- Jurists demand improved enforcement of standards, ethics
Legal giants gathered in Abuja last Wednesday for the maiden annual lecture of the Body of Benchers (BOB). Speakers highlighted what is wrong with the profession and suggested ways to restore confidence in the justice system, reports Assistant Editor ERIC IKHILAE
It was a gathering of mature legal minds in Abuja on March 26, during which participants scrutinised the state of legal practice.
They identified ways to remedy lapses and improve public confidence in the judicial system.
It was at the maiden annual lecture of the Body of Benchers (BOB) of Nigeria.
Participants discussed how to restore high standards in the practise of law.
Of major concern to all speakers was the dwindling adherence to professionalism and increasing disregard for ethics.
The challenges
BOB Chairman, Chief Adegboyega Awomolo (SAN), noted that the legal profession was susceptible to the vagaries of human existence, including the rapid changes brought about by science and technology.
He added that the current reality had ignited the debate about the urgent need for legal education reform.
He said a key topic of debate in this regard was whether a law degree should become a second degree in the university.
This, he said, is given the consensus that the standard of lawyers being produced is of less quality than years past. He noted suggestions for the reconsideration of the minimum qualification and age for admission to study law in the country.
Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, noted that “strict adherence to ethical principles in the legal profession and society at large is facing serious challenges.”
She said: “Today, more than ever, there is an urgent need to recommit ourselves to the fundamental values of ethics, discipline, and professional responsibility.”
Fashola: it’s wrong to argue cases on TV
From the presentation by the keynote speaker and former Governor of Lagos State, Babatunde Fashola (SAN), the problem is attributable to the challenge of quality control, resulting from the increasing population of entrants into the profession.
The ex-governor recalled that, in his days, there was strict attention to quality control by those with the responsibility of admitting law graduates into the profession.
He noted that in his early days in the profession, while there was only one Law School in Lagos, there were about 10,550 registered lawyers when he enrolled at the Supreme Court in 1988.
As noted by the ex-governor and former minister, not only has the number of universities increased, leading to the production of more law graduates annually, but the law school has also expanded, with seven campuses, to accommodate more intakes.
Fashola said: “As we move from the past to the present, we must acknowledge that the Supreme Court, in which I registered in Lagos, is now in Abuja.
“The Nigerian Law School, which was only in Lagos, now has schools in Abuja, Bayelsa, Kano, Enugu, Yola, and Port Harcourt in addition to the Lagos School.
“Our Law School is now graduating about 5,000 students on average per annum. This is about half of the 10,550 lawyers who registered in Nigeria when I enrolled in 1988.
“There are now 146,255 lawyers on the nominal roll,” he said.
Fashola expressed concern about the growing practice where lawyers argue their cases on television and criticise judicial decisions on such platforms.
He said: “When. I was in this parish (when he was practising), it was an anathema to argue your case on the television.
“There is also a good reason for us to be concerned about public perception of our administration of justice system in which lawyers produced from the Law School and admitted to the Bar by the Body of Benchers play a prominent role.”
How not to criticise the Judiciary, by Justice Ogunwumiju
Justice Helen Ogunwumiju of the Supreme Court was unhappy that some lawyers were in the habit of denigrating the Judiciary without being subjected to existing disciplinary measures.
She noted that lawyers now engaged in criticism of cases and court decisions on the media as a method of attracting publicity or as part of advocacy, driven by vested interests.
She said: “In contentious cases, when judicial decisions given by the apex court are different from their views, these lawyers propagate narratives, suggesting judicial corruption or incompetence.
“Some lawyers frequently appear on television, radio or social media to criticise judgments they have never read nor understood, often quoting fictitious excerpts and disregarding judicial reasoning.
“It has become common for lawyers to publicly criticise judicial proceedings in which they are involved right within the court premises, instead of pursuing legitimate appellate avenues.
“The profession appears to have collective amnesia regarding the principle of sub-judice, which prohibits commentary on ongoing judicial proceedings, pursuant to Rule 33 of the Rules of Professional Conduct.”
Justice Ogunwumiju noted that this unhealthy practice by some lawyers accounts for the growing erosion of professional ethics in the legal profession, which undermines the historical respect from the public which is enjoyed by both the bench and the bar.
She took a swipe at the leadership of the Nigerian Bar Association (NBA) for failing to rein in some of its erring members.
Justice Ogunwumiju added that she was disappointed that, despite being empowered under Rule 4(5) of the Legal Practitioners Disciplinary Committee Rules 2020, the NBA has not taken any proactive disciplinary measures against such behaviour, which suggests that “perhaps the official bar is complicit in it.”
She said it was not unusual for lawyers to criticise the Judiciary, but that such exercise should be carried out appropriately, through recognised avenues.
