“Affidavit, sir your affidavit, get your affidavit
here.”
The above are cries made (on the road) to the public for the
sale of an affidavit. (Yes, an affidavit is sold on the road in
Nigeria.) Cries made by a new breed of legal practitioners: the
somewhat experienced-in-legal-matters, but not law school-trained
roadside lawyers.
You will find these “lawyers” littered all over the various
courts in Lagos, calling, advertising, sometimes even harassing
(once, I was belligerently accosted by 3 of such people) members of
the public, to come and purchase their “product.” And they do this
unhindered and undisturbed. It makes you wonder if they are
authorised to do so.
The affidavit – a legal document – has now become a roadside
commodity, with the same status of the Gala (a popular sausage-roll
snack). The only difference between the two is, the former isn’t
edible and is more expensive than the latter, 20 times more
expensive! Prices for these “roadside affidavits” are as high as
N1,000. This is money that should be going to us – the
professionals, but instead is going into the pockets of these
ubiquitous individuals.
Unfortunately, we the lawyers have come to accept these other
breed of “lawyers,” sometimes even patronising them. We now see
them as part of our legal system; a fixture that cannot be
removed.
In Ikeja, for instance, from LASUTH (Lagos State University
Teaching Hospital) to the High Court, and even extending to the Old
Secretariat road, you will find these people (in droves) patrolling
both sides of the road, soliciting for customers.
Going to the court, I always wonder if this is normal, or even
legal at that. What I and others studied for a tortuous 6
(unnecessary) years plus (some, 7 years plus), a fellow wakes up
one morning, gets an old worn-out typewriter/laptop from somewhere,
and starts churning out affidavits on the go. This is akin to
infringing on one’s copyright. In our case, it’s infringing on our
right to make a living from our profession.
The Law
The relevant law on this issue is the Legal Practitioners Act
1975. Section 2 and 22 are both instructive.
Section 2 provides for those who are entitled to practise as a
barrister and solicitor in the country. Chief among these persons
is the one whose “name is on the roll.” The “roll” being the
Supreme Court’s register where all lawyers who have been called to
the bar, must enter their names and details. From this, one vital
question must be asked: what does it mean to practise as a
barrister and solicitor?
In answering this, the Legal Practitioners Act will be of little
help as there is no definition of what it means to practise as a
barrister or solicitor, which is strange, to say the least. But we
can fashion out a definition from the Rules (Rules of Professional
Conduct 2007) made to support the Act.
Rules 9 and 10 would aid us in our endeavor.
Both rules provide that a lawyer shall not sign legal
documents if: (1) such lawyer has not paid the required practising
fees (rule 9), and (2) such lawyer did not affix the stamp and seal
on the document (rule 10). Rule 10 goes further to define what
legal documents are, and includes in its definition: affidavits.
One can safely infer from these provisions that one of the rights
of a lawyer is the preparation and signing of legal documents. But
sadly both the Act and Rules are silent on the preparation aspect
of such affidavits, and other legal documents defined. The Act,
being the substantive law, in particular, is guilty of this.
Section 22 of the Act provides for offences and the attendant
punishment. Subsection (1) makes it an offence for any person who
isn’t a legal practitioner to practise, or present himself to
practise as one. On the surface, this looks good, and would to seem
to protect us. But the important question which the Act fails to
answer is: what does it mean or entail to practise as a legal
practitioner? This omission of the Act negates the intention and
effectiveness of the section. Thus, the situation we have where
non-lawyers prepare affidavits to the detriment of the lawyers.
Still on section 22, under paragraph (d) of subsection (1), it
seems that these “lawyers” are even given some legal backing.
Paragraph (d) states that a non-lawyer shall not:
prepare for or in expectation of reward any instrument relating
to immovable property, or relating to or with a view to the grant
of probate or letters of administration, or relating to or with a
view to proceedings in any court of record in Nigeria.
To my mind, this paragraph is faulty as it sets out definitively
only 3 types of legal documents that non-lawyers are prohibited
from preparing: one, instruments relating to immovable property;
two, instruments relating to probate/LA matters, and three,
instruments relating to court proceedings. The obvious questions
from this: what of instruments not relating to court proceedings?
Ex: affidavits not used in court proceedings, which is the
specialty of these roadside “lawyers.” What of other legal
situations outside of the three mentioned, which would require the
preparation of legal documents? Ex: instruments relating to movable
property. Are the rest of the public then allowed to prepare such
documents? Seemingly so. The Act’s silence on these questions and
more amounts to acquiescence.
