The inauguration of a good number of volunteer lawyers by Socio-Economic Rights and Accountability Project (SERAP), has been hailed by stakeholders as a welcome development and an expectations of better days to come.
The lawyers were inaugurated on Thursday, November 7, 2024, in Port Harcourt, the Rivers State capital, at an event put together by SERAP on “Strengthening Stakeholders’ Capacity to Enforce Court Judgements in Nigeria”, especially in Niger Delta Region. Community leaders, traditional rulers, religious leaders, members of civil society organizations, legal practitioners, the media, and others were in attendance.
In his opening remarks, deputy director of SERAP, Kolawole Oluwadare, on behalf of his organization welcomed all with joy, noting that when two elephants fight, the grass suffers.
Oluwadare informed stakeholders that they were there to brainstorm on the vital issue of non- compliance to court Judgements, rulings, and declarations.
He said it was time to think creativity, mobilize and act for the betterment of all.
In his goodwill message, executive secretary, National Human Rights Commission, Federal Ministry of Justice, Rabiu Alwal, commended SERAP for being committed to ensuring that court Judgements are complied with.
“We must all come together to ensure that court Judgements are carried out”, Alwall appealed noting, that the “Niger Delta Region has suffered much environmental degradation.
“We must ensure that human rights and court decisions are enforced”, he stressed.
In her goodwill message on behalf of the minister of Justice and attorney – general of the Federation, Adaeze Amanda said it was an honour and privilege being invited and called for collasboration among stakeholders.
“This region is blessed with abundant natural resources, but suffers underdevelopment”, she observed, adding that to achieve positive result, “we must all collaborate”.
She enjoined all to advocate for the enforcement of court Judgements.
Adaeze recognized the fact that the Niger Delta Region has suffered a lot of environmental destruction, insisting strongly that, as key to the development of the country, everything must be done to ensure that the region is fairly treated.
Delivering his paper on the occasion, erudite lawyer, Dr Chukwuma AJ Chinwo, thanked SERAP for what it represents in Nigeria. He sounded clearly that the principle of going to court is not about winning, but for everyone to know that you have been wronged.
He explained: “When you see that judgements delivered by the courts are not implemented, it’s because of where we are.
“In a society where power is subject to the right of the people, without it, the court cannot give judgement and it is not obeyed. But, in a society where power contrite the rights of the people, you can pass as many judgements and none is obeyed; and that is what SERAP is fighting against “.
Dr Chukwuma Chinwo described Nigeria as a ‘lawless society’ with a constitution of over 320 sections, and one of the largest in the world compared to United States, where their laws are obeyed.
Recalling the recent peaceful presidential election in America where result was declared early (within 10 hours) with the citizens obeying and the opponent congratulating the winner; no going to court and no tribunal, the resource person said that was possible because there is a law the people and institutions obey. He stated that in Nigeria, it is a different ball game, as laws are not respected.
According to him, in a society where those that are capable of insisting on the right thing do not, it is difficult to keep the government in check.
Dr Chinwo stressed that Nigeria is a society where those that are capable of insisting on the right thing being done do not do so.
He admitted that one of the biggest problems of Nigeria is the legal profession, saying, “They (lawyers) are the cause of undue ethics in this country. They are the ones capable of telling the government and the politicians the right thing to do, but they are not interested; they are not willing.”
He recalled how years ago, Ghanaian lawyers fought hectically against their government to ensure that things changed for the better, whereas, “Nigerian lawyers compromise a lot with the government.” He stated categorically, “any day Nigerian lawyers change, Nigeria will change”.
The resource person however, paid glowing tributes to some Nigerian lawyers, who in the past, had tried to bring about change in the country. These, he mentioned were men like: Late Gani Fawehinmi, Alao Aka Basorun, Olisa Agbakoba, and others, noting that they were committed, and took government to court to ensure they did the right things.
“If you are in a society where the government values power more than the citizens, there’s nothing you can do to enforce court Judgements”, he hinted, maintaining that a lot of oil activities done against the government by oil industries should not have taken place if Environmental Impact Assessment Impact, EIA, was being obeyed.
Speaking further on disrespect for court rulings, Dr Chinnwo said, “Decisions of a court are also a law. So, when decisions of a court have been given, a government that obeys law will automatically hold its action based on that judgement, and if it doesn’t like it, will go for appeal.”
He clarified; “the fact that you have gotten one judgement in the state or Federal High Court, it doesn’t end there; the government or company might decide to go for appeal, and may at the end go to Supreme Court.When you don’t have the government that respects the decisions of the court, that’s the biggest hindrance”.
He encouraged his colleagues who were inaugurated as volunteer lawyers to be courageous and help in tackling some of the compelling issues, pointing out that volunteering is very important and has helped many lawyers.
Chinwo implored everyone to contribute in making our environment safe, as he reiterated his commendations to SERAP for its efforts in bringing offending companies to account.
Highpoints of the event were the Media Moment, the interactive session and the inauguration proper.