RECOMMENDED TEXT BOOKS

1. OBI OKOYE: LAW IN PRACTICE IN NIGERIA (PROF. ETHICS AND LAWYERING SKILLS)
2. AKINOLA: PRINCIPLES OF LAW IN PRACTICE (PROF. ETHICS & SKILLS)
3. DOHERTY: LEGAL PRACTICE AND MANAGEMENT IN NIGERIA.

 

 

The course is divided into 4 parts

Part A: Professional Ethics and Responsibilities of a lawyer

Part B: Law officeManagement

Part C: Legal practitioners’ account and remuneration

Part D: ADR, Communication and drafting Skills

 

Overview of ADR methods

ADR simply means alternative dispute resolution

• Negotiation: it must be direct transaction between party A and party B, although it can be conducted by a counsel on behalf of his client
• Mediation
• Conciliation
• Arbitration
• Other ADR methods

 

Advantages of ADR

• It saves time

 

History

Who was the first lawyer in Nigeria? 1888

First female lawyer (1935): Stella Mark, she was also the first female magistrate

First Nigerian to become a judge (1931) Olumuyiwajigbo

First indigenous CJN (1958)

First name on the roll of SAN (1975) – Chief Rotimi Williams

First Nigerian Attorney General Federation (1960) – Justice Taslim Elias

First female CJN (2012) Justice Mariam AlumaMuktar (retired)

 

History of the Legal Profession in Nigeria

 

How did the legal profession start in Nigeria?

• The Supreme Court Ordinance of 1863 establishing the SC of Her Majesty’s settlement of Lagos was introduced and to be used in the then British territory to facilitate British Rule. This established a proper legal structure
• Lawyers were needed for this Court causing the promulgation of the Supreme Court Ordinance of 1876

 

1876-1914

They went to Britain Ireland and Scotland

Three Categories of Lawyers:

• Professionally qualified lawyers – they qualified as barristers

Requirements:

• Must have been called to the English bar in one of the three Inns of Court by Benchers.
• Dinners were compulsory (12)
• Articled Lawyers

Conditions:

• They must have served in a law office of a practicing legal practitioner in Nigeria or gold coast,
• Must have done at least five year,
• Must have passed examinations conducted by person appointed by the CJN
• Local Attorneys. Conditions: fit and proper persons with basic academic qualification. Sat and passed exams conducted by the CJN to test the general knowledge of laws of England and the colony. Term was for 6 months and renewable for another 6

 

Local attorneys were appointed at the discretion of the CJN especially where was a dearth

Case of Osho Davies

 

1914-1962: second Era

The SC ordinance of 1876 was repealed by that of 1943

The SC (CPR) 1945 was established and set out new criteria for qualifications of LP’s in Nigeria

The 1945 Rules provided for 4 ways to become a legal practitioner.

In addition to having been professionally qualified and showing evidence of good character, he/she must have:

• Have also practiced as a barrister or solicitor in the courts of a british colony for at least two years
• Read in the law office of a practicing barrister or solicitor of 5 years and above for one year
• Practiced in the court of the country of his call to bar for two years post call
• Read in Nigeria in the chambers of practicing lawyer of more than 10 years for at least 2 years

 

Shortcoming of the lawyer trained in England

LP’s enrolled and practiced both as barristers and solicitors whereas they were trained as either barrister or solicitor

• LP’s of then studied English legal and constitutional system and were therefore were not able to adapt to laws relating to our local circumstances
• Politically, the LP trained under a unitary system of government and practiced what he learnt under a federal system of government.
• Most of them didn’t have formal education, they just had to have dinners

 

Because of these issues a committee was set up in 1959 called the Unsworthcommittee which made recommendations.

Most of these recommendations were accepted.

Law school was started in 1962 but classes started in 1963 on 213 igbosereroad.

