The Current Day Reality Of The State Of Legal Education In Nigeria; Prospects, Challenges & Productive Way Forward. By Bello Olanrewaju

“We need to raise the standard of legal education in
Nigeria. The standard is too poor and too weak, and we see it in
the quality of lawyers that come to our chambers”.[1]

The above were the words of the former chair of the NBA[2] while describing the pitiable state of legal
education in Nigeria which is clearly on its death throes. It is
saddening that the framework for legal education in the country
which has served the country for over five decades appears to be
gasping for its last breath. The challenges bedeviling legal
education in Nigeria, resulting in the low quality we now have, are
multifarious. However, these challenges are not without practical
solutions. Thus, against the foregoing backdrop, this paper
examines the current day reality of the state of legal
education in Nigeria; prospects,
challenges and productive way
forward for legal education in the country.

For ease of comprehension, this paper will first examine legal
education in Nigeria before discussing its challenges and
innovative solutions to these impediments respectively.

• LEGAL EDUCATION IN NIGERIA: The present form
  of western legal education in Nigeria is not without strong
  historical antecedents. Its evolution could be traced to the
  Unsworth Committee on Higher Education
  which proposed certain recommendations.[3]

The above, formed the foundations upon which legal education in
Nigeria now sits. Essentially, the education of a prospective
lawyer commences at the university[4] where he is
made to undertake at least twelve compulsory law subjects and
several electives.[5]

Note that the legal education at this stage is majorly regulated
by the NUC.[6]

The Council of Legal Education (CLE) on the other hand is
charged with the legal education of law school students, and the
issuance of qualifying certificates to those who passed bar
examinations.[7]

• CHALLENGES OF LEGAL EDUCATION: The problems
  plaguing legal education in Nigeria include the following:

1. CONSERVATIVE CURRICULUM: Notwithstanding the
   NUC’s mandate to frequently revise the undergraduate law
   curricular, the truth is a lot is still left to be desired. Thus,
   the curriculum in many Nigerian law faculties remains largely
   uniform and unchanged.[8] The average course
   offerings in a Nigerian law faculty are only about 40 in contrast
   to the over 70 offered in foreign universities.[9]
   Only traditional law courses[10] are being
   offered in many of our law faculties. Attention is not being paid
   to emerging areas of law. The consequence of this is that the law
   graduate of a Nigerian university is not globally competitive in an
   evolving legal practice. We must bear in mind the words of
   Friedman who observed thus:

“It would be tragic if the law were so petrified as
to be unable to respond to the unending challenge of evolutionary
or revolutionary changes in society.”[11]

The” law” as used by Friedman above refers to
our own legal curriculum which has failed to respond to societal
flux.

1. INADEQUATE FACILITIES: The inadequacy of
   infrastructural facilities is another challenge of legal education
   in Nigeria. Most of the lecture theatres have decrepit facilities
   like poor furniture. This challenge is the most visible among many
   law faculties. Only very few law faculties in private universities,
   possess an ICT driven lecture theatre with access to visual
   apparatus for lectures. This deters students from attending
   lectures, resulting in poor performances.

1. EXCESS WORK LOAD: Many law faculties in
   Nigeria are understaffed which has made many lecturers to be
   burdened with more tasks than they can reasonably undertake. It is
   not uncommon for law lecturers to handle well over five courses
   which is being offered by over 300 students[12].
   Many law faculties are in breach of the standard student to
   lecturer ratio of 30:1.[13] Below is a
   table of the student to lecturer ratio in the five pioneer
   universities: 

Source[14]

The above table clearly shows the staff deficit which is
resulting in excess work load for Nigerian law lecturers.

1. TRADITIONAL TEACHING METHODS: Teaching in many
   of Nigeria’s law faculty do not embrace modern teaching
   methodologies.[15] Rather many law lecturers
   stick to the archaic system of note dictating. This has adversely
   affected the manner which students learn, and hampered quality
   legal education.

1. PROLIFERATION OF LAW FACULTIES AND BREACH OF ADMISSION
   QUOTA: Today, there are over 35 law faculties in Nigeria.
   This has resulted in an increase in the number of students studying
   law in universities with no corresponding staff increment.[16] This has resulted in low quality of output by
   overworked academics. Closely allied with the above is the mindless
   breach of admission quotas by universities. Many Nigerian varsities
   breach their stipulated admission in excess of over 50
   students.[17] This has resulted in the inability
   of available facilities to cater for student populace.

