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The Legal Framework, Powers, Functions and composition of regulatory & Controlling bodies & Organs of the Legal Profession


Regulatory & controlling bodies & organs of the legal profession are statutorily established and responsible for the regulation of activities of legal practitioners in Nigeria. These bodies include; the General Council of the Bar, the Body of Benchers, the Nigerian Bar Association, the Council of Legal Education, the Legal Practitioners Disciplinary Committee, the Legal Practitioners Privileges Committee, the National Judicial Council, the Federal Judicial Service Commission, the State Judicial Service Commission, the Judicial Service Committee of the Federal Capital Territory and the Legal Practitioners Remuneration Committee. We shall briefly consider the legal framework, powers, functions and composition of each of these controlling and regulatory bodies.

a.        The General Council of the Bar

The General Council of the Bar is established by section 1 (1) of the Legal Practitioners Act.

The membership of the General Council of the Bar consists of:
i.             the Attorney-General of the Federation who is the President of the Council,
ii.           the Attorney-Generals of the States,
iii.          20 Legal Practitioners nominated by the Nigerian Bar Association, seven of whom shall not be less than 10 years standing at the bar.
The quorum for the meeting of the General Council of the Bar shall be 8 members.
The functions of the General Council of the Bar are:
i.             Making and reviewing of the Rules of Professional Conduct and
ii.           Making of the Rules of Accounts to be kept by legal practitioners with the approval of the Attorney-General of the Federation – see section 20(1) & (2) of the Legal Practitioners Act.
  
b.        Body of Benchers

The Body of Benchers is established by section 3(1) of the Legal Practitioners (Amendment) Act as a body of legal practitioners of the highest distinction in the legal profession in Nigeria with the responsibility for the formal call to the Bar of persons seeking to become legal practitioners. Indeed, an aspirant to the Bar must be sponsored by 2 members of the Body of Benchers before such a person can be called to the Nigerian Bar.

The Body of Benchers is a body corporate with perpetual succession and a common seal. It is a juristic person that can sue and be sued in its own name.

The members of the Body of Benchers consist of the following:

i.         Chief Justice of Nigeria (Honourable Justice Mahmoud Muhammad) and all Justices of the Supreme Court;
ii.        The President of the Court of Appeal
iii.       The Attorney-General of the Federation
iv.       The Presiding Justices of Court of Appeal Divisions
v.        The Chief Judge of the Federal High Court
vi.       The Chief Judge of the High Court of the Federal Capital Territory
vii.      The Chief Judges of the States of the Federation
viii.    The Attorneys-General of the all the States of the Federation
ix.      The President of the Nigerian Bar Association
x.        The Chairman of the Council of Legal Education
xi.      30 legal practitioners nominated by the Nigerian Bar Association
xii.     And such number of persons, not exceeding 10, who appear to the Body of Benchers to be eminent members of the legal profession in Nigeria of not less than 15 years post-call standing.

A person may cease to be a member of the Body of Benchers if:

i.             he or she resigns voluntarily or
ii.           if he ceases to hold the office by virtue of which he was appointed or
iii.          if he is removed for misconduct or other sufficient ground.

The Body of Benchers may by regulations provide for an increase in their membership, conferment of life membership on members, tenure of office of members, appointment of honorary members and the composition and quorum for their meetings.

The quorum for meeting of the Body of Benchers shall be 10 members. Please note that not all judges are members of the Body of Benchers.

There 2 types of Life Benchers of the Body of Benchers:

i.             Statutory Life Benchers – the statutory life bencher privilege is statutorily and automatically conferred on a Chief Justice of Nigeria and continues even after the Chief Justice of Nigeria retires.
ii.           Appointed Life Benchers – these are members who are appointed as life benchers by the Body of Benchers from among themselves.

Rights and Privileges of Life Benchers

A life bencher has the following rights and privileges:

i.         Exclusive right to sit in Inner Bar, or where there are no such facilities for an inner Bar in a court room; he shall sit on the front row of seats available for legal practitioners in such courtroom.

ii.        Right to mention any motion in which he is appearing or any other cause or matter which slated for Mention only and not for hearing out of turn on Cause List.

