UNIVERSITY OF IBADAN
JOURNAL OF PUBLIC AND
INTERNATIONAL LAW
VOL. 9 ISSN 1595-7047 2019
Development o f International Law in the Era of Change
Professor Adeniyi Olatunbosun
United Nations Guiding Principles and Corporate Liability in Nigeria: The Case
of Human Rights Violations by Shell Oil Company in Ogoni Landa
Ogwezzy Michael C, Ogwezzy Oluwatosin O 31
Achieving Sustainable Development through Poverty Alleviation Programmes
using Human Rights-Based Approach in Nigeria
61
Empire Hechime Nyekwere
Desert Migration as an International Human Rights Law Issue
Nnawulezi Uche, Ph.D, Christian Kwadigo 96
Enforcement of Environmental Right as a Tool for Preventing Epidemic of
Communicable Diseases in Nigeria
108
Folashade Rose Adcgbitc
From Rehabilitation to Transformative Identities o f Prisoners under the Criminal
Justice Administration in Nigeria
Adekunbi Imosemi, Adegbemisola Adcbajo 128 )I !
Limiting the Statute o f Limitation and Agenda for Reform
Folarin Abiodun Philip 160 *
Exploring the Interface of Law and Values in African Public Service Processes
Aderonke E. Adegbite 181
Judiciary and the Governance of Nigeria's Convoluted Political Party System
Under the 1999 Constitution
Arome M. Okwori 199
Rule of Law and National Security in N igeria Political Development
Mgbeokwere, Chinenye Joy 223
The Mystery of Fatal Attraction ofTerrorism in the Oil and Gas Industry in Nigeria
Hassan I.Adebowale 260
Duties o f Legal Practitioners and Challenges of Legal Practice in Nigeria
Fagbemi S. A. 278
IBADAN UNIVERSITY LIBRARY
UNIVERSITY OF IBADAN
JOURNAL OF PUBLIC AND INTERNATIONAL LAW
Table of Contents
1. Development of International Law in the Era of Change
Professor Adeniyi Olatunbosun...........................1 - 32
2. United Nations Guiding Principles and Corporate Liability
in Nigeria: The Case o f Human Rights Violations by Shell
Oil Company in Ogoni Landa
Ogwezzy Michael C
Ogwezzy Oluwatosin O ........................... 31 - 60
3. Achieving Sustainable Development through Poverty
Alleviation Programmes using Human Rights-Based
Approach in Nigeria
Empire Hechime Nyekwere ........................... 61 - 95
4. Desert Migration as an International Human Rights Law
Issue
Nnawulezi Uche, Ph.D
Christian Nwadigo ........................... 96 - 107
5. Enforcement of Environmental Right as a Tool for
Preventing Epidemic of Communicable Diseases in Nigeria
Folashade Rose Adegbite ........................... 108 - 127
6. From Rehabilitation to Transformative Identities of
Prisoners under the Criminal Justice Administration in
Nigeria
Adekunbi Imosemi
Adegbemisola Adebajo ........................... 128 - 159
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7. Limiting the Statute of Limitation and Agenda for Reform
Folarin Abiodun Philip ........................... 160 - 180
8. Exploring the Interface of Law and Values in African Public
Service Processes
Aderonke E. Adegbite ........................... 181 - 198
9. Judiciary and the Governance of Nigeria’s Convoluted
Political Party System Under the 1999 Constitution
Arome M. Okwori ........................... 199 - 222
10. Rule of Law and National Security in Nigeria Political
Development
Mgbeokwere, Chinenye Joy ........................... 223 - 259
11. The Mystery of Fatal Attraction of Terrorism in the Oil and
Gas Industry in Nigeria
Hassan I. Adebowale ........................... 260 - 277
12. Duties of Legal Practitioners and Challenges of Legal
Practice in Nigeria
Fagbemi S. A. Ph.D ........................... 278 - 311
VI
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Duties o f Legal Practitioners and Challenges of Legal
Practice in Nigeria
Fagbemi S. A. Ph.D*
Abstract
The thrust of this paper is to appraise the duties of legal
practitioner and various challenges confronting legal
practice in Nigeria. The pertinent questions which this
paper seeks to interrogate are: What is the origin of legal
profession in Nigeria? What are the duties and
responsibilities of legal practitioners in the society? What
is the code of ethics for legal practitioners? What are
various challenges confronting legal practice in Nigeria?
To resolve these questions, the paper traces the evolution
of legal profession in Nigeria. The paper highlights various
duties of legal practitioner to his clients and various
challenges confronting legal practice in general. The paper
concludes with a recommendation among others that a
legal practitioner must keep abreast of ethical principles
and be creative in the application of his knowledge of legal
principles to solve legal issues and real life problems
professionally.
Keywords: Appraisal, Duties, Legal Practitioner,
Challenges and Legal Practice.
1. Introduction
A legal practitioner is a person who through a regular program of
study is learned in legal matters and has been licensed to practice his
or her profession. In the United States of America, a legal practitioner
is any qualified person who prosecutes or defends cases in courts of
Senior Lecturer, Department of Public Law, Faculty of Law, University
of Ibadan, Ibadan, Nigeria. Email: sakinfaabemilaw@nmail.com
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record or other judicial tribunals.1 In Australia, a legal practitioner is
defined as one who holds a current local practicing certificate or a
current intestate practicing certificate. A person who has been
admitted to the legal profession under the Act.2 3In Nigeria, a legal
practitioner is a person whose name appears on the rolls of Legal
Practitioner kept by the Registrar of the Supreme Court.' Legal
practitioners, in Nigeria are persons entitled to practice either as a
Barrister or as Barrister and Solicitor, either generally or for the
purposes of any particular office or proceeding.4
As a consultant and advocate, the professional duties of a barrister
include: the drafting of legal opinions on issues of facts and law, the
settling of pleadings, and conducting cases in court to a logical
conclusion in accordance with the rules of procedure and evidence
while solicitors are legal practitioners who are consulted on issues,
such as, the making of wills, administration of estates, formation of
companies, drawing up of leases and conveyances, registration of land
instruments, writing of contractual agreement and similar issues.5
In the traditional English system, he is a member of the recognised
branch i.e. he may either be barrister, special pleaders not at the bar,
certified conveyancer, or solicitor.6 In the Nigerian context, a legal
practitioner is someone who has received legal education either in
1 Erwin. N. G. Law and Lawyers in the United States: The Common Law
Under Stress, (London: Stevens & Sons Limited. 1964). Chapter 3 36-
60.
2 See sections 5 and 6 of the Australia Legal Profession Act 2004
3 Adeniyi. A. Your Legal Practitioner’s Duties to you (YI Legal)
accessed on 11th August. 2018.
4 See the case of Oketade v Adewunnii [2010] 8 NWLR) (Pt. 1195) 74. See
further the Legal Practitioner Act, Cap LI 1. Laws of the Federation of
Nigeria 2004 section 24.
Beredugo. A. J. Nigerian Legal system, (3rd edn. Surulere: Malthouse
Limited, 2009) 215-216; Ogwezzy. M. C, ‘The Legal Practitioners Act:
A Code for Regulating the Conduct of Lawyers in Nigeria’ No. 3, (2013)
AGORA International Journal of Juridical Sciences, 108-119: 108.
6 Bryant A. G. Black's Law Dictionary. (8th ed. United States of America:
West Publishing Company, 2004) 915.
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Nigeria or abroad and has been formally admitted to the Nigerian Bar
as Barrister and Solicitor of the Supreme Court of Nigeria.7 From the
moment a lawyer is admitted into the Nigerian Bar and his name listed
in the Roll of Legal Practitioners at the Supreme Court of Nigeria, he
has a right of audience in all superior courts of record including the
Supreme Court of Nigeria.8 As a ministers in the temple of justice, a
legal practitioner shall not do any act or conduct himself in any
manner that may obstruct, delay or adversely affect the administration
of justice.9 A legal practitioner must be honest and not knowingly
conceal the truth from the court. He must realize that he owes an
allegiance to a higher cause.10
7 Fagbemi, S. A. The Roles, Prospects and Challenges of Academic
Lawyers in Legal Education in Nigeria' Vol.6 (1&2) Jan/June 2009.
Ibadan Journal of Educational Studies, 86, 89; Fagbemi, S. A. The Role
of Litigation Lawyers in Adversarial System of Justice’ Vol. 1(1) (2016)
Zambian Open University Law Journal, 149-181: 154; See also the
Legal Education (Consolidation etc.) Act, 1976. which established the
Council of Legal Education which is responsible for the legal education
of persons seeking to become members of the legal profession.
s Akinola, B. O. 'Section 12 of the Legal Practitioner’s Act Examined’
Vol. 12 (2013) Nigerian Law and Practice Journal, 94. In this paper the
words ‘counsel and ‘lawyer’ are used interchangeably for legal
practitioner.
