Justice Reform Project (JRP) Faults 2020 Legal Practitioners Bill

The Body of Benchers is seeking to check the legal profession’s
declining standards by replacing the Legal Practitioner Act, 2004
with an improved Legal Practitioners Bill 2020. But the Justice
Reform Project (JRP) believes the bill is a self-serving and
retrogressive attempt by senior lawyers to give the power of
control and regulation of the profession to senior lawyers.

The Justice Reform Project is a coalition of Nigerians across
the legal profession, civil society and the general public who are
stakeholders in a justice system which works efficiently,
effectively and equitably. JRP’s mission is to activate actors and
stakeholders (including the public users of legal services and the
system of justice as well as legal practitioners) to transform the
culture, values, ethics and quality of justice delivery in
Nigeria.

We are deeply concerned at a Bill proposed by the body known as
the Body of Benchers to replace the Legal Practitioner Act CAP L11,
Laws of the Federation of Nigeria, 2004 and to re-enact a new Legal
Practitioners Act “…to provide for reforms and regulate the legal
profession…”.

Our concern is two-fold. The first is that the legal profession
and its stakeholders are widely ignorant of this far-reaching piece
of legislation which has not been ventilated or discussed even by
branches of the Nigeria Bar Association.

Secondly, because in our estimation the Bill is replete with
self-serving and retrogressive provisions which will prejudice the
public interest in a strong, effective and independent legal
profession.

Analysis

The effect of the Bill is to give the power of control and
regulation of the legal profession to the Body of Benchers through
its various Committees (as identified in the First Schedule of the
proposed Bill). It further states that the Body of Benchers ‘shall
determine the terms of reference, regulations and mode of
appointment, tenure, quorum and manner of meetings of each
Committee.
The proposed powers of the Body of Benchers are set out in section
1(2) of the Bill and include:
(a) Call to the Bar of eligible candidates.

(b) Taking all measures which appear to it to be necessary or
expedient for maintaining at all times the traditional values and
wellbeing of the legal profession.

(c) The exercise of disciplinary jurisdiction over members of
the legal profession.

The proposed membership of the Body of Benchers under section
1(3) of the Bill is to now also include:
(i) President of the National Industrial Court

(ii) Life Benchers

(iii) The President of the Senate (if a lawyer)

(iv) The Speaker of the House of Representatives (if a
lawyer)

(v) Chairmen of the National Assembly Committees on Judiciary
(if they

are lawyers).

(vi) 20 Legal practitioners nominated by NEC of NBA with a
minimum of 15 years’ post call and 5 may be Law Teachers (reduction
of 10 from the current position).

Section 1(9) of the Bill gives power to the Body of Benchers to
create a Caretaker Committee of the NBA where any of the scenarios
in section 1(8) of the Bill come into play including where there is
a dispute among members of the NEC of the Nigeria Bar Association
and it is impossible or impractical for the NEC to undertake or
continue the function of managing the affairs of the NBA.
By Section 4 of the Bill – the Body of Benchers is funded by the
Federal Government through the National Judicial Council.
Section 5(1) of the Bill sets out the composition of the Bar
Council and includes:
(i) The Chairman is the Attorney General of the Federation

(ii) Two Past Presidents of Nigeria Bar Association

(iii) Six Attorneys-General of States

(iv) Six eminent members of the Bar

(v) A retired Justice of the Court of Appeal

(vi) Six Senior Advocates of Nigeria

Section 11 of the Bill prescribes Pupillages
(i) From commencement of Act every person has to undertake a 2-year
pupillage in the offices of an experienced legal practitioner.

(ii) Any person not undertaking two-year pupillage shall not be
entitled to commence practice as a sole practitioner or set up
alone, in partnership or other arrangements with other legal
practitioners.

(iii) Body of Benchers shall make rules and set up criteria for
the conduct of pupillage for new entrants to the Bar.

(iv) Body of Benchers shall develop and maintain a Pupillage
Handbook dealing

with structure and duration of programme, fair treatment and
selection of pupils, duties, training and responsibility of pupil
supervisors, support and advice for pupils, complaints procedure
and remuneration of the pupil.

(v) Division set up to be responsible for pupillage programme
and qualify legal practitioners as pupil supervisors.