Functions of the Body of Benchers

The functions of the Body of Benchers include:

i.         Exercise of disciplinary jurisdiction over members of the legal profession;
ii.        Formal Call to Bar of persons seeking to becomes Legal Practitioners;
iii.       Issuance of Certificate of Call to Bar to new wigs);
iv.       Prescription of the number of dinning terms which an aspirant to the Bar shall keep before he is qualified for Call to Bar;
v.        Exercise of disciplinary jurisdiction over students seeking to become members of the Legal Profession, thus ensuring that aspirants are of good character.
vi.       Sponsorship of aspirants to the Bar;
vii.      Prescription of Call Fees to be paid by aspirants to the Bar;
viii.    Taking all measures, whether by way of regulations or otherwise, which appear to the Body, necessary or expedient for maintaining at all times the traditional values of the profession;
ix.      Appointment of Caretaker Committee to run affairs of the NBA where circumstances demand; and
x.        Maintenance of the traditional values of the profession

c.        The Nigeria Bar Association
The Nigerian Bar Association is an association of all legal practitioners in Nigeria, which enjoins perpetual succession; but, is not a juristic personality. Membership is automatic upon enrolment at the Supreme Court of Nigeria, after Call to Bar.

Practicing fees must be paid latest by 31st of March each year. Amount to be paid depends on the number of years at the Bar. If a person is called to Bar after this date (31st March), then such a person must pay practising fee within one month after Call to Bar.

Functions of the Nigerian Bar Association

The functions of the Nigerian Bar Association are:
(i)          The maintenance of an independent and honourable Bar and its integrity;
(ii)        The promotion of good relations among members of the Bar
(iii)       The promotion of legal education;
(iv)       The better administration of justice;
(v)         The promotion of law reform;
(vi)       The maintenance of the highest standards of professional conduct, etiquette and discipline;
(vii)     The encouragement and protection of the public right of access to the courts;
(viii)    The promotion of the rule of law;
(ix)      The protection of fundamental liberties and the independence of the judiciary;
(x)        The promotion and aiding of both newly qualified and incapacitated and aged members of the Association.
(xi)      The keeping of a database of lawyers and law offices;
(xii)     The investigation of complaints against legal practitioners and referral to the LPDC if satisfied that a prima facie case has been established
(xiii)   The performance of various advisory functions to various governmental agencies.
The Association's day-to-day affairs are managed by the National Executive Committee (made up of elected officials and local representatives) supported by other standing and ad-hoc committees while the General Conference exercises over-riding powers.
The local branches of the Association cater for the immediate interests of members at the local level and represent them at the National Executive Committee. The NBA has representatives in all other governing bodies of the legal profession and actively participates in decision-making. Every enrolled legal practitioner is qualified to be a member; however membership is not compulsory.
The substance of the body is provided for by the Legal Practitioners Act which stipulates that a legal practitioner shall pay a practicing fee before being given a right of audience in court. The Chief Registrar of the Supreme Court is mandated to pay over to the Nigerian Bar Association, 90% of the practicing fees collected each year from legal practitioners. See section 8(2) of the Legal Practitioners Act.
Rule 10 of the Rules of Professional Conduct for Legal Practitioners 2007 mandates that all legal documents signed by legal practitioners must have the seal and stamp of the Nigerian Bar Association.
Rule 13 of the Rules of Professional Conduct for Legal Practitioners 2007 provide that every person who sets up private legal practice either alone or in association or partnership with another or others shall not later than Thirty (30) days after commencement of such legal practice and if he continuous to carry on the practice deliver a notice in the prescribed form to the Branch of Nigerian Bar Association where the law office is.
National Officers of the Nigerian Bar Association
The national officers of the Nigerian Bar Association elected by members financially up-to-date are:
i.             President
ii.           First Vice President
iii.          Second Vice President
iv.          Third Vice President
v.            General Secretary
vi.          First Assistant Secretary
vii.        Second Assistant Secretary
viii.       Treasurer
ix.         Financial Secretary
x.           Publicity Secretary

d.        Council of Legal Education

The Council of Legal Education was set up by the Legal Education Act of 1962 pursuant to the recommendations of the Unsworth Committee. The Council of Legal Education is the body primarily responsible for the education of persons aspiring to the legal profession in Nigeria. It is the Proprietor of the Nigerian Law School. It is the body that set up and manages the institution.