Justice Ogunwumiju said: “Criticism of the Judiciary exists worldwide. It is not confined to our country.
“Constructive criticism is distinguished by its objective of improving jurisprudence not aimed at vilifying individual judges or the Judiciary as a whole.
“There are established avenues available in this profession for lawyers, genuinely interested in contributing constructively to legal discourse.
“They may write thoughtful dissent, scholarly analysis for publication in legal journals or in other appropriate NBA fora… including the NBA journal,” Justice Ogunwumiju said.
How to redeem the profession
Justice Kekere-Ekun, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), Fashola and an Abuja-based lawyer, Kelvin Okoko suggested ways to address the identified challenges currently plaguing the legal profession.
They specifically tasked the BOB to take a second look at its operations with a view to reviewing its approach to the same place execution of its responsibilities.
The CJN said the BOB, as the apex institution of the legal profession in the country, is uniquely positioned to lead the charge in this regard.
She added: “The responsibility of upholding the legal profession’s sanctity rests heavily on its shoulders, and I have no doubt that the Body will continue to rise to the occasion.
“The enforcement of professional discipline among legal practitioners, through the Legal Practitioners Disciplinary Committee (LPDC), is a vital function that must be pursued with fairness, transparency and unwavering resolve.”
Fashola noted that to maintain high ethical standards in the profession, members of the BOB must not only keep their hands firmly on the regulatory door of admission to the bar, but “they must lead a crusade of urgency to remove unsuitable persons and characters before they bring down the house.”
He suggested the need for the BOB to reform the training process of persons called to the Bar, which could include the separation of the training of solicitors from barristers or advocates.
Fashola queried whether it was not time to separate and specialise the training of solicitors from barristers or advocates, given current public concerns about the administration of justice.
He said: “The focus on barristers/advocates is particularly important because it is the output of their work in the courtrooms that the public is concerned about.
“Is this not the time to also look in the mirror and at the current Law School curriculum and ask ourselves what kind of advocate we can train in one year with a theoretical outlook and insufficient time or infrastructure for courtroom practice and exposure?
“By reforming the training process of persons called to the Bar(as distinct from solicitors, whose ‘work is not so much public facing) we can secure a prosperous future for the legal profession that is anchored on sound ethical foundations of competence, character and integrity.”
Fagbemi, who was represented by the Solicitor- General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mrs. Beatrice Jedy-Agba, said the time for the BOB to redeem the profession was now.
He said: “The BOB holds a position of great responsibility in the Nigerian legal profession, not only in the admittance of new lawyers but also in maintaining the ethical standards that sustain the profession’s credibility.
“As gatekeeper, it has an obligation to uphold the integrity of our profession and address any decline in professional conduct.
“This is a task that requires courage, vigilance and unyielding dedication to the principles of justice and fairness.
“In this context, the BOB must continue to be proactive, innovative and responsive of emerging challenges in the legal field.
“We must be resolute in enforcing rules that ensure that our colleagues operate above reproach in every aspect of their practice.”
Okoko seeks more roles for BOB, decentralised LPDC
Okoko said part of the measures to be adopted in ensuring discipline and high moral standards among lawyers was for law schools and legal institutions to reinforce the importance of ethical conduct, professionalism, and discipline in their curricula.
He added that practical training that emphasises ethical behaviour in real-world situations could also be introduced early in legal education.
Okoko said the NBA and other regulatory bodies should strengthen oversight of lawyers’ activities, which could include more proactive monitoring of legal practice, reviewing complaints promptly and applying disciplinary actions when needed.
He also suggested the need for relevant agencies to encourage the public to report unethical behaviour and provide a more accessible complaints process.
Okoko argued that it is essential to make the consequences of indiscipline and unethical practices more transparent and known.
“Lawyers found guilty of misconduct should face swift and proportional penalties, including disbarment, suspension, or fines, to act as a deterrent.
“Regular seminars, workshops, and conferences on ethics in law can be organised, where lawyers can refresh their understanding of ethical rules and how to maintain the highest standards in their practice,” he said.
Okoko suggested the need for judges and the Judiciary to lead the way by adhering strictly to ethical standards in their judgments and conduct.
“They can also provide stronger guidance on ethics during court proceedings and act decisively when unethical conduct is observed.
“The Body of Benchers, as the supreme regulatory body for legal practitioners in Nigeria, could take a more active role in investigating complaints, monitoring ethical standards, and disciplining those who breach the code of conduct,” he said.
Okoko further suggested that the LPDC should be decentralised by creating offices in the six geopolitical zones, with more panels, to ensure effective disciplinary action against indiscipline and unethical conduct by lawyers.
