THE LEGAL PROFESSION IN NIGERIA

 CONTENTS

1.0 Introduction

2.0 Objectives

• Main Content
• Development of Legal Practice in Nigeria
• Those who can practice law in Nigeria
• Duties of a Legal Practitioner

4.0 Conclusion

5.0    Summary

6.0 Tutor Marked Assignment

7.0 References/ Further Reading

1.0 Introduction

Every legal system has developed for itself a system of practice, which enables qualified legal personnel to represent persons in a court of law. The different legal systems of the world are the writ, the common law legal system, the continental or the Romano- Germanic legal system, the Socialist legal system, and the Hindu legal system. All these systems have peculiar characteristics, which also affect the way, and manner a person qualifies to appear and practice as a legal practitioner within a given system. Hence the conditions of admission to the legal profession differ in each state or legal system. Those who are lawyers and admitted to the practice of law according to the rules of the individual state may exercise their profession only before the courts of that state or country. Therefore, this unit examines the development of the practice of law in Nigeria, etc.

OBJECTIVES

In this unit, you will know the following:

1. Development of legal practice in Nigeria
2. Current qualifications of persons who can practice law in Nigeria

• Duties of a legal practitioner

MAIN CONTENTS

Development of legal practice in Nigeria

It is trite that the legal profession derived its origin from the English legal system and was introduced into Nigeria in the second half of the 19^th century. Before this time, there were shades of traditional practices geared towards addressing the issue of law and justice in different communities in Nigeria. Disputes were presided over by the elders, family heads, kings or paramount rulers, chiefs and titled men. The sole purpose was to restore social equilibrium through reconciliation of parties and to give severe sentences where the need arose.

However, the first type of British court established in Nigeria was around 1849 when due to interest in commerce around the ports of Brass, Calabar, Bonny, Okrika, and Opobo, the British consulate established courts of Equity to resolve trade disputes between Africans and Europeans. Subsequently courts were also established in Lagos. Such courts include the Police Court, the Petty Debt Court, the Court of Civil and Criminal Justice, the Courts of Requests and the West African Court of Appeal, from then on the courts spread across country.

These developments brought to limelight the need for professionally qualified legal practitioners to appear before the courts. Until 1880 when the first Nigerian to be qualified as a lawyer returned to Nigeria having been called to the inner temple, there were no such trained legal practitioners in Nigeria. Hence in August 1880, Christopher Alexander Sapara Williams was enrolled in Nigeria, as the first Nigerian to practice law as a professional in Nigeria.

The enactment of the Supreme Court Ordinance of 1876 marked a turning point in the admission of persons to the practice of law in Nigeria. By the powers conferred on the Chief Justice by the 1876 ordinance, he made order 8, rule 1, which provided for the admission of local attorney subject to “a licence or enrichment for six months to appear and act in the capacity of a Barrister and Solicitor or Proctor”. But as it were, the 1876 ordinance was repealed and replaced by the Supreme Court Ordinance 1943. Under this Ordinance  only  qualified  legally  trained practitioners  were to practice  law in Nigeria. Even at this, it was still obvious that English trained Barristers and solicitors had some deficiencies practicing law in Nigeria.

The above anomalies and inadequacies led to the appointment if the Unsworth Committee in April 1959. The Committee was charged “to consider and make recommendation for the future of the legal education and admission to practice, the right of audience before the court and the making of reciprocal arrangement in this connection with other countries”. The report of the Committee precipitated into the notable Legal Education Act 1962 and the Legal Practitioner Act 1962. It was under this Act that the Law School was set up in Lagos for the practical training of legal practitioners in Nigeria.

• Those who can practice law in Nigeria under the legal practitioners Act of 1962, three categories of persons are entitled to practice law as legal practitioners in Nigeria. These are:

1. Those entitled to practice generally
2. Those entitled for the purpose of any particular office, and

• Those entitled to practice for the purpose of any particular proceedings

i Those who are entitled to practice generally as provided for in the Act are persons whose names are enrolled and the Supreme Court as such as person produces a certificate of call to Bar. The issuing of a qualifying certificate is the responsibility of the council of legal Education who in appropriate circumstances waive some of the requirements for the acquisition of such a certificate. Partial exemptions also exist for law graduates of common law universities who have taught for at least five years, and non-common law graduates who have taught for at least ten years in a faculty of law in a Nigerian university. This exemption qualifies the affected candidates to be eligible for admission into part II of the course.

1. Those entitled to practice by virtue of office include but not limited to the Attorney General, Solicitor General, Director of Public Prosecution of the state or Federal or any other person so appointed by specific order to that effect.

