The law and legal system serve as the foundation of any society’s evolution, shaping its values, protecting its citizens, and steering its development. In Nigeria, where years of systemic challenges have eroded public trust in institutions, the role of the chief law officer of the State in building a Nigeria that works for everyone, is more crucial than ever. Since assuming office in August 2023, Chief Lateef Fagbemi, SAN, Nigeria’s 24th Attorney-General and Minister of Justice since independence, has demonstrated an acute understanding of this expectation, informing his recent reaffirmation that the role of “law is to protect public interest, regulate human behaviour and interactions between corporate entities.” Through targeted legal reforms and strategic initiatives, Fagbemi is positioning the rule of law as the cornerstone of a transformed Nigeria.
One of his most decisive steps has been addressing the Supreme Court’s landmark judgment on the financial autonomy of Local Government Areas (LGAs). This judgment affirmed the constitutional rights of LGAs to manage their funds independently, and a significant shift from the longstanding practice of state governments withholding resources meant for grassroots development. With the 774 local government councils expected to begin to receive direct allocations from the Federation Account this January, in line with the Supreme Court’s July 11 ruling, the Ministry of Justice’s commitment to ensure compliance with the ruling for timely access to resources for local governments, is reinforcing its commitment to decentralizing power and fostering equitable development. For Nigeria to evolve into a truly federal state, the learned Attorney-General has argued that LGAs must be empowered as the third tier of government, capable of directly addressing the needs of millions of Nigerians.
In the broader scope of legal reforms, Fagbemi has prioritized modernising Nigeria’s legal framework. In constituting a 46-man committee charged with the responsibility to review, update and consolidate all the outdated laws in Nigeria within six month, Fagbemi reiterated that “the law is constantly dynamic and evolving, hence, there is need for continuous review or reform of our body of laws (corpus juris), to address contemporary socio-economic developments, resolve conflicting and obsolete provisions with the ultimate aim of improving the administration of justice and promotion of rule of law.” Many of these laws, relics of colonial rule, no longer reflect the realities of a dynamic and diverse society, hence, the committee’s clear mandate to review our laws to ensure that they are responsive to Nigeria’s contemporary challenges, from economic growth to human rights protection, among others.
Given Fagbemi’s understanding of the role of the Legal Aid Council of Nigeria in building a Nigeria where there is equal access to justice for all irrespective of their means, and where all rights of citizens are respected, protected and defended, he is determined to rejuvenate the Legal Aid Council to efficiently deliver and achieve its mandates. One of the main challenges often identified by the Council has remained lack of funding, and the Honourable Minister has been resolute that “the budget allocation of the Legal Aid Council should be as much as it is in developed countries.” Though I advise for alternative funding for the agency, as the issue of human rights is too fundamental to be left to the challenges of budgetary constraints.
Fagbemi’s tenure has also focused on resolving systemic issues within the judiciary. One such issue is the troubling trend of conflicting judgments from courts of coordinate jurisdiction, which has weakened public confidence in the judiciary. By prioritising this issue, he aims to restore integrity and predictability to Nigeria’s legal system, ensuring that justice is not only done but seen to be done. This has led to the judiciary setting up a panel to explore ways to prevent future occurrences of conflicting judgements, including leveraging technology to enhance transparency and coordination within the judicial system. With this, if a judgment is delivered in Kaunda, a lawyer in Calabar should be able to access it seamlessly.
Furthermore, recognising the critical role of state governments in driving reforms, Fagbemi has called for stronger collaboration between state attorneys-general of states and federal authorities, in addressing challenges in the judicial sector. This partnership is particularly important for addressing issues such as corruption, gender parity, and the protection of fundamental rights. In line with this, the Ministry of Justice has introduced the National Policy on Justice, a blueprint for inter-agency cooperation aimed at tackling systemic failures in the justice sector, and the approved National Policy on Arbitration, which seeks to streamline justice delivery nationwide. No doubt, with his main aim to avoid fragmented policies and ensure harmonised frameworks for comprehensive protection and support for all citizens, the collaboration is expected to achieve its intended goal.
Fagbemi’s reforms are guided by the belief that the rule of law must be the engine of Nigeria’s transformation. This conviction is evident in his alignment with President Bola Tinubu’s Renewed Hope Agenda, which emphasises justice sector reform as pivotal to national progress. Through policies aimed at fostering a robust, fair, and efficient legal system, Fagbemi envisions a Nigeria where governance is driven by law and not by discretion. The landmark Supreme Court ruling on LGAs underscores how law can reshape governance and empower ordinary citizens. With Fagbemi’s proactive leadership, this ruling is being operationalised to ensure resources are no longer diverted from their intended beneficiaries. It is an example of how legal reforms can bridge the gap between policy and impact, making the law a tool for equity and justice.
Notwithstanding Fagbemi’s resourceful and transformational leadership, he must remain guided by his call upon his assumption of office, for “constructive criticism that proffers solutions and suggest better options.” For him to achieve a Nigeria where laws reflect the people’s aspirations, where institutions inspire trust, and justice is accessible to all, he must continue to align his credentials of competence and leadership to emerging social needs for justice. The journey is still far from the destination, but with reforms grounded in a commitment to the rule of law, Fagbemi’s legacy may well be the bedrock of a more just and prosperous nation.
God bless the Federal Republic of Nigeria.
Ekpa, Stanley Ekpa, Executive Director, Call a Lawyer, wrote via [email protected]
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