LAW IN PRACTICE (ETHICS AND SKILLS)

UNIT 2

REGULATORY AND CONTROLLING BODY OF THE LEGAL PROFESSION

The legal profession in Nigeria is primarily regulated and controlled by several statutory and professional bodies to maintain discipline, ethical standards, and ensure the proper administration of justice. The key bodies responsible for this regulation include the following:

  1. The general council of the bar (GCB): The general council of the bar, also known as the bar council, is the highest regulatory body for the legal profession in Nigeria. See section 1 of the legal practitioners act (LPA) Cap L11, laws of the federation of Nigeria (LFN) 2004. The GCB is responsible for setting general guidelines on legal practice and ensuring that the legal profession adheres to high standards of conduct. The bar council consists of the attorney-general of the federation (AGF), who serves as the chairman, the attorneys-general of the states of the federation, and a certain number of members of the Nigerian bar association (NBA) and their function is to oversee matters concerning the professional conduct of lawyers, regulates continuing legal education, and enforces standards within the profession.
  2. Nigerian bar association (NBA): The Nigerian bar association (NBA) is the umbrella body of all legal practitioners in Nigeria. It is an independent, non-governmental body, although it works closely with the GCB and other legal regulatory bodies. The NBA plays a crucial role in upholding professional ethics, protecting the rights and welfare of legal practitioners, and advocating for the rule of law and social justice. It has disciplinary mechanisms for handling cases of professional misconduct through its disciplinary committees. See the case of Fawehinmi v Nigerian Bar Association (No. 2) [1989] 2 NWLR (Pt. 105) 558 where the supreme court highlighted the significant role of the NBA in regulating the conduct of its members and protecting the interests of the legal profession.
  3. Legal practitioners disciplinary committee (LPDC): The legal practitioners disciplinary committee (LPDC) is responsible for disciplining legal practitioners who violate the rules of professional conduct (RPC) or engage in acts of professional misconduct. See section 10 of the legal practitioners act (LPA). The LPDC is a committee of the body of benchers and includes experienced legal practitioners and their function is to investigates and adjudicates on allegations of misconduct against lawyers. If found guilty, a lawyer may be suspended, fined, or even struck off the roll of legal practitioners. See the case of Okike v LPDC [2005] 15 NWLR (Pt. 949) 471 where the court emphasized that the LPDC has the power to discipline lawyers found guilty of misconduct, underscoring its role in maintaining ethical standards within the profession.
  4. Body of benchers (BOB): The body of benchers is another crucial regulatory body in the legal profession. See section 3 of the legal practitioners act (LPA). The BOB is responsible for the formal admission of lawyers into the Nigerian bar, following their successful completion of legal education. The body of benchers includes senior legal practitioners, judges, and other distinguished members of the profession and their function is to ensures that individuals admitted to the bar are fit to practice law. It also has disciplinary powers and plays a role in regulating the conduct of legal practitioners. See the case of Udofia v Afia [1988] 3 NWLR (Pt. 94) 431 where the court recognized the body of benchers as the final authority in matters concerning the call to the Nigerian bar and the admission of legal practitioners.
  5. Supreme court of Nigeria: The supreme court plays a supervisory role in regulating the legal profession, particularly concerning the admission of legal practitioners and their conduct. Lawyers in Nigeria are called to the bar by the supreme court, and their names are entered into the roll of legal practitioners. See section 2(1) of the legal practitioners act (LPA) which provides that only persons whose names appear on the roll are entitled to practice law in Nigeria. The supreme court controls this roll and has the power to strike off the names of erring legal practitioners on the recommendation of the LPDC. See the case of Chief Gani Fawehinmi v Nigerian Bar Association (No. 1) [1989] 2 NWLR (Pt. 105) 494 where the supreme court affirmed its authority over the call to the bar and disciplinary actions affecting legal practitioners.
  6. Council of legal education (CLE): The council of legal education is responsible for the education and training of prospective legal practitioners in Nigeria. It administers the Nigerian law school, which all prospective lawyers must attend before they can be called to the Nigerian bar. The CLE sets the curriculum for the Nigerian law school, conducts the bar examinations, and ensures that students are adequately trained in the ethics and skills required for legal practice. See section 1 of the legal education (consolidation, etc.) act and plays a vital role in ensuring that only qualified individuals are admitted to the bar.
  7. Legal practitioners privileges committee (LPPC): The legal practitioners privileges committee (LPPC) is responsible for the conferment of the rank of senior advocate of Nigeria (SAN) on deserving legal practitioners. This rank is awarded based on merit and outstanding contributions to the development of law and legal practice in Nigeria. The LPPC is tasked with reviewing applications for the conferment of SAN, ensuring that candidates meet the requirements for this prestigious title. See section 5 of the legal practitioners act (LPA).

CONCLUSION

The regulation and control of the legal profession in Nigeria involve several bodies, each playing a specific role to ensure that legal practitioners adhere to high ethical and professional standards. The interaction of these bodies ensures that the legal profession in Nigeria maintains its integrity, with mechanisms for discipline, education, and continuous professional development. The role of the courts, particularly the supreme court, further solidifies the framework for maintaining accountability within the profession.