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Tag: LAW

  • Knock for Akpabio over pension law

    Knock for Akpabio over pension law

    A political commentator, Mr Sunday Ekong, has condmened Akwa Ibom State Governor Godswill Akpabio over the pension law.

    He said though Akpabio has repealed the law he still deserved some knocks.

    Ekong, a former Travel Manager of Daily Times Plc in a statement, said: “Of late, the Akwa-Ibom State government was in the news, negatively though. Its state House of Assembly had just passed into law what sane minds regarded as the most vitriolic pension/retirement law that aimed at milking the state’s treasury dry and rendering the already destitute citizens poorer than ever. Acquiescing to the obnoxious law by Governor Godswill Akpabio was an indication that the leadership of the state did not mean well for the citizens.

    “Even though the law has been repealed after much pressure from within and outside the state; not excluding some stalwarts of the People’s Democratic Party (PDP), it reflects the true state of affairs in and around Governor Akpabio’s administration.

    “Even ahead of their end of tenure, only a no confident vote is enough as terminal reward for the Governor Godswill Akpabio’s administration. Views from sound and unbiased individuals suggest that the Speaker of the Akwa-Ibom State House of Assembly on whom the governor had showered so much encomiums for passing the anti-people law has betrayed the people.

    “The review of pension benefits to past governors and deputies need not be the pre-occupation and prerogative of an incumbent. We hold this view because to revoke an obnoxious law may be a mission impossible, futile and intractable exercise for a fair-minded successor. A no confident vote is the answer now as the first reaction by the people.

    “A drastic disease needs a drastic treatment to avert the devastating effects of the time bomb. This shot is not yet lighted and our safest bet is to avoid the aim.

    “In the changing fortunes of time, it may be an illusion to figure out the workability of a policy that was intentionally meant to fail. In it, government’s programmes may be put on hold, forced to collapse or crash out.

    “Even as the pension law has been repealed, the people of Akwa-Ibom State, a predominantly civil service society, are a surviving lot, denied of their due dignity of labour and purchasing power.

    “Teachers, constituting over 75per cent of the state’s workforce, have gone without salaries for more than four months. Election campaigns for Senate have continued uninterrupted not minding the security implications it has on state and the country.

    “By 2015, Akwa-Ibom State shall continue to remain the only state in Nigeria without a single tangible industry. Their account of achievements and development, being relative term are mere window dressing and painted sepulchers to the great minds and discerning people of Akwa-Ibom State.

    “The most unfortunate thing which definitely cannot be taken for fun is that those who are going to suffer Governor Akpabio’s legacy of inhumanity to man which he will bequeath to the state and their generations unborn, had the law remained, are not in any position to know what has befallen them.

    “This legacy of ill-will which Governor Akpabio wanted to introduce to the state needs the attention of Senators and members of the House of Representatives of Akwa-Ibom State origin to halt its repetition by any governor of the in future.”

  • ‘Law is my family’s second language’

    ‘Law is my family’s second language’

    Mr Adesegun Mohammed Ajibola (SAN) and son of former World Court judge, Prince Bola Ajibola (SAN). He cut his legal teeth in three law firms in England before joining G.O.K Ajayi & Co, Lagos. In 1993, he joined his father’s firm, Bola Ajibola & Co, Lagos, where he is presently the Managing Partner and Head of Chambers. He was made SAN in 2011 after 21 years at the Bar. He tells JOSEPH JIBUEZE how his father influenced him to read law, how to ensure speedier justice delivery, and sundry national issues.

    It must be a huge responsibility to be the son of Prince Bola Ajibola (SAN), a former Attorney-General and Minister of Justice, a  former President of the Nigerian Bar Association (NBA) and a  judge of the International Court of Justice (ICJ) at the Hague.

    Mr Adesegun Ajibola, a Senior Advocate of Nigeria, was born in 1963, a year after his father was called to the English Bar at the Lincoln’s Inn, having graduated from the Holborn College of Law, University of London.

    Coming from such a family, Ajibola said people expect  a lot from him. It is also not surprising that he chose to study law as a young adult, having been influenced by his father‘s successful career. “It is impossible for an  animal not to be influenced by his environment, in particular by his forebears,” Ajibola admitted.

    “If you see a man behaving in a particular manner, most times they ask you to check his background and his parentage. My case was no exception. I grew up knowing my dad as a lawyer. Legal profession was the second language in our home.

    “Words like lawyers, courts, Nigerian Bar Association, conferences, seminars and things that had a bearing on the legal profession were common themes in our home. One could not but be influenced by those circumstances one found himself. I must confess that my influence came from that background.

    “In a lot of ways  my dad was helpful in encouraging that I took that line, being a line he had trodden successfully and in which he believed I could find a future. With gratitude to God, I’m privileged to be born into that environment which gave me the opportunity to be in the noble profession that I have been in all my working life.”

    But could he have studied anything else other than law? “Most likely I would have been an artiste, a musical artiste, if I hadn’t read law. When I say this to some people they laugh. I love music and I still do. That was the direction that I first felt I was going to go.

    “Another thing that I thought of when I was young was farming. I love plants and animals. I’m amazed at how trees grow from saplings, and how animals grow from birth. I love nature, astrology and the likes.”

    Ajibola said people, even judges, expect a lot from him, being the son of a former justice minister, but he said he is doing his best to live outside his father’s shadow. For instance, it took him over 20 years of hard work to be made a SAN.

    “I have grown used to those kinds of situations; people expect so much from me. It is  not  uncommon. I expect that coming from that  stock, there is a level of quality that would be assumed that you would have. But in most cases that is not always the case.

    “Everyone has his own approach and ways of looking at things. I think it is a bit unfair, but I understand perfectly why it is so, but I have accepted it as  a  way of life and a  cross I must carry. I live with it as comfortably as I can, without  letting it get to me much.”

    Having practiced law for two decades, Ajibola is bothered by allegations of corruption in the judiciary, and he would want to see anyone indicted tried. He spoke against the backdrop of the practice of retiring judges found to have violated their oath of office.

    “Judiciary and corruption are two things that must never  mix because of the very crucial  nature of the responsibility that the judiciary is required to discharge. It is of a nature that cannot habour corruption. It  could destroy  its entire fabric.

    “On whether  corrupt judges should be subjected to criminal trial, I think there is a good point there. We have the anti-corruption laws either founded in the EFCC Act, ICPC Act  or Criminal Code. Judges are no exemption from the applicability of those laws and the requirement that they can be prosecuted if they are found wanting in that regard.

    “I am one of those who believe that the first step in dealing with the problem of corruption is the immediately relieving them of the responsibility that they hold, and then giving an opportunity for the law to take its course.

    “I agree that they should go a step further, and that judges should not be allowed to feel immune from the hands of the law, when in fact the law does not allow for such immunity.

    “If any judicial officer has been found corrupt, or has committed a crime of any sort, either in his sheer capacity or otherwise, he should be made to face the law like anybody else would do. I think it would send down the right signal and encourage the deterrence that we want to have.

    “As soon  as we begin to see such situations, perhaps we will see a better managed judiciary and less corruption. However, I don’t think there’s a society that is corruption-free,  but we want to have it as manageable as possible, so that we don’t have a breakdown of law and order which can flow from a breakdown of judicial responsibility.”

    Another area of concern to stakeholders is the very long time it takes to decide a case. There are several instances in which trial is yet to begin in criminal cases that were instituted against former governors in 2007.

    Most have been delayed due to the filing of one interlocutory application or the other. Some have wondered whether such preliminary applications should be done away with. What does Ajibola think?

