Legal Profession Regulation Review Committee

TABLE OF CONTENTS
Report of the NBA Legal Profession Regulation Review Committee---------2
NBA President, Abubakar Balarabe Mahmoud , SAN, OON Inaugural Speech as APPENDIX I---------------------27
Chairman of the Committee, Chief Anthony Idigbe SAN Inaugural Speech as APPENDIX II--------------------------------37
The NBA LPRR Job Creation Sub- Committee's Report as APPENDIX III------44
The Minutes of the Town Hall Meetings as APPENDIX IV------------------65
The Proposed Bill as APPENDIX V-------------------------------112
The Proposed Review of the Regulatory Structure of the NBA as APPENDIX VI -------------------------246

REPORT OF THE NBA LEGAL PROFESSION REGULATION REVIEW COMMITTEE
A. INTRODUCTION
The Nigerian Bar Association Legal Profession Regulation Review Committee (the Committee) was constituted on 28th December, 2016 and inaugurated on 24th January, 2017 by the President of the Nigerian Bar Association, A.B. Mahmoud SAN.
The core mandate of the Committee was to review the current regulatory objectives and the regulatory architecture of the legal profession and advice on its suitability to meet the current requirements for a robust responsive and independent modern legal profession in Nigeria amongst others.
The growing concerns over the past decade or so about the falling standards in the legal profession have shown that there is need for a robust and responsive modern legal profession in Nigeria. These concerns have been expressed among the Bench, Bar, and the public. Areas of concern have included, low admission requirements, a sharp decline in the quality of legal education, and deteriorating standards of professional ethics. Also, the high rates of unauthorized practice of law, weak and inadequate statutes, weak legal, institutional and regulatory regimes for the legal profession in Nigeria, low level of compliance with the rules of professional conduct, poor and incompetent delivery of legal services to client, lack of client care, corruption, and threats occasioned by globalization of legal services; necessitate the need for a revamp of the legal system.
The President of the Nigerian Bar Association, Abubakar Balarabe Mahmoud, OON SAN in consonance with one of the four thematic areas of focus of the current leadership of NBA constituted the Legal Profession Regulation Review Committee under the Chairmanship of Mr. Anthony Idigbe SAN and Dr. Aminu Gamawa as Secretary. The Nigerian Bar Association has repeatedly expressed concerns in the falling standard of legal education and legal practice. This is a disturbing phenomenon that the Committee is set up to investigate into and come up with proposals as to how it can be addressed urgently and adequately. It is in addressing this issue that this Committee was constituted.
In his inaugural speech, the President of the NBA stated that “...the Nigerian Bar Association is worried about the deteriorating professional standards in the legal profession. We are concerned that for too long the relevant and appropriate authority failed or neglected addressing the issues of regulatory gaps and challenges that are daily militating against the regulation of the legal profession in Nigeria. It is one thing to identify what the challenges are; it is another to tackle the challenges head long with a view to providing solutions. The NBA has decided to tackle these challenges. The NBA is now more determined to play a major role in ensuring a better regulated legal profession in Nigeria. We believe that the first step is to provide a platform to discuss and interrogate the current regulatory regime and come up with recommendations on the way forward.”
Please note that the President of NBA’s inaugural speech is attached to this report as Appendix I.
The Chairman of the Committee, Chief Anthony Idigbe SAN, in taking the giant stride to lead the Committee, stated in his inaugural speech that “It is our hope that the outcome of our work, if implemented, will create an institutional framework for consistent regulation of the legal profession which ensures those allocated privilege of practice bear the burden of responsibility whilst those who are unable to obtain the privilege are also adequately engaged in areas of work that bear less assertion of responsibility. It is also hoped that the future state of legal profession would be such that Nigerian firms would be able, in the short term, to compete regionally and expand regionally on the back of Nigerian businesses that are going regional. In the long term, it is hoped that the future state of legal profession would sufficiently protect the local industry without inhibiting globalization whilst preparing Nigerian law firms to be able to compete globally.”
Please note that the inaugural speech of the Chairman of the Committee is attached to this report as Appendix II.
B. MEMBERS OF THE COMMITTEE
The members of the Committee comprise the following:
1. Chief Anthony Idigbe SAN -Chairman
2. Mrs Funke Adekoya SAN -Member
3. Chief Arthur Obi Okafor SAN -Member
4. Mr. Paul Usoro SAN -Member
5. Prof Taiwo Osipitan SAN -Member
6. Mr. Yakubu Maikyau SAN -Member
7. Mrs. Bisi Soyebo SAN -Member
8. Prof. M. L. Ahmadu -Member
9. Prof. Konyinsola Ajayi SAN -Member
10. Prof Ernest Ojukwu SAN -Member
11. Prof. A. H. Yadudu -Member
12. Mr. Olanrewaju Onadeko SAN -Member
13. Prof. U.U Chukwumaeze -Member
14. Dr. Mike Adeleke -Member
15. Prof Ikpeze Ogugua -Member
16. Dr Aminu Gamawa -Secretary
17. Prof Dakas C.J Dakas SAN -Member
18. Prof Augustine Agom -Member
19. Prof Osita Ogbu -Member
20. Patricia Igwebuike -Member
21. Mrs. Sade Aladeniyi -Member
22. Mr. Ibrahim Muktar -Member
23. Mr. Eric Otojahi -Assistant Secretary
24. Olive S. Akem – Vingir -Member
25. Jideofor Onuoha -Member
26. Temitope Ige -Member
27. Mr. Rotimi Odusola -Member
28. Zubaida Mahmoud -Member
29. Mohammed Adelodun -Member
30. Sa’adatu Hamu-Aliyu -Member

NBA Secretariat
31. Ajijola Omega Sarah - NBA Secretariat
32. Zainab Animashaun -OPNBA
33. Adebayo Adewale -OPNBA

Agency /Forum Representatives
34. Jonathan Akinsanya - British Lawyers Forum
35. Dr. Tony Clinton Jaja -Legislative Institute
36. Mrs. Stella Anukam -Office of the Attorney General of the Federation

C. TERMS OF REFERENCE
The Committee’s mandate and terms of reference include the following:
1. To review the current regulatory objectives and the regulatory architecture of the legal profession and advice on its suitability to meet the current requirements for a robust responsive and independent modern legal profession in Nigeria;
2. To determine on whether the Nigerian Bar Association should retain both its regulatory and representative functions in the legal profession and if so, what necessary measures should be put in place to strengthen these roles and ensure that neither is compromised.
3. In particular, to review the role of the Body of Benchers, the General Council of the Bar, the Council for Legal Education, the Supreme Court of Nigeria and the Nigerian Bar Association in the regulation of the legal profession and determine if the roles being played by these institutions and organs are appropriate to meet the needs of a robust and modern and independent legal profession in Nigeria;
4. To determine for instance, given the current composition of the Body of Benchers, if its role should not be formal and ceremonial limited to formal call to bar and formal disbarment of members of the legal profession, whilst ceding the more rigorous duty of regulation to the more appropriate organs either of the NBA or the General Council of the Bar or any desirable agency.
5. To obtain the proposed bills for review of the Legal Practitioners Act pending at the National Assembly and review same in the light of the recommendations arising from the work of the committee envisaged in these TOR;

6. To review the current standards for admission into the Nigerian Bar and recommend changes. In particular determine whether the current threshold of 40% as pass mark for bar examinations at the Nigerian Law School is realistic and determine how such thresholds compare with entry requirements into the legal professions across Africa and the rest of the world and make appropriate recommendations.

7. To examine given the current size of the legal profession, its exponential growth in recent years relative to the needs of the Nigerian economy, the desirability of candidates seeking admission to the law faculties in Nigeria to possess a degree in another discipline as a condition for admission.

8. To review the ethical requirements for admission into the legal profession and determine the adequacy of such requirements and how best to maintain high ethical and professional standards in the legal profession.

9. To determine if aside from admission to the bar there should be a separate requirement for licensing law offices and advise how best to regulate and monitor such licensing.

10. To advise on the need to introduce a system of pupilage into the legal profession and advise on the duration and how best to administer such a system of pupilage.

11. To make any appropriate recommendations the Committee deems necessary or to achieve the objective of strengthening the legal profession in Nigeria.

D. METHODOLOGY/APPROACH
Calls for memoranda
The Committee sent out to the public; members of the legal profession and key stakeholders in the legal profession. Memoranda were received by the Secretariat from both individuals and institutions and the various stakeholders. The memoranda received were duly considered in the work of the Committee.
Meetings
The inaugural meeting was held on 24th January, 2017 and the Committee immediately had its 1st Plenary Session where it debated the terms of reference. The Committee was thereafter constituted into 2 sub-committees – the Current State Sub-committee and the Future State Sub-committee.
The Current State Sub-committee was headed by Mrs. Funke Adekoya SAN while the Future State Sub-committee was headed by Prof. Ernest Ojukwu SAN.
The Current State Sub-committee analyzed the current state of the legal profession in order to identify areas for reform which include review of existing laws, review of pending bills and review of the overall structure and institutional framework in the legal profession.
The Future State Sub-committee worked on what should be the future regulatory and institutional framework.
The Committee came up with some initiatives for the future state that were considered in proposing reforms.
The Committee held meetings on the following dates: 24th January, 2017; 25th January, 2017; 7th February, 2017; 8th February, 2017; 13th March, 2017; and 14th March, 2017 and 13 May 2017. At the various meetings, deliberations were made on certain conceptual issues and the institutional structure of the legal profession; comparative analysis of the Nigerian system/structure with other structures of the legal profession in other jurisdiction like Canada, United Kingdom (UK), Australia; proposal for a new legal framework considered; commencement of work on the proposed Bill, etc.
Stakeholders Engagement
The Committee organized various stakeholders’ engagement meeting e.g. meeting with the Ag. CJN (now CJN), and meeting with the Hon. Minister of Justice and Attorney General of the Federation (AGF). The Committee also had engagement with the National Institute for Legislative Studies and the National Assembly. The Committee further had stakeholders’ engagement with the judiciary, the Nigerian Law School, Law Faculties, Attorney Generals of various States, the National Judicial Council (NJC), the National Judicial Institute (NJI), etc.
At the stakeholders’ engagement meeting with the AGF, the AGF called upon the Committee to consider the issue of job creation for lawyers and include same as part of its mandate. Consequently, the Committee set up a sub-committee known as the Job Creation Sub-committee to consider the issue of job creation for young lawyers and make recommendations to the AGF on job creation for lawyers. Upon request by the Committee, the AGF nominated an official of the Ministry of Justice to be part of the Job Creation Sub-committee.
The Job Creation Sub-committee came up with its report and proposals/recommendations on job creation for young lawyers. The Job Creation Sub-committee’s report is attached to this report as Appendix III.

Town Hall Meetings
As part of its stakeholders’ engagement activities, the Committee also organized various Town Hall Meetings. Town Hall Meetings were held in Lagos; Kaduna and Calabar. The Town Hall Meetings were organized to elicit input from the members and the public. The comments and observations made as well as the concerns raised at the various Town Hall Meetings were duly considered in the work of the Committee. The Minutes of the Town Hall Meetings is attached to this report as Appendix IV.
Retreat
The Committee also held retreat in Calabar from 31st March, 2017 to 3rd April, 2017. The retreat was held to consider the various memoranda received; deliberate on the various initiatives for the future of the legal profession and work on a proposed bill to be presented to the National Assembly. We hope that the National Executive Committee of the Bar will push the proposed bill through at the National Assembly. The proposed Bill is annexed to this report as Appendix V.
E. FINDINGS OF THE COMMITTEE UPON REVIEW OF THE EXISTING LEGAL AND REGULATORY FRAMEWORK FOR THE REGULATION OF THE LEGAL PROFESSION
The following are the findings of the Committee upon a careful review of the existing legal and regulatory framework for the regulation of the Legal Profession:
1. That although both the structure and the legislation relevant to the regulation of the legal profession establish various bodies which comprise the regulatory architecture by which the objectives of properly regulating the legal profession are to be implemented, apart from the Constitution of the NBA, there are no clear objectives specified in the laws creating these bodies.
2. That any review of the current status of the Nigerian Bar Association as the sole association which both regulates and represents the legal profession in Nigeria should be aware of the fact that converting the association to a full blown self regulatory, statutory or chartered status may weaken the Association as parallel bodies could then be easily formed, enacted into existence or chartered.
3. That a review of the regulatory architecture of the legal profession must consider whether going forward, it is in the best interests of the legal profession for the Nigerian Bar Association to concentrate more on its representative role and transfer its regulatory functions to an external regulator.
4. That effective implementation of the Association’s representative role will require the devolution of some responsibilities to lower organs/structure of the Association. A review of the Nigerian Bar Association constitution should consider whether the existing Northern, Eastern, Mid-West and South West Bar fora, [regionally/ethnically based lawyer groups which are not officially part of the Nigerian Bar Association structure] should be recognized in the Constitution and brought within its organizational structure.
5. That although Benchers are to satisfy themselves that a candidate to be called to the Bar is of good character, there are no express character and fitness guidelines to enable a proper assessment to be undertaken. This is unlike other jurisdictions such as the US where States have Character and Fitness Guidelines for Bar Admission. Most members of the body do not have any meaningful interaction with the aspirants to the Nigerian Bar to determine whether they are fit and proper to be called to the Bar.

6. The large number of Judges in the Body of Benchers, a Committee which has entrance and disciplinary functions over the legal profession further weakens the independence and virility of the Bar, by bringing the legal profession under the control of the judiciary.

7. The role of the Attorney-General in the regulatory architecture of the legal profession in Nigeria is all pervasive. He is a member of the Body of Benchers, member of the LPPC, chairs the LPDC, LPRC and makes rules of professional conduct for legal practitioners in Nigeria. This relic weakens the independence and virility of the Bar. His membership of the LPPC and the LPDC cannot be effective because the AG, a very busy political appointee who scarcely find the valued time for the tedious demands of these offices. Also Nigerian jurisprudence suggests that the AG is unwittingly put in a position of conflict of interest where he seeks to enforce the law against erring lawyers and has to act as the judge at the same time.

8. That currently one cannot say that Nigeria is ‘over-lawyered’ as although the number of lawyers called to the Bar has risen astronomically in recent times, it is still inadequate to service the population.

9. The perception of Nigeria being ‘over-lawyered’ results from the concentration of the legal profession in the 36 major urban centres. The sub-committee notes that the current state of under-employment of lawyers may be due to lawyers not having the skill sets required for employment in urban centres, coupled with a lack of awareness by the general public of the needs for legal services even in sub-urban locations.

10. That noting the current size of the Council of Legal Education, there is a need to reduce the number of members of the Council to make the Council more effective. Furthermore, if the regulatory super structure proposed is that of a single regulatory body, then the Council of Legal Education could be established as a sub-committee of the main regulatory body.

11. That any proposals for a review of the current state of vocational legal education in Nigeria would be incomplete without a comparison with what obtains in some other jurisdictions where Nigerians also practice law and obtain legal certification.

12. That there is less emphasis on ethical education preparatory to legal practice in Nigeria.

13. That there is need for inclusion of minimum IT standards and financial management skills in undergraduate law studies in universities as necessary to set a solid foundation for IT and financial management appreciation by prospective lawyers.

14. That given the fallen standard in the legal profession, there is need to re-introduce a system of pupillage.

15. That it is more cohesive, and easier to administer the profession through one body, i.e. which would be given powers to regulate the legal profession and those aspiring to be in the profession. The umbrella body however would have sub committees which will be vested with the functions presently being carried out by the various regulatory bodies in the legal profession.

16. That currently there is no framework within the NBA or any other body that regulates; licenses and /or supervises sole practitioners and law firms within the country.

17. That the various statutory bodies under the existing LPA are dominated by government appointees with greater number of official or ex officio members.

18. That the mode of appointment of the unofficial members by practice is largely based on nomination and selection which may be subject to the whims and caprices of the appointing individual or institution leading potentially to regulatory capture.

E. COMMITTEE’S PROPOSITIONS AND RECOMMENDATIONS
Relying on the same parameters and in the light of the memoranda received and findings/deliberations, the Committee made the following recommendations hereunder in line with the Terms of Reference;
I. To review the current regulatory objectives and the regulatory architecture of the legal profession and advise on its suitability to meet the current requirements for a robust, responsive and independent modern legal profession in Nigeria

Recommendations:
 That any review/re-enactment of the laws or the architecture that would regulate the legal profession should provide regulatory objectives for such bodies, in order to guide them in fulfilling their roles and objectives.
 That there is need for a complete overhaul of the Legal Practitioners Act and the Rules of Professional Conduct.
 That as a principle all the relevant bodies should not be dominated by government appointees but should reflect the diversity of the different sections of the NBA and the legal profession.
 Amendment of the Legal Practitioners Act is needed to excuse the Attorney General of the Federation from some of the statutory bodies to enable him focus on the huge demands on him in other respects.
 The regulatory architecture should be independent and modern in its structure, operations and funding and yet flexible enough to be able to deal with future challenges without the need to amend the law.

II. To determine on whether the Nigerian Bar Association should retain both its regulatory and representative functions in the legal profession and if so, what necessary measures should be put in place to strengthen these roles and ensure that neither is compromised

Recommendations:
 A review of the Nigerian Bar Association’s representative role as highlighted in its Constitution is instructive and necessary. A review of the Nigerian Bar Association Constitution should consider whether the current number of National Officers and the size of NEC is the most effective management structure for the Association.
 The current branch structure of the Nigerian Bar Association should also be reviewed to make it more relevant to members’ needs.
 The NBA should not be established as a statutory body. The present status of the NBA should be maintained given the problem associated with statutory creation which may lead to government capture of control of the association; but the NBA should be reformed.
 NBA should play a strong representative role in the new statutory regime for the regulation of the legal profession.
 A model should be adopted that will prevent a situation of capture of the NBA by certain persons who do not have the interest of the profession at heart.
 The issue of the lack of institutional memory is a big problem for the NBA and size of the Profession, thus there should be a central control system being practiced by the NBA and powers should be delegated to sections to decongest regulation.
 The concept of zonal collection of branches should be considered for the purpose of delegation of some powers currently vested in the national body.
 Zonal branches should be given the power to handle some level of complaints against lawyers.
 The seal and stamps should be given a duration of at least two [2] years as opposed to the current one year policy.
 A mechanism should be put in place that would enable senior lawyers approach the NBA with viable projects/memoranda for potential partnerships.
 The issue of Continuing Legal Education for Lawyers be revisited seriously by the NBA.
 The frivolous manner in which Lawyers file cases to stop Government policies was becoming alarming, and where a Lawyer is suing for public interest, the NBA should be the one to take it up, rather than individual Lawyers.
 The multiplicity of actions should be discouraged and tagged a professional misconduct. What constitutes professional misconduct should be reexamined and possibly reviewed.
 The scale for Solicitors’ fees has not been strictly followed, this should be examined in the context of enforcement of areas reserved for lawyers.
 The proceedings of the Legal Practitioners’ Disciplinary Committee be made less cumbersome.
 The issue of class and gender struggle in the profession should be examined as the notion “no lady at the bar” has lost its place in our modern profession. Also, gender inequality is very apparent - women should be given prominent roles to play at the Bar.
 Legal Documentation like Deed of Assignment, and registration of lands/perfection of titles should be an exclusive preserve for lawyers and by so doing there will be more jobs for the younger Lawyers.
 The issues of legal practitioners living with disabilities should be addressed by the NBA.
 The composition of the Committees of the NBA should be re-examined so as not to reduce the quality of Bar representations on those committees.
 There should be a system to monitor/ discipline lawyers for failure to maintain clients’ account as currently there are inadequate monitoring of lawyers to ensure that they maintain clients’ accounts.
 A longer tenure for NBA officers of three (3) years at local and national levels be considered to allow for more time to function well and execute meaningful projects.
 The 1999 Constitution as amended be further amended to entranch the representative role of the NBA in the National Judicial Council (NJC).
The Proposed Review of the Regulatory Structure of the NBA is attached as Appendix VI

III. In particular, to review the role of the Body of Benchers, the General Council of the Bar, the Council for Legal Education, the Supreme Court of Nigeria and the Nigerian Bar Association in the regulation of the legal profession and determine if the roles being played by these institutions and organs are appropriate to meet the needs of a robust and modern and independent legal profession in Nigeria

IV. To determine for instance, given the current composition of the Body of Benchers, if its role should not be formal and ceremonial limited to formal call to bar and formal disbarment of members of the legal profession, whilst ceding the more rigorous duty of regulation to the more appropriate organs either of the NBA or the General Council of the Bar or any desirable agency

Recommendations:

 There is need for regulation of the profession by one body, i.e. which would be given powers to regulate the legal profession and those aspiring to be in the profession. The umbrella body however would have sub committees with the functions presently being carried out by the various regulatory bodies in the legal profession.

 There is need to reduce the large number of Judges in the Body of Benchers.

