By
Valentine C. Muoma*
1.0 INTRODUCTION:
Legal research and writing are important modules in the curriculum of academic legal education in Nigeria. Legal research involves the systematic investigation towards ascertaining the state of the law, and in the words of Vibhute and Anynalem (2009: 22), ‘with a view to making advancement in the law’. Legal writing, on the other hand, comprises the methods of synthesising authorities or research resources to produce a research output or report¹. The output of legal writing is what is used by legal practitioners for legal arguments in the court of law. It also aids the court in the administration of justice.
Legal writing is the last stage in the legal research process, as any research endeavor is incomplete without the report². This is where the knowledge acquired from the teaching of research methods and methodology is put to practical use. Legal research and legal writing are important skills required by members of the legal academy (law teachers and law students) to enable them, first and foremost, to find solutions to legal problems, as part of their professional/academic commitment³. Secondly, legal research and writing skills equip members of the legal academy with the requisite capacity to discharge their obligations to the society. Among all the categories of legal researchers – legislators, judges, law advocates, and legal academics – who are involved in legal research and legal writing, legal academics have the greatest comparative aptitude and reasons for undertaking legal research and legal writing⁴. This is the case because in their professional endeavors, legislators, judges and law advocates write in law, whereas legal academics write about law in order to develop doctrines through the application of doctrinal and non-doctrinal legal research methods to clarify the state of the law; to take a position on the state of the law; to provide alternatives where there is a conflict in the law; to make recommendations where there are gaps in the law; and to proffer solutions on how to improve the law⁵, in ways that will be beneficial to policy makers and the society at large. Both language and structure are brought to bear when engaging in legal academic writing
2.0 The Concept of Legal Writing, Social Justice and Advocacy
Legal writing refers generally to the analysis of fact patterns and presentation of arguments in legal memos and briefs. Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. Legal writing involves drafting a balanced analysis of a legal problem or issue. It is persuasive, and advocates in favour of a legal position. Legal writing is usually in the form of an essay⁶.
According to the Oxford English Dictionary, advocacy is defined as “the act of pleading or arguing in favour of something or someone; active support or defence of a cause or person.”
Social justice refers to the pursuit of fairness, equity, and equality in society, particularly for marginalized and disadvantaged groups. It involves addressing systemic injustices and promoting human rights, dignity, and well-being for all individuals.
According to the United Nations, social justice is defined as “the fair distribution of resources, opportunities, and services within a society, and the protection of human rights and dignity.”
The World Social Justice Day, observed on February 20, emphasizes the importance of social justice in achieving a more equitable and just world.
3.0 The Role of Legal Writing in Promoting Social Justice and Advocacy in Nigeria
Legal writing plays a vital role in promoting social justice and advocacy in Nigeria. Through the use of statutes and cases, legal writing provides a framework for advocating for the rights of marginalized communities and promoting social justice. Statutes such as the Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples’ Rights provide a foundation for legal writing in Nigeria. These statutes enshrine the rights of individuals and groups, including the right to life, dignity, and freedom from discrimination⁷.
Cases such as Abacha v. Fawehinmi and Attorney-General of Ondo State v. Attorney-General of the Federation demonstrate the power of legal writing in promoting social justice. In these cases, the courts used legal writing to uphold the rights of individuals and groups, and to promote accountability and transparency in government.
Legal writing also plays a crucial role in advocacy in Nigeria. Through the use of legal language and argumentation, advocates can bring attention to social justice issues and push for change⁸. For example, the use of legal writing in the EndSARS movement helped to bring attention to police brutality and extrajudicial killings in Nigeria.
Furthermore, legal writing provides a tool for legal education and empowerment. By providing access to legal information and resources, legal writing can help to educate individuals and communities about their rights and how to advocate for them. it is an essential tool for any advocate seeking to create positive change in Nigeria.
Moreover, legal writing has been used to advocate for women and minority rights in Nigeria. For instance, the case of Ejieke Maduka v. Microsoft⁹ highlighted the issue of gender-based violence and the need for legal protection for women. Legal writing has also been used to advocate for the rights of marginalized communities¹⁰.
Furthermore, legal writing has played a crucial role in promoting accountability and transparency in government. Legal writing can be used to challenge unjust laws and policies that perpetuate social inequalities. By crafting persuasive legal arguments and advocating for change, legal writers can help to dismantle systemic barriers and promote social justice.
Moreover, legal writing can be used to empower marginalized communities by providing them with access to legal information and resources. This can be achieved through the creation of legal guides, workshops, and other educational materials that explain legal rights and procedures in a clear and concise manner.
Furthermore, legal writing can be used to promote accountability and transparency in government. By writing freedom of information requests, legal briefs, and other documents, legal writers can help to uncover truths, expose wrongdoing, and hold those in power accountable¹¹.
4.0 Conclusion
In conclusion, legal writing is a powerful tool for promoting social justice and advocacy in Nigeria. By using legal writing to advocate for the rights of marginalized communities, challenge unjust laws and policies, empower communities, and promote accountability and transparency in government, legal writers can help to create a more just and equitable society.
REFERENCES
* Valentine Chibueze Muoma is a 400 level student of the faculty of law, Nnamdi Azikiwe University, Awka, Anambra State.
- B. A. Garner, op, cil., 284.
2.Vibhute and Anynalem, 2009: 49-60
- Vibhute and Anynalem, 2009: 40
- Vibhute and Anynalem, 2009: 34-43
- Vibhute and Anynalem, 2009: 97-98
- https://www.learnnigerianlaw.com/learn/legal-methods/legal-writing: Legal Writing
- L. Currie: “Legal Writing and Social Justice”.
- F. Falana: “The Role of Legal Writing in Advocacy”.
- NICN/LA/492/2012
- C. Heyns: “Legal Writing and Human Rights”
- R. B. Ginsburg: “The Power of Legal Writing”