By
Eniayekan Deborah Oluwasemilogo
INTRODUCTION
On November 1st, 2024, malnourished minors were arraigned and tried for treason in Abuja. This act and accompanying circumstances culminated in a blatant display of injustice, one of several that justify the dismal ranking of Nigeria in the Social Justice Index. The fortunate turn of events in the above scenario i.e the acquittal of the minors, is not alway the narrative. Thus, in the face of this stark and prevalent social injustice, resort must be made to the judiciary_ the last hope of the common man, who bears a responsibility to protect and promote social justice. A powerful tool for the promotion of social justice at the disposal of the judiciary is legal writing, and this essay will explore the germane role this tool plays in promoting social justice and advocacy in Nigeria. It will also examine challenges and profer recommendations for improvement.
MEANING OF SOCIAL JUSTICE
The Merriam Webster dictionary defines justice as the administration and maintenance of what is just. It is also described in Okpe v Fan Milk Plc1as the fair and proper administration of laws.
Flowing from the above, Social Justice is the type of justice that centers on equal access to opportunities and resources2, as well as the protection and enforcement of human rights. A constitutional provision for the concept can be gleaned from Section 17(1) of the Constitution of the Federal Republic of Nigeria(as amended)3.
ADVOCACY
Advocacy is an art of persuasion that entails publicly pleading the cause of another.4It is a conferred duty on lawyers5.
LEGAL WRITING
Legal Writing according to the Legal Information Institute is any type of writing that seeks to confer legal knowledge to others, often in a clear and concise manner6. It can take the form of court processes, briefs, petitions, letters, policy proposals or articles for the enlightenment of the general public.
Legal Writing is of essence and at the core of the legal practice. L.H Edwards succinctly encapsulates this trite truth, in his words, “Becoming a successful lawyer means becoming a professional writer,”
ROLES
Legal Writing plays a germane role in the process of advocacy and litigation. In the occurrence of an infringement or breach of one’s rights, lawyers use legal writing to craft persuasive briefs that analyze and present facts in the court to secure justice. Legal writing is so important that it has been said by courts to play a more vital role than oratory arguments in advocacy.7
Legal Writing is a means of enforcing rights8. A judge employs legal writing to enforce rights by way of written orders and judgements. The arguments tendered before the court would not translate into substantial social justice if the court does not give an order to the effect. This order can take the form of a written injunction to stop an act constituting injustice or compel the commission of an act. Judges also utilize legal writing to amend antecedent unjust judgements. In the celebrated case of Donoughue v Stevenson9,Lord Atkin through the instrumentality of legal writing expanded the neighborhood principle and increased the scope of justice.
Legal Writing promotes Social Justice by aiding in the social sensitization of laws and rights. Quite arguably, the prevalence of social injustice can be linked to people’s ignorance of their rights. A report by the United Nations Development Programme(UNDP) states that over 50% of marginalized populations are unaware of their legal rights, leading to systematic social injustices. Even the bible, a chief authority in Christianity, puts it succinctly that a people can perish for lack of knowledge(Hosea 4:6).
Having established the dire need for the sensitization of laws in the promotion of social justice, who other person does this behoove on than the lawyer? and through which other tool can this be carried out than through legal writing? Thus, legal writing plays a primary role in creating awareness of rights and laws.
Legal writings in the form of articles published via various media ; online and in print, help to promote social justice as people are empowered with knowledge to claim what the law guarantees. For example, legal non-profit organizations like Knowledge Tent10 use legal writing
to promote social justice as they create awareness of legal rights and duties in young people and students in universities.
Legal writing promotes social justice as it is used to influence social policies and laws
Legal writing has a crucial role to play in shaping social policies. Legal writing can take the form of legislative drafting and be used to make just laws or effect needed amendments. It can also take the form of amicus curiae briefs and can be used to influence social policy. Consequently, by shaping policies and influencing laws in Nigeria, legal writing plays a role in promoting social justice and advocacy.
CHALLENGES
Inasmuch as legal writing plays a significant role in promoting social justice in Nigeria, there are challenges that impede on its effectiveness, reflected by Nigeria’s rank of 158 out of 190 countries on the Social Justice Index11. More often than not, there are cases of refusal to adhere to court rulings, or corruption that blinds the court from granting just petitions. It is also not uncommon to see the laws on paper not properly enacted due to corruption, neither is it uncommon to see poorly drafted laws. Another major challenge is the bureaucratic bottlenecks in the filing of court processes. This systemic issue delays justice, undermines the role of legal writing in promoting social justice and results in a denial of justice12.
In addition, the dearth of resources addressing the efficacy of legal writing in promoting social justice when compared to the plethora of resources on the technical aspects of legal writing, reflects a diversion of the legal profession from its main purpose of promoting social justice.
RECOMMENDATIONS
To deal with these issues and increase the efficacy of legal writing in promoting social justice, It is recommended that technology be used to digitize court processes. This deals with delays in justice administration and filing processes. Also, there is a need for a greater sensitization of lawyers of their roles in promoting social justice through legal writing. For example, initiatives like the Nnamdi Azikiwe University Law Review Writing Contest on the topic in question, is laudable as it assists in making the upcoming legal professionals aware of the onus to promote social justice and advocacy through legal writing.
CONCLUSION
To conclude, legal writing plays an important role in the promotion of social justice and advocacy in Nigeria by being a fundamental tool in advocacy and the enforcement of human rights, as well as, being instrumental in the social sensitization of rights and laws, shaping policies and influencing laws. There is thus a need to buckle down on the inherent potentials of legal writing in promoting social justice in Nigeria by addressing challenges and implementing solutions.
REFERENCES
1 (2017) 2 NWLR (Pt. 15499) 282 (SC)
2 ‘Social Justice’ https://www.investopedia.com/terms/s/social-justice.asp <accessed 18th November, 2024>
3 This provides that social order is founded on justice amongst other ideals.
4Emeka v Inspector General of Polic (2021) 10 NWLR (Pt. 1785) 489 (SC)
5 Section 22, Legal Practitioner’s Act.
6 Cornell Law School, Legal Information Institute, “Legal Writing” https://www.law.cornell.edu/wex/legal_writing <accessed 17th November, 2024> 7 Ogundiyan v State (1991) 2 NWLR (Pt. 181) 519 (SC
8 Section 36(6)(c) of the CFRN, empowers individuals with the right to legal representation to defend themselves and ultimately seek to enforce their rights and social justice.
9 [1932] AC 565, 578-599.
10 University of British Columbia, Social Work. “Social Justice in Nigeria”. University of British Columbia, 2024 . https://socialwork.ubc.ca/news/social-justice-in-nigeria/ . accessed <18th November, 2024>
11 Knowledge Tent. “Knowledge Tent on LinkedIn”. LinkedIn, 2024. https://ng.linkedin.com/company/knowledge-tent <accessed 18th November, 2024> 12 Nzeribe v A.G Imo State, underscores that the delay of justice is its denial.