Coming to the punishment provision under this section (22), the
law, once more, leaves much to be desired. The commission of any of
the offences listed under the section attracts a N200 fine and/or 2
years imprisonment. This is insufficient, and does not in any way
reflect the gravity of the offence. An option of N200 fine for
people making N1000 per affidavit is laughable; two years
imprisonment is as well.
The Opinion
How did we find ourselves in this situation? I cannot say for
sure. What I can say is that the practice of such closes a source
of income to us, and if left unchecked could, in the future result
in more “closures,” from other sources.
The Legal Practitioners Act as the law regulating lawyers and
the profession, is the starting point; it needs to be reviewed and
amended accordingly. It does not adequately protect us, or our
profession. By not defining what it means to practise as a
barrister and solicitor, it enables non-lawyers to take up some of
our jobs, and their accompanying revenue. Also, section 22 of the
Act needs to be amended. As mentioned above, subsection (1) does
little to correct the omission of not defining what it means to
practise as a barrister and solicitor. Instead, it only compounds
to it. This is evidenced by paragraph (d), which in essence makes
it possible for the “uninitiated” to prepare legal documents.
Another way this problem can be addressed is through the
leadership of the NBA (Nigeria Bar Association). As the body set up
and empowered to protect all lawyers, it should, as a matter of
urgency, look into this issue and make a strong pronouncement on
it. It should declare such practices illegal. This would make these
people think twice before they brandish their A4 papers and
typewriters. The NBA (with the input of all its lawyers) can also
review the current Act, and prepare necessary amendments and
forward them to the National Assembly for consideration.
Our profession is an exclusive one, and this exclusivity should
be maintained at all costs. An affidavit (and any legal document at
that) should only be prepared by a legal practitioner; no one else
should do so.
If today we allow a layman to prepare affidavits for sale,
tomorrow it will be pleadings and notices of appeal; and the next,
wills and written addresses!
My learned friends, we must strive to protect this our
noble profession. Because the implications of not doing so
are unimaginable.
The world and technology is moving fast, and if we don’t watch
out, one day our services may no longer be needed.
I remain a minister in the temple of justice.
© L. Attoh Esq. [2018]
“Affidavit, sir your affidavit, get your affidavit
here.”
The above are cries made (on the road) to the public for the
sale of an affidavit. (Yes, an affidavit is sold on the road in
Nigeria.) Cries made by a new breed of legal practitioners: the
somewhat experienced-in-legal-matters, but not law school-trained
roadside lawyers.
You will find these “lawyers” littered all over the various
courts in Lagos, calling, advertising, sometimes even harassing
(once, I was belligerently accosted by 3 of such people) members of
the public, to come and purchase their “product.” And they do this
unhindered and undisturbed. It makes you wonder if they are
authorised to do so.
The affidavit – a legal document – has now become a roadside
commodity, with the same status of the Gala (a popular sausage-roll
snack). The only difference between the two is, the former isn’t
edible and is more expensive than the latter, 20 times more
expensive! Prices for these “roadside affidavits” are as high as
N1,000. This is money that should be going to us – the
professionals, but instead is going into the pockets of these
ubiquitous individuals.
Unfortunately, we the lawyers have come to accept these other
breed of “lawyers,” sometimes even patronising them. We now see
them as part of our legal system; a fixture that cannot be
removed.
In Ikeja, for instance, from LASUTH (Lagos State University
Teaching Hospital) to the High Court, and even extending to the Old
Secretariat road, you will find these people (in droves) patrolling
both sides of the road, soliciting for customers.
Going to the court, I always wonder if this is normal, or even
legal at that. What I and others studied for a tortuous 6
(unnecessary) years plus (some, 7 years plus), a fellow wakes up
one morning, gets an old worn-out typewriter/laptop from somewhere,
and starts churning out affidavits on the go. This is akin to
infringing on one’s copyright. In our case, it’s infringing on our
right to make a living from our profession.
The Law
The relevant law on this issue is the Legal Practitioners Act
1975. Section 2 and 22 are both instructive.
Section 2 provides for those who are entitled to practise as a
barrister and solicitor in the country. Chief among these persons
is the one whose “name is on the roll.” The “roll” being the
Supreme Court’s register where all lawyers who have been called to
the bar, must enter their names and details. From this, one vital
question must be asked: what does it mean to practise as a
barrister and solicitor?
