The Role of Legal Writing in Promoting Social Justice and Advocacy in Nigeria

Article

By

Owoade Anuoluwapo Boluwatife.

1.0. Introduction

1.1. Definition of Legal Writing.

Legal writing is made up of two keywords: Legal and Writing. According to the Black’s Law Dictionary, legal means relating to or involving law generally, falling within the province of law.[1] Writing is forming, producing, or making any word, number, or sign, whether or not it is intelligible, sensible, or passes any information.[2] Therefore, legal writing refers to any type of writing within the legal profession that seeks to confer legal information to others that is usually clear, concise, and, above all accurate, as defined by the Wex definition teams ( Cornell Law School).

1.2. The Concept of Social Justice and Advocacy.

Social justice simply means fairness in society i.e. aims to eliminate or negate unfair treatment in the society. Social justice is commonly associated with the creation of a just society, with the underlying assumption that justice implies human welfare through equal rights and share of benefits, fair treatment, recognition of cultural differences, and equitable access to resources and opportunities.[3] On the other hand, Advocacy is the art of pleading or actively supporting a cause or proposal especially in lawsuits.[4]  Advocacy is defined as any action that speaks in favor of, recommends, argues for a cause, supports or defends, or pleads on behalf of others. Advocacy promotes social justice in society and ensures that society upholds everyone’s human dignity, protects human rights, influences unfair laws and policies, and ensures that people’s voices are heard for their needs, especially minority groups.[5]

2.0. THE ROLE OF LEGAL WRITING IN PROMOTING SOCIAL JUSTICE AND ADVOCACY IN NIGERIA.

  1. Legal writing and Judicial systems: The judicial arm of government must be independent  and transparent for there to be adequate advocacy and  social injustice in Nigeria. The judicial arm of government is responsible for upholding the dictates of the  constitution and discharging justice in every legal system and maintaining law and order in a country.[6] Any compromise with the independence and transparency of the judiciary can result in violation of the principles of rule of law and violation of the human rights of the public. Legal writing promotes social justice and Advocacy by creating awareness on the judiciary’s limitations and it’s effects on social justice and advocacy and also by creating effective solutions that can strengthen the independence and transparency of the Judicial arm of government for the good of the public.
  2. Legal Writing and Corruption: The infiltration of corruption, i.e., bribery and abuse of power in the courts and amongst authoritative bodies, are a major cause of social injustice and ineffective advocacy in Nigeria. Where corruption is the norm, vulnerable people have restricted access to justice while the rich and powerful capture whole justice systems, at the expense of the common good.[7] Corruption is an opposition to democratic principles, i.e., equal participation, and representation, which is the cornerstone of social justice and advocacy. Corruption can be dealt with by effective use of legal writing to raise awareness of the corrupt acts causing social injustice and proffering solutions that can promote social justice and advocacy in Nigeria.
  3. Legal Writing and Gender Inequality: Gender inequality in Nigeria is one of the top causes of social injustice and ineffective advocacy. Gender inequality exists in some parts of Nigeria as a result of the patriarchal environment which plays a major role in promoting social injustice in Nigeria. The life of Nigerian women is affected by a myriad of discriminatory traditional and socio-cultural practices, which put them at a disadvantage in several areas compared to men.[8] Legal writing can be used to promote informed discourse on gender equality and its significance in having a Nigeria free from social injustice and effective advocacy.
  4. Legal writing and Political instability: Political instability, according to the Oxford Advanced Learners Dictionary (2015), is a political situation in which things are likely to change or fall suddenly in a society. Political instability arises from the prevailing incidences of perceived social injustice and discrimination among the citizens and the inability of the government to address the challenges of the masses.[9] Legal writing is a medium that can aid in advocating for political stability by using legal write-ups to expose political vices and hold political leaders accountable for their actions.
  5. Legal writing and Human rights: In the 1999 Constitution, Human Rights are referred to as the ‘Fundamental Rights’ and are contained in Chapter IV, Sections 33 to 43. These rights were established to promote social justice and to give room for advocacy for the public. Nigeria has numerous cases of violation of the human rights of its people, and this negates the principles of democracy, the bedrock of Nigeria’s government. Legal writings provide awareness of human rights to the public. Legal writings play a crucial role in exposing human rights abuses and empowering victims whose rights have been violated.
  6. Legal writing and Public participation: Public participation is a crucial key to a thriving society.  “Participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.”[10] this statement means that the public should participate in decision-making and governance of the country. Legal writing plays a vital role in public participation by providing a framework for citizens to engage effectively in decision-making processes to ensure growth and development in the society. Through legal writing, individuals and organizations can express their views, concerns, and interests, ensuring their voices are heard by policymakers. 

3.0. CONCLUSION.

 Legal writing plays a vital role in promoting social justice and advocacy in Nigeria. Through legal writings in the form of articles, books, newsletters journals etc., the promotion of social justice and advocacy can be realized. When legal professionals or legal aspirants write, it raises public awareness of social, economic, and political issues affecting the country and the way forward. Through legal writing the unjust policies and laws made by the authorities are influenced and called out to the knowing of the public and the public are educated of their social, economic, fundamental human rights as provided by the constitution.

REFERENCES

[1] BA Garner, Black’s Law Dictionary ( 11th ed., Thomson Reuters, 2019) 1072.

[2] Ese Malemi, The Nigerian Legal Method ( 3rd revised edition, Eni Eja Alobo, 2021) 638.

[3] Mona khechen, Social justice: concepts, principles, tools and challenges,(2013) 4 https://www.unescwa.org/sites/default/files/pubs/pdf/social-justice-concepts-principles-tools-challenges-english.pdf

[4] BA Garner, Black’s Law Dictionary ( 11th ed., Thomson Reuters, 2019) 68.

[5] Ten reasons why Advocacy is important( 6th  August, 2024)[Yeshiva University blog] https://online.yu.edu/wurzweiler/blog/10-reasons-why-advocacy-is-important( 12th November,2024).

[6] Ese Malemi, The Nigerian Legal Method ( 3rd revised edition, Eni Eja Alobo, 2021) 501.

[7] Transparency International-Corruption perception Index 2023, Time to end impunity for corruption ( 30th January,2023) https://www.transparency.org/en/cpi/and

[8] Oxfam, Inequality in Nigeria- exploring the drivers( 2017)[Pdf]https://www-cdn.oxfam.org/s3fs-public/file_attachments/cr-inequality-in-nigeria-170517-en.pdf [ 12th November,2024]pp.18.

[9] Rasheed Aderemi, RAJI & Elizabeth Ikeola WAHAB, Trends of political instability in Nigeria: the

Way forward (2016) VOL. XIX (1) Nigerian journal of social studies, pp.1

[10] Constitution of the Federal Republic of Nigeria ( CFRN) 1999 as amended, Section 14(2)(c).

Leave a Reply