9 In the case of Nkuma v Odili [2006] 2-3 SC. 18. The Supreme Court per
Oguntade JSC held that: “It is necessary to say here that counsel
appearing in matters before the court should see themselves first and
foremost as officers of the court and refrain from imposing on the courts
the tedium of sending it on a wild goose chase”.
10 Fagbemi, S. A. (2016) op cit 154; The expected status and roles of legal
practitioners was captured by Lord Denning in the case of Ronald v
Worselv [1967] 1 QB 443 HL. where he put the position in the following
terms: ‘As an advocate, he is Minister of Justice equally with the judge.
He has a monopoly of audience in the higher Courts. No one, save he,
can address the judge, unless it be a litigant in person. A Barrister cannot
pick and choose his clients. He is bound to accept a brief from any man
who comes before the courts, no matter how great a rascal that may be.
No matter how given to complaining, no matter how underserving or
unpopular his cause. The Barrister must defend him to the end provided
that he*is paid a proper fee....’. See further the opinion of Crampton J in
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A legal practitioner is expected to be a man of integrity, diligent,
honest, scrupulous, skilled and partisan - belief in client’s case." A
lawyer must be dedicated to his client’s case and pursue same with
vigour and conviction.1 2 Ultimately, there is need for legal
practitioners to conduct their clients’ cases competently albeit within
the stipulations of the law and the Rules of Professional Conduct for
Legal Practitioners.1' According to Bello,14 traditional regulatory
controls on the ethics of legal practice, entry to the profession,
discipline and liability for breach of fiduciary and other equitable
obligations are intended to promote the ideal of the lawyer as
adversarial advocate.
The aim of this paper is to appraise the duties of legal practitioner and
various challenges confronting legal practice in Nigeria. The pertinent
questions which the paper seeks to answer are: What is the origin of
legal profession in Nigeria? What are the duties and responsibilities of
legal practitioners in the society? What is the code of ethics for legal
practitioners? What are various challenges confronting legal practice
in Nigeria? To resolve these questions, the paper is divided into seven
the case of R v O'Connell. [1844] 71 L. R. 261 at 312-313: Ahmed, R. I.
'Management and Organisation of Law Firm in Nigeria: The Ethical
Trends and Challenges’ vol. 17(1) (2014) The Nigerian Law Journal.
213, 214; Akubo, P. A. “Setting Standards of Best Practice in the
Legal Profession as Lawyers,’ In Dr. Akin Onigbinde and Seun Ajayi
(eds). Contemporary Issues in Nigerian Legal Landscape, A
Compendium in Honour of Prince Lateef Fagbemi SAN. (Ibadan: Crown
Goldmine Communications Limited, Nigeria, 2010) 100, 141.
11 Fagbemi. S. A. (2016) op cit 155. In the case of Akomolafe v Nigeria
Exchange Insurance Co. Ltd [2000] 13 NWLR (Pt. 683) 181 SC. It was
held that: “The legal profession is an honourable profession and is
expected to be practiced by men of integrity and great honesty”.
1 - Rules of Professional Conduct for Legal Practitioners, 2007 r 14(1).
13 I hid rr 15 and 16. See also Leubsdorf, J. “Using Legal Ethics to Screw
your Enemies and Clients’ Vol. 11 (1998), Georgetown Journal of Legal
Ethics, 831,836-7.
14 See generally Bello. S. R. “Ethics and Legal Professionalism in Relation
with the Courts: A Panacea to Smooth Administration of Justice’
law> vol2.1> accessed I4lh August, 2018 at
12.43pm.
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sections. Following this introduction, the paper in section two traces
the evolution of legal profession in Nigeria. Section three examines
the duties of legal practitioners. In section four, the paper itemises the
responsibilities of legal practitioner in the society and ethics in legal
profession. Section five highlights challenges confronting legal
practice. The sixth section proposes reform to legal profession in
Nigerian while the last section concludes among other things that a
legal practitioner must keep abreast of ethical principles and be
creative in the application of his knowledge of legal principles to
resolving legal issues and real life problems professionally.
2. Evolution of Legal Profession in Nigeria
The History of legal profession and legal education dates back to the
advent of colonialism in 1860s.15 Before the introduction of English-
type court by the British Colonialist, the pre-colonial communities in
what later became Nigeria were based on simple social, political and
economic structures. There was no legal education then because there
was no need for any, disputes in traditional Nigerian communities
between individuals were resolved by traditional heads and rulers who
were by virtue of their position charged with the responsibility of
maintaining peaceful co-existence in their domains.16 17These traditional
rulers in some cases also appointed local chiefs who had no formal
training to hear disputes and hand dowm judgments.1
Colonialism had enormous socio-economic and political impact on
traditional Nigerian communities. With the introduction of English
business modules and practices, traditional dispute resolution
mechanisms became largely inadequate to meet the challenges posed
15 Onolaja, M. O. ‘Problem of Legal Education in Nigeria’ <
www.alimiandco.com>publication> p. 2, accessed 14th August, 2018 at
1.37pm; Madubuike-Ekwe, N. J. ‘Challenges and Prospect of Legal
Education in Nigeria, Vol. 8(1) (2017), Nnambi Azikiwe University
Journal of International Law and Jurisprudence, 128-139: 129-131
16 Doherty, O. Legal Practice and Management in Nigeria (London:
Cavendish. 1998) p.5.
17 Fidelis Oditah SAN. ‘Legal Practice and Economic Prosperity’, (2006),
A Keynote Address delivered at the Maiden Seminar of the Section on
Legal Practice of the Nigeria Bar Association on 18lh July, 2006, p.l.
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by increasingly international commerce and trade.18 Talking about the
impact of English business modules on legal profession, Jegede19
submitted that ‘complex commercial transactions and political
disputes emerged which were less amenable to traditional modes of
disputes resolution, thus, the principles of English common law and
equity developed by English courts were relied upon to resolve
disputes. In some cases, statutes of general application in England
became directly applicable in Nigeria or were relied upon by way of
analogy.20
Due to socio-economic and political development brought about by
colonialism, lawyers were needed to occupy judicial positions in the
English-type courts, to advise the colonial administration, to draft
agreements and to render advice generally on commercial
transactions.21 They were also needed to plead the case of litigants in
the English-type courts. However, there were very few legally
qualified persons to render these services. Given account of this era,
Adewoye22 gave the following records:
Of the seven men who served as Chief Magistrates for
Lagos between 1862 and 1905, only three had legal
qualifications. Of the remaining four, two were
“writing clerks’, one was a merchant and the fourth
was a Commander of the West Indian garrison
stationed in Lagos.
Also throughout the colonial period, there was no institution for the
formal training of lawyers in Nigeria. To fill the vacuum, the Chief
18 Ibid.
19 Jegede, J. K. ‘The Legal Profession, Our Noble Heritage’ vol. 2(1)
(1998), Nigerian Law and Practice Journal, 141-155: 142
20 Ibid
21 Doherty, 0 op cit
22 Adewoye, 0. The Judicial System in Southern Nigeria 1854-1954
(Nigeria: Longman, 1977) p.52.
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Justice was empowered23 to appoint fit and proper persons with basic
education and some knowledge of English law and practice as
attorneys. With this, court clerks who had acquired knowledge of the
rudiments of English law were appointed attorneys and granted
licence to practice for six months. Their licences were renewable at
the expiration of six months, provided they were of good behaviour.
These appointed attorneys were known as local-made Solicitors, self-
taught attorneys or Colonial Solicitors.24 These local Attorneys were
later joined by legally qualified persons who had gone overseas,
mostly Great Britain, to acquire legal education.
Between 1880, when the first Nigerian lawyer Christopher Sapara
Williams was enrolled and made his first appearance at the Supreme
Court, there was no qualified practising lawyer in Lagos.25 In general,
laymen started the practice of law in Nigeria and this was so until
1913 when the Chief Justice discontinued the issuance of practicing
licenses to non-lawyers. At the inception, about 25 overseas trained
lawyers enrolled as barristers and joined the profession. From 1913 to
1962, Nigerian lawyers received training abroad and on completion of
their study were called to the English Bar. There were, therefore,
certain apparent deficiencies in the foreign training of Nigerian
lawyers. For one, a lawyer is trained in England to become either a
Barrister or Solicitor and after qualification, he only practices in
England as such. However, once a lawyer is enrolled at the Nigerian
23 See Section 74 The Supreme Court Ordinance No.4 of !876: Order xvi r.
1, The Supreme Court (Civil Procedure) Rules 1948.