    He said: “Law in its application must have a process, and there are procedure and rules which guide the application of those laws. However, those rules and procedure are open for abuse by people who don’t have the proper sense of responsibility. That is the aspect that we need to deal with and arrest.

    “We as lawyers need to tell ourselves the frank truth. We have ethical standards; rules and regulations which guide our practice. They do not encourage the idea of filing frivolous applications with a deliberate intention of delaying the matter.

    “But it is difficult to know when an application is filed for a frivolous reason. It is the difficulty in accessing that intention that gives room for the abuse that we talk about. How do you know whether in sincere and honest sense the lawyer is not acting in the best interest of his client, moreso when the steps he has taken are  procedures which the law allows?”

    What  does he think is the best way out? “We need to re-orientate ourselves and appreciate the fact that at the end of the day we’re all losers. It may work for you today, because you’re on this side of the law. If tomorrow you find yourself on the other side, and the same thing happens to you, you will lose.

    “Encouraging that kind of approach to administration of justice is  something that will do  no one no good at the end of the day. It may help in resolving a temporary situation, but in the long run, we’re all losers. Perhaps there is no other country that has as much causes of delays in dispensation of justice as Nigeria, except as I hear, in India.

    “We need to evolve better arrangement which will be in  place to curb the excesses of some of us  who abuse that process. I think it requires a think-tank approach, as try to do regarding law reforms. The new Lagos State rules came  from the need to fast-track and reduce bottle-necks and roadblocks in  dispensation of justice.

    “However, no one process is perfect. Any process designed by man stands to be defeated by the same men. The same man who invented the pencil invented the eraser. We don’t benefit from it generally. As far as I’m concerned, we’re all losing.

    “Once we can accept that as a platform, and get people to understand that the failure of one is that failure of all, the sooner we begin to approach the situation from a standpoint of positive and honest sense of purpose. It requires a scientific approach in dealing with a very  fundamental problem which has bedeviled our system and is slowing us down.”

    Another provision  in the rules that has caused delays is  a case that starts de novo (afresh) if witnesses had been called before  a judge is transferred, is elevated to a higher court, or dies and another judge takes over.

    In that case, witnesses would have to be recalled. Ajibola said this provision too, needs to be revisited. “It’s difficult for a case no to start de novo. One of the functions of  the judge is to watch the demeanor of the witnesses before him, not just listen to testimony alone. He has to see that the evidence being given is given with conviction, and in a manner which portrays the truth.

    “It is difficult for a judge who has taken over a case and who has not had the opportunity of watching the demeanor of the witnesses to  form a complete picture of the evidence that has been given. It will be akin to vision without sound.

    “I agree that it reverses the order and tends to delay the matter, but in most cases where evidence had not been taken, the need for  de novo is not applicable. It’s applicable in most situations where evidence has been taken. It will be unfair to expect a judge who did not see the witness to have the complete picture and form an opinion as to whether the witness is one of truth or of lies.

    “It is that requirement to see that justice is done and transparently done that gave rise to the de novo principle. When you compare the injustice that can be, you probably find out that it is better to take all the time that is required to achieve justice than injustice in a short time.

    “What I will be happy to see  is that the aspect of the requirement for trial to start all over as it is in most cases is restricted strictly to aspects which evidence by witnesses have been taken, so that whoever takes over assumes all the processes and procedural steps taken before then.

    “In this country where our approach to things is most times questionable, once you have a witness come in once and give evidence, getting him back most times to repeat most things he has said is a problem. Situations change and influences would come in. Eventually some people escape justice.”

  • Law students take advocacy to streets

    Law students take advocacy to streets

    Law students of the University of Lagos, (UNILAG) in Akoka, under the aegis of Justice Oputa Chambers, held a rally in Bariga last week to educate residents on their fundamental human rights.

    The rally was part of the programmes marking their annual outreach event tagged: “Law to the lay man.”

    The head of chambers, Cornelius Gabriel, a 400-Level student, said: “The aim of the outreach is to educate the public on their rights and responsibilities under the law. We are sharing copies of the Constitution to those who could read. But for illiterates, we decided to give them verbal education. We are sensitising them on Child Rights Act as regards their roles in the society and ways they could be helped in getting justice.”

    A 300-Level student, Adesanoye Ayomikun, said the programme was necessary to create a responsible citizenry.  “The event is important, if only to inform the people about their rights as human beings.

    “Some people said they were victims of unjust arrests when they go to police stattions to lodge complaints. It is really terrible and this programme has been able to provide answers to most of the pertinent questions.”

    Residents and traders, who were sensitised by the students, expressed concerns over the poor state of justice in the country.

  • Removing the mystery in law

    Removing the mystery in law

    Law no doubt is one of the most respected professions the world over — a harbinger of the clamour for a just society. Law is held in high esteem and so are lawyers. This could be probably likened to the reason many see the understanding of how law works as the job of barristers – this may be right but at the same time, it is pertinent that as an ordinary citizen one needs to know the basics and the modus operandi of law.

    A renowned Barrister and Solicitor of the Supreme Court of Nigeria, T.A.O Tugbiyile is also on the same page with the submission above. He lends his voice, borne out of years of experience in legal profession, on the need  for citizens to have an idea of the workings of the law “the profession has been mystified so there is need for its demystification,” he said in  an interview with The Nation.

    The learned man who has written many books on law deemed it fit to go with the trend by making his works available to more people through the Internet. When he said “I have decided to take my works to the Internet so that more people will have access to it and get them at a cheaper price…,” it signified his readiness to make sure that Nigerians and people from different parts of the world enjoy his resourceful books in their digital version hence the birth of www.nigerialawdigest.com.

    He said: “So far I have written fourteen law books and edited eighteen volumes of Digest of Supreme Court, Court of Appeal and High Court cases that’s over seventeen thousand pages, but there is challenge of publishing. For the fact that people are moving away from print, one must move with the time. This and coupled with the need to demystify the perception of people about law informed creation of a website www.nigerialawdigest.com . It presents law, in clear terms, to a lay man and how he can apply its knowledge in his dealings.”

    Evidently, this laudable project would give proper orientation to lay men, bridging the gap between citizens and the law.

    Barrister Tugbiyile is a Law graduate of University of Ife (now Obafemi Awolowo University) and former Nigerian Law School lecturer. He is one of the few Nigerians who are in tune with the speed of change in the information dissemination. His law books which cover different aspects of law have come handy in their digital forms on the Internet.

    The seasoned writer and publisher who wrote an autobiography of one of the giants in legal profession, Chief F. R. A. Williams, is passionate about his efforts to teaching and presenting law in clear terms to all for easy comprehension.

    He interestingly revealed that there are certain legal documentations that do not necessarily needed to be done by a lawyer, “people always believe that if you have to do a simple agreement or a will, you have to go to a legal practitioner; you really don’t have to if you are fairly literate. If you go to www.nigerialawdigest.com we have draft agreements…. The website is not only for legal practitioners, it is for the general public to know their rights. Our campaign has been centred on demystification of the law. To remove the mystery in the law. To teach ordinary layman how to do his will, do agreements himself. The website is also meant for people who are inquisitive and want to know how law operates. If you go through some of the cases digested, you will know your rights and how to exercise them.”

    He cited an example of landlord-tenant issues: “A landlord can tell you to get out of his house tomorrow and bring hired thugs; he doesn’t have such powers. He must follow the due process, he must follow the law. So, when you go through the website, you would have an idea of what your rights are and be able to exercise them.

    “I give another example, the Federal Road Safety Corps are found on almost all roads but the law allows them to operate only on federal roads. So if you know your right, you will know the difference between state and federal road. If they come to arrest you on a state road, you can refuse such an arrest.”

