A legal luminary, Dr.C.A.J. Chinwo, has expressed concern over the scarcity of lawyers pursuing public interest litigation(PIL) in Niger Delta region.
Chinwo made this known while presenting a paper titled, “Public Interest Litigation and Enforcement of Judgment in Environmental Matters in Niger Delta Region”, at a one-day interactive session on strengthening stakeholders’ capacity to enforce court judgement as well as inauguration of the Niger Delta chapter of Socio-Economic Rights and Accountability Project(SERAP)Volunteer Lawyers Network, held on Thursday, in Port Harcourt, Rivers state.
He called on legal practitioners to emphasize on PIL to help alleviate the sufferings of the people.
“There is no doubt that much has to be done to ameliorate the sufferings of the people of the Niger Delta Region against industrial activities, especially in the oil sector, which are destroying the flora and fauna and reducing the worth of the people’s lives.
“From the legal side, apart from actions filed by the direct sufferers, it is submitted that public interest litigations whether freely or for postponed rewards must be accentuated and pursued to help the people”, he stated..
He pointed out that the worth of a legal professional’s life does not consist in the fees he or she earns but the impact him or her makes in the lives of the people.
He maintained that where the elites, especially lawyers rise up to their responsibilities, the people’s rights are preserved on all sides including the environment, stating that one means that they can use is public interest litigation.
“It is what people like William Wilberforce used to fight Slave Trade and Slavery in England in addition to Acts of Parliament. It is what has been successfully used in Latin America, Asia and Europe to protect the environment and the people against industrial greed that devastate the environment”, he noted.
He lamented that Public interest ligation has been lacking in Nigeria.
“Public Interest Litigations (PIL) are initiated by public spirited individuals or groups either on behalf of victims who cannot be able to pursue litigation to vindicate their interests by paying lawyers and other professionals or in defence or projection of interest of general nature which the government and its agencies may refuse to pursue because they are the culprits or wink at the culprits. It has been a sort of litigation which has been lacking in Nigeria because of some legal rules and entrenched conservative (and sometimes selfish) attitude of the legal profession”.
Furthermore, Chinwo stated that the judiciary used to be the biggest hindrance to public interest litigation in Nigeria until 2019 when the Supreme Court had the courage to cross the rubicon and opened the door of PIL in the country.
He commend the apex Court for opening the door and burying the ghost of the technicality of locus standi which kept the people down for so long.
“From the case of Gambioba v Ezesi (1961) to Adesanya v President (1981) and several matters filed and fought by Gani Fawehinmi, Ayodele Awojobi, Civil Liberties Organisation, Committee for the Defence of Human Rights and so forth, the Courts stood as a wall of repulsion against those who dared pursue matters that touched the public or others for which they had no personal proprietary or pecuniary interest.
“The major tool in its hand was the concept of LOCUS STANDI by which the Courts were always keen to ask ‘How did it concern you? Or in our more popular rendering, ‘Wetin Concern you for this matter?’ Fatayi-Williams, CJN in the Adesanya case made a serious move to change the narrative but, may be when he saw that he would be in the minority, he turned at the nick and went with those who worshipped at the altar of locus standi. After making the following observation he still refused locus standi to the Senator pursuing a public interest litigation”, he cited.
Speaking further, the legal luminary said that the fight to secure the socio-economic rights of any people anywhere in the world is the greatest war that nations face.
“In every nation there is the constant war between power, wielded by those in government, and the rights of the people, claimed by citizens outside the government.
” In nations where power dominate, the people’s right are trodden under and the life or death of the people mean very little to those in power. On the other hand, in societies where the rights of the people have trumped and become well respected a government can fall for the wrongful death or abuse of right of just one citizen. That extends to their environment”, he said.
He identified people’s acquiescence, indifference and disappointment by unprincipled elite who cry against oppression of power when they are not part of it and join to oppress the people when they have opportunity as factors that have been responsible for the triumph of power over people’s rights in most nations including Nigeria, stating that this happens unfortunately with the legal profession in most nations and that the legal profession in Nigeria ranks high in this.
He commended SERAP and some notable Nigerians for pursuing public interest litigation.
” I commend SERAP for the great work the organisation has been doing for Nigeria, including the Niger Delta.Those who are concerned for the improvement of Nigeria for it to meet its potentials for good would better appreciate the sacrifices of the organisation in the past two decades or so.
“Nigeria is grateful to some persons who decided to overlook the laws and traditions of men which inhibited public interest litigation(PIL)in the nation.
” They include Gani Fawehinmi, Professor Ayodele Awojobi, Alao Aka-Bashorun, Beko Ransome-Kuti. All these are late now.
“We also owe gratitude to some living activists such as Olisa Agbakogba, Clement Nwankwo, Mike Ozekhome, Femi Falana. These are men who fought and to some extent still fight on behalf of the public, persons and groups for no fees and often at the expense of their lives and welfare.
“Many fought for the environment. Some other persons pursued the matters of public interest outside the courts. They pursued a wide range of subject matters.
“The most prominent subject in Nigeria, especially the Niger Delta, has been the environment and no other person brought it to the front burner in a higher scale than Ken Saro Wiwa.
“However, in terms of group pursuit of public interest litigation it is indisputable that no other organisation has been synonymous with public interest litigation in the last 20 years as the Socio-Economic Rights and Accountability Project (SERAP). As Nigerians living and dead are grateful to Gani Fawehinmi so I think they should be to SERAP.
“The organisation has made the defence of our rights and accountability by public officials matters of passionate and single-minded pursuit in spite of the disdain of the culprits, the indifference of the populace and the conservativeness of most judges”, he stated..
He encouraged more lawyers to volunteer to work with SERAP in the Niger Delta.
“Lawyers must proactively rise to their responsibilities whether in their private litigation and other practices or in collaboration with NGOs like SERAP to redeem our people and thereby redeem the Law”, he appealed.