Section 12 of the Bill gives responsibility of the Body of
Benchers to set standards, inspect, accredit and approve law
offices of legal practitioners
Section 15 of the Bill – Rules to allow foreign lawyers to practice
in Nigeria under regulations to be made by the Chief Justice of
Nigeria after consultation with the Body of Benchers. The Section
refers to and defines “friendly jurisdictions”.
Section 17 of the Bill repeals the LPA 1975 as amended. Other
highlights are outlined below:

First Schedule

Adds the General Council of the Bar to its list of
Committees
Legal Practitioners Disciplinary Committee – changes the numbers of
those on the committee and adds that the Body of Benchers has the
power to add additional members as it sees fit. The Chief Justice
of Nigeria will make the rules of proceedings and the procedure to
be followed.
It prescribes penalties for unprofessional conduct;
Affirms, disciplinary jurisdiction of Supreme Court
And Restoration of names to Roll
Second Schedule

Legal Practitioners Privileges Committee, is to include Life
Benchers as appointed by Chairman, Body of Benchers
Adds a Legal Practitioners Remuneration Committee – appointments
made by the Attorney General of the Federation
Clients’ Accounts added
Deals with unauthorised practice of law.
Problem with the Bill

The Justice Reform Project views this Bill as an urgent threat
to a profession that is already failing in professional output,
structure and ethics.

The proposed Bill gives overall regulatory authority over the
legal profession to the Body of Benchers. The Bill makes no
reference to what its regulatory objectives are but rather usurps
the role of both the Nigerian Bar Association and the Bar Council.
What is extraordinary about the Bill is that it decreases the
numbers of legal practitioners eligible for membership of the Body
of Benchers down to 20 from 30 but allows the legislative arm of
Government to become members of the Body if they are lawyers i.e.,
the Senate President, the Speaker of the House and the Chairmen of
the National Assembly Committees on Judiciary. The Speaker of the
House of the House of Representatives, the Chairman of Senate
Committee on Judiciary, Human Rights and Legal matters and the
Chairman of the Federal Judicial Committee (House of
Representatives) would be eligible to take their place on the Body
of Benchers.

This has far-reaching consequences on the issue of independence,
for example, should member(s) of the legal profession do or say
anything the Government perceives as being a challenge to its
authority or that they just do not like it can use its influence
within the Body of Benchers to take action against that / those
legal practitioners!!

There are other extremely concerning features of the
Bill.
a) Firstly, the power of the Body of Benchers to take over the
functions of the Nigerian Bar Association by the formation of a
Caretaker Committee in the circumstances outlined in section 1(8)
of the proposed Bill. Section 1(9)(b) gives the Body of Benchers
the sole power to decide who will be appointed to the Caretaker
Committee.
b) Secondly, it is proposed that the Body of Benchers as a
regulator is to be funded by the Federal Government through the
National Judicial Council. This in itself is of grave concern and
begs the question of how it can act as a regulator of the legal
profession when its paymaster is the Federal Government (this has
implications for independence and transparency). If members of the
legal profession do or say anything the Government perceives as
being a challenge to its authority or that they just do not like it
can use its influence within the Body of Benchers to take action
against that legal practitioner!!
c) Thirdly, the composition of the Bar Council is of real concern
for a number
of reasons but by far the most concerning is that the Body of
Benchers will be in total control of who is appointed to the
Council – there is absolutely no transparency of the criteria for
appointments e.g., what is meant by ‘eminent’ members of the
Bar?

Regulation of the legal profession is extremely important and as
such the regulatory authority must set out and abide by regulatory
objectives i.e.
(a) to maintain public confidence in the provision of legal
services;

(b) to promote and protect public and consumers interest;

(c) to promote the rule of law and improve access to
justice;

(d) to recognize and preserve the status of the legal
profession;

(e) to ensure the independence, integrity and honour of members
of the legal

profession;

(f) to increase public understanding of the citizen’s legal
rights and duties;

(g) to encourage an independent, strong, diverse and effective
legal profession;

(h) to establish and maintain standards for the continued
education, competence and responsibility of members of the legal
profession and notaries public; and

(i) to promote transparency, proportionality and efficiency in
the regulation of the legal profession.

