There mustn’t be latitude for people to violate the law and get away with it---Prof Fagbohun

Professor Olanrewaju Adigun Fagbohun, the Immediate Past Vice-Chancellor, Lagos State University and National Productivity Order of Merit Award winner, has stated that there mustn’t be latitude for people, particularly the rich and influential elites, to violate the law and get away with it, adding that consistent enforcement of laws and imposition of sanctions on violators are key to achieving social change.

He said “There must be no latitude for people, particularly the rich and influential elites, to violate the law and get away with it. Consistent enforcement of laws and imposition of sanctions on violators are key to achieving social change. What sets our system apart, particularly in addressing wrong-doing, and what will continue to raise moral and ethical questions, is the discriminatory approach to violations, “sanctions for the poor and knighthoods for the rich.”  

Professor Fagbohun made the statement in his presentation as the Guest Speaker on Thursday, June 27, 2024, at the Alao Aka-Bashorun Lecture which was part of the Nigerian Bar Association, Ikeja Branch, 2024 Law Week.

The theme of the lecture “Public Governance in Troubled Times: Safeguarding the Rule of Law in Nigeria,” was a clarion call for the legal authorities to do something urgently to correct the decaying legal system in Nigeria.

He said the judiciary must live up to the public expectation. “The clarion call here is that the judiciary must live up to its potential to sanction actions driven by narrow political and economic self-interest, thereby ensuring the realization of the promise of equal justice under the law. While it is common for members of the political class to flip-flop either along party lines or to sustain dominance, privileges, and advantages, it is for the court to remain steadfast in checking system abusers. Our courts cannot continue to be held back from effective service delivery by poor pay, facilities, and infrastructure. This is why current efforts to improve judicial remuneration through the Bill for an Act to Prescribe the Salaries, Allowances and Fringe Benefits of Judicial Office Holders in Nigeria and other Related Matters are commendable. This must be accompanied by effective strategies to hold judicial officers accountable. Only then will the rule of law become meaningful.”

To do justice to the lecture, Fagbohun titled his own paper, ‘Public Governance, Nigeria’s Collective Moral Disengagement and the Rule of Law insisting that though rule of law is important but there is also need for high moral standard for those who oversee the law.

The legal icon and renowned educationist said there is need to bring order to the disorderly legal system, and such action must be deliberate saying “Societal moral disengagement and collective unethical behavior are unlikely to self-correct without deliberate efforts to address underlying causes and promote accountability.”

The erudite Professor said the reason why Nigerian laws have failed to maintain the sanity of the past, correct the disorder of recent decades and generally serve as an effective instruction of social change is because the community of enforcers (by this I mean the executive, legislature and the judiciary) of rules, regulations and standards have been engaged in two types of conspiracies. “On one hand, they patronize one another in maintaining their privileges when it suits them. On the other hand, when they have differences, they make decisions akin to "you hit me, I undermine you.

“A notable example was during the Buhari administration when the Chief Justice of Nigeria was removed, and men of the Department of State Services invaded the homes of judicial officers. Some court decisions were particularly shocking, especially those related to judicial officials involved in malpractices who were left off the hook. These developments lead to daily failures in implementing social and economic policies beneficial to public governance.

He disclosed that there is widespread public cynicism about who will have the courage to initiate change. “Without a doubt, when one looks at the performance of government institutions at various levels, it is difficult not to feel trepidation about our country's prospects. Leaders often act in a manner that is often impervious, disregarding good reasoning and the principles of open and transparent decision-making. He added “As we define our way forward, three things are critical: We must recognize and accept that Nigeria is a country with great potential, and we, as Nigerians, must work to make it succeed.  There is no silver bullet for achieving our national goals. The accumulation of many missteps has brought us to this toxic state. However, the tiny, consistent changes we make going forward will ultimately lead us back to remarkable results,” Fagbohun stated.

He disagreed with the contention that poverty is the root cause of the misalignment of values in our society. He also a “Many contend that poverty is the root cause of the misalignment of values in our society. The argument suggests that the ruling class has continuously impoverished the populace to maintain their domination over the class hierarchy. This results in frustration, loss of motivation, and diminished respect for the law and public institutions among the populace. There is some truth to this assertion, especially considering the flamboyant lifestyles of the ruling elite. However, there is no justification for acting wrongly.

He appreciated the Civil Society Organizations (CSOs) and the media saying they should be lauded for their pivotal roles as catalysts for change. “Impunity flourishes in the shadows, but their dedication, relentless efforts, and vigilant oversight are crucial in elevating public sector performance and steering Nigeria towards good governance. The Nigerian Bar Association (NBA) can amplify these efforts through strategic collaboration with CSOs and the media, particularly by spearheading public interest litigation. This collaboration will transform the effectiveness of public interest advocacy. Currently, the NBA and its members are part of what I term the "Rescue Nigeria Project."  

The days lecture was established in remembrance of the legal icon Alao Aka-Bashorun. Alao Aka-Bashorun led the Nigerian Bar Association (NBA) from 1987 to 1989.

Fagbohun called him, “the legal colossus”