There are 8 regulatory bodies:

1. Body of Benchers
2. Council of Legal Education
3. Legal practitioners Privileges Committee
4. Legal practitioners Disciplinary committee
5. Legal practitioners Remuneration committee (LPRC)
6. National Judicial Council (NJC)
7. General Council of Bar (GCB)
8. Nigerian Bar Association (NBA)

 

Body of benchers

They can be defined as people of the highest distinction and pedigree in the legal professions.

Establishment: by the Legal practitioners Act 1962 s.3

Members:

1. The chief Justice of Nigeria and all the justices of the Supreme Court
2. President of the Court of Appeal
3. Attorney General of the federation
4. Presiding justices of the Court of Appeal divisions
5. Chief Judge of the Federal High Court and the president of the National Industrial Court
6. Chief judge of the Federal Capital Territory
7. Attorney General of the states
8. President of the Nigerian Bar Association
9. Chief judges of the states of the federation
10. Chairman of the Legal Council of Education
11. 30 Legal Practitioner’s nominated by the Nigerian Bar Association; and
12. At least 10 persons of not less than 15 years at the bar who appear to the Body of Benchers to be eminent members of the Legal Profession
13. Honorary members appointed by the Body of Benchers

 

Life Members of the BOB

These are members that are part of the body of benchers for the rest of their life

They could be

• Statutory Life Benchers e.g. CJN; or
• By appointment: here the body looks within itself to find people who are credible enough to be life benchers

 

Rights and privileges of the BOB

• Right to sit at the inner bar or front row where the former does not exist
• Privilege to mention matters for motion out of turn LPA s6(1)

Note that the privileges are for the life members only

 

Functions of the BOB

S 10(a)

• Formal call to bar of aspirants to the Bar
• Disciplinary jurisdiction over members of the legal profession
• Disciplinary jurisdiction over aspirants to the bar.
• Prescribe call fees for aspirants
• Issuance of call to bar certificate to new wigs
• Prescribes the number of dining terms (3) before qualifying for call.
• Ensures that an aspirant is of good character. Aspirants must have two as sponsors
• Ensures the maintenance of the high standing of the profession.
• Appointment of caretaker committee in running the affairs of the Nigerian Bar Association.

 

Legal Practitioners disciplinary Committee

Membership: s11

1. Chairman (shall be neither CJN or JSC)
2. President of the CA and one justice of the CA
3. Two CJ’s
4. Two AG’s
5. 4 members of the NBA who have no interest

 

Functions

• Considers and determines complaints brought against the LP. S.9
• Gives direction to the registrar of the SC where LP has been found guilty of professional misconduct s 12(c)

 

Council of legal education

 Established: set up by the then legal education act 1962 now Legal Education (consolidation, etc.)  Cap L10 vol.8, LFN 2004)

 

Membership

• Chairman appointed by the president on the recommendation onthe
• Dean of the faculties of law of recognised Nigerian universities whose course of studies is approved by the CLE.
• President of the NBA
• Directorgeneral of the NLS
• 15 legal Practitioner’s of not less than 10 years post call either selected or elected by the NBA
• Two authors of published (law) works appointed by the AGF

 

Function

• Legal education of aspirants to the bar.
• Issuance of qualifying certificate to aspirants
• Continuing legal education for lawyers. Note that this is also provided for in the Rules of Professional Conduct – rule 11 and when there is a conflict the act prevails over the rules.

 

 

Legal Practitioners Privileges Committee (LPPC)

 

Establishment s 5(3) of the Legal Practitioners Act

Members:

• The chief justice who shall be the chairman
• The attorney-general of the federation
• One justice of the supreme court to be appointed by the CJN in consultation with the AGF
• President of the court of appeal
• Five state CJ’s to be appointed by the CJN in consultation with the AGF
• The CJ of the FHC
• Five legal practitioners who are senior advocates of Nigeria to be appointed by the CJN in consultation with the AGF

 

Functions: s 5(7)

• Conferment of the rank on deserving members of the professions
• With the approval of the BOB, make rules relating to SAN’s in respect o
• Privileges accorded to SAN
• Dignity of the rank of SAN
• Mode of appearance of SANs before the court

 

Guidelines for the conferment of SAN

• See Guidelines for conferment of the Rank of SAN, 2018
• Rank is bestowed on distinguished and deserving members of the legal profession who have mainly stood out in active full- time legal practice
• Mainly conferred on advocates.

 

Criteria: para 18

Applicant must:

• Have been practicing as an advocate and in active current legal practice and have been so for at least 10 years immediately preceding the date of application
• The candidate must be of good character and must have no pending disciplinary case or complaint relating to professional misconduct against him.