24 Doherty, O op cit.
25 Jegede. J. op cit. Although, Williams Nash Hamilton was the first lawyer
to be enrolled to practice law in Nigeria in 1886, but the man who is
generally believed and accepted to be the first Nigerian lawyer is
Christopher Sapara Williams, who was enrolled at the Supreme Court in
1888. See Yusuf Alii (SAN), “Liberalization of Legal Services:
Perspective of Nigerian Legal Practitioners and Law Firms. (2017),
being a text of paper delivered at the Annual General Conference of the
Nigeria Bar Association (NBA) held in Lagos on 23rd August, 2017 and
Njoku, H. ‘History of the Legal Profession in Nigeria’
accessed on 12th August 2018 at 1.40pm
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Supreme Court, he is entitled to practice as Barrister and Solicitor
regardless of the fact that his training was limited to only one branch
of the Profession.26 Secondly, the British trained lawyers were trained
under an Unwritten Constitution of the Westminster model and a
Unitary system of government, whilst he was expected to practice in
Nigeria with a Written Constitution and a Federal structure.2 Also,
certain peculiarities of the Nigerian legal system were not taken into
account in the training of these lawyers. They were trained based on
the English legislations and case law without regard to the local
circumstances in Nigeria. They had no knowledge of some important
aspects of Nigerian laws like Customary and Islamic Laws. Most of
them did not even take the post-call practical course or training in the
courts nor were they attached to Chambers for the mandatory
Chambers attachment.28 *
In 1959, the Government of the Federation tried to correct these
anomalies by setting up the Unsworth Committee to consider and
make recommendations for the future of legal profession in Nigeria
with particular reference to legal education, admission to practice and
the right of audience before the Courts.2" In the Committee’s report
published in October 1959. the following recommendations were
made:
1. Nigeria should establish its own system of legal education;
2!' Gower, L.C.B. Independent Africa: The Challenge of the Legal
Profession (Massachusetts: Harvard University Press, 1967) p. 108; Alii .
Y. op cit.
Hon. Justice Niki Tobi, 'Meeting the Needs of Profession and the
Nation: A View from the Bench. Nigerian Law School, Four Decades of
Service to the Legal Profession', (published by the Council of Legal
Education to commemorate the 40th Anniversary of the Nigerian Law
School Lagos.) p.73
;s To fill this vacuums, the present crops of legal practitioners that have
their training abroad are required to start their mandatory vocational
training in the Nigerian Law School from Bar Part 1.
29 Onolaja, O. op cit.
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2. A faculty of law should be established, first at the University
College, Ibadan and subsequently at any other University to
be established in future;30
3. A law school to be known as the Nigerian Law School was to
be established in Lagos to provide vocational training of legal
practitioners in the work as a Barrister and Solicitor;
4. The qualification for admission to legal practice in Nigeria
should be a degree in law of any University whose course for
the degree is recognised by the Council of Legal Education,
and the vocational course prescribed by the Council;
5. Any person graduating in law from a University, which has
not accepted the syllabus recommended by the Council of
Legal Education should be required to take such further
examination as the Council may prescribe;
6. A Council of Legal Education should be established.31
With these recommendations, the structure of legal education in
Nigeria became two-tiered: an academic stage and a professional or
vocational stage. Premised on the Unsworth Committee, the Nigeria
Law School was established to provide vocational training to legal
practitioners. It also recommended that certain subjects be taught at
the Law School which led to the enactment of the Legal Education
Act 1962 and the Legal Practitioner Act of 1962.32 The Legal
Education Act 1962 was re-enacted by the Legal Education
(Consolidation, Etc.) Act 1972 and this Act established the Council of
Legal Education which is responsible for the legal education of
30 Contrary to this recommendation, the first faculty of law in Nigeria was
established in 1961 at the University of Nigeria Nsukka. This was
followed by the University of Ife (now Obafemi Awolowo University)
Ile-Ife, the Ahmadu Bello University, Zaria and the University of Lagos,
in 1961, 1962 and 1965 respectively. From the 1970s, several
Universities were established by Federal and State Governments as well
as private organisations and individuals with most of the Universities
having law faculties
31 See the Report of the Committee on the Future of Nigerian Legal
Profession (Lagos: Federal Government Press, 1959) para.l p.l
Fidelish Oditah SAN op cit, 2
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persons seeking to become members of the legal profession in
Nigeria.33
Since the advent of the Nigerian Law School, the legal profession in
Nigeria has witnessed substantial growth and development. At first,
the Law School consisted of just one campus in Lagos but over the
years, there has been a significant increase in the number of campuses
to wit: (Abuja (Headquarters), Lagos, Enugu, Kano, Yenagoa and
Yola).34 Likewise, there are presently 55 Law Faculties within various
universities in Nigeria where students are prepared for the Nigerian
Law School.35 In addition, the number of persons being called to the
Nigerian Bar have also increased and considered very high compared
to what it used to be. Now the number of new lawyers at each Call is
in the region of 4,000 every year.36
Apart from the foregoing progress made in the development of the
legal profession in Nigeria, other innovations were made in a bid to
ensure that legal practice in Nigeria is more competitive, advanced
and up to date when viewed against what obtains in developed
countries. For instance, Legal practitioners of not less than 10 years
standing, and who have achieved distinction in the legal profession
33 Fagbemi. S. A. (Jan/June 2009) op cit 89.
34 Alii, Y. (SAN) op cit, 3,
35 See the List of Accredited/Approved Faculties of Law in Nigeria and the
Approved Quota as released by the Council of Legal Education as at 27,h
April, 2018 and
<\vw'w.nigerianlawschool.edu.ng> accessed on 15,h August, 2018 at
11.58am, For the history of Legal Education in Nigeria see further
Gadzama, ‘Modernizing Legal Practice in Nigeria’. A text of lecture
delivered at the 2013 State of the Legal Profession Lecture of the
Nigerian Institute of Advanced Legal Studies, Abuja; Gadzama, J. ‘The
Legal Profession in Nigeria After 50 Years of Legal Education: A
Critical Appraisal’
accessed on 12th December 2018 at 1.50pm.
36 Kw'aku, F. ‘What is Wrong with the Rules of Professional Conduct for
Legal Practitioners?’ (2013). Being a text of paper presented at the NBA
Academic Forum Working Session of the NBA Annual General
Conference in Calabar, Cross River State on 28 August, 2013
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may be conferred with the Rank of Senior Advocate of Nigeria (SAN)
by the Legal Practitioners Privileges Committee.37* In July, 1990, the
guidelines for the conferment of the Rank of SAN as set out by the
Chief Justice provides that all former Queen’s counsel who apply will
be conferred with the title.?s However, changes have since been made
following the guidelines released in 2007. Notable among them is that
under the 2007 guidelines, former Queen’s Counsel are no longer
automatically eligible for the conferment.39
From the foregoing, it is evident that the legal profession in Nigeria
has endured its ups and downs. Quite a number of innovations have
been made in a bid to ensure that legal practice in Nigeria remains
competitive and up to date when viewed against what obtains in other
countries of the world. Today we have in our Courts all professionally
trained and qualified practitioners in a fused profession as Solicitors
and Advocates of the Supreme Court albeit with external
paraphernalia and trappings of British justice system. In summary, we
had copied and applied the outward signs of British justice which had
all along, through many years preserved the sanctity of justice in
British Courts and had made it the envy of the world.40
3. Duties of Legal Practitioners
The relationship between legal practitioners and their clients is
fiduciary in nature. The word “ fiduciary” is coined from the “Latin”
word fiducia’ which means trust. It best describes a person who has
the power and obligation to act for another with absolute trust, good
faith and honesty. This imposes a duty on a legal practitioner to act
with utmost honesty and fairness to his client. As a result of heavy
responsibilities involved in the office of counsel, he is subject to
certain Rules of Conduct which are crucial to the proper performance
37 See Section 5 of the Legal Practitioners Act
,8 The Nigerian Law School, ‘Electronic Handbook On Professional Ethics
and Allied Matters’, p. 23-24
'y Yusuf Alii SAN op cit; Aare Afe Babalola SAN, ‘Challenges of
Nigerian Bar Association in 21st Century’, October 8, 2012,
challenges-of-nigeria-bar-association-in-21sl-
century> accessed on 10th January, 2019 at 3.10pm
40 Jegede, J. K op cit, 143.
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of his functions. These rules are known as “Rules of Professional
Conduct in the Legal Profession’*. It is the paramount duty of the Bar
to assist the Bench in the administration of justice. Legal practice
involves in a representative capacity appearing as an advocate or draw
papers, pleadings or documents, or perform any act in connection with
proceedings before a court or body, board, committee, commission or
officers constituted by law or having authority to take evidence or
settle controversies in the exercise of the judicial power of the state or
any subdivision thereof. It is also part of a lawyers’ vocation to render
expert opinions on matters of law and to be engaged as a consultant by
public or private bodies to render professional services including
drafting of legal or administrative documents, statutes, regulations,
etc.41 The duties of a legal practitioner in the course of his onerous
calling is diverse and include the following among others.