The Chairman of the Council of Legal Education stays in office for 4 years and can be reappointed for another 4 years. The same condition applies to all other members of the office.

Membership of the Council of Legal Education

The Council of Legal Education consists of the following members:

i.             A Chairman appointed by the President of the Federal Republic of Nigeria on the recommendation of the Attorney-General of the Federation.
ii.           Attorneys-General of States or the Solicitor General where there is no Attorney General.
iii.          A representative of the Federal Ministry of Justice to be appointed by Attorney General of the Federation.
iv.          President of the Nigerian Bar Association.
v.            The Heads (Deans) of Faculties of Law of recognised universities in Nigeria whose course of legal studies is approved by the Council as sufficient for admission to the Nigerian Law School.
vi.          15 legal practitioners of not less than 10 years post call standing who shall be selected or elected by the Nigerian Bar Association (NBA).
vii.        The Director-General of the Nigerian Law School
viii.       2 authors of published learned works in the field of law, to be appointed by the Attorney-General of the Federation.

Please note that the Attorney General of the Federation is NOT a member of the Council of Legal Education.

Functions of the Council of Legal Education

The functions of the Council of Legal Education are:

i.             Responsible for legal education & professional training of aspirants to the bar as well as discipline of aspirants.
ii.           Responsible for accreditation of Law Faculties & training at Nigerian Law School.
iii.          Responsible for issuing a qualifying certificate to any Nigerian that successfully completes an academic year of practical training in the Nigerian Law School.
iv.          Responsible for continuing legal education (note that the Nigerian Bar Association (NBA) is also responsible for this, see Rule 11 of the Rules of Professional Conduct. This is mandatory for law professionals, examples include: workshops/sessions at the NBA Conference. Also, Rule 11(4) of the Rules of Professional Conduct provides that the required credit hours for every year are: 24 hours for Legal Practitioners of less than 5yrs post call; 18 hours for Legal Practitioners of less than 10yrs post call but more than 5yrs post call; and 12 hours for Legal Practitioners of above 10yrs post call).
v.            Incidental powers to do such other things – for purposes of performing its functions e.g. prescribing good conduct for aspirants to the Nigerian Law School & conditions for admission into the law school.

Appointment as Director General of the Nigerian Law School

A person may be appointed as Director-General of the Nigerian Law School where he satisfies one of the following conditions:

i.         He is the holder or a former holder of the office of a Professor in a Faculty of Law in a Nigerian University; or
ii.        He is qualified for appointment as a Professor in a Faculty of Law in a Nigerian University; or
iii.       He is a legal practitioner who has on or before the date of his application been in active practice for not less than 10yrs

e.           Legal Practitioners Disciplinary Committee

This is a committee of the Body of Benchers. The Committee was established by section 10(1) of the Legal Practitioners Act 1962. The Legal Practitioners Disciplinary Committee is a committee of the Body of Benchers that have the responsibility of determining and considering charges brought against legal practitioners in Nigeria who have misbehaved in their capacity as legal practitioners.

Membership of the Legal Practitioners Disciplinary Committee

The members of the Legal Practitioners Disciplinary Committee include:

i.             A Chairman who shall not be either the Chief Justice of Nigeria or a Justice of the Supreme Court,
ii.           the President of the Court of Appeal and one Justice of the Court of Appeal,
iii.          two Chief Judges, these may be that of States or the Federal Capital Territory,
iv.          two Attorney Generals one of whom may be the Attorney General of the Federation and the Attorney General of a State or two Attorneys General of states,
v.            four members of the Nigerian Bar Association who are in no way concerned or connected with the investigation of a complaint or a decision by the Association to lay a complaint against a legal practitioners before the Committee.

