By Johnson Babalola
December 20, 2024
Chief Lateef Fagbemi, SAN
The Honorable
Minister of Justice and Attorney General of the Federation
Federal Ministry of Justice
Abuja, Nigeria
Dear Honorable Minister,
Subject: Commendation and Recommendation on Legal Reforms
I write to commend your leadership and the reforms you have initiated in the Federal Ministry of Justice. These efforts are pivotal in repositioning the Ministry to serve the nation with greater efficiency, transparency, and effectiveness. It is evident that under your stewardship, there is a renewed focus on enhancing the rule of law and ensuring justice delivery in Nigeria. Your commitment to these ideals is truly commendable.
In light of your ongoing reforms, I wish to humbly propose an additional measure that could further strengthen the Ministry and contribute to greater accountability across the federal government. I suggest the introduction of a cost recovery mechanism for legal services rendered by Ministry lawyers to other federal ministries, departments, and agencies (MDAs).
This model, similar to practices in jurisdictions like Canada, would require MDAs to reimburse the Ministry of Justice for legal advice, representation, and other legal services provided to them. Such a system could yield significant advantages, including:
- Promoting Accountability: When MDAs are aware that their legal missteps will result in financial consequences, they will be more cautious and proactive in ensuring compliance with laws and regulations. This will encourage better governance practices and reduce instances of legal infractions.
- Encouraging Judicious Use of Legal Resources: A cost recovery mechanism would discourage frivolous legal actions or unnecessary reliance on Ministry lawyers, leading to more efficient utilization of the Ministry’s resources.
- Ensuring Financial Sustainability: Recovering costs from client MDAs can enhance the Ministry’s capacity to allocate resources effectively, including investing in the professional development of lawyers and upgrading legal infrastructure.
- Fostering Inter-Agency Collaboration: With a structured financial arrangement, MDAs would be more likely to engage the Ministry of Justice early in decision-making processes, reducing the risk of disputes or legal challenges arising later.
To ensure the success of such a mechanism, the following considerations could be incorporated:
– Clear Service Agreements: Establish formal agreements between the Ministry and MDAs detailing the scope of services, billing rates, and payment timelines.
– Capacity Building: Train Ministry lawyers in financial management aspects to support the implementation of this model.
– Transparency: Create a reporting system to track services rendered and payments received, fostering trust and accountability.
– Flexibility for National Interest Cases: Introduce exceptions for cases of significant public or national interest where cost recovery may not be feasible.
I believe that implementing such a system would not only curb excesses by MDAs but also reinforce the Ministry’s role as the custodian of legal affairs in Nigeria. It would also set a precedent for innovative and sustainable governance practices, reflecting your visionary leadership.
Thank you for your tireless dedication to advancing the rule of law in Nigeria. I remain hopeful that this suggestion will resonate with your reform agenda and contribute to building a more robust justice system for our country.
Yours sincerely,
Johnson Babalola (JB)
Canada Based Lawyer
www.johnsonbabalola.com
www.tpmattorneys.com