The Founding Partner Of J-K Gadzama LLP and former aspirant for
the office of the President of the Nigerian Bar Association, Chief
Joe-Kyari Gadzama, SAN, has identified the challenges confronting
legal practice in Nigeria.
![image](/2020/10/lawreport.jpg")
![image](/2021/06/Legal-Research-On-The-Go2.jpg")
Gadzama, during his paper presentation at the NBA Warri Branch
Golden Jubilee Celebration in Honor of Chief T. J. O. Okpoko on
Saturday 19th of June, 2021, said the problems include ineffective
law reporting, exploitation of young lawyers, incessant strike
actions, unauthorized encroachment into legal practice by
non-lawyers, ignorance or low knowledge of the law and delay in
justice administration amongst others.
![image](/2021/05/NBASBL2021.jpg")
The Learned Silk suggested that the best way to solve the
problems is to look into the cause of the problems and push for a
review of extant laws. He also called for the adoption of
technology in legal practice
Read the full paper below
PERSISTENT PROBLEMS IN LEGAL PRACTICE IN
NIGERIA
Being the Full Text of a Presentation
By CHIEF JOE-KYARI GADZAMA,
OFR, MFR, SAN, FNIALS, FICMC, FCIArb (UK),
Chartered Arbitrator, Of Lincolns Inn, Barrister/Life
Bencher/CEDR Accredited Mediator.
AT THE NBA WARRI BRANCH GOLDEN JUBILEE CELEBRATION IN
HONOR OF CHIEF T. J. O. OKPOKO, OON, SAN,
ALAOWEI B.C. BOZIMO AND DR. Y.O. ESOMBI (OF BLESSED MEMORY)
ON SATURDAY, 19TH JUNE, 2021
Protocol.
Introduction.
I must heartily say that I am greatly honored to have been
graced with the privilege of sharing my thoughts on this
stimulating theme, “Persistent Problems in Legal
Practice in Nigeria”, which remains perpetually centric to the
advancement of Legal Jurisprudence within and outside the shores of
our great country. In consonance, I commend the efforts of the
organizers and executives for convening this well thought out event
and also for deeming it necessary to have me air my views. I hope
that the experience garnered in the course of the event will
improve our horizon across diverse dimensions.
Whilst it is true that the founding principles and practices of
the Nigerian Legal System have remained substantially the same,
Nigerian Legal Practice has experienced decades of dynamisms; each
with its peculiarity in terms of opportunities, benefits and
challenges. Indeed, the growth of the system and its transcendence
into the institutional framework it now is; is a product of a
consistent and triumphant journey through the many odds and
challenges that have plagued the system over the years. However,
despite the seeming conquest, there are a plethora of persistent
problems which have continued to subsist. Some of these problems
bedeviling our Legal Practice are highlighted below.
Some of the Obstinate Challenges in Nigerian Legal
Practice.
- Unauthorized encroachment by
non-practitioners
This is a persistent problem which perhaps plagues the practice
of law across many jurisdictions. Constantly, lawyers are being
robbed of professional engagement by persons who have taken it upon
themselves to do the jobs of lawyers. For instance, affidavits,
statements and agreements of different kinds are drafted by
non-lawyers. Some non-lawyers who carry out such actions even go as
far as getting samples of these documents/precedents from legal
practitioners and then go about advertising to the general public
of these services. Most times, these persons are found hanging
around court premises and they make invitations to treat to the
general public. Since of course, an agreement witnessed and signed
by both parties would still have the force of law, members of the
general public who would have patronized the services of legal
practitioners would prefer to hire these quacks to get the job done
at a cheaper rate. This practice is bad for lawyers because if it
continues without being addressed, many lawyers will go out of
business.