    On www.nigerialawdigest.com are materials that could make one understand law the more and use the lessons learnt to know one’s right. “You will see on the website, digests of Supreme, Appeal and High court cases, these are pronouncements of judges of superior courts on various aspects of the law: landlord, tenant, admiralty, appeal, practice and procedure, criminal law, constitutional law, federal law, state law, banking law and so many areas.

    “I feel grieved when I see how the police harrass commercial motorcyle operators (okada) because the do not know what the law says. The security operatives take advantage of their ignorance to extort them. If the oppressed have fair knowledge of law, they would not suffer the harassment,” he said.

    The Igbajo, South Western Nigeria-born intelligent lawyer has had a flare for journalism and writing since childhood, and he has proven that with a number of books published by him. Going back the memory lane, Mr Tugbiyile relived the school life as a law student. Although he is an accomplished man but wished he had been more serious with education during his school days especially in the higher institution. “I wish I had lived like a devoted Christian devoid of excess social life,” adding that he had to amend his ways when his social life posed a serious threat to his academic success.

    When asked if the distractions back then were anywhere close to what are obtainable now, he argued that “there were distractions, many of them. There were clubbing, partying and girls. We had palm wine club and different clubs but I never joined the confraternity.”

    The law expert-cum publisher, as expected, refuted the general notion that ‘lawyers are liars’. “lawyers do not lie but view issues from different perspectives — prove the issues beyond reasonable doubts,” he submitted.

    He also added that people would easily conclude that lawyers are liars when they have been able to defend an accused person whom many perceived to be clearly guilty in the court of law. “Let’s take for instance an issue of rape, if there is no prove admissible in the court to prove the accused guilty and he is set free, ordinary people on the street would auestion the decision. Whereas the plaintiff and his lawyer have rendered the court powerless for they have failed to prove that the accused actually committed the crime beyond a reasonable doubt,” he opined.

    The legal practitioner who had wanted to be a writer and an editor after leaving secondary but opted for law said he is fulfilled now. “I wanted to be a journalist owing to the influence of one old writer, he was editor of Sunday Sketch… I loved his lifestyle, he was popular; I wanted to be like him so right now I am fulfilled because I am a writer, an editor, I publish all my works. I am a teacher and still practice law. What has happened to me so far is double blessing because I am more than I would have loved to be if had gone ahead to read Mass Communication.”

    The Barrister whose some of his books include Defamation Laws, Labour Laws and Practice, Debt Recovery Law and Procedure, Law of Banking and more has simplified the law in such a way that every stratum of the society can read and understand.

  • Why we are inaugurating children’s lounge

    Why we are inaugurating children’s lounge

    Lagos State has again blazed the trail in the judiciary with the inauguration of first ever children’s court and as required by the Child’s Rights Act. The lounge is intended to care for children, who most of the time, bear the consequences of divorce. The state Chief Judge, Justice Ayotunde Phillips and head of the Family Court, Lagos Judicial Division, Justice Yetunde Idowu spoke on this issue and other sundry ones in an encounter with Adebisi Onanuga.

    Lagos State judiciary inched forward in the implementation of Child Rights Act 2007 with the inauguration of a lounge for the children in family courts last week.

    The lounge was equipped with children’s story and toy books; exotic toys and children games of different kinds; couches and other electronic items such as television; water dispenser; cookies and candies.

    Lagos State Chief Judge, Justice Ayotunde Phillips described the lounge, established by virtue of Section 150 of the Child’s Right Act, as novel and the first of its kind in all the 19 states that have adopted the law.

    Justice Phillips, who was represented by the Head Judge, Justice Funmilayo Atilade said the lounge would remove the children from the psychological influence they would have suffered if told the divorce story of their parents.

    The head of the Family Court, Lagos Judicial Division, Justice Yetunde Idowu explained that the purpose of creating children’s lounge is in accordance with the Child Rights Act, which forbids anyone from having a child where issues concerning adults are being discussed. “Normally, when you have a matter, for instance, custody matter in a matrimonial court, when you talk about issues in divorce, you would expect some funny and dirty details. That is not good for the upbringing of the child and is also not good for the psyche of the child to be present when these things are being said,” she said.

    She continued: “So, while we are tackling that, the child will be brought to the lounge and taken care of. We don’t want to expose our children to all these dirty things being said in the matrimonial court. So they are here and are taken care of and when their parents are ready to go, they would take them.”

    Justice Idowu said sometimes, there could be a need for the family court magistrate or judge to have a talk with the children and would want to have it in a conducive atmosphere. She said in such situation the court room is not a friendly place. “We don’t want to expose the children to that and with this kind of environment, you know children, when they are comfortable, they tell you the truth so that you know the way to go forward. That is the essence of setting up a place like this,” she said.

    Justice Idowu disclosed that the children’s lounge is the first to be inaugurated by the Lagos State judiciary and each family court would have a place like that attached to it.

    According to her, there are 10 family courts manned by Chief Magistrates and two by judges in Lagos State are spread around different areas in the state.

    On cases of child defilement, which are on the increase of late, she said a place like the children’s lounge would help to take evidence from victims, who sometimes may view the court as a hostile place.

    “If they are brought to court to testify, I think this would be an ideal place to take their evidence rather than take their evidence in court,” she said.

    The state, according to her, has a similar place for victims of child abuse, child rape or defilement and others. “I am aware there is a centre where the victims can be taken to, where a psychologist can have a session with them. We are not psychologists, they are. So while we are handling the hard core cases, children can be brought here, we can have a chat with them and they would tell you what happened and that would help in the prosecution and adjudication of the matter,” she said.

    Justice Idowu does not see any need for a review of the criminal law to make the punishment for child defilement stiffer and curb the increasing trend. According to her, what is in the criminal code is stiff enough to deter a potential child rapist.

    “I think the present punishment we have is enough, but that is my own personal opinion. But I think we should tackle more, the fundamental things that are wrong. It starts from the home. A girl must be told that nobody has the right to touch her without her consent. Mothers must be told that they must protect their children from all these people. For instance, if you ask me, a man of 20 years or an adult going after a young girl, we need to tell them that girl child marriage is not something we should encourage. I think the punishment is enough. If someone is convicted, that punishment is ideal”.

    Justice Idowu disagreed with claims by lawyers that absence of witnesses to acts of rape makes conviction difficult. She said this does not happen in all cases as there are other evidences that are considered. She, however, emphasised: “In a situation where somebody was there, that person can come to court and give evidence on what he or she saw. Most of the time, these things are committed in camera, not in the open. If I am in the open, I don’t think any normal being would come and want to defile a child near me. I would of course shout.

    “So in most cases they are not done in the open and they create fear in the mind of these children that ‘if you tell anybody, I would do this to you; I would do that to you’, that is why children need to take their parents into confidence. Parents too must be close to their children so that if anything is happening to a child, the child would feel free to talk to them,” she said.

     

  • Kano branch holds law week

    Nigerian Bar Association (NBA) Kano branch will hold her law week from tomorrow to Friday at the Murtala Muhammed Library.

    The annual Dinner will hold on Saturday, at the Grand Central Hotel, Kano by 8. pm

  • NBA holds NEC meeting tomorrow

    The Nigerian Bar Association (NBA) will hold its quarterly National Executive Committee (NEC)  meeting at the Fountain Hotel, Ado-Ekiti, Ekiti State from tomorrow, March 5 to 7, 2014. Consequently, a meeting of the National Officers of the association is scheduled to hold today at the national secretariat, Abuja by 2. 00 pm. NBA President, Okey  Wali (SAN)  has called on NEC members to attend the meeting as a lot of important issues would be discussed and decisions taken. He therefore, called on lawyers to be focused and passionate as decisions would be taken on issues that would affect the future of the association.

