is primarily that of members of the legal profession, are we in anyway, by reason of omission or commission, responsible for or contributed to the plight of our nation Nigeria today?
1.7 I know it is not difficult for us to point at the politicians or elected public office holders, as being responsible for what has befallen our nation. We should however not forget the fact that, there is hardly any political office holder in Nigeria today, who has not benefitted from the services of lawyers in keeping their elective positions; the positions they occupy to operate and implement the policies of the state- they are the operators of our Constitution. When these positions come under attack either through election petition proceedings or other related law suits, they run to us lawyers. They do not go to the Engineers, Doctors, Accountants or other professionals. It is to the lawyers they go for solutions. The question I ask is, how come their need for lawyers is only limited to securing the offices they have been elected into? Is it possible
that lawyers are needed beyond securing their positions, but the politicians decided to limit our participation in order not to allow the lawyers bring to bear their natural contribution to National Development? Better still, could it be that as lawyers, in dealing with issues of governance in this nation, we simply have restricted ourselves to the commercial benefits that accrue to us through the application of our legal knowledge or skills? Do we as lawyers, even know that beyond the provision of legal services in all fields of practice of law for renumeration, we do have at the heart of our calling, the responsibility of leading the process of National Development? The reason, we the lawyers, are the ones to take up this responsivity is not farfetched. We are privileged to be the only professionals that have the wherewithal to lay down and operate the frame works upon which any meaningful national development can take place in Nigeria; this is our training and at the core of any national development, is the need for legal frame works to express any policy conception be it economic, political, security, health, education and other policies of the state. This is a role we must step out to perform and we must not allow any class or group of persons to limit our participation in the affairs of the state to simply, rendering legal services for renumeration. Good as that is, it is merely a secondary responsibility, which attracts the attention and respect of the public or citizenry for lawyers, where national development becomes the primary motivation for the involvement of lawyers in the affairs of the Nation.
1.8 In 2015, the Annual General Conference(AGC) under the leadership of Mr. Augustine Alegeh, SAN, was themed – LAWYERS AND NATIONAL DEVELOPMENT. I was privileged to have delivered a paper at that AGC, titled Expanding the frontiers of Pro-Bono work in Nigeria. I identified what I described as “the natural trail blazing attributes of lawyers” in bringing about National Development. I noted that:
“…the primary responsibility of developing this Nation rests upon us as lawyers and we must have a natural appetite to take the lead in National Development. National Development for a lawyer is therefore more than just a civic duty or responsibility; it is a natural tendency arising from our unique and peculiar professional calling”
1.9 In the book titled, Professional Conduct of legal Practitioners in Nigeria, by Professor J. O. Orojo, references were made to statements by
eminent personalities on the roles of Lawyers in developing nations. (see pages 21 – 25 of the book). It is instructive to reproduce some of the statements hereunder.
a. At the opening of the Accra Conference on Legal Education at the Ghana Law School on January 4, 1962, the late Kwame Nkrumah was reported to have said:
“In a developing country, the first priority is NOT for lawyers trained to conduct litigation between wealthy individuals…. The lawyers needed in a developing state are, in the first place, those trained to assist the ordinary men and women in their everyday legal problems and particularly in the new problems likely to arise through industrialization…Secondly, and perhaps most important of all, we need lawyers in the service of the state, to deal with treaties and commercial agreements and with questions of private and public international law….”
b. Similarly, President Kenneth Kaunda, in an address to the law society of Zambia had this to say:
“The lawyer in a developing society must be something more than a practicing professional man; he must be more even than champion of the fundamental rights and freedoms of the individual. He must be, in the fullest sense, a part of the society in which he lives and he must understand that society if he is to be able to participate in its development and the advancement of the economic and social well-being of its members. The lawyer must go out beyond the narrow limits of the law, because… while the law is the instrument through which society is preserved, in its shape and character, it is the reflection of the society.”
