'Strange in Lagos' By Adesina Ogunlana

In the University, one of my delicious law courses was Jurisprudence. When we were in the infant class (Part 1) they called it “Philosophy of Law” but in the Exit Class, they named it Jurissssspruderincie!(apology to the late Professor Adaramola, who taught the subject to final year students at the Lagos State University.

It is inevitable to learn in a Jurisprudence class of the various “schools of law.” You will learn of the Natural Law, (Lex Naturalis) Human Law (Lex Humana) Divine Law (Lex Divina), and a score of other theories of law. In that wise you will come across figures like St Augustine, Austin, Kelsen, Roscoe Pond, Karl Marx, Jhering, Oliver Wendell Holmes etc. The earliest theory you probably learnt is Natural Law, which is the so called ‘Law of Nature’ governing the celestial bodies, the seasons, usually rigidly set predictable and endless. According to this school, Man is subject to this law and nature itself has placed it in his mind the knowledge and dictates of what is good and what is bad. The more man is in sync with the Natural Law, the better for him.

The Natural Law theorists do not, it seems to me, fancy Lex Humana (Human Law) that much. To them it is an imperfect law that stumbles and wobbles on inconsistency, limited vision. For the human law to be good then it has to confirm to the Natural Law, which is discoverable in Man by reason. Until last Monday I did not quite appreciate the merit in the Natural Law propositions, even though I did not buy the cynical if not abusive dismiss of same by Jeremy Bentham or was it Austin who said Natural Law was “Nonsense walking on stilts."


Last Monday was June 13th 2011. The day before was the historic June 12 the birthday of the freest and fairest election in Nigeria, the 1993 General Polls, won by the late business mogul, Kashimawo Abiola and which was annulled on June 23rd 1993 by General Maradona Abanikanda (Ibrahim Babaginda) the too- smart for-his-own-good military president of Nigeria then.


Since 1999 in Lagos State, June 12 has became a public holiday, so reasonably Lagosians had expected that the June 12 of this year, which happened to fall on a Sunday (always a public holiday) would also be declared a public holiday, to be marked on the next work day June 13th 2011. Lagosians were encouraged in this “Natural Law” thinking when news had it that states like Ogun, Osun even Oyo State, which for about seven years in the past cared not for June 12 had declared Monday June 13 as a public holiday in honour of June 12 Democracy Day.


Alas, all through June 10, 11 and even June 12 2011, no such announcement came from the Lagos State Government. June 13 2011 soon showed its face but the good news did not come. In the event Lagosians, especially government workers dutifully but resentfully trooped to their various ministries and offices. Suddenly at about 10.30am, the declaration came -June 13 was now a public holiday in Lagos State. It was as if Lagos State Government just woke up from a very long sleep. A rather strange thing, considering that at the head of that government is an acclaimed ‘action governor?'


In the High Court, the open registry was shut down at about 10.30am but many Judges sat and sat very well and long indeed. So what happens to the Judicial activities of June 13 2011 in Lagos State. I need to ask since you are not taught what to do in such an unusual situation at the Law School. This takes me back to the criticism of the Human Law as suffering from unpredictability and unreliability. For twelve years, Lagos State declared “June 12" a public holiday. In the thirteenth year, for no clear reason, or prior notice, the same State declined to declare the day a public holiday. Then near mid-day it remembered to declare it again! .

This is very much unlike Natural Law (well before these so called end times of global warming, season dislocation, earth quakes etc) where the sun never fails to rise in the East and set in the West. Talking of the predictability, certainty and even perpetuity of Natural Law, I remember my cockerel. It was a gift from Daniel Oyewole Ogunlana “Daddy 1.” (D. O Ogunlana), several weeks ago. My old man meant it for my table but too much exposure to Western Education has restrained me from laying the blade to its neck.

So every morning come rain come shine, even come Abbotabad, this Cockerel, from about 5.35am crows mightily several times, intermittently as if its very life depends on it. The Cockerel never fails to crow unlike Lagos State, which obeys only Law Human and therefore can falter. If my Cockerel does not crow again, you can be sure his silence is not because of any willful or unwitting departure from Natural Law, its silence will be due to Man’s inhumanity to tasty birds.