Thinking Africa 

- By Oliver Mbamara

First published in "The Nigerian Lawyer," Journal of the Nigerian Lawyers Association. To subscribe to the Nigerian Lawyer, please contact NLA or visit www.NigerianLawyers.org

    The legal profession has been and continues to be one of the most revered professions in the world. The connotation of this respect may vary depending on which jurisdiction or legal practice involved. Let us face it; many individuals love to deal with lawyers while others do all they can to avoid them. We will not make that a topic of discussion at this time. However, regardless of what position one takes, one thing is clear – the legal profession is among the topmost professions if not the topmost profession anywhere in the world today. This is not a praise-song of the legal profession but due recognition must be given to the role lawyers could play in Africa’s manpower and socio-economic regeneration.

The assumption is not being made that Africa is in a pathetic state. To the contrary, and regardless of what certain media channels may portray, Africa is one of the most resourceful continents around. The task ahead is how to live up to its true nature as the cradle of civilization in a world where the tenets of civilization has been redefined by Western technology and communication. In a world where some of the most educated and experienced African Professionals hang around the Diaspora, loathing to go home or return to Africa due to social conflicts and economic mismanagement that sometimes make it compelling for such Africans to choose foreign domiciles over their African homelands.

Let us look at a few, and I mean “a few” of Nigerian manpower-giants residing or based abroad. The popular Computer expert/scientist, Philip Emegwali; The technological equipment wizard/scientist, Damian Anyanwu; Nobel laureate, Wole Soyinka; Author of Africa’s most widely read book, “Things Fall Apart,” Chinua Achebe; Some of Africa’s most popular contemporary sportsmen, Justin Fashanu, Austin Okocha, and Hakeem Olajuwon, among others. The list is endless and does not include a list of African Academic giants, like Prof. Chudi Uwazuruike, and host of others teaching in foreign Universities around the globe. I have not mentioned the numerous others working in the executive offices of world renowned Establishments, from the World Bank to the World Court. I have not mentioned those behind the scene and obscured in the laboratories and invention rooms of today’s gigantic technological institutions.

The Pertinent question would be; why are these giants residing abroad? That would naturally raise the next question; why are they not based or returned to Africa/Nigeria? As may be expected, the answers would vary depending on the person asked. Also, the views of Africans abroad and those of other Africans back in Africa vary on the point due to the difference in the geographical and societal comfort or discomfort that informs such perspective. Nevertheless, certain factors dominantly stand out. 

Economic hardship: Many Africans who travel abroad to study realize upon graduation that they could make more money working abroad than returning to their African country where they would not be assured of any job. Many of the graduates or able-bodied Africans back home have continued to find it difficult getting remunerative employment. Seeking to survive, such Africans strive towards obtaining the visa of any Western nation even at the cost of selling off their practice, properties, lands, etc just to raise the necessary fund to travel abroad. Unfortunately, many of these Africans only realize it when it is too late that they are unable to obtain the expected visa after selling off their life investments, which could have helped them continue to survive even in Africa. Others arrive the Western nations to realize that things are not as rosy as speculated. The consequence is that we have more Africans both at home and abroad existing in a predicament they have created for themselves knowingly or unknowingly.

Security: In the days of old, it was feared by many Africans that the law in the Western world was the law of the “wild, wild, west” where people kill each other at every whim by pulling guns and shooting at the slightest provocation. Unfortunately, the reverse seems to be case today. The spade of violence, unrest, and insecurity prevalent in some African countries today continues to make it difficult for those of us wishing to write and talk about good things of Africa. This piece will not have helped if it fails to mention this fact. Since the killing of Nigeria’s Attorney General, Chief Bola Ige, “years” ago many of us have retracted our constant admonition for people to go home and invest. How can we do that when we are not even sure of our own security, and when the murderers of the nation's top law enforcement officer have not been brought to book? We are desirous of growth in foreign investments in Africa but we will continue to fail in bringing it to bear as long we continue misplacing our priorities and avoiding the issue. It will never be resolved by a cosmetic declaration of policies that are never sincerely enforced.

Political and Economic Mismanagement: While a few leaders in Africa have managed to portray themselves as having the political and economical wherewithal to steer their countries forward, many other leaders have only shown the desire to accumulate their countries’ wealth to their selfish ends and coffers. Ex-leaders who ripped off their people are freely walking around or enjoying executive exile/amnesty while their people continue to suffer the hardship that these ex-leaders brought upon the populace. Few if any incumbent leaderships have made any sincere effort to make the ex-leaders accountable. The result is the subsistence of economic mismanagement and misappropriation. If there is no punishment for a crime, what will be the deterrence for a repetition of the same crime by the initial culprit or another person standing by? 

Justice System: Many Africans residing abroad have been exposed to Western systems of justice that eschew fearless, dedicated, and proper record keeping that help in the prosecution of criminals and the attainment of justice regardless of who is involved. Though these Western systems of justice are not perfect, they dominantly strive towards the fairest standard attainable. It is therefore difficult for these Africans to return to Africa where a simple Police officer who mounts a roadblock could create his own laws and enforce them instantly as he pleases. Where soldiers and military officers can hijack the society by force and embark on civilian functions or duties unrelated to military activities or duties. Where an individual can skip all queues, drive through stoplights, or break all orderliness, just because he is related to some government official. Where a judge or magistrate is threatened, kidnapped, and/or intimidated from performing his/her legal duties, and nothing is done to bring the intimidator/aggressor to book. Where a civilian would use his powers and “connections” to ridicule, influence, or topple an elected officer without being held accountable. Many Africans in Diaspora prefer what they witness (and enjoy) abroad to such states of disguised anarchy in their African communities and homelands.

This piece could go on and on with the reasons many Africans have for not returning home, but it is a long list. The essential thing at this point is to ask; how can the issues raised by these reasons be addressed, and what can be done to overcome the impediments posed by such reasons as those enumerated above? Many advocate for repatriation of the African manpower presently latent in the African Diaspora. There have been many calls to this effect, but the response has not been encouraging. Perhaps, it goes beyond mere calls and declarations. Perhaps it requires more practical measures that make the African country more conducive and comfortable for Africans in Diaspora. Perhaps it requires a more African consideration by the successful Africans abroad, whether lawyers, doctors, accountants, etc. Perhaps it is just about thinking Africa.

Reorientation: Consequently, the importance of some kind of re-orientation cannot be overemphasized. Africans whether at home or abroad have to learn to think Africa. An African abroad who thinks Africa, will always consider investing in Africa. He will consider building in Africa. He will consider retiring in Africa. However, in all honesty, it must be stated that for the African abroad to think Africa, he must find some satisfaction and comfort in the way his fellow Africans back home are thinking and acting. He wants to be assured of safety when he returns to his African country. He wants to know that if he keeps the law, the law will respect him. He needs to know that he will not be victimized for standing for the truth and what is right in the world of today. He needs to know that he will not be bullied for no justifiable reason by some tyrant officer or “special civilian” who has some sort of connection with those in power. He needs to know that he can register and vote peacefully on election day without fear of harm or violence. He needs to know that the rightful/most-qualified candidate would win and execute his campaign manifesto and promises without being influenced by some political Godfather. He needs to know and be confident of social, political, and economic stability; He needs to know that if based on the present economic policy, he decides to invest in the economy, the policy would not change all of a sudden tomorrow, because of a new government eager to impose its own policy without regard to the impact on the people or the economy, etc. etc. etc.

The preceding assurances could be made possible if the leaders and people at home would play their role. There has to be jobs at home so as to reduce unemployment and convince the youth that there are still good reasons to go to school. In the interest of all, leaders should begin to think more of how they can help the people than how fat their purses could get within their “perpetual” tenure. Importantly, the people will learn to choose their leaders based on qualification and merit for the job, not just on tribal and religious sentiments. It may seem a long way to go, but until we begin, the drain will continue. This is only my understanding. What do you think?

Comments are welcome.

Oliver Mbamara, Esq., is an Administrative Law Judge with the State of New York.