By
Nwokike Confidence Ugochi
The Dutch proverb that says “paper is more patient than memory has proven itself always in every field of life. People tends to refer easily to written items than items stored in a different way and this very development has affected all fields of life especially the field of law.
Writing has for long been reckoned as fundamental to the exposition of law1 in Nigeria. Processes of the court requires one to tender his claims and argument in a written form despite the fact that it would be effectively deliberated on in the court with words of mouth.
Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memorandum and briefs2. It is a written disposition of council’s claims and arguments which highlights and embodies the ingredients that forms an essay. It is required that for one to perfect and be better in the field of law, then one must possess a good advocating skills which legal writing is a great essential to achieving. And for one to perfect the aspect of legal writing then one must be convalescent and be guided by the ethos and guidelines of writing itself.
Legal writing are briefs, memorandum, legal write-ups, judicial review, contracts to mention but few. These documents are extremely essential for court processes to take place, without these documents submitted to the court that would be sitting to hear a matter, advocating for a client in the court can not take place. Legal writing has a tradition which every practitioner must adhere to in making his documents. Effective legal writing has proven to aid in promoting advocacy and justice in Nigeria over the years. This is not surprising as a well crafted legal writing could become persuasive to the court thereby promoting social justice. Legal writing is an unmistakable element of advocacy and the major aim for advocacy is to do justice.
Legal writing has been noted in Nigeria as not just an element of advocacy but a tool for social justice. It has played a critical role in an array of social modern justice 3 in Nigeria. Notable ways in which legal writing has played significant roles in promoting advocacy and social justice in Nigeria include:
1: Challenging Unconstitutional Laws: articles and journals have been written by legal writers in Nigeria to challenge laws which are deemed to be contrary to Nigeria constitution, beliefs and way of life. Femi Falana, a human rights activists challenged same sex marriage act in 2014. His activities was widely carried out through legal writing, where he called on the government to prohibit same sex marriage as it will appear as imposition of foreign culture on Nigerians. Through legal writing, Femi Falana and some other notable individuals like Funke Aboyade 4 was able to secure justice for Nigerians and uphold their culture and belief.
2: Challenging Electoral Laws: legal writers have expressed displeasure over electoral processes in Nigeria. They have advocated for free and fair election, calling on Nigeria government to make laws and adopt processes that would ensure transparency in every election in Nigeria. Itse Savage, a renowned constitutional lawyer has written tremendously, requesting and telling the need for electoral reforms in Nigeria. He appeals for transparency in the electoral processes in Nigeria.
3: Advocating For Gender Equality: The appeals and requests for gender equality in Nigeria have mostly been carried out through legal writings. Nigeria, a nation whose fore fathers passed down the assumption that women are inferior beings gradually changed their mindset through the effectiveness of legal writing. Laws have been made to prohibit any form of discrimination in Nigeria and it is a great thanks to legal writing. A great example of such law is the provision of section 42 of 1999 constitution of Nigeria as amended which threw caution to the wind, kicking against any form of discrimination.
4: Raising Awareness: raising awareness of things have majorly been carried through legal writings. Public awareness about critical social issues have been created through legal writings. Nigerians are educated on a daily basis on their rights and duties. They are thought how best to seek redress if their right have in anywhere been breached. They are also exposed to the fact that government owe them some certain responsibilities and all these awareness which has been made possible through legal writing have contributed a lot in maintaining social justice and advocacy.
Legal writing is a powerful tool for upholding social justice and advocacy in Nigeria. This essay highlights ways legal writing have proven itself not to be traded of with any other thing. Legal writing educates Nigeria legal practitioners who in turn advocate earn justice for Nigerians through advocacy. Peace is also enabled in the society because most people are privileged to access legal writing that bothers on the do’s and don’ts of the societal law. How could Nigerians have survived their difference without the almighty hands of legal writing?
REFERENCES
1 Abiola Sanni, Introduction To Nigerian Legal Method, (Rev., ed., 2015)
2 Kristen Clement And Stephanie R .Hartung, Social Justice And Legal Writing Collaboration, Promoting Student Engagement And Faculty Fulfillment, 10 DePaul J. for Soc (2017)
3 Kristen Clement And Stephanie R. Hartung, Social Justice And Legal Writing Collaboration, Promoting Student Engagement And Faculty Fulfilment,10 DePaul J. for Soc(2017)
4 Abimbola Akosile, Nigeria: Falana, Aboyade Urge Caution Over Implementation Of Anti- Gay Law, 15 J.L. All 1(2014)