THIS is the concluding part of a lecture delivered by Chief Wole Olanipekun (SAN) on the above subject matter in this year’s Dr. Akinola Aguda Memorial Lecture held at the Nigerian Institute of Advanced Legal Studies (NIALS). Aguda was the first Director-General of NIALS.

In this discourse, I have striven to do a sketchy appraisal of Law, its definitions and expositions by various and diverse schools of thought, including my own rudimentary knowledge of law. There should be a confluence between Law as it is (de lege lata) and Law as it ought to be (de lege ferenda). For Law not to be endangered, the very essence of its promulgation and existence must always be espoused by law enforcement agencies and abided with by the citizenry. Unequal justice, whether in terms of law-making by the Legislature or interpretation and dispensation by the Judiciary is no justice known either to Law as it is or Law as it ought to be.

Three critical areas have been examined within the context of this paper, that is, security, constitutionalism and corruption. Each of the three of them is critical to the corporate existence of Nigeria. God forbid our entering into the Guinness Book of Records as the foremost country where law is emasculated with impunity. Apart from the actual threat of terrorism, which we face, how does one rationalize the audacity of over 5,000 ex-kidnappers seeking amnesty and demanding for compensation from the Government because they voluntarily surrendered their arms.

How do we also rationalize or defend the retention in our statute books of an antiquated law which stipulates a penalty of N750,000.00 for someone convicted of corruptly making do with or dissipating Pension funds amounting to N23.3 billion? The mockery to which our laws is further subjected to can be clinically analysed if we compare that within the same clime, a hungry man or an unemployed youth who stole the telephone handset of a serving Governor was convicted and sentenced to a term of imprisonment of 45 years by an Osogbo High Court.

Law is very humane, but at the same time regulates and ensures societal orderliness. While some of the law enforcement agencies are permitted to use force when appropriate, Law itself is not ‘might’ and does not pretend to struggle or contend with ‘might’; for ‘might’ symbolizes, in most cases, oppression, repression, suppression, wickedness and anti-social behavior. ‘Might’ should ordinarily succumb to Law, but in a clime where ‘might’ overpowers the Law, the red light is already lit, only for the red card to be flashed. ‘Might’ might be displayed at the instance of the Government against the governed through the breach of law and, as we have in Nigeria today, ‘Might’ might also be unleashed by a section of the governed, both against government, its agencies and institutions, as well as against co-innocent citizens and their properties.

The Baga case is a classical example of a cross-fire between the ‘might’ of Government and the ‘might’ of the insurgents, leading to several casualties on the side of the Government, the insurgents and several innocent citizens and by-standers. Wherever two ‘mights’; as demonstrated here explode and implode, a confluence is usually created which can metaphorically be described as the “valley of the shadow of death”. In each situation, the Law is submerged and societal equilibrium is dislodged, dislocated and displaced. If Law is respected as law, there would be far less corruption in every facet of our national life than we are witnessing now, for Law is already there to checkmate corrupt tendencies. But since Law has been endangered and placed under the jack-boot of ‘might’, whether in the Executive, Legislature, Judiciary, classroom, Boardrooms and even among the Clerics of different religions, it is then incapable of performing its functions and roles at curbing the animalistic and criminal tendencies of man.

A hapless Law attracts a hopeless citizenry; a bankrupt Law breeds impotent people; when Law is inefficient, then the country becomes rudderless; if Law is so frail, then the society is encircled by a gathering of unruly crowd; when and where Law is disrespected, the populace would go astray and whenever it is sub-judicated, anarchy becomes enthroned; at any given situation where Law can no longer tame, criminals are born, bred and raised to the positions of leadership in every facet of national life; when Law becomes the servant, it automatically metamorphoses  to an endangered specie. This scenario is a prelude to what Sociologists describe as a state of anomie. Although George Orwell did not go this far in his best-selling book titled Animal Farm, a state of anomie will usher man into an animal kingdom.

Applying Funk’s principle, we have considered the seven functions of law in this paper, that is, to legitimize, to allocate power, to order society, to control individuals, to adjudge conflicts, to dispense justice and to change society or individuals. The nagging question then arises, that is, has the law in Nigeria fairly or satisfactorily fulfilled any of these functions? The answer is definitely in the nay, if we do not want to deceive ourselves. From the way things are going and happening, it would appear as if some people want Nigeria to prepare the requiem for Law and render its nunc diminitis.

With this humble analysis and presentation, it behoves every Nigerian to have a rethink about our individual and corporate approach to Law, respect it and jealously guard and preserve the Rule of Law. This was what the Akinola Agudas of this world stood for and defended, even in an era that could be described as the days of yore.   We have a more compelling responsibility to subscribe in these days and threatening times to quickly retrace our steps and stop rendering Law as an endangered specie, as any specie that is endangered goes into extinction. Let us ensure that Law does not go into extinction in Nigeria. May I make the point that it is not a question of offering prayers in either or both Churches and/or Mosques without being remorseful or demonstrating penitence. God is not hypocritical. It is a demand for us to render our hearts and not our garments. It is only then that Law can grant us amnesty.

• Olanipekun is Lagos-based Senior Advocate of Nigeria (SAN).