The Profession

The legal profession in Nigeria owes its origins to the British and the introduction of their judicial system. Prior to colonisation, traditional systems did not feature lawyers specially appointed for that purpose in Nigeria. The unwritten customary laws were simple enough to be understood by everyone without the need for specialization. The first legislative step to regulate the legal profession was taken in 1876, with the enactment of the Supreme Court Ordinance. Sections 71, 72 and 73 of the ordinance provided for those who were entitled to practise as legal practitioners. It identified three classes of people who were qualified to practise.

1. Those who had already qualified abroad after formal training.
2. Those who, by close contact with local practitioners, were deemed sufficiently knowledgeable in the law to be admitted to practise as attorneys.
3. Those who were temporarily allowed to practise due to the shortage of manpower.

By virtue of section 76, of the Ordinance, every barrister was entitled to practise as a solicitor or a proctor while every solicitor could practise as a barrister. The period marked the beginning of a fused legal profession in Nigeria, and a departure from the English system where barristers are different from solicitors.

As the Nigerian legal system developed, the provisions were found to be unsatisfactory. There was a need to have better qualified legal practitioners or for a better organizational system. This need was seen by the Federal Government and the Committee in the Future it the Nigerian Legal Profession in April 1959. The committee was to consider and make recommendations for the future of the legal profession in Nigeria with particular regard to legal education and admission to practice, right of audience before the courts, inter alia. The committee submitted its report in October of 1959 with recommendations on a wide range of issues touching on the improvement of the legal education and practice in Nigeria. These recommendations led to the enactment if the Legal Education Act of 1962, which dealt with the training of persons as legal practitioners and the Legal Practitioners Act of 1962, which provided for the regulation of legal practice in Nigeria.

Legal Education

The responsibility of education of persons aspiring to be legal practitioners in Nigeria rests primarily in the Council of Legal Education, first established under section 1 of the Legal Education Act, 1962, and now under the Legal Education (Consolidation, etc.) Act.

The Council’s primary responsibility for training future legal practitioners is done through the Nigerian Law School. The Council is vested with the statutory duty of issuing a qualifying certificate to any Nigerian or Non-Nigerian that successfully completes an academic year of practical training in the Nigerian Law School. The length of an academic year is as fixed by the school.

The Nigerian Law School

The Nigerian Law School provides the required practical orientation for candidates who aspire to be called to the Nigerian bar. The admission requirement is usually a law degree of an approved university or a pass in the English, Irish or Scottish bar examinations or a pass in the Solicitors final examination of Great Britain and Ireland. An applicant must also satisfy the Council of Legal Education that he is of good character.

Upon admission, students who obtained their qualifying degrees outside Nigeria are required to take and pass Nigerian Legal System, Nigerian Land Law, Nigerian Criminal Law and Nigerian Constitutional Law. The purpose of taking these courses is to acquaint the foreign-trainer students with the general principles underlining Nigerian Law.

There is a prerequisite that students who wish to become are to study some compulsory courses which deal with the theoretical and substantive aspect of Nigerian Law, and so the Nigerian Law School focuses on procedural law. In addition to lectures and tutorials, students are also to go through moot court exercises and a period of attachment to law offices and courts to understand the practical aspect.

Special provisions have recently been made to accommodate people who for one reason or the other has lost the opportunity of attending the Law School, but otherwise have the requisite qualifications. Such a person must however satisfy the Council of Legal Education that he has acquired knowledge and experience over a period of at least five years fitting him for enrollment. He must also show that it would be unreasonable to require him to go to law school, having regard to the circumstances.

Call to the Nigerian Bar

The practice of formally calling persons aspiring to be legal practitioners to bar did not start in the Nigerian Legal System until 1971 when the Legal Practitioners (Amendment) Act was promulgated. The tradition was subsequently maintained in the Legal Practitioners Act as a precondition for enrollment as a legal practitioner.

According to section 4 of the Legal Practitioners Act, a person is entitled to be called to the bar if:

1. he is a citizen or non-citizen of Nigeria.
2. he produces to the Benchers a qualifying certificate issued by the Council of Legal Education.
3. he satisfies the Benchers that he is of good character.

The Council of Legal Education may by regulation provide that the provisions of paragraph (b) above shall not apply to any citizen of Nigeria in such cases and on such conditions as may be specified by the regulations.

Entitlement to Practise

Every person, whether a lawyer or an ordinary member of the public, has a right to represent himself in arguing his own case either at first instance or upon appeal. However, only a legal practitioner may represent another, and certain qualifications must be fulfilled to be a legal practitioner. If anyone, not being a legal practitioner, presents himself as one, such a person would be deemed to have committed an offence. Where a legal practitioner is also involved in a case, he may represent himself, but may not represent others even when they are on the same side of the case. There are three recognized ways of becoming a legal practitioner, which are by enrollment, by warrant and by being a law officer.

