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I BELIEVE IN JUSTNESS
In a speech given by Judge Sanji Monageng, the First Vice-President of the
International Criminal Court at the IBA World Forum Conference Centre in 2012, he
said the following:
‘Qualified and experienced lawyers are essential to the Court’s ability to function
effectively. Whether as counsel for the prosecution, defence or victims, or in an ad
hoc capacity.’
As a foundation, the rule of law cannot exist without a transparent legal system, the
main components of which are;
1. A clear set of laws that are freely and easily accessible to all;
2. Strong enforcement structures, and
3. An independent judiciary and legal profession to protect citizens against the
arbitrary use of power by the state, individuals or any other organisation
Flowing from this thought, the UN Basic Principles on the role of Lawyers require
that individuals have effective access to a lawyer of their choosing, without
discrimination and, where necessary, without charge. In fact, the Basic Principles
place a responsibility on lawyers, in accordance with their role as ‘essential agents
of the administration of justice’: to uphold human rights and fundamental
freedoms, to maintain the honour and dignity of the profession, and to act freely and
diligently in accordance with recognised standards of the profession at all times.
How can lawyers then fulfil this role as guardians effectively? I deeply believe that
lawyers all around the world have contributed to the development of the
jurisprudence and practice of the law in an unprecedented manner. They have
remained committed to the task and maintained high standards when carrying out
their work.
Upholding the rule of law therefore demands expertise, experience and commitment.
There is a legal obligation to diligently safeguard the rights of the clients, while
complying with the provisions of the legal texts of the Court.
Effective representation hence requires expertise and commitment which is where I
would like to highlight further.
A wonderful example of this point of view is Kimberly Motley, an international
litigator. She is the only Western litigator in Afghan courts and is on a quest for
justness. Justness, she explains:
Is using laws for their intended purpose, which is to protect. The role of laws is to
protect.
The need for justness as we now see is so abundant it is hard to ignore. Achieving
justness is a difficult process, and Kimberly Motley gives three reasons why it is:
1. People are very uneducated as to what their legal rights are;
2. Even with laws on the books, it's often superseded or ignored; and
3. Even with good, existing laws on the books, there aren't people or lawyers
that are willing to fight for those laws
We need more heroes like Motley. We need to ask ourselves why we as individuals
cannot be guardians within our own rights, we can use existing laws, often unused
laws, and work them to the benefit of our clients. We can create a culture of
transparency and accountability to the laws, and ensure that the government is more
accountable to us, as we are to them.
The reason for my advocacy is the fact that new generation Nigerian lawyers need to
imbibe the act of learning, myself included. The art of justness first comes with you
knowing the laws itself. The amount of lawyers being churned out from our law
schools who do not have a passion for Law is despondent. For those who do, your
first weapon in your guardianship role is reading. There are unknown laws, acts,
regulations in our country that have been passed or If known unused.
The great lawyers of the past 50 years in Nigeria were strong researchers; these
were academics who had comprehended the law inside out. There are countless
acts, laws, regulations we do not know about, and the only way is to read and
explore. No one ever said it was easy. So enjoy the Copyright Act, be interested in
the Extradition Act, be amazed at the opportunities given in the Nigerian Minerals
and Mining Act of 2007, awe at the Endangered Species (Control of International
Trade and Traffic) Act. The Constitution in particular - the precedent according to
which we as a people are governed is not still not literature that a number of people
are familiar with.
I encourage all legal professionals to redouble their efforts in upholding the rule of
law and work to ensure that our generation of lawyers is even more momentous than
the first. Senior Associates should have young lawyers absorb this reading culture
and the ability to research. This is our ammunition that we can use in our endless
battle. There is so much to learn in our field,
It must be difficult to be the person who is inclined to question or doubt all accepted
opinions. As lawyers, not only do we have to be clear and cogent and actionable, but
remember that we cross a social boundary when we speak up. We might be
rejected, or scolded, or made to feel dumb. And of course there's the risk that we'll
get our hopes up that something will improve, only to see it revert to the status quo.
So, most of the time, we don't bother…
But when someone does care enough, you really can change the world.
Dr. Martin Luther King Jr. believed that there are two types of laws in this world:
those that are made by a higher authority and those that are made by men. And not
until all the laws that are made by men are consistent with the laws made by the
higher authority will we live in a just world.
There are leaders and there are those who lead. Leaders hold a position of power or
authority, but those who lead inspire us. Whether they're individuals or organizations,
we follow those who lead, not because we have to, but because we want to. We
follow those who lead, not for them, but for ourselves. And it's those who start with
"why" that have the ability to inspire those around them or find others who inspire
them.