    Fielding questions on the participation of the NBA at the forthcoming national confab, Wali said the NBA will painfully not participate at the dialogue because the   one delegate slot given to the NBA  clearly showed that the NBA presence is not needed at the  national dialogue.

    On whether he would lift ban on campaigns at the meeting, Wali said: “When we get there, we will know what to do.”  However, it is widely speculated that the electoral committee that will midwife the next NBA elections would be constituted in Ado-Ekiti.

     

  • 50 years of legal education in Nigeria: A critique

    50 years of legal education in Nigeria: A critique

    •Continued from lastweek

    Law students in Nigerian faculties of law, to complete the package, also register for elective courses outside their faculties. The courses are to be found in Faculties of:

    · Arts, Social Sciences, Management Sciences, Sciences

    It is expected that by the time a law student completes five sessions at a faculty of law, he or she is equipped to deal with the rigours of the Nigerian law school.

    (ii) The Nigerian Law School

    The Nigerian Law School is the institution responsible for the training of law graduates from the various accredited faculties of law. The Institution has been in existence for roughly half a century. It was established pursuant to the Legal Education Act with its location at Igbosere in Lagos and its first Director was an Englishman, Mr. G. Rudd, who served from 1962 to 1967. He was followed in succession by Dr. Olakunle Orojo from 1968 to 1976, a period during which the Law School Campus was also moved from Igbosere to Victoria Island (in 1969).  Mr. Justice J.O. Sofolahan served as Director from 1976 to 1978 and Babatunde Ibironke, SAN, from 1979 to 1993. Mr. Ibironke was succeeded by Chief John Kayode Jegede, SAN, who headed the Nigeria Law School with the new title of Director-General. Chief Dr. Kole Abayomi, SAN, became Director-General after Chief Jegede and ran the school from October 2004 to November 2005 when Dr. Maman Tahir succeeded him. In between these administrative changes, the Law School’s main campus was moved from Victoria Island to Bwari, Abuja in the Federal Capital Territory in1997. The Campus on Victoria Island thus ceased to be the main campus of the Law School and is now the Lagos Campus.

    Subsequently, other campuses were added such as the Enugu and Kano in 2005 and the Yola and Yenogoa Campuses in 2010. All Campuses except Abuja, which is the Headquarters, are headed by Deputy Directors-General. The Director-General heads the Headquarters and is the overall administrative head of the Nigerian Law School.

    The Nigerian Law School plays a very fundamental role in the development of a lawyer in Nigeria. Although it must be stated from the start that the education of a lawyer starts properly at the University.

    There are over 30 faculties of Law in Nigeria from which students are admitted by the Nigerian Law School, sometimes annually. The content of the course of study leading to the award of a law degree whether from a Nigerian or foreign University must be approved by the Council of Legal Education, which runs the Nigerian Law School. Only foreign Universities in common law countries or teaching common law courses are approved by the council, which usually insists that the subjects taken must include Constitutional Law, Criminal Law, Law of Contract, Tort, Land Law, Equity and Trust, Commercial Law and Law of Evidence.

    Admission into the Nigeria law School is also open to persons who have passed the final Bar Examinations of the English, Scottish or Irish Bar or the Solicitor’s Final Examinations of England, Scotland or Ireland.

    Today, persons educated in foreign countries can only practice law in Nigeria after being trained at the Nigeria Law School. For this purpose, the course is broken into two parts.

    The first part, Bar Part I, is designed for persons educated in foreign countries. The courses taken include:

    · Constitutional Law, Criminal Law, Nigeria Legal System, Nigerian Land Law

    The second part, Bar Part II is for all students whether trained in Nigeria or not. The courses taken include:

    · Civil Litigation, Corporate Law Practice, Criminal Procedure, Law in Practice, Property Law Practice

    For the students trained outside Nigeria therefore, they must first take and pass the Bar Part I examinations before they can join the students trained in Nigeria for the Bar Part II course.

    These courses are taught by the academic staff of the Nigeria Law School and outside experts (Judges, Senior lawyers and accountants) are called in to deliver lectures from time to time. Persons who have completed the professional training offered by the Nigerian Law School are entitled by Section 4 of the Legal Practitioners Act to be formally called to the Nigerian Bar and are issued a certificate authorizing them to practice law in the country by the Body of Benchers. This certificate can be withdrawn by the same Body for reasons usually related to gross misconduct and fraud24.

    The Nigerian Law school is unique in the sense that a student’s lowest grade is what is used as that student’s final assessment. In other words, if a law student gets 4 As and one C in his Bar Finals, his lowest grade becomes his overall grade. The idea is for the student to be good at all subjects, thus potentially making him a good lawyer. Overall, the Law school’s primary objective is to ensure that lawyers in Nigeria are properly trained in the highest standards of the Bar.

     

    5.PROBLEMS OF LEGAL EDUCATION IN NIGERIA

    At first glance it appears as though we have a fool-proof system but empirical evidence has shown that this is far from the truth. This is not to say that it is all gloom and doom as far as the Nigerian Legal Profession is concerned; I have merely highlighted the problems because I believe our Legal Education system has the potential to be much better than it is presently. I have separated the problems experienced by both institutions because while they might experience similar problems in some cases, more often than not, these problems are peculiar to each one of them.

    (i) PROBLEMS OF NIGERIAN FACULTIES OF LAW

    Faculties of law in Nigeria suffer from the following problems, among others;

    (a) Too many Students

    There is no gain stating the fact that Nigerian Faculties of law admit too many students. It is quite understandable that faculties of law seek to make Legal Education available to all and sundry but the downside of this desire is that the Nigerian faculties of law end up exceeding their quota at the Nigerian law school (each faculty of law is allowed to sell Law School forms to a particular number of its students).Some Universities are allowed to sell over one hundred (100) Law School forms to their students while others do not get more than 50 forms. The availability of these forms is dependent on how highly the said Faculty of Law is rated by the Council of Legal Education. Some Nigerian Faculties of law, despite the said rating, still admit more than their prescribed quota so we have instances where a particular faculty of law is entitled to say, 50 Law School Forms every year, but ends up graduating 250 students! Invariably, there is a backlog of students who eagerly await their respective turns to obtain Law School Forms. We therefore have instances where some students wait for as long as five years after graduation before they are allowed to go on to the law school. These are fallouts from the initial problem of admitting far more students than the faculty can cater for or is entitled to.

    (b) Lack of synergy with the Law School

    Following closely on the heels of the problem of too many students is a lack of synergy with the Nigerian Law school. The bulk of what is taught in Nigerian Faculties of law is substantive law which tells us what law ought to be (de lege ferenda) instead of procedural law which deals with what law is (lex lata). When students arrive at the Nigerian Law School, from Nigerian Universities, they are immediately faced with the remarkable difference or distinction between what is taught by both institutions of learning. This makes for an awkward transition for the law students. In some cases, a good number of them never quite grasp the complexity of what they are facing since it all seems so surreal. It is therefore a common sight to see students who had excelled in the University, having problems at the Nigerian Law School. It could, at first glance, be attributed to the intelligence (or lack of it) of the students involved but when an exceptional student’s academic career takes a sudden and inexplicable downturn, one would be advised to lay the blame where it belongs; at the feet of the faculties themselves.