1. LOW FUNDING: There is no doubt that adequate
   funding is a prerequisite to a qualitative legal education because
   quality education is a very expensive enterprise.[18] However in Nigeria, education is generally
   underfunded and legal education has not proven immune to this
   scourge. This has made the NLS[19] to
   increase its tuition to sustain herself internally.[20] Low funding has also made universities lose
   seasoned teachers who are not adequately remunerated.[21]

• PROSPECTS OF LEGAL EDUCATION:

Notwithstanding the above challenges, legal education in Nigeria
still has the following prospects:

1. Increased funding
2. Balanced student to lecturer ratio
3. Adequate infrastructural facilities
4. Technology dependent lecture methods
5. Improved Academic performance.

These prospects cannot come to fruition without workable
solution proffered hereunder.

• PRODUCTIVE WAY FORWARD: Accordingly, this
  paper has proposed a FIVE FINGER APPROACH which
  embodies the following:

1. INDEPENDENT CURRICULUM REVIEW: Independent
   curriculum review, means that law faculties should be given
   latitude to review subjects which they offer annually. Thus, apart
   from the compulsory courses already approved by the CLE as
   pre-requisites for law school admission, faculties should be given
   power to introduce course which reflect societal change. This will
   equip the 21^st century Nigerian law graduate with the
   knowledge for today’s legal market and also eliminate the tardiness
   associated with the NUC curriculum review.

1. PENALTY FOR BREACH OF QUOTA: Many Nigerian
   universities are in breach of admission quotas. A solution to this
   challenge is the imposition of penalties like the suspension of the
   faculty programme, and in extreme cases, disaccreditation of
   repetitive offenders. This will ensure that the already existing
   infrastructural and human facilities can cater for the students
   pending the expansion of facilities. Additionally, this will ensure
   a balanced lecturer to student ratio.

1. IMPROVED FUNDING: A scholar in showing the
   correlation between low funding and low quality of legal education
   had this to say:

“The NUC has no moral justification for prescribing
minimum standards which must be attained by the very faculties that
are starved of funds necessary for attaining those
standards”[22]

Considering the above, government should increase its allocation
to the educational sector. This should translate into better
infrastructural facilities which will improve legal education.
Coupled with this, improved funding will guarantee higher
remuneration for law lecturers, which will in turn increase
motivation and attract high quality man power which will reduce
lecturers work load.

1. INCORPORATION OF ICT[23] INTO
   TEACHING: Although the Nigerian law school is changing the
   manner in which law is taught through the introduction of
   PowerPoint presentations by students, this could still be improved.
   Universities should have standard legal data bases which will aid
   research for both students and lecturers alike.[24] Video conferencing holds a lot of promise in
   this regard. It helps to add comparative flavor in the curricula as
   international speakers could share their resource to students and
   lecturers in developing countries like Nigeria. This will improve
   academic performance of students.

1. CONTINUING LEGAL EDUCATION: According to
   Henry Ford;

“He who stops learning is old, whether at twenty or
eighty. Anyone who keeps learning stays young”[25]

Premised on the above, the place of continuous learning cannot
be overemphasized in order to ensure relevance of students and
practitioners alike. This will ensure that legal practitioners do
not lose touch with modern realities of a competitive legal
practice. Professional examinations in emerging areas[26] of law should be introduced, and the fees
should be subsidized to encourage enrolment.

• CONCLUSION: This paper has examined legal
  education and its challenges in Nigeria. It has also provided
  workable solutions to obviate impediments to legal education in
  Nigeria. It is hoped that this work will contribute to the body of
  scholarly works which explains how education of lawyers can be
  improved in Nigeria, thus improving legal practice.