3.1. Legal Practitioner to act on Clients’ Instruction
The first step toward the resolution of any dispute or grievance is the
client instruction phase. Rule 24 (1) of the Rules of Professional
Conduct of Legal Practitioners (RPC) 2007 places a duty on legal
practitioners to accept any brief in the Court in which he professes to
practice provided the proper professional fee is offered and unless
there are special circumstances which justified his refusal42 The first
phase for the performance of legal practitioner’s duty in judicial
proceeding is wherein the lawyer is briefed by his client. The legal
practitioner listens to facts as presented by his client. The first
interview with client is very important; many suits are lost or won
upon the first interview. A hasty interview with clients, perfunctory
grasp of the matters he is trying to lay before the solicitors may be
41 Abdulkarim A. K. ‘Can Law Teachers Practice and Act as Consultants
for Free or for a Fee' vol. 19(1) (2016), The Nigerian Law Journal, 35-
53:39.
42 The special circumstances in which a legal practitioner may withdraw
from his client's instruction is w'here his duty conflicts with the interest
of client or w'here the brief is outside the sphere or area of his practice.
For example, Rule 17 (2) of the RPC states that except with the consent
of his client, a lawyer shall not accept a retainer if the exercise of his
professional judgment on behalf of his client will be or may reasonably
be affected by his own financial, business, property or personal interest.
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fatal to the solicitors handling the matter subsequently.43 At the first
interview, the lawyer has his opportunity to lay good foundation for
the services he would eventually render. Before the commencement of
an action in court, the pre-requisites for the maintenance of the action
have to be considered. It is essential to comply with prescribed
procedures, either statutory or contractual, or the selection of the
particular court may be decisive.44 The essential factors which a legal
practitioner retained to conduct a case must consider at the planning
stage of an action include but not limited to the determination of the
relevant law, possible parties and their standing,45 the cause of
action,46 jurisdiction of the subject matter and the appropriate court,47
statute of limitation,48 compliance with conditions precedent,
immunity of any kind, cost of litigation and ultimately knowledge of
the scope and various rules of evidence.
Due to the foregoing, it is the duty of a lawyer to devote his attention,
energy and expertise to the services of his client and subject to any
rule of law, to act in a manner consistent with the best interest of the
client.49 50The legal practitioner acts on the general instruction of his
client but he controls how these instructions are to be carried out. For
instance, in the case of Adewumi v Plastex (Nig.) Ltd.'0 in that case,
the respondents as plaintiff filed an action against the defendant at the
High court. The defendant did not File any statement of defence
43 Fagbemi, S. A. (2016) opc it
44 Ibid 156.
45 Senator Abraham Adesanya v The President. Federal Republic of
Nigeria [1981] 5 SC 112.
46 Egbe v Adefarasin [ 1985] 5 SC 50 at 87.
47 Jurisdiction is a fundamental pre-requisite in the adjudication of any
matter. Jurisdiction has been aptly described as the life-wire of all suits.
See the case of Federal Government of Nigeria & 2 Others v Adams
Oshiomole [2004] 3 NWLR (Pt. 860) 305 at 319 SC.
48 The issue of whether or not an action is statute-barred is one touching on
the jurisdiction of the court, once an action is found to be statute-barred,
although the plaintiff may still have his cause of action, his right of
action has been taken away by statute. See the case of Emiator v
Nigerian Army [1999] 12 NWLR (Pt. 631) 362 at 372 SC.
49 Rules of Professional Conduct for Legal Practitioners 2007 r 14(1)
50 [1986] 2 NSCC 852
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throughout the hearing. Judgment was entered for the respondent and
the defendant appealed to the Court of Appeal. The appeal was
dismissed. The appellant further appealed to the Supreme Court. On
the day fixed for hearing, counsel for the appellant considering the
circumstances of the case, informed the court that he was withdrawing
the appeal. This he did contrary to the instruction of his client. It was
held inter alia that: ’the counsel was right in the circumstances of the
case and justified in the decision and his act binds his client; the
dominant instruction of the client in all cases where litigation in court
is involved, is that a counsel should conduct the litigation in the court
to its finality. Hence the actual legal relationship between the counsel
and his client is akin to that of employer and an independent
contractor. It is not one of principal and agent.5
3.2. Legal Practitioner should rentier Efficient Legal Advisory
Services to his Client
A legal practitioner has the duty to render efficient legal advisory
services to his client. The lawyer consults with the client on all
questions of doubt which do not fall within his discretion.52 He shall
not fail or neglect to inform his client of the options of alternative
dispute resolution before resulting to or continuing litigation on behalf
of his client53 In the course of consultation with his client, the lawyer
warns his client against any particular risk which is likely to occur in
the course of the matter.54 Where he considers the client’s claim or
defence to be hopeless, he must inform him accordingly.55
When representing a client, a lawyer may, where permissible, exercise
his independent professional judgment to waive or fail to assert a right
:'1 See further the cases of Nigerian National Supply Co. Ltd. v Sabana &
Co. Ltd & Ors [1988J 2 NWLR 23 and Edozien v Edozien [1993] 1
NWLR 678.
:’2 Rules of Professional Conduct for Legal Practitioners, 2007 r 14 (2) (a).
53 Ibid r 15 (3) (d).
54 Ibid r 14 (2) (c).
55 Ibid r 14 (2) (e).
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or position of his client.56 57In the case of Afegbai v A. G. Edo State'
the court stated thus:
The scope and amplitude of the authority of counsel
with regards to an action and all matters incidental to
it extend to the conduct of trial such as withdrawing
the record, calling or not calling witnesses, cross-
examining witnesses, consent to reference or
arbitration ... undertaking to appear; or on hearing of
the motion for new trial; consenting to reduction to
damages. The client’s consent is not needed for
matters which are within the ordinary authority of the
counsel.
It is therefore sacrosanct that where the nature of the legal practitioner
specific instruction conflicts with the manner of discharging of his
professional skills and interferes with his control of how to conduct
the case of his client, counsel is entitled to return the brief of his
client. Furthermore, a lawyer’s independence is partly contingent on
the freedom of choice in representation, including freedom from fear
or prosecution in controversial or unpopular cases. The efficient and
predictable application of justice, which is a basic tenet of the rule of
law, depends to a large extent on the ability of lawyers to represent
unpopular clients, or clients who are critical of, or even hostile to, the
government - even in controversial and scandalous cases.58 To deny
the freedom of choice in the context of legal representation poses a
threat not only to the independence of the legal profession, but also to
the human rights of those who are represented, and offends core
principles of the rule of law, such as the principle of equality before
the law, and the protection of human rights.
56 Ibid r 14 (2) (d). See also the case of Festus Adewumi v Plastex (Nig.)
Ltd. (supra).
57 [2001] 14NWLR427
58 Hon Michael Kirby, September 2016. The Independence of Legal
Profession Threats to the bastion of a free and democratic society 1BA
Presidential Task Force - Report on the Independence of the Legal
Profession, 25-
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In line with the above, it is crucial that lawyers should be able to
perform their duties in an environment that is free from coercion,
governmental and societal pressure, and fear of prosecution and
persecution, whether by the government or by non-governmental
actors. Lawyers should be free to represent their clients without undue
hindrance, and should be subject to no discrimination whatsoever.