- Ineffective Law Reporting
Although the efforts of a few law reporting companies in Nigeria
towards ensuring that cases are reported are commendable, we cannot
undermine the fact that the general ineffectiveness of law
reporting in Nigeria overwhelms the efforts of these law reporting
companies. To start with, the law reporting companies currently
functioning in Nigeria are quite a few. Specifically, there are
just two law reporting companies with both print and online
platforms currently working in Nigeria. These are the Nigerian
Weekly Law Report (NWLR) and the Law Pavilion Electronic Law Report
(LPELR). This is surprising and appalling. It is surprising because
the issue has not been addressed with seriousness. Law reporting
has experienced so many declines; such that government-owned law
reports have since stopped publishing and nothing has been done to
seek an alternative remedy. One begins to wonder, how just two law
companies will continue to compile and report records of cases in
our robust jurisprudence. This poses a serious problem to both law
students and legal practitioners in Nigeria. The reason is that,
for legal practitioners to confidently cite authorities and rely on
judicial precedents in establishing arguments, law reporting has to
be seen to be efficient and effective. Unfortunately, this is not
the case as even the law reporting companies do not always edit
cases before publishing. This to my mind is a wrong way of
reporting a case.
In addressing this issue, the government should revive its law
reporting departments, take notice of new judicial precedents and
ensure that same is being reported rightly. To improve the quality
of work of the companies currently reporting cases, the government
could also set in motion regulatory parameters to ensure that these
law reports meet the needed standards.
- The exploitation of young lawyers
More than ever before, young practising lawyers in Nigeria are
being exploited by both law firms and clients alike. Law firms make
young lawyers work so hard and pay paltry sums under the pretext of
giving them pupillage and experiential knowledge. This trend has
seen a lot of young lawyers being paid ten thousand to thirty
thousand naira per month. Given the economic decline and the
current rate of inflation, such salaries can hardly fend for their
needs. The consequent effect of this has been an increase in
corrupt practices among lawyers, poor dressing and overall outlook
of lawyers and ultimately dissuasion among young lawyers to
practice. Should this trend continue, we might get to a generation
that will see young lawyers working without a pay. This practice
should be thoroughly discouraged as it tends to bring scorn to the
noble profession. Aside from that, it is unfair for young
professionals who, having gone through the rigours of academic,
vocational and character training to be remunerated with such
meagre sums. This exploitation of young lawyers by law firms is
perhaps what has culminated in the disrepute with which potential
clients bargain legal services with young lawyers. More often than
not, potential clients offer these young lawyers miserable sums for
really demanding professional tasks. The result of this trend is
that these young lawyers are forced to undercharge; thereby
reducing the worth of their professional services and that of the
profession at large.
To solve this problem, I propose that young lawyers are paid a
certain minimum wage and that certain sums be fixed as minimal
payment for certain professional services. The current scale of
charges for lawyers should be reviewed. This plight, if unsolved
will force the coming generation of prospective lawyers to take a
different career route.
- Incessant Strike Actions
The right to embark on well-founded strike actions is granted by
the Labour Act and even the Trade Unions Act. Although these
actions are not intended to disrupt social activities, they have
posed a problem to legal practice in Nigeria. In jurisdictions of
developed countries, strike actions do not occur as frequently as
they do in Nigeria. Many reasons are responsible for this. The
neglect of government and its agencies coupled with the apparent
inadequacies of the work environment are the most dominant reasons.
Nonetheless, we cannot underplay the effect of these actions on our
legal practice. The just-concluded JUSUN strike which by the way
occurred in 2018, and also repeated this year, saw many practicing
litigation lawyers out of business. A glut of cases that were
already instituted in court by litigants met an abrupt halt. This
recurring decimal of incessant strike actions if not addressed by
the government will create doubt in the minds of litigants as to
the effectiveness of our justice system.
- Ignorance or Low-level
Knowledge
Ignorance is another very salient factor that impedes litigation
and the general practice of law. A large majority of the Nigerian
populace express indifference towards acquiring knowledge of their
basic rights. While some have blamed this indifference on lack of
enforcement by the government, others have generally lost all hope
and sense of belonging in the country. Be that as it may, the
resultant outcome of this attitude is that many matters which ought
to have subjects of litigation in courts of law are being swept
under the carpet of ignorance and abused parties who ought to have
gotten reliefs are robbed of such. This factor of ignorance mostly
affects communities and rural areas that are not so enlightened of
the rights the law avails them. As a result of this ignorance, they
tend to be intimidated frequently by multi-national companies,
highly influential individuals and sometimes even government
agencies. Prof. Bruce Powell, a biologist at the University of Port
Harcourt, estimated that the number of fish in the vicinity of
Okoroba fell by approximately 80% as a result of canal dredging by
a Shell sub-contractor. The oil operations damaged the local
economy dependent on fishing. However, the villagers were unaware
that they could sue Shell for the loss of income from
fishing, although they were aware that they could sue oil
companies for destroyed crops and trees. According to some lawyers,
villagers are usually aware that they are entitled to compensation
for damage from an oil spill while they tend to be ignorant that
they are entitled to claim compensation for damage from many other
oil company activities. This may partly explain why a substantial
quantity of court cases against oil companies are initiated in
respect of oil spills.