Conclusively, in revamping our legal education, we must not
forget the words of Justice Onalaja who
emphasized that:

“A lawyer can only be as good as the system of legal
education that produced him.”[27]

[1]Guardian.ng/features/nba-president-mahmoud-laments-quality-of-nations-legal-education/amp(last
accessed 5:26pm, 13^th day of December, 2018)

[2] Nigerian Bar Association

[3] The following recommendations were made; (1)
Nigeria should establish its own system of legal education; (2) A
law school to be known as the Nigerian Law School, be established
in Lagos to provide vocational training to legal practitioners as
barristers and solicitors. (3) The qualification
for admission to legal practice in Nigeria should be a degree in
law of any university whose course is recognized by the Council of
Legal Education, and the vocational course as prescribed by the
council.; and (4) A Council of Legal Education should be
established. See generally Legal Education and Challenges of
Contemporary Developments in Nigeria; Bagan A. Bukar, International
journal of clinical legal education. See also the Report
of the Committee on the Future of the Nigerian Legal Profession
(Lagos, Federal Government Press, 1959)

[4] A.O. Obilade, Nigerian Legal System

[5] These courses include; Legal Methods, 
Constitutional Law, Law of Contract, Criminal Law, Commercial Law,
Equity and Trusts, Law of Evidence, Land Law, Nigerian Law of
Torts, Nigerian legal System, Jurisprudence and Law of Business
Associations

[6] The National Universities Commission
periodically reviews the undergraduate law courses to be offered by
students in order to ensure that the law curriculum meets the
current needs of an ever changing society. See S.4 &18 of the
NUC Act Cap.N81 &E3 LFN, 2004. See also NUC Benchmark Minimum
Academic Standard which requires curriculum review every five
years.

[7] S.1(2) of the Legal Education Consolidation
Act

[8] Ibid. pg. 132

[9] According to a survey of legal education and
admission to the bar 1992-2002, the average number of course
offerings in a law faculty in U.S.A is not less than 84.

[10] Such as land law, constitutional law,
contract law etc.

[11][11] W. Friedman: Law in a changing
Society, ( Stevens & Sons 1959)

[12] Ibid pg. 136

[13] Abaud.edu.ng/10069-2/ (last accessed
5:21am, 14^th of December, 2018)

[14] “Rethinking Essential Toolkits of
Legal Education in Nigeria”; being a lecture delivered by Dr. Tahir
Mamman (director general of Nigerian law school) on the occasion of
founder’s week at Afe Bbabalola University on Monday,
20^th day of February, 2012. For electronic access, see;
abuad.edu.ng/10069-2/ (last accessed, 5:34am, 14^th day
of December, 2018)

[15] Such as power point interactive
session, submission of online assignments within a specific time
frame, online lectures etc. Ibid. pg. 134

[16] Ibid. pg. 132

[17] Abuad.ed.ng/10069-2/

[18] Aare Afe Babalola made the remark at
the commencement of the 48^th conference of the Nigerian
association of law teachers conference in Afe Babalola University,
Ado-Ekiti. www.abuad.edu.ng/babalola-advocates-council-of-legal-education-to-be-examining-body-only-^[1]
(last accessed 2:03pm, 14th of December, 2018)

[19] Nigerian Law School

[20] The consequence of this is that many
law students have to borrow loans to attend NLS

[21] C.O. Okonkwo, ‘ A Historical overview
of legal education in Nigeria. “

[22] H.Umozurike & F. Nlerum, “National
universities commission minimum standards and legal education in
Nigeria” in proceedings of the 30^th annual conference of
the Nigerian association of law teachers held at Gateway Hotel,
Ijebu-Ode (27^th-28^th, April, 1992)

[23] Information and communication
technology

[24] A good example is LEXIS and WESTLAW
which is used in many advanced countries.

[25] www.brainyquote.com^[2]
(last visited 3:00pm, Jan. 1^st, 2019)

[26] Sports law, entertainment law, health
law etc.

[27] Hon Justice M.O. Onalaja, paper,
Problem of Legal Education in Nigeria. He was of the opinion that;
“Legal education-academic as well as vocational is a vital
ingredient that affects the quality of our justice system and the
role of lawyers in the political, economic and social development
of our country. We see this daily in relation to litigation where
the role of lawyers is most visible. The quality of judicial
decisions and the coherence of of the reasoning underlying a
judgment depend upon the quality of argument presented to the court
and upon the ability of the judge. All these depend upon the
quality of our legal education”