At NBA lecture, ex-LASU VC speaks on persistent assault on rule of law in Nigeria

The immediate past Vice-Chancellor of Lagos State University (LASU), Ojo, Olanrewaju Fagbohun, has described as a whirlwind that could potentially devastate Nigeria, “the persistent assault on the rule of law by the executive, legislature, and the misuse of the judicial system by political leaders, citizens, and businesses.”

Mr Fagbohun, a Senior Advocate of Nigeria (SAN), said there is an urgent need for “profound social change to address the pervasive disorder, undesirable behaviour and habitual non-compliance with rules and regulations that have become ingrained in the culture of the Nigerian society”.

The law lecturer spoke recently as the guest lecturer at the 2024 edition of the Nigerian Bar Association Law Week, Ikeja Branch, an annual event in honour of the late forthright lawyer and former National President of the association, Alao Aka-Bashorun.

Late Aka-Bashorun son speaking at the MBA lecture by Prof Fagbohun

Mr Fagbohun spoke on the topic: ‘Public Governance: Nigeria’s Collective Moral Disengagement and the Rule of Law.”

The weeklong event is themed: “Public Governance in Troubled Time: Safeguarding the Rule of Law in Nigeria.”

Abuses beyond public office holders

The guest speaker noted that Nigerians are in the habit of focusing attention on public office holders whenever issues of disregard for rules come up for discussions, but insisted that the leaders do not exist in a vacuum but are mainly extensions of the perversion in the larger Nigerian society.

Mr Fagbohun said the offence of disregard for traffic rules among citizens should be treated with similar disdain that should greet the act of a sitting governor providing protection for a wanted suspect or the issuance of varying court orders by judges to suit conflicting interests.

He listed, among others, some commonly identifiable “persistent aberrations” in Nigeria to include “the use by government functionaries of legitimate legal orders to serve illegitimate goals, countless refusals by government officials and institutions to comply with validly rendered court decisions, official destruction of significant public buildings and facilities by a state governor in the bid to checkmate opposing factions, individuals who have relocated abroad but still earning salaries in Nigeria”.

He said in Nigeria, police and louts extort money from citizens without consequences, “but the poor man who stole food is sent to jail for years.”

ALSO READ: Rule of Law: Nigeria slips by two points, ranks 120th out of 142 countries — Report 

While buttressing his points, Mr Fagbohun told a personal story of how he resisted pressure to bend rules during his tenure as a vice-chancellor.

He said: “We had closed the admission portal the previous day when I received a call from my father, requesting that I kindly accommodate two wards of his friends on our discretionary list. With difficulty, I explained to my father that the admission portal had been closed and I would not be able to reopen it.

“Although I had the power to do so, I also understood the implications. I told my father that I would be willing to cover the cost of purchasing the candidates’ next Joint Admissions and Matriculations Board (JAMB) UTME form, and if they performed well, the university would admit them.

“Less than three hours after this conversation, two of my principal officers approached me with a plea to reopen the portal to accommodate their requests, which they claimed were quite compelling. All I needed to do was put my father on speakerphone to confirm our earlier conversation, and that ended the matter.”

Social change as panacea

The guest lecturer said the rule of law is essential for bringing about social change, insisting that maintaining the rule of law forms the foundation of democracy and democratic practices, “which are crucial for political stability and economic growth”.

“However, such a conclusion would be premature. Firstly, what exactly is necessary to maintain the rule of law and keep it healthy? Secondly, the rule of law remains an essentially contested concept both from a national and comparative law perspective. This means that widespread dissent or sustained erosion of its fundamental principles will render the rule of law ineffective in rectifying societal distortions,” he said.

He added that societal moral disengagement and collective unethical behaviour are unlikely to self-correct without deliberate efforts to address underlying causes and promote accountability.

Mr Fagbohun said Nigerians must recognise and accept that the country has great potential, and that Nigerians must work to make it succeed.

He said: “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.

“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.”

Speaking during the plenary section, Segun Aka-Basorun, son of the deceased, said President Bola Tinubu “missed” his father’s name when he mentioned the heroes of Nigeria’s democracy during his Democracy Day speech.

He, however, said that the family is not bothered because the NBA has always honoured the deceased.