 The role of the Attorney General of the Federation (AGF) in the regulatory architecture of the legal profession in Nigeria is all pervasive and should be cut down to enable the AGF concentrate more on other demands of his office.

V. To obtain the proposed bills for review of the Legal Practitioners Act pending at the National Assembly and review same in the light of the recommendations arising from the work of the committee envisaged in these TOR

 There is need to harmonise the various proposals in the various pending Bills and come up with a more robust legal regime.

 A Liaison Committee should be established in the NBA to monitor laws coming out of the National Assembly and how they will affect the legal profession.
 The Liaison Committee should also work with the office of the Attorney General of the Federation and the various stakeholders in the National Assembly and the Presidency to ensure the passage of all necessary laws for the realisation of these recommendations.

To review the current standards for admission into the Nigerian Bar and recommend changes. In particular determine whether the current threshold of 40% pass mark for bar examinations at the Nigerian Law School is realistic and determine how such thresholds compare with entry requirements into the legal professions across Africa and the rest of the world.

Recommendations:

 A regulatory review of the legal profession should consider the need to set/establish standards to be used as a gauge for assessing the essential knowledge, skills, values and attributes required for the practice of this noble profession, and which would form the foundation necessary for admission to the Bar.
• University Law Faculties and the Law schools must modernize their teaching methods to focus on clinical methods of teaching, which will involve more interaction with ‘live’ clients and legal problems as the students will benefit from more time spent in law firms, courts or legal aid. Law faculties and the Law School should establish law clinics that will provide students with the opportunity to provide limited advice and legal representation to clients under supervision of their lecturers.
• In addition, law schools should provide diverse technological, business and entrepreneurial hands-on training for students that will equip them as young lawyers for employment in small to mid -size law firms, governments, civil society or corporations.
• The teaching of ethics should be an integral part of the LLB curriculum and should be taught in the context of specific courses. This will be a better way of reinforcing high ethical standards in persons who will later become lawyers. The new era of technology in which lawyers are now required to practice require that digital ethics courses should also be included in current Council of Legal Education offerings for lawyers.
• Professional Ethics as a Law course should be taught to those seeking to become Lawyers from their second year at the University through to the Law School; that a Lawyer who is taught Professional Ethics only for ten months at the Law School, cannot be expected to practice/show good ethics all through his life.
• The new legal framework should allow for establishment of private law schools given the likely exponential growth in the number of people seeking to become lawyers and the limited resources available to government to fund their training.

VI. To examine given the current size of the legal profession, its exponential growth in recent years relative to the needs of the Nigerian economy, the desirability of candidates seeking admission to the law faculties in Nigeria to possess a degree in another discipline as a condition for admission. And to review the ethical requirements for admission into the legal profession and determine the adequacy of such requirements and how best to maintain high ethical and professional standards in the legal profession.

Recommendations:

 Law should not be a second Degree rather the way lawyers are trained should be improved.
 After the law degree , law students should do a 10 month practical course or attachment before proceeding to the Law School.
 A candidate’s antecedents be traced from the University, to ensure that only fit and proper persons are called to the Bar as that would curtail corruption in the legal profession.
 The profession must ensure that Law faculties do not exceed the allocation quotas allocated to them by the NUC, must cut back on their in-take of law students until the new students embraces the modified curriculum thereby making them better equipped to go into the legal market.
 Lawyers should consider increased collaboration with other lawyers in order to build niche practice areas or specializations. Lawyers must move towards specialisation in partnerships as legal service providers in order to meet the increased demand for legal services.
 Lawyers must develop new practices areas with the aid of continuing legal education such as Tort Litigation / Class Actions, Medical Malpractice Law, Non-Profit/Charities Law, Patent Law, Personal Injury Litigation, Products Liability Litigation, Securities/Capital Markets, Administrative/Regulatory Law, Leveraged Buyouts and Private Equity Law, Energy Law, Entertainment Law (Nollywood, Music and Television), Commercial and Corporate Law and others.
 The legal profession as a professional body must create an awareness of the benefits of obtaining legal advice and input in all areas of economic activity. A massive and consistent publicity campaign can educate the general public on how lawyers can assist in ensuring the success of economic relationships, no matter the specific sector of the economy. This can be funded by levy on fees of lawyers.
 Review of the CPD programme should provide that lawyers must earn on an annual basis at least 4 units from courses relating to legal ethics, money laundering and corruption.
 Before a lawyer can set up his own legal practice he or she must undertake pupilage of minimum two (2) years under supervision of the pupil supervisor to be monitored by the regulator based on established handbook and procedures.

VII. To determine if aside from admission to the bar there should be a separate requirement for licensing law offices and advise how best to regulate and monitor such licensing.

Recommendations:

 The registration & accreditation of law firms should be made mandatory.
 There may be a need to establish a minimum standard for a law office [as is the current requirement for lawyers wishing to ‘take silk’] together with its inspection and registration prior to its being used as the site for a chambers or law firm to enhance the efforts to increase public confidence in legal services in the country.
 The licensing of Law Offices should be mandatory for every law office. Also, any person setting up a law office must have gone through not less than two (2) years pupillage in a law firm of a senior before he or she can be granted a license.

VIII. To advise on the need to introduce a system of pupilage into the legal profession and advise on the duration and how best to administer such a system of pupilage.

Recommendations:

• On pupillage, it was recommended as a good way to transmit values and skills to incoming lawyers. Thus, it is important that the effective supervision of such pupils and likelihood of exploitative and abusive treatment of junior lawyers during pupillage should be checked. In other jurisdictions like the United Kingdom, bad treatment of junior lawyers by their superiors leads to disciplinary measures.
• Lawyers newly called to the bar should be encouraged to go through pupillage for at least 2 or 3 years- the NBA should see to this by ensuring that pupillage is made mandatory.
• That senior Lawyer should be willing to invest in the junior Lawyers by mentoring and guiding them in ways of doing things, making materials at their disposal available to the younger Lawyers, to assist them to grow and build up their practice.

IX. To make any appropriate recommendations the Committee deems necessary or to achieve the objective of strengthening the legal profession in Nigeria.

Recommendations:

• On lawyers and Judicial Corruption: Each branch should have a committee of three [3] Lawyers of reputable standing to identify lawyers in their branch who are deemed as corrupt. In regards to the Judiciary, no individual should be immune to the law irrespective of the body you belong to.
• On awarding the title of the Senior Advocate of Nigeria: the process is questionable and lacking in transparency as many lawyers of dubious ethical standard have been conferred with the noble title. The number of Senior Advocates should be increased or better still, the process should be made more rigorous and be based on a lawyer’s contribution to the profession and not how many times one applies for it.
• New privilege of Certified Specialist: to assuage the need for consuming public to know the area of competence of lawyers they intend to brief and given the difficulties with attaining the high rank of Senior Advocate of Nigeria, a new additional system of Certified Specialist be introduced with lower entry than SAN of say 6 or 7 year post call and requirement for specialised training and certification and 30% of practice in that area of law.
• On regulation wear: That wig and gowns should be reserved for ceremonial occasions while lawyers should appear in their gowns alone or that we should continue with the wig and gown as there lies the mystery of the legal profession, and that abolishing it will demystify the profession; for the wig and gown is the working tool of every Lawyer. The issue of wig and gown was largely debated and the options were whether to continue with the tradition of wig and gown or to limit its usage to ceremonial occasions, rather than everyday use at the Courts or to adopt the use of the gown only and for-go the wig. However, based on the reactions and comments received via memoranda and at the Town hall meetings, many are of the opinion that the tradition should continue.
• On increased specialisation: other areas of law apart from litigation should be explored; that Lawyers should shift their focus from litigation and delve into other areas of law, so as to encourage diversity.
• On the paralegal profession: paralegals should be trained and curriculum be designed for them by the NBA.
• On the issue of enforcements of Court judgments: some judgments can only be enforced when consent is given by the Attorney General, who is a political appointee, and most times cannot sign such documents if they are against the interest of their employers. It was recommended that this issue be examined further for a solution.
• On Bill of Charges: the NBA should draw up a uniform bill of charges, as this would curb incursion by non-lawyers and undercutting amongst lawyers.
• On I.T Compliance and Finance Literacy: I.T literacy among lawyers is very low and therefore should be enhanced. There is also the need to introduce financial management courses for lawyers.
• On Implementation of the ACJA 2015: lawyers should be able to rise to the occasion and also advocate for domestication of the Administration of Criminal Justice Act, 2015 in the states.
• Customary and Area Court Judges: there is need for harmonization of Area Courts, Customary and District Courts and these courts should be manned by lawyers in order to create jobs for lawyers and for better service to the people in view of knowledge of trained lawyers.
• Standing Committee of the LPRR-Committee: a committee be set up solely for implementations of all these recommendations. This can also be the Liaison Committee as stated earlier in this report.

Extension of time
The Committee was meant to submit its report on or before 30th April, 2017. However, due to the enormous work of the Committee and the need for its mandate to be carried out meticulously, the Committee applied to the President of the NBA for extension to submit its report on or before 31st May 2017.

CONCLUSION

We are grateful to the President of the NBA for the opportunity given us to serve our great Association. We apologize for the length of time it took us to conclude this assignment.

NBA President, Abubakar Balarabe Mahmoud , SAN, OON, Inaugural Speech as APPENDIX I

SPEECH BY ABUBAKAR BALARABE MAHMOUD, SAN, PRESIDENT OF THE NIGERIAN BAR ASSOCIATION, NBA AT THE INAUGURATION OF THE NBA LEGAL PROFESSION REGULATION REVIEW COMMITTEE AT THE CONFERENCE ROOM OF THE NBA PRESIDENT ,NBA HOUSE ,ABUJA ON TUESDAY, 24TH JANUARY 2017.

PROTOCOL
National Officers of the NBA, Senior Advocates of Nigeria, Chairman and Members of the Committee being inaugurated, Gentlemen and Ladies of our noble profession, the media, distinguished Ladies and Gentlemen.
PREFACE
There is no doubt that the legal profession in Nigeria is facing a plethora of challenges, and we must move quickly to address these challenges if we are to maintain high standards and remain relevant in the increasingly globalized legal services industry. Of particular urgent concern is the regulation of the legal profession in Nigeria, which encapsulates admission to the Bar, legal education/Continuing Professional Development, legal services, and professional conduct and ethics.
THE PROBLEM
There have been growing concerns over the past decade or so about the falling standards in the legal profession. These concerns have been expressed among the Bench, Bar, and also by public. Areas of concern have included, low admission requirements, a sharp decline in the quality of legal education, and deteriorating standards of professional ethics. We have high rates of unauthorized practice of law, weak and inadequate statutes, weak legal, institutional and regulatory regimes for the legal profession in Nigeria, low level of compliance with the rules of professional conduct, poor and incompetent delivery of legal services to client, lack of client care, corruption, and threats occasioned by globalization of legal services.
With the globalisation of legal services and the onslaught of the internet, entry barriers to foreign practice are increasingly difficult to enforce, particularly for developing jurisdictions like Nigeria. Large corporations in Nigeria now import legal services from big international law firms, without regards to our law as to municipal licensing. Every year, legal work worth millions of dollars is firmed out to foreign Law Firms. I believe that the time has come not only to protect our work and stop encroachment by others, but also to open horizons of opportunities of legal work that will result in enhanced income for our members and expand our legal practice.
This poses enormous challenge for which we are scarcely prepared at the moment. We must work towards controlling and minimizing foreign invasion.
The above-outlined challenges make it extremely difficult to regulate the legal profession in Nigeria especially as these problems have remained unaddressed for decades.
Distinguished ladies and gentlemen, I strongly believe that the time has come to address the issue of regulation in the legal profession in Nigeria. In my inauguration speech in Port Harcourt in August 2016 I had this to say about regulation:

“With respect to Regulation, it appears clear that the regulatory architecture of the legal profession is out of date and out of sync with modern day Nigerian realities and indeed the size and complexity of the legal profession today. We must interrogate this and build a consensus on the direction to go. We need more rigorous and effective framework for establishing professional and ethical standards, reigning in erring unethical lawyers and rebuilding confidence in the legal profession. In doing this we will look at current global trends and trends on the African Continent. We cannot assume leadership role, regain our respect, nationally, across the continent and indeed globally if we do not change the current perception of the profession. We will review all current models of regulation and attempt to adopt new models or revamp the existing model. But this in our view is something we must do in our overall best interest. If the Nigerian Bar Association must retain its self-regulatory status, sufficient internal mechanism must be devised and adequate resources deployed to ensure that regulatory responsibilities are carried out effectively and efficiently and in line with accepted global standards. The major task of the Bar should be in enhancing its standards at professional and ethical levels and ensuring that bad eggs do not find sanctuary in its ranks”.
The foregoing statement underscores how weak and ineffective our current regulatory regime is. It can also be deciphered from the statement that the current regulatory framework underpinning the legal profession in Nigeria is obsolete and cannot address emerging trends and challenges in the legal services industry. Commenting on the need to review the existing regulatory mechanism and its inefficiency and ineffectiveness, I stated as follows in my speech at the 2016/2017 Opening of the legal year and Conferment of SAN speech in September 2016:
“It is not only the judiciary that requires reforms. Indeed the Bar is an eminent candidate for reform. I am referring to the reform of the regulation of the legal profession. The recent public concern about the profession has forced many of us to think deeply on the current state of the legal profession and indeed how the profession is being regulated. We realize that there is an urgent need to interrogate the architecture of the regulation. This is imperative if the legal profession in Nigeria is to be raised in sync with current international standards of the regulation of the profession. Many countries for instance are moving away from the current model of self regulation. A few have strengthened their Bar Associations and Law Societies to combine both the representative functions with the regulatory function. In my view this is a conversation that is long overdue. We must for instance interrogate the capacity of the Body of Benchers to continue its regulatory responsibility. The Body of Benchers currently comprises 240 members. Out of these, 99 are Life Benchers majority of whom do not attend the meeting of the Body due to age or other exigencies. 72 are State Chief Judges and Attorneys General, the NBA has 30 representatives. The remaining members are justices of the Supreme Court and President and Presiding Justices of the Court of Appeal Divisions all very busy people. The question really is what sort of regulation do we expect from a Body comprising 240 members many of whom we can only expect fleeting attention from. Many countries in the Common Wealth, though still retaining the ceremonial responsibilities of the Body of Benchers for admitting qualified persons to the Bar and custodian of the legal tradition and other formal powers, they have created new and more effective institutions for the more arduous and increasingly complex task of regulating the legal profession. In the United Kingdom for instance, the Legal Services Act 2007 is a legislation of over 400 pages. It defines the regulatory objectives to be achieved in the regulation of the legal profession in the United Kingdom and establishes the Legal Services Board as the Apex Regulator with the Bar Council and the Solicitors Regulation Authority having specific role of regulating Barristers and Solicitors respectively. My postulation is that unless we take important and urgent decisions, the legal profession in Nigeria will lag behind its other contemporaries in Africa and indeed internationally. The legal profession is key to the next phase of Nigeria's development. Effective regulation of the profession is an absolute prerequisite for the development of the profession.”

GOING FORWARD TO PROVIDE SOLUTION
Distinguished ladies and gentlemen, the Nigerian Bar Association is worried about the deteriorating professional standards in the legal profession. We are concerned that for too long the relevant and appropriate authority failed or neglected addressing the issues of regulatory gaps and challenges that are daily militating against the regulation of the legal profession in Nigeria. It is one thing to identify what the challenges are; it is another to tackle the challenges head long with a view to providing solutions. The NBA has decided to tackle these challenges. The NBA is now more determined to play a major role in ensuring a better regulated legal profession in Nigeria. We believe that the first step is to provide a platform to discuss and interrogate the current regulatory regime and come up with recommendations on the way forward. To this end, we have set up the NBA Legal Profession Regulatory Review Committee.
The members of the Committee are:
1. Dr. Anthony Idigbe, SAN – Chairman
2. Prof. Koyinsola Ajayi, SAN
3. Mrs Funke Adekoya, SAN
4. Prof. Taiwo Osipitan, SAN
5. Mr. Paul Usoro, SAN
6. Mrs Bisi Shoyebo, SAN
7. Chief Arthur Obi-Okafor, SAN
8. Yakubu Maikyau, SAN
9. Prof. C. J. Dakas SAN
10. Prof. Ernest Ojukwu, SAN
11. Mr. Olarewaju Onadeko SAN
12. Dr Mike Adeleke
13. Prof. Alwalu Yadudu
14. Patricia Igwebuike Orji (Mrs)
15. Prof. M. L. Ahmadu
16. Prof. Augustine Agom
17. Mr. Rotimi Odusola
18. Prof. Osita Ogbu
19. Mrs Sade Aladeniyi
20. Prof. Ogugua Ikpeze
21. Dr. Aminu Gamawa – Secretary
22. Prof. U.U. Chukwuemeka Eze
23. Mr Eric Otojahi – Assistant Secretary.
It is worthy of mention that we have co-opted junior lawyers to be part of the Committee. These junior lawyers were picked to have their perspectives on the subject matter of regulation of the legal profession. The names of the co-opted junior lawyers are as follows:
1. Mohammed Adelodun, Esq.
2. Sa'adatu Hamu-Aliyu (Ms)
3. Chideofor Onuoha, Esq
4. Olive Akem, Esq
5. Zubaida Mahmoud (Ms)
6. Temitope Ige (Ms)
There terms of reference are as follows:
1. To review the current regulatory objectives and regulatory architecture of the legal profession and advise on its suitability to meet the current requirements for a robust, responsive and independent modern legal profession in Nigeria;
2. To determine on whether the NBA retain both its regulatory and representative functions, and if so, what necessary measures should be put in place to strengthen these roles and ensure that neither is compromised;
3. In particular, to review the role of the Body of Benchers, the General Council of the Bar, the Council of Legal Education, the Supreme Court of Nigeria and the NBA in the regulation of the legal profession and determine if the roles being played by these institutions and organs are appropriate to meet the needs of a robust and modern and independent legal profession in Nigeria;

4. To determine for instance, given the current composition of the Body of Benchers, if its role should not be formal and ceremonial limited to formal call to Bar and formal disbarment of members of the legal profession while ceding the more rigorous duty of regulation to the more appropriate organs either of the NBA or the General Council of the Bar or any desirable Agency;

5. To obtain the proposed bills for review of the legal practitioners Act pending at the National Assembly and review same in the light of the recommendation arising from the work of the Committee envisaged in these terms of reference;

6. To review the current standards for admission into the Nigerian Bar and recommend changes. In particular determine whether the current threshold of 40% as pass mark for Bar examinations at the Nigerian Law School is realistic and determine how such threshold compare with entry requirement into the legal profession across Africa and the rest of the world and make appropriate recommendations;

7. To examine, given the current size of the legal profession, its exponential growth in recent years relative to the needs of the Nigerian economy, the desirability of candidates seeking admission to the law faculties in Nigeria to possess a degree in another discipline as a condition for admission;

8. To review the ethical requirements for admission into the legal profession and determine the adequacy of such requirements and how best to maintain high ethical and professional standards in the legal profession;

9. To determine if, aside from admission to the Bar there should be a separate requirement for licensing law offices and advise how best to regulate and monitor such licensing;

10. To advise on the need to introduce a system of pupillage into the legal profession and advise on the duration and how best to administer such system of pupillage;

11. To make any appropriate recommendations the Committee deems necessary or to achieve the objectives of strengthening the legal profession in Nigeria;

12. To submit its report on or before the 30th day of April, 2017.

Please note that you are to do other things necessary that will assist your work in recommending a stronger regulatory regime for the legal profession in Nigeria.
Permit me to use this opportunity to point out that there is a draft Rules of Professional Conduct that was prepared by a Sub-Committee of the General Council of the Bar under the Chairmanship of Yemi Candide-Johnson SAN. The immediate past Attorney-General of the Federation and Minister of Justice didn’t sign it before leaving office. The Office of the President of the NBA shall get copies of the draft and report of that Sub-Committee for this Committee to determine if there is need for further review and come up with final draft.
CONCLUSION
I conclude by reiterating the importance of the assignment given to this Committee. One of the cardinal programmes of this administration is the regulation of the legal profession in Nigeria. It is a programme that is dear to my heart. I look forward to the traction and the mileage that will be gained by the work of this Committee. I have no doubt in my mind that my generation and even our children and grand children shall benefit from the work of this committee.
I thank the members of this Committee for accepting to serve the Bar in this capacity. I searched and could not find more qualified and competent men and women of this calibre to do this work. I thank you so very much for accepting this call to serve. Your service to the Bar will not go unappreciated. The reports you turn in will not be left gathering dust in the archives. They will be implemented, either at the level of your national officers or NBA National Executive Committee or Annual General Meeting or even National Institutions such as the National Assembly or the Presidency or even the Judiciary.
Upon the submission of your report and recommendation, a Bill shall be presented to the National Assembly either to amend the Legal Practitioners Act or to repeal and replace the Legal Practitioners Act. We shall lead a high level legislative advocacy to ensure speedy passage into law. There is no time to waste. I encourage you to work with high speed and dispatch. Fortunately you may not need frequent physical meetings as you can work and make presentations with the use of information technology.