c. Professor L.C.B. Gower, a jurist and well-known legal educator, drew attention to the fact that the public responsibilities of the legal profession in a developing country, are even greater than in the highly developed industrial states. On the needs of such developing countries, he noted inter alia that:
“They need commercial, corporation, and property lawyers if they are to achieve an economic take-off. They need bilingual, international, comparative and constitutional lawyers if they are to survive as states and to enter into large unions which Pan-Africa sentiment and economic development demand…. They need courageous lawyers with the highest ethical standards if the atrophy of the rule of law and of personal and academic freedom and the corrosive growth of corruption, nepotism and elitism are to be arrested, and if military and police power is to be kept within bounds. Most of all, perhaps, they need constitutional lawyers sophisticated in other disciplines if they are to find a viable substitute for the
Westminster parliamentary democracy.”
d. Sir, Adetokunbo Ademola, Chief Justice of Nigeria (of blessed memory), identified the role of Nigerian legal practitioners inter alia, as champions of reform and defenders of human rights. He concluded with a profound remark that “the respect in which the Bar in any country is held is the best indicator of freedom in that country”.
e. Professor Orojo, finally opined thus:
“The Nigerian legal practitioner (as in other developing countries) bears a much heavier responsibility to his society than his counterpart in a highly developed country. In the first place, the Nigerian legal practitioner has to face not only the problems of the developing society but also many of those of the developed one into which Nigeria is moving at a hectic rate; the present rate of change in every facet of life could not have been foreseen.
Secondly, he is one among the very few privileged people in an environment where the vast majority are not only illiterate but also ignorant, superstitious and poor; his social and traditional environment clogs him and he requires to make a great effort not only to break through but to play his proper role of social catalyst.
In the circumstances, Nigerian legal practitioners must be able not only to perform their traditional functions of catering for the professional needs of the citizens, of administering justice and manning the various legal institutions of the state, but they must also be involved in social change; they must be committed to law reform to ensure the harmonization of law with the culture of the people and they must strive to ensure a strict adherence to the rule of law and among other things, ensure that the newly acquired political power is carefully watched and controlled so that it is not used to protect or perpetuate the status quo or class domination. As the watchdog of the people, they must, through their independence and total commitment to social justice, provide the necessary support to sustain equally independent and fearless judiciary, the last hope of man for law and order, peace and progress.”
1.10 The above quoted statements were meant to remind us in 2015, of our responsibilities as lawyers to national development. Seven (7) years down the line, it does seem to me that, if our realities in Nigeria, benchmarked against the failed state index, have brought us closer to the definition of a failed state than we were seven (7) years ago, I am convinced that it is because, we as lawyers, have not deliberately and consciously fully stepped out to perform our primary responsibility of recovering, reforming and repositioning the Nigerian State. While we do have a couple of examples to cite in this regard (the discharge of such duties by lawyers), the actions, impactful as they may be, are either so few to cause the desired results or lawyers have failed to be as concerted as we should, in supporting and sustaining the momentum generated by such actions for the benefit of the Nigerian State. It is either we did not rally around the efforts enough, because we treated them as personal pursuits by those who initiated them or, we do not have the appreciation of the fact that we are all under a duty to support such efforts in the discharge of our primary responsibilities towards National Development. A few of such examples are:
1. The educational policy by Chief Obafemi Awolowo, which transformed the Western Nigeria and set the tone for educational revolution in Nigeria, but was not followed through. The aversion for Western Education gave birth to the menace of Boko Haram in the North Eastern part of Nigeria.
2. Actions taken by Chief Gani Fawehinmi, SAN (of Blessed Memory) in the pursuit of the entrenchment of the rule of law and the expansion of the frontiers of law in the area of public interest litigation.
3. The reforms initiated by Professor Yemi Osinbajo SAN, GCON, Vice President of the Federal Republic of Nigeria, when he was the Attorney General and Commissioner for Justice, Lagos State. One of such reforms led to the establishment of the Office of Public Defender (OPD). It was recorded concerning that reform that:
“The OPD therefore epitomizes a transformation of the Justice Ministry from a defacto “Ministry of Law and Order” under the Military rule until 1999, when under the leadership of Professor Yemi Osinbajo, SAN, as the Honourable Attorney General and Commissioner for Justice, it became a Ministry of Justice where protection of the rights of the citizen is a core objective.”
