REGULATORY AND CONTROLLING BODIES OF THE LEGAL PROFESSION IN NIGERIA

REGULATORY AND CONTROLLING BODIES OF THE LEGAL PROFESSION

REGULATORY AND CONTROLLING BODIES OF THE LEGAL EDUCATION

The principal organs that control and regulate the legal profession are –

1.      The Council of Legal Education;

2.      The Nigerian Bar Association;

3.      The General Council of the Bar;

4.      The Body of Benchers;

5.      The Legal Practitioners Privileges Committee;

6.      The Legal Practitioners Remuneration Committee; and

7.      The Legal Practitioners Disciplinary Committee.

COUNCIL OF LEGAL EDUCATION

ESTABLISHMENT AND FUNCTION

The Council of Legal Education was established in 1962 by the Legal Education Act, 1962 which has now been replaced by the Legal Education (Consolidation) Act 1976, Cap. L10, LFN 2004.

The Council of Legal Education is a body corporate and is charged with the education of persons seeking to become members of the legal profession – section 1(2) of the Act. This function is discharged through the institution of the Nigerian Law School where persons seeking to become legal practitioners are given appropriate professional and practical legal education.

The Council of Legal Education also has the function to assume responsibility for those matters in respect of which, before the commencement of the Act, the Nigerian Institute for Continuing Legal Education had responsibility – section 3 of the Act.

It also has a function to issue certificates to persons qualified for call to the Bar – section 5 of the Act.

COMPOSITION

1.      The Chairman is appointed by the Federal Executive Council on the Federal Attorney General’s recommendation.

2.      States Attorney General and in the absence of a State Attorney General, the Solicitor General of the States.

3.      A representative of the Federal Ministry of Justice appointed by the Attorney General of the Federation.

4.      Heads of Faculty of Law of any recognised university in Nigeria, whose course of legal studies is approved by Council as sufficient qualification for admission to the Law School.

5.      The President of the Nigerian Bar Association.

6.      Fifteen (15) persons entitled to practise as legal practitioners in Nigeria of not less than 10 years post call selected or elected by the Nigerian Bar Association.

7.      The Director General of the Nigerian Law School.

8.      Two authors of a published learned works in the field of law appointed by the Federal Attorney General.

Please note that the Chairman and the two authors hold office for four years and may be reappointed for another four years unless they resign or are removed. Also, Council members are not entitled to any remuneration – section 2(5) of the Act.

Section 4 of the Act also empowers the Attorney General of the Federation to give Council, directions of a general nature or relating generally to particular matters with regard to the exercise of its functions and the Council has the duty to comply with these directives.

NIGERIAN BAR ASSOCIATION

The Nigerian Bar Association (NBA) is recognised by statute as far back as 1933 when the Legal Practitioners Ordinance of that year provided for the nomination of Members of the Association as Members of the Legal Practitioners Committee. However, it was not until 1959 that NBA became organised in its present national form under the Legal Practitioners Act, 1962 which makes provision for its sustenance. Though, this provision was deleted in the Legal Practitioners Act, 1975.

By virtue of Section 8(2), 90 per cent of practising fees collected are to be paid by the Chief Registrar of the Supreme Court to the NBA for its sustenance, and 10 per cent  to the Body of Benchers.

COMPOSITION

Every person duly enrolled as a legal practitioner in Nigeria is a Member of the NBA.  However, there are two categories of membership by virtue of Article 3 of the NBA Constitution, which are – (i) Full membership; and (ii) Honorary membership. 

Those enrolled as legal practitioners are full members whereas honorary members are members of the legal profession within or outside Nigeria admitted as such by the Annual General Conference on the recommendation of the National Executive Committee, and they include serving and retired Judges and Magistrates.

AIMS AND OBJECTIVES OF NIGERIAN BAR ASSOCIATION

Its aims and objectives includes the –

1.      Maintenance of the honour and independence of the Bar.

2.      Defence of the Bar and its relation with the Judiciary and the Executive – clause 2(b) of the Constitution of the Nigerian Bar Association.

3.      Promotion and advancement of Legal Education, continuing Legal Education, advocacy and Jurisprudence – clause 2(b).

4.      Improvement of the system of administration of justice, its procedures, arrangement of Court business and regular law reporting – clause 2(c).

5.      Encouragement of the establishment and maintenance of a system of legal aid – clause 2(d).

6.      Promotion of law reform – clause 2(e).

7.      Maintenance of the highest standards of professional conduct, etiquette and discipline – clause 2(f).

8.      Encouragement and protection of the public’s right of access to the court – clause 2(i).

9.      Promotion of the rule of law, protection of fundamental liberties, independence of the judiciary – clause 2(k); and

10.  Protection and aiding of newly qualified, incapacitated and aged members of the Association - clause 2(e).

LEGAL STATUS OF NBA

The Trustees of NBA are registered as “Registered Trustees of NBA”. Therefore, it is a juristic personality and not a juridical personality. It is a body corporate with perpetual succession, a common seal, the power to hold property and to sue and be sued in its corporate name.  In Fawehinmi v. NBA (1989) 2 NSCC 43, the fact that the trustees of NBA were registered was not brought before the Court. Otherwise, the Supreme Court would not have pronounced that the NBA is not a juristic person and should be sued in a representative capacity.