Functions of the Legal Practitioners Disciplinary Committee

The functions of the Legal Practitioners Disciplinary Committee include:

i.             Consideration and determination of complaints brought against legal practitioners; example, lawyer converting client’s money for personal needs; use of certificate of occupancy in their possession for their own personal needs, etc;
ii.           Giving of directions to the Registrar of the Supreme Court as to the punishment to be given to a legal practitioner who has been found guilty of professional misconduct; for instance, one of the punishment is the striking-out of the names of legal practitioner or suspension from practice.
iii.          Restoration of names which have been struck off (this happens in rear circumstances where the person has shown remorse and lived a clean life for many years), or cancellation of a suspension of practice – see section 14(1)(b) of the Legal Practitioners Act.

f.           Legal Practitioners Privileges Committee

The Legal Practitioners Privileges Committee was established by the section 5(3) Legal Practitioners Act (As Amended).

Membership of the Legal Practitioners Privileges Committee

The members of the Legal Practitioners Privileges Committee include:

                             i.                the Chief Justice of Nigeria who shall be the Chairman,
                           ii.                the Attorney General of the Federation,
                          iii.                one Justice of the Supreme Court,
                          iv.                the President of the Court of Appeal,
                            v.                Five Chief Judges of States,
                          vi.                the Chief Judge of the Federal High Court,
                        vii.                Five Legal Practitioners who are Senior Advocates of Nigeria.

The Chief Justice of Nigeria who is the Chairman of the Committee is responsible for the appointment of some members of the Committee in consultation with the Attorney General of the Federation.

Functions of the Legal Practitioners Privileges Committee

The functions of the Legal Practitioners Privileges Committee include:

i.             Conferment of the rank of Senior Advocate of Nigeria on deserving legal practitioners in Nigeria
ii.           Making of rules relating to Senior Advocates of Nigeria, with the approval of the Body of Benchers, in the following areas:

                                             i.                the restrictions on the rights of Senior Advocates of Nigeria to practice.
                                           ii.                the privileges to be accorded to the Senior Advocates of Nigeria,
                                          iii.                Ensuring the dignity of the rank of the Senior Advocates of Nigeria,
                                          iv.                the mode of appearance before the Courts by Senior Advocates of Nigeria

iii.          withdrawal of the rank of Senior Advocates of Nigeria from a holder either absolutely or for a short period of time.

Guidelines for Conferment of Senior Advocates of Nigeria 2013

The Guidelines for Conferment of Senior Advocates of Nigeria 2013 replaced the 2011 Guidelines. According to the current guidelines:

i.             the award of the rank of Senior Advocates of Nigeria is strictly on merit. An unsuccessful applicant shall be informed as to the reason for his failure to qualify, where he complains; he can refer the complaint to an Independent Complaints Committee.

ii.           the Conditions for the award of the rank of Senior Advocates of Nigeria are:

(i)          10 years post call,
(ii)        must have been actively practising as an advocate in Nigeria for 10years before application,
(iii)       Pay a non-refundable processing fee (was N300,000 last year),
(iv)       must cite at least 17 contested cases handled of which at least 3 is in the Supreme Court, 6 in the Court of Appeal, and 8 occurred in the High Court. Citations of the law reports should be given or the Certified True Copy if the case is unreported.
(v)         It should be manifest from such cases that the applicant himself has conducted the cases from the High Court up to the Supreme Court. Where however, the applicant is relying on cases he only handled at the Supreme Court, he should cite six (6) judgments of the Supreme Court.
(vi)       The applicant is required to additionally provide particulars of recent cases that demonstrate that he is currently engaged in active full time current legal practice and that he abreast with current developments in the field of law.

In determining 'active full time current legal practice' and in addition to such inquiry as it considers necessary, the Legal Practitioners Privileges Committee may consult:

(a)        The Chief Judge of the State where the candidate has his main law office; and
(b)        The Local Branch of the Nigerian Bar Association.

(vii)     The candidate must be of good character and must have no pending disciplinary case or complaint relating to professional misconduct against him.

