-By Dr. Tonye Clinton Jaja.
It is my firm belief and conviction that, if Almighty God allows this world to continue, a hundred years from now, future generations would study both the physical structure and the judgments of the Supreme Court of Nigeria as the ninth (9th) wonder of the world!!!
Apart from the judgments that installed Governor Rotimi Chibuike Amaechi (RCA), Governor Hope Uzodinma (HU), and Senator Godswill Obot Akpabio (GOA), the most recent judgment of the 28th February 2025 on the Rivers State House of Assembly, is another “law-defying” judgment that defies all known principles of law, logic and JURISPRUDENCE!!!
It is so extraordinarily logic-defying that it meets the criteria to be classified as a wonder of the world!!!
There were originally seven wonders of the ancient world.
“The 7 wonders of the world have always fascinated travelers and history enthusiasts alike. From the breathtaking ancient wonders like the Great Pyramid of Giza to modern marvels like the Taj Mahal, these iconic landmarks showcase human achievement and nature’s beauty. Recently, the temple complex of Angkor Wat in Cambodia has been unofficially recognized as the 8th wonder of the world”!!!
It is the duty of the United Nations Educational Scientific and Cultural Organisation (UNESCO) to set the criteria for selection of any heritage site as a “wonder of the world”.
It is on record that there are ten “criteria for UNESCO to classify any World Heritage Sites as a wonder of the world.
I have no doubt that if UNESCO applies the criterion of the most brazen “law and logic defying institution of the modern world, the Supreme Court of Nigeria, is bound to win the prize and recognition as the ninth (9th) wonder of the world!!!
A former President of the Nigerian Bar Association-NBA, Olisa Agbakoba, SAN has lamented that going by the recent trend of the judgments of the Supreme Court of Nigeria, the principle of legal certainty is all but gone because no lawyer can anymore predict with certainty the outcome of judicial decisions!!!
Another commentator, Justice Mojeed Adekunle Owoade, a former Judge of the Court of Appeal, has opined that the said Supreme Court of Nigeria judgment of 28th February 2025 creates legal uncertainty: “when court decisions lack clarity and bring about ambiguity in statutes and legal precedent, then it will be difficult for the courts to safeguard people’s fundamental rights. When this occurs know that you are in a banana republic. l pray our Supreme Court is not leading us to that direction”!!!
One thing that becomes discernable from this judgment is the very low grasp of knowledge of LEGISPRUDENCE amongst judges and lawyers in Nigeria.
In a nutshell, LEGISPRUDENCE is an area of legal scholarship that deals with the legal analysis of legislation (statues) which includes the constitution of any country which is regarded as the supreme legislation of any country.
In a previous article, I have highlighted through the use of three supreme court judgments that the lead judgment of Hon. Justice Emmanuel Akomaye Agim, JSC displayed a lack of grasp of LEGISPRUDENCE considering that it was bereft of the
application of legal analysis of legislation. The said Hon. Justice Agim’s judgment failed to apply the known principles of interpretation of legislation that applies to both the Nigerian Constitution and other legislation and subsidiary legislation such as the Hansard!!!
This yawning gap creates an opportunity to introduce LEGISPRUDENCE into the curriculum of both legal and judicial education in Nigeria.
The curriculum of the National Judicial Institute (NJI) of Nigeria does not train judges on how to handle interpretation of legislation which is the core focus of LEGISPRUDENCE.
Neither does the curriculum of contemporary legal education include LEGISPRUDENCE.
All focus is on jurisprudence.
This is contrast to the curriculum of legal education in the United States of America (USA) and Europe which includes a study of LEGISPRUDENCE.
It was in the year 2008 that I first came across the word LEGISPRUDENCE as a PhD student at the University of London. At the law library, I came across a law journal entitled: “LEGISPRUDENCE: Theory and Practice of Legislation”. It commenced publication in the year 2007 by legal scholars at Universities in the Netherlands. It is still in publication by Taylor and Francis Group of the United Kingdom!!!
The U.S. Supreme Court, in Board of County Commissioners for Sublette County, Wyoming v. Exxon Mobil Corporation, referred to legisprudence as “the jurisprudence of legislation,” highlighting its utility in interpreting legislative intent.
Similarly, in Bank Direct Capital Finance, LLC v. Plasma Fab, LLC and Russell McCann, the importance of legisprudence in today’s statute dominated era was emphasized, underscoring its role in fostering judicial restraint and adherence to statutory text.
Imer B. Flores (2007) has suggested that the term “legislativeprudence” could be another way to describe legisprudence.
This concept involves studying how laws are made, analysing the laws themselves, and examining the role and actions of legislators within the legislative process—essentially, what lawmakers can and cannot do in the legislature.
A practical example of legisprudence might be a legal scholar analysing a specific statute to see how it aligns with different legal theories.
For example, they might question whether the law reflects a natural law approach, which emphasizes moral principles and universal truths, or a legal positivist perspective, which focuses on the authority of the state to define and enforce laws.
Judges also engage with legisprudence when interpreting laws.
They may consider whether a law should be applied narrowly or broadly, depending on their understanding of its purpose—whether it is intended to safeguard individual rights or advance the common good.
This analysis bridges theory and practice, illustrating how different philosophies influence the interpretation and application of legislation”
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