The Body of Benchers in its current format is a relic of its
colonial past. It should not be the gatekeeper of the legal
profession when it comes to reform or regulation of the profession.
Its role can be as no more than a stakeholder in any discussions.
The whole concept of the Benchers system comes from the Inns of
Court in England (Gray’s Inn, Lincoln’s Inn, Inner Temple and
Middle Temple). Each Inn has Benchers who make up the governing
body and appoints new Benchers (on a nomination basis) from its
existing Barrister members. The Inns do have Honorary Bencher
appointments for persons who are not members of the Inn but have
achieved distinction in any area of public or professional life
relevant to the interests of members of the Inn. The Inns have
supervisory and disciplinary functions over its members each Inn
also provides libraries, dining facilities, professional
accommodation, education and training to its student and junior
barrister members.

Nigeria does not have the system of the Inns of Court and it is,
therefore, right to question the whole concept of the Body of
Benchers. In the perception of students studying at the Law Schools
it represents no more than an opportunity for the Benchers to dress
up and show the level of elitism that exists in the profession in
Nigeria. By contrast Benchers in the four Inns, sit on various
committees for the administration of the respective Inn, including
scholarship award panels, discipline, advocacy training and of
course call ceremonies for successful students. In its current
form, it is totally not fit for the purpose and there ought to be a
reform of the Body of Benchers.

In 2018 a draft Bill was prepared with wholesale reform of the
legal profession including the establishment of the “Legal
Profession Regulation Council of Nigeria” setting out its function
and composition – the composition was inclusive of all stakeholders
in the legal profession and included lay members on the basis of
selflessness, integrity, objectivity, accountability, openness,
honesty and leadership (7 principles of public life).
Proposals were set out for funding the Council that did not involve
funding from the Federal Government and the Council would be run by
a Chief Executive through its Secretariat. It was proposed that a
number of Committees would be set up within the Council of which
the Body of Benchers would be one of them – its role was to be
responsible for formal Call to the Bar of persons seeking to become
legal practitioners including all measures which appear to it to be
necessary for maintaining the traditional values of the legal
profession.

Appointment to the Body and any of the other 10 committees would
be on the basis of the 7 principles of public life.

The 2018 draft bill was extremely keen on transparency and the
concept of independence which are totally lacking in the Bill
proposed by the Body of Benchers which has all the hallmarks of
wanting the opposite of transparency and independence! – keeping
control of the legal profession to the political and judicial
elite.

The Body of Benchers is seeking to check the legal profession’s
declining standards by replacing the Legal Practitioner Act, 2004
with an improved Legal Practitioners Bill 2020. But the Justice
Reform Project (JRP) believes the bill is a self-serving and
retrogressive attempt by senior lawyers to give the power of
control and regulation of the profession to senior lawyers.

The Justice Reform Project is a coalition of Nigerians across
the legal profession, civil society and the general public who are
stakeholders in a justice system which works efficiently,
effectively and equitably. JRP’s mission is to activate actors and
stakeholders (including the public users of legal services and the
system of justice as well as legal practitioners) to transform the
culture, values, ethics and quality of justice delivery in
Nigeria.

We are deeply concerned at a Bill proposed by the body known as
the Body of Benchers to replace the Legal Practitioner Act CAP L11,
Laws of the Federation of Nigeria, 2004 and to re-enact a new Legal
Practitioners Act “…to provide for reforms and regulate the legal
profession…”.

Our concern is two-fold. The first is that the legal profession
and its stakeholders are widely ignorant of this far-reaching piece
of legislation which has not been ventilated or discussed even by
branches of the Nigeria Bar Association.

Secondly, because in our estimation the Bill is replete with
self-serving and retrogressive provisions which will prejudice the
public interest in a strong, effective and independent legal
profession.

Analysis

The effect of the Bill is to give the power of control and
regulation of the legal profession to the Body of Benchers through
its various Committees (as identified in the First Schedule of the
proposed Bill). It further states that the Body of Benchers ‘shall
determine the terms of reference, regulations and mode of
appointment, tenure, quorum and manner of meetings of each
Committee.
The proposed powers of the Body of Benchers are set out in section
1(2) of the Bill and include:
(a) Call to the Bar of eligible candidates.

(b) Taking all measures which appear to it to be necessary or
expedient for maintaining at all times the traditional values and
wellbeing of the legal profession.

(c) The exercise of disciplinary jurisdiction over members of
the legal profession.