A candidate shall be considered ineligible if in the opinion of the Legal Practitioners Privileges Committee the candidate is adjudged to be of the following disposition:

(a)        bad behaviour, whether in or out of court; poor temperament or propensity to insult or assault people or cause them harm or put them in state of fear of bodily harm;
(b)        indulgence in drug, alcoholic or other similar substances of addiction;
(c)        evidence of moral depravity or other socially unacceptable behaviour;
(d)        abuse of legal trust such as embezzlement or mismanagement of client's funds;
(e)        indulgence in blatant self-seeking praise or advertisement through sponsored (directly or indirectly) songs by musicians, records or tapes or other media such as print or electronic media; and
(f)        touting for briefs or engaging in any form of canvassing for cases.

(viii)    In general terms a candidate must:

(a)        demonstrate high professional and personal integrity;
(b)        be honest and straightforward in all his professional/personal dealings;
(c)        be of good character and reputation;
(d)        be candid with clients and professional colleagues;
(e)        A candidate must have sound knowledge of the law and demonstrable excellence in skills as an advocate with clear ability to use such knowledge for the advancement of the administration of Justice.
(f)        A candidate for the rank of Senior Advocate should demonstrate tangible contribution to the development of the law through case law or publications in recognised journals or scholarly presentation at national or international conferences considered by the Legal Practitioners Privileges Committee as of particular significance.
(g)        A candidate should demonstrate clear qualities of leadership and loyalty to the legal profession. He must have paid consistently as and when due his practicing fees and membership dues to the local branch in the last 10 years preceding his application and is involved in the provision of pro bono legal services to indigent clients or some form of community service. He must present evidence of income tax payment paid as and when due for a period of 3 years preceding the application.
(h)        A candidate should have or be a partner in chambers considered by the Legal Practitioners Privileges Committee to have good and up to date facilities including a good quality law library with good working environment. There must be at least five full time junior legal practitioners and other paralegal or support staff in full time salaried employment.

Summarily, a candidate must have contributed immensely to the development of law, have a standard of your law office and library, have at least 5 full time junior legal practitioners, must have paid practising fees on time, have at least 10 years post call; show evidence of pro bono cases handled (latter is a new requirement).

It must be noted that the Legal Practitioners Privileges Committee may in appropriate circumstances, appoint an academic who has distinguished himself and has made substantial contribution to legal scholarship and jurisprudence through teaching, research and published works in any Nigerian University, Research Institute, Nigerian Law School and other recognised institutions. An applicant for the award of Senior Advocate of Nigeria under this category shall furnish at least 20 copies of his published works to the Legal Practitioners Privileges Committee.

Privileges of a Senior Advocate of Nigeria

These are contained in section 5(7) Senior Advocates of Nigeria (Privileges and Functions) Rules 1979. They include:

i.             The exclusive right to sit in the Inner Bar or where there are no faculties for the Inner Bar on the first row of the seats available for legal practitioners;
ii.           The right to mention any cause or matter listed for mention and not for hearing, and any motion in which he is appearing, out of its turn on the cause list for the day; and
iii.          The privileges of wearing silk gowns.


g.           National Judicial Council

The National Judicial Council is established under section 153(i) of the 1999 Constitution.

Membership of the National Judicial Council

The National Judicial Council is composed of the following members:

(a)        the Chief Justice of Nigeria who shall be the Chairman
(b)        the Next most senior Justice of the Supreme Court who shall be the Deputy Chairman
(c)        President of the Court of Appeal
(d)        5 retired Justices of the Supreme Court or Court of Appeal selected by the Chief Justice of Nigeria
(e)        Chief Judge of the Federal High Court
(f)        President of the National Industrial Court
(g)        5 Chief Judges of States to be appointed by the Chief Justice of Nigeria in rotation to serve for 2yrs
(h)        1 Grand Kadi of the Sharia Court of Appeal to be appointed by Chief Justice of Nigeria to serve in rotation for 2yrs
(i)          1 President of the Customary Court of Appeal to be appointed by Chief Justice of Nigeria to serve in rotation for 2yrs
(j)         5 members of the NBA of not less than 15yrs post call and at least 1 of them must be a SAN
(k)        2 persons who in the opinion of the CJN are of unquestionable integrity (must not necessarily be legal professionals)

Functions of the National Judicial Council

The National Judicial Council has the power to perform the following functions:

i.             Recommendation of persons for appointment as judicial officers to the President and Governors of the states as the case may be;
ii.           Recommendation of Persons for removal as judicial officers to the President and Governors of the states as the case may be
iii.          Exercise of disciplinary powers over all judiciary officers in the country; and
iv.          Deal with such matters relating to broad issues of policy and administration.

h.        Federal Judicial Service Commission

This is a Federal Government Institution established for the exercise of the following powers.

