The
lawyer may be the butt of disparaging jokes as jokesters are wont to do from
time to time. Spinning humourous anecdotes around the professional conducts of
the men in wig and gown. That however, does not take away the cardinal role of
a lawyer in the social engineering process. His place in the scheme of things
cannot be over-emphasized. Neither can critics dismiss his activism with a wave
of the hand.
But
quite frankly, the lawyer may also be a victim of poetic justice, perhaps not
intentional. Especially where there are glaring abuses of court processes. Or
how do we explain the obsession for frivolous interlocutory injunctions
obtained at will to frustrate the judicial process. These are not palatable
testimonies of a very noble profession, if you ask me. Having said that, there
is equally truism in the assertion that lawyers always receive the short end of
the stick due largely to the critical position he occupies in the society.
Sometimes
we are hasty and facile in passing the verdict of gult without due
consideration of the lawyer's precarious position. May be because, it is most convenient
to so do. It goes without saying that lawyers are often derided by those who
are ill-equipped and totally unschooled in the dynamics of the law. The
arrow-heads of this mischief are the politicians. Politicians tend to interpret
the law by whim and not the rules to suit their narrow interest. They do not
give hoot to understanding the intendment of a particular provision either in a
substantive law or the grundnorm. Need I say, they have a warped perception of
the law?
Come
to think of it, the legal practitioner is a principal actor in the social
evolution of modern society as any student of jurisprudence would readily
concur. The lawyer is a cardiologist of some sort as well as a social engineer.
How on earth, can one imagine an environment devoid of lawyers or legal practice?
That would a licence for anarchy and oppression in that community. Trust me.
Indeed,
wherever there is an aggregation of persons with varying interests, conflict is
bound arise. It is a sin qua non, a given and not an exception in today's
society. The proponents of Marxism also share this opinion. Moreso, by our
nature and make-up, man is a wicked, greedy, self centered being. Always yielding
to the desire to manipulate and subvert the course of justice. Nowhere else is
this tendency more manifest than in the political arena. The jostle for power
and authority can be fierce and intense despite the body of laws established to
guide in the smooth and efficient conduct of our political process.
There
is no society without a fair share of social conflicts. Conflicts and
disagreements are part and parcel of every society. Not to mention the pull and
shove of social deviants whose main objective is to break the rules of social
harmony.
Except
perhaps when we eventually arrive at a state of utopia which is a mirage, we
must continue to contend with all the conflicts society throws at us. This is
where the lawyer comes into the picture. His duty is to right the wrongs of the
society and to point the way forward through the observance of the rule of law.
It
has been observed, quite rightly too that the lawyer is the social
cardiologist, a legal physician, by default, the custodian of moral and legal
rectitude. By his discipline, he has the responsibility to diagnose, treat and
manage the heart and the blood vessels of a society. Indeed, the cardiovascular
wellbeing of the society rests on his shoulders.
Therefore,
the lawyer monitors the wheel of justice as it revolves. It is that wheel that
determines the health of any society. And the lawyer by his training and
exposure as a learned individual is rightly bestowed with the power to
challenge the authorities of the state. He could also galvanize the proliterate
either in support or revolt against the government of the day.
The
duties of a legal practitioner are carved out for him, given the inequities
visited on the people by the authorities in Africa. Don't forget, the ancient
Greek philosophers told us about composition of any society. They identified
three sets of elements that populate a community. They are the idiots, the
tribesmen and the citizens. When idiots and tribesmen clime the ladder of
leadership, you can be sure that they would use their position for self aggrandizement.
These clubs of leaders would promote social disintegration. They will promote
inequality, nepotism, religious bigotry, sectionalism, corruption and every
other social vices that may bedevil a society such as ours.
The
reverse, however, is the case, when the citizen is at the helm of affairs. He
will ensure a balanced growth and development of the society. He would place emphasize
the policy of cohesion, unity and the rule of law in the community. He would do
greater good for the greatest number of persons in the community.
Any
nation where the leadership whether democratically elected or a military junta
whose antecedents run contrary to the social contract theory of governance or
portrays a hint of disequilibrium in the management of state resources, may be
confronted by civil liberty organizations to give account of its stewardship.
Authorities
who do not play by the rules, and denies the people of justice, equity and
fairness will always be on colution course with the body of lawyers. The rule
of law is an unquestionable principle that conflates with the ideals of
democracy which cannot be circumscribed by the will of the leader.
Political
leaders are therefore, expected to keep faith with the dictates of democracy to
avoid the risk of confrontation with lawyers and civil rights groups. How else
would one measure the importance of a lawyer if not by the fact that two out of
the three arms of government in every democratic jurisdiction, i.e the
Legislature, and the judiciary are the exclusive preserve of lawyers?
The
lawyer is the avowed principal gate keeper of any community. It is his duty to
gauge, monitor the infractions of both the citizens and the government. The
heartbeat of a society hinges on justice, equality and fair play. Where these
ingredients are conspicuously absent that community may inevitably subscribe to
chaos and anarchy.
It
is important to point out at this juncture that the legal practitioner, above
everything else is a priest in the temple of justice hence he is expected to
promote justice in criminal trials either as prosecutor or a defence lawyer.
And nothing more.
Again,
the lawyer has the responsibility to protect the interest of his client at all
times using the best possible skills at his disposal. He is expected to uphold
high ethical standards in the discharge of his duties. Law is a noble
profession and those who are called to the bar must serve the best interest of
the society. The lawyer must be courageous enough to chart a new course for the
society when all else fails. We cannot afford a crop of pusillanimous advocates
in the public court of justice.
Yes, I daresay, the
lawyer is a social cardiologist, a legal physician whose duty is to diagnose,
treat and manage the heart and cardiovascular ailments of a society. And he
does that by feeling the pulse of that society. Remember, a sick community is a
society where the wheel of justice, equity and fairness is not given the pride
of place in the political equation. The position of the legal practitioner in
the healing of a society is indispensable.