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A professor of law and Senior Advocate of Nigeria, Professor Abiodun Amuda-Kannike, has advocated for reforms that will see to the harmonisation of constitutional values, the rule of law, and judicious use of legal technicalities for fair and efficient legal processes.
Professor Amuda-Kannike made this call while presenting the 14th inaugural lecture of Kwara State University, Malete, on May 8, 2024, with the title “The Jurisprudence of our Constitution, Rule of Law and Technicalities: The Nigeria Dilemma”.
The professor of jurisprudence and international law stressed that Nigeria’s legal system required a balance between various legal considerations to ensure that the law serves its intended purpose while avoiding unintended consequences.
He noted that while legal technicalities exist to help safeguard rights and ensure fairness, they also have the potential to obstruct justice and create disillusionment, as such limiting the effectiveness of legal processes.
Tackling corruption, improving the efficiency of the legal system, protecting judicial independence, and ensuring equal access to justice, he maintained, were critical to strengthening the rule of law in Nigeria and upholding the principles of democracy and justice.
Professor Amuda-Kannike noted that attaining such a balanced jurisprudence in Nigeria would involve a commitment to upholding the rule of law, ensuring access to justice, and promoting fairness and efficiency in legal proceedings, adding that collaboration among legal professionals, policymakers, and civil society to address challenges and advance the principles of justice and equity in the legal system where equally important.
The Senior Advocate of Nigeria recommended strict adherence to the rule of law by all arms of government, calling for the establishment of agencies for its enforcement.
“The establishment of this special form of agencies or ministries is like the establishment of ICPC, EFCC, police, civil defence, and so on.
“This will really ensure that the compliance with the rule of law, as far as enforcement is concerned, will be total.
If the rule of law and stricter adherence to its observance is important to us rather than pretending about it, then we really need an agency to enforce it or a complete ministry”, Professor Amuda-Kannike stated.
He equally advocated for a national conference with the aim of removing technicalities hindering the effective implementation of the rule of law just as he called for the amendment of the 1999 constitution to allow citizens full participation in its amendment.
“There is the need to increase the numbers of the Supreme Court justices from 22 to 37 or as much as the states exist in Nigeria.
“This increase in the number of Supreme Court justices is to create a sense of belonging to all the states in the federation, including the federal capital territory.
“This will not be a case of one particular state dominating an appointment from a region, as the federal character principal/Act recognised states, the Constitution recognised states and even appointments of ministers by the executive is not based on region, but on the state representation”, he added.
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