 

Method of appointment

• Call for application made not later than November 1^st every year
• Application in the prescribed form shall be submitted by 31^stJanuary of the year consideration
• A non refundable processing fee of N600,000 is paid. Para 9 (3)
• Successful candidates shall pay a further processing conferment fee of N200,000
• There’s a ‘first-filteration’ process

 

Names of successful candidates are sent to the: CJN, justices of the SC, president of the CA, AGF, CJ of states,

Para 12(1)

• para 13
• para 13(2)
• On what constitutes competence. See para 19 (1 & 3)

 

What are significant cases? para 19(5)

The LPDC shall consider a case to be significant if it meets 2 or more of the following:

1. Involves an issue of significant legal or public interest
2. Decides a novel point of law
3. Is considered ground

 

Particulars of cases

• Candidate shall produce 20 final judgments in the High Court or superior court of record of which in 12 contested cases, the candidate must show that he practically conducted them from trial stage to judgment. See para 14(5)(a)
• Candidates must produce 5 final judgments which he handled at the court of appeal. para 14 (5)(b)
• 4 final judgments which he handled at the supreme court. Para 14(5)(c)
• in providing contested cases para 14 (7)
• para 14 (6)

 

Law office inspection

• The committee shall pay the candidate’s law office a visit to ascertain the quality of office facility. The following shall be inspected.
• Size and quality of library
• Number of counsel or partners in chambers
• Number and quality of support staff
• Maintenance of proper books of account
• Seepara 15(1-4)

 

This is how they arrive at what they score

• Integrity – 20%
• Opinion/ judges references – 20%
• General knowledge of the law – 25%
• Contributions to development of law – 10%
• Leadership qualities in the profession – 10%
• Qualities of law office/ library – 15%

 

Disqualification of SAN’s: Para 18(2)

A candidate who has applied for the rank may have his application disqualified on the following grounds:

1. Bad behaviour of poor temperament or with propensity to assault or cause bodily harm
2. Indulgence in alcohol, drugs or similar substances
3. Moral depravity or other unacceptable behaviour
4. Abuse of legal trust reposed in him by his client
5. Indulgence in blatant or self – seeking praise or advertisement
6. Touting
7. Provides misleading information in his application form. para  14(6). See also

 

A partner in alaw firm is also allowed to apply. However must show evidence of partnership .para 21

Members of academics are also welcome to apply. Such applicant must show proof of published works or books by reputable publishers.

 

Withdrawal – para 25 (1)

The rank may be withdrawn from its holder on the following grounds

1. Where holder is adjudged by the LPDC to have conducted himself in a manner incompatible with the dignity and honour of the rank ;
2. Found guilty of professional misconduct by the Legal Practitioners’ Disciplinary Committee; or
3. Convicted by a court of law for any offence which in the opinion of the LPDC is incompatible with the honour and dignity of the holder of the rank such as offencesrelating to breach of trust, theft or other criminal offences
4. Upon the production of document of a competent Court or upon a report from such a Court that he has conducted himself in a manner incompatible with the dignity and honour of the rank of Senior Advocate of Nigeria.

 

 

Nigerian Bar Association

 Automatic enrolment

However, it has a different legal status from the rest of the regulating bodies.

Discuss

• Juristic or juridical? The NBA is a juridical personality, while the other bodies have juristic personality.
• What is the legal effect of this? Fawehinmi v NBA (No.2) (1989) 2 NSCC 43

 

Functions

1. Helps in preserving the honour and dignity of the bar and promotes good member- relationship
2. Organises conferences and provides legal stance on contemporary issues as they arise
3. Responsible for the provision of seal and stamp as provided for under the RPC R 10
4. Responsible for the issuance of annual practicing certificates for all lawyers who have paid their practising fees and completed the mandatory CPD. Rule 12
5. Keeps a database for legal practices of lawyers across the country
6. Prosecuted charges brought against legal practitioners before the LPDC r 5(1) LPDC rules

 

General council of the bar

Establishment – s1 (1) of the LPA

Primarily established

 

Membership

1. AGF
2. AG’S of states
3. 20 LP elected by the NBA – a minimum of 7 of these person are required to be at least 10 years standing at the bar

 

Functions

Make regulation to the following

• Agreements between a LP and his client relating to the charges of the LP
• Establish the maximum charges which an LP may make over a transaction
• Taking a security by the LP for payment of their fees and allowance of interest upon such security
• Determination of appropriate charges

 

Order of precedence in Nigeria courts - s8 (4) LPA

Note: that there is equality of the bar. However, this general rule is subject to the rights and privileges conferred on certain members who have attained heights in the profession.

