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THE LEGAL PRACTITIONERS AS A CRUSADERbyTaiwo Akinlami

To begin a journey without a destination is the beginning of frustration and distraction. It makes every bus stop attractive. It makes focus impossible because there is no projected end to focus on. It is sign of mental illness to leave a point without a destination in mind.

As we sat on the 28th of September 1999 in the Auditorium of the Nigerian Law School, Bwari, Abuja, being called to prestigious Nigerian Bar, my mind again began to meditate on what the future held for me in this noble profession; particularly, how I would use the instrumentality of the profession to positively affect my society and be a hope to the hopeless, a voice to the oppressed and an eye to the blind.

This meditation did not begin in that Auditorium. It had been on since I began my relationship with the profession many years back, when I gained admission into the Lagos State University to pursue a degree in Law. Now the call to the Bar was the last hurdle in the tedious race of becoming a legal practitioner in Nigeria, and I was yet to have a clear picture of the purpose of my professional calling.

I was once faced with the temptation of thinking that there was a connection between the legal profession and public service. But many of my lecturers in the University dowsed that inclination. They did their best to convince me that the profession was conservative in nature. The impression created by their submission was that law practice was all about conforming to status quo.

The attitude of the mainstream of the profession to practitioners, who pitch their tents against the established norms in the society on the basis of the fact that they (norms) do no serve the interest of the people seemed to lay credence to my lecturers' position. I remember reading a judgment where a Chief Judge of Lagos State referred to a notable legal practitioner as a "Rabble Rouser" because of his stout anti-status quo stance. The Chief Judge accused this practitioner of acts unbecoming of a legal practitioner and sentenced him to one-year imprisonment for contempt of court.

One question that punctuated my soul searching for the purpose of a legal practitioner in Nigeria was: if the profession is conservative in nature and practitioners are called to conform to the status quo, how then does it become possible for a legal practitioner to be instrumental to the liberation of the people from the fangs of oppression, which has become their lots.

As that historical event of the 28th of September, 1999 progressed, the words of he first Nigerian Lawyer, Christopher Alexander Sapara William (19/7/1855 - 15/3/1915) who enrolled in Nigeria on Monday, January 30th 1888) suddenly cut through my probing mind: "The legal practitioner lives for the direction of his people and the advancement of the cause of his country." My recollection of these instructive words of wisdom gave me the final clue to the purpose of a legal practitioner in a developing nation. It is a purpose for which the legal practitioner's conscience and society would hold him accountable.

Immediately the reality of the purpose thrust on a legal practitioner by the founding father of the profession in Nigeria dawned on me, I began to ruminate on the state of the Nigerian nation. In the society today, the rights, hopes, yearnings and aspirations of the generality of the people are against every norm of civilization and respect for human dignity trampled upon with breath-taking impunity by the powers- that-be. It follows that anybody who wants to be a hope to the oppressed Nigerian people must inevitably clash with an Establishment that has held them in an excruciating political, social and economic captivity.

Rascoe Pound, (1870-1964), the great American sociological jurisprudence exponent has the following to say about the indispensable relevance of the legal practitioner to the social welfare of the society: "there is more in the profession than the traditional dignified calling. The term referred to a group of men pursuing a learned act as a common calling in the spirit of public service, no less a public service because it may incidentally be a means of livelihood. Pursuing of the learned act in the spirit of public service is the primary purpose. Historically there are three ideas involved in the profession: organisation, learning - pursuit of learned act, and a spirit of public service. These are essential."

Also, in a specific address to the African lawyers, the great African leader, Dr. Kwame Nkrumah addressing a conference on Legal Education held in Ghana Law School in January 4, 1962 declared, "The lawyer in a developing society must be something more than a practising professional man. He must be, in the fullest sense, a part of the society in which he lives and must understand that society, if he is to be able to participate in its development and the advancement of the economy and social well being of its members"

Thomas Jefferson, a legal practitioner, drafted the universal charter of freedom (the American Declaration of Independence) when the United States declared its independence from the British in 1776. This declaration, which has today become an eloquent reference point in the struggle for the respect of fundamental human rights the world over, has this as one of its major features: the power of a legitimate government must flow from the people. This explains why in Nigeria today, the people in exercising their right to choose their leaders (as propounded by Thomas Jefferson) did all within their powers despite brazen intimidation and persecution to show the military the way back to the barracks and we now enjoy "a government of the people, by the people and for the people".

Here in Nigeria, there is equally a legal practitioner, who has effectively and formidably demonstrated to the world that a legal practitioner is a social crusader. Of him Dr. D. G. Darah has the following to say: "…Chief Gani Fawehinmi, a fearless antagonist of irresponsible governments and lawlessness, a terror to corrupt magistrates and judges, a brilliant legal practitioner, a controversialist, a radical and intransigent moral reformer, a valiant crusader for fundamental human rights and liberties, an incorruptible patriot, a revolutionary guerrilla for justice and democracy."

History is replete with other great men like V. I. Lenin of the Soviet Union, Fidel Castro of Cuba, Mahatma Ghandhi of India, Obafemi Awolowo of Nigeria, Oliver Tambo and Nelson Mandela of South Africa, who employed their professional calling as legal practitioners as an effective tool of social engineering. These men paid dearly with their resources, freedom and in some cases, their precious lives, in their pursuit of "the learned act in the spirit of public service," which according to Rascoe Pound is the primary purpose of the noble profession of Law.

Having shed lucid light on the fact that the legal practitioner is by calling a social crusader, the need then arises to ask the question: what makes a legal practitioner a social crusader? In other words, what prompts him into becoming a social war monger?

The saying goes thus: "what you don't know, does not hurt you." The other side of this saying is: "what you know, hurts you." The legal practitioner knows. He is learned. By virtue of his professional training his eyes are wide open to what the others of the society do not see. His training makes a social navigator out of him because it enables him to develop a sight far beyond his nose. This gets him agitated about the ills in his society and his soul does not find rest if he does nothing about them (ills). Thus when the enlightened mind of the legal practitioner finds a catalyst in his personal conviction, an unrepentant and dogged crusader is born. He becomes a submissive slave of his own conscience and becomes completely uncomfortable when he keeps quiet in the face of injustice. This is what I will call, the irresistible driving effect of the practitioner's burden of knowledge.

Adebayo Williams, aptly captured the reason for the crusader in the legal practitioner in the following words: "A properly educated mind will refuse to accept crude tyranny, for to accept tyranny is an act of intellectual self-dispossession, long after the guns have been silenced, the supersonic boom of ideas, the thunderous artillery of thinking will continue to echo.

With all these on my mind, I left the Auditorium of the Nigerian Law School, Bwari Abuja with a straight and single eye on history and prosperity, with an unshaken determination to heed with all my heart and mind, the instructive words of the founding father of the legal profession in Nigeria, Christopher Alexander Sapara William: "The legal practitioner lives for the direction of his people and the advancement of the cause of his country." In this I know I will find fulfillment. So

help me God.

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