Congratulations on your appointment to serve! Again I thank you all for coming and accepting. Your assignment with the greatest respect begun last year.

I thank you all for your time and audience.

ABUBAKAR B. MAHMOUD, SAN
PRESIDENT, NIGERIAN BAR ASSOCIATION
JANUARY 24, 2017.

Chairman of the Committee, Chief Anthony Idigbe SAN Inaugural Speech as APPENDIX II

SPEECH OF ANTHONY IDIGBE SAN, CHAIRMAN NBA LEGAL PROFESSION REGULATION REVIEW COMMITTEE ON THE OCCASION OF THE INAUGURAL MEETING AND 1ST PLENARY SESSION
Protocol
The President, NBA, Abubakar B. Mahmoud, SAN
Secretary General NBA, Abiola Olagunju
Members of the NBA LPRRC
Learned Senior Advocates
Learned Professors & Judges
NBA Directorate
Members of the Press
Distinguished Ladies & Gentlemen
On behalf of the members of the NBA Legal Profession Regulation Review Committee, I thank the President of the NBA, Abubakar Balarabe Mahmoud SAN for constituting this very important Committee and for the privilege given to us to serve on the Committee.
Mr President, in your lecture at the 32nd Convocation Ceremonies of Bayero University delivered on Friday 22nd April, 2016 and appropriately titled, ‘Business as usual or Business unusual: The Future of the Legal Profession and Democratic Development in Nigeria’, you said as follows after exhaustive review of history of the legal profession in Nigeria, ‘...the legal system and the legal profession have a crucial role to play in setting the stage for the next phase of our journey to democracy and development. In the pre-colonial era and under military rule, the legal profession played important roles in liberating us from colonial subjugation and freeing us from military tyranny and dictatorship. The challenge of the new era is different. It is of guaranteeing the right to development for our citizens. It is about building institutions, systems and processes that guarantee good governance and balanced sustainable development. It is about enthroning the rule of law, ensuring protection of the rights of all citizens to pursue their endeavours in an atmosphere of peace and harmony. In a complex, multi-ethnic, multi-religious divergent society like ours, this is by no means an easy task. But that is where the knowledge, skills and capacity of the legal profession working with other stakeholders and groups and the citizens generally needs to be called up and mobilized’.
You said further, ‘My postulation is that the legal profession must first reform itself. At this stage, let me separate the legal profession into at least two of its main component parts: the Bar under the aegis of the Nigerian Bar Association and the Judiciary. The Bar, I will argue, has received a lot of battering in recent times. Its public perception is probably at its lowest ebb. It is no longer the prestigious profession held in awe by the public. The reasons for this are obvious. The quality of training, level of professionalism and high ethical values for which the profession was usually associated appear to have weakened considerably. Consequently, the quality of justice administered has also dwindled’.
Now as President of the Nigerian Bar Association you have the opportunity to pursue your agenda for reform of the legal profession leading among other initiatives to the constitution and inauguration today of this Committee. According to a quote by R. Buckminster Fuller, an American architect, inventor and author, ‘You never change things by fighting existing reality. To change something, build a new model that makes the existing model obsolete ‘. Therefore, Mr President, we share your vision for reform. The importance of the legal profession cannot be overemphasized. Lawyers stand between individuals and government to prevent abuse of governmental powers. They also stand between individuals in the assertion of rights against each other. The entire system of administration of justice is designed to achieve the purpose of fair dispensation of justice without fear or favour. Justice is said to be blind. However, by its very nature the system of administration of justice deposits great power in judges and in lawyers. The lawyers also stand between individuals and judicial powers to prevent abuse of judicial power.
There is confusion in understanding of knowledge of law and practice of law. Having knowledge of law alone does not necessarily qualify a person to practice law. The reason is that the practice of law is a position of power, trust and privilege. It empowers the lawyer to represent and act on behalf of clients, to hold property and money for clients and to bind clients without necessarily the need for a power of attorney. It confers a general license to do many different things on behalf of the client. The judge who is also a lawyer has even more powers than the practicing lawyer. Apart from being able to bind parties, establish or discharge liability, they can impose the ultimate punishment, the sentence of death.
In return for the power, privilege and trust granted to lawyers, the profession must be regulated to ensure the protection of public interest and prevention of abuse of this privilege. In addition, the profession has been the subject of encroachment not only from other professions but also globalisation which has broken territorial barriers in the delivery of legal services.
The question for the committee therefore is what is the extra standard required of lawyers apart from knowledge of law for admission to practice of law. It seems simple that the answer is competence and ethics. However, setting the standard and maintaining competence and ethics seems to be the problem. As Mr President rightly pointed out, these two critical defining values of legal practice appear to have ‘weakened considerably’ over time and ‘the quality of justice administered has dwindled’. The committee fully understands the expectation that it should thoroughly examine the structures of the legal profession and make suggestions for its revival and resurgence as the premier profession in Nigeria with high level of competence (comparable to international best practice) and highest ethical values. In addition to a continuous competence and ethics programme, the reward system of the LPPC needs to be reformed as well. There is the need to encourage specialization through a second layer of recognition below SAN which can be called Certified Specialist. To be entitled to this appellation the lawyer would be required to meet certain conditions including specialization in an area of law in terms of knowledge and practice, certification of continuing professional development through the LPPC, among others. The LPPC itself would certainly be reformed in terms of completion and appointment.
It is in the above context that we intend to consider the terms of reference of the Committee. It is our hope that the outcome of our work, if implemented, will create an institutional framework for consistent regulation of the legal profession which ensures those allocated privilege of practice bear the burden of responsibility whilst those who are unable to obtain the privilege are also adequately engaged in areas of work that bear less assertion of responsibility. It is also hoped that the future state of legal profession would be such that Nigerian firms would be able, in the short term, to compete regionally and expand regionally on the back of Nigerian businesses that are going regional. In the long term, it is hoped that the future state of legal profession would sufficiently protect the local industry without inhibiting globalization whilst preparing Nigerian law firms to be able to compete globally.
In order to be able to achieve the lofty ideals set by our terms of reference, our future state regulatory objective must be clear and concise and our regulatory architecture must be consistent. After fifty-seven years of independence, we cannot continue to depend on historical accidental institutional framework for the regulation of our profession. As George Bernard Shaw said, ‘Those who cannot change their minds cannot change anything’. We intend to examine the regulatory architecture dispassionately. As they say in engineering at times it is too expensive to renovate; green field projects in those circumstances may be better than a brown field project. We are completely open. Our work will determine whether we would go for green field or brown field solutions.
Mr President, to be able to tackle the complex terms of reference you have given to us, we will need input from the profession and the public that the profession serves. We have prepared a work plan that would facilitate stakeholder engagement at different levels. Our Call for Memoranda has already been issued and I am informed that the response has been most encouraging. We are also engaging with key stakeholders such as the judiciary, the law school, law faculties, Attorney Generals, NJC, NJI, National Assembly leadership, etc. We will also be inviting international resource persons in the area of global thinking in legal practice as well as experienced regulators of well-established regulatory regimes. You have given me assurances that NBA would lay before the Committee its extensive worldwide relationship to mine required resources. We are indeed grateful for this kind support.
Mr President may I express my personal confidence in the capacity and commitment of the committee members and thank them for their support of the leadership. Mr President, subject to cost, we could also do with some additional younger practitioners as you had privately indicated, as the work of the committee is also a process of transfer of values and it is important that the next generation be sufficiently engaged. Be that as it may, we intend to organize town hall meetings to enable us hear all who want to be heard before we conclude.
‘Change is the law of life. And those who look only to the past or present are certain to miss the future’, thus said President John F. Kennedy in 1963. We do not want to miss the future, rather we want to create the future that would be resplendent for our profession and our beloved country Nigeria. We thank you, Mr President, for all your support, moral, intellectual and financial, for the work of the committee and again assure you that we will not disappoint your confidence in us. We hope that the outcome of our work would include specific legislative draft which can establish the agreed regulatory objectives and architecture. We will endeavour to meet the set deadline, all things being equal. We are confident that our work will bring about the required change in our legal system, bearing in mind Margaret Mead’s words, ‘Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has’.
Thank you again.

Anthony Idigbe, SAN
Chairman NBA LPRRC

The NBA LPRR
Job Creation Sub- Committee's Report as APPENDIX III

INTRODUCTION
The shortage of jobs for lawyers is a global challenge being faced by many nations in the world. Simply put, there are too many lawyers being churned out of the universities and the law schools but not enough jobs for them. Also, the current economic recession in Nigeria has further made it difficult for lawyers to find jobs and also for law firms to employ lawyers because the legal profession like many others has been downsizing. Some experts suggest a communication gap between clients and the legal advice they seek; thus, suggesting that there ought to be a means of connecting lawyers to people who need them.
These recommendations intend to highlight the means in which young lawyers can gain access to jobs as well as open pathways for diverse and rewarding areas of practice in both public and private practice as we continue to grow the legal profession in Nigeria.
In line with the Chairman’s mandate of creating an inclusive Bar, this report was prepared by young lawyers in the Legal Profession Regulation Review Committee (LPRRC), to provide futuristic insights to the committee on strengthening the legal profession in Nigeria.
In preparing this recommendation a holistic review of access to the legal jobs in the private and public sector was carried out. The recommendation highlights pathways for creating access to jobs in the legal profession by implementing structural changes at the Federal and State level. The recommendation also reviewed the engagement of lawyers in public policy by the Legislature, Ministry of Justice as well as promotion of public policy research and development by the Nigerian Bar Association. In view of the evolving nature of the legal profession, continuing legal education to provide lawyers with the necessary skills to give professional exclusivity on transactions.
Editorial Review: This recommendation was reviewed by
Organisations and Agencies Featured: Ministry of Justice, Nigerian Legal Aid Council, Nigeria Bar Association, National Assembly of the Federal Republic of Nigeria, Local Governments and Council of Legal Education. If there are organisations and agencies that can provide access to employment and internship opportunities that were not captured in this recommendation please email --------- with your recommendation.
Acknowledgments - Members who contributed to the recommendations:
1. Jideofo Onuoha
2. Mohammed Adelodun
3. Olive Akem-Vingir
4. Saadatu Falila Hamu
5. Temitope Ige
6. Zubaida Mahmoud

RECOMMENDATIONS
1. LEGAL AID
1.1. This entails the provision of assistance to people otherwise unable to afford legal representation and access to the court system. But to be effective, the current system has to be more inclusive of young and senior lawyers. It is hereby suggested that every law firm in Nigeria be registered with the Legal Aid society for pro bono matters to be handled. Also, it should be mandatory for every Senior Advocate of Nigeria (SAN) to be assigned a minimum of 5 cases by the Legal Aid Council of Nigeria. This will foster a better relationship between the public and the legal profession and consequently increase public confidence. Increased participation of Senior Advocates in legal aid cases will increase participation of younger lawyers, thereby creating jobs within the legal aid society. The engagement of lawyers with the legal aid council to take matters will provide an opportunity for young lawyers to learn and also be a means of decongesting the prisons and courts.
1.2. The Council must be reenergized and adequately funded to be able to properly discharge its functions.
1.3. In reenergizing the council, its composition should draw not just from the public sector as currently run but also have some corporate representation to better access funds from the corporate entities. The Council through its diverse membership should better appeal to the corporate social responsibilities of the corporate sector.
1.4. The assignment of cases to senior lawyers and volunteer support by young lawyers will ensure that there are resources and skills to diligently pursue the matter.
1.5. The Federal Ministry of Justice should remain responsible for the operation of the legal aid scheme.
1.6. Funding of the re-energised legal aid scheme should come from the private and public sector.
1.7. Individuals and non-governmental organisations should be encouraged to contribute (by giving gifts or donations) to the funding of the legal aid scheme.
1.8. There should be a mandatory requirement for all Bar members to participate in the activities of the Legal Aid Council, by either serving in a pro bono capacity or donating a fee in lieu of services.
1.9. The NBA should give the Legal Aid Council 75 percent of the interest earned on lawyers’ and paralegals’ trust fund balances, after the Bar deducts its operating expenses.
1.10. The Ministry of Justice (Justice Department) should give a portion of the funding it received from the Federal Government under a cost-sharing agreement.
2. LEGAL ASSISTANCE AND SUPPORT TO THE NATIONAL ASSEMBLY
2.1. Whilst keeping the Legal Directorate of the National Assembly, it is desirable for each member of the National Assembly to have a Legal Assistant. This is important as the process of law making is crucial to our jurisprudence. Being the law-making arm of the government, it is pertinent that lawmakers are guided by a lawyer. This will aid legislation, strengthen the platform for jurisprudence and create multiple jobs for lawyers. Establishing a framework for legislative lawyers ensures that legislators and legislative lawyers operate within ethical frameworks in line with the rule of professional conduct.
3. MAINTAINING AN UP TO DATE DATABASE
3.1. The NBA should collect information on the names of all lawyers in Nigeria including the year of call and past and present affiliations to law firms and any other association. This is aimed at making legal services readily accessible to the public, thus bridging the gap between the public and the legal services they seek. This database will also make for efficient and effective enforcement of the regulations guiding the legal profession.
3.2. The database should contain information on specialized fields lawyers practice to allow the public make informed decisions when engaging lawyers on certain matters/transactions. The database will serve as a direct link between lawyers and public which they seek to serve. In England, Public Access Scheme was established in 2004 and is regulated by the Bar Standards Board. This Public Access Scheme if established, also allows the NBA to monitor growth and development of the legal practice beyond just litigation to more practice areas.
4. REFORM AND CREATION OF LEGAL / REGULATORY COMPLIANCE UNITS
4.1. Administrative regulation affects every type of activity in the country. Businesses and the citizens are responsible for knowing and complying with the regulations that affect them, with the help of Solicitors or other consultants. The administrative agencies on the other hand have the authority to pursue enforcement actions, for optimal compliance there is need for creation of regulatory units at the MDAs.
4.2. Integrate lawyers in enforcement of compliance at the Corporate Affairs Commission compliance department.
4.3. Provide a centralized regulatory compliance information online by all MDAs for ease of compliance with rules and regulations of each MDA.
4.4. The MDAs should also provide the NBA with periodic updates on all regulatory compliance regulations changes.
4.5. The Attorney General should get more involved in the composition of the Law Reform Commission to ensure it is alive to its duties and responsibilities whilst also ensuring adequate funding.

4.6. The Attorney General being the Chief Law Officer should ensure the creation of Legal Department in all MDAs and compliance units within the Legal Departments.
4.7. The funding of MDAs are generally from the budget thus the need for the Attorney General to be comprehensive in his budget proposals and proactive in getting same passed by the legislature.
4.8. The Attorney General also needs to interface with MDAs to adequately fund their Legal Departments.
4.9. MDAs that regulate/supervise corporate entities should impose fines and levies and a percentage of that should go to the Legal Departments and a fraction further to the Attorney General’s office.

5. EXCLUSIVITY ON LEGAL TRANSACTIONS
5.1. All legal transaction documents must be franked by a legal practitioner to be deemed valid as stipulated by the NBA Stamp and Seal Policy.
5.2. Land registries should not accept and register documents transferring, mortgaging, or conveying title unless it is done properly by a legal practitioner. Only a legal practitioner should be able to transfer title in conveyancing of property.
5.3. The Stamp and Seal policy will effectively facilitate compliance, however there is need for more public awareness of the stamp and seal policy. This can be through enlightenment campaigns of the benefits of the stamp and seal on all agreements and transactions.

6. ESTABLISHING AND FORMALIZING THE ROLE OF PARALEGALS

6.1. There is a need to promote the role of paralegals in the delivery of legal services within Nigeria as they play a vital part in the administration of justice. Most law offices in Nigeria have law clerks, legal secretaries or research assistants that carry out some of the duties of a paralegal but majority of them lack the requisite training of a paralegal and are limited in skill. A paralegal is one that is well trained, qualified and has a high level of expertise in substantive and procedural law by reason of experience in the field. The American Bar Association has promoted the paralegal career for many years and defines a paralegal as a person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.
6.2. Status of Paralegal Services in Nigeria: Paralegal services are largely unrecognized and underdeveloped in Nigeria, as the job of a qualified legal practitioner is seen as being superior to that of a paralegal. However, just as paramedics are vital in the medical field, the role of paralegals in the legal industry cannot be ignored.
6.3. The Legal Aid Act 2011 established the Legal Aid Council which is responsible for the grant of legal aid, advice and access to justice in three broad areas which are; Criminal Defense Service, Advice and Assistance in Civil matters including legal representation in court and Community Legal Services subject to merits and indigence tests for the parties. In accordance with the Act, legal aid to qualified persons includes the assistance of a legal practitioner, representation by a legal practitioner before any court and such additional aid as may be prescribed. The Legal Aid Act makes some sort of formal recognition of paralegals and goes further to define Paralegals in Section 24 of the Act as any person although not admitted to the practice of law in Nigeria, performs substantially legal tasks under the direction and supervision of a legal practitioner.

6.4. Interestingly, Section 17(3) of the Act enables the Council to grant licenses to persons who have undergone training courses in paralegal services to render such services where appropriate. However, this provision is inexplicit as it does not state the context of the prescribed training course, neither does it state the criteria or procedure to be adhered to for the grant of license by the Council. Furthermore, the Council is expected to make regulations for the involvement of paralegal aid in accordance with the Act. Currently there are no regulations or guidelines by the Legal Aid council regulating paralegal services in Nigeria. The role of a paralegal is clearly distinct from that of a qualified lawyer and in order to ensure that paralegals carry out their functions effectively and within the ambit of the law, they must be properly regulated by specific regulatory bodies, particularly the Nigerian Bar Association and the Legal Aid Council.

6.5. RECOMMENDATIONS:

6.5.1. Firstly, in order for the job of a paralegal to be given due recognition within the legal profession, it is essential that those seeking to become paralegals are well trained to engage in substantive legal work. Paralegals must undergo the required educational training (first degree & a certification course) before accreditation by the Legal Aid Council.

6.5.2. Law graduates that do not meet the requirements of the Nigerian Law School can be encouraged to take up paralegal services as an alternative.

6.5.3. Establishment of fully functional Paralegal Training Institutes across the Federation (as done in South Africa, Zimbabwe, Canada, The United States of America and The United Kingdom).

6.5.4. The Nigerian Bar Association and the Legal Aid Council should work together to develop a training curriculum to be implemented in the training institutes.
6.5.5. The Nigerian Legal Aid Act of 2011 should be reviewed and amended to give detailed and formal recognition of paralegals in Nigeria (as was done in the Malawian Legal Aid Act 2010 which sets out the criteria for the recruitment of legal assistants/paralegals).
6.5.6. Actively involving paralegals in legal aid services thereby providing easier access to justice for indigent persons in the society.
6.5.7. The Nigerian Bar Association and The Legal Aid Council should take up the responsibility of regulating paralegals in Nigeria, including the enactment of a professional code of conduct for paralegals and guidelines clearly stating their functions in the profession.
6.5.8. An employer of paralegal services shall be responsible for remuneration of the paralegals.
6.5.9. Paralegals being part of the legal profession and under the regulation of the Nigerian Bar Association should be required to pay an operating fee to the Nigerian Bar Association yearly to secure their right to operate in the legal industry. This would generate additional funds for the NBA which would be directed to other initiatives.

7. CREATION OF LEGAL DEPARTMENTS IN ALL LOCAL GOVERNMENTS ACROSS THE FEDERATION

7.1. There are 774 local governments in Nigeria including the four area councils in Abuja. The aim of local governments is to meet the needs and demands of people in a cost-effective manner at the lowest level of government. The fourth schedule of the 1999 Constitution (as amended) outlines the functions of local government councils which include the consideration and the making of recommendations to a state commission on economic planning or any similar body on economic development of the given state. Majority of the functions listed in the schedule revolve around the development of the state at the grassroots level. Unfortunately, the local government is faced with certain problems that often times limit its ability to perform effectively. These include inadequate planning, poor implementation of policies, mismanagement of funds and lack of trained and skilled professionals to support its work. Thus, it is pertinent that legal departments are established in all local governments to ensure that local governments fulfil their functions of bringing about massive development and growth to citizens at the lower level of government. This policy should be championed at the federal level with the assistance of the Attorney General of the Federation; and this initiative should be funded by the Government.

7.2. RECOMMENDATIONS
7.2.1. Amendment of extant Local Government legislations and passing of by-laws to provide for the establishment of legal departments in each local government.
7.2.2. Allocation of sufficient funds by the government to facilitate the established legal departments.
7.2.3. Such departments should be structured to work with the Director of Public Prosecution under the state's Ministry of Justice as well as mirror District Attorneys in the United States.

