Akaraiwe’s inaugural public lecture: Legal experts insist rule of law is the driving force for economic growth

By Lillian Okenwa

You would think he’s an evangelist trying to convert a congregation as his ringing voice reverberated around the auditorium. “The Rule of Law is the Rule of God! The Rule of Law is the Rule of God”, he cried; pounding the rostrum for emphasis.

That was the position of Chief Kanu Agabi, SAN, Guest Lecturer at the inaugural public lecture held in commemoration of the preferment of the rank of Senior Advocate of Nigeria, on Mr. Ikeazor Ajovi Akaraiwe, SAN. With true evangelical zeal, this minister of the law, Chief Agabi, SAN drew a nexus between the Rule of Law and the Rule of God. He noted that when Nigerians begin to implement the rule of God by exhibiting the right attitude beginning with appointing competent persons into positions of authority, the country will be on its way to national development and economic recovery.

Undoubtedly, the concept of Rule of Law has been subject to disagreements and heated debates over the years, but at this public lecture titled: ‘Rule of Law, Justice Delivery and National Economy”, stakeholders in the legal profession upped the conversation notches higher with suggestions and recommendations to the effect that Nigeria’s journey to recovery is dependent on the premium placed on education, security, enabling environment, the appointment of competent persons and many more.

Although the subject was exhaustively debated in Hon. Justice Innocent Azubike Umezulike Auditorium at the High Court Premises in Enugu, what remains to be seen is how these well-thought-out ideas and suggestions would translate into actions that could bring transformation and reformation in Nigeria.

Commending Akaraiwe, SAN for initiating the public lecture, Chairman of the occasion, Hon. Justice Centus C. Nweze, JSC remarked that the rule of law is the driving force for economic growth in any society. He also noted that the economic and overall development of countries with scant regard for the rule law always remains abysmally low.

In his contribution, Hon. Justice Peter Affen, JCA disclosed that two the crucial indices in development are— Rule of law and a good school system. Justice Affen who revealed that Education is a powerful driver of development and one of the strongest instruments for reducing poverty maintained that the rule of law and development in society work together. He equally added that the “indices of a strong economy is not ‘rule by law’ but rule of law.”

For Hon. Justice Nnamdi Dimgba, Ph.D. a definite strategy for Foreign Direct Investment, FDI as a component of economic growth strategy must be put in place. Corroborating Justice Dimgba’s position, Andrew Skipper in an article published 30 September 2019 in Vanguard Newspapers, posited that: “The strength of the Rule of Law in a country ranks among the top three considerations when multinationals make decisions about where to locate foreign direct investment – above considerations such as the cost of doing business and access to national and regional markets.” 

That said, with lawlessness and insecurity diverting resources and reducing the ability of Nigerians to plan for the future, it goes without saying the negative consequences of these issues along with poor economic policies have adversely affected FDI. No foreign investor will venture into an unstable economy. Unquestionably, wherever investors observe or experience Rule of Law challenges like political instability, arbitrary or discriminatory treatment, they are likely to decline or withdraw investment.

On her part, Hon. Hon. Justice Chinyere Ani, Ph.D. raised a number of posers. “Can we say we have equality before the law? Do we truly have judicial independence? How democratic are our elections? How do the people, even the lawmakers, people that make the law get in? What about the delay in justice delivery? When judgments are delivered, has justice been served? Are the persons who instituted the actions alive to see it?

“Can we say that if one goes to court he or she will get justice on time? How does the ordinary man view rule of law?  Do they believe they can get justice from the courts? How do we deal with overflowing dockets and very few judges handling so many cases? What about the disobedience of court orders by ordinary citizens? It’s not only government officials that disobey orders of court. This does not seem like the rule of God…”

Chief Mrs. Justina Offiah, SAN expressed concern that people often overlook things as basic as jumping queues, disobeying traffic rules, driving in opposite directions, and eventually obstructing traffic flow as trivial. The Senior Advocate insisted that taking account of these seemingly ordinary matters by simply doing the right thing is the way towards enthroning the rule of law. “We are quick to point fingers to our leaders but we are all accountable. Followers are also complicit. If we know there are sanctions and enforcement, there will be accountability. Corruption has eaten deep into every sector of society but we have to hold ourselves accountable,” she said.

While Prof. Richard Achara worried that people are no longer sure of what to expect from the courts, the Honouree, stressed: “The judicial policy should ensure that when judges’ dockets begin to go beyond 50 cases in a year, new judges are appointed. I still cannot get over the 60 court complex we saw in Vancouver, Canada in 2010, when some of us took a break from the 2010 IBA Conference to visit their courts. We wondered if the 60 court complex was for the entire Province of British Columbia, and the court administrator said ‘no, Victoria City, the capital next door had a similar court complex!’ Directly opposite this court complex was a similar-sized magistrates’ court complex.”

All said, a strong legal system is crucial for economic growth.

Hon. Justice Afam Nwobodo, High Court of Enugu State

Jude Ezegwui, Chair, NBA Enugu branch congratulating the honouree