The order is as follows:

1. The Attorney –General of the federation
2. The Attorney – General of states (in their own states)
3. Life members of the body of benchers s 8(4) LPA.
4. Senior Advocates of Nigeria in order of their seniority.
5. Person authorised to practice for purposes of their office.
6. Person whose names are on the roll in order of enrolment.
7. Person authorised to practice by virtue of warrant or for purposes of peculiar reasons.

 

Do benchers make the list? S 6(3) of the LPA

Note that privileges (privileges of the life members of the body of benchers) also extend to the SAN’s, AGF, the Attorneys – General of the states and Solicitors- general of the federation and solicitor general of the states.

 

EXCLUSIVE RIGHTS OF A LEGAL PRACTITIONER IN NIGERIA AND RESTRICTIONS

 

1. Right of audience in all courts – s 36(1) & (4) & s 36 (6) (c) constitution – right to fair hearing. The right of audience constitutionally inheres in every party in a court action (audialterempartem rule). The right can be exercised by the party in person or by his legal practitioner, where he is represented. A LP is the only person who the right can be delegated to under the constitution.

Section 8(1) LPA generally grants every LP the right of audience in all courts of law sitting in Nigeria.

Limitation on representation

• Default in payment of annual practicing fee s. 8(2) LPA, rule 9 (1) RPC – by 31^st march every year. Newly called persons to the bar must make payment within one month of enrolment
• 2 (2) LPA: a LP who practices in Nigeria by a warrant issued under the hands of the chief justice of Nigeria, can only practice as a barrister: a) in the proceedings upon which the warrant was granted; and b) in any appeal arising therefrom.
• Mandatory continuing professional development

2. Preparation of court processes in litigation. – S 22 (1) LPA only LP can prepare for reward any court process. It is an offence if any person other than a LP prepares a document for court process in expectation of a reward.
3. Preparation of instruments relating to immovable property for a fee:

• S 22(1)(d) LPA. This is also part of preparation of documents,
• This includes Deed of assignment, Lease, Deed of mortgage
• Note: the franking requirement - The document has to be franked

4. Preparation of documents for probate or letters of administration

• S 22 (1)(d) LPA
• quare: can a person who is not a legal practitioner prepare a will? There is an execution to the law under the same section, preparation of will by a person is not caught by the same person

5. Statutory declaration of compliance with the requirement of the CAMA section 35(3) CAMA
6. Appointment as AG and chief law officer of the federation/ state and as legal officer – also a minister/commissioner of justice.

• 150 constitution – Attorney General of the Federation (they must have 10 years standing at bar, so 10 year post call prior to appointment – s 195 of the constitution)
• 195 constitution – AG states (they must have 10 years standing at bar, so 10 year post call prior to appointment – s 195 of the constitution)

Qualification - s. 150 (2) ,s 195

7. Appointment as a notary public: they are appointed by the CJN. Only LP’s can be so appointed s 2(1) notaries public act.
8. Appointed as a judge/justices of superior courts of records.

• s 231(3) supreme court justices; s 238(3) constitution of court of appeal justices; s 250(3), 254 B(3), 256 (3) constitution; but see 261 (3)(B) Const. – there is a variation in this court, you don’t need to be a lawyer to be in the sharia court of appeal.

 

Restrictions on the rights of a Legal Practitioner to practice in Nigeria

 

1. Default to pay annual practicing fee: by virtue of s 8(2) LPA, failure to pay will lead to deprivation of right of audience in courts. The fees are payable by 31^st march every year. Newly called lawyers fees are payable by – 1 month of the enrolment – rule 9(1) RPC. The fees are payable to the registrar of the Supreme Court and a receipt is issued - S. 8(3)(a). Defaultis a breach of RPC – rule 9(2) and (3) RPC.

Amount to be paid:

• SAN or member of body of benchers – 50,000
• Legal Practitioners of 15 years and above- 25,000
• 10 years and above but less than 15 years – 17,000
• 5 years and above but less than 10 years – 10,000
• Less than 5 years – 5000
• See: Legal Practitioner (bar practising fees) notice 2002

 

2. Lawyers engaging in business

• Engaging in incompatible business: see rule 7(2) RPC. Note the operative words “while personally engaged in”.

Note the list of prohibited trades – rule 7(2) RPC. Also note the exceptions under R. 7(3) RPC.