8. PROSECUTION AT MAGISTRATE COURTS
8.1. Prosecution at Magistrate Courts should be handled by Lawyers alone except police officers who have been called to the Nigerian Bar.
8.2. By virtue of Section 106 of the Administration of Criminal Justice Act (ACJA) 2015, the prosecution of all offences in any court, including the Magistrate Court shall only be done by i) the Attorney-General of the Federation or a law officer in his Ministry or Department ii) A legal practitioner authorised by the Attorney-General of the Federation or; iii) A legal practitioner authorised to prosecute by the ACJA or any other Act of the National Assembly. This provision abolishes lay prosecution by police officers at the Magistrate Court and recognises the power to prosecute as being exclusive to qualified legal practitioners.
8.3. The police force should be mandated to refer all criminal matters to qualified practitioners.
8.4. The Office of the Attorney-General should ensure proper implementation of this provision in all jurisdictions within the Federation.
8.5. Proper implementation of this provision will result in proper prosecution of cases and speedy dispensation of justice, while creating more jobs for legal practitioners.

9. Funding Initiatives
9.1. The Offices of Attorneys General of the Federation and of the States enjoy a prime place in the Executive Councils due to the priority and powers donated by the Constitution of the Federal Republic of Nigeria 1999 (as amended). However, enormous as the responsibilities of the offices it suffers from poor funding. The general notion is that the Ministry is not a capital project (infrastructure) funding ministry. Whereas majority of the legal fallout of the capital projects is shouldered by the ministry through in-house counsel and external solicitors thus the need for better funding.

9.2. The Office of Attorney- General should be better funded by the Federal Government in order to adequately perform its duties.

9.3. The Government should enable the Attorneys- General to charge a flat rate for every use of his seal or those of his counsel.
9.4. The Attorney General should get a value (1-2%) of any transaction/contract Government undertakes to be deducted by the Auditor General.

10. CONTINUING LEGAL EDUCATION
10.1. The NBA in collaboration with the Institute of Continuing Legal Education should mandate that all lawyers attend a minimum of 15 hours of legal education training on different areas of law each year. Non-compliance with this requirement should attract a penalty fee which would be paid to the NBA before the 31st March of the following year. Failure to comply for a period of two years or more could also lead to suspension of law practice for the defaulter.
10.2. The Institute of Continued Legal Education shall maintain a register of all lawyers that have complied with the CLE requirement and release an annual report at the start of each year which would put non-compliant persons on notice and urge them to comply.
10.3. The NBA should organise more training courses for lawyers to engage with persons that are actively engaged in specialised fields of practice, particularly very senior lawyers that have gained due recognition for their expertise in certain fields of law. It is believed that making CLE mandatory would challenge and encourage lawyers to gain more knowledge in various fields of the law thereby creating more opportunities to tap into diverse emerging areas of law.

11. PUBLIC POLICY RESEARCH, ENGAGEMENT AND DEVELOPMENT
11.1. Establishment of a think tank to conduct research and engage in advocacy around particular issues.
11.2. The primary function will be to help government particularly the legislature to understand and make informed choices about issues of national concern.
11.3. It will provide a forum for legal debate which will encourage interrogating the laws that govern us now and those that will govern us in the future.
11.4. The activities that will be involved in fulfilling the functions of the think tank include research, analysis, framing policy, conducting evaluations of government programs, disseminating research findings etc. This will provide a range of opportunities for lawyers.
11.5. The Think Tank would also support the Law Reforms and Research Committee of the Legal Profession Regulation Council of Nigeria in generating and pioneering tangible reforms as a=may be required.
11.6. The Section of Public Interest and Development Law (SPIDEL) should work closely with the public sector at both the federal and state level with the aim of devising and advocating viable public policy recommendations.
13. SUMMARY OF RECOMMENDATIONS
● Engagement of senior lawyers in justice reform on the administration of criminal justice reform by handling cases on prison decongestion and better funding for the Legal Aid Council to be drawn from both the Public and private sectors.
● Creation of legal and regulatory compliance departments in all MDAs at both the State and Federal level. This is to ensure compliance with extant laws by the MDAs and proper disciplinary actions be taken where MDAs are found to be contravening any law.
● Introduce or amend existing legislation to establish the office of the Legal Adviser/ District Attorney working directly with the states’ ministry of justice in all 774 local governments of the Federal Republic of Nigeria.
● The amendment of all criminal laws and penal codes to reflect present day need and also particularly make provision for prosecution at Magistrate Courts to exclusively be handled by lawyers. This will encourage the engagement of lawyers by the Nigerian Police Force, and minimize unlawful arrest and prosecution.
● The engagement of lawyers for independent and impartial investigations by the office of the DPP and EFCC at both the State and Federal level into all allegations.
● Mandatory engagement of lawyers by legislators as part of their core staff members in line with international best practice and ensure development of legislative advocacy in Nigeria.

● Establishing the Office of the Legislative Counsel that will be responsible for providing technical expertise in legislative drafting and ensure that draft bills accurately reflect the policy intention.
● The enforceability of continuous legal education by the NBA for capacity building.
● The enforceability of stamp and seal policy for both public and private sectors to provide exclusivity for lawyers.
● Optimum funding for the Office of Attorneys General and ability to Charge a flat rate for the use of seal and get a value on every transaction embarked upon by government.
● The development of paralegal practice in Nigeria, to provide more opportunities for lawyers who do not qualify to practice as Barristers and Solicitors of the Supreme Court of Nigeria.
● The engagement of lawyers in public policy development and implementation by the executive arm of government and establishment efforts to establish SPIDEL in all other Bar Branches.

Activity Person/Body Responsible Cost/Funding
1. Legal Aid AGF ● Money in lieu of Pro Bono by Lawyers/Law Firms
● 75% of Interest earned on Lawyers’ and Paralegals’ Trust Fund Balances
2. Legal Assistants to the National Assembly AGF ● The National Assembly Budget
3. Database for Legal Practitioners NBA ● NBA
4. Legal Regulatory Compliance Units NBA/AGF ● Budgets of MDAs
5. Exclusivity on Legal Transactions NBA N/A
6. Creation of Legal Departments at Local Governments AGF ● Local Government Budget
7. Prosecution at the Magistrate Court AGF N/A
8. Establishing and Formalizing the Role of Paralegals NBA/Legal Aid Council ● Payment of Operating Fees by Paralegals
● Training Fees for Paralegal Courses
9. Continuing Legal Education NBA ● Training Fees for Courses
10. Think Tank for Public Policy Research and Development NBA (SPIDEL)  NBA

The Minutes of the Town Hall Meetings as APPENDIX IV

LEGAL PROFESSION REGULATION REVIEW COMMITTEE TOWN HALL MEETING IN LAGOS STATE

INTRODUCTION
At his inauguration as the 26th President of the Nigerian Bar Association in August 2016, The President of NBA, Abubakar Balarabe Mahmoud, SAN said, 'With respect to the legal profession, it appears clear that the regulatory architecture of the Nigerian legal profession is out of tune with today's realities and the complexities of the legal profession today” “There is no doubt that the legal profession in Nigeria is facing a plethora of challenges. The values of legal practice appear to have weakened considerably over time and the quality of justice administered had dwindled.” Hence he deemed it fit to constitute the Legal Profession Regulatory Review Committee (LPRRC) on the 28th December 2016, and inaugurated it on the 24th of January 2017, to review the current regulatory objectives and regulatory architecture of the legal profession and restore the lost glory of the profession.

IN ATTENDANCE
1. Abubakar Balarabe Mahmoud, SAN,OON
2. Chief Anthony Idigbe, SAN
3. Hon. Justice M. L. Garba
4. Hon. Justice K. I. Amadi
5. Hon Lynda Ikpeazu
6. Prof Koyinsola Ajayi
7. Mrs Hariat Balogun
8. Hon George Etomi
9. Odein Ajumogobia SAN
10. Dr Olanrewaju Onadeko
11. Prof Awalu Yadudu
12. Prof Robert Agom
13. Mrs Ifueko Alufohai
14. Mr Martin Ogunleye
15. Members of the NBA’s LPRRC
16. Senior Advocates of Nigeria
17. Members of the NBA National Secretariat
18. Pressmen
19. Members of the Public

1. Overview:
The NBA’s Legal Profession Regulation Review Committee under the Chairmanship of Chief Anthony Idigbe SAN organized a One day Town Hall meeting opened to members of the Public to solicit for suggestions on ways to reform the Legal Profession.

2. Town Hall Meeting :
The meeting started with a call to order at 1:25pm by the NBA National Welfare Secretary, Mr. Adesina Adegbite, Esq, followed by NBA Prayer rendered by Mrs. Hariat Balogun , the National Anthem sang by all present , and introduction of guests. After the preliminaries the Welfare Secretary invited the Chairman of LPRRC, Chief Anthony Idigbe, SAN for his welcome remarks

3. NBA LPRRC Chairman’s Remarks:
The Chairman of NBA LPRRC, Chief Anthony Idigbe, SAN, started by stating that the objectives of the Town Hall meeting is to receive feedback on how to reform the legal profession. He said: "The President of NBA, Abubakar Balarabe Mahmoud, SAN, deemed it fit to constitute this committee on December 28, 2016, and inaugurated it on January 24, 2017, to review the current regulatory objectives and regulatory architecture of the legal profession.
“There is no doubt that the legal profession in Nigeria is facing a plethora of challenges. The values of legal practice appear to have weakened considerably over time and the quality of justice administered had dwindled.
According to President of NBA, 'we must move quickly to address these challenges, if we are to maintain high standard and remain relevant in the increasingly globalized legal service industry.
"After 57 years of independence, we cannot continue to depend on historical framework for the regulation of our profession. We are dispassionately examining the regulatory architecture with a view to recommending a review and a reform of the system in order to achieve the lofty ideals of our terms of reference. To achieve this end, the committee set up two sub committees, namely; Current State subcommittee and Future State Sub-Committee.
The Current State Sub-Committee is analyzing the current state of the legal profession in order to identify areas of reform which include review of existing laws, review of pending bills and review of overall structure and institutional framework of the legal profession.

"The future state Sub-Committee is working on what shoulder be the future regulatory and institutional framework of the profession. The Committee has come up with some initiatives for the future state that should be considered in proposing any reforms. In carrying out its task, the committee considered stakeholders in the legal profession and the public which the profession serves. As part of the committee's stakeholders' engagement plan, calls for memoranda from the public and key stakeholders in the profession were made. The committee has received various memoranda and feedback from the public. The committee is also engaging the judiciary and has had a meeting with the Chief Justice of Nigeria, Justice Walter Onnoghen, when he was in acting capacity.
“The committee is also engaging the Attorney General of the Federation and has had meeting with him and he has nominated members into the committee. The Committee is engaging all other Attorneys-General, the National Judicial Commission, the National Assembly leadership and other stakeholders.
"And, of course it’s’ primary constituency, which are NBA members.
" The committee will hold a retreat in Calabar, early April, to consider all the suggestions and ideas from various stakeholders which will be presented to NBA President by April 30th, the deadline given for submission of our report.
"Essentially, what we have done in this committee work is take a look at our own system, see the best practices around the world, and identify the gaps which should be plugged. In this respect, we thought of 32 initiatives that could move us from where we are today to where we want to be. That is the Future State. And that future state would be a profession that has clearly stated regulatory objectives. The future we wish to have would be a profession that has a consistent and harmonized regulatory environment. We found that the regulatory environment, today, is fractured. It is located in different institutions and organizations including the NBA and we found that you don't have enough harmony among the different institutions such as Body of Benchers, the Privileged Committee, the Disciplinary Committee, the Supreme Court and the NBA. They all play different roles in the regulation of lawyers, but there is no communication, no cohesion, no harmony amongst them. But in the Future State, what we are looking for is one, clear, consistent, regulatory environment that will position our profession to be able to compete and we noted that whether we like it or not, there is globalization notwithstanding the protectionism that is coming with Brexit and with Trump. And these well-organized (foreign) systems are going to enter our market and we have to find ways to do two things. (i) To prepare ourselves to be able to compete with them. That means we too have to be well organized. (ii) We need to have a regulatory environment that can offer us some protection, so we can even grow. So, these are the issues we are looking at.
"On the 32 initiatives, there are different options. We need to know which option is most suited for us. For example, what sort of regulation do we want? Do we want Self Regulation, for instance? Do we want Statutory Regulation? Or, do we want a mix?
“And, we have to face the reality. We can simply say we want self regulation. It looks very easy, very attractive. But what is the current state in Nigeria? Is it mixed or pure statutory regulation? So, the committee did analysis and found that no matter what we wish, it is mixed regulation. The reason: the Legal Practitioners' Act, for instance. Is a statutory instrument. So, even if all the people appointed there are lawyers, it is still a statutory instrument. The Legal Education Consolidation Act is a statutory instrument, and, that is so. The Bar Council, the Body of Benchers, Privileges Committee, the Regulation Committee. They are all statutory.

"One of the limitations of self regulation is the capacity to enforce. The other limitation of self regulation is the fear that you will regulate in your own self interest. And so, we need to balance when we are doing reality check. So, when you are looking at different options, you have to do reality checks.
4. NBA PRESIDENT’S REMARKS
The President of the Nigerian Bar Association Abubakar Balarabe Mahmoud, SAN started his speech by apologizing for coming late and said he just returned from a trip to Ghana where the Judicial Conference was going on.
He told the Legal Profession Regulation Review Committee’s meeting that loss of confidence in the judiciary was obvious and palpable since the architecture of the profession had been worked out over a century ago without much review.
"It is clearly out of tune with current realities of our situation," he said. "I am a keen believer that Nigeria needs to build strong institutions, if really; we need to confront the next stage of our development.
“And, the starting point, in my view, must be a strong legal profession. A strong legal profession cannot be built on the current framework that we have. Nigeria's legal profession is no longer competitive, no longer effective in regulating service delivery, no longer effective in maintaining standards and it's no longer effective, really, in promoting the rule of law, which is what we call our mantra or slogan.
"On my inauguration in August 2016, I said 'With respect to the legal profession, it appears clear that the regulatory architecture of the Nigerian legal profession is out of tune with today's realities and the complexities of the legal profession today.
“We must build a consensus on the direction to go. We need more vigorous standards and rebuilding confidence in the legal profession.
"In doing this, we must look at the current global trends and the African continent. We cannot assume leadership roles; regain our respect nationally, across the continent and indeed globally if we do not change the current perception of the profession. We'll review all current models of regulation and attempt to adopt new models. This, in my view, is what we must do in our overall best interest if Nigerian Bar Association must retain its self regulatory status, then, sufficient internal mechanism must be devised and adequate to ensure that regulatory responsibilities are carried out, efficiently and effectively, to meet global standards.
“It cannot be overemphasized that the major task of the Bar is to maintain high standard and meet world best practices. This is what I said in August.
"The committee has been carefully selected. The members, I daresay, represent some of the best brains in the legal profession. Mr. Anthony Idigbe SAN, a Senior Advocate of Nigeria, demonstrates professional excellence and commands a depth of experience which he garnered from wide exposure. He was called to the Bar in Ontario, Canada. In introducing the committee's secretary, (Dr. Aminu Gamawa), “he is an Harvard University trained doctorate degree holder in law”, you also have Professor Konyinsola Ajayi and other brilliant brains in the legal profession."
The President of the Nigerian Bar Association expressed his displeasure at discovering that the pass mark for the Nigerian Law School was 40% the lowest obtainable in Africa which in turn leads to over 8000 Lawyers into the Nigerian Bar every Year which is more than what any other African Country admits.
He ended his speech by soliciting for such issues to be addressed and wished everyone fruitful deliberations.
5. NBA LPRRC Secretary’s Remarks:
Dr Aminu Gamawa started his remarks by thanking everyone present and making further introductions. He also introduced members of the committee and expressed appreciation to them for working tirelessly and pro-bono at the expense of their comfort.
In closing, he urged everyone to be brief in their contributions and solicited that lengthy contributions should be addressed to the National secretariat and it will be channeled to the LPRR Committee.
6. GOODWILL MESSAGES:
The Secretary of the committee’s speech was followed by goodwill messages by Chairman of NBA Branches in the Host State [Lagos Island, Badagry, Ikorodu].

7. PROGRESS REPORT ON SUB COMMITTEES:
Prof Agom [Current state]:
Professor Augustine Robert Agom stood in for Mrs Funke Adekoya SAN, the Chairman of the Current State Sub-committee of the NBA’s LPRRC.
He started by stating that the terms of the reference for the LPRRC was divided into two section and the current state sub-committee was given the mandate to review the current aspects of the terms of reference.
In his explanation, he said that the regulatory objective educates consumers on the purpose of regulating the Legal Profession, “In Nigeria apart from the NBA Constitution, there are no clear regulatory in the structure of the Legal Profession rather regulatory roles are placed in the hands of three [3] bodies.”
He went further to note that to practice Law in the United Kingdom, one need a first degree before proceeding to law school and this was brought to the attention of the committee and the idea was welcomed.
In 2016, the number of documented lawyers is approximately, 125,000 to the Nigerian population making it 1:1,619 persons where about 77% of the Nigerian population does not need lawyers rendering this huge populace of lawyers without employment.
A lot of urban areas are currently unserviced, a focused NBA can do well by portraying its’ representative role to Lawyers in such areas.
The committee found out that the ethical aspect of the Legal Profession is grossly overlooked.
The sub-committee also received submissions from other committee’s on the need to regulate the licensing of law firms as no particular place can be identified as the place for licensing of the Legal Profession.
In closing, he stated that although the constitution makes provision for licensing, it is weak and needs further review.
He ended by wishing everyone a profitable deliberation.
8. Prof Ernest Ojukwu SAN:
Prof Ernest Ojukwu SAN, the Chairman of the future state sub-committee of the NBA’s LPRRC started by saying that the in the anticipated future state, “only one law would provide for the regulation of the Legal Profession and the representative roles of NBA which are different from the regulatory roles would be separated and they would be made clear with clear regulatory objectives.
In closing, he said that in future state not everyone that reads law must become a practicing lawyer and provisions would be made for paralegals with stringent terms for continuous professional development.
9. INTERACTIVE SESSION/COMMENTS/QUESTIONS
The chairman of the NBA LPRRC opened the floor for suggestions and stated that every decision mentioned in the Progress report was mere suggestions and not final in any way and appealed for suggestions no matter how insignificant they may sound.
Femi Falana, SAN:
 During the military rule, simple disobedience to court orders was kicked against bitterly by the Bar but now millions of court orders are being flaunted by the Federal Government and the Bar Has done nothing about it.
 The NBA has 125 branches across the country. What has these NBA branches done for its members and the public in terms of abuse to their human rights or are they just there to extort their members?
 The Legal profession has been taken over by the Senior Lawyers. Let the Bar do its best to reduce such powers welded by senior Lawyers.
 On Lawyer and Judicial Corruption: We talk about them in silos but do not call them out publicly. Each branch of have a committee of three [3] Lawyers of reputable standing to identify lawyers in their branch who are deemed as corrupt.
 What has the Bar done for its, members that are standing trial or are they no longer members as they are standing trial?
 On the conferring of the Senior Advocate of Nigeria, the process is questionable as many lawyers of questionable ethical standard have been conferred with the noble title. The number of Senior Advocates should be increased or better still let the process be more rigorous.

HON LYNDA IKPEAZU:
The representative of the speaker House of representatives made the following submissions;
 The idea of a hybrid self-regulation ought not to be supported
 In regards to the issues of corrupt judges, nobody should be immune to the law irrespective of the body you belong to
 On the issue of having a global standard legal profession, Hon Ikpeazu maintained that as much as we would like to emulate foreign practices, they are certain practices and laws that cannot be practiced in Nigeria due to our African heritage and some laid down laws therefore in copying all, we should endeavor to emulate those laws that are at par with the Nigerian law.
 In designing a law program, she said that most law graduates are not mature enough to handle the challenges of the Legal Profession and so law should be made a second degree.

GEORGE ETOMI:
 George Etomi, a member Body of Benchers and the first & past chairman of the NBA Section on Business Law (SBL) noted that one of the major issues the Nigerian Legal Profession is faced with is the size of the Profession. According to him, during the Annual general Conferences, most Lawyers struggle for bags and in such cases lose the context of what the Conference is meant for.
 He also criticized the central control system being practiced by the NBA and suggested that powers should be delegated to sections to decongest regulation.
 He mentioned that the lack of institutional memory is a big problem for the NBA. For instance , he said , recommendations have been previously made by a committee set up by the NBA at a Section on Business Law conference for regulation of foreign law practice in Nigeria but the recommendations were not taken into considerations by subsequent administrations. He said the lack of institutional memory is devastating.