In answering this, the Legal Practitioners Act will be of little
help as there is no definition of what it means to practise as a
barrister or solicitor, which is strange, to say the least. But we
can fashion out a definition from the Rules (Rules of Professional
Conduct 2007) made to support the Act.
Rules 9 and 10 would aid us in our endeavor.
Both rules provide that a lawyer shall not sign legal
documents if: (1) such lawyer has not paid the required practising
fees (rule 9), and (2) such lawyer did not affix the stamp and seal
on the document (rule 10). Rule 10 goes further to define what
legal documents are, and includes in its definition: affidavits.
One can safely infer from these provisions that one of the rights
of a lawyer is the preparation and signing of legal documents. But
sadly both the Act and Rules are silent on the preparation aspect
of such affidavits, and other legal documents defined. The Act,
being the substantive law, in particular, is guilty of this.
Section 22 of the Act provides for offences and the attendant
punishment. Subsection (1) makes it an offence for any person who
isn’t a legal practitioner to practise, or present himself to
practise as one. On the surface, this looks good, and would to seem
to protect us. But the important question which the Act fails to
answer is: what does it mean or entail to practise as a legal
practitioner? This omission of the Act negates the intention and
effectiveness of the section. Thus, the situation we have where
non-lawyers prepare affidavits to the detriment of the lawyers.
Still on section 22, under paragraph (d) of subsection (1), it
seems that these “lawyers” are even given some legal backing.
Paragraph (d) states that a non-lawyer shall not:
prepare for or in expectation of reward any instrument relating
to immovable property, or relating to or with a view to the grant
of probate or letters of administration, or relating to or with a
view to proceedings in any court of record in Nigeria.
To my mind, this paragraph is faulty as it sets out definitively
only 3 types of legal documents that non-lawyers are prohibited
from preparing: one, instruments relating to immovable property;
two, instruments relating to probate/LA matters, and three,
instruments relating to court proceedings. The obvious questions
from this: what of instruments not relating to court proceedings?
Ex: affidavits not used in court proceedings, which is the
specialty of these roadside “lawyers.” What of other legal
situations outside of the three mentioned, which would require the
preparation of legal documents? Ex: instruments relating to movable
property. Are the rest of the public then allowed to prepare such
documents? Seemingly so. The Act’s silence on these questions and
more amounts to acquiescence.
Coming to the punishment provision under this section (22), the
law, once more, leaves much to be desired. The commission of any of
the offences listed under the section attracts a N200 fine and/or 2
years imprisonment. This is insufficient, and does not in any way
reflect the gravity of the offence. An option of N200 fine for
people making N1000 per affidavit is laughable; two years
imprisonment is as well.
The Opinion
How did we find ourselves in this situation? I cannot say for
sure. What I can say is that the practice of such closes a source
of income to us, and if left unchecked could, in the future result
in more “closures,” from other sources.
The Legal Practitioners Act as the law regulating lawyers and
the profession, is the starting point; it needs to be reviewed and
amended accordingly. It does not adequately protect us, or our
profession. By not defining what it means to practise as a
barrister and solicitor, it enables non-lawyers to take up some of
our jobs, and their accompanying revenue. Also, section 22 of the
Act needs to be amended. As mentioned above, subsection (1) does
little to correct the omission of not defining what it means to
practise as a barrister and solicitor. Instead, it only compounds
to it. This is evidenced by paragraph (d), which in essence makes
it possible for the “uninitiated” to prepare legal documents.
Another way this problem can be addressed is through the
leadership of the NBA (Nigeria Bar Association). As the body set up
and empowered to protect all lawyers, it should, as a matter of
urgency, look into this issue and make a strong pronouncement on
it. It should declare such practices illegal. This would make these
people think twice before they brandish their A4 papers and
typewriters. The NBA (with the input of all its lawyers) can also
review the current Act, and prepare necessary amendments and
forward them to the National Assembly for consideration.
Our profession is an exclusive one, and this exclusivity should
be maintained at all costs. An affidavit (and any legal document at
that) should only be prepared by a legal practitioner; no one else
should do so.
If today we allow a layman to prepare affidavits for sale,
tomorrow it will be pleadings and notices of appeal; and the next,
wills and written addresses!
My learned friends, we must strive to protect this our
noble profession. Because the implications of not doing so
are unimaginable.
The world and technology is moving fast, and if we don’t watch
out, one day our services may no longer be needed.
I remain a minister in the temple of justice.
© L. Attoh Esq. [2018]
Read more https://nairalaw.com/roadside-lawyers-and-the-galaffidavit-equation-by-lotanna-attoh/