Functions of the Federal Judicial Service Commission

The Federal Judicial Service Commission has the power to perform the following functions:

(i)          Advise the National Judicial Council in nominating persons for appointment as:

(1)         Chief Justice of Nigeria,
(2)        Justice of the Supreme Court,
(3)        President of the Court of Appeal,
(4)        Justice of the Court of Appeal,
(5)        Chief Judge of the Federal High Court
(6)        Judge of the Federal High Court,
(7)        Chairman and Members of the Code of Conduct Tribunal.

(ii)    Recommend to the National Judicial Council, the removal from office of the above mentioned judicial officers.


Membership of the Federal Judicial Service Commission

The Federal Judicial Service Commission is comprised of the following members:

1.            Chief Justice of the Federation
2.           President of the Court of Appeal
3.           Attorney-General of the Federation
4.           Chief Judge of the Federal High Court
5.           Two persons each of whom must have qualified to practice as a legal practitioner in Nigeria for a period of not less than 15 years, from a list of not less than four (4) persons so qualified and recommended by the Nigerian Bar Association; and
6.           Two other persons, not being practitioners, who in the opinion of the President are of unquestionable integrity.

i.         Judicial Service Committee of the Federal Capital Territory Abuja.

This is a Federal Government Institution established for the exercise of the following powers.

Functions of the Judicial Service Committee of the FCT

The Judicial Service Committee of the FCT has the power to perform the following functions:

(1)         To recommend to the National Judicial Council suitable persons for nomination for appointment to the office of:

(a)        Chief Judge of the Federal Capital Territory, Abuja;
(b)        Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
(c)        President of the Customary Court of Appeal of the Federal Capital Territory Abuja;
(d)        Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
(e)        Judge of the Customary Court of Appeal of the Federal Capital Territory Abuja.

(2)        Subject to the provisions of the Constitution, to recommend to the National Judicial Council, the removal from office of the judicial officers mentioned above.

Membership of the Judicial Service Committee of the FCT

The members of the Judicial Service Committee of the FCT are:

(a)        Chief Judge of the Federal Capital Territory, Abuja
(b)        Attorney General of the Federation
(c)        Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
(d)        President of the Customary Court of Appeal of the Federal Capital Territory Abuja.
(e)        One person who is a legal practitioner and who has been qualified to practice as a legal practitioner in Nigeria for a period of not less than 12 years; and
(f)        One other person, not being a legal practitioner, who in the opinion of the President is of unquestionable character and integrity.

j.        State Judicial Service Commission

This is a State Government Institution established for the exercise of the following powers.

Functions of the State Judicial Service Commission

The State Judicial Service Commission has the power to perform the following functions:

(a)        Advise the National Judicial Council in nominating persons for appointment as:

i.             Chief Judge of a state,
ii.           Grand Kadi of the Sharia Court of Appeal of a state,
iii.          President of the Customary Court of Appeal of a State
iv.          Judges of the High Court of a State
v.            Kadis of the Sharia Court of Appeal of a State
vi.          Judges of the Customary Court of Appeal of a state

(b)        Recommend to the National Judicial Council, the removal from office of the above mentioned judicial officers.

k.        Legal Practitioners Remuneration Committee

The Legal Practitioners Remuneration Committee is established by virtue of section 15 of the Legal Practitioners Act.

Membership of the Legal Practitioners Remuneration Committee

The Legal Practitioners Remuneration Committee is made up of the following persons;

a.           The Attorney General of the Federation who is the chairman;
b.           The Attorneys-General of the various states;
c.           The President of the Nigeria Bar Association;
d.           Three legal practitioners who are members of the Nigerian Bar Association.

Functions of the Legal Practitioners Remuneration Committee


The Legal Practitioners Remuneration Committee is responsible for the making of Orders regulating the charges or remuneration of legal practitioners.


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