GENERAL COUNCIL OF THE BAR

ESTABLISHMENT AND COMPOSITION

The General Council of Bar, also referred to as “Bar Council” is established by Section 1(1) of the LPA, 1962, which was replaced by the LPA, 1975, now the LPA, 1990, Cap. L11, LFN 2004. The members are –

1.      The Attorney-General of the Federation as the President;

2.      The Attorney General of the States; and

3.      Twenty (20) members of the Bar Association and not less than 7 of them shall be legal practitioners of not less than 10 years post call – section 1(2) of the LPA, 1990.

FUNCTIONS

By Section 1(1) of the LPA, the Bar Council was originally charged with the general management of the affairs of NBA subject to any limitations provided by the constitution of the NBA. The present functions under the Act are –

1.      It shall be the duty of the Bar Council to make rules from time to time on professional conduct in the legal profession and cause such rules to be published in the gazette and distributed to all the branches of the Association – section 12(4) of the LPA. It is in exercise of this power that the council has made the Rules of Professional Conduct, 2007, for legal practitioners.

2.      It shall have power to make rules as to the opening and keeping by a legal practitioner of accounts at banks for client’s money, and the keeping of records of particulars of moneys received or held by them on account of a client. The rules may also empower the council to take necessary actions to ascertain whether or not the rules are being complied with – section 20 of the Act.

3.      The Attorney-General of the Federation shall consult the Bar Council before fixing the practicing fees payable by legal practitioners – section 8(2) of the Act.

THE BODY OF BENCHERS

ESTABLISHMENT

Section 3(1) of the LPA, 1990 establishes the Body of Benchers. The body consists of legal practitioners of the highest distinction in the legal profession in Nigeria.  By virtue of Section 3(2), it is a body corporate with perpetual succession and a common seal.

FUNCTIONS

1.      Formal call to Bar of aspirants.

2.      The issuance of Call to Bar Certificate – section 4(3) of the Act. 

3.      Prescription of Call Fee – section 5(d) of the Legal Practitioners Amendment Decree No. 21 of 1994.

4.      The exercise of disciplinary jurisdiction over Members of the profession and students seeking to become legal practitioners – section 8 of the Decree.

5.      Prescription of Practising Fees in consultation with the Nigerian Bar Association.

6.      They take measures which appear necessary or expedient for maintaining the traditional values of the legal profession and in line with this, they have made regulations for prospective legal practitioners prescribing the following:

a.       The keeping of three dinning terms by aspirants;

b.      Unblemished conduct as pre-requisite for call to Bar; and

c.       Sponsorship of aspirants in writing by two members of the Body of Benchers.

d.      Sign sponsorship form.

7.      The Body of Benchers has also been given the responsibility of the general management of the affairs of the NBA – section 2 of the Decree.

COMPOSITION

1.         Chief Justice of Nigeria and all the Justices of the Supreme Court;

2.         The President of the Court of Appeal;

3.         The Attorney-General of the Federation and Minister of Justice;

4.         The Presiding Justices of the Court of Appeal Divisions;

5.         The Chief Judge of the Federal High Court.

6.         The Chief Judge of the Federal Capital Territory (FCT), Abuja;

7.         The Chief Judges of all the States of the Federation;

8.         The Attorneys-General of all the States of the Federation;

9.         The Chairman of the Council of Legal Education;

10.       Thirty (30) legal practitioners nominated by the Nigerian Bar Association (NBA);

11.       Not more than ten (10) legal practitioners who appear to the Body of Benchers to be eminent legal practitioners of not less than fifteen (15) years post call standing.

LIFE BENCHERS

1.      The Chief Justice of Nigeria by virtue of his position;

2.      Persons who are members by virtue of section 2A(1)(b) – (f) of the LPA, 1962 at the time of the coming into operation of the Legal Practitioners (Amendment) Act, 1971; and

3.      The twelve (12) persons elected by the Nigerian Bar Association under section 2A(1)(g) of the LPA, 1962, as amended, as aforesaid, who have been duly elected at the time of the inaugural meeting of the Body.

The Body of Benchers has powers to confer membership of the Body for life on any person who would otherwise not be a member for life – regulation 2 of the Body of Benchers Regulations. Also, Life Benchers have the Exclusive right to sit at the first row when appearing in court.

CHAIRMAN AND VICE CHAIRMAN

The Regulation provides for the appointment of a Chairman and a Vice Chairman of the Body, such that when the Chairman is a member of the Bench, the Vice Chairman shall be a member of the Bar and vice versa – regulation 3 of the Body of Benchers Regulation.

It is also provided under the regulation that the Vice Chairman shall succeed the Chairman after his one year term.

LEGAL PRACTITIONERS PRIVILEGES COMMITTEE

ESTABLISHMENT

The Committee is established by section 5(3) of the LPA. It was set up in connection with the institution of the rank of Senior Advocates of Nigeria (SAN).