I believe in justness…

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I BELIEVE IN JUSTNESS

  • 1. I BELIEVE IN JUSTNESS In a speech given by Judge Sanji Monageng, the First Vice-President of the International Criminal Court at the IBA World Forum Conference Centre in 2012, he said the following: ‘Qualified and experienced lawyers are essential to the Court’s ability to function effectively. Whether as counsel for the prosecution, defence or victims, or in an ad hoc capacity.’ As a foundation, the rule of law cannot exist without a transparent legal system, the main components of which are; 1. A clear set of laws that are freely and easily accessible to all; 2. Strong enforcement structures, and 3. An independent judiciary and legal profession to protect citizens against the arbitrary use of power by the state, individuals or any other organisation Flowing from this thought, the UN Basic Principles on the role of Lawyers require that individuals have effective access to a lawyer of their choosing, without discrimination and, where necessary, without charge. In fact, the Basic Principles place a responsibility on lawyers, in accordance with their role as ‘essential agents of the administration of justice’: to uphold human rights and fundamental freedoms, to maintain the honour and dignity of the profession, and to act freely and diligently in accordance with recognised standards of the profession at all times. How can lawyers then fulfil this role as guardians effectively? I deeply believe that lawyers all around the world have contributed to the development of the jurisprudence and practice of the law in an unprecedented manner. They have remained committed to the task and maintained high standards when carrying out their work. Upholding the rule of law therefore demands expertise, experience and commitment. There is a legal obligation to diligently safeguard the rights of the clients, while complying with the provisions of the legal texts of the Court. Effective representation hence requires expertise and commitment which is where I would like to highlight further. A wonderful example of this point of view is Kimberly Motley, an international litigator. She is the only Western litigator in Afghan courts and is on a quest for justness. Justness, she explains: Is using laws for their intended purpose, which is to protect. The role of laws is to protect.
  • 2. The need for justness as we now see is so abundant it is hard to ignore. Achieving justness is a difficult process, and Kimberly Motley gives three reasons why it is: 1. People are very uneducated as to what their legal rights are; 2. Even with laws on the books, it's often superseded or ignored; and 3. Even with good, existing laws on the books, there aren't people or lawyers that are willing to fight for those laws We need more heroes like Motley. We need to ask ourselves why we as individuals cannot be guardians within our own rights, we can use existing laws, often unused laws, and work them to the benefit of our clients. We can create a culture of transparency and accountability to the laws, and ensure that the government is more accountable to us, as we are to them. The reason for my advocacy is the fact that new generation Nigerian lawyers need to imbibe the act of learning, myself included. The art of justness first comes with you knowing the laws itself. The amount of lawyers being churned out from our law schools who do not have a passion for Law is despondent. For those who do, your first weapon in your guardianship role is reading. There are unknown laws, acts, regulations in our country that have been passed or If known unused. The great lawyers of the past 50 years in Nigeria were strong researchers; these were academics who had comprehended the law inside out. There are countless acts, laws, regulations we do not know about, and the only way is to read and explore. No one ever said it was easy. So enjoy the Copyright Act, be interested in the Extradition Act, be amazed at the opportunities given in the Nigerian Minerals and Mining Act of 2007, awe at the Endangered Species (Control of International Trade and Traffic) Act. The Constitution in particular - the precedent according to which we as a people are governed is not still not literature that a number of people are familiar with. I encourage all legal professionals to redouble their efforts in upholding the rule of law and work to ensure that our generation of lawyers is even more momentous than the first. Senior Associates should have young lawyers absorb this reading culture and the ability to research. This is our ammunition that we can use in our endless battle. There is so much to learn in our field, It must be difficult to be the person who is inclined to question or doubt all accepted opinions. As lawyers, not only do we have to be clear and cogent and actionable, but remember that we cross a social boundary when we speak up. We might be rejected, or scolded, or made to feel dumb. And of course there's the risk that we'll get our hopes up that something will improve, only to see it revert to the status quo. So, most of the time, we don't bother… But when someone does care enough, you really can change the world.
  • 3. Dr. Martin Luther King Jr. believed that there are two types of laws in this world: those that are made by a higher authority and those that are made by men. And not until all the laws that are made by men are consistent with the laws made by the higher authority will we live in a just world. There are leaders and there are those who lead. Leaders hold a position of power or authority, but those who lead inspire us. Whether they're individuals or organizations, we follow those who lead, not because we have to, but because we want to. We follow those who lead, not for them, but for ourselves. And it's those who start with "why" that have the ability to inspire those around them or find others who inspire them. I believe in justness…