By Abiola Olawale
An eminent Canadian immigration, Investment specialist lawyer as well as ace litigation practitioner who has attained the equivalent standing of a Senior Advocate of Nigeria (SAN) in Canada, Johnson Babalola has penned a far-reaching reform-based proposal to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN.
Babalola, who applauded the engagement and committed efforts of Fagbemi, however canvassed some far-reaching reforms aimed at positioning the Ministry of Justice on a constructive path forward.
Babalola, popularly known as JB, amongst friends and admirers in Canada, especially in Ontario where his thriving law headquarters sits, in the letter dated December 20, 2024, proposed a model where Ministries, Departments, and Agencies (MDAs) under the Ministry of Justice mirror some pragmatic, effective and efficient approach, model and structure of Canada.
Johnson, the Group Managing Partner (GMP) of Topmarké Attorneys LLP, one of Toronto’s leading law firms that offers an array of integrated services, strongly advocated for a framework that would hold the MDAs under the Ministry of Justice financially accountable for the legal services they utilize.
According to him, by implementing such a system, there would be a clear incentive for these agencies to strictly comply with what he called “established legal frameworks, promoting responsible and prudent use of legal resources.”
In addition, Babalola, who is also a distinguished writer, storyteller and writes a periodic column for The Bew Diplomat emphasized the necessity of creating a mechanism designed to curtail the overuse or misuse of legal services.
He explained that this approach aims to ensure that “legal resources are utilized more efficiently and effectively, reducing unnecessary expenditures and fostering a more judicious approach to legal matters within the government.”
To achieve this, JB stated: “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.”
He added: “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.”