Entitlement by enrollment

This is the most common way of becoming a legal practitioner. There is a roll of legal practitioners which is maintained by the Chief Registrar of the Supreme Court. A person who has been called to the Bar is entitled to have his name kept in the roll. The enrollment is not limited to Nigerians, as Non-Nigerians may be enrolled if they satisfy the following.

1. that such a person is a citizen of a member OAU country which affords to Nigerians equivalent rights of enrollment and audience before its courts as are available to citizens of Nigeria in this country.
2. such a person is entitled to practice in his own country.
3. such a person has passed, in Nigeria, an examination by the Council of Legal Education in general knowledge of Nigerian Law it satisfies the Attorney-General as to such knowledge.

The Attorney-General May cancel any such enrollment either if the practising facilities for Nigerians in the applicant’s country have been withdrawn or if the applicant has become unfit to have his name on the roll.

Entitlement by Warrant

A person whose name is not on the roll but is entitled as an advocate in a country with a system similar to that of Nigeria may apply to the Chief Justice if Nigeria for permission to practise as a barrister in Nigeria. The application, which may either be made directly or on his behalf, would only be in respect of the proceedings described in the application. Such a warrant will entitle the person concerned to practise as a barrister only for the purpose of the said proceedings and any appeal in connection with it. This form of entitlement is limited, as such a person must be qualified as an advocate or barrister in their home country, and not just as a solicitor. Also, it only grants entitlement to act as a legal practitioner in one case.

Entitlement by Virtue of Being a Legal Officer

Any person exercising the functions of the Federal or State Attorney-General, Solicitor-General or Director of Public Prosecutions, it such offices in the Federal or State public service as the respective Attorneys-General may by order specify, is entitled to practise as barrister and solicitor for the purposes of that office. Similarly, section 3!8; the Law Officers Act makes the Attorney General it the Solicitor General of the Federation, the Director of Public Prosecutions of the Federation, Legal Draftsman of the Federation, or State Counsel ex officio solicitors and advocates of the Supreme Court of Nigeria. Any person appointed to any of these offices is deemed entitled to appear as counsel in all courts in Nigeria in which counsel may appear so long as he continues to hold such office. This provision is usually put to use where there is a shortage of manpower in government ministries, to allow persons who are ordinarily not fully qualified to be employed as counsel as and law officers in the service of government.

Restrictions of Practise

As a general rule, every legal practitioner whose name is on the roll is entitled to practise the profession and be accorded a right of audience in any court in Nigeria subject to certain limitations. The following are some of the restrictions to a legal practitioner’s right to practise.

1. Non-payment of Practice Fee

According to section 8(2) of the Legal Practitioners Act, no Legal Practitioners save for law officers shall be accorded the right of audinecyin any court in Nigeria in any year unless he has paid to the Chief Registrar of the Supreme Court in respect of that year such practising fee as may be prescribed from time to time.

2. Public Officers

All legal practitioners who are public officers are prohibited from engaging in private legal practice. A breach of this prohibition shall be a criminal offence, and may lead to the legal practitioner’s name being struck off the roll. Law lecturers are exempted from this rule.

3. Retired Judges

Most judges begun as qualified legal practitioners. However, section 292(2) of the constitution provides that any person who has held office as a judicial officer shall not act as a legal practitioner before any court even after ceasing to hold office. However, such a person may still hold himself out as a legal practitioner or act as a solicitor.

4. Senior Advocates of Nigeria

The only restrictions attaching to the rank of Senior Advocate of Nigeria are those contained in the Senior Advocate of Nigeria (privileges and functions) rules. A holder of the rank may not appear in any civil case before any superior court of record except with a junior or another Senior Advocate of Nigeria. Also, he shall not engage or agree to engage in drafting any instrument where the appropriate or prescribed fees are less than 400 naira, although he may do so free of charge or craft any instrument connected with parliamentary process for a lesser charge.

5. Salaries Employees

The rules of professional conduct generally prohibit a legal practitioner from appearing as an advocate in any court or tribunal while being a servant or in salaries employment. This is subject to the qualification that the following circumstances shall not be construed to mean that the legal practitioner is a servant or is in salaries employment.

1. Receipt of fees as a director of a limited liability company, provided that such a recipient shall not appear as an advocate for his company.
2. Employment as a legal officer in any government department or a statutory corporation or a university.
3. Employment as a lecturer in law.

