By Awa Kalu

Although there is no agreement on the definition of law, we shall rest on the definition provided by the authoritative Black’s Law Dictionary, 8th edition. It is to the effect that law is ‘the regime that orders human activities and relations through systematic application of the force of politically organized society, or through social pressure backed by force, in such a society’.

It is also said to mean ‘the aggregate of legislation, judicial precedents, and accepted legal principles; the body of authoritative ground of judicial and administrative action: esp. the body of rules, standards and principles that the Courts of a particular jurisdiction apply in deciding controversies brought before them’.

From the foregoing, and this is inspite of any school of jurisprudence to which we may individually belong, it is easy to say that only good leaders can make good laws. It is good leaders who apply what the Dictionary above refers to as the regime that orders human activities and relations through systematic application of the force of politically organized society.

It is our view that the systematic application of the force of politically organized society can only be done through the legislative, executive and judicial branches of government _ mainly. For, while the legislature makes the laws in question, they are executed by the executive. The interpretation of the law, in the main, falls within the purview of the judiciary. It ought to be noted that if the making or execution of the law is faulty, the judiciary has the constitutional authority to correct them.

If the law is ambiguous, the judiciary can render an interpretation, when called upon to do so, that remedies the situation and clarifies the ambit of the law. The interpretative jurisdiction of the Courts, in our milieu, provides the fertile ground not just for clarity in the law, but defines the signpost for future activity. It is for that reason that Sir Udo Udoma, JSC, in Nafiu Rabiu v. The State, advised that;

“……the function of the constitution is to establish a framework and principles of government, broad and general in terms intended to apply to the varying conditions which our general communities must involve, ours being a plural, dynamic society, and therefore mere technical rules of interpretation of statutes are to some extent inadmissible in a way so as to defeat the principles enshrined in the constitution ……”

Let us take refuge in the words of the erudite but late American Jurist, Benjamin Cardozo, who said;

‘The final cause of the law is the welfare of society. The rule that misses its aim cannot permanently justify its existence; ethical considerations can no more be excluded from the administration of justice…. than one can exclude the vital air from his room and live”. Logic and history and custom have their places. We will shape the law to conform to them when we may; but only within bounds.

The end which the law serves will dominate them all….. I do not mean of course, that judges are commissioned to set aside existing rules at pleasure in favour of any other set of rules which they hold to be expedient or wise. I mean that when they are called upon to say how far existing rules are to be extended or restricted, they must let the welfare of society fix the path, its direction and distance…..’

It is not only Judges who should be affected by Justice Cardozo’s words. All our leaders should know where to set aside the existing rules.

On a final note, guided by the definition of ‘leader’ and ‘leadership’, there is no doubt that each person in this hall is a leader of some sort. If you are not a family leader, you may be a leader in your community, a leader in your church, a leader in your prayer group or at best an opinion leader and at these levels it is not too difficult to make things happen. It is our responsibility as leaders at our different levels to team up with the aid of the law and elevate the society along the path illuminated by Hon. Dr. T.O Elias. As was said by a well known philosopher, ‘if you are not a part of the solution, you must be a part of the problem’. Which one are you? Thank you.

Point to ponder

“When a leader is nobler than his people, a nation becomes great. When the people are nobler than their leaders, disaster is certain”