By Dr. Tonye Clinton Jaja
Dear Femi Falana, SAN and Mutalubi Ojo Adebayo, SAN, Sirs,
With the utmost respect, I write this letter in my capacity as the Executive Secretary of the Association of Legislative Drafting and Advocacy Practitioners-ALDRAP.
We are a professional Association of Legislative lawyers who are committed to promoting professionalism in both legislative drafting and legislative advocacy as sub-discipline within the legal profession in Nigeria. This is the same way that legislative drafting and advocacy is held in the United Kingdom.
Dr. Yahaya Dan-Zaria, Clerk to the House of Representatives, National Assembly, who happens to be a lawyer is a Fellow of our Association.
Last year, our Association-ALDRAP filed a lawsuit against the National Assembly to stop the enactment of a law seeking to extend the age of retirement of the former Clerk to the National Assembly from 60 to 65 years. Due to our efforts, the President of the Federal Republic of Nigeria declined assent to the said Bill.
The purpose of this write-up, is not to challenge both your narratives but to make a little addition or footnote.
Femi Falana, SAN has recently referred to the new breed of public interest lawyers as “internet warriors”!!!
Another member of the 1993 set of human rights activist (Ayo Obe) refers to them as “keyboard warriors”!!!
It is true because the landscape of the struggle has changed.
In the year 1993, there was no internet, therefore the only method(s) and tools at the disposal of activists lawyers was either courtroom advocacy or protests on the streets to express their displeasure against the obnoxious decrees of military regimes.
Nowadays, however majority of the “obnoxious” Bills, legislation and actions of the government are published online, therefore, it is logical that public interest advocates and lawyers must respond on the same online and social media platforms (in addition to either courtroom or legislative advocacy)!!!
The fundraising for the ENDSARS protests of the year 2020 was exclusively done online by “keyboard warriors”!!!
So rather than regarding this new generation of public interest lawyers as PSEUDO because they do not resort to street protests, their methods of legislative advocacy and legal writing advocacy should be appreciated because it is also as effective for delivery of results and outcomes.
As potent as courtroom advocacy and street protests.
In his own write-up dated 10th June 2025, Mutalubi OJO ADEBAYO, SAN truthfully stated as I would paraphrase: “…with the demise of Gani Fawehinmi, (and Bamidele Aturu) the remaining genuine and sincere human rights activists are Femi Falana, SAN, Ayo Obe, Nurudeen Obara,…”
There is no doubt that these listed human rights activists/lawyers contributed to the struggle against military regimes of Buhari, Babangida and Abacha (1983 to 1998).
It is true that their major methods were courtroom advocacy and protests on the streets.
However, with the inception of the nascent democracy from the year 1999, with the return of the legislature as witnessed by the inauguration of the National Assembly and State Houses of Assembly, a new addition emerged.
Legislative drafting and advocacy as a new form of advocacy which was missing during the long years of military rule because the military regimes were characterised by abolition of the Legislature.
For example, the Freedom of Information Act, 2011 is a direct result of the legislative advocacy of civil society organisations .
“Nigeria’s Freedom of Information (FOI) Act was signed into law on May 28, 2011, after the longest legislative debate in the history of Nigeria. The debate lasted for over 12 years. The law was passed to enable the public to access government information, in order to ensure transparency and accountability.” See https://gravitasreview.com.ng/product/nigerias-freedom-of-information-act/#:~:text=Nigeria’s%20Freedom%20of%20Information%20(FOI,to%20ensure%20transparency%20and%20accountability.
The skills and knowledge for conducting Legislative Drafting and Advocacy is as intensive as courtroom advocacy.
Since the year 1995, the Nigerian Institute of Advanced Legal Studies (NIALS) and other universities in Nigeria have offered Master of Laws (LLM) in Legislative Drafting programmes.
This underscores the importance and recognition of Legislative Drafting and Advocacy as a distinct area of specialisation in the legal profession.
To conclude, as if to buttress the important role that lawyers who possess this skill set (Legislative Drafting and Advocacy) are supposed to play in public interest advocacy, Femi Falana SAN has just authored a piece which I would reproduce below as follows:
“The situation will get worse as long as Nigerian lawyers are not prepared to intervene in the running of the affairs of the country.
It is indisputable that
Nigerian lawyers have become internet warriors instead of ensuring that relevant laws are enforced.
The Free, Compulsory Universal Basic Education Act, Child’s Rights Act, and Child’s Rights Laws applicable in the 36 states have provided that every Nigerian child shall receive free and compulsory education from primary school to junior secondary school.
Yet, we have 18.5 million out-of-school children, the highest number in the world!
In line with the UBE Act, FG contributes 2% of the Consolidated Revenue Fund annually, but state governments have failed to contribute counterpart funds to access the matching grant.
By virtue of section 17(2) of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, every physically challenged person is entitled to free education from primary school to senior secondary school.
In 1990, FG established the National Commission for Mass Literacy, Adult and Non-Formal Education Act to eradicate illiteracy and promote continuous learning by providing basic education to non-literate adults and youths aged 15 and above through a non-formal approach.
Because the commission is not funded by the FG, Nigeria has 62 million illiterate people.
Lawyers ought to ensure that the commission is well funded by the FG. Lawyers should also lead the campaign for the promotion of adult literacy in the FCT and the 36 states of the Federation.
If lawyers can ensure that the above education laws and other welfare laws are enforced, there will be little money left to steal by the plutocratic ruling class.”
Yours faithfully,
Dr. Tonye Clinton Jaja,
11th June 2025.
The views expressed by contributors are strictly personal and not of Law & Society Magazine.