4. The action by Rivers State Government on the issue of Value Added Tax (VAT) under the leadership of His Excellency, Ezenwo Nyesom Wike, CON, Governor of River State, is an example of the discharge of this responsibility by lawyers privileged to hold public offices. The matter is subjudiced, but either way the matter is decided it will engender reforms and the exercise has awoken the consciousness of the citizenry on many fundamental issues which must eventually be resolved through reforms.
5. The case of Dr. Olisa Agbakoba SAN, past President of the NBA. Suit No. FHC/ABJ/CS/63/2013 between Olisa Agbakoba Vs. The Attorney General of the Federation & 2 Ors. on the financial autonomy of the judiciary. It should be noted that the implementation of the outcome of this effort in the judgment delivered on the 26th day of May, 2014, was supported by the Honourable Attorney General of the Federation and Minister for Justice, Abubakar Malami, SAN because of its positive impact on the financial independence of the judiciary. Similarly, beyond the discharge of his Constitutional mandate, the passion with which the AGF attended to the P&ID matter, must have been motivated by a heart of service to the nation.
6. The position taken by Mr Olumide Akpata, President of the NBA, on the need to look into and strengthen the process of appointment of Judges.
7. These efforts and many more, undertaken by past leaders of the bar for the benefit of the larger society, remain worthy of emulation and call for the support of every lawyer in the discharge of his/her responsibility towards National Development and such, must be sustained by this noble motivation.
1.11 The financial independence of the judiciary is fundamental to the stability of any nation and the efficient working of the judiciary depends inter alia, on ensuring a merit based appointment process of judicial officers.
1.12 The examples of Dr. Olisa Agbakoba, SAN and Mr. Olumide Akpata, speak to the imperative for mentorship and the development of the next generation of lawyers.
1.13 I am not sure there was any deliberateness in the connect between for instance, the actions of Dr. Olisa Agbakoba, SAN as past President of the NBA (2006 – 2008) and the present disposition of Mr. Olumide Akpata as current President of the NBA. One thing however remains undeniable; the positive impact of their actions towards the recovery, reformation and repositioning of the Nigerian State. While Mr. Olumide Akpata may or may not have understudied Dr. Agbakoba, SAN, in building his resolve to serve Nigeria on the platform of the NBA in the manner he is doing, there may or may not have been a conscious and deliberate plan to mentor Mr. Akpata into who he is and what he currently stands for on the pedestal of the NBA.
1.14 We can be deliberate and consciously develop the capacities of younger generation of lawyers, prepare and equip them to take the lead in order to deal with the challenges of recovering, reforming and repositioning the Nigerian State, as the older generation of lawyers provide purposeful guidance in such pursuit.
1.15 To do this successfully in my view, there is a need for the older generation of lawyers to undertake a study of the generational traits of the younger lawyers in order to create the necessary atmosphere for the mentorship that is required to achieve this objective. The younger generation should also do likewise in respect to the older lawyers. There is need for such relationship to be built on this understanding.
2.0 Generational Disconnect
2.1 A major learning point to be gleaned from recent NBA Elections is that there are wide generational gaps within the legal profession. Since its inception, Nigeria’s legal profession has produced approximately 197,000 legal practitioners as at July, 2021. One can split this total into two broad groups of practicing and non-practicing Lawyers. By an educated guesstimate, we can assume that less than half of this number are in active practice within the country.
2.2 Lawyers in active practice can be further subdivided into 4 generations, each with its own set of ideas, expectations, worldviews and approach
to work. Miscommunication and conflict across generations affect productivity, morale, and client satisfaction.
2.3 This generational conflict is worsened by mutual distrust- younger generations blame older generations for refusing to relinquish control and fairly allocate resources. In turn, the older generations believe that the younger generations feel more entitled and less responsible.
