What led me to ever nurture the idea of studying law was my mother's sense of justice. She defended the weak throughout her lifetime. And she lived and died well. As a result of the observation of my mother's character, I took after her and developed a vision to read law, if only to be able to defend the defenceless. However, during my 9-year training as a Lawyer starting with a Diploma, graduating to the LL.B level and finally to the point of being called to the Nigerian Bar, one thing agitated my mind. That thing is: Man's inhumanity to a fellow man!
My exposure to the various aspects of both the criminal and civil law studies gave me unhappiness. The only aspects of the law that gave me joy was Equity. Law is so rigid that equity has to evolve. An elementary example: A is owing B money. Simply because B is silent over it for upwards of six months, then legally he is statute-barred, meaning he may not recover his money. So the debtor will keep vigil so the creditor will not make a demand within the period. For good 3-4 years, arguments, adjournments, etc may continue over this 'technicality'. In the process, the creditor is suffering more hardship in addition to the possible loss of his money. Let's look at another social issue. If a married woman, for any reason beyond her control, gets pregnant for another man other than her legal husband, and it is proved that the child belongs to the other man, a custom or tradition (local equivalent of the rigid law) says because the other man did not pay dowry on the woman, the man that paid the dowry is the rightful owner of the innocent child! Yet when the child is growing up, in his step-father's house, he is subjected to all forms of turture by those who consider themselves superior by birth to him.
My exposure to the various aspects of both the criminal and civil law studies gave me unhappiness. The only aspects of the law that gave me joy was Equity. Law is so rigid that equity has to evolve. An elementary example: A is owing B money. Simply because B is silent over it for upwards of six months, then legally he is statute-barred, meaning he may not recover his money. So the debtor will keep vigil so the creditor will not make a demand within the period. For good 3-4 years, arguments, adjournments, etc may continue over this 'technicality'. In the process, the creditor is suffering more hardship in addition to the possible loss of his money. Let's look at another social issue. If a married woman, for any reason beyond her control, gets pregnant for another man other than her legal husband, and it is proved that the child belongs to the other man, a custom or tradition (local equivalent of the rigid law) says because the other man did not pay dowry on the woman, the man that paid the dowry is the rightful owner of the innocent child! Yet when the child is growing up, in his step-father's house, he is subjected to all forms of turture by those who consider themselves superior by birth to him.
But equity will look at it this way: Is the man owing? then it is just fair that he pays irrespective of how long. In the case of the latter, equity will see giving A's child to B because of dowry paid on her mother as injustice. Thank God the position of the law today reflects that of equity in the sense that once a father acknowledges his paternity of a child, that child is free to join his father. But alas! custom and tradition is still struggling with that and it takes unusual boldness for the child to be able to liberate him or herself from the grip of barbaric law, custom and tradition.
Some other methods of softening the rigidity of the law have evolved over the years such as the Mediation and Arbitration method and the Law Courts themselves are giving due recognition to their decisions. The rigidity of the law as well as unGodly acts of some Lawyers who for the sake of their daily bread would take undue advantage of the rigidity of the law to mete injustice to their opponents makes me feel uncomfortable with litigation. Rather, I prefer any method that will identify the truth and bring about justice without wasting people's time, energy and other resources.
This is the main reason why even as a Lawyer, I hate litigation like plague. My approach is that all known humane and negotiative methodss should be exhausted. Litigation should only be the last resort when all other methods have failed. As I always advocate, we should allow LOVE to prevail over the rigidity of the LAW. Good morning.