Although the Rules of Professional Conduct estops a legal
practitioner from instigating litigation, the Rules do not prohibit
a legal practitioner from carrying out social sensitization
programs to educate communities and rustic areas on the implication
of the law in light of certain actions, their duties, obligations
and rights. If this culture is adopted, it would foster the
enforcement of valid legal claims, restore the faith of the common
man in our justice system and improve the quality of social
interaction. This is a practice lawyers must steadily adopt because
illiteracy will also not avail a plaintiff as ignorance of the law
is no excuse.
- Prolonged Adjudication/Delay in Justice
Administration
This is a notorious problem that seems unsolvable. It is perhaps
one of the most pressing challenges in the Nigerian Legal sector.
This is because all the aforementioned issues one way or the other
result in prolonged trials and slow dispensation of justice. Our
courts are often in the attitude of giving long dates; especially
in jurisdictions like Port-Harcourt, Abuja and Lagos. Thus, matters
can go on for several months and even years. In cases where justice
delayed is justice denied, the claimant may lose the fortitude to
even continue the seemingly “wild goose chase”.
- The incursion of Tech Innovative
Practices
The active use of ICT devices in Nigerian Legal Practice has
never been more indispensable. Our legal practice cannot continue
to be solely manual. With the pile of cases emanating and heaping
up in courts, we have to devise a sustainable means of quickly
dispensing off with these cases. This can be done via the adoption
of tech devices. For instance, instead of Judges always putting pen
to paper, transcribers and other speech to text converters can be
used to quickly take these notes. Again, it would help if cases are
recorded live or at least recorded and saved for later reference by
the Justices. With the new normal, we have been caught up with the
growing need to inculcate tech innovation in legal practice.
Recently, we have had proceedings being conducted and judgements
being delivered online. However, some challenges stem from the use
of tech innovation. Network hitches, data security and fair play
are some of these challenges. For instance, if there were a virtual
court hearing in which a witness was to be cross-examined, how does
the court visualize the demeanour of the witness? How would one be
sure that the witness is not being stage-managed amidst
cross-examination? How can issues of misinformation or malicious
pretence by unscrupulous litigants and counsel be checked? These
and many more alike, are the emerging problems that have come to
stay unless we find lasting solutions promptly.
Recommendations: The Way Forward.
The first approach to solving a problem or resolving a conflict
is identifying the causal phenomenon which insurrects the chaos,
problem or conflict. Having identified some persistent problems
combating the betterment of our legal practice, the most
result-yielding approach to resolve these challenges is to proffer
curative measures which would stop the “causal factor” of these
problems. Some of these causal factors are politicized governance,
poor enforcement of regulatory compliance, lack of monitoring
mechanisms, laconic statutory provisions, slow adoption of tech
innovations, and low-level social sensitization. To resolve these
issues, we must throw our weight towards ensuring that we push for
the reviews of many laconic extant laws which do not have
provisions to cure some of the mischiefs plaguing the practice of
law. We must also ensure that as these laws are passed, stringent
enforcement mechanisms are put in place towards ensuring strict
compliance and that the general public is legally sensitized; such
that even the common man comprehends the detail of it. Finally, we
must unanimously agree to get acquainted with IT devices and adopt
same in our individual practice and also push for its full
incursion in the Nigerian Judiciary.
Concluding Remarks.
In précis, there are no spheres of human endeavour void of
recurrent challenges. Problems, they say, are opportunities dressed
in unattractive overalls. I dare say that if we look inwardly and
collectively resolve to have a problem-solving approach towards
these challenges, we would decipher sustainable solutions to these
problems and create for ourselves and the future generation a
better Nigerian Legal System with more enhanced legal practice.