2.4 For decades young people have been told that they are the leaders of tomorrow. The subconscious impact of the word “tomorrow” encourages complacency and fails to recognize the reality that today’s actions and decisions define our tomorrow. This mental state breeds a vicious cycle that forces young people to become overly critical with a sense of powerlessness. How can we expect to be impactful in such an atmosphere of mutual distrust?
2.5 The solution to bridging the gap lies in an articulated understanding of the unique attributes of each generation.
2.6 Gen Z Lawyers: Generation Z Lawyers were born between 1995 and 2010 and are the first generation in society to grow up with access to the Internet and digital technology from infancy. They are often referred to as “digital natives” as a result of their devotion to technology. Gen Z Lawyers are the majority of new entrants into the legal profession since 2017. Gen Z Lawyers have no consciousness of life in an authoritarian state.
2.7 Generation Z Lawyers are generally fun loving, well-behaved, moderate, and risk-averse. They tend to be more concerned than older generations with academic performance and job prospects. They are new to the workforce but are likely to have been engaged in one form of business or the other.
2.8 Gen Z Lawyers have a preference for videos, pictures and multimedia and are likely to spend less time reading. They also prefer short form and non-personal communication and are likely to use emojis, short messaging services or social media which may be misinterpreted as being disrespectful by Lawyers from older generations.
2.9 Millennial Lawyers: Millennials are people born in between 1981 to 1996. 4 The name Millennials was coined because they started to
become adults around the turn of the millennium. Millennial Lawyers joined the legal profession in large numbers from 2007-2017.
2.10 As a demographic group, Millennials tend to be more focused on themselves and less focused on others. They appreciate being complimented, celebrated or rewarded for participation. Millennials often have unreasonably high expectations from the workplace as a result of which they tend to change jobs frequently. They look for environments that foster teamwork, versatility and flexibility in the workplace. Millennials currently constitute the bulk of the population of lawyers.
2.11 Millennial Lawyers came into the legal profession around the economic recession of 2008 leading to a higher rate of unemployment and underemployment in their early years. This has been misinterpreted as a rejection of the tradition of pupillage by members of this category.
2.12 Generation X Lawyers: Generation X (Gen X) Lawyers were born between 1965 and 1980 . As children in the 1970s and 1980s, they grew up with reduced adult supervision compared to previous generations. Most Gen Xers attended public schools and benefitted from the generous educational policies of the 1970s and early 80s.
2.13 Gen X Lawyers began to join the Legal Profession from mid-1980s. Many were attracted to join the legal departments of Federal and State civil services. Openings in chambers often involved some uncertainty with fairly hard conditions, as the country struggled with bouts of civil unrest. Their early career was characterized by crisis and uncertainty.
2.14 Today, Gen X Lawyers are in the prime of their career. They represent the largest group of employers in the Legal Profession. Unlike Baby Boomers and Millennials, Gen X have often been disregarded, overlooked and undervalued. They possess cognate experience and skill but struggle with the skills to express themselves through digital platforms.
2.15 Baby Boomers (Boomers): Boomers are defined as people born from 1946 to 1964 . This demographic group became young adults around the time of Nigeria’s independence. In many regards this group enjoyed the social and cultural benefits of the legal profession. In many ways they were tasked with nation-building responsibilities. (unfortunately,
we did not witness the required impact of their action because they were very few) As senior members of the profession, Baby Boomers are mentors and counsellors to younger generations.
3.0 Incursions into Areas of Practice
3.1 The past two decades have been characterized by the steady and continued shrinking of the legal space with several incursions into practice areas traditionally considered to be the exclusive preserve of lawyers. From Corporate/Commercial Practice to Probate and even ADR, Clients are migrating the work once performed by Law Firms to new service providers. Financial Institutions now openly offer services ranging from business registration to Wills drafting to customers.
3.2 More recently, the compulsory Statutory Declaration of Compliance which was traditionally filled by lawyers and executed by Notaries Public was expunged from the amended Companies and Allied Matters Act (2020).