    The truth is that while the Council of Legal Education, in a bid to build a synergy between the Nigerian Law School and Nigerian faculties of law, has stipulated the courses to be offered and taught in Nigerian Universities, a couple of Nigerian faculties of law still offer some decidedly strange law courses which are not approved by the Council of Legal Education and which do not positively influence the making of a Nigerian Lawyer. A lot of Nigerian Universities have no room in their curriculum for the practical aspect of law, which is what is taught at the Nigerian Law School. Indeed, many Nigerian law students graduate from the University without having visited any Nigerian court. It is even far-fetched in some cases to assume that they would have seen some practice-related documents like Motions, Certificates of Incorporation, Writ of Summons, Charge sheets, etc. For such students, the Law School represents a totally different brand of education. This is a primary reason for the mass failure that usually characterizes the release of results by the Nigerian Law School. This is in addition to the fact that a good number of those who pass the Bar exams still struggle to adapt to the demands of legal practice which, despite the very best efforts of the law school, are very high.

    (c) Lack of adequate Funding

    It is no secret that despite concerted efforts by the State and Federal Governments alike, our Universities and by extension, our faculties of law still suffer from lack of adequate funding, a situation that has led to the various Unions (Academic and Non-Academic Staff) going on strike intermittently to lodge their protest. The Universities require funds to make available the most basic of facilities and cater for the large population they harbour.

    (d) Inadequate facilities

    This problem, a fallout of the earlier stated “lack of adequate funding” is one that pervades Nigerian Universities collectively, and by extension their faculties of law. There is a need for Nigerian Faculties of Law to conform to the ever increasing standards of legal practice, setbacks like poor funding; lack of basic infrastructure; poor power supply, lack of standard lecture halls, lack of Information Technology equipment and poorly equipped libraries, inadequate accommodation and transport system, and in some cases, management problems, tend to crop up every now and then. This is a rather disturbing trend as faculties of law in other parts of the world (even in nearby Ghana and Benin Republic) have somehow managed to present an appreciable solution to these problems. Many Nigerian Faculties of law however helplessly accept these conditions and have somehow attuned themselves to them instead of thinking outside the box. Thus, we have Law Students who are not I.T Compliant, due to no fault of theirs, but because the system has not allowed them to be so. It is generally believed that learning in a conducive environment enables a student to assimilate much faster. When a student is taught in an environment where he has no access to information, relevant books, good lecture halls, basic amenities like electricity or water, he/she inevitably spends more time attending to issues well outside the ambit of what he is taught in school. Sadly, this is the lot of a good number of law students, particularly those who attend public schools. The effect such poor facilities have on Nigerian law students can be better imagined when one considers how well they perform when they travel abroad for further studies. It is thus obvious that Nigerian law students are held back from fully developing their potentials by poor facilities.

    (e) Incessant Industrial Actions

    Like all institutions, it is inevitable that Nigerian Universities would experience industrial actions once in a while but what we have in Nigeria is a situation in which industrial actions have become the norm rather than the exception. A cursory look at the history of strikes undergone by the Academic Staff Union of Universities (ASUU) would reveal some appalling statistics.

    In 1999, Nigerian Universities were closed for five months, in 2001, for three months, in 2003, for six months, 2007 for three months, 2009 for four months, in 2010 for five months, in 2011 for three months and currently as we speak, Nigerian Universities are on strike with the said strike having entered its fourth month.

    The negative effects of these strikes are better imagined than stated but suffice it to state that it has become acceptable for parents to mentally add a couple of extra years to the number of years their wards are expected to spend in the Universities upon admission. If a Nigerian Student were to gain admission into a University for instance, it would be wise to anticipate about 2 extra years to the 5 years that the student is expected to spend in the University. One could only imagine the effects that 2 extra years would have on a future lawyer. Some even go out of touch and only barely manage to pass exams. Apart from the facts highlighted above, the major effect of such strikes is that the victims lose their much coveted parity with their mates in private Universities. Beyond that however, law is a course that requires regular contact with books and a situation whereby a law student spends in total, about 2 years away from his books does not bode well for the student or the profession that he plans to join.

    (f) Insecurity

    This problem of insecurity in Nigerian faculties of law is only limited to some Northern parts of the country where Universities and other institutions of learning have either been attacked or have come under the threat of attack at some point.

    By and large, universities in Nigeria need a lot of work to conform to international standards. Consequently, faculties of law in Nigeria also need a lot of work in order to produce the kind of lawyers that the society needs.

    Having addressed the problems faced by Nigerian faculties of law, we shall proceed to the Law School itself which is the final bus stop for law graduates who desire to wear the wig and gown.

    (ii) PROBLEMS OF THE NIGERIAN LAW SCHOOL

    The Nigerian Law school which represents the pinnacle of Legal Education in Nigeria suffers from the following problems;

    (a) Disparity in sale of Forms

    The Nigerian Law school issues Law School forms to Nigerian faculties of law depending on their standing with the Council of Legal Education. It is not uncommon for established faculties of law like the University of Lagos (UNILAG) Faculty of Law to have twice as many forms as less established faculties of law. In the past, this disparity in the sale of Law School forms was justifiable but in recent times these “less prestigious” faculties have also recorded outstanding performances at the Nigerian Law School. It is therefore no longer tenable for a faculty of law to rest on past laurels and the disparity needs to be revisited because the Law School owes a duty to ensure that the best students are admitted at all times. If one of the not so illustrious faculties of law has been performing well over a period of time, then it goes without saying, that the number of forms available to such a faculty must be increased while those of low or non-performing faculties of law should be reduced to prevent a situation whereby the Law School would have too many law graduates to manage.

     

     

     

     

     

    That way, a student with good potential would not be sidelined simply because he is from a less prestigious University while one who is less endowed intellectually gets to attend the law school because he is from a prestigious University.

     

    (b) Too many students to manage

    While it is, on the face of it, a good idea to have as many lawyers as possible, it should not translate to the law school being inundated with too many students. It is not uncommon for a campus to have as many as 1, 500 (One Thousand Five Hundred) students. This does not allow for efficient teaching as students get to engage in other activities besides listening in class due to the sheer number of law graduates in the lecture hall. This in turn is reflected in the overall performance of the students in their Bar Final exams. The fact that the Nigerian law school is the only institution allowed to admit students from faculties of law also contributes to this problem. There are clamours for private law schools or an adoption of the American model where each University has its own law school.

     

    In the UK, from the original four Inns of Court, there are now ten institutions that run the Bar Vocational Course. According to Idornigie25

     

    “Legal Training in the United Kingdom from which that of Nigeria evolved has changed. Today, to become a Barrister in the UK, an aspirant undertakes the Bar Professional Training Course (Bar Vocational Course or BVC)26. The BVC is a graduate course that is completed by those wishing to be called to the Bar, i.e. to practice as a barrister in England and Wales. The ten institutes that run the BVC27 along with the four Inns of Court are often collectively referred to as ‘Bar School’. This vocational stage is the second of the three stages of legal education, the first being the academic stage and the third being the practical stage, i.e., pupillage”

     

     

    It is imperative that the Nigerian law school is not burdened with the sole responsibility of training law students so as to reduce the number of students that it has to manage. Private Law Schools can therefore be established for this purpose.

     

    (c) High Tuition Fees

     

    This is one of the problems that some critics have complained of, although it must be established from the start that I do not consider it a problem. Recently, Bamidele Aturu, a Human Rights Lawyer sued the Council of Legal Education over what he termed “excessive and oppressive” tuition fees28. The suit, which was filed at the Federal High Court was dismissed on October 18, 2013. As earlier stated, I am of the view that Law School fees are not too high. Nothing good comes easy and one must be prepared to pay for a sound education, particularly legal education.