Thank you for your kind attention.
The Founding Partner Of J-K Gadzama LLP and former aspirant for
the office of the President of the Nigerian Bar Association, Chief
Joe-Kyari Gadzama, SAN, has identified the challenges confronting
legal practice in Nigeria.
Gadzama, during his paper presentation at the NBA Warri Branch
Golden Jubilee Celebration in Honor of Chief T. J. O. Okpoko on
Saturday 19th of June, 2021, said the problems include ineffective
law reporting, exploitation of young lawyers, incessant strike
actions, unauthorized encroachment into legal practice by
non-lawyers, ignorance or low knowledge of the law and delay in
justice administration amongst others.
The Learned Silk suggested that the best way to solve the
problems is to look into the cause of the problems and push for a
review of extant laws. He also called for the adoption of
technology in legal practice
Read the full paper below
PERSISTENT PROBLEMS IN LEGAL PRACTICE IN
NIGERIA
Being the Full Text of a Presentation
By CHIEF JOE-KYARI GADZAMA,
OFR, MFR, SAN, FNIALS, FICMC, FCIArb (UK),
Chartered Arbitrator, Of Lincolns Inn, Barrister/Life
Bencher/CEDR Accredited Mediator.
AT THE NBA WARRI BRANCH GOLDEN JUBILEE CELEBRATION IN
HONOR OF CHIEF T. J. O. OKPOKO, OON, SAN,
ALAOWEI B.C. BOZIMO AND DR. Y.O. ESOMBI (OF BLESSED MEMORY)
ON SATURDAY, 19TH JUNE, 2021
Protocol.
Introduction.
I must heartily say that I am greatly honored to have been
graced with the privilege of sharing my thoughts on this
stimulating theme, “Persistent Problems in Legal
Practice in Nigeria”, which remains perpetually centric to the
advancement of Legal Jurisprudence within and outside the shores of
our great country. In consonance, I commend the efforts of the
organizers and executives for convening this well thought out event
and also for deeming it necessary to have me air my views. I hope
that the experience garnered in the course of the event will
improve our horizon across diverse dimensions.
Whilst it is true that the founding principles and practices of
the Nigerian Legal System have remained substantially the same,
Nigerian Legal Practice has experienced decades of dynamisms; each
with its peculiarity in terms of opportunities, benefits and
challenges. Indeed, the growth of the system and its transcendence
into the institutional framework it now is; is a product of a
consistent and triumphant journey through the many odds and
challenges that have plagued the system over the years. However,
despite the seeming conquest, there are a plethora of persistent
problems which have continued to subsist. Some of these problems
bedeviling our Legal Practice are highlighted below.
Some of the Obstinate Challenges in Nigerian Legal
Practice.
- Unauthorized encroachment by
non-practitioners
This is a persistent problem which perhaps plagues the practice
of law across many jurisdictions. Constantly, lawyers are being
robbed of professional engagement by persons who have taken it upon
themselves to do the jobs of lawyers. For instance, affidavits,
statements and agreements of different kinds are drafted by
non-lawyers. Some non-lawyers who carry out such actions even go as
far as getting samples of these documents/precedents from legal
practitioners and then go about advertising to the general public
of these services. Most times, these persons are found hanging
around court premises and they make invitations to treat to the
general public. Since of course, an agreement witnessed and signed
by both parties would still have the force of law, members of the
general public who would have patronized the services of legal
practitioners would prefer to hire these quacks to get the job done
at a cheaper rate. This practice is bad for lawyers because if it
continues without being addressed, many lawyers will go out of
business.