3.3. Legal Practitioner must avoid Conflict of Interest
Lawyers are duty bound not to accept briefs that conflict with their
interest, whether financial, business, property or personal interest.59
He must, at the time of the retainer, disclose to the client all the
circumstances of his relations with the parties, and any interest in
connection with the controversy which might influence the client in
the selection of the lawyer.60 Except with the consent of his client after
full disclosure, a lawyer shall not accept a retainer if the exercise of
his professional judgment on behalf of his client will be or may
reasonably be affected by his own financial, business, property or
personal interest.61
Also, a legal practitioner shall not appear as counsel for a client in a
legal proceeding in which the lawyer is a party. Where the lawyer is a
party in a particular suit, he is expected not to accept the brief or
represent any other person who is also a party in that suit.62 In similar
vein, a lawyer is duty bound not to represent clients where he knows
or contemplates that in a pending litigation, he or any lawyer in his
firm will be called as a witness.63 However, he is permitted to testify
for the client under the under-listed circumstances:
i. if the testimony will relate solely to an uncounted matter;
ii. if the testimony will relate solely to a matter of formality and
there is no reason to believe that substantial evidence will be
offered in opposition to the testimony;
59 Rule 17 (2) of the RPC, 2007
60 Rules of Professional Conduct for Legal Practitioners, 2007 r 17(1).
61 Ibid r 17 (2).
62 Rule 17 (5) of the RPC, 2007
63 Rule 20 (1) of the RPC 2007
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iii. if the testimony will relate solely to the nature and value of
legal services rendered in the case by the lawyer or his firm to
the client; or
iv. as to any matter if refusal would work a substantial hardship
on the client because of the distinctive value of the lawyer or
his firm as lawyer in the particular case.64
The objective of this rule is to ensure fairness and justice.
3.4. Legal Practitioner must be Diligent
Another major duty of legal practitioner is that of due diligence in the
discharge of his professional duties. Negligence in handling of a
client’s affairs may be of such a nature as to amount to professional
misconduct.65 Negligence is the failure to exercise the standard of care
that a reasonable prudent person would have exercised in similar
situation; any conduct that falls below the legal standards established
to protect others against unreasonable risk of harm except for conduct
that is intentionally, wantonly or willfully disregardful of others
rights.66 The term denotes culpable carelessness which means
negligence that is though not intentional, involves disregard of the
consequences likely to result from one’s actions.67
In the law profession, once a brief is accepted, a counsel is under an
obligation to diligently and faithfully pursue the matter to its logical
conclusion. Where he renders a wrong advice or handles a client’s
case in a manner short of the standard reasonably expected of lawyer
and which exposes the client to a loss, will render him liable in
negligence.68 The question to ask is what amounts to the standard of
64 Rule 20 (2) of the RPC 2007
63 Ibid r 14 (5). For instance, under the general common law and the rule in
Hedley Byrne & Co Ltd v. Heller & Partners Ltd. [1964] A.C 465, the
lawyer can be held liable for professional negligence except when
conducting a case in the face of the court such as failure to call a witness
or to cross-examine a witness. See Legal Practitioner Act, LFN Lll
2014 s 9 (3).
66 Ogwezzy M. C. op cit, 108-119
07 Bryan A. G. (ed). Black’s Law Dictionary, 7th ed. (West Publishing Co.,
2000), 846
68 Hedley Byrne & Co Ltd v. Heller & Partners Ltd. (supra)
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care and skill required of a lawyer in the conduct of his client’s case?
To answer this question, a lawyer is expected to apply his skill and
exercise reasonable care in the performance of his duty. In substance,
there are two special characteristics to determine negligence. First,
where a professional skill is concerned, the test for a breach of duty is
not governed by the reasonable man test as such; but it is governed by
the standard of the reasonable person exercising that professional skill.
The test is the standard of the ordinary skilled man exercising and
professing to have that professional skill. An accountant, architect,
lawyer or doctor need not possess the highest expert skill; all he or she
needs to exercise is the ordinary skill of an ordinary competent man
exercising that particular act.69
It should be noted that it is trite that the mere infraction of a legal
practitioner’s duty does not absolutely expose him to liability,
however, a lawyer is required to exercise the duty of skill and care that
is reasonable expected in the circumstance. A lawyer cannot be
expected to know all the law but he is expected to know where to find
the law in respect of the matter which he undertakes to handle. The
skill and care of the ordinary lawyer cannot be judged by the standards
of exceptionally good lawyer. The test is what the reasonable
competent practitioner would do having regard to the standard usually
adopted in the profession.70
69 Bolam v'. Friern Hospital Management Committee [1957] 1 WLR 582;
Phelps v. Hillingdon LBC [2000] 3 WLR. 776, p. 809; Geoffrey, S. Law
of Obligations and Legal Remedies, 2nd edn., (London: Cavendish
Publishing Limited, 2001), 483.
70 Orojo J. O. Professional Conduct of Legal Practitioners in Nigeria
(Yaba: Mafix Books Limited, 2008), 178; in the case of Montriou v.
Jeffresy 172 E.R. 51, Abbott C.J opined as follows: 'No attorney is
bound to know all the law. God forbid that it should be imagined that an
attorney or a counsel or even a judge is bound to know all the law, or
that an attorney is to lose his fair recompense on account of an error,
being such an error as a cautious might fall into" it is sufficient if they
have "espoused the interests of their clients in order to defend them as if
they were the parties concerned’. See further the case of Rondel v
Worstey [ 1996] 3 All E R 657.
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In Heywood v Wellers, 1 the plaintiffs, a woman who wanted a legal
advice on how to put an end to persistent pestering by a former man
friend, went to a local solicitor’s office. She was seen by a young
unqualified litigation clerk whom she believed to be a solicitor. He
suggested that she may apply to the local county court for an
injunction against the man. During the following eleven (11) months,
the clerk initiated proceedings at the High Court which, because of
errors and omissions, prove wholly ineffective, and the plaintiff
continued to suffer molestation from the man friend. The plaintiff
sued the defendant solicitors claiming damages. She prepared and
conducted her own case being of the opinion that it would be
impossible to find other local solicitors who put their case properly
against fellow solicitors. The court held that the plaintiff was entitled
to damages in respect of the solicitors’ breach of contract by their
negligent conduct of the defendant’s case.
Generally, on the subject of negligence, the court has held that counsel
is by calling of their profession, responsible men in whom the vice of
negligence or inadvertence is a rare attitude. Hence, when in
exceptional cases, a counsel is found to be guilty of professional
negligence, a situation deserving of most favourable consideration
arises if and only if the litigant has not himself been guilty of
negligence. If both the counsel and his litigant are guilty of
negligence, the burden to be discharged to show that the litigant is
entitled to the exercise of the discretion of the court is a heavy one.71 2
In Nigeria, to think that a Legal Practitioner who is incompetent is
immune from being sued over the way and manner he or she
conducted a case in court or negligently handled a professional duty
entrusted onto him or her is a fallacy because the functioning of the
tort of negligence and the legal profession has been codified in the
Legal Practitioners Act. This is in a bid to regulate the conduct of
lawyers in Nigeria and to see that they hold firmly to the tenets of the
profession. A solicitor could then be liable for the tort of negligence
71 [1976] 1 Q.B 446.
72 Imo Broadcasting Corporation v Iwuke [1995] 1 NWLR (Pt. 372) 488.
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not only to his client but also to others where a prima facie duty of
care towards them could be shown.7''
3.5. Legal Practitioner Obligation to Keep Privilege and
Confidence of a Client
All oral or written communications made by a client to his lawyer in
the normal course of professional employment are privileged. A
lawyer shall exercise reasonable care to prevent his employees,
associates and others whose services are utilized by him from
disclosing or using confidences or secrets of a client unless where
such is permitted under the rules of law or a court order; the intention
of his client to commit a crime and the information necessary to
prevent the crime and confidences or secrets necessary to establish or
collect his fees or to defend himself or his employees or associates
against an accusation of wrongful conduct.* 747 5
In the case of Awoniyi v The Registered Trustees o f the Rosicrucian
Order (A M O R C the court held that communication between
counsel and his client with reference to the matter upon which the
client is seeking professional advice are privileged provided that the
communication is fairly referable to the relationship of counsel and
client. A lawyer must also keep the money of client kept in his
custody. He must have financial integrity.
3.6. Duty to inform the client of Alternative Dispute
Resolution (ADR) before resorting to Litigation
A lawyer should while considering the client’s brief inform the client
of the option of ADR before resorting to litigation.76 Litigation should
be seen as the last remedy considering the expensive, rigorous and
time-consuming nature of it. When parties first resort to ADR,
relationships could still be preserved as against first resolving the case
in court which is often time been seen as the “war zone”. As important
' Ross v Counters [1980] 1 Ch. 297; Ogvvezzy, M. C opc it 113-114;
Gururaja, K. C. Advocacy and Professional Ethics: In Retrospect and
Prospect, (Allahbad: Wadhwa and Co., 2005), 482.
74 Rules of Professional Conduct for Legal Practitioners 2007 r 19.
75 [ 1990] 6 NWLR(Pt. 154)42
76 Rule 15 (3) (d) of the RPC, 2007
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as ADR is in the peaceful resolution of conflict, many legal
practitioners fail and neglect to inform their clients of the option of
ADR. They see it as a means which will not be financially beneficial
to them and will instead prefer to have the matters litigated in Court
for more financial benefits. To legal practitioners, when cases are in
court, different channels are opened where he/she can gain financially,
ranging from professional fees to appearance fees etc.