     

    (d) Lack of synergy with the faculties of law

    As earlier stated, there appears to be a slight disconnect between what the law school wants and what it is given by Nigerian Universities. On the surface, it looks as though the provision of a strict curriculum for Nigerian faculties of law by the Council of Legal Education suffices but some of the Nigerian faculties of law take liberties with this curriculum, offering courses that could only be described as distractions. By the time these students, having graduated, get to the Nigerian law school, they meet a whole new world; one they had never imagined. This lack of synergy between the Nigerian Law School and faculties could also be identified as one of the reasons Nigerian law graduates fail at the law school, as the transition is not smooth enough. It is therefore important that the institutions of legal education cooperate and arrive at a meeting point.

     

     

     

    6. EFFECT OF PROBLEMS OF LEGAL EDUCATION ON LEGAL PRACTICE IN NIGERIA IN THE LAST 50 YEARS

     

    Education is supposed to provide students with the general ability to think critically and independently and apply this line of independent thinking to the practical aspects of what they have been thought. This paper does not aim to create the impression that there is nothing good about legal education presently; it only aims to show us where we are and what can be done to improve it. The Nigerian legal education system has produced some of the best brains in legal practice all over the world in the last 50 years, but there is still room for improvement and the full utilization of the vast potential.

     

    I feel highly uncomfortable commenting on the competence or otherwise of some of my colleagues at the Bar, but this must be said without mincing words. Since 1962, it seems the quality of lawyers turned out every year has been on the wane.

     

    We have lawyers who cannot draft processes, who cannot speak good English and who argue illogically. A lawyer should stand out from the crowd, even if he/she is not in active legal practice. Sadly this is not restricted to junior lawyers. Even Lawyers of over 10 years’ post call experience do make these mistakes. The blame here lies largely on our training institutions, particularly our Law Faculties and the Nigerian Law School. The Law Faculties of Universities owe a duty to adequately prepare Nigerian Law Students for the largely procedural law that will be studied at the Nigerian Law School and encountered in practice. That way, the transition from substantive law to procedural law will not be too sudden. The law school, in turn, owes a duty to ensure that those who are eventually called to Bar are competent and can defend their Call to Bar Certificates at all times. Every year (sometimes once, sometimes twice) over 3, 000 (Three Thousand) lawyers are released into the society and it saddens me to say that many of them do not have a clue about what legal practice entails. In most cases, they have to be trained all over again by their prospective Chambers. From my own experience, and indeed from the experience of many of my colleagues, our offices in most cases become an extension of the Law School as we have to re-introduce these young lawyers to the basics of the legal profession. That high sense of ethical responsibility that once pervaded the legal profession has somehow been lost amidst all the fanfare and celebration that greets each admission of lawyers to the Nigerian Bar.

     

    In the last three (3) years alone, two (2) Senior Advocates have been temporarily stripped of the prestigious rank. Something is obviously wrong with our noble profession. In the past, the disciplinary issues never involved Senior Advocates but now we have seen two (2) of our senior lawyers affected within three (3) years. Lawyers insult each other in court; there was even a reported case of two senior lawyers exchanging blows within the court premises. It is now the norm for senior lawyers to refer to our younger colleagues as “my juniors”. I refer to my younger colleagues as my colleagues. I sincerely hope I am not in the minority. This is a classic case of “physician heal thyself”. A lot of in-house cleansing needs to be done if we are to improve the quality of our lawyers29.

     

    You could beat your chest firmly in the past and boast that lawyers would never be arrested or charged to court for the sort of crimes you would expect from an average lawless citizen but that is not the case now as the legal profession has been infiltrated by wolves in sheep’s clothing who could not care less about its Rules of Professional Conduct and old traditions. Lawyers now get arrested for crimes bordering on tampering with clients’ money. This was unthinkable in the past but it is now the norm. Something needs to be done about the system that produces our lawyers so that the society can return to seeing them as the social engineers that they are. The Legal Profession has therefore suffered from the problems experienced by the institutions of legal education, most especially:

     

    · Lack of synergy between the institutions.

    · Lack of basic facilities.

    · Too many students.

    · Industrial actions.

    · Lack of basic facilities.

    · Very few lecturers in faculties of law who actually practise law.

     

     

     

     

     

     

     

     

    7. THE WAY FORWARD.

     

     

    (a) Synergy in curriculum between Nigerian Faculties of law and the Nigerian law school.

     

    Over 70% of a Lawyer’s foundation is the job of the University he/she attends. It is therefore important that the Universities prepare a law student adequately for the complexities of legal practice. A lawyer must not only demonstrate intelligence and great wit, he is also supposed to be honest and above board. I am well aware of the fact that the issue is sometimes out of the hands of the Universities as the foundation of some students might have been severely damaged in Secondary School. Education in Nigeria is at its lowest ebb and even though the authorities are rising to the challenge, there is still a lot to do.

     

    At the Law School, a law graduate is introduced to the ethics of the profession but one wonders if nine (9) months is not too short a period for this. The Law Faculties could be made to incorporate professional ethics into their curriculum over the five (5) sessions that a law student is expected to spend in the University. Overtime, the ethics of the profession become engraved in the minds of the law students who will most likely know them by heart by the time they graduate. This same solution could be applied to other aspects of law in which lawyers experience problems today. That way, the introduction to procedural law is gradual and not sudden. It should also be a pre-condition that a Law Student must be found worthy both in learning and in character before he/she is sent to the Nigerian Law School. This will go a long way in preparing law students for the side of law which is nothing like what they have learnt in the University.

     

    (b) More practising lawyers should be engaged as lecturers or part-time lecturers.

     

    The Universities and to a lesser extent, the Nigerian Law School, are the factories in which an aspiring lawyer’s foundation is built. By the time law graduates proceed to the Nigerian Law School for the relatively short period (nine months) that they would be there, the seeds sown during their time at the University (where they spend about five years and in some cases, more) would have taken hold, molding them into the lawyers that they will be. The Nigerian Law School equips them for Legal Practice but what has been learnt for five years cannot be compared to what is learnt in nine months. The Faculties at the Universities therefore have a lot to do if they are to produce competent law graduates and by extension, competent lawyers. The Universities therefore have to ensure that more practising lawyers are employed as lecturers in their faculties. Periodic accreditation programmes by the National Universities Commission (NUC) and the Council for Legal Education (Nigerian Law School) would also help to ensure that the faculties of law have the requisite teaching personnel and the right learning environment for their law students30.

     

     

     

    (c) Separation of the Council of Legal Education from the Nigerian Law School

     

    The Nigerian Law School as presently constituted is over centralized in terms of admission and examination. Although there is a Secretary to the Council of Legal Education and Chairman of the Council, the Director General of the Nigerian Law School virtually runs the Council. This should not be the case. It should be the other way round, that is, the Council running the law schools. In any case, before the multi-campus system was introduced, there was no legislation providing for multi-campus. It was merely an administrative fiat.

     

    We believe that the Legal Education Act of 1962 is overdue for immediate review and amendment to provide for autonomous campuses and separation of the Council from the Law School31.

     

     

     

    (d) Private Law Schools And Institutions

     

    At present, we have a total of one hundred and twenty eight Universities in the country. Fifty (50) out of this number are Private Universities, forty (40) are Federal universities while the remaining thirty eight (38) are State Universities. If private individuals or institutions, can run Universities, I do not see any reason private individuals or institutions cannot run Law Schools under the guidelines to be published by the Council of Legal Education and a central examination conducted by the Council. However, there must be strict regulations and accreditation of such Private Law Schools. This is more or less the practice in other climes, for example, the English system has moved from four Inns of Court to the creation of additional ten institutions for the training of lawyers.