• Others who are entitled to practice by warrant include such persons who are entitled to practice law in their own jurisdiction where the legal system is similar to that of Nigeria. Such persons will apply to the Chief justice of the Federation for that purpose. The Chief Justice may be warrant authorize such a person to practice in Nigeria for that purpose after payment of the prescribed fee. Such permission lapse after the final determination of that particular case.

Duties of a Legal Practitioner

A legal practitioner has four main duties, which have been classified as responsibilities.

These include:

1. His duty to the legal profession
2. His duty to the Court

• His duty to his Client

1. His duty to the members of the bar

His duty to the legal profession:

It is the duty of every member of the bar at all times to uphold the dignity and high standard of his profession. He should refrain from engaging in any other occupation, which has association with, may adversely affect the reputation of the Bar. It is unprofessional for a Barrister to solicit professional employment by circulars, advertisements, through touts or by personal communications or interviews. Except in special circumstances or for some other urgent reason, a member of the Bar, should not call at a client’s house or place of business for the purpose of giving to or taking instruction from client. It is unprofessional conduct for a legal practitioner to claim that he has paid his annual practicing fee when in the real sense he has not done so. It is unprofessional conduct for a lawyer to accept employment as an advocate in a matter, which he has previously acted in a judicial capacity.

His duty to the Court:-

The advocate, when he appears in court, owes the court the duty to respect and assist the court in discerning the truth, which is the primary aim of doing justice. It is the duty of counsel to give absolute respect to the Bench. By the provision of Rule 1 (10) R.P.C.

A lawyer should be punctual in all courts appearance and whenever possible give appropriate notice for all tardiness or absence. Where a counsel is absent from court without adequate notice, the court may in his discretion strike out or adjourn the case or proceed with hearing without the counsel. While appearing before any court a counsel must be properly dressed as provided for in the rules of professional conduct and must maintain decorum. A barrister should never show marked attention or unusual hospitality to a judge. Counsel should rise when addressing or being addressed by the judge and his conduct before the court or his colleagues should be characterized by candor and fairness.

Failing to observe the duty to the court may attract contempt of court.

His duty to his client:-

A counsel must fully and properly present his clients case and must insist on an opportunity to present his clients case. The lawyer has a duty to accept brief in a court, which he professes to practice, at a professional fee. In Udo V. State and Udofia V. State, failure to accept brief or represent a client effectively was declare unprofessional. A legal practitioner must not accept compensation, commission, rebate or other advantage from others against his client within the Knowledge or consent of his client, after full disclosure. The court agreed on this principle of law in the case of John Daba Brothers VJ.O. Ojesipe. By the provision of Rule 12, Rules of Professional conduct (RPC), a lawyer should give candid and honest advice to his client. Hence in Cocottompoulouis V. P.Z & Co. Ltd, the court held that it is the duty of solicitor to show reasonable diligence and caution and to warn his client against the initiation of a case, which is purely speculative and devoid of merits. The same view was respected in Textile and Allied Products (Nig) Ltd V. Henry Stephen Shipping Ltd.

His duty to his colleagues:-

As professional colleagues the legal practitioner owes a duty to his fellow advocate. He must treat his colleague with respect and utmost courtesy. He must not engage in verbal warfare with his colleague, his objections, requests and observation should in every case be addressed to the judge. Counsel should adhere strictly to all express promises or agreement made to opposing counsel or fellow advocate. In United Mining and Finance Corporation Ltd. V. Beacher Hamilton J, held that; the court will summarily enforce undertakings taken by the solicitor in that character. A lawyer must avoid sharp practices especially towards his colleagues. He cannot obtain judgment in favour of his client without affording the fellow advocate a reasonable notice.

CONCLUSION

In this unit, we have examined the development of the practice of law in Nigeria, those who could practice law in Nigeria and duties of a legal practitioner. Nevertheless, it is pertinent to known that those who practice law must live by examples. They must be disciplined and honest. Lawyers, no doubt, are the month piece of their clients. Therefore they owe allegiance and justice, to their clients and the citizenry also.

SELF-ASSESSMENT EXERCISE

What duty does the advocate owe before he appears in court?

 SUMMARY

The practice of law is a worthy calling. It is a noble course our country had afforded intellectual pleasure with dignity and independence. Hence the most productive, unselfish and wholly satisfying repayment of the obligation is constructive work to increase the effectives of our judicial system and the welfare of the profession and the people at large.

TUTOR MARKED ASSIGNMENT

1. What are the duties of a legal practitioner in Nigeria?
2. Give a brief history of development of legal practice in Nigeria

 REFERENCES /FUTHER READING

Akintunde, A.K.R., (1960) The Nigerian Legal System, Owerri Spectrum Law Publishing.

Eze Melami, (1999) Outline of Nigerian Legal System Lagos, Grace Publisher Inc.

Freeman, M.D.A., (1994) Lloyd’s Introduction to Jurisprudence, London, Sweet and Maxwell Ltd.