Experts have made a case for the study and preservation of legal history, saying without it no country will reach its greatest heights.
The lawyers spoke recently in Lagos at the maiden conference of the Legal History Society of Nigeria.
According to them, knowledge of legal history will help to significantly advance the rule of law.
They stated that the Society will, among others, provide young lawyers and other knowledge enthusiasts the opportunity to fully appreciate current legal problems by examining the past.
Chairman of the occasion and former Minister of Justice of the Federation, Chief Bayo Ojo (SAN), said he was fascinated by history, adding that those who fail to learn from history are bound to repeat it.
Keynote speaker, Prof. Philip Girad of the Faculty of Osgood Law School, Canada, said: “A country is as good as its legal history and no country will reach its greatest heights without a sound knowledge and improvement of its legal history.”
A former Commissioner for Justice and Attorney-General of Lagos State, Mr. Olasupo Shasore, stated that the necessity of legal history is that it is the same as the history of law.
“Legal history and politics are interwoven, when you find law in a place, and the rule of law are, (they) intricately interwoven. War time regulations are the root of pre-action notice to statutory organisations …Law predated colonial intervention,” Shasore added.
Another discussant, Tayo Oyetibo (SAN) stated that Nigeria’s Legal History “existed before colonialism, under our customary laws. You cannot divorce the politics of the people from the legal history of Nigeria.
“Legal History is necessary because if you wish to pass laws that will impact the people today, you must look at yesterday.”
Speaking on the sidelines of the event, Prof. Fabian Ajogwu (SAN) told The Nation that the creation of the society “is a giant and unprecedented stride towards creating a progressive legal profession’’.
“The revival of history, legal history in particular through the formation of the Legal History Society, is excellent news. It is my view that the structure of the Society is a leap in the right direction. The Society presents the perfect forum for young lawyers as well as other knowledge enthusiasts to fully appreciate the current legal practices by drawing instructive lessons from the past.
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“It is imperative that history in all its forms whether it be legal, political, cultural, social or any of the many kinds of history is preserved and not forgotten. This broad sense of understanding will ultimately ensure that there is a higher sense of morality and renewed duty by all individuals involved.
”Legal history informs us about vital questions regarding how we organise our society; it is a tremendous guide to all sorts of questions concerning, in particular, morality and duty,” he said.
According to him, societies, such as the Legal History Society, are essential for enlightening young lawyers about the fundamentals of the legal jurisprudence.
“The Society will allow members to understand the gaps between past practices and what we currently demonstrate within the legal profession today. This will ensure that we are not working to correct mistakes that have already been tackled but instead building on advancements made to create a more forward-looking legal domain,” Ajogwu added.
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