3.3 When the rules change in the middle of the game we can either adapt or go extinct. Inaction is not an option.
4.0 Demand for new skills in the Digital Economy
4.1 The 1959 Committee on the Future of the Nigerian Legal Profession chaired by Former Attorney-General, Mr. E. I. G. Unsworth, C.M.G., Q.C, recognized the need for aspiring lawyers to receive “practical training and examination in certain subjects; a one-year course in book-keeping, conveyancing, procedure, and professional conduct and etiquette.”
4.2 In the digital economy, Lawyers must demonstrate multidisciplinary competencies. The former standard is simply insufficient. Clients expect Lawyers to be proficient at project management, data analysis and deployment of technology.
4.3 It behooves Lawyers to take up specialized courses and key into continuing education programs that teach these competencies. Here again i must commend the current administration of Olumide Akpata for the emphasis on continued legal education. This is what we must continue to do to move from that era when our colleagues were at best enabled. We must of necessity, deliberately insist on empowering ourselves, particularly the younger lawyers.
5.0 Technological Disruption
5.1 Technological disruption occurs when innovative technology significantly alters the way consumers, industries, or businesses operate; sweeping away old systems and habits with faster, cheaper and more robust alternatives.
5.2 Artificial Intelligence, Blockchain, Smart Contracts and Machine Learning are increasingly providing legal and business solutions such as drafting and conveyancing services at much faster and cheaper rates. AI Robots provide 24/7 client interface services. Legal Tech is making laws and analysis available to Clients, thereby obviating the need for personal legal consultancy services.
5.3 Virtual interaction has become a part of our reality, transforming traditional brick and mortar assets into deadweights and liabilities in an increasingly digital world.
5.4 In 2013, I was invited to deliver a keynote Address at a Bar retreat organised by the Ilorin Branch of the NBA on “Developing the Millennial Lawyer”. Between 2013 to date, we have thousands of another generation of lawyers who have entered into the Nigerian legal practice space; the Z generation. What I said in 2013 in terms of the need to understand and support the millennials in order to tap into their great potentials and energy, remains as much relevant for the Z generation. I observed in that paper that
“The Millennial Lawyer in Nigeria is being strangulated from attaining the desired growth or development by a number of factors. These militating circumstances are to a large extent not different from what Nigeria, is contending with as a Nation. This is because we cannot isolate the Millennial Lawyer from the general situation that has choked the growth of the Nation. When we organize seminars and conferences on the Millennium Development Goals (popularly called MDGs), no specific or particular attention is paid to the Millennial Lawyer who among other Millennials, is privileged to be specially trained/ skilled in knowledge that can provide the legal frame work for developing the infrastructures that comprise the MDGs. These Millennium Goals have in the first place become necessary because of the technological advancement that came with the millennium and without a Millennial legal frame work, it is almost impossible to realize the MDGs.”
5.5 I concluded that paper with the following remarks
“We must never lose sight of the fact that, the Millennials as a generation have come to stay and many of them have already found their ways into the work force in different spheres of our endeavours. They need to be strengthened and developed in order to cope with globalised standards of practice which will not be lowered or compromised because of the country where he/she operates. As a matter of fact, on the internet, which serves as a major platform for interaction by the Millennial Lawyer, it is the quality of the services rendered that matter and this is assessed without recourse to geographical location. The Millennial Lawyer needs to be trained, funded and strengthened economically. The bulk of the responsibility of achieving this noble objective rests on the shoulders of our senior colleagues who must first and foremost understand the Millennial Lawyer in order to make investments on him. I believe this is the primary purpose of this Retreat.
This to my mind is one sure way of tapping into the highly fertile mind of the Millennial Lawyers. We must therefore work collaboratively with them and capitalize on the newest lawyers and understand how to harvest their talents.
5.6 In making this call on all lawyers to awake to our responsibility in recovering, reforming and repositioning the Nigerian State, I reiterate my call on older lawyers to support the development of the capacities of the younger generation of lawyers to fit into this role.
5.7 Thank you for listening.