Professional Etiquette

In Okeke v State, it was noted that the services of a counsel greatly affect an accused person, and that the inefficiency or the inadequacy of a counsel cannot justify a claim that the accused was denied fair hearing. A legal practitioner is at liberty to use his discretion in the conduction of a case as he deems fit. It is in view of attempting to protect the client from the abuse of this discretion, amongst other things, that there are some duties which are expected of the legal practitioner. They are as follows.

1. duty to the court
2. duty in the prosecution of cases
3. duty to his clients
4. duty to professional colleagues
5. duty to the general public
6. duty of professional dignity.

a. Duty to the court

The most important duty of the legal practitioner is the duty to respect the court for the Supreme importance of the institution. Counsels should also endeavour to be punctual in court, and are to give prompt notice to the court and fellow counsels involved in a case in the event of lateness or absence. The counsel should also not relate with a judge in a manner calculated to gain special consideration or favour from the judge. Counsels should also avoid verbal exchanges with opposing counsels.

The counsel is also to approach the court with honesty, and is not to misrepresent facts or build his case upon falsehood. Counsels are also be to dressed in a proper and dignified manner when appearing before a court. When appearing before an inferior court or a tribunal, a dark suit over a white shirt, for men, and a dark skirt suit and a white blouse, for women, shall be satisfactory. The wig, gown, wing collar and bib are additional requirements when appearing in superior courts. As a mark of respect, the counsels should also rise when addressing it being addressed by the judge.

b. Duty in the conduct of cases

One area where the legal practitioner often finds himself in conflict with the general public is in how he is expected to treat accused persons. While a normal person would ordinarily be against an accused person, a legal practitioner is sometimes expected to defend such a person to the best of his abilities. A legal practitioner is expected to put his personal beliefs aside. Even where the accused person makes a confidential admission of guilt to the counsel, the counsel is still to represent such a person. However, the counsel is not to present facts which are inconsistent with the disclosure. Where the legal practitioner is prosecuting on behalf of the state, he should strive towards justice. He is to prosecute, not persecute, and he is to be an advocate of justice. He is not to strive towards a conviction at all cost, but he is to strive towards justice. He is not to suppress facts capable of establishing the accused’s innocence.

A counsel should investigate and present the facts fairly. The counsel is also to supply authorities for his statements, and should not assume that everyone knows the law on whatever point he makes. A legal practitioner is also not to be personally involved in the case in which he represents a client.

c. Duty to clients

A legal practitioner stands in a fiduciary relationship to his client, and so should not exploit his client’s weakness or ignorance of his rights under the law. A legal practitioner owes his client honesty and must not be personally interested as a party in the subject matter of the suit he is handling as counsel. Where he is interested, he is bound to disclose the nature of his interest to his client. It is unprofessional to represent opposing parties with different interests unless permission is gotten from both. Property collected in trust for his client should not be mixed with a counsel’s own property, and such property should not be used for his personal use. Any compensation gotten without the knowledge of the client in the course of carrying out his services must be revealed to the client.

A counsel is to employ the best of his skill and abilities in trying to obtain justice for his client. However, this is not absolute and the counsel is not to do anything which is immoral or unethical for his client. A counsel is not to refuse to represent a client after accepting to do so unless another member of the bar is available to take up the task, or the client is given sufficient notice to choose another counsel.

d. Duty to professional colleagues

While a client had absolute discretion to approach more than one legal practitioner, a subsequently appointed legal practitioner should decline an association which is objectionable to the original counsel. Another counsel may come into the case when the first is relieved. Brief snatching amongst colleagues is to be discouraged and any counsel handing over a brief must do so in good time to enable the receiving counsel to get acquainted with the facts. Counsels, as friends at the bar, should not allow the ill-feeling between their respective clients to influence their conduct towards each other. They should at all times deal with each other in utmost good faith, keeping to their words and all implied agreements.

e. Duty to the general public

Due to the dignity of the profession, a legal practitioner is not to advertise his services, although a simple notice at or outside his chambers, note papers and visiting cards or genuine notification of address are not reprehensible. What the rule abhors is cheap publicity and touting.

f. Duty to ensure professional dignity

A legal practitioner is to always act with honor and dignity of the profession, to expose all corrupt or dishonest conduct and aid in guarding the bar against the admission of candidates who are unsuitable by reason of their moral character or insufficient qualification. A legal practitioner is not to be a party to fraud to the detriment of the court or a party. A legal practitioner is not allowed to combine private practice at the. At with any other unauthorized profession, or with personal trading or as a commission agent or ship chancellor or such other incompatible trade as may be declared by the Bar Council.