The proposed membership of the Body of Benchers under section
1(3) of the Bill is to now also include:
(i) President of the National Industrial Court

(ii) Life Benchers

(iii) The President of the Senate (if a lawyer)

(iv) The Speaker of the House of Representatives (if a
lawyer)

(v) Chairmen of the National Assembly Committees on Judiciary
(if they

are lawyers).

(vi) 20 Legal practitioners nominated by NEC of NBA with a
minimum of 15 years’ post call and 5 may be Law Teachers (reduction
of 10 from the current position).

Section 1(9) of the Bill gives power to the Body of Benchers to
create a Caretaker Committee of the NBA where any of the scenarios
in section 1(8) of the Bill come into play including where there is
a dispute among members of the NEC of the Nigeria Bar Association
and it is impossible or impractical for the NEC to undertake or
continue the function of managing the affairs of the NBA.
By Section 4 of the Bill – the Body of Benchers is funded by the
Federal Government through the National Judicial Council.
Section 5(1) of the Bill sets out the composition of the Bar
Council and includes:
(i) The Chairman is the Attorney General of the Federation

(ii) Two Past Presidents of Nigeria Bar Association

(iii) Six Attorneys-General of States

(iv) Six eminent members of the Bar

(v) A retired Justice of the Court of Appeal

(vi) Six Senior Advocates of Nigeria

Section 11 of the Bill prescribes Pupillages
(i) From commencement of Act every person has to undertake a 2-year
pupillage in the offices of an experienced legal practitioner.

(ii) Any person not undertaking two-year pupillage shall not be
entitled to commence practice as a sole practitioner or set up
alone, in partnership or other arrangements with other legal
practitioners.

(iii) Body of Benchers shall make rules and set up criteria for
the conduct of pupillage for new entrants to the Bar.

(iv) Body of Benchers shall develop and maintain a Pupillage
Handbook dealing

with structure and duration of programme, fair treatment and
selection of pupils, duties, training and responsibility of pupil
supervisors, support and advice for pupils, complaints procedure
and remuneration of the pupil.

(v) Division set up to be responsible for pupillage programme
and qualify legal practitioners as pupil supervisors.

Section 12 of the Bill gives responsibility of the Body of
Benchers to set standards, inspect, accredit and approve law
offices of legal practitioners
Section 15 of the Bill – Rules to allow foreign lawyers to practice
in Nigeria under regulations to be made by the Chief Justice of
Nigeria after consultation with the Body of Benchers. The Section
refers to and defines “friendly jurisdictions”.
Section 17 of the Bill repeals the LPA 1975 as amended. Other
highlights are outlined below:

First Schedule

Adds the General Council of the Bar to its list of
Committees
Legal Practitioners Disciplinary Committee – changes the numbers of
those on the committee and adds that the Body of Benchers has the
power to add additional members as it sees fit. The Chief Justice
of Nigeria will make the rules of proceedings and the procedure to
be followed.
It prescribes penalties for unprofessional conduct;
Affirms, disciplinary jurisdiction of Supreme Court
And Restoration of names to Roll
Second Schedule

Legal Practitioners Privileges Committee, is to include Life
Benchers as appointed by Chairman, Body of Benchers
Adds a Legal Practitioners Remuneration Committee – appointments
made by the Attorney General of the Federation
Clients’ Accounts added
Deals with unauthorised practice of law.
Problem with the Bill

The Justice Reform Project views this Bill as an urgent threat
to a profession that is already failing in professional output,
structure and ethics.

The proposed Bill gives overall regulatory authority over the
legal profession to the Body of Benchers. The Bill makes no
reference to what its regulatory objectives are but rather usurps
the role of both the Nigerian Bar Association and the Bar Council.
What is extraordinary about the Bill is that it decreases the
numbers of legal practitioners eligible for membership of the Body
of Benchers down to 20 from 30 but allows the legislative arm of
Government to become members of the Body if they are lawyers i.e.,
the Senate President, the Speaker of the House and the Chairmen of
the National Assembly Committees on Judiciary. The Speaker of the
House of the House of Representatives, the Chairman of Senate
Committee on Judiciary, Human Rights and Legal matters and the
Chairman of the Federal Judicial Committee (House of
Representatives) would be eligible to take their place on the Body
of Benchers.

This has far-reaching consequences on the issue of independence,
for example, should member(s) of the legal profession do or say
anything the Government perceives as being a challenge to its
authority or that they just do not like it can use its influence
within the Body of Benchers to take action against that / those
legal practitioners!!