DELE ADESINA:
 Dele Adesina, a Senior Advocate of Nigeria noted that the time has come to stop the pretence that all is well.
 He said that the NBA should insist on self-regulation of the Legal profession and that this should not snub the aspect of statutory regulations that actually work and rules that provide these regulations should also be reviewed.
 He also appealed to the President of the Bar to be careful in selection of people for appointment in order not to end up with people who have no business on such committees.
 Dele Adesina suggested that the Disciplinary Committee should be made up of two [2] or three [3] retired justices in addition to reputable lawyers.
 He questioned the issue of having license for Firms and Legal Practitioners and was of the view that most Senior Lawyers will end up with two licenses as a good number of them own their law firms and instead if the standard of practice is not satisfactory such firms should not be allowed to renew their practicing license.
 In closing he said that if the NBA and Legal Profession give way to self regulation apart from restructuring the legal profession, the society can also be restructured.
HARIAT BALOGUN:
 Mrs Hariat Balogun was the oldest lawyer present at the Town Hall meeting and complained bitterly about the level of indiscipline in the Legal profession, she stated that the NBA means Nigeria and if things are right in the NBA they will be right in the country.
 She appealed to the Bar to hand over the Bar to the younger generations rather than making them PAs and messengers and rather they should be brought to the court and given a seat at tables where decisions that concern them are taken.
 She also criticized the mode of appointment by the President of the Bar and said rather than giving appointment to campaign officers and his personal friends, it should be given to whom it is due.
 She expressed how appalling the SAN has turned out to be and said that rather than it being where the most respectable Lawyers are, it has turned to a secret cult where you go to retire and control the Bar.

PROF GODWIN OKEKE:
Professor Godwin the President of the Nigerian Association of Law Teachers stated that the suggestions made at the Town Hall meeting should be made statutory and this can be achieved through the support of the Attorney General of the Federation which support should be solicited.
UWEI IBRAHIM:
 Mr Uwei Ibrahim questioned what actually the NBA does for its members apart from depriving them of income they use for survival in the disguise of renewal of stamp & seal.
 He also questioned why one has to write to the National Secretariat to report a lawyer and suggested that state branches should be given the power to handle complaint against lawyers.
 He also suggested that before a lawyers practicing fees are renewed, his/her name should be checked if disciplinary complaints have been made against him and if so, the license should not be renewed and that the NBA should not be concerned with the money alone but rather the quality of the lawyer whose license is being renewed.

HENRY ODEIN AJUMOGOBIA,SAN:
 Henry Odein Ajumogobia SAN- a former Minister of Petroleum Resources and Foreign Affairs started by asking where the glory and nobility identified with the Law Profession has vanished to and suggested that in conferring a lawyer with the SAN title, it should be based on what you have contributed to the legal profession not how many times one applies for it.
 He said that the process of discipline should be spread across, not just vested in one body
 He expressed concern on the mode of dressing of young lawyers and appealed to them that they should not be carried away by the current trends in fashion but should always remember that the legal profession is a noble one and their dressing should appear so.
 He frowned at the level of dishonesty and stated that senior lawyers should reward Young lawyers in their firms that show a high level of punctuality and honesty as this will encourage their peers to emulate such.

JONATHAN AKINSAYA:
 Jonathan Akinsaya, a member of the British and Wales Bar Council said that the reform of the legal profession such as envisaged by the Committee will take a long time and resources to implement based on his experience as an English Barrister.
 He went further to state that what is obtainable in the UK is that one has to go to the Bar Council to set up a Practice and after the practice has been reviewed, they decide if the practice should be licensed or not. He said that he sits on the Bar Standards Council and they set standards and conduct inspection of law offices. He said a lot of resources in time, materials and people are put to regulate conduct of lawyers but, in the end, it pays off.
 He also spoke about pupilage and said it is a good way to transmit values to incoming lawyers. However, he expressed concern about the effective supervision of such pupils and likelihood of exploitative and abusive treatment of lawyers during pupilage.
 He expressed concern on the treatment of young lawyers by the senior ones and said that in the UK such acts are dealt with be disciplinary measures.

AKINTUNDE, SAN:
 Mr Akintunde SAN, started by asking how the monitoring of professional standards can be improved and why law firms still go ahead to employ & tolerate legal practitioners with questionable characters.
 He said that law firms should discipline their lawyers and not put the burden of discipline on NBA, a body responsible for over 125,000 lawyers.
 He also suggested that a form should be put on the NBA website to attend to questions that lawyers ask for easy access from the comfort of one’s office.
He suggested that lawyers be subjected to both internal and external audits. Internal audit could be web based requiring self –reporting from comfort of lawyers' office or home. External audit requires visit to site of lawyer's office.

AYODELE OSUN:
 Mr Ayodele Osun asked why the seal and stamps expire and suggested that it should be given a duration of at least two [2] years.

UWA ETIGWE, SAN:
 Uwa Etigwe, SAN stated that the stamp and seal is illegal and puts unnecessary pressure on legal practitioners and that spending money yearly on something produced abroad was irresponsible.
 He said that the stamp & seal should be made permanent as the yearly renewal of it appears to be enriching few people’s pockets.
 He criticized the setting up of FJC when NJC exist in the constitution and FSJ does not and called it duplication of roles while suggesting that one should be scraped out.
 He said the Rules of Professional Conduct purported to have been issued by the General Council of the Bar was not valid.
EMMANUEL AGBAKO:
 Mr Emmanuel Agbako stated that wig and gowns should be reserved for ceremonial occasions while lawyers should appear in their suits in courts.
 He disagreed with the idea that the stamp &seal is an illegality while stating some scenarios where the stamp & seal had helped in identification of illegal lawyers and rather suggested that the stamp & seal should not expire.
 He stated that the NBA has lost touch with branches and this hinders the efficacy of their work because branches are the roots where most lawyers can easily access.
RICHARD OHANUGORU.
 Mr Richard Ohanugoru suggested that a mechanism should be put in place where seniors would be able to come up with memorandum and approach the NBA and request for partnership.

PROFESSOR
 He stated that Law should not be a second Degree rather the way lawyers are trained should be changed.
 He suggested that after the law degree, these students should do a 1-2 year practical course before proceeding to the Law School.
ADEBOYE:
 He was of the opinion that stamp & seal should not be removed that it fights against identity forgery.
LADY DEBBIE OBODOKWU:
 Lady Debbie, a member of the body of bencher suggested that the responsibility of giving admission to study law should be taken away from NUC as this is where the harm comes from.
 She also suggested that license should be given to private law school so the Nigerian Law School will sit up.
BODE OMO:
 Mr Bode Omo was of the opinion that the National Secretariat should be decentralized and powers be delegated to state branches
 He disagreed with the privatization of law school and removal of wig & gown and suggested that both needed to be strengthened.
CORDELIA EKE:
 Cordelia Eke started by asking what measures have been put in place to know what stamp & seal is fake and which is original.
 She said that there is a big discrimination between legal practitioners in public practice and those in private practice and appealed for this to be looked into.
 In conclusion she asked if the benefits promised to lawyers by the NBA are really enforced.
ASAMAH KADIRI:
 Mr Kadiri suggested the introduction of compulsory pupilage and registration & accreditation of law firms.
 He also complained bitterly about the negligence of ethics and called for compliance to ethics by Legal practitioners.
HON JUSTICE AMADI:
 The presiding judge of National Industrial Court in Lagos started by saying discussing all these is not enough but rather a committee should be set up solely for implementations.
 He was of the view that a liaison committee should be made to monitor laws coming out of the National Assembly and how they will affect the legal profession
HON JUSTICE GARBA:
 The presiding Justice of the Court of Appeal, Lagos State stated that worries of the quality of standard of the legal profession trails everyone and faulted this falling standard to gross indiscipline obtainable everywhere.
 He went further to say how can the legal profession in Nigeria meet up with best practices when a science & technology university has accreditation for law and these are some of the reasons why there are more lawyers than the system on ground is prepared for.
 He ended by saying that there has to be a measure of statutory regulation for all these bodies.

CLOSING REMARKS:
The General Secretary of the Nigerian Bar Association, Isiaka Abiola Olagunju Esq., expressed his deep appreciation to everyone that came out and for their meaningful contributions. He also thanked the members of the NBA’s LPRRC for their innovative techniques towards the mandate given to their committee and the commitment they have expressed in carrying out the work irrespective of the discomfort it has caused. He prayed for blessings upon them and wished everyone journey mercies to their respective destinations.

REPORT OF THE NIGERIAN BAR ASSOCIATION LEGAL PROFESSION REGULATION REVIEW COMMITTEE TOWN HALL MEETING AT KADUNA STATE

1. OPENING

Meeting commenced at exactly 1.18pm, with the NBA Publicity Secretary Bukar Waziri Esq calling on the past General Secretary of NBA Mazi Afam Osigwe to say the opening prayer.

2. ATTENDANCE
The members of the high table were introduced: Caleb Dejan 1st Vice President of NBA (representing the NBA President A.B Mahmoud SAN), Chief Anthony Idigbe SAN (Chairman Legal Profession Regulation Review Committee), Professor Ernest Ojukwu SAN, Arthur Obi Okafor SAN, Dr. Augustine Agom, Past General Secretary NBA Mazi Afam Osigwe, NBA Assistant Financial Secretary Dorcas Ngwu Esq, representative of Chief Judge of Kaduna State, Hon. Justice Darius Khobo.
Also present and recognized were senior members of all the Branches of NBA across Kaduna State, Chairman of Kaduna Branch Ndasule Sherrif, Chairman of Barnawa Branch Napoleon Idenala Esq, Chairman of Zaria Branch, Yunus Ustaz Usman SAN (Leader of Kaduna Branch) and others.
3. OVERVIEW/ CHAIRMAN REMARKS
The recognition/introduction was followed by a welcome address by the Chairman of the Legal Profession Regulation Review Committee. He welcomed participants to the Town Hall Meeting and said that the President A.B Mahmoud SAN be commended for constituting the Committee which is aimed at examining the state of the legal profession in Nigeria and see how we can regulate it. He stated that the quality of legal practice in Nigeria has dwindled and the NBA President in his wisdom thought it wise to swing into action to arrest the unwholesome development. He further stated that the Committee considered it necessary to engage the general public and critical stakeholders, and thus memorandum was sent to various bodies, giving their feedback, suggestions and recommendations that would assist the Committee for repositioning the profession for greater efficiency.
He informed the gathering that the NBA President and members of his executive paid a courtesy call on the Attorney General of the Federation/Minister of Justice regarding the issue of the state of the Legal Profession, and in addition, job creation for young Lawyers was discussed. He said that the issue of job creation for young Lawyers was left to the young members of the Committee (who stood up at the Meeting for recognition).
He further stated that a similar Town Hall Meeting was held in Lagos which was well attended, and numerous feedbacks have been received. He added that another Town Hall Meeting was coming up in Calabar on the 3rd of April 2017.He rounded up by saying that the sub-committees will give their reports which will set the tone for the day’s business.
The NBA President, represented by the 1st Vice President gave his address. He said that the aim of setting up the Committee was to look at the regulatory framework of the legal profession and see how we can review them if necessary, to have a better legal profession and align it with global best practices. He therefore urged all present to make positive contributions at the Meeting which would assist the NBA to overhaul the legal profession on Nigeria.
The Secretary of the Committee Dr. Aminu Gamawa took the podium to introduce the members of the Committee, as well as introduction of the likely issues to be discussed at the Meeting. These issues include:
1. Whether the legal profession should regulate itself
2. For those in the academia, whether the legal education as it is now, is relevant in this 21st century
3. Whether the use of wig and gown as canvassed by other should remain
4. Whether law should be maintained as a 1st degree or 2nd degree course
5. Whether the grading of students of the law school should be reviewed, etc
He further said that the segment would be in 2 folds:
1. The state of the legal profession now
2. The future of the legal profession.
He implored members to feel free to contact any member of the Committee if/when they have any contributions/suggestions to the Committee. He wished all a happy deliberation.
The Publicity Secretary reminded participants of the 3 R’s of the NBA President’s 3 point agenda ... Regulation, Reengineering, Revitalization of the legal profession, and that the NBA President without doubt was living it out.
At about 1.55pm, the Chairmen of the various NBA Branches in Kaduna State were called upon to give their goodwill messages.
The Chairman of NBA Kaduna Branch Ndasule Sherrif welcomed the President and all present. He applauded the President who he said was living up to his campaign slogan of giving the legal profession “A Brave New Bar”. He said several questions were begging for answers as regard the present state of the legal profession in Nigeria. He urged the NBA to continue with the tempo of ensuring that the standard of the legal profession is maintained. He called on all Lawyers to make meaningful contributions at the Meeting, as the legal profession was the only profession we have as Lawyers.

Chairman of Zaria Branch, represented by the Vice Chairman, Hajia Aisha Mohammed welcomed all present and said that there was no doubt that the legal profession presently is facing very many challenges. And that the Zaria Branch is ready to make sacrifices and contributions that will help to take the legal profession back to its enviable state. She said that she hoped that this Meeting would not end up as just another Meeting.
The Chairman of Barnawa Branch Napoleon Idenala Esq in his goodwill message welcomed all participants on behalf of all members of Barnawa Branch to the Crocodile city. He said that the legal profession is an old profession and very conservative, and thus slow in embracing new innovations. He said that he hoped that the much needed reform would be achieved in this present administration of A.B Mahmoud SAN, considering the short term of office of two years of NBA elected officers.
4. PROGRESS REPORTS BY THE SUB-COMMITTEES

Dr. Augustine Agom (on behalf of Mrs. Funke Adekoya SAN), reported that NBA has 125 Branches. He said that the NBA has regulatory and representary functions. In distinguishing the two, he said that the regulatory functions were more external in nature, while the representary functions were more towards its members. He then posed a question as to whether the NBA should be more inclined in regulatory functions or the representary functions. Equally, he asked a poser as to whether the present state of the legal education was good enough and meeting up to the current challenges of the legal profession. He stated that the sub-committee in its findings discovered that no university offered a course in professional ethics. Equally the sub- committee found that in other jurisdictions law was made a second degree, whether the wig and gown be done away with, among other things. He then sought to know what the participants’ views on these issues were.

Prof Ernest Ojukwu SAN: spoke on the future state of the legal profession. He said that the future of the legal profession was divided into four, namely:
1. The Legal Practitioners Council (which will do the work of the Body of Benchers),
2. Council of Legal Education (supposed to deal with issues of Council of Legal Education, supervision of the Nigerian Law School, set accreditation standards, deal with withdrawal of certificates)
3. Nigerian Law School Sub-Committee
4. Transitional Sub-Committee (deal with issues concerning the NBA Constitution).
5. INTERACTIVE SESSION

The Chairman of the Legal Profession Regulation Review Committee Chief Anthony Idigbe SAN moderated the interactive session. He stated that the Committee would not know what the participants would like, so it was imperative to have a feedback and encourage participants to fully participate. He set the interactive session rolling by putting up some posers, which would assist the participants catch the drift of issues at hand and encouraged participants to be objective in their views. Some of the issues posed included but were not limited to:
1. What should be the relationship between the NUC and the Council of Legal Education?
2. Should we have continuous legal education?
3. Should law firms be licensed?
He opined that these were questions to provoke participants to think of how to move the profession forward.
6. CONTRIBUTIONS/DISCUSSIONS

BELLO IBRAHIM ESQ, ZARIA BRANCH:

 He asked whether a Lawyer was duty bound to be a member of NBA or to form other associations. He also sought to know whether it was automatic that once a Lawyer is called to the Bar, he is a member of NBA. He said that he believed that one could be a professional even without being a member of the NBA, and that if he was a member of NBA, was he bound by all the decisions of NBA? On the issue of law being a 2nd degree, he was of the opinion that we would be doing ourselves and our country a disservice by making law a 2nd degree when you can go to any Commonwealth country to obtain a law degree as a 1st degree.

YUNUS USTAZ USMAN SAN, KADUNA BRANCH:
 On the issue of dress code, the learned silk was of the opinion that the uniformed dress code be maintained in order not to cause confusion. Speaking on the corruption of Lawyers, he was of the opinion that a candidate’s antecedents be traced from the University, to ensure that only fit and proper persons are called to the Bar. To him, this would curtail corruption in the legal profession.
DANIEL BULLUSON ESQ, KADUNA BRANCH:
 Said that the practice of law should be regulated, so as to avoid a particular state dominance. He advised that other areas of law apart from litigation should be explored; that Lawyers should shift their focus from litigation and delve into other areas of law, so as to encourage diversity.
ABAKASSA OKWULEHE ESQ, MINISTRY OF JUSTICE KADUNA:
 Bemoaned the attitude of NBA towards the public sector of the legal profession. She observed that the stamp of the private practitioners was different from that of those in the public sector. She said that she saw no reason why as state Counsel working for the government, she should pay for the NBA stamp from her pocket, instead of the State doing so on her behalf. Again, that the issue of putting expiry date on the stamp was unfair, and suggested that Lawyers should be made to apply for fresh stamps when they are exhausted and not because they are expired.
GLORIA BALLASON ESQ, KADUNA BRANCH:
 Adviced that once a position is taken, same be maintained. She observed that the legal profession has shrunken and that something should be done about it. She equally observed that NBA was initially serious about the Continuing Legal Education; that marks were awarded to Lawyers for attending Seminars/Conferences of NBA as a continuing legal education, but that is no longer the case. She adviced that the issue of Continuing Legal Education for Lawyers be revisited and taken very seriously.
JOB DANGANA ESQ, BARNAWA BRANCH:
 Observed the lack of integrity amongst Lawyers. That it was not proper the manner that Lawyers take over cases from their colleagues, even without asking questions as to why the litigant debriefed the Counsel. He also said that the frivolous manner Lawyers file cases to stop Government policies was becoming alarming, and suggested that where a Lawyer is suing for public interest, the NBA should be the one to take it up, rather than individual Lawyers. He suggested that multiplicity if actions be discouraged and tagged a professional misconduct He observed that the scale for Solicitors’ fees was not being followed and same be looked into. Also that the proceedings of the Legal Practitioners’ Disciplinary Committee be made less cumbersome and public like that of the Medical and Dental Association.
MRS FATIMA IDRIS ESQ, BARNAWA BRANCH:
 Observed that there was class and gender struggle in the profession, and that something be done about it. She bemoaned the fact that the gender inequality particularly needs to be looked urgently into, as this was working negatively against the female gender. She said the slogan “no lady at the bar” was not working. She said the gender inequality is clearly showing, and pleaded that women be given prominent roles to play in the bar.

UMAR ESQ., ZARIA BRANCH:
 Advised that Lawyers newly called to the bar be encouraged to go through pupilage for at least 3 years, and that the NBA should make it mandatory. On the issue of dress code, he aligned himself with Yunus Ustaz SAN and advised that the bar should be strict on the dress code of Lawyers. On the issue of stamp and seal, he said it should be maintained, so as to minimize the operation of fake Lawyers.
CHIEF MALCOLM OMOBIRIKPO, LAGOS BRANCH:
 Commended the Committee for the good work done so far. He spoke on the powers of the Attorney General and Chief Justice of the Federation, and suggested that the Attorney General should not be excluded from the affairs of NBA. He bemoaned the corruption in the Judiciary, particularly how the Court staff holds Lawyers and the public to ransom, by charging them indiscriminately on services of Court processes. He added that even though this may not totally touch on the functions of the Committee, the issue be looked into by the NBA.
CYRIL OGBEKENE ESQ, BARNAWA BRANCH:
 Commended the Committee on the work done so far. He spoke on professional misconduct. He said that what constitutes professional misconduct be looked into and possibly reviewed. He suggested that some professional misconduct be raised to punishable misconduct. He also adviced that the process of litigation which is still slow should be looked into with the aim of the Committee recommending to the NBA to liaise with the Judiciary to see how trials can be accelerated, so as not to defeat the course of justice.
NDASULE SHERRIF ESQ, CHAIRMAN KADUNA BRANCH:
 Adviced that the issue of use of wig and gown should not even be a matter for debate. He was of the opinion that Lawyers should tread cautiously on the issue. He said that in the wig and gown lies the mystery of the legal profession, and abolishing it will demystify the profession; for the wig and gown is the working tool of every Lawyer. He also said the continuing Legal Education be continued and taken more seriously.
ADAEZE ANNAH, ABUJA BRANCH:
 Was of the opinion that senior Lawyers should be willing to invest in the junior Lawyers in more than the conventional way of giving money, but mentoring and guiding them in ways of doing things, making materials at their disposal available to the younger Lawyers, to assist them to grow and build up their practice. She however took a different position on the dress code of Lawyers. She did not see how adorning a wig and gown could offer good services. She also took exception to lady Lawyers being asked in Court to identify whether they were Miss or Mrs., as this to her, does not improve the legal profession.
AL-AMIN, BARNAWA BRANCH:
 On the issue of paralegals. He was of the opinion that paralegals be trained and curriculum be designed for them. He also said that a lot of review be carried out on legal procedures. He observed that once a matter is slated for mention in Court, no other business would be transacted in respect of the matter for that day; that it was absurd that a matter be adjourned for further mention or further hearing when all the facts were already before the Court and the litigants are fully represented for the Court to go into the full business of the matter before it. He also suggested that Lawyers be issued stamps upon the payment of Annual Bar Practicing Fees; that stamps should not be separately charged for by the NBA, lamenting that it was unfair that payment of Practicing Fee did not come with any benefits. He observed further that the legal frontier was fast diminishing, because other persons were taking over the job of Lawyers. He also observed that Lawyers were finding it more difficult by the day to execute judgments and that the inability of a Lawyer to execute judgments makes the judgment worthless. He also faulted the assumption that every Lawyer upon being called to the Bar was automatically a member of the NBA.
NANCHANG ESQ, BARNAWA BRANCH:
 Stated that some works of Lawyers were being done by persons who are not legal practitioners. He gave an instance of Estate Surveyors preparing documents like Deed of Assignment, and taking same to Ministry of Lands for registration of lands/perfection of titles. He was of the opinion that certain documents be mandated by NBA to be prepared only by Lawyers, as this would provide more jobs for the younger Lawyers. He spoke on the issue of enforcements of Court judgments, as some judgments can only be enforced when they are signed by the Attorney General, who is a political appointee, and most times cannot sign such documents if they are against the interest of their employers.