In the Lagos State High Court Civil Procedure Rules, 2012, parties are
obligated to file the pre- action protocol form 01 as one of the
documents accompanying the originating processes while in the Abuja
High Court Civil Procedure rules, the certificate of pre-action
counseling is required to be filed to accompany the originating
processes. These documents provide proof that the clients have been
counseled on the relative strengths and weaknesses of their cases
before proceeding to Court.77 Although these documents do not reflect
whether ADR had first been resorted to, clients are afforded the
opportunity to know their chances of emerging victorious in Court so
that they can decide whether or not to explore the ADR option. Even
the RPC states that where a lawyer finds the client’s claim or defence
hopeless, he should be informed accordingly.78
3.7. Duty to conduct the client’s case in good faith and
within the bounds of law:
When handling his client’s matters, a legal practitioner is not expected
to file suits, assert a position, conduct a defence, delay a trial or take
over an action on behalf of his client when he knows or ought
reasonably to know that such an action would serve merely to harass
or maliciously injure another.79 A legal practitioner is also precluded
from creating or preserving evidence or ought reasonably to know that
7' A similar Form under the Oyo State High Court (Civil Procedure) Rules
2010 is Form 18 where parties through their legal practitioner are
expected to disclose whether or not they have explored alternative means
to resolve the matter before instituting the case in the court of during the
pendency of the suit in court.
78 Rule 14(2)(e) of the RPC 2007
79 Rule 14 (3) (b), 24.(3) of the RPC 2007
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the evidence is false.80 This could be in the form of procuring
witnesses to come and testify falsely in court to prove his client’s case
or even hiding a piece of evidence that he feels will be prejudicial to
his client’s case.
Legal practitioners have a duty not to make questionable defenses or
give questionable advice on the ground that he is only following his
client’s instructions.81 Lawyers are officers in the temple of justice and
should only indulge in actions that will genuinely assist the court in
the attainment of justice.82
4. The Responsibilities of Legal Practitioners in the Society and
Ethics in Legal Profession
Ethics refers to a well-based standards of right and wrong that
prescribe what humans ought to do, usually in terms of rights,
obligations, benefits to society, fairness, and specific virtues.83 Ethics,
for example, refers to those standards that impose the reasonable
obligations to refrain from rape, stealing, murder, assault, slander, and
fraud. Ethical standards also include those that enjoin virtues of
honesty, compassion, and loyalty, it also includes standards relating to
rights, such as the right to life, the right to freedom from injury, the
right to choose, the right to privacy, and right to freedom of speech.84
Legal profession is thus regulated all over the world by certain ethical
codes of behaviour or ethics commonly referred to as the rules of
Professional Conduct for Legal Practitioners. These rules were drawn
with the intention of instilling in members a high sense of discipline,
honesty and responsibility so as to maintain the honour, integrity and
reputation of the profession. In Nigeria, an in-depth and
comprehensive ethical rules of professional conduct in the legal
profession were first drafted and adopted by the General Council of
the Bar in 1980. The rules were made by the General Council of the
bar in 1967 and amended in 1979 and published in the Federal
80 Rule 14(3) (h) of the RPC 2007
81 Rule 24 (2) of the RPC 2007
82 Ahmed, R. I. op cit, 213: 214
83 Ogwezzy. M. C. op cit, 108-119: 108
84 Ibid
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Government Official Gazette dated 18th January, 1980 on the 7lh of
February, 2007 the existing rules were reviewed and a new set of rules
was made for the profession.8-
The legal profession prescribes Rules of Professional Conduct and
Etiquette for its members. These basically require that a legal
practitioner should be of good character. According to Adegoke et
a/,* 86 these are traits and characteristics becoming of members of the
learned profession of noble and gentlemen of honour. The founding
fathers of this profession earned for themselves enviable and dignified
appellation of “learned and honourable” men. This endurable
achievement cannot and must not be lowered down. A lawyer must
conduct himself well in court and in the public generally. Again, he
must display utmost good character at all times. The society will
frown at a lawyer who behaves himself unseemly in the public. A
lawyer should not be caught fighting or brawling in streets.
Waywardness is unbecoming of members of this respectable
profession. It is an age-long phenomenon that, lawyers are known for
their nobility.87
Premised on the foregoing, the general responsibility of a legal
practitioner is to uphold and observe the rule of law; promote and
foster the cause of justice, maintain a high standard of professional
conduct and shall not engage in any conduct which is unbecoming of a
legal practitioner.88 In legal proceedings, the trial process is very
crucial. It involves the examination-in-chief, cross examination and
8:1 Ibid; see also Beredugo, A. J. opcit, 215-216. See further Agbebaku, C.
A. & Omoregie, L. 0, Teaching Ethics and Values in the Legal
Profession: The Nigerian Perspective’ , accessed on 12 August, 2018.
86 Adegoke, 0. A & Akinola, A. "The Character and Learning of
Nigerian’s 21st Century Lawyer: Playing a Game by Its Rules’ vol. 12
(2013), Nigerian Law and Practice Journal, 68-93: 74
87 Ibid.
88 See the Rules of Professional Conduct for Legal Practitioner 2007 r 1.
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re-examination of witnesses.89 The delivery of an effective civil
justice requires that the system be accessible and affordable, free of
discrimination, free of corruption and without improper influence by
public officials. The delivery of an effective civil justice also
necessitate that court proceedings are conducted in a timely manner
and not subject to unreasonable delays.90
It is the duty of a lawyer employed in respect of a court case to be
personally present or be properly represented throughout the
proceedings in court.91 When a cause on the weekly cause list has
been called for hearing and neither party appears, the judge shall,
unless he sees good reason to the contrary, strike out the cause.92 The
legal practitioner shall use his best endeavours to restrain and prevent
his clients from committing misconduct or breach of the law with
particular reference to judicial officers, witnesses and litigants and if
client persist in his action or conduct, he shall terminate their
relations.93 The legal practitioner has the responsibility to ensure
courtroom decorum when in court. He is expected to be attired in a
proper and dignified manner, conduct himself with decency and
decorum observing the customs of the practice at the Bar with respect
to appearance, manners and courtesy. He should rise when addressing
or being addressed by the judge. A lawyer must not remove his wig
or/and gown while court is sitting. He should not raise his voice in
display of frustration. Making and answering phone calls in court is
indecorous, likewise reading of newspaper or magazines when court is
89 Evidence Act, 201 I section 214. See Fidelis Nwadialo SAN, Modern
Nigeria Law of Evidence, (Benin Citv: Ethiope Publishing Corporation.
1981) 550.
90 Okogbule. N. S. ‘Access to Justice and Human Rights Protection in
Nigeria: Problems and Prospects’ vol. 3 (2005). Sur, rev. hit. Direitos
Human. 15 and Aguda, T. A. The Crisis of Justice (Akure, Nigeria:
Eresu Hills Publishers, 1986), 15-16.
li| Rules of Professional Conduct for Legal Practitioner 2007 r 14 (4).
Oyo State High Court (Civil Procedure) Rules 2010 Order 30
93 Rules of Professional Conduct for Legal Practitioner 2007 r 15 (2).
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sitting.94 95A lawyer should also address his objections, arguments and
observations to the judge without any exchange of banter, personality
display, arguments or controversy with the opposing lawyer.45 The
legal practitioner is expected to treat the opposing counsel with
respect fairness, consideration and dignity, and shall not allow any ill-
feeling between opposing clients to influence his conduct and
demeanour toward the other or toward opposing clients.96
A legal practitioner shall not handle a legal matter which he knows or
ought to know that he is not competent to handle, without associating
with him a lawyer who is competent to handle it, unless the client
objects.9' He shall not handle a legal matter without adequate
preparation.98 He shall represent his client competently and shall not
neglect a legal matter entrusted to him.99 Neither shall he attempt to
exonerate himself from or limit his liability to his client for his
personal malpractice or professional misconduct.100
The legal practitioner shall be honest, forthright in the discharge of his
duties before the court. He shall not do act calculated to mislead the
court. He shall not knowingly use perjured or false evidence101 neither
shall he knowingly make a false statement of law or fact. The legal
practitioner shall not participate in the creation or preservation of
evidence when he knows or ought reasonably to know that the
evidence is false. He shall not assist his client in conduct that he
knows to be illegal or fraudulent.102 A legal practitioner shall not be
unfair or abusive or inconsiderate to adverse witnesses or opposing
litigants or ask any question only to insult or degrade the witness; and
94 Adegoke, 0. A & Akinola, A. op cit, 77. See the warning of Onalaja
JCA (as he then was) in the case of UBA Pic v BTL Industries Ltd.