     

     

    (e) Rating of Faculties

     

    Faculties of law in Nigeria should be rated annually. This rating should be continuous with the parameters clearly stated. It should also be the basis upon which law school forms are issued to these faculties of law, regardless of their previous standing with the Council of Legal Education. This way, there would be competition which would only bode well for the legal profession in the long run as a favourable

     

     

    (f) Continuing Legal Education

     

    Continuing legal education (CLE; also known as MCLE (mandatory or minimum continuing legal education)) is a professional education of lawyers that takes place after their initial admission to the bar. It is to ensure that lawyers remain professionally competent throughout their careers. In the United Kingdom for instance, a lawyer has to be assessed every year before he is allowed to practise. To remain competent, the lawyer has to stay in touch with the profession. All Nigerian Lawyers in legal practice or employment must comply with the Nigerian Bar Association’s Mandatory Continuing Legal Education (MCLE) Programme.

     

    The Nigerian Bar Association Institute of Continuing Legal Education (ICLE) serves as the Continuing Legal Education regulatory authority for the NBA and the profession by providing the standards and scope for the MCLE programme. The institute is overseen by the Board of the Nigerian Bar Association’s Mandatory Continuing Legal Education and works closely with Nigerian Bar Association Sections and the various local branches at large in developing programs on Mandatory Continuing Legal Education.

     

    In many states in the United States, Continuing Legal Education participation is required of attorneys to maintain their license to practise law. Continuing Legal Education requirements exist in many other jurisdictions, such as in Canada.

     

    If we impose these same conditions here in Nigeria, we can be sure that any Lawyer who practises in Nigeria is not out of touch with the Profession32. This should be seen as a further contribution of legal education to the profession in Nigeria.

     

     

    8. CONCLUSION

     

    There is no doubt that legal education in Nigeria has come a long way since the days of “igbosere”. We now have more campuses of the Nigerian law school than before, more faculties of law, more law students and by extension, more lawyers. This is an encouraging development but it is not enough that the period of 50 (fifty) years of legal education has brought us more lawyers, we also need to know that their quality is such that they can stand among the best in the world. This should be our collective objective. Today’s lawyer lacks adequate preparation for the basics of legal practice and this lack of preparedness stems from the problems already highlighted. There is a need to adjust legal education in Nigeria to be more in tune with what obtains in the developed parts of the world. Happily, there have been concerted efforts made by the current Leadership of the Nigerian Law School to address these problems, some of which were inherited.

     

    We should aim not only to have as many lawyers as possible but also to have lawyers we can be proud of at all times; both intellectually and otherwise. We should be more forward thinking. What would legal education in Nigeria look like when it is 100 years old? Would it be better than it is presently or worse? These are the questions that should agitate our minds. Like I said earlier, it is not all gloom and doom. The profession has coped well after 50 years of legal education. We are not where we are supposed to be but we are also not where we were before.

     

     

     

     

     

     

     

     

     

     

     

    9. BIBLIOGRAPHY

     

    Statutes referred to

     

    1. Legal Education (Consolidation, etc.) Act, Cap L10, LFN 2004.

    2. Legal Practitioners Act, Cap L11, LFN 2004.

     

    Books Referred To

    1. Adewoye, O. The Legal Profession in Nigeria 1865-1977 (Lagos: Longman, 1977).

    2. Doherty O Legal Practice and Management in Nigeria (London: Cavendish Publishing Limited, 1998).

    3. Encylopaedia Brittanica 2003 Edition ISBN-10: 0852299613 | ISBN-13: 978-0852299616.

    4. Imhanobe S Lawyer’s Deskbook (Abuja: Temple Legal Consult, 2010).

    Articles and Publications Referred To

     

    1. A Model Definition of the Practice of Law: If Not Now, When? An Alternative Approach To Defining the Practice of Law-Soha. F, Volume 61, Issue 4, Article 13, Washington and Lee Law Review. 9/1/2004.

     

    2. Address delivered by Dr Tahir Mamman, Director General of the Nigerian Law School at the Presentation of Candidates for Call to the Nigerian Bar at the International Conference Centre, Abuja on 14 February, 2012.

     

    3. Court Dismisses Aturu’s Suit on Law School’s Fees-This Day Newspaper, October 18, 2013.

     

    4. Democracy And Socio-Economic Imbalance in Nigeria: the role of law. Being the full text of a Keynote Address delivered at the Nigerian Bar Association (Benin Branch) Law Week On June 24, 2013 at Fourteen Eighty Five Marquee, Edo Hotel Premises, No.4, Okada Drive, GRA, Benin City, Edo State. By Chief Joe-Kyari Gadzama, MFR, SAN, FCIArb. (UK).

     

     

    5. Jurist: The Legal Education Network: History of the Legal Profession in Nigeria. Prof. Yemisi Akinseye George, (now SAN) Acting Head and Senior Lecturer, Department of Public and International Law, University of Ibadan.

     

    6. Modernizing Legal Practice In Nigeria: Challenges And Prospects: Being The Full Text Of A Paper Delivered At The 2013 State Of The Legal Profession Lecture Of The Nigerian Institute Of Advanced Legal Studies (Nials) On August 06, 2013 At Shehu Musa Yar’adua Centre, Abuja By Chief Joe-Kyari Gadzama, MFR, SAN, FCIArb. (UK)+

     

    7. mynlasportal.com (the Nigerian Law School’s official website) on Friday, September 27, 2013.

     

    8. Soha F Turfler A Model Definition of the Practice of Law: If Not Now, When? An Alternative Approach To Defining the Practice of Law- Volume 61, Issue 4, Article 13, Washington and Lee Law Review. 9/1/2004.

     

    9. The Titi Tudorancea Bulletin. October 5, 2010.

     

    10. Training to Become a Lawyer in Nigeria’ – Idornigie, P O being a Chapter Contribution to the book The Anatomy of the Legal Profession in Nigeria published by the Nigerian Institute of Advanced Legal Studies, 2013

     

     

    (Footnotes)

    1

    Now Legal Education (Consolidation, Etc) Act, Cap L10, LFN, 2004.

    2 1962.

    3 See the Address delivered by Dr Tahir Mamman, Director General of the Nigerian Law School at the Presentation of Candidates for Call to the Nigerian Bar at th

    e International Conference Centre, Abuja on 14 February, 2012

    4 See the Body of Benchers

    ’ Programme for the Call to the Nigerian Bar: 14 February, 2012 at page 5.

    5 Soha F Turfler

    A Model Definition of the Practice of Law: If Not Now, When? An Alternative Approach To Defining the Practice of Law

    – Volume 61, Issue 4, Article 13, Washington and Lee Law Review. 9/1/2004.

    6 See generally, Idornigie, P O

    ‘Training to Become a Lawyer in Nigeria

    ’ being a Chapter Contribution to the book

    The Anatomy of the Legal P

    rofession in Nigeria

    published by the Nigerian Institute of Advanced Legal Studies, 2013

    7 The words

    ‘lawyer

    ’ and

    ‘legal practitioner

    ’ are used interchangeably. Indeed in the Legal Practitioners Act the word used and defined is

    ‘legal practitioner

    ’ while Rule 56 of the Rules of Professional Conduct for Legal Practitioners, 2007 defines the word

    ‘lawyer

    ’ by reference to the definition in the Act.

    8 Ordinance No 4 of 1876.

    9 These include experienced court clerks

    10 See Supreme Court Ordinance No. 4 of 1876 that granted powers to the Chief Justice to admit persons to so practice.

    11 Gray

    ’s Inn, Inner Temple, Lincoln

    ’s Inn and Middle Temple.