ABUBAKAR ESQ, KANO BRANCH:
 Said that there was a serious problem with the Legal profession and an urgent need to address same. He observed that the problem starts right from the Universities. He said the curriculum of most Law Faculties was Lecturer oriented and not student oriented. He also adviced that Professional Ethics as a Law course be taught to Lawyers from their second year at the University through to the Law School; that a Lawyer who is taught Professional Ethics only for ten months at the Law School, cannot be expected to practice/show good ethics all through his life. He also urged that assistance be given to law students by NBA to support them.
OLADIPO TOLANI ESQ, BARNAWA BRANCH:
 Bemoaned how legal practitioners take to the press to discuss matters they are handling pending before the Court, and that there should be a sanction of any Lawyer found guilty of this. He also suggested that there should be a time frame within which cases should be heard and decided by the Court.
MRS. R.B DAUDU, KADUNA BRANCH:
 She urged the NBA to consider persons living with disabilities, and enjoined the Committee to look into the case of Lawyers giving their clients false hope and contrary opinions and suggestions in respect to their cases in Court.
V.A.B EWUZIE, BARNAWA BRANCH:
 Said if there must be a change in the legal profession, then the composition of the Committees of the legal profession be looked into. He said that some members of Committees are not serious members of the NBA, but political friends of persons who appoint them to these committees, and that therefore robs the Bar quality representations on these committees, because the representatives as they were, would not make suggestions that would be detrimental to the persons who have appointed them, even though the suggestions would be in the overall interest of Lawyers.
ELDER AKPABIO ESQ:
 Showered prayers on the members of the Committee. He spoke on the importance of license of Law Offices. He said that NBA should make it mandatory for every law office to be licensed after ascertaining that the person who was setting up the law office must have gone through not less than three years pupilage in the law firm of a senior Lawyer. He also said NBA should make it a compulsory practice that junior lawyers must not mention their cases out of turn in Court. He finally said that Judges and Magistrates be forced to sit by 9am prompt.
DICKSON NWATU ESQ, KADUNA BRANCH:
 Suggested that the NBA draws up a uniformed bill of charges, as this would curb embezzlement.
M.T MOHAMMED ESQ, KADUNA BRANCH:
 Said there should be a standard of procedure for every Lawyer to be given any appointment. He said that for the past 15 years, NBA has given preference to regulatory works rather that representary works. He suggested that a legal frame work be put in place by the NBA to ensure that younger Lawyers benefit.
B.L ALIYU ESQ, KADUNA BRANCH:
Was of the opinion that the discipline of Lawyers was sometimes too harsh and the NBA was not doing anything about it.
In conclusion, Arthur Obi Okafor SAN gave a vote of thanks on behalf of the Committee. He thanked all present for their patience and contributions.
Chairman of the Committee invited the representative of the Chief Judge of Kaduna State, Hon. Justice Darius Khobo to say a few word. In his speech, Justice Khobo praised the President of the Bar for setting up such a Committee to ensure that the standard of legal practice does not diminish; that there was no better time for this than now. He equally appreciated the members of the Committee for favouring Kaduna to be the venue of the Town Hall Meeting and wished them journey mercies.
The Chairman of the Committee and moderator of the interactive session wrapped up the Town Hall Meeting by thanking participants on behalf of the Committee for their various contributions and suggestions.
A vote of thanks was given by the NBA Welfare Secretary, Adesina Adegbite Esq on behalf of the NBA. Mazi Afam Osigwe gave another vote of thanks on behalf of members of the high table. Malcolm Esq of Lagos Branch moved a motion for the adjournment of the Town Hall Meeting to Calabar, and the motion was seconded by Abdulmalik Jafaru of Kaduna Branch.
Meeting came to a close with the singing of the National Anthem.

REPORT OF THE NIGERIAN BAR ASSOCIATION LEGAL PROFESSION REGULATION REVIEW COMMITTEE TOWN HALL MEETING AT CROSS RIVER STATE

1. ATTENDANCE:
1. Chief Anthony Idigbe, SAN (Chairman, NBA LPRRC)
2. Mr. Ben Orji (Represented NBA President, A. B. Mahmoud SAN, OON)
3. Hon. Justice Ibrahim Salawu (Presiding Justice, Court of Appeal, Calabar)
4. Hon. Justice Michael Edem (The Hon. Acting Chief Judge Of Cross River State)
5. Hon. Justice Maurice Eneji of the CRS Judiciary
6. Hon. Justice Eunice Jacob Dada (of the Gambia)
7. Mr. Joseph Oshie Abang (Honourable Attorney-General, Cross River State)
8. Elder Efeffiom Ekong (Governor, Eastern Bar Forum)
9. Chief Assam Assam, SAN
10. Ntufam Mba Ukweni, SAN
11. Members of the NBA LPRRC
12. Mazi Afam Osigwe (Past NBA National General Secretary)
13. Dr. (Mrs.) Rose Uhiama Ugbe (Acting Dean, Faculty of Law, UNICAL)
14. Prof. I. N. E. Worugji ( The Faculty of Law, UNICAL)
15. Mr. Peter Bassey (Permanent Secretary, Ministry of Justice, Calabar)
16. Mr. Leo Moffi (Permanent Secretary, Ministry of Budget & Planning)
17. Branch Chairmen Of The NBA South South Zone
18. Capt. Veronica William (Representing the Nigerian Army)
19. Chief Imaikop Jimmy Ndaekong (Comptroller of the Nigerian Prison Service, Cross River State Command)
20. Students from the Faculty of Law, University of Calabar
21. Staff of NBA Secretariat, Members of the Public, The Press

2. OVERVIEW:
The Legal Profession Regulation Review Committee of the NBA (under the Chairmanship of Chief Anthony Idigbe, SAN) organized a one day interactive Town Hall Meeting which was made open to the general public and aimed at galvanizing ideas on how to better reform the legal profession in Nigeria.
3. THE TOWN HALL MEETING:
The meeting commenced at exactly 10.05am with introduction of members of the high-table, guest and other dignitaries present, anchored by the General Secretary of NBA Calabar branch, Mr. Paul Ebiala. This was followed by NBA Prayer and the National Anthem. Mr. Ebiala then invited the Chairman of NBA LPRRC, Chief Anthony Idigbe, SAN for his Welcome Address.

4. OPENING REMARKS BY THE CHAIRMAN, NBA LPRRC:
The NBA LPRRC Chairman, Chief Anthony Idigbe, SAN started his remarks by observing a one minute silence in honour of the late Chief Judge of Cross River State, Hon. Justice Okoi Ikpi Itam who departed this world recently. He further thanked the learned Attorney-General of the State as well as the good people of Cross River State for the hospitality extended to the committee, even as he sent his warm regards to His Excellency the Governor of the State, Sen. Prof. Ben Ayade.
He stated that as part of the reform agenda of the present NBA leadership, the Legal Profession Regulation Review Committee (LPRRC) was constituted on the 28th December, 2016 and subsequently inaugurated on 14th January, 2017 to review the current regulatory structure of the profession, among other things. And that they are “dispassionately examining the legal architecture of the regulatory structure of the profession with a view to recommending a review and a reform of the system”. He noted that in order to achieve the targeted end, the committee set up two sub-committees, namely; the Current State of the Profession sub-committee and the Future State of the Profession sub-committee.The Current State Sub-Committee is analyzing the current state of the legal profession in order to identify necessary areas for reform.
 The Future State Sub-committee is looking at what should be the future regulatory and institutional framework of the profession.

He further stated that in carrying out its task, the LPRRC has considered it necessary to engage relevant stakeholders in the legal profession, and as part of the stakeholders engagement plan, calls for memoranda were made. That the committee has received and continues to receive memoranda from relevant stakeholders, including the National Judicial Council (NJC), the Nigerian Law School, the Nigerian Institute of Legislative Studies (NILS), etc.
He also stated that the Hon. Attorney-General of the Federation has requested the LPRRC to consider job creation. Consequently, the scope of the committee has been expanded and a job creation sub-committee consisting of young lawyers has been set up. That the job creation sub-committee is coming up with proposals for job creation for young lawyers and the AGF has appointed a Director in the Federal Ministry of Justice to join the committee.
He stated that the LPRRC “has held Town Hall Meetings in Lagos and Kaduna and got feedback from participants. The work is ongoing and we assure you that the feedback from this meeting (in Calabar) will be included in our final report. With this, I believe we have set the tone for this meeting. I call for your full participation and interaction.”

REMARKS FROM THE NBA PRESIDENT:
The President of the Nigerian Bar Association Mr. Abubakar Mahmoud, SAN was represented at the meeting by Mr. Ben Orji. He welcomed everyone to the meeting and apologized profusely for the unavoidable absence of the NBA president even as he thanked everyone for coming, saying that he is impressed by the turn out. He stated that the essence of the town hall meeting is to bring the discussion on the regulation and review of the legal profession closer to us and he encouraged everyone to contribute meaningfully on the issues.
REMARKS FROM THE SECRETARY, NBA LPRRC:
In his remarks, the Secretary of NBA LPRRC Dr. Aminu Gamawa noted the Calabar Town Hall Meeting was the third one organized by the LPRRC and that unlike the ones in Lagos and Kaduna, the one of Calabar has the highest turn out and also have the State Attorney-General and Chief Judge present in person for the first time.
He further stated that the LPRRC is in a rescue mission in view of the many discontents against the legal profession in Nigeria, and that the aim is to help in repositioning and restoring the image of the profession. “In effect, we are querying: is our system of legal education adequate and effective enough to prepare our young ones? Is the profession itself properly regulated? Is the future bright our young lawyers? It is about the legal profession as such everyone of you is a stakeholder.” He concluded by thanking the NBA president for appointing them to serve in the committee and finally urged to send in written contributions to the committee via email.
GOODWILL MESSAGES:
Goodwill messages were entertained from the learned Attorney-General of the State and the chairmen of NBA branches in the host State i.e. Calabar, Ikom and Ogoja branches.

The Attorney-General, Mr. Joe Oshie Abang welcomed the committee members to the digital city of Calabar and pledged to submit written memoranda to the committee in a few days. He further posited that the time has come for us to look at our lawyers’ courtroom attire and review same in the light of our weather conditions. He also lamented the increasing cost of NBA seal and the inability to continue usage after the expiration date on it.

The Chairman NBA Calabar, Pastor William Awan thanked everyone for coming and he particularly thanked the Acting Chief Judge and the Presiding Justice, Court of Appeal, Calabar for attending the meeting in person and for shutting down the courts in the State for this purpose. He finally suggested the need for us to work out a ratio for speedy determination of cases in courts, saying that cases now prolong more than necessary in our courts.
The Chairman NBA Ogoja branch, Mr. Ogbeche Richard commended the committee for the good work and also suggested the need to reposition the bar to properly link up with the legal global market.
The Chairman NBA Ikom branch, Mr. Obo Agbor Anthony stated that the number of lawyers on the Roll is increasing geometrically without a corresponding rate in efficiency and productivity. That the effect is the increasing cases of professional misconduct. He also decried the practice whereby many universities who have no business in law are undertaking law degrees (e.g. a university of agriculture), saying that it is not compulsory for one to study law. He finally stated that the Ikom branch is resolute on disciplining erring members of the profession.
The Acting Chief Judge of Cross River State, the Hon. Justice Michael Edem in his remarks stated that he was extremely delighted when he was invited for the Town Hall Meeting. That the meeting is a well thought one especially as the glory and honour of the profession are fast nose-diving. That this is the right time to decide on whether to be or not to be, in view of the many challenges facing the profession right now. He noted the many men of old who brought honour to the profession, as opposed to the many happenings now which are less than hounourable. He also spoke on the need for economic improvement of lawyers, saying it does not portray the glory of the profession for lawyers to be patronizing Keke (tricycle) or for senior lawyers to still be living as tenants. He urged lawyers to take the issue of mode of dressing very seriously and to henceforth take particular attention of their dressing. He finally expressed optimism that we can succeed in returning the profession to its old glorious days.
The Chairman LPRRC briefly thanked the Honourable Acting Chief Judge for the honour of having him with us in the meeting and specially appreciated his Lordship’s admonition.
Chief Assam Assam, SAN also delivered his goodwill message. He deprecated his own generation of lawyers, saying they were in fact the ones who greatly benefited from the fortunes of the past but have now failed monumentally in politics and national issues. That they must not wait for a revolution before something can be done; that in view of the exponential growth of the profession if we don’t plan, the imminent explosion will kill the profession. He also reiterated the issue of dressing as earlier raised by the Hon. Acting Chief Judge and noted that many young lawyers learn bad dressing from their seniors. He finally commended the committee for their work and expressed satisfaction the current composition if the committee but regretted that the Doyen Bar (NBA Calabar) was not reflected in the membership of the committee.
At this point members of the high table posed to the camera in a group photograph with the Hon. Acting Chief Judge who pleaded to depart for another engagement.
PROGRESS REPORT ON SUB-COMMITTEES
i. The Current State of the Profession Sub-committee:
Prof. Robert Agom represented the Chairman of the Current State Sub-committee of LPRRC Mrs. Funke Adekoya SAN, and he presented their committee report. He noted that the committee was inaugurated on 24th January, 2017 and they have been working since then relying principally on memoranda submitted to them.
 On the regulatory objectives of the profession, he stated that the regulatory architecture in many jurisdictions around the world is clearly spelt out and adequately defined. He regretted that this is not the case in Nigeria.
 On the current state of the profession, he said there are about 105 branches of the NBA. That the NBA is managed by the National Executive Committee (NEC). That the NBA has not fared so well in regulating the profession. That there are challenges in the discipline of members of the prosefession, and that there is lack of welfare for members.
 On the regulatory architecture of the profession, he noted that the regulation of the profession in Nigeria is fragmented and regulatory roles are placed in the hands of different bodies and that this has serious implications on cost and effectiveness. For instance, he queried the essence of having our Rolls kept at the Supreme Court when the duty of disciplining erring members rests in a different body. He also referred to the conflict between the Body of Benchers and the Body of Senior Advocates of Nigeria. He pointed out the need to contemplate the harmonization of existing legislations.
 On the current standard of admission to the Nigerian Law School and the Law setting up the National Universities Commission; he stated that they are inadequate in the face of current challenges in Nigeria.
 That documented records as at 2016 show that there are about 125,000 lawyers in Nigeria in a population of about 170 million people. That with this position, it is difficult to validate the view that the country is over ‘lawyered’.
 On the current state of law firms and the issue of licensing, he said there is need for us to learn from Ghana and other jurisdictions by licensing law firms.
 He concluded by stating that I.T literacy among lawyers is very low, and that the role of the Attorney-General and the Chief Justice of Nigeria in the regulatory architecture of the profession is ineffective as their offices are very busy ones.

ii. The Future State of the Profession Sub-committee:
The Future State Sub-committee report was presented by Prof. Ernest Ojukwu, SAN. He stated that the committee is anticipating a legal profession with only one legislation regulating the profession and that the proposed legislation would establish ‘’The Legal Profession Council of Nigeria’’.
 That the proposed legislation would provide clear cut regulatory objectives and address the confidence of the public in the profession
 That the legislation would provide for and establish the following:
o The Legal Profession Bar Council; the Disciplinary Committee; Legal Services Committee; Legal Aid Committee; Young Lawyers Committee; Privileges Committee, Licensing of Law Firms, Paralegals, Notary public.
He said there would also be a Council of Legal Education Sub-committee which would separate the functions of the Nigerian Law School and that of the Council of Legal Education. That there would also be a Transitional/NBA issues sub-committee to address issues of NBA Constitution, NBA management, judicial autonomy, etc.
At this point, the LPRRC Chairman, Chief Anthony Idigbe, SAN took the floor and highlighted some suggestions the committee has come with thus far and invited members to make necessary contributions in the next segment on interactive session. Some of the areas he highlighted were:
 Superstructure model of regulation of lawyers
 Self regulation, independent regulation, mixed regulation, statutory regulation
 On regulatory objectives, he considered the broad and the narrow models
• Other areas highlighted were; rule of law and access to justice, consumer protection, admission to the profession, custody of the Rolls the role of the Nigerian Universities Commission in legal education, pupilage, licensing of law firms, certification of lawyers in specific areas and abolition of SANship.

8. INTERACTIVE SESSION/COMMENTS/QUESTIONS FROM PARTICIPANTS:
Members were advised to make meaningful contributions as the report so far presented by the committee is a mere suggestion and open to further input.
HON. JUSTICE IBRAHIM SALAWU (PRESIDING JUSTICE, COURT OF APPEAL, CALABAR):
 He went down memory lane by narrating the many crises that have engulfed the NBA in the past. He stated that the legal profession the world over is one that is predicated on learning and noted that we must assiduously resolve at this point in time to redeem the profession. That there is need for a far-reaching analysis of the problem and that every lawyer should be given the opportunity to contribute on the way forward.
THE COMPTROLLER OF PRISONS, CROSS RIVER STATE COMMAND, MICHAEL JIMMY:
 He lamented the state of affairs as regards the Nigerian Prison Service. He said there is gross court congestion at the moment as against prison congestion; that awaiting trial inmates outnumber what the prison authorities ordinarily ought to work on. He called on lawyers to rise to the occasion and also advocated for domestication of the Administration of Criminal Justice Act, 2015 in Cross River State.

PRINCE ELEBO (LAW STUDENT, UNICAL FACULTY OF LAW):
 He stated that the training at the Law School is not sufficient for the new wigs and he advocated for a system of pupilage for at least two years to help improve on the quality of legal services.
DR. (MRS.) ROSE UHIAMA UGBE (ACTING DEAN, UNICAL FACULTY OF LAW):
 She said the UNICAL Faculty of Law has submitted a written memorandum to the committee and also hinted that the UNICAL Faculty of Law is now very stringent on the issue of dressing for their students.
LEONARD NWOGU, ESQ.:
 He urged the committee to address the issue of technicalities in our courts. That many applications in court unnecessarily delay justice. That courts should always give considerations to lawyers whose NBA seal just got expired and as a result could not attach the seal on a court process.
AKPABIO ANIEKAN, ESQ. (CHAIRMAN, NBA UYO BRANCH):
 He observed that there is no disciplinary on lawyers for failure to maintain clients’ account and that there is no adequate monitoring on lawyers to maintain clients’ accounts.
ETIM INYANG, ESQ.:
 He observed the improper dressing of lawyers to court and blamed it on ineffective NBA branches. That NBA national should always subsidize conference fees. That NBA should come up with a special programme to cater for the welfare of young lawyers and that many young lawyers struggle to survive because their principals cannot pay them well.
EGERTON ONAH, ESQ.:
 He emphasized the need for every law faculty to have a moot court to enable law students imbibe the advocacy.
MS. CORNELIA OKEY (SECRETARY, NBA PORT HARCOURT BRANCH):
 She highlighted the need for a review of our existing regulation legislations e.g. the Rules of Professional Conduct, the Legal Practitioners Act, etc.
AFAM OSIGWE, ESQ. (FORMER NBA NATIONAL GENERAL SECRETARY):
 He critiqued the practice of compelling lawyers to go to Abuja for LPDC sittings, saying there is everything wrong with that. He advocated for a disciplinary framework manned by non-lawyers. On mandatory pupilage for young lawyers, he said for it to be compulsory there should a minimum stipend which the law firm must pay to the young lawyer and that the law firm must have capacity to take in young lawyers for pupilage.
DANIEL KIP, ESQ.:
 He spoke on remuneration and charges for legal documentation and called for a review of the Scale of Charges for legal documentation, saying that the present scale of charges is complex and imprecise. He finally advocated for an NBA clearing or authentication house that would always review and authenticate legal documents prepared by lawyers.
NSIKAK IKPEME, ESQ.:
He suggested the need for lawyers to be allowed to do any other dignifying business apart from farming, stressing that other professionals have unlimited scope of business.
E. O. EZE (LAW STUDENT FROM UNICAL FACULTY OF LAW):
He spoke in favour of retaining the wig and gown as it is a good emblem of the profession. He also advocated for the abolition of entrepreneurship in their school curriculum, saying it is unimaginable to compel law students to practice baking, barbing, etc.
PROF. I. N. E. WORUGJI:
 He spoke on the issue of politicization of elevation of lawyers to the bench. That in most cases, family members/relatives are fielded into the bench. That there is need for professionalization of the judiciary system. That non-lawyers should not be appointed principal registrars of courts. On the issue of pupilage for young lawyers, he supported the idea that qualified lawyers be allowed to practice for some time before they could be allowed to open their own firms.
DR. VICTOR OFFIONG:
 He spoke on the need to help lawyers come out of poverty and helping young lawyers to imbibe the culture of saving. He suggested the introduction of a mandatory deposit scheme for lawyers which would later be remitted to them through their various branches.
ATTAH OCHINKE, ESQ. (FORMER ATTORNEY-GENERAL, CRS):
 He spoke on the issue of doing away with the wig and gown and stated that the wig and gown is an impediment to serious legal work. He however suggested that usage of the wig and gown should be reserved for Assizes, Call to Bar ceremonies, etc.