Developments upon recommendations:

• NLS was established in 1962 by the council of legal education
• A law degree was to be obtainable

Significant things in this era: Qualifications that lawyers should attach, coming in of the unsworth committee that made recommendations that changed the face of it

 

1962- date (present era)

 

Person that could practice:

• Those entitled to practice generally
• Those entitled to practice for purposes of particular office
• Those entitled to practice for purposes of any particular proceedings section2(2)

 

Those entitled to practice generally

Persons whose names are kept on the roll of LP’s kept by the registrar of the SC

Two categories:

• Those called to bar after presentation of call to bar certificate at the supreme court
• Those enrolled by virtue of the regulation made by the attorney general of the federation

 

For a person to be called to the bar three things must be in place:

• Produce a qualifying certificate to the benchers
• Called to the bar
• Have your name enrolled at the bar. How to enrol? – take your qualifying certificate to the registrar of the SC to enrol it.
• Pay call to bar fees **

 

For a person to obtain a Qualifying Certificate he must

• Consideration for issuance: citizen/non-citizen that has successfully completed the course at the Nigerian law school (note what makes up an academic year)
• Be of good character (see Okonjo v council of legal education (1979) digest of AC 28
• Keep three dining terms

 

Note that certain category of person may be exempted.

• Total exemption
• Only applicable to Nigerian and is discretionary
• Certificate of exemption is awarded

Note the 5 conditions that must be met before a person be granted total exemption:

• He is Nigerian citizen; and
• He is qualified to be admitted to the law school
• His qualifying subjects for admission to the law school include all the core subjects prescribed by the Council of Legal Education
• At the time he qualified to attend the law school or a reasonable time thereafter he lost the opportunity of doing so for reasons beyond his control.
• The person has gained experience in a law firm for over 5 years for over years that it would be inexpedient for him to go through the law school after gaining such experience.

This law is yet to e exercised as no one has gotten a total exemption. A person given a total exemption is not given a qualifying certificate but rather a certificate of exemption

 

Partial exemption is exemption from the bar part 1 program

And there are two types

1. Graduates from Common Law jurisdictions who have been teaching Law for at least five years and above in a faculty of law in a Nigerian University may be exempted from Bar Part I course; and
2. Graduates from Non- Common Law Jurisdictions who have taught Law in faculty of law in a Nigerian University for ten years and above may be exempted from the bar part I course

Call to Bar

4-requirement s4 of the LPA 2004

 

Note:

It is the benchers who issue the certificate

Benchers act as sponsors to the aspirants

 

Enrolment at the SC

• This is done by tendering candidate’s certificate to the Registrar of the SC to have his/her name entered on the roll of LP’s in Nigeria
• The order

 

Category B

• Those enrolled by virtue of the AG’s regulation
• Its usually foreigners practicing. There are certain condition that need to be fulfilled

The AGF consults with the general council of the bar and the body of benchers and by regulation provide for the enrolment of names of LP’s

Thereafter, satisfy the CJN as follows:

• Produce a certificate signed by the AGF confirming citizenry or nationality or members states of the AU and that that country offers reciprocal arrangement

 

Note: that it may be withdrawn upon that country withdrawing its reciprocity.

 

Those entitled to practice for purpose of a particular office: s2 (3) LPA

• Office of the AG, S-G and DPP
• Legal officers in the public service government departments
• Non-lawyers designated to carry outlegal duties particularly the attendance of judicial proceedings – no longer obtainable because we now have more than enough lawyers to fill the role

 

Those entitled to practice for purpose of particular proceedings.

 Conditions:

• Applicant must be entitled to practice as an advocate in his own country
• Applicant’s country’s legal system must be similar to that of Nigeria

 

 

Fee must be paid to the registrar of the SC

Awolowo v Minister of Foreign Affairs (1966) NSCC 209

 

 

Contents of drafting instructions

1. Sufficient background information about the law
2. Principal objects of the law
3. Ways/mechanisms to achieve objects
4. Problems or challenges envisaged