    12 He was enrolled in England as Barrister in November 1879 and in Nigeria on 11 August, 1880. He set up practice first in Accra which was then part of the Southern Protectorate of Nigeria and then Lagos. He practised among self-taught attorneys. Thereafter there were few legal practitioners who established practice in Lagos, Calabar, Onitsha and Warri as sole practitioners.

    13 Adewoye Fn 20 at 16

    14 Doherty Fn 20 at 7

    15 Ordinance No. 6 of 1914

    16 A qualified lawyer may either be a non-graduate barrister or solicitor or a graduate barrister or solicitor. To qualify as barrister or solicitor, a person must possess Ordinary Level or its equivalent, join any of the four Inns of Court and pass the Bar Part I and II examinations or Law Society Examinations for Part I and II respectively. The graduate lawyers enjoyed some privileges

    – a person with a law degree having a minimum of Second Class Honours is exempted from Bar/Law Society Part I examination, enjoyed enhanced salary and served shorter period of pupilage.

    17 The membership of the Committee were: E I G Unsworth (the Attorney General of the Federation), Chief F R A Williams (Attorney General, Western Nigeria), M O Ajegbo (Attorney General, Eastern Nigeria), G K O Amachree (Solicitor General of the Federation), I M Lewis (Solicitor General, Northern Nigeria) and the following legal practitioners: Alhaji Jibrin Martin, C A H Obafemi, Asuquo Okon, J M Udochi, Dr F A Ajayi and C O Nwokedi.

    18 In 1962, one campus was established in Lagos but the Nigerian Law School now has campuses in Lagos, Abuja, Kano, Enugu, Yenogoa and Yola.

    19 Now Legal Education (Consolidation, Etc) Act, Cap L10, LFN, 2004

    20 The other enactment is the Legal Practitioners Act, Cap L11, LFN 2004.

    21

    PROBLEM OF LEGAL EDUCATION IN NIGERIA

    –

    Hon. Justice M.O. Onolaja, OFR, JCA, LLD, is the former Chairman of the Council of Legal Education

    22 1962

    23 Culled from the mynlasp

    ortal.com (the Nigerian Law School

    ’s official website) on Friday, September 27, 2013.

    24

    MODERNIZING LEGAL PRACTICE IN NIGERIA: CHALLENGES AND PROSPECTS:

    BEING THE FULL TEXT OF A PAPER DELIVERED AT THE 2013 STATE OF THE LEGAL PROFESSION LECTURE OF THE NIGERIAN INSTITUTE OF ADVANCED LEGAL STUDIES (NIALS) ON AUGUST 06, 2013 AT SHEHU MUSA YAR

    ’ADUA CENTRE, ABUJA BY

    CHIEFJOE-KYARI GADZAMA, MFR, SAN, FCIArb. (UK)

    +

     

    25 Idornigie Fn 21 at 5.

    26

    http://en.

    wikipedia.org/w/index.php?title=Bar

    Professional Training Course accessed on 18 May, 2012

    27 The ten institutions are:

    BPP Law School

    , London, BPP Law School, Leeds, University of the West of Engl

    and, Bristol, Cardiff University, Cardiff, Nottingham Trent University, Nottingham, The College of Law, London, the College of Law, Birmingham, City Law School, London, Manchester Metropolitan University, Manchester, Northumbra University, Newcastle up

    o

    n Tyne and Kaplan Law School, London

    28

    Court Dismisses Aturu’s Suit on Law School’s Fees-This Day Newspaper, October 18, 2013.

     

    29

    See Fn 25.

    30

    See Fn 25.

    31

    Supra See Fn 25.

    32

    Supra. See Fn 25.

     

  • Law firm appoints new partners

    The firm of Babalakin & Co. has announced the admission of three of its lawyers to partnership positions. They are Mobolaji Olusegun Kuti, Oluseun Adeniyi Awonuga and Kehinde Adeyemi Daodu.

    According to a release by the firm Kuti attended the Obafemi Awolowo University, Ile-Ife, Osun State, Nigeria where he obtained an LL.B (Hons). Second Class (Upper Division), in his class in 1988. He attended the Nigerian Law School where he made a Second Class (Upper Division) and was called  to the Nigerian Bar in 1989.

    Awonuga attended the University of Ibadan, Nigeria where he obtained an LL.B Hons. in 2001 and was admitted to the Nigerian Bar in 2003. He joined the firm in 2006.

    Kehinde attended the University of Ilorin, Nigeria where he obtained an LL.B Hons in 2001 and was admitted to the Nigerian Bar in 2003.

     

  • Journalists and the law

    Freedom of the press, if it means anything at all, means the freedom to criticise and oppose”—George Orwell.

    Society and reporting are like a man and his shadow. The society needs a reporter, not for what he is, but for what he does. What he does is providing information, thereby creating knowledge. Knowledge is power, and journalism, through its activities, provides it.

    Every democratic society creates a conducive atmosphere for the practice of journalism through enactment of relevant laws. These laws are known as “press laws”. Section 39, sub-section 1 and 2, of the 1999 Constitution of Nigeria, states that “…every person shall be entitled to freedom of expression including to hold opinion and to receive and impart ideas and information without interference” and that “…every person shall be entitled to own, establish and operate a medium for information dissemination of information, ideas and opinion”. It is no doubt that these laws only exist on paper. The execution of these laws is a mirage. Over the years, a lot of journalists have suffered countless persecutions from both the government and individuals.

    These persecutions could take the form of kidnapping of journalists or outright killing. What is disturbing is that the perpetrators do not seem to recognise the distinction between an “aspiring reporter” and a “professional reporter. Once you publish a report considered pejorative, you might just be up for possible persecution.

    This reminds me of the plight of Emeka Onwudinjo, a second-year student of Mass Communication, Federal Polytechnic, Oko, Anambra State, who was recently expelled from school as a result of practising his desired profession—journalism.

    As I stumbled on the story in Daily Sun newspaper tagged: “Okopoly expels student for reporting news”, I couldn’t help but ask: what future does journalism hold for us in our country? How free are we in expressing our opinions?

    Is it a failed career for some endangered species? If all pleas by Emeka for the Rector, Prof Godwin Onu, to rescind his stance concerning the situation fail, it could mark the end of his dreams as a journalist. Even if he surmounts the courage to continue, the flame of journalism in him may have been reduced to a flicker. He will be daunted, and the tendency to approach journalism with fear would creep in. This gruesome decision can hinder the desire of other ardent young reporters in our country. Why should a student report factual stories and end up being battered or assaulted?

    Emeka’s case is one of many in the trajectory of reporters, who have borne the cross of reporting since the history of journalism in Nigeria. A part from Dele Giwa and others of his time, some pen pushers have lost their lives practicing the profession, including Sunday Gyang Bwede and Nathan S. Dabak both of The Light Bearer; Bayo Ohu, Chinedu Offaro and Tunde Oladepo of The Guardian; Samson Boyi, The Scope; Sam Nimfa Jan, Details; Okezie Amaruben, News Service; Emenche Akogwu, Channels TV; Zakariya Isa, NTA; Ikechukwu Udendu, Anambra News; Nasok Sallah, Highland FM; Edo Sule Ugbadgwu, The Nation; Ephraim Audu, Nasarawa State Broadcasting Service; Baguda Kaltho, The News; Bolade Fasasi, National Association of Women Journalists; Godwin Agbroko and Paul Abayomi Ogundeji both of ThisDay.

    To prevent more deaths, arrests, assaults, battery, and unjustified accusation of journalists, enforcement of press laws should be treated with a sense of duty. The complete execution of the stipulated laws protecting the press should be effected.

     

    Desmond, 200-Level Mass Comm., UNN