By
Chinaemeze Benjamin Nweke
1.0 introduction
Legal writing includes a wide range of documents, including pleadings, contracts, legal opinions, briefs, and legal notes; even client letters. It is a trite law that such documents do speak for itself as judicially noted in the Court of Appeal case of Aiki v Idowu,[1] per Alagoa, J.C.A. when he stated thus: that a “Documents when tendered and admitted in court are like word shuttered and do speak for themselves”. The legal writing dose not only Promote advocacy but serve as a medium for fighting corruption, correcting judicial decisions held per incurima, fighting gender based violence and recommending the justiciability of the chapter 2 of the constitution of the federal republic of Nigeria.
However not all legal writing speaks for itself unclear and unprecise legal writing dose not promote advocacy it tends to accelerate ambiguity and misinterpretation in the legal practice therefore this essay aims at recommending strategic writing skills that promote robust legal writing while addressing the role that legal writing plays in promoting advocacy and social justice in Nigeria.
2.0 the role of legal writing in promoting advocacy in Nigeria
Legal writing serve as a medium through which attorney communicate complex argument and solidify their persuasive power which can make a difference in the outcome of a case, influence court, client and opposing parties. A strong, clear and persuasive writing promote advocacy through
2.1 Front Loading: This simply means filling all the documents to be relied upon in the civil suit alongside the originating process. Such documents include Statement of claim; List of witnesses to be called at the trial; Written statements on oaths of the witnesses except witnesses on subpoena and Copies of every document to be relied on at trial.[2] A robust drafting of the statement of claim for instance would have abreast the court with the cause of disagreement of each party to the case without the oratory or advocacy skills of the learned counsel. In addition, a well-drafted witness statement on oath would have already communicated to the court fact within the knowledge of the witness, without the witness oral testimony that while at the trial court the witness simply adopt the witness statement on oath.
2.2: Contractual documents: This are insurance agreement, or hire purchase agreement that stipulate the right and obligation of the parties, it may contain some clauses like the exemption clause or mode of install mental payment for hire purchase agreement, which can be determined by the parties or by a third party without the assistance of the counsel who drafted the agreement.
2.3 Client Letter: This are letters through which the lawyers without a physical meeting with the client advice, offers update and explanation of the legal matter to his client or to inform the client of a hearing date when such letters are straight forward and avoiding any legal jargon.
3.0 The role of legal writing in PROMOTING SOCIAL justice in Nigeria
Legal writing serve as the corner stone for legal practice in Nigeria through which lawyers, activists, and scholars highlight injustices, promote rights, and advocate for legal reforms. Here are some key ways in which legal writing as achieved this objective in Nigeria:
3.1 Raising Awareness: Legal writing sheds light on issues affecting marginalized and underserved communities in Nigeria, including issues like police brutality, gender-based violence, and land rights. For instance Zinat Jimada as of 22 of October 2022 At Oxford human rights hub platform as bring to the notice of the general public of how our country is a party to the convention declaring absolute prohibition of torture, including the Convention against Torture (CAT) that places an obligation on states parties to take effective measures to prevent acts of torture. In addition, how our Constitution also prohibits torture, and the penalty of 25 years imprisonment stipulated by the Anti-Torture ACT. Zinat through his legal writing as created the awareness to the public that there are legal safeguards against arbitrary arrest and detention and the mechanisms for oversight of the NPF as well.[3] Another case scenario is the writing of many scholars on law review article after the supreme court of united state overturned the decision in ROE V WADE[4] in Dobbs case,[5] which alarm the public on the rationale form departing from the established precedent and the injustice that the recent Judicial judgement tried to mitigate.
3.2 Shaping Public Policy And Law Reform: Hon justice Mujibat l Oshodi has showcased the objective of legal writing in shaping public policy in one of her article posted on the international association of women judges platform where she examined the inheritance laws in Nigeria, focusing on women’s rights and potential gender biases, she suggested strong reasons for the reform of these inheritance laws like Discrimination and denial of inheritance rights can have significant negative psychological effects, leading to feelings of worthlessness and powerlessness.[6] Another similar scenario is the Nigerian Law Reform Commission Act 2022: Old Wine in a New Bottle? By Bonnievolo these legal writing without much oral advocacy, or protest shape public policy and reforming some old laws in Nigeria by bringing it to the attention of the parliament.
4.0 Recommendations
It is only a precise and a clear legal writing that can promote advocacy and fight social injustice in Nigeria, so it is imperative for lawyers and activist to note the following recommendation to influence the persuasiveness and effectiveness of legal argument
Avoiding The Use Of Dense Statue: for instance 18.usc 2113(a) defined bank robbery thus: “Whoever, by force and violence or by intimidation takes or attempt to take from the person or presences of another, or obtain or attempt to belonging to, or in the care, custody control and management, or possession obtain by Extortion any property or money other things value of any bank credit union, or any saving and loan association or any building used in while or on or as a savings and loan association with intent to commit such bank, credit union or in such saving and loan association or building or part thereof so used any felony affecting such bank or such saving and loan association in violation in violation of any statue of the united states or larceny. Stating a dense statue dose not enhance readability and cannot promote advocacy, the approach is to use a summarized statue for instance 18. Use 2113 (a) define bank robbery as an individual taking from another, by force or fear, at bank, property or money belonging to the bank. Instead of a dense statue of which most legal writing are victims of.
5.0 conclusion
A party who has tendered a document in a court of law and admitted as an exhibit, will at the end of the litigation, either sail joyfully with it in the boat of victory or sink sorrowfully with it in the boat of defeat.” depending on the persuasiveness and clarity of the legal writing. Corruption, ills of the society, repugnant laws and custom can be addressed through a clear and a precise legal writing.
REFERENCES
[1] (2006) 9 NWLR (Pt.984).
[2] Bamidele Kolawole “Effects of front loading system in civil cases as it negates springing up surprises”(hope newspapers 23 June 2024) <http://https://www.thehopenewspaper.com/effects-of-front-loading-system-in-civil-cases-as-it-negates-springing-up-surprises/> accessed on 10 November 2024.
[3] Zinat Jimada. Brutality in Nigeria: Crisis of Non-Implementation (Oxford human rights hub Oct 22, 2021) <http://https://ohrh.law.ox.ac.uk/addressing-police-brutality-in-nigeria-a-crisis-of-non-implementation/> accessed on 14 November 2024.
[4] 410 U.S 113 (1973)
[5] 597 U.S 215 (2022)
[6] Hon. Justice Mujibat I. Oshodi “the inheritance right of women in Nigeria”(law journal 7 November 2023) <http://https://www.iawj.org/content.aspx?page_id=2507&club_id=882224&item_id=4986> accessed on 16 November 2024.