There are other extremely concerning features of the
Bill.
a) Firstly, the power of the Body of Benchers to take over the
functions of the Nigerian Bar Association by the formation of a
Caretaker Committee in the circumstances outlined in section 1(8)
of the proposed Bill. Section 1(9)(b) gives the Body of Benchers
the sole power to decide who will be appointed to the Caretaker
Committee.
b) Secondly, it is proposed that the Body of Benchers as a
regulator is to be funded by the Federal Government through the
National Judicial Council. This in itself is of grave concern and
begs the question of how it can act as a regulator of the legal
profession when its paymaster is the Federal Government (this has
implications for independence and transparency). If members of the
legal profession do or say anything the Government perceives as
being a challenge to its authority or that they just do not like it
can use its influence within the Body of Benchers to take action
against that legal practitioner!!
c) Thirdly, the composition of the Bar Council is of real concern
for a number
of reasons but by far the most concerning is that the Body of
Benchers will be in total control of who is appointed to the
Council – there is absolutely no transparency of the criteria for
appointments e.g., what is meant by ‘eminent’ members of the
Bar?

Regulation of the legal profession is extremely important and as
such the regulatory authority must set out and abide by regulatory
objectives i.e.
(a) to maintain public confidence in the provision of legal
services;

(b) to promote and protect public and consumers interest;

(c) to promote the rule of law and improve access to
justice;

(d) to recognize and preserve the status of the legal
profession;

(e) to ensure the independence, integrity and honour of members
of the legal

profession;

(f) to increase public understanding of the citizen’s legal
rights and duties;

(g) to encourage an independent, strong, diverse and effective
legal profession;

(h) to establish and maintain standards for the continued
education, competence and responsibility of members of the legal
profession and notaries public; and

(i) to promote transparency, proportionality and efficiency in
the regulation of the legal profession.

The Body of Benchers in its current format is a relic of its
colonial past. It should not be the gatekeeper of the legal
profession when it comes to reform or regulation of the profession.
Its role can be as no more than a stakeholder in any discussions.
The whole concept of the Benchers system comes from the Inns of
Court in England (Gray’s Inn, Lincoln’s Inn, Inner Temple and
Middle Temple). Each Inn has Benchers who make up the governing
body and appoints new Benchers (on a nomination basis) from its
existing Barrister members. The Inns do have Honorary Bencher
appointments for persons who are not members of the Inn but have
achieved distinction in any area of public or professional life
relevant to the interests of members of the Inn. The Inns have
supervisory and disciplinary functions over its members each Inn
also provides libraries, dining facilities, professional
accommodation, education and training to its student and junior
barrister members.

Nigeria does not have the system of the Inns of Court and it is,
therefore, right to question the whole concept of the Body of
Benchers. In the perception of students studying at the Law Schools
it represents no more than an opportunity for the Benchers to dress
up and show the level of elitism that exists in the profession in
Nigeria. By contrast Benchers in the four Inns, sit on various
committees for the administration of the respective Inn, including
scholarship award panels, discipline, advocacy training and of
course call ceremonies for successful students. In its current
form, it is totally not fit for the purpose and there ought to be a
reform of the Body of Benchers.

In 2018 a draft Bill was prepared with wholesale reform of the
legal profession including the establishment of the “Legal
Profession Regulation Council of Nigeria” setting out its function
and composition – the composition was inclusive of all stakeholders
in the legal profession and included lay members on the basis of
selflessness, integrity, objectivity, accountability, openness,
honesty and leadership (7 principles of public life).
Proposals were set out for funding the Council that did not involve
funding from the Federal Government and the Council would be run by
a Chief Executive through its Secretariat. It was proposed that a
number of Committees would be set up within the Council of which
the Body of Benchers would be one of them – its role was to be
responsible for formal Call to the Bar of persons seeking to become
legal practitioners including all measures which appear to it to be
necessary for maintaining the traditional values of the legal
profession.

Appointment to the Body and any of the other 10 committees would
be on the basis of the 7 principles of public life.

The 2018 draft bill was extremely keen on transparency and the
concept of independence which are totally lacking in the Bill
proposed by the Body of Benchers which has all the hallmarks of
wanting the opposite of transparency and independence! – keeping
control of the legal profession to the political and judicial
elite.