EMMANUEL BI UDOH, ESQ.:
 He advocated for a longer tenure for NBA officers at local and national levels to allow more time to function well and execute meaningful projects.
MR. O. F. BRIGGS (CHAIRMAN, NBA PORT HARCOURT BRANCH):
 He emphasized the need for the committee to critically examine all existing legislation regulating our profession in order to avoid loopholes capable of inviting overzealous lawyers to eventually quash the review in court. He also spoke in favour of discarding the wig and gown. He further said the need for training and retraining underscores the need for pupilage. And that senior lawyers should be regulated and mandated to pay monthly transport fare for their juniors. That law firms should be licensed before they can practice and there should be a minimum requirement of ten (10) years post call practice experience before one can be allowed open a law firm. He finally advocated for a downward review of the practicing fee for lawyers.
CHIEF MIKE COBHAM:
 He suggested the need for harmonization of Area Courts, Customary and District Courts and that these courts should be manned by lawyers in order to create jobs for lawyers.
MIKE NKWAM, ESQ.:
 He made a case for the establishment of a pool where young can be paid from. He also advocated for payment of law school graduates just like our counterparts in the medical profession are usually paid by government during their residency programme.

CHIEF MAGISTRATE THERESA AGOM:
 She made a strong case for judicial independence, stressing that this would help to implement some of the issues already highlighted. Also that the National Universities Commission should not solely approve courses for law students but should be done in conjunction with the Law School.
CHIEF ASSAM ASSAM, SAN:
 He stated that the three months allocated to the committee to submit its report is not enough. That the reform process is enormous and therefore should not be done in a hurry. He further stated that the conditions for admission of students in our universities are too relaxed. That where a person does not have qualitative secondary education, such a person should not be admitted to study law. He also advocated for an aggressive accreditation process for universities; that accreditation for the study of law must be a thorough one. And that the present accreditation process is corruption ridden.
 Again, he lamented the problem of examination leakage at the Law School and the fact that nobody ever gets to stand trial for such misconduct. That law school examination must be sacrosanct on the basis of pass or fail. He also emphasized the need for continuous accreditation of lawyers. And that the process of regulation and certification should not be limited to young lawyers alone but also senior lawyers who leave practice (litigation) to venture into other disciplines before subsequently returning back to legal practice.
MR. JONATHAN (FROM UNITED KINGDOM):
 He commended the initiative of the NBA leadership in setting up the LPRRC and expressed satisfaction that progress is being made by the committee in their work.
9. CLOSING REMARKS/VOTE OF THANKS:
The Chairman of NBA Calabar branch, Pastor William Awan, thanked the committee members whom he said have been in Calabar since Friday 31st March, 2017 for their retreat. He further commended them for the wonderful work being done. He finally appreciated all members for coming in their numbers for the event and prayed for journey mercies for all. The Town Hall Meeting was then drawn to a close and members were treated to a breakfast session.

The Proposed Bill as APPENDIX V

A BILL

FOR

AN ACT

TO REPEAL

THE

LEGAL PRACTITIONERS ACT CAP C11 LFN 2004
AND ALL AMENDMENTS THERETO

AND
LEGAL EDUCATION (CONSOLIDATION ETC,) ACT CAP. L10 LFN 2004

AND

TO

ENACT
THE LEGAL PROFESSION REGULATION ACT

TABLE OF CONTENT

SECTION ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY – REGULATORY OBJECTIVES AND PROFESSIONAL PRINICPLES

1. Regulatory objective
2. Professional principles

PART II – ESTABLISHMENT, COMPOSITION, FUNCTIONS, POWERS ETC OF THE LEGAL PROFESSION REGULATION COUNCIL OF NIGERIA

3. Establishment of the Legal Profession Regulation Council of Nigeria
4. Functions and Powers of the Legal Profession Regulation Council of Nigeria
5. Composition of the Legal Profession Regulation Council of Nigeria
6. Funding of the Legal Profession Regulation Council of Nigeria
7. Accounts and Audit of the Legal Profession Regulation Council of Nigeria
8. Annual Reports of the Legal Profession Regulation Council of Nigeria
9. Cessation of appointment as members of the Legal Profession Regulation Council of Nigeria
10. Supplementary powers of the Legal Profession Regulation Council of Nigeria
11. Establishment of Secretariat for the Legal Profession Regulation Council of Nigeria
12.Establishment of the Committees of the Legal Profession Regulation Council of Nigeria
13. Body of Benchers
14. Professional Conduct Committee
15. Legal Services, Ethics and Standards Committee
16. Legal Aid and Welfare Committee
17. Education Committee
18. Young Lawyers and Career Committee
19. Governance, Risk and Audit Committee
20. Compliance and Enforcement Committee
21. Legal Practitioners Privileges Committee

PART III – GENERAL PROVISIONS RELATING TO PRACTICE

22. Call to the Bar
23. Enrolment
24. Keeping of the Roll
25. Practice Licence and Practising fees
26. Pupilage
27. Establishment of the Legal Practitioners Fidelity Fund
28. Privileges of Law Officers
29. Right of Audience and Precedence
30. Prohibition of legal practice by Foreign Lawyer or Law Firms
31. Offences by Foreign Lawyer
32. Liability for negligence
33. Penalties for unprofessional conduct
34. Disciplinary jurisdiction of the Supreme Court
35. Restoration of names on the roll, etc.
36. Scale of charges
37. Recovery of charges etc.
38. Application for taxation of charges
39. Taxation of charges
40. Supplementary provisions as to remuneration
41. Accounts and records for clients’ money
42. Special provisions as to client accounts with banks

PART IV – ESTABLISMENT, COMPOSITION, POWERS ETC OF THE COUNCIL OF LEGAL EDUCATION
43. Establishment of the Council of Legal Education
44. Composition of the Council of Legal Education
45. Quorum
46. Procedure
47. Tenure of Office
48. Vacation of Office
49. Functions of the Council of Legal Education
50. Powers of the Council of Legal Education
51. Remuneration
52. Code of Ethics
53. The Executive Secretary, Officers and Staff of the Council of Legal Education
54. Independence of the Council of Legal Education
55. Cooperation with other organizations
56. Invitation of experts
57. Delegation by the Council of Legal Education
58. Common seal of the Council of Legal Education
59. Protection from liability

PART V – REGULATION OF LEGAL EDUCATION PROVIDERS
60. Licensing, Accreditation etc of Legal Education Providers
61. Issuance of Licence
62. Display of Licence
63. Suspension or revocation of licence

PART VI – ESTABLISHMENT OF LEGAL EDUCATION FUND, INVESTMENT OF FUNDS ETC, OFFENCES AND MISCELLANEOUS PROVISIONS

64. Legal Education Funds
65. Investment of Funds
66. Financial year
67. Annual Estimates
68. Accounts and Audits
69. Illegal operation of legal education program or training
70, False information or representation etc
71. Offences by body corporate
72. General penalty
73. Administrative sanction
74. Seizure
75. Notice of change of directors etc of a legal education provider that is a body corporate
76. Reciprocal agreements
77. Regulations

PART VII – ESTABLISHMENT, COMPOSITION, FUNCTIONS OF THE NIGERIAN LAW SCHOOL AND OTHER MISCELLANEOUS PROVISIONS
78. Establishment of the Nigerian Law School
79. Structure of the Nigerian Law School
80. Composition of the Governing Council
81. Principal officers of the Nigerian Law School
82, Appointment of the principal officers of the Nigerian Law School
83. Functions of the Nigerian Law School
84. The Director-General
85. The Deputy Director General
86. Office of the Secretary of the Governing Council
87. Other principal officers of the Nigerian Law School
88. Selection board for other principal officers
89. Resignation
90. Functions of the Chairman
91. Functions of the Governing Council, its finance and General Purposes Committee
92. Functions of the Director General
93. Transfer of property
94. Removal of certain members of the Governing Council
95. Removal and discipline of academic, administrative and professional staff
96. Discipline of students
97. Retiring age of academic and non-academic staff of the Nigerian Law School
98. Miscellaneous administrative provisions
99. Offences

PART VIII – REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
100. Repeal
101. Savings and transitional provision

PART IX – INTERPRETATION AND CITATION
102. Interpretation
103. Short Title

SCHEDULES
FIRST SCHEDULE – Table of Precedence
SECOND SCHEDULE – Supplementary provisions as to the Professional Conduct Committee
THIRD SCHEDULE – Duties and Responsibilities of Governance, Risk and Audit Committee
LEGAL PROFESSION REGULATION BILL
A Bill for an Act to repeal the Legal Practitioners Act Cap C11 LFN 2004 and all amendments thereto; Legal Education (Consolidation etc,) Act Cap. L10 LFN 2004 and to enact the Legal Profession Regulation Act which shall regulate the legal profession

[Commencement] [1st December 2017]

ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
PART I
PRELIMINARY
REGULATORY OBJECTIVES AND PROFESSIONAL PRINCIPLES
1. Regulatory Objectives -
The regulatory objectives of this Bill shall include to -
(a) maintain public confidence in the provision of legal services;
(b) promote and protect public and consumers interest;
(c) promote the rule of law and improve access to justice;
(d) recognize and preserve the status of the legal profession
(e) ensure the independence, integrity and honour of members of the legal profession;
(f) increase public understanding of the citizen’s legal rights and duties;
(g) encourage an independent, strong, diverse and effective legal profession;
(h) establish and maintain standards for the continued education, competence and responsibility of members of the legal profession and notaries public; and
(i) promote transparency, proportionality and efficiency in the regulation of the legal profession.
2. Professional Principles -
Every legal practitioner must comply with the following obligations:
(a) uphold the rule of law and to facilitate the administration of justice in Nigeria;
(b) act with independence and integrity;
(c) maintain proper standards of work;
(d) act in the best interest of their clients as well as administration of justice;
(e) comply with his or her duty to the court or any other law,
(f) act with independence in the interest of justice; and
(g) keep the affairs of clients confidential.

PART II
ESTABLISHMENT, COMPOSITION, FUNCTIONS, POWERS ETC OF THE LEGAL PROFESSION REGULATION COUNCIL OF NIGERIA
3. Establishment of the Legal Profession Regulation Council of Nigeria
(1) There is hereby established a body to be known as the Legal Profession Regulation Council of Nigeria which shall be the apex regulator of the legal profession in Nigeria.
(2) The Legal Profession Regulation Council of Nigeria shall be a body corporate with perpetual succession and a common seal and shall in its corporate name be capable of -
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and
(c) doing or performing any other things or acts for the furtherance of the provisions of this Bill which may be lawfully done or be performed by a body corporate.

(3) The Legal Profession Regulation Council of Nigeria shall hold a minimum of four (4) meetings in a year.

4. Functions and Powers of the Legal Profession Regulation Council of Nigeria
(1) The functions of the Legal Profession Regulation Council of Nigeria (“the Council”) includes to -
i. regulate the legal profession in the overall interest of the public;
ii. achieve the regulatory objectives and professional principles set out in this Bill;
iii. regulate such other persons to whom legal practitioners may delegate some of their duties;
iv. make rules for the regulation of professional conduct and ethics in the profession;
v. keep and maintain the roll of members of the legal profession;
vi. issue Call to Bar certificates to candidates it determines eligible for admission to the Bar;
vii. make rules for the content, maintenance and update of the roll;
viii. make rules and regulations for Mandatory Continuing Professional Development and the accreditation of professional programmes of other organizations approved by the Legal Profession Regulation Council of Nigeria for the purpose of meeting this requirement;
ix. prescribe practicing fees and other fees in consultation with the Nigerian Bar Association and to set the principles for fixing of practicing fees and other fees;
x. Collect practising fees and other fees as prescribed by the Legal Profession Regulation Council of Nigeria under this Bill;
xi. make rules and regulations for keeping of clients' accounts by legal practitioners;
xii. make rules for the licensing of law firms and other vehicles established for the practice of law;
xiii. make rules for pupilage training of newly enrolled members of the profession;
xiv. prescribe activities reserved for the practice of law;
xv. regulate the practice of law in Nigeria by foreign lawyers and law firms;
xvi. temporarily manage the affairs of the Nigerian Bar Association (“the Association”) in the event of a vacuum for a period of not more than three (3) months during which period it must organise elections for the constitution of the executive of the Association;
xvii. enforce the provisions of the Bill as well as all rules made by the Council under the Bill against all persons;
xviii. coordinate the activities of all the bodies established under this Bill including issuing internal governance rules for all the bodies established under this Bill.

5. Composition of the Legal Profession Regulation Council of Nigeria
(1) The Council shall consist of the following members -
a. The Chief Justice of Nigeria or his alternate who may be a Justice of the Supreme Court, the President of the Court of Appeal or the Chief Judge of a State High Court or Federal High Court;
b. President of the Association or his representative;
c. Two members of the Association appointed by the President of NBA;
d. The Attorney General of the Federation or his representative
e. One (1) Senior Advocate of Nigeria elected by the Body of Senior Advocates of Nigeria;
f. By rotation one (1) Attorney General of a State elected by the State Attorneys General Forum;
g. One (1) Nigerian members from the International Federation of Women Lawyers – FIDA;
h. One (1) young lawyer who shall be elected by the Young Lawyers Forum of the Association
i. Six (6) legal practitioners directly elected by the six geopolitical zones in Nigeria in accordance with the provisions of the Constitution of the Nigerian Bar Association;
j. One (1) law teacher who shall be elected by the National Association of Law Teachers;
k. Three (3) lay persons appointed by the Appointment Panel established under this Bill; and
l. One (1) lawyer who is in private corporate commercial practice to be appointed by the Appointment Panel; and
m. One (1) lawyer to be elected by the Law Officers Association of Nigeria.
(2) The Chairman of the Council shall be elected from the members and shall not include the ex officio members of the Council.
(3) The Appointments Panel mentioned in paragraph (k) of subsection (1) of this section shall consist of –
i. The President of the Nigerian Bar Association who shall be the chairman of the Panel;
ii. The President of the Nigerian Medical Association; and
iii. The President of the Institute of Directors, Nigeria.
(4) The elections for membership of the Council in section 4(1) shall be by open competition and appropriate arrangements must be put in place, including advertisement and publication on the Association electronic platform and national print media, to ensure that qualified persons who meet the criteria put their names forward.
(5) The tenure of the members of the Council mentioned in paragraphs (c), (e), (f), (g), (h), (i), (j); (k); (l) and (m) of subsection 1 of this section shall be a single term of three years
(6) The quorum of the Legal Profession Regulation Council of Nigeria shall be one third of the members and the Council may make standing orders regulating its procedures and, subject to the provisions of any such orders, may regulate its own proceedings.
(7) The criteria for membership of the Legal Profession Council of Nigeria shall be as follows:
i. Selflessness; integrity; objectivity; accountability; openness; honesty; and leadership; and
ii. Must be persons who can contribute to policy and strategic development and have vision and direction.
iii. The Appointment Panel shall from time to time issue directive on how the Legal Profession Regulation Council of Nigeria shall ensure that the values mentioned in subsection 7(i) and 7(ii) are to be met by persons to be elected into the Legal Profession Regulation Council of Nigeria.

6. Funding of the Legal Profession Regulation Council of Nigeria
(1) The Council shall be funded as follows:
i. By forty percent (40%) of the practicing fees paid by legal practitioners for each year;
ii. By the licensing fees charged for licensing law firms; and
iii. Other fees charged for conducting the Continuing Professional Development program or accrediting organizations authorized to organize training for legal practitioners for the purpose of Continuing Professional Development;
iv. Fees from other services based on the principles of reasonable cost recovery;
v. Levies on transactions conducted by regulated persons where the Council provides a generally required service for the legal profession in relation to the transaction based on principles of reasonable cost recovery;
vi. penalties and fines for contravention of the provisions of this Bill or Regulations, Rules or Code made thereunder;
vii. Receipt of subventions and grants in accordance with the Transparency Rules of the Legal Profession Regulation Council of Nigeria.
(2) The Council shall maintain a fund for the running of its affairs.

7. Accounts and Audit of the Legal Profession Regulation Council of Nigeria

(1) The Council shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Council.
(2) In addition to presentation of the report of the Council to the Association as required under this Bill, within a period of three months from the end of each financial year, the Council shall submit to the Auditor-General of the Federation the accounts of the Council together with—
(a) a statement of the income and expenditure of the Council during the year; and
(b) statement of the assets and liabilities of the Council on the last day of that year.
(3) The accounts of the Council shall be prepared and be submitted for examination annually by the Auditor-General of the Federation.

8. Annual Reports of the Legal Profession Regulation Council of Nigeria
(1) The Secretariat of the Council must prepare a report referred to as “the annual report” for each financial year.
(2) The annual report must include -
i. The discharge of the Council’s functions,
ii. Financial statement
iii. The extent to which, in the Council’s opinion it has met its regulatory objectives, and
iv. Such other matters as the Council may from time to time direct.
(3) A copy of the annual report must be laid before the National Executive Council of the Association at its annual meeting.
(4) In this subsection, “financial year” means-
i. The period beginning with the day on which the Council is established and ending with the December of that year;
ii. Each successive period of 12 months beginning from 1st January and ending 31st December of that year.

9. Cessation of appointment as members of the Legal Profession Regulation Council of Nigeria
(1) A person shall cease to be a member of the Council if:
i. Such a person ceases to be a legal practitioner;
ii. Such a person’s appointment has expired; or
iii. Such a person is appointed by reason of being a lay person but ceases to be such by qualifying as a legal practitioner;
iv. Such a person ceases to be a member of the Association;
v. If convicted of a felony or offence involving dishonesty;
vi. By notice in writing to the Chief Executive Officer of the Council resigning his membership of the Council; and
vii. If in the opinion of 2/3 of the members of the Council, a member has violated or breached the Code of Conduct of the Council.

10. Supplementary powers

(1) The Legal Profession Regulation Council of Nigeria shall have the power to create panel(s) to advice on specific issues as may be referred to it by the Council.
(2) Subject to the provisions of this Bill, the Council and its Committees may each make regulation for the purpose of exercising any of their respective functions or of regulating their own procedure.
(3) Regulation made by the Committees shall not come into force unless approved by the Council; and in so far as and to the extent that any regulation so made by any Committee conflict with any directions given by the Council (whether before or after the coming into force of the rules in question), the direction of the Council shall prevail.
(4) There shall be paid to the members respectively of the Council, and of the Committees and of any other committee or panel set up by the Council allowances in respect of travelling and other reasonable expenses, at such rates as may from time to time be fixed by the Council.

11.Establishment of a Secretariat for the Legal Profession
Regulation Council of Nigeria
(1) There shall be established a secretariat for the Council which shall be headed by a Chief Executive Officer who shall be the chief accounting officer.

(2) The Chief Executive Officer shall be the Secretary to the Legal Profession Regulation Council of Nigeria.

(3) The Council shall appoint the Chief Executive Officer on the recommendation of the Appointment Panel set up under section 4(3) of this Bill. The role of the Chief Executive Officer shall be to direct the day-to-day administrative and secretarial functions of the Council through the Council Secretariat.