[2006] NWLR (Pt. 1013)61.
95 Rules of Professional Conduct for Legal Practitioner 2007 r 36
96 Ibid r 62
97 Ibid r 16(1) (a).
98 Ibid r 16(1) (b).
99 Ibid r 16(1) (c).
100 Ibid r 16(1) (d).
101 Ibid r 15 (3) (f).
102 Ibid r 15 (3) (g) & (i). See Adegoke, O. A & Akinola Afolarin (n 90) 78.
302
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he shall not allow the unfair suggestions or demands of his clients to
influence his action. In other words, a legal practitioner acts with
candour and dignity. He must be polite and candid in his conduct.
In conclusion, absolute respect is the hallmark of the relationship
between the Bar and the Bench. Hence, the Bar Council has left no
one in doubt as to its significance. The requirement of section 31 (1)
of the Rules of Professional Conduct for Legal Practitioner 2007 is
that a lawyer shall treat the court with respect, dignity and honour at
all times. The salient points that may be gleaned from the issue of
respect of legal practitioner to court are: a legal practitioner must
ensure that he maintains profound respectful attitude towards the
courts in words and seasoned with modesty, politeness and courtesy
and in manners of proper comportment, demeanour, disposition and
posture.103
5. The Challenges Confronting Legal Practice
There is no doubt that there are challenges confronting legal practice
in Nigeria. While some of these challenges are substantive in nature,
others are procedural and yet others have their roots in the present
political, socio-economic and advance in technology. However, since,
there is no problem without solution, this section is devoted to
highlighting some of the challenges confronting legal practice in
Nigeria. The section is followed with suggestions for reform that can
enhance the efficacy of legal practice in Nigeria.
5.1. Economic Pressures on the Practice
The legal profession faces unprecedented economic pressures fueled
by many factors, including societal changes and economic downturn.
These pressures often dovetail to other challenges facing the
profession. In today’s buyer’s market, clients determine what services
are needed and at what cost. They will continue to demand efficiency
103 Adegoke, O. A & Akinola Afolarin. op cit 90; Ekundayo, A. 'Hints on
Legal Practice' Series No. 5 (1992) Nigerian Law and Practice Journal,
51; Adedokun A. A. 'Ethics in Legal Academia and the Profession’ in
Ayua, I A and Guobadia, D. A. (eds) Legal Education for Twenty-
Century Nigeria, (Lagos: Nigerian Institute of Advanced Legal Studies.
2000) 208-212.
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and responsiveness from their lawyers - and for less cost.104 To
survive, lawyers and firms are looking for competitive advantages.
The legal profession faces unprecedented economic pressures. It faces
competitive pressures from accountants, realtors, financial advisors,
and title agents, and others - and the internet is making it easier for
them to compete. Add to the mix competition from global legal
service providers, as the doors to transnational practice by lawyers
widen by the World Trade Organization's General Agreement on
Trade in Services (GATS).105
The primary focus of the WTO is to ensure that trade liberalization
and trade agreements are reached based upon a consensus of
participating members and ratified domestically by each member.
Trade liberalization essentially focuses on removing impediments
involved in the provision and procurement of goods and services
thereby fortuitously affecting and consequently increasing the wealth
of the respective countries.106 With the spurt of world economic
integration, it has become more difficult for lawyers and Law firms to
advise clients on international transactions covering a variety of
business transactions, including mergers and acquisitions with foreign
companies and contractual arrangements for franchises, dealerships
and product sales.107 In addition to the issues discussed below, lawyers
and firms are turning to law firm managers and legal information
managers to examine trends and identify competitive advantages.108
Reason being that the multi-jurisdictional nature of transactions
requiring multi-jurisdictional advice, and this underpins the evolution
that has occurred in legal practice. Accordingly, multinational
companies would rather deal with international law firms with multi-
jurisdictional presence than domestic law firms. Such international
104 Board of Governors' Challenges to the Profession Committee. 2011. The
Challenges Facing the Legal Profession, The State Bar of Wisconsin
July 2011,2.
105 Ibid; The World Trade Organization (WTO) as a leading economic
institution is in the forefront of championing the cause of globalization.
106 Alii, Y. (2017), opcit, 9.
107 Ibid, p 12.
108 Ibid.
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law firms are in a position to operate through two or four modes of
service supply, specifically commercial presence and presence of
natural persons.109
5.2. Technology and the Practice of Law
Advancement in technology are occurring exponentially. These
advances increase the pace of practice and client expectations, forcing
lawyers to adapt or face extinction. Understanding and implementing
new technologies are difficult and time-consuming for lawyers.
Clients are often ahead of lawyers in implementing new technologies,
and they have increased access to legal information, much of it readily
available on the internet.110 It is therefore imperative that a lawyer
develop unequivocal hunger and thirst for knowledge, especially of
the law and of general affairs of life. Ability to carry our research
would form a veritable tool in acquisition of knowledge needed in
practice. The lawyers must read the subject matter visa-vis the
substantive law; peruse the rules and procedures as well as judicial
precedents. It is incumbent on advocate to carry out detailed research
into matters involved with the brief given to him by his client. He
must master the details of the subject matter and equally become a
‘master of it in order to be able to adequately handle the case to the
satisfaction of his client.111
5.3. Regulation of the Legal Profession
Rapidly evolving technological advances, changing expectations on
the part of the public concerning access to information and services, as
well as sociologic and economic globalization, combine to require a
reconsideration of traditional ethical rules and regulation mechanisms
for the legal profession. Ari Kaplan,112 opines that these issues will
109 Desmond Guobadia. ‘Globalisation of Legal Services - What Should
Nigeria Do? Compiled by IMF Staff April 2000
www.nijenanlawguru.com >article>globalization-of-legal-services-
what-should-nigeria-do.pdf> accessed on 24th January, 2019 at 2.00pm.
110 Ibid
111 Adegoke, O. A & Akinola, A. op cit 73
112 Kaplan, A. The Evolution of the Legal Profession: A Conversation with
the Legal Community's Thought Leaders on the Front Lines of an
Industry in Transition. Rep. Ari Kaplan Advisors, 2010.
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force the legal profession to restructure how it delivers legal services.
In order for the profession to stay relevant and thrive, lawyers must
examine who can invest in firms, models for publicly traded firms,
and lawyer partnerships with other professionals.113 However, it would
seem that law practice in Nigeria is synonymous with advocacy. This
is reflected in the number of small law practices spread across the
country. Also the curriculum of the Law School programme place
quite a lot of emphasis on criminal and civil procedures and evidence
- in fact court procedures. For instance, law graduates are expected to
embark upon court and law offices attachments which expose them to
advocacy and solicitor practice. On completion of the law school
programme, a lawyer becomes ‘a barrister and solicitor of the
Supreme Court of Nigeria’, also the public perception of the law and
lawyers is through trial lawyers.114
However, commercial and corporate law practices have continued to
grow in view of globalisation of international commerce and trade and
legal practice will therefore need to do more than pure advocacy in
court. The practice of law in Nigeria should take advantage of its
potentiality as a facilitator of successful trade and lawyer should be
encouraged to explore new and emerging practices areas. For instance,
a good number of law firms in the UK, US as with many others in
developed economies are going into partnership and specializing in
different areas of practice. Partnerships between lawyers and among
law firms in Nigeria should be encouraged.115 The benefits of
partnership are many and obvious. Apart from economies of scale,
partnerships encourage capacity building and specialisation as lawyers
113 Board of Governors’ Challenges to the Profession Committee. 2011 (n
108), 2
114 Fidelish Oditah SAN (n 17) 8
115 For instance, the NBA President Abubakar Balarabe Mahmoud (SAN)
recently urges lawyers to form larger law firms to improve service
delivery to clients in a globalise world. He made the declaration while
unveiling a mega law firm Primera African Legal (PAL) in Lagos on
Friday 18lh August, 2017. PAL is made up of former partners of Sterling
Partnership and Wali-Uwais, both very established law firms. See
BarNews, A publication of Nigerian Bar Association (NBA) 21 August,
2017: 1
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in given fields understand the intricacies of such areas and are able to
give first class advice in their areas of specialisation. It will also
increase earnings for the firms and the lawyer alike as more income is
generated.116
5.4. New Lawyer Training and Development
The new trends and challenges facing the legal profession, particularly
the evolution of legal services from bespoke to being ultimately
‘commoditize’ raise concerns that should be quickly brought to the
thoughts of the new wig.117 18The reality of today’s economy means
fewer opportunities for law school graduates. With fewer clerkships,
internships, and law firms hiring new graduates - and access to
mentors - law schools are graduating more lawyers with less
experience. The profession must share the responsibility for assisting
these new practitioners, and that support must come from the Bar
Association, the bench, and the law schools that produce new
lawyers.115
The challenges identified by the Board of Governors’ Challenges to
the Profession Committee has created great difficulties for
practitioners, especially those who are new to the profession. This
explained why many new wigs avoid legal practice, whether private or
public, like plaque. They are ill-equipped for it, ignorant of it,
apathetic towards it and must therefore of necessity reject it. Two
other complications arise. After graduation, they discover that there is
no proper mentoring process. Few, if any young lawyer have any
source of role models. There is no custom or practice of senior
lawyers choosing junior lawyers to mentor.119 There is also no process
of induction of new wigs into legal profession by the local or national
Bar. The Nigeria Bar Association leaves them to discover everything
116 Fidelish Oditah SAN op cit 8
117 Oluwemimo Ogunde SAN. 'The Legal Profession in Nigeria: Service or
Business?' (2011), paper delivered at the Annual Lecture in honour of
Mr. Layi Babatunde SAN on Wednesday I7lh August, 2011 at the
Faculty of Law, University of Ibadan, Ibadan. I.
