Law as a Tool for Economic Advancement and National Security (1)

By Ebun-Olu Adegboruwa, SAN

I was a guest speaker at the Law Week of the Benin Branch of the Nigerian Bar Association (Lion Bar), wherein the above lecture was delivered. The purpose of law and its deployment for the benefit of society to enhance economic development and national security was the focus of my paper, the text of which is reproduced herewith.

Introduction

The subjects of economic growth and national security are, in a manner of speaking, comparable to Siamese twins conjoined at the back of their heads. On the one hand, either of them possesses a life of its own but on the other hand, the life or death of the one is critical to the continuing existence or eventual fatality of the other. Interestingly, they need not be separated by surgery, as could be desirable in the case of humans. Economic growth or advancement and National Security unarguably feature extensively in the Constitution, legislation and other legal instruments, case law, executive policies, etc. However, the fact that the economic and national security situation in Nigeria today has become a pathetic basket case is an understatement.

It may not be a hyperbole to think that even a child in the womb, unlike the biblical John the Baptist, weeps for sorrow when it perceives the nightmarish state of the economy and security in our national life! There is no doubt at all that all well-meaning, good-spirited citizens of Nigeria, especially the experts/professionals, thought leaders, opinion molders and other leaders among them, have drawn out their antennas of knowledge, research and strategy to the max in search of solution signals to the blizzard of problems ghost-haunting and taunting our national economy and security, among other problem areas.

The continuing downward decline in these two critical areas of our national life have occasioned an innumerable assortment of losses to our progress as a country, ranging from loss of existing foreign investments (many businesses have had to exit the country due to anti-business economy and security challenges), loss of prospects of foreign investments (prospective foreign investors are scared when they undertake their feasibility studies on the ease of doing business in Nigeria); brain-drain (as more and more of our professional crème de la crème leave the country in droves on a daily basis in a kind of 21st century exodus); and upsurge of endemic and systemic corruption and criminality in high and low places, etc.

How has the tool of law been wielded so far by the political and legal workmen to administer some repair to the situation so as to bring about the desired solution? The legal cast playing on the stage of the economy and security together with other indices and co-ordinates of our national life include the Constitution, legislation, case law, the three Arms of Government, economic and security experts, law enforcement agencies, the Fourth Arm, other non-state actors, the Bar, etc. These have critical roles to play in the whole process. It is against the backdrop of the above that we shall examine the application of law as a tool for economic advancement and national security. For purposes of this discourse, we shall be using the terms ‘economic advancement’ and ‘economic growth’ interchangeably.

Conceptual clarifications:
Economic growth:
Economic growth can be broadly defined as the sustained increase in the production and consumption of goods and services in an economy over a period, typically measured by the growth in real gross domestic products (GDP). It involves both quantitative and qualitative improvements in the factors of production, such as labor, capital, and technology, leading to higher living standards and overall economic well-being. Adam Smith, generally regarded as the father of modern economics, discussed this extensively in his work, The Wealth of Nations.

Although he did not expressly use the term “economic growth,” nonetheless, he laid the groundwork for understanding the concept. He emphasized the importance of the division of labour and the accumulation of capital for increasing productivity and wealth. He demonstrated how these factors contributed to the prosperity and expansion of the economy. Joseph Schumpeter (Capitalism, Socialism, and Democracy), a renowned economics scholar, defined economic growth as “a dynamic process driven by innovation, where old industries and technologies are constantly replaced by new ones, leading to continuous economic development and expansion.” Alfred Marshall (Principles of Economics), yet another star of note in the firmament of classical economics scholarship who introduced concepts such as price elasticity and consumer surplus, which are fundamental to understanding economic dynamics, highlighted the importance of increasing returns to scale and technological progress in driving economic growth. David Richardo (Principles of Political Economy and Taxation), one of the world’s most notable economics philosophers, whose theory and contributions to economic growth dwelt largely on comparative advantage and benefits of trade, explained how nations could achieve economic growth by specializing in the production of goods for which they have a comparative advantage and trading with others.

In that connection, Pat Utomi, a renowned Nigerian political economist, on the concept of economic growth, has often emphasized the importance of shifting Nigeria’s economy from a consumption-driven model to a production-oriented one. He advocates for fostering an entrepreneurial spirit and developing regional production hubs that leverage local comparative advantage to spur economic growth. He argues that Nigeria needs to focus on enhancing its manufacturing and industrial base, creating value chains that are regionally coordinated to reduce investment risks and boost economic development. He believes that this approach can help transition Nigeria from merely consuming resources to actively producing goods and services, thereby fostering sustainable economic growth.

National security:
National security refers to the requirement to maintain the survival of the nation-state through the use of economic, military, and political power and the exercise of diplomacy. According to Hans Morgenthau, a foremost German-American jurist, political scientist, and key figure in classical realism, national security may be defined as involving the protection of a nation’s political independence and territorial integrity against external threats.

His definition is primarily in terms of power and the survival of the state. According to Damfebo K. Derri and Oruwari Grace Popoola, two Nigerian legal scholars, the term “national security” is an amalgam of two words, namely, ‘national’ and ‘security’. National, according to Black’s Law Dictionary, is an adjective describing a state or relating to a nation, while security describes the state of being secure, especially from attack or danger… Put together, national security means the state and process of ensuring that a nation or state is secure or free from attack or danger. O.B.C. Nwolise opines that security refers to “safety, protection from espionage, infiltration, sabotage, theft, etc.” National Security therefore entails protecting a nation from external aggression as well as ensuring that there are internal measures, facilities and systems put in place by a nation to ensure that its citizens and resources are secured from internal and external violence, insurrection, sabotage, subversion or theft.

Only a nation devoid of the above vices can provide an atmosphere that is conducive for social and economic development. This is why in the world today, countries that are experiencing severe civil wars, unrest or are at war with other countries or with themselves have their economic growth and development stunted, while such developed countries like the United States of America, France and Britain, which enjoy a fairly ideal national security system, have better economies and development than the rest. Effective national security implies that every country must have a good legal framework regulating the various organs or bodies responsible for ensuring the effectiveness of the country’s security system.

Threats to Nigeria’s national security: The Pandora’s Box
Whatever is a threat to the mouth is also a threat to the belly for whatever the belly shall digest for the use of the entire body must first be admitted in through the mouth. In the same vein, if National Security is threatened and thus in jeopardy, then economic growth is ipso facto also endangered. Based on Nigeria National Security Strategy which was developed and published by the Office of the National Security Adviser in 2014, Bala and Ouedraogo, identify the most potent threats to Nigerian national security as including: “Global challenges; terrorism; transnational organized crimes; communal and ethno-religious conflicts; pastoralists and farmers conflicts; politics and federalism in Nigeria; governance; poverty; kidnaping, proliferations of small arms and light weapons; proliferation of weapons of mass destruction; illegal migration; economic challenges; financial crimes; information technology and cyber security; natural, man-made and medical related threats; environmental security.”

The above list is by no means inexhaustible but represents, in broad categories, the common and prevalent security hazards inherent in our national experience.

Source: @thenigerialawyer