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Contemporary Law Practice in Nigeria

Published online by Cambridge University Press:  28 July 2009

Okechukwu Oko
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Extract

The legal profession occupies a strategic position in Nigerian society. In addition to performing the traditional function of protecting individual rights through litigation, lawyers actively involve themselves in the creation of legal institutions and concepts that promote development. Legal services profoundly affect and shape virtually all social, economic and political arrangements in the country. Nigerian society has become increasingly reliant on lawyers for its smooth functioning. The country anchors its hope for social and economic development on them.

Type
Articles
Information
Journal of African Law , Volume 38 , Issue 2 , Autumn 1994 , pp. 104 - 124
Copyright
Copyright © School of Oriental and African Studies 1994

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References

1 The data on contemporary law practice in Nigeria were collected in the course of personal research conducted between January and July 1993. The sources of data in this study include questionnaires, interviews and historical documents. For the purpose of this study, I divided the country into three zones: Zone A comprised states carved out of the former eastern region; Zone B is made up of states in the former western region; Zone C covers states in the former northern region. A total of 126 lawyers was interviewed, 42 in each zone. I ensured that the sample was broad enough to allow for a generalized conclusion about legal practice in Nigeria. For example, lawyers in different practice settings (chambers, solo, office sharing and partnership) and different experience years of practice were represented in the sample.

2 Roll of legal practitioners kept by the Chief Registrar of Supreme Court of Nigeria shows that 963 Nigerians were enrolled to practise by 1960.

3 Before 1962, entitlement to practise as a lawyer in Nigeria was acquired by qualifying as a solicitor or barrister in the United Kingdom. See Supreme Court Ordinance 1876, s. 71.

4 Formal legal education programmes were established by the Legal Education Act of 1962.

5 For a history of the legal profession in Nigeria see Adewoye, O., The Legal Profession in Nigeria 1865–1962, London, 1977.Google Scholar

6 See Ayandele, E. A., “The missionary factor in Northern Nigeria 1870–1918”, (1966) 8 Journal of the Historical Society of Nigeria, 503.Google Scholar

7 This classification is based on the style and technique of practice, the clients served, and the nature and complexity of matters handled.

8 Senior Advocate of Nigeria was introduced in 1975 by section 5(2) of the Legal Practitioners Act, 1975 to replace the title of Queen's Counsel abolished in 1964 by the Queen's Counsel (Abolition) Act, 1964.

9 These lawyers are not specialists in the sense that they possess superior skill or information in some designated area of practice. Rather, they have identified areas where they will not accept legal work.

10 Rule 33, Rules of Professional Conduct in the Legal Profession, 1980 prohibit advertising and touting for legal business.

11 Ibid.

12 Ibid.

13 This committee is by section 9 of the Legal Practitioners Act of 1975 charged with the duty of considering and determining the case where it is alleged that a person whose name is on the roll of legal practitioners has misbehaved in his capacity as a legal practitioner or should for any other reason be subject to proceedings under the Act.

14 1985 3 N.W.L.R. 198.Google Scholar

15 See s. 26 Rules of Professional Conduct in the Legal Profession, 1980.

16 For a detailed analysis of lawyers' obligation to clients in Nigeria, see Orojo, , Conduct and Etiquette at the Bar, London, 1979, 122–132.Google Scholar

17 There is no positive proof of this but my knowledge of the Nigerian scene and the views widely held by lawyers tend to support this assessment.

18 An accurate number of rural practitioners is unavailable. This percentage is based on my working knowledge of Nigeria.

19 Most big chambers in Lagos have between five and 25 lawyers.

20 Juniors in Lagos are paid 500–1000 naira a month, while juniors in other cities receive anything from 250 to 450 naira a month.

21 For a study of paralegals in United States of America see Johnstone, Q. and Wenglinsky, M., Paralegals: Progress and Prospects of a Satellite Occupation, Westport, 1985.Google Scholar

22 See s. 2(2) Queen's Counsel Act 1962.

23 See Report on Queen's Counsel in Nigeria (1959) 2 Nigerian Bar Journal 7.Google Scholar

24 S. 5(3) Legal Practitioners Act, 1975.

25 Some of the privileges include sitting in the front row of seats available for legal practitioners; mentioning a case before other lawyers and changing lawyer's gown from cotton to silk. See ss. 1 and 2 Senior Advocates of Nigeria (Privileges and Functions) Rules, 1979.

26 See Rabiu v. State 1982 1 S.C.L.R. 86.Google Scholar

27 Awolowo v. Shehu Shagari 1980 1 S.C. 12.Google Scholar Both presidential aspirants were represented by Senior Advocates of Nigeria during the hearing of the 1979 election petition challenging the election of Alhaji Shehu Shagari as the first executive president of Nigeria.

28 All the parties in the 1983 governorship election petitions in Anambra, Imo, Oyo, Benue and Plateau states were represented by Senior Advocates of Nigeria. See Nwobodo v. Onoh 1984 1 S.C.N.L.R. 1 (Anambra State)Google Scholar; Unongo v. Aku 1983 9 S.C. 126 (Benue State)Google Scholar; Obi v. Mbakwe 1984 1 S.C.N.L.R. 192 (Imo State)Google Scholar; Ige v. Olunloyo 1984 1 S.C.N.L.R. 158 (Oyo State)Google Scholar; Omoboriowo v. Ajasin 1984 1 S.C.N.L.R. 108.Google Scholar

29 See for example Torti v. Upkabi 1984 1 S.C.N.L.R. 214Google Scholar; Ojukwu v. Onwudiwe 1984 1 S.C.N.L.R. 247.Google Scholar

30 Shugaba v. Federal Minister for Internal Affairs [1981] 2 N.C.L.R. 459.Google Scholar

31 A.G. of the Federation v. A.G. of Imo State 1982 10 S.C. 31.Google Scholar

32 A.G. Bendel Slate v. A.G. of the Federation & 22 ors. 1982 N.C.L.R. Vol. 3 p. 1.Google Scholar

33 One United States dollar exchanges for 25 naira.