FUNCTIONS

1.      Conferment of the rank of SAN on legal practitioners of not less than 10 years post call who have achieved distinction in the legal profession in such manner as the committee may from time to time determine – section 5(1) and (2) of the LPA.

2.      Making rules as to obligations and privileges to be conferred on SAN as well as restrictions and mode of appearance to ensure the dignity of the rank of SAN. The SAN (Privileges and Functions) Rules, 1979 were made by the Committee and conferred the following privileges on SAN:

a.       The exclusive right to sit at the Inner Bar or Front Row.

b.      The right to mention a cause on the list for mention out of turn.

c.       The right to wear silk gown.

WAYS TO BECOME A SENIOR ADVOCATE OF NIGERIA (AS SET OUT BY THE CHIEF JUSTICE OF NIGERIA IN JULY 1990)

1.      The applicant shall furnish to the Committee or the Chairman 15 copies of his application attaching –

a.       Particulars of at least six cases in which he appeared before the Supreme Court within the last three (3) years preceding the date of his application; or

b.      Particulars of two contested cases at the Supreme Court and at least four contested cases at the Court of Appeal, or

c.       One contested case at the Supreme Court, four contested cases at the Court of Appeal and at least six contested at the High Courts.

2.      The Attorney-General of the Federation, if not already a SAN shall be made a SAN unless the Committee thinks he is not a fit and proper person.

3.      In exceptional circumstances, academic Members of the profession who have distinguished themselves through teaching and/or published works by making substantial contributions in the field of law and jurisprudence. Particulars and copies of such works should be supplied.

4.      All former Queen’s Counsel who applied shall be conferred with the rank.

5.      Partners in Chambers who severally satisfy all the criteria are eligible, but not associates or salaried juniors.

6.      In addition to forensic excellence, an applicant shall furnish evidence of:

a)      Good law office with good library; and

b)      Having at least two junior legal practitioners and staff in his Law Office.

7.      Good character and reputation, honesty, integrity, ability and sound knowledge of the law.

8.      Successful practice at the Bar, satisfactory presentation of cases in Court and high standard in the profession.

9.      Finally, respect for the Code of Conduct and etiquette at the Bar and loyalty to the profession.

COMPOSITION OF THE COMMITTEE

It shall consists of the following –

1.      The Chief Justice of Nigeria. (Chairman)

2.      The Federal Attorney General.

3.      One Justice of the Supreme Court.

4.      President of the Court of Appeal.

5.      Five Chief Judges of State High Courts.

6.      The Chief Judge of the Federal High Court.

7.      Five Legal Practitioners who are Senior Advocates of Nigeria.

However, it should be noted that it is the Chief Justice of Nigeria (CJN) that appoints number 3, 5 and 7 above.

LEGAL PRACTITIONERS REMUNERATION COMMITTEE

ESTABLISHMENT

The Committee is established under section 15 of the LPA.

COMPOSITION

It shall consists of the following –

1.      The Attorney-General of the Federation.

2.      The Attorneys-General of the States.

3.      The Nigerian Bar Association President; and

4.      Three (3) other members of the NBA – section 15(1) of the LPA

FUNCTIONS

1.      Its major function is to make orders regulating the charges of legal practitioners.

2.      Maximum charges for transactions.

3.      The taking of securities for payment of charges.

4.      Agreements between legal practitioners and clients with respect to charges.

If the committee proposes to make an order, it will serve a copy of the proposed order on the President of the Bar Association. The Association may then make its presentations if any, on the proposal within three (3) months of the service of the order on the President. After considering the representation, the committee may take the order but such an order may nevertheless be annulled by the Federal Executive Council (FEC) – section 15(4) of LPA.

LEGAL PRACTITIONERS (DISCIPLINARY COMMITTEE) RULES

ESTABLISHMENT

This is a Committee of the Body of Benchers established by section 11 of the Legal Practitioners Act as amended by Decree No. 21 of 1994.

FUNCTIONS

It considers and determines allegations of misbehaviour by persons whose names are on the Roll in their capacity as legal practitioners.  Appeals from their decisions lie to the Supreme Court – Section 9 of Decree 21 of 1994.

COMPOSITION

The Committee’s composition as prescribed by section 10(2) of the LPA has since been altered by section 9 of Decree 21 of 1994.  The new composition is as follows:

1.      A Chairman who shall not be either the Chief Justice of Nigeria or a Justice of the Supreme Court;

2.      Two Justices of the Court of Appeal, one of whom shall be the President of the Court of Appeal;

3.      Two Chief Judges;

4.      Two Attorneys-General who shall be either the Attorney-General of the Federation and an Attorney-General of a State or two State Attorneys-General; and

5.      Four (4) members of NBA appointed by the Body of Benchers.

The Chief Justice of Nigeria is empowered to make Rules for the procedure of the Committee, and in exercise of this power, he has made the Legal Practitioners (Disciplinary Committee) Rules.

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