(4) The Chief Executive Officer shall hold office for a single term of five years on such terms and conditions as stipulated by the Legal Profession Regulation Council of Nigeria.
(5) The Secretariat shall have administrative staff as determined by the Council.
(6) The Secretariat shall discharge all such duties as the Council shall assign to it.
(7) The Chief Executive Officer may, as he sees fit, delegate any of his functions (whether generally or for a specific purpose) to the deputy Chief Executive Officer.
(8) The Chief Executive Officer may be removed from office
a. By two third majority vote of members of the Council.
b. By simple majority for
i. Incompetence
ii. Failure to meet agreed Key Performance Indicators (KPIs)
iii. Breach of terms of contract of employment.
iv. Misconduct.
v. Conviction for offence involving dishonesty

12. Establishment of the Committees of the Legal Profession Regulation Council of Nigeria
(1) There shall be established the following Committees of the Council –
a. Body of Benchers
b. Professional Conduct Committee
c. Legal Services, Ethics and Standards Committee
d. Legal Aid and Welfare Committee
e. Governance, Risk and Audit Committee
f. Compliance and Enforcement Committee and,
g. Education Committee
h. Young Lawyers and Career Committee
i. Privileges Committee

Provided that the Legal Profession Regulation Council of Nigeria shall have the power to create as many Committees as necessary on an ad hoc basis to carry out certain responsibilities as may be designated by the Legal Profession Regulation Council of Nigeria.

13. Body of Benchers -
(1) There shall be a Committee to be known as the Body of Benchers which shall be a Committee of the Legal Profession Regulation Council of Nigeria and shall consist of the following:
a. The Chief Justice of Nigeria and 3 Justices of the Supreme Court;
b. The President of the Court of Appeal and 2 Justices of the Court of Appeal;
c. The Attorney General of the Federation;
d. The Chief Judge of the Federal High Court;
e. The Chief Judge of the Federal Capital Territory High Court, Abuja;
f. six (6) Chief Judges of the States, one each from each of the six (6) geo-political zones in rotation in alphabetical order within the states of each of the geo-political zones from the date of commencement of this Bill;
g. six (6) Attorneys General of the States to be nominated by the State Attorneys General Forum;
h. the President of the Association;
i. A non-ex-officio lay member nominated by the Appointment Panel;
j. the Chairman of the Council of Legal Education;
k. Thirty (30) legal practitioners elected from the various sections of the Association as well as the geopolitical zones; six (6) of whom shall be Senior Advocates of Nigeria elected by the Body of Senior Advocates of the Nigeria.

(2) The Association shall create rules for election of the persons mentioned in paragraph (m) of subsection (1) above or such election shall be as stipulated in the Constitution of the Association.
(3) The Body of Benchers shall be responsible for the formal Call to the Bar of persons seeking to become legal practitioners in Nigeria.

. (4) The appointment of the members of the Body of Benchers shall be guided by the principles of integrity, selflessness, objectivity, accountability, openness, honesty and leadership.

(5) The Body of Benchers shall have at least four (4) meetings in a year.

(6) Upon the commencement of this Bill, there shall cease to be Life Benchers provided that the existing Life Benchers shall remain as honorary Life Benchers.
(7) Except for ex-officio members, the tenure of membership of the Body of Benchers shall be three (3) years renewable for another term of three (3) years and no more.

14. Professional Conduct Committee
(1) There shall be a Committee of the Legal Profession Regulation Council of Nigeria which shall be known as the Professional Conduct Committee.
(2) The Professional Conduct Committee shall be charged with the duty of considering and determining any case where it is alleged that a person who is a member of the legal profession has been involved with misconduct or should for any other reason be the subject of proceedings under this Bill.
(3) The Professional Conduct Committee shall be constituted in a 5-man panel for the purpose of hearing cases of professional misconduct referred to it.

(4) There shall be an Appointment Panel to be responsible for constituting the panel for the Professional Conduct Committee taking into consideration the location of the legal practitioner subject of the professional conduct procedure, area of practice and any other matters that are considered to be relevant.

(5) The Appointment Panel will be appointed by the Legal Profession Regulation Council of Nigeria and shall be made up of:
a) A Court of Appeal Judge, to act as the Chairman
b) Two (2) Senior Advocates of Nigeria
c) Two (2) legal practitioners of not less than 7 years Post Call
d) Two (2) lay members

(6) In appointing the Appointment Panel the Council will have regard to the criteria of integrity, selflessness, objectivity, accountability, openness, honesty and leadership.

(7) The Professional Conduct Committee shall develop a complaints procedure and management framework together with procedures for the purposes of expeditious and effective hearings resulting in the determination of complaints of professional misconduct provided that any such procedure shall be approved by the Council.

(8) The 5-man Panel must include one lay person.

(9) The appointment of the members of this Committee shall be by open competition and appropriate arrangements, including advertisements and publication on the Associations electronic platform, to ensure that qualified persons who meet the criteria put their names forward.

15. Legal Services, Ethics and Standards Committee
(1) The Legal Profession Regulation Council of Nigeria shall have a Committee to be known as the Legal Services, Ethics and Standards Committee.

(2) This Committee shall be responsible for the following:
a. Setting and maintaining ethical and professional standards for legal practice in Nigeria
b. Conducting inspections and making recommendations for approval of licenses for legal practitioners and law firms
c. Conducting spot and routine inspections of law offices and law firms;
d. Approving other structures for law practice;
e. Vetting foreign credentials and accrediting them for admission into the Nigerian Law School system;
f. determining requirements that would qualify a candidate with foreign credentials for admission into the Nigerian law school system;
g. Overseeing ethical practice of legal practitioners;
h. Monitoring activities of law firms including ensuring compliance with set standards of legal practice
(3) The members of the Committee shall be twelve (12) in number and appointed by the Appointments Panel for a single term of 3 years and such appointment shall be guided by the principle of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
(4) The appointment of the members of this Committee shall be based on open and transparent competition and appropriate arrangements, including advertisements in National newspapers with nationwide circulation, to ensure that qualified persons who meet the advertised criteria put their names forward.
(5) The tenure of the members of this Committee shall be for a single term of 3 years.

16. Legal Aid and Welfare Committee
(1) There shall be established a Committee of the Council which shall be known as the Legal Aid and Welfare Committee.
(2) The Committee will be responsible –
a. To consider and advise Council on all matters relating to remuneration of the Bar including legal aid;
b. Promoting quick access to justice in Nigeria;
c. Ensuring effective representation for indigent persons in criminal matters;
d. Setting standards regarding the representation of indigent persons in civil matters;
e. Ensuring implementation of Council directives on funding of Pro Bono NGOs rendering services to indigent persons;
f. Monitoring performance of Pro Bono work of all firms giving pro bono services funded by public funds and enforcing standards.
g. To determine the terms on which legal practitioners accept work/brief;
h. To consider and recommend to Council remuneration scales for legal practitioners’ services including public service and private organization;
i. To determine and recommend to Council minimum remuneration for young lawyers in private law firms;
j. To advise Council on how non-competence related challenges of regulated persons such as drug dependency, mental, social and psychological impairments can be treated and handled.
k. To advise the Bar in respect of pension and insurance issues;
l. To implement and supervise enforcement by Council Secretariat of all rules, advise and regulations approved by Council.
(3) The members of the Committee shall be twelve (12) in number and appointed by the Council for a single term of 3 years. Such appointment shall be guided by the principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
(4) The appointment of the members of this Committee shall be based on open and transparent competition and appropriate arrangements, including advertisements in National newspapers with nationwide circulation and electronic platforms of the Association, to ensure that qualified persons who meet the advertised criteria put their names forward.

17. Education Committee
(1) There shall be established an Education Committee which shall be a Committee of the Legal Profession Regulation Council of Nigeria and shall be responsible for:
i. Coordinating with the Council Secretariat continuous professional development of regulated persons;
ii. Developing and organizing with Council Secretariat training programs for the continuous and professional development of regulated persons;
iii. Working with Council Secretariat, vetting and accrediting the training programmes of other organisation in accordance with terms and conditions approved by Council;
iv. Liaising with the Association in conducting continuous legal education and professional development training for legal practitioners;
v. Developing and considering proposal for law reform;
vi. Submitting views to the Government, the legislature and other government agencies where appropriate on law reforms;
vii. Liaising with the Federal and States legislatures on all matters relating to proposed and pending bills and other legislative issues;
viii. Conducting research and inquiries relating to legislation;
ix. Performing other functions relating to law reform in Nigeria;
x. Working with the Council Secretariat on the establishment of a library for the Council for the use of regulated persons under this Bill.
xi. Ensuring that the library is digitally available to its registered users and the judicial system for the proper administration of justice; and
xii. Performing other functions relating to legal education and training of legal practitioners in Nigeria as Council may direct.

(2) The Education Committee shall also be responsible for the conduct of Mandatory Continuing Professional Development for legal practitioners.

(3) The Education Committee shall subject to approval of the Council make rules and regulations for Mandatory Continuing Professional Development (referred to as MCPD), including fees sufficient to ensure that the MCPD program is financially self-supporting, implement MCPD rules and regulations adopted by the Council in consultation with the Association and to adopt forms necessary to ensure lawyers' compliance with the rules and regulations.
(4) The Committee shall meet at least twice a year, or more frequently as needed, either in person, by conference telephone communications, or by electronic means.
(5) The Committee shall subject to approval of the Council accredit MCPD courses and activities, and to determine the number of hours to be awarded for attending such courses or participating in such activities.
(6) The Council shall -

(a) review applications for accreditation of those courses, activities or portions of either that are offered to fulfil the professional responsibility requirement for conformity with the accreditation standards and hours enumerated in these rules exclusive of review as to substantive content;

(b) evaluate annually the effectiveness and quality of the MCPD courses and make changes in the Rules or their implementation, a financial report for the previous' fiscal year, and its recommendations for the new fiscal year.

(c) conduct an independent annual audit of the Minimum Continuing Legal Education Fund, the expenses of which shall be paid out of the fund. The audit shall be submitted as part of the annual report of the Council to the Association and Auditor-General.

(d) To take all action reasonably necessary to implement, administer and enforce the rules and the decisions of Council on MCPD programme.

(7) The Education Committee shall consist of twelve (12) members appointed by the Council for a single term of three (3) years only and such appointments shall be guided by the principle of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

(8) The appointment of the members of this Committee shall be based on open and transparent competition and appropriate arrangements, including advertisements in National newspapers with nationwide circulation and publication on the electronic platform of the Association, to ensure that qualified persons who meet the advertised criteria put their names forward.

(9) The responsibilities of the Education Committee shall be carried out in accordance with the regulatory objectives of this Bill.

18. Young Lawyers and Career Committee
(1) There shall be established a Committee of the Council which shall be known as the Young Lawyers and Career Committee and shall consist of twelve (12) members appointed by the Legal Profession Regulation Council of Nigeria. Such appointments shall be guided by the principle of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

(2) The appointment of the members of this Committee shall be based on open and transparent competition and appropriate arrangements, including advertisements in National newspapers with nationwide circulation and publication on the Association’s electronic platform, to ensure that qualified persons who meet the advertised criteria put their names forward.

(3) The Committee shall be responsible for the following:
a. To articulate the welfare of young lawyers and address the issues concerning their welfare and professional development;
b. To organize mentorship programs for young lawyers;
c. To develop plans and schemes for welfare of young lawyers for consideration and approval of the Council;
d. To consider and advise Council on schemes to assist young lawyers with gaining experience, achieving referrals and developing their practice;
e. To supervise Council Secretariat regarding maintaining a referral database and referral service for young lawyers.
f. To partner with the Nigerian Bar Association Young Lawyers Forum in the performance of its responsibility; and
g. To perform such other functions relating to career and professional development of young lawyers in Nigeria as the Council may direct.
(4) The functions of this Committee shall be carried out in accordance with the regulatory objectives of this Bill.
(5) The membership of this Committee shall be for a single term of three years.

19. Governance Risk and Audit Committee
(1) There shall be a Committee of the Council known as the Governance, Risk and Audit Committee.
(2) The Committee shall be responsible for assisting the Council to fulfil its oversight functions in areas such as financial reporting, internal control systems and internal and external audit functions. The Committee shall be charged with the duties and responsibilities as provided in the Third Schedule to this Bill.
(3) The Committee shall consist of twelve (12) members six (6) of whom shall be lay persons with experience in accounting, finance, corporate or public governance and risk management and the other six (6) of whom must be legal practitioners appointed by the Council on the recommendation of the Appointment Panel set up in section 5 (3) of this Bill and such appointments shall be guided by the principle of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
(4) The appointment of the members of this Committee shall be based on open and transparent competition and appropriate arrangements, including advertisements in National newspapers with nationwide circulation and publication on the Associations electronic platform, to ensure that qualified persons who meet the advertised criteria put their names forward.
(5) The tenure of the members of this Committee shall be a single term of three years.
(6) The functions of this Committee shall be carried out in accordance with the regulatory objectives of this Bill.

20. Compliance and Enforcement Committee
(1) There shall be established a Committee of the Legal Profession Regulation Council of Nigeria known as Compliance and Enforcement Committee.
(2) The Committee shall consist of twelve (12) members appointed by the Council and such appointments shall be guided by the principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
(3) The Committee shall be responsible for ensuring compliance with the provisions of this Bill to regulate legal practice and enforcing any sanctions made hereunder for failure to comply.
(4) The Committee shall be responsible for investigating matters concerning fitness to practice or alleged misconduct by a member of the legal profession committed in a professional capacity or otherwise in any other capacity which should for any other reason be the subject of proceedings under this Bill.

(5) The Committee may constitute sub committees to conduct investigation and the Council may create a special division of the Council Secretariat dedicated exclusively to conducting investigation of complaints relating to professional conduct.

(6) The appointment of the members of this Committee shall be based on open and transparent competition and appropriate arrangements, including advertisements in National newspapers with nationwide circulation and publication on the Association’s electronic platform, to ensure that only qualified persons who meet the advertised criteria put their names forward.
(7) The tenure of the members of this Committee shall be a single term of three years.
(8) The functions of this Committee shall be carried out in accordance with the regulatory objectives of this Bill.
(9) The Committee shall be responsible for enforcement of all standards, practice, rules, regulation, directives and laws under this Bill and shall ensure compliance with those standards and rules.
(10) The Committee shall be responsible for investigating all allegations of infringement of the provisions of the Bill or of rules, regulation, standards, practices and directives made under it.
(11) The Committee shall be responsible for prosecuting cases before the Professional Conduct Committee Panels as well as the Courts with respect to offenses under this Bill.
(12) The members of the Committee shall adhere to the Council’s policies (as adopted and updated by the Council from time to time) or any applicable laws or regulations (including, without limitation, applicable conflict and insider dealing rules). It is the responsibility of each Committee member to familiarize themselves with these policies and all applicable laws and regulations.

21. Legal Practitioners Privileges Committee
(1) There shall be established a Committee of the Council known as the Legal Practitioners Privileges Committee.
(2) The Committee shall be responsible for recommending standards for recognition and awards of Senior Advocates of Nigeria for legal practitioners who have achieved distinction in legal practice and Certified Specialists who have achieved specialist knowledge in specialised area of legal practice in accordance with the rules and criteria set by the Council.
(3) The Committee shall consist of twenty (20) members appointed as follows
a) The Chief Justice of Nigeria or his representative who shall chair this Committee.
b) one (1) Supreme Court Justice appointed by the Chief Justice of Nigeria;
c) one (1) Justice of the Court of Appeal appointed by the President of the Court of Appeal;
d) one (1) Judge of the Federal High Court appointed by the Chief Judge of the Federal High Court;
e) Two (2) Judges of state High Courts appointed by the Chief Judges of the State High Courts and Federal Capital Territory;
f) The Attorney General of the Federation or his representative;
g) Two (2) State Attorneys General elected by the state Attorneys General Forum;
h) six (6) Senior Advocates of Nigeria elected by the Body of Senior Advocates of Nigeria;
i) Two lay persons appointed by the Appointments Panel set up under section 5(3) of this Bill;
j) three (3) legal practitioners, who are not Senior Advocates, elected by the Association;
k) One (1) legal practitioner elected by the National Association of Law Teachers.

Provided that such appointment shall be guided by the principle of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
(4) The appointment/election of the members of this Committee shall be based on open and transparent competition and appropriate arrangements, including advertisements in National newspapers with nationwide circulation and publication on the Association’s electronic platform, to ensure that only qualified persons who meet the advertised criteria put their names forward.

Members shall hold office for a single term of three (3) years and no more except the Chief Justice of Nigeria and Attorney General of the Federation who are ex officio members.

(5) Subject to general guidelines and regulation of the Council, the Committee on behalf of the Council may by instrument confer on a legal practitioner the rank of Senior Advocate of Nigeria or Certified Specialist or other privileges as may be specified in the instrument.
(6) A person shall not be conferred with the rank of Senior Advocate of Nigeria unless he has been qualified to practice as a legal practitioner in Nigeria for not less than ten (10) years and has achieved distinction in the legal profession in such manner as the Committee may, from time to time, determine.
(7) The Committee shall make rules and set criteria for the certification of specialists in areas of legal practice and other privileges.
(8) Legal practitioners who are to be certified as specialists in a particular area of practice shall not be less than six (6) years post call and must have acquired sufficient expertise in the area of legal practice (that is minimum of thirty per cent (30%) of their practice is in that area of law) for which they are to be certified as well as such other professional certification as may be found satisfactory to the Council.
(9) The Committee shall have power to set up panels or sub-committees to perform its duties and responsibilities.
(10) The Secretariat of the Council shall do all that is necessary to enable the Committee to perform its functions.
(11) The functions of this Committee shall be carried out in accordance with the regulatory objectives of this Bill.

PART III - GENERAL PROVISIONS RELATING TO PRACTICE
In this Part “Council” means Legal Profession Regulation Council of Nigeria.
22. Call to the Bar
(1) Subject to the provisions of this section, a person shall be entitled to be called to the Bar if –
(a) he is a citizen of Nigeria; and
(b) he produces a qualifying certificate to the Council; and
(c) he satisfies the Council that he is of good character; and
(d) he pays the call fees as may be prescribed from time to time by the Council.
(2) Notwithstanding the provisions of subsection (1) of this section, a person may also be entitled to be enrolled and practice, if –
(a) he is a non-citizen of Nigeria;
(b) he produces a certificate of waiver by the Council; and
(c) he satisfies the Council that he is of good character.

(3) The Council may by regulations provide for the grant of waivers to those qualified in other common law jurisdictions and with sufficient work experience in those jurisdictions to be granted exemption to specified aspects of the training to become a legal practitioner under the provisions of this Bill upon such terms and conditions as may be set by the Council.

(4) The Council shall issue to every person called to the Bar pursuant to subsections (1) and (2) of this section, a certificate of call to the Bar or certificate of waiver as the case may be which shall be in such forms the Council may determine.
(5) A person called to the Bar shall also qualify as a Solicitor of the Supreme Court of Nigeria by reason of the Call to Bar; and shall be Barrister and Solicitor of the Supreme Court of Nigeria.

23. Enrolment
1) Subject to the provisions of this Bill, a person shall be entitled to practice as a Legal Practitioner if, such person name is on the roll.
2) It shall be an offence for a person who is not a Legal Practitioner to –
(a) wilfully pretend to be a Legal Practitioner; or
(b) with the intention of implying falsely that that person is a Legal Practitioner to take or use any name, title or description; or
(c) otherwise engage in the practice of law by performing acts and rendering services reserved for regulated persons under this Bill without appropriate licence or approval.

3) A person who is guilty of an offence under subsection (5) is liable on summary conviction to imprisonment for a term not exceeding two (2) years or a fine of not less than N1,000,000 or both. Where the person received pecuniary benefit, there shall be a minimum mandatory sentence of six (6) months imprisonment.
4) The Council shall be entitled to enforce the provisions of this Bill and prevent unauthorised persons from practicing in any capacity within the legal profession as well as prosecute any offences created under this Bill.

24. Keeping the Roll
1) The Council shall from the commencement of this Bill keep a list of all members of practitioners called to the Nigerian Bar, which shall be referred to as “the Roll”.
2) The Roll may be kept either by means of computer or by recording in books for that purpose or both.
3) The Council shall make entries in the Roll available for inspection during office hours, without payment, by any person who applies to inspect it.
4) On production of a certificate of Call to Bar issued by the Council or court order for the restoration of the name of a person whose name has been struck of the roll, the Council shall enter the name of that person on the roll.
5) The Council shall appoint a person who shall be known as Registrar of the Roll to perform the function of recording the data of legal practitioners in line with the Rules of Content of the Roll Register to be developed by the Council.

25. Practice Licence and Practising Fees
(1) Subject to the regulations, from time to time made by the Council, a person whose name is on the roll shall be entitled to practice as a legal practitioner provided that before providing any form of legal service he obtains a practicing licence from the Council certifying that he is entitled to practice as a legal practitioner according to the provisions of this section.
(2) The practicing license shall be issued or renewed at intervals prescribed under the regulations made from time to time by the Council.
(3) The practicing license shall be issued or renewed on the Council being satisfied that the applicant has:
(a) paid the annual practicing fees stipulated in this Bill for the year the application is made; and
(b) satisfied the Council that he is a person of good character; and
(c) in the case of renewal, has obtained the required number of credits under a Mandatory Continuing Professional Development programme administered by the Council in conjunction with the Association.
(4) The Council shall –
(a) issue to every legal practitioner by whom a practicing fee is paid in respect of any year a receipt for the fