THE RIGHT TO BE INFORMED: IGNORANCE OF THE LAW IS NOT AN EXCUSE.

A well known maxim among lawyers as well as non-lawyers is that “Ignorance of the law is not an excuse”.  It is often cited in reference to persons who commit offences in violation of the provisions of a law which they were totally ignorant of. That you did not know that a law exists, does not exonerate you from penalty for violating the law. Therefore it is in the best interest of everyone to be informed about every law that is relevant to and applies to him/her.

But while it is ‘good practise’ for the legislature to inform and openly consult the public as part of the process of drafting a new law, failure to hold such public consultation does not negate a new law.
Equally also the legislature is not bound to publicise the new law after it is drafted beyond the official gazetting of the law. Besides, the proceedings and all that takes place in the legislative houses are open to the public already. And so once the new law is published in the gazette the duty to publicise is fulfilled and it is left to the media to publicise the content of the law if it interests them.
Incidentally, majority of Nigerians seem to be neither here nor there as far as the need to observe this good practise is concerned even though it has tremendous value. The value of Public consultation/hearings lies in the fact that it creates awareness about the content of the proposed law and also presents an opportunity for citizen’s participation in the legislative process.  In line with another maxim which states that, “two heads are better than one”, public hearings/ consultations with relevant stakeholders who are likely to be affected by a proposed law broadens the scope of person’s involved in vetting the final draft of the law and ensures publicity and subsequent public compliance with the content of that law when it is passed. Besides not every Nigerian has access to the gazettes neither can they engage in a voyage of finding out all the laws [old and new], that are relevant to the individual man or woman. But everyone who gets involved in the process of consultation becomes familiar with the basic provisions of the law and is protected.
A case in point is the Child Rights Act 2003 which applies in the FCT and with slight variations in those states that have a Child Rights Law. Enacted 10 years ago, majority of the public as well as lawyers, judges and law enforcement personnel are totally unaware of the major changes that the law introduces in child justice administration and child welfare in Nigeria. In future posts on this blog page, we shall be examining some of these changes in the Act as well as other laws, of which Nigerians are generally ignorant of, and some false assumptions and presumptions about the law.

Stay posted on this page. It may just be your saving grace in the nearest future. Does a citizen’s right to freedom of information extend beyond placing the laws within his/her reach in the public sphere? I think not. The obligation is that of every citizen to whom a law applies to access the content of the law, and be duly informed because ignorance of the law is indeed not an excuse.
Tara......