Will a lawyer be prohibited from holding shares, or being a secretary to a company trading in commodities? By virtue of rule 7 (3) (a -c) the fact that a person is a lawyer doesn’t stop them from being a shareholder or secretary to a company

• Combining practice of law with another profession. Rule 7(1) RPC. Exception: if the lawyer has been permitted by the general council of the bar.
• S 292 (2) constitution says that once a person is former judicial officer they cannot return to the practice of advocacy in court. Atake v Afejuku.

He can still be addressed as retired justice.

S318 defines who a judicial officer is and a magistrate is not listed as a judicial officer.

 

3. Salaried employment – rule 8(1) RPC. See Ibwa v Imano Nig Ltd decided under 1969 rules no longer applicable – rule 9(3) RPC. Exceptions to rule 8(1) RPC. Legal officers in a government department. They are not prevented from appearing in administrative tribunal because they are in salaried employment.

 

4. Restriction on a senior advocate of Nigeria. Rule 2(1) SAN (privileges and functions) rules 1979 (made pursuant to s 5(7) LPA). They cannot appear as counsel in any civil case before superior court of record except with a junior or with another SAN. If the matter is a criminal case he can appear alone. He cannot draft any instrument with a feeless than 400 naira – rule 5. He may draft without any fee.

• He cannot appear or settle (prepare and sign) processes/documents in an inferior court of recorde.g magistrate court. SeeRegistered Trustees v Ijesha (1999)

Exceptions

• Rule 2(2) ibid: a senior advocate of

5. Private practice by lawyers who are public officers
6. i) Previously there had been – the regulated and other professions (private practice prohibition) act. This law prohibited private practice for a reward whether within or outside the working hours. Exception: to self; family or in emergency; service rendered pro bono. Outside official hours

Part 1 5^th schedule code of conduct for public officers (in the Nigerian constitution)

1992. ii) The code of conduct for public officers: see Para 2(1) of the code in the 5^th schedule part 1 constitution. Note the argument on lecturers excluded by the regulated and other professions (private practice prohibition) (law lecturers exemption order) 1992. According to the constitution the only profession that a public officer can engage in is farming.

Note further that the aforementioned law (as well as its subsidiary legislation) has been repealed by the federal republic of Nigeria (certain consequential repeals) decree 1999, upon the advent of the 1999 constitution.

Arguments have ranged

In Ahmed v Ahmed (2013) which involves a lecture where there was opposition to appearance of a public officer the Supreme Court has declined to go into the issue and said that even if this was an infringement of the constitutional provision of the cod of conduct, it wasn’t the proper court as it didn’t have jurisdiction, that a tribunal would be the right place.

 

6. Pro bono – This is the same as an argument above.

 

7. Mandatory continuing professional development: it’s a mandatory program that should be undertaken under the Rules of Professional Conduct every year and a certificate is issued. Rule 12 (1) (b) Rules of Professional Conduct. Rule 12(3)
8. Non-association with non-legal practitioner for legal practice.
9. Notification on commencement of practice – Rule 13(1) RPC
10. Appearance in a superior court with wig and gown – Rule 45(1) RPC
11. Seal and stamp rule 10 RPC
12. Restriction on a legal practitioner who is a party in a case – rule 17(5) RPC
13. Retired public official are precluded from representation in any matter wherein he had proffered advice. Rule 6(1) RPC
14. Lawyer as a witness. Rule 20(1) RPC, Tijani v Elabanjo it is not the case that a lawyer who represents a party in court cannot act as a witness in court in that same case but rules of caution state that there would be clash of interest and it creates confusion if a lawyer does both so the SC advised that as a lawyer he should not be involved both as the LP and a witness in that case.

 

Impersonation of a lawyer

Section 22 LPA creates offences of impersonation of legal practitioners

Thus it is an offence for a person who is not a legal practitioner if he:

• Practices as a legal practitioner – s 22 (1) (a) LPA e.g. appears in court, prepares and files legal documents and processes in court.
• 1(b)
• 1(c)
• Prepares for in expectation of reward any instrument relating to1(d) :
• Immovable property.. Note the definition of “instrument” see 22(2) LPA. Also note that the law only applies when its does in expectation of rewards, if its for free its not caught in the ambit of this law.

Note that a non LP does not infringe the law by preparing a will or any other testamentary instrument s 22(4)(e) LPA

1. ii) Relating to or with a view to the grant of probate or letters of administration

iii) Relating to or with view to proceedings in any court

S 22 is the most important section in this sub topic

 

Read everything in section 22 (4) LPA

However by virtue of s 22(4) LPA it is not an offence for a person (who is not a LP) to prepare an instrument in the following circumstances:

1. As a pupil of a Legal Practitioner
2. As a clerk or servant of a Legal Practitioner

How to answer questions: PRES P- point of view, R – reason, E – evidence S – summarise