118 Board of Governors' Challenges to the Profession Committee. 2011 (n
108)2
119 Oluwemimo Ogunde SAN op cit, 2.
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by themselves. The result is that the new wigs become free-ranging
lawyers, at the mercy of every wind of doctrine. There is no
established process of job search or employment, no formal or
informal methods of integration into the Bar. They are sent forth as
sheep in the midst of wolves.120 The young, new, or inexperienced
practitioner bears the responsibility to conquer these challenges. The
challenge for any lawyer is to differentiate themselves from others in
the market place. New lawyers will need to develop business skills,
language, engineering/science - traits that set them apart from their
peers. Many new lawyers are well situated to take advantage of the
latest technologies. Change must start with law school education.
They must train lawyers for real-life practice challenges, teach
entrepreneurial skills, and paint a realistic picture of employment
opportunities.121
6. Proposals for the Reform of Legal Profession in Nigeria
The legal profession remains a noble profession. The sanctity of this
profession will be better preserved by the conduct of the legal
practitioner in the discharge of his duties as a minister in the temple of
justice both in relations with his clients and members of the public and
also in his duty towards the court of law. By virtue of their vantage
position, legal practitioners play significant roles in policy formulation
and implementation, not only because they draft all laws but also
because they interpret and apply the laws. In contributing to the
political and social development of our nation, lawyers must be
creative and proactive. Reform of our substantive and procedural
laws, which has begun should be intensified.
Against this background, a convenient point to start any reform
agenda for the legal practice is updating and strengthening our civil
justice laws, rules, regulations and institutions. It is desirable to revise
our laws regularly so as to bring them in tandem with international
standards. However, a word of caution must be sounded at this point.
A revision of our laws should not involve a blind transplant of western
legal model as hitherto the practice. It really would make no sense to
Board of Governors’ Challenges to the Profession Committee. 2011 (n
108)20.
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import laws or regulations which can hardly be operated in view of
our peculiar socio-legal and cultural set up. Any law introduced must
therefore be suitable to our specific needs without compromising
standards. In order for the judiciary to perform its role as the
‘handmaiden of justice’, civil procedure must be effective and
responsive to the needs of its users. This entails three qualities: it
should be just, fair and effective in resolving disputes. Reform of our
civil justice system is needed urgently and is already in progress in a
number of states.122 Other reforms necessary to the Nigerian legal
practice and judicial system include among others:
i. Recognition in the civil procedure rules of the overarching
aim of the civil justice system which is to ensure that cases are
determined justly and fairly;
ii. Recognition in the civil procedure rules of the central role and
responsibilities of key players in legal proceedings - the
judge, the litigants and their legal representatives have in a
civil justice system;
iii. Introduction of active case management powers by the judges
enabling judges to balance the interests of the parties to civil
proceedings and the public interest to ensure that parties do
not use more than their fair share of public resources - the
courts;123
iv. More significantly efforts should be made to increase
awareness of and resort to arbitration or other methods of
alternative dispute resolution mechanisms in the country.124
Not only are these mechanisms more cost-effective, they are largely in
tandem with the traditional method of dispute settlement, which had
served African societies so well before the imposition of the received
122 For instance, these writers are aware that the Civil Procedure Rule of the
High Court of Justice of 2008 in Osun State is currently being reviewed
to amend some of its provisions
123 Fidelis Oditah SAN op cil.
124 Nwosu, K. N & Chukwu, L. O. C. The Role of Lawyers in Multi-Doors
Courthouse' (2013) Nigerian Law and Practice Journal, 40-50: 43;
Rules of Professional for Legal Practitioner 2007 r 15 (3) (d).
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English system of adjudication.125 Happily, there is now a growing
trend to formalize and popularize the use of these mechanisms as
viable alternatives to the judicial settlement of disputes in Nigeria.126
It can hardly be disputed that resort to this mechanism coupled with
improvement in the socio-economic and political conditions of the
masses will go a long way in ensuring increased access to justice by a
large majority of Nigerians.
Legal education is important if lawyers are expected to play any real
role in our economic development and growth. The quality of the
judicial output depends on our legal education and the quality of our
lawyers. We see this daily in relation to litigatjon where the role of
lawyers is most visible. The quality of our judicial decisions and the
coherence of the reasoning underlying a judgment depend upon the
quality of arguments presented to the court and upon the ability of the
judge, and these in turn are dependent upon our legal education,
especially continuing legal education.
Of more importance is the mentoring of young lawyer or new wigs.
Senior members of the profession should invest in the future of the
profession. Investing in the career development of young lawyers in
terms of money and time would go a long way in professional
development and finesse. There should be on-going continuous
trainings organised by the association and organised or sponsored by
experienced and successful practitioners. Senior lawyers should
125 Obilade, A. O. 'The Relevance of Customary Law to Modern Nigerian
Society’ in Osinbajo, Y & Kalu, A. U. (eds.), Towards a Restatement of
Nigerian Customary Laws (Lagos: Federal Ministry of Justice, 1991) 1-
4; Okunniga, A. A. O. Transplants and Mongrels and the Law: The
Nigerian Experiment (Inaugural Lecture Series 62, University of Ife
Press, 1983) 20-21.
126 The advantages of these mechanisms are highlighted in Chukwuemerie,
A. I. Studies and Materials in International Commercial Arbitration
(Port Harcourt, Nigeria: Lawhouse Books, 2002) 1-31; see also
Nwakoby, G. C. ‘Exploring Arbitration: A Commentary’, vol. 8 (1-2)
(Jan.-April 2004), Modern Practice Journal of Finance and Investment
Law, 1: 8-16; Aina, K. 'The Lagos Multi-Door Courthouse and the
Judge: A New Beginning’ vol. 8 (3-4) (2004) Modern Practice Journal
of Finance and Investment Law, 340.
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monitor the manners, comportment and appearances of the lawyers
under their tutelage and branch. By showing good example all the
time, it will be easy for young ones watching to imbibe fine character
and decorum exhibited by those mentors. The place of hard-work is
also importance in legal practice. A lawyer who fails to work hard
should be ready to fail. Success in the Bar cannot be attained lying
upon the bed of roses, but by application of oneself to hard-work and
industry.127 \ i ̂ *'
7. Conclusion
Remarkably, legal practire is a professional business having an
underlying objective of rendering social service with a view to making
profits and gains for sustenance. However, lawyers are required to
abide by the rules of professional conduct when acting on behalf of
clients and when advising on transactions generally. Ethical standards
must be imbibed in busmess transaction and acts which are capable of
bringing disrepute to the profession should be shunned and a balance
between the carrying on of ethical legal practice and the pursuit of
economic gains must be pursued with vigour. A legal practitioner
must keep abreast of ethical principles and be creative in the
application of his knowledge of legal principles to solve legal issues
and real life problenj* professionally. The tradition of the legal
profession as discussed in this paper, is founded on excellence,
nobility and hard-work. We^hould not pretend that all is alright with
the profession. Hence, thp Bar and the Bench have to more than ever
before confront the -ehaflenges highlighted in this paper and many
more confronting^the profession. Doing this, is the only way to save
legal profession from imminent disrepute and propel legal practice in
Nigeria to its position among the best in the world.
S %+J
127 Ekundayo. A. opcit.
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