Only last week, some 5725 new wigs or fresh lawyers were called to the Bar by the Body of Benchers. Congratulations to the freshly minted lawyers because no matter the chain of law degrees a person may have, if he has not been formally and duly admitted to the Bar by the Body of Benchers, he cannot practice law in Nigeria. In the case of DANKWAMBO V ABUBAKAR & ORS (2015) LPELR-25716(SC) (Pp. 75-76 paras. E), the Supreme Court, per Okoro JSC, restated the condition for a person to be qualified to practice as a legal practitioner in Nigeria thus-
In the Legal Profession, apart from a University Law Degree, a person seeking to practice law as a legal practitioner in Nigeria must proceed to the Law School, pass the qualifying examinations and be called to the Bar. Both the Bar Examinations, and Call to Bar are issued Certificates. Apart from that, by Section 2(1) of the Legal Practitioners Act alluded to above such a person must be enrolled in the Register of Legal Practitioners at the Supreme Court. All these steps are taken to avoid identity theft, ward off quacks and make sure that the profession is not hijacked by “fake” lawyers.
The principle in this judgment was followed in SAHARA REPORTER & ANOR V SARAKI (2018) LPELR-49738(CA) (Pp. 32-33 paras. E). In ATAKE V AFEJUKU (1994) LPELR-585(SC) (Pp. 20 paras. C), Belgore, JSC held as follows- “Who is a legal practitioner? He is that person that has been called to the Bar to practice as a Barrister and Solicitor of the Supreme Court of Nigeria as provided in section 2(1), (2), (3) and (4) of Legal Practitioners Act.”
Doubtlessly, the call to the Bar ceremonies were epic proud moments for the new wigs. It also provided joint and several bragging rights for their parents, guardians, friends and well-wishers.
Naturally, the successful Call to the Bar ceremonies must have sent shock waves through the spines of those who do not wish the new lawyers well. This is true, indubitable and unassailable. Not everyone will be or is happy for your success or attainment. Besides, members of the legal profession are not the most loved across the globe. Undoubtedly, the fact that legal practitioners pride themselves as members of the learned and honourable profession, notwithstanding, the truth is that not a few see them in that light. According to Jonathan Swift, in his GULLIVER’S TRAVEL, lawyers are – ‘A society of men bred up from their youth in the art of proving by words multiplied for the purpose that white is black and that black is white according as they are paid.”
The prejudice against the legal profession is undoubtedly age-long. In NIEMOGHA & ANOR V ORUBAYI (2015) LPELR-24526(CA) (Pp. 17-19 paras. A-A), Saulawa, JCA, recalled the ever-echoing dialogue between Jesus Christ and the Pharisees as recorded in Luke 11:43-46 (New International Version) thus-
43 Woe to you Pharisees, because you love the most important seats in the synagogues and respectful greetings in the marketplaces.
44 Woe to you, because you are like unmarked graves, which people walk over without knowing it.”
45 One of the experts in the law answered him, ‘Teacher, when you say these things, you insult us also.’
46 Jesus replied, ‘And you experts in the law, woe to you, because you load people down with burdens they can hardly carry, and you yourselves will not lift one finger to help them.
Hate lawyers or love them, in Nigeria, the importance of legal the profession cannot be overemphasised. Under section 6 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the judicial powers of the country and different States are vested in the judiciary. Of all the constitutionally recognised three arms of government, legislature (section 4), executive (section 5) and judiciary (section 6), one of the three arms being the judiciary is reserved exclusively to Judges. Of course, you have to be a lawyer first before being appointed a Judge.
Furthermore, the occupant of the office of Honourable Attorney-General, whether of State or Federation must be a lawyer. Under section 150(1), there shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation while under section 195(1), there shall be an Attorney-General for each State who shall be the Chief Law Officer of the State and Commissioner for Justice of the Government of that State. It is highly doubtful if any other profession enjoys this elevated constitutional recognition. Among other things, these peculiar exclusive responsibilities entrusted on members of the Bench and Bar underscore the high premium placed on the role of the legal profession in nation building.
Away from the frills and thrills, it is debatable whether this is the best time to be a lawyer in Nigeria. Nigeria as a country is today at cross roads. Nigeria is home of over 133 million or 63 per cent of the population were adjudged to be multidimensionally poor. With deepening economic crises fueled by unprecedented corruption, widening inequalities, increasing intercommunal conflicts, threats of secession, insurgency and other forms of criminality, it is clear that Nigeria is facing daunting challenges. Perhaps no other profession has the potential to really impact on national development and transformation as the legal profession.
Furthermore, the entry of the new wigs into the legal profession at a time when the public image and perception of the legal profession (meaning Bench and Bar) in Nigeria is very low and battered gives cause for concern. The legal profession which prides itself as promoters of rule of law and last hope of the common man has, by the transgressions of a few, transmogrified to enablers of injustice, oppressors of the common man and the weakest link in the chain of democracy. This is sad but there are still many fearless, courageous, hardworking and impartial Judges but the few indolent, corrupt and corruptible few amongst them have bespattered the face of the judiciary with contempt, opprobrium and derision. Likewise, there are still many hardworking, ethically aligned and professionally compliant lawyers but the pettifoggers and crooked few within have dented the image of the once noble profession. As we welcome our colleagues to the Bar, it is only compelling to insist that they must not unlearn their learnedness. Having been found fit and proper persons as conditions precedent for their call to the Bar, the new wigs must strive to remain ethical lawyers and integrity driven.
As the new wigs are highly being welcomed to the Bar, they are prevailed upon to help make the visible difference and not to further lower the guard. By their recent call to the Bar, the new wigs are expected to join the umbrella body of legal practitioners in Nigeria, the Nigerian Bar Association (otherwise called the “NBA”) through branches. The NBA is reputed to be Nigeria’s foremost and oldest professional membership organisation and Africa’s most influential network of legal practitioners with 129 active branches across the 36 States and the Federal Capital Territory of Nigeria.
The motto of the NBA is “Promoting the Rule of Law”. This motto of the NBA is at heart of securing security, ensuring human rights, fundamental freedoms, due process, constitutionalism, transparency, accountability, good governance, development and prosperity. A lawyer’s skills in a variety of fields of legal knowledge places him uniquely in a position to understand and impact positively in various spheres of national development and guaranty the security of citizens and the prosperity of the country. To this end, new wigs must focus on meeting the new challenges of globalization, creating new opportunities and preparing the economy for greater investment and wealth creation.
As the new wigs already know, the legal profession is a regulated profession. Every lawyer called to the Nigerian Bar is bound by the Rules of Professional Conduct which emphasise core values of integrity and ethical lawyering. All lawyers know that erring lawyers are liable to be shown the way out of the profession by the Legal Practitioners’ Disciplinary Committee of the Body of Benchers.
It only remains to remind the reading public that the name of an ethically deficit or integrity challenged legal practitioner may be struck off the roll upon the successful complaint of a complainant who feels aggrieved by the conduct of a lawyer.
In LPC v ABUAH (1962) LPELR-25045(SC) (Pp. 8-9 paras. C), the Supreme Court, per Ademola JSC, instructively stated as follows:
Legal Practitioners are officers of the Court. It is our bounden duty to see that officers of the Court are men of integrity who should be trusted not only by the Court but also by the public for whom they act. We are in this respect carrying out a sacred duty by acting as judges of their conduct. By enrolling them we present them to the public as men the public can with confidence employ to carry out the duties and responsibilities appertaining to their all -important office. We therefore owe it to the public to see that members of the public are not exposed to risks in their dealings with these men. No one is more aware of the fact than this Court that not all cases of misconduct do find their ways to the Legal Practitioners Committee to be dealt with for misconduct, but wherever they are brought to the notice of this Court, we must do our duty. And this is not only in respect of cases like the present where the misconduct had been connected with the profession of the legal practitioner but also in cases where the conduct, though not so connected, is such as to make it obvious to us that the legal practitioner is no longer a fit and proper person and not of sufficient respectability to be entrusted with the duties which the honourable profession demands from its members and with which it enjoins them. We do not say that striking off the rolls should follow all cases of legal practitioners who have been convicted of criminal offences. Much will depend upon the nature of the crime. There may be cases deserving only a suspension from practice for a fixed period or for which a reprimand would be a suitable and adequate.
Enough said. A word is usually enough for the wise.
A new normal is possible!
Prof Obiaraeri, N. O.
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