- Ineffective Law Reporting
Although the efforts of a few law reporting companies in Nigeria
towards ensuring that cases are reported are commendable, we cannot
undermine the fact that the general ineffectiveness of law
reporting in Nigeria overwhelms the efforts of these law reporting
companies. To start with, the law reporting companies currently
functioning in Nigeria are quite a few. Specifically, there are
just two law reporting companies with both print and online
platforms currently working in Nigeria. These are the Nigerian
Weekly Law Report (NWLR) and the Law Pavilion Electronic Law Report
(LPELR). This is surprising and appalling. It is surprising because
the issue has not been addressed with seriousness. Law reporting
has experienced so many declines; such that government-owned law
reports have since stopped publishing and nothing has been done to
seek an alternative remedy. One begins to wonder, how just two law
companies will continue to compile and report records of cases in
our robust jurisprudence. This poses a serious problem to both law
students and legal practitioners in Nigeria. The reason is that,
for legal practitioners to confidently cite authorities and rely on
judicial precedents in establishing arguments, law reporting has to
be seen to be efficient and effective. Unfortunately, this is not
the case as even the law reporting companies do not always edit
cases before publishing. This to my mind is a wrong way of
reporting a case.
In addressing this issue, the government should revive its law
reporting departments, take notice of new judicial precedents and
ensure that same is being reported rightly. To improve the quality
of work of the companies currently reporting cases, the government
could also set in motion regulatory parameters to ensure that these
law reports meet the needed standards.
- The exploitation of young lawyers
More than ever before, young practising lawyers in Nigeria are
being exploited by both law firms and clients alike. Law firms make
young lawyers work so hard and pay paltry sums under the pretext of
giving them pupillage and experiential knowledge. This trend has
seen a lot of young lawyers being paid ten thousand to thirty
thousand naira per month. Given the economic decline and the
current rate of inflation, such salaries can hardly fend for their
needs. The consequent effect of this has been an increase in
corrupt practices among lawyers, poor dressing and overall outlook
of lawyers and ultimately dissuasion among young lawyers to
practice. Should this trend continue, we might get to a generation
that will see young lawyers working without a pay. This practice
should be thoroughly discouraged as it tends to bring scorn to the
noble profession. Aside from that, it is unfair for young
professionals who, having gone through the rigours of academic,
vocational and character training to be remunerated with such
meagre sums. This exploitation of young lawyers by law firms is
perhaps what has culminated in the disrepute with which potential
clients bargain legal services with young lawyers. More often than
not, potential clients offer these young lawyers miserable sums for
really demanding professional tasks. The result of this trend is
that these young lawyers are forced to undercharge; thereby
reducing the worth of their professional services and that of the
profession at large.
To solve this problem, I propose that young lawyers are paid a
certain minimum wage and that certain sums be fixed as minimal
payment for certain professional services. The current scale of
charges for lawyers should be reviewed. This plight, if unsolved
will force the coming generation of prospective lawyers to take a
different career route.
- Incessant Strike Actions
The right to embark on well-founded strike actions is granted by
the Labour Act and even the Trade Unions Act. Although these
actions are not intended to disrupt social activities, they have
posed a problem to legal practice in Nigeria. In jurisdictions of
developed countries, strike actions do not occur as frequently as
they do in Nigeria. Many reasons are responsible for this. The
neglect of government and its agencies coupled with the apparent
inadequacies of the work environment are the most dominant reasons.
Nonetheless, we cannot underplay the effect of these actions on our
legal practice. The just-concluded JUSUN strike which by the way
occurred in 2018, and also repeated this year, saw many practicing
litigation lawyers out of business. A glut of cases that were
already instituted in court by litigants met an abrupt halt. This
recurring decimal of incessant strike actions if not addressed by
the government will create doubt in the minds of litigants as to
the effectiveness of our justice system.
- Ignorance or Low-level
Knowledge
Ignorance is another very salient factor that impedes litigation
and the general practice of law. A large majority of the Nigerian
populace express indifference towards acquiring knowledge of their
basic rights. While some have blamed this indifference on lack of
enforcement by the government, others have generally lost all hope
and sense of belonging in the country. Be that as it may, the
resultant outcome of this attitude is that many matters which ought
to have subjects of litigation in courts of law are being swept
under the carpet of ignorance and abused parties who ought to have
gotten reliefs are robbed of such. This factor of ignorance mostly
affects communities and rural areas that are not so enlightened of
the rights the law avails them. As a result of this ignorance, they
tend to be intimidated frequently by multi-national companies,
highly influential individuals and sometimes even government
agencies. Prof. Bruce Powell, a biologist at the University of Port
Harcourt, estimated that the number of fish in the vicinity of
Okoroba fell by approximately 80% as a result of canal dredging by
a Shell sub-contractor. The oil operations damaged the local
economy dependent on fishing. However, the villagers were unaware
that they could sue Shell for the loss of income from
fishing, although they were aware that they could sue oil
companies for destroyed crops and trees. According to some lawyers,
villagers are usually aware that they are entitled to compensation
for damage from an oil spill while they tend to be ignorant that
they are entitled to claim compensation for damage from many other
oil company activities. This may partly explain why a substantial
quantity of court cases against oil companies are initiated in
respect of oil spills.
Although the Rules of Professional Conduct estops a legal
practitioner from instigating litigation, the Rules do not prohibit
a legal practitioner from carrying out social sensitization
programs to educate communities and rustic areas on the implication
of the law in light of certain actions, their duties, obligations
and rights. If this culture is adopted, it would foster the
enforcement of valid legal claims, restore the faith of the common
man in our justice system and improve the quality of social
interaction. This is a practice lawyers must steadily adopt because
illiteracy will also not avail a plaintiff as ignorance of the law
is no excuse.
- Prolonged Adjudication/Delay in Justice
Administration
This is a notorious problem that seems unsolvable. It is perhaps
one of the most pressing challenges in the Nigerian Legal sector.
This is because all the aforementioned issues one way or the other
result in prolonged trials and slow dispensation of justice. Our
courts are often in the attitude of giving long dates; especially
in jurisdictions like Port-Harcourt, Abuja and Lagos. Thus, matters
can go on for several months and even years. In cases where justice
delayed is justice denied, the claimant may lose the fortitude to
even continue the seemingly “wild goose chase”.
- The incursion of Tech Innovative
Practices
The active use of ICT devices in Nigerian Legal Practice has
never been more indispensable. Our legal practice cannot continue
to be solely manual. With the pile of cases emanating and heaping
up in courts, we have to devise a sustainable means of quickly
dispensing off with these cases. This can be done via the adoption
of tech devices. For instance, instead of Judges always putting pen
to paper, transcribers and other speech to text converters can be
used to quickly take these notes. Again, it would help if cases are
recorded live or at least recorded and saved for later reference by
the Justices. With the new normal, we have been caught up with the
growing need to inculcate tech innovation in legal practice.
Recently, we have had proceedings being conducted and judgements
being delivered online. However, some challenges stem from the use
of tech innovation. Network hitches, data security and fair play
are some of these challenges. For instance, if there were a virtual
court hearing in which a witness was to be cross-examined, how does
the court visualize the demeanour of the witness? How would one be
sure that the witness is not being stage-managed amidst
cross-examination? How can issues of misinformation or malicious
pretence by unscrupulous litigants and counsel be checked? These
and many more alike, are the emerging problems that have come to
stay unless we find lasting solutions promptly.
Recommendations: The Way Forward.
The first approach to solving a problem or resolving a conflict
is identifying the causal phenomenon which insurrects the chaos,
problem or conflict. Having identified some persistent problems
combating the betterment of our legal practice, the most
result-yielding approach to resolve these challenges is to proffer
curative measures which would stop the “causal factor” of these
problems. Some of these causal factors are politicized governance,
poor enforcement of regulatory compliance, lack of monitoring
mechanisms, laconic statutory provisions, slow adoption of tech
innovations, and low-level social sensitization. To resolve these
issues, we must throw our weight towards ensuring that we push for
the reviews of many laconic extant laws which do not have
provisions to cure some of the mischiefs plaguing the practice of
law. We must also ensure that as these laws are passed, stringent
enforcement mechanisms are put in place towards ensuring strict
compliance and that the general public is legally sensitized; such
that even the common man comprehends the detail of it. Finally, we
must unanimously agree to get acquainted with IT devices and adopt
same in our individual practice and also push for its full
incursion in the Nigerian Judiciary.
Concluding Remarks.
In précis, there are no spheres of human endeavour void of
recurrent challenges. Problems, they say, are opportunities dressed
in unattractive overalls. I dare say that if we look inwardly and
collectively resolve to have a problem-solving approach towards
these challenges, we would decipher sustainable solutions to these
problems and create for ourselves and the future generation a
better Nigerian Legal System with more enhanced legal practice.
Thank you for your kind attention.