Law as a tool for economic advancement and national security (3)

1. Currency of Legislations:

By currency of legislation, we mean that for legislative enactments to achieve maximum impact as a tool, they must be consistently designed and tailored toward addressing current prevalent realities and issues in the areas of economic growth and national security. The rate and rapidity of change in the areas of economy and security in Nigeria, without a shadow of doubt, is astronomic. Unfortunately, one of the greatest hindrances of many of our legislations is antiquatedness. Many of these laws are decades backwards in provision. It is suggested that for cutting-edge effectiveness, constant and consistent reforms in the form of reviews, repeal and re-enactment, or amendments of legislative laws must characterize the modus operandi of the law-making bodies especially with a view to bringing the law up to speed to match the rapid pace of changes in economic and security situations in the country. A good instance of the reform being advocated under this head includes the innovations and novelties introduced by the Companies and Allied Matters Act, (C.A.M.A.), 2020, leading to tremendous ease of doing business. This has certainly translated into economic growth. Also, with respect to security, the Police Act of 2020 is another welcome upgrade in the realm of national security.

 

1. Uniformity/Harmony of Legislations:

Another important index of legislative enactments as a tool for economic growth and national security is the need for uniformity of legislative enactments. Discordant plurality and multiplicity of statutes is a great drawback to effectiveness. For instance, multiplicity of tax laws has led to the economic malpractice of multiple taxation. While taxation is a primary source of revenue to the government, the underlying approach should not be to milk businesses to death by multiple taxation particularly as it is the businesses that provide most of their own amenities needed for their operations to thrive. Recently, the CBN released the Circular on Implementation Guidance on the Collection and Remittance of the National Security Levy (which the Bank had withdrawn) allegedly based on Section 44 of the Cybersecurity Act. This came under litigious challenge by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) in court as constituting an unconstitutional taxation move.

 

1. Global Competence/Competitiveness of Legislations:

It has become axiomatic that the world has become a global village. This comes with tremendous multifaceted implications for the participation of sovereign states on the global dinner table of comity of nations. While the interest of the sovereign State in foreign policy must take the front burner and be given priority, legislations must take into account global best practices in the realms of economic growth and national security. While legislations must be autochthonous, home-grown and organic directly reflecting and addressing the local realities of the country’s economic growth factors and national security, serious attention must be paid to the dynamics of forces interplaying in the overarching global big picture in the area of economy and security. For instance, laws on National Security which fail to take cognizance of the global perspectives on national and intercontinental terrorism and cyber-security issues are grossly incompetent. This calls for a serious upgrade of legislative competence and expertise on the part of our legislators to be able to meet global standards.

 

1. Just Allocation and Distribution of Commonwealth:

But for corruption, through a strong political goodwill on the part of our leaders, fiscal legislations such as Appropriation Acts can serve as a veritable tool for equitable allocation of common wealth of the nation will go a long way to allay threats to economic growth and national security in line with the Fundamental Objectives and Directive Principles of State Policy leading to prosperity for all.

 

1. Deterrent and Penal Legislations:

A key jurisprudential object of criminal law is to deter potential offenders and to punish actual lawbreakers. It is our observation that the rampancy with which offenders are let off the hook, from the ranks of corrupt high-clout politicians, down to terrorists, is alarming. They breach the law with impunity and get away with it in this country without any punishment. We submit that determined application and enforcement of the deterrent and penal aspects of our statutes to the letter, without fear or favour no matter whose ox is gored shall, to a great extent curb the problem of economic sabotage and threat to economic security.

 

1. Case law & the judiciary:

Case law or judicial decisions based on interpretation of the Constitution, legislations and other legal instruments constitute another major tool for economic growth and National Security. Over the years, case law has unarguably defined and redefined the province of economic growth and advancement as well as national security. Certain important factors regarding the impact of case law as a tool in these regards deserve some examination.

 

1. Conflicting Judicial Pronouncements:

A cardinal principle of our legal system is the doctrine of stare decisis, a legal Latin phrase which literally means “let the decision stand” or “to stand by things decided.” This is the doctrine that guarantees stability and predictability of judicial interpretation of laws. Unfortunately, there is growing propensity on the part of judges and justices of superior courts to depart from this time-honoured doctrine which has, until recently, held the polity together and inspired in the citizens’ confidence in the judiciary. That culture is fast being eroded. Nowadays, it is no longer uncommon to find courts of coordinate jurisdiction deliver discordant rulings and decisions in cases with similar facts. We submit that this has, directly or indirectly, led to economic regression and aggravated national insecurity. It is advocated that our judges should appreciate the impact of their judicial pronouncements and the ripple effect of conflicting decisions.

 

1. Abuse of the Device of Ex parte Orders:

Ex parte orders are quia timet orders intended to forestall the destruction of the res subject matter of litigation but to ensure maintenance of status quo ante bellum pending the hearing and determination of the Motion on Notice and eventually the substantive suit. However, instances of abuse of these orders abound. We are aware of cases where ex-parte orders have been inordinately granted, grinding the progress of thriving businesses to a screeching halt. Inestimable massive economic losses continue to be eventuated due to such orders erroneously granted by judges. It is advocated that adherence to the 7-day lifespan be made sacrosanct with extension only where expedient and done through judicious exercise of discretion.

 

1. Disobedience of Court Orders:

The Constitution provides for the enforceability of the decisions and orders of superior courts. It is fast becoming a norm nowadays for litigants to flout orders made by the court. We observe that this spate of events dulls the edge of effectiveness of case law as a tool for economic growth and national security. This certainly aggravates the incidence of self-help and abusive extrajudicial measures in settling disputes. We submit that this certainly can ground economic advancement and compromise national security.

 

1. The role of the bar

The role of the Bar in the whole panoply of economic growth/advancement and national security cannot be overlooked. Lawyers and legal experts, by their mode of operation and practice, constitute a category of workmen who wield or handle the law as a tool for economic advancement and security. If lawyers uphold their oath of allegiance to uphold the Constitution and professional ethics and good conscience in the manner in which they render legal services, then we can rest assured that tremendous progress and improvement shall become low-hanging fruits on the trees of economic growth and National security; if not, the rot and rust continue.

 

Conclusion:

We have seen that right from the crown of the hierarchy of laws starting with the Constitution, through legislations, down to case law, as handled by actors in the three arms of government, and other political office-holders, including legislators, judges/justices, and lawyers, etc, our corpus juris provides us with a rich toolbox which if properly wielded or handled, will bring about unprecedented prosperity for all in the form of economic growth/advancement and National Security. In light of the above sobering reality, we strongly urge it on you all, learned colleagues, to rise up from this conference with a renewed commitment to be a positive force and a good workman who need not quarrel with his tool but rather skillfully and conscientiously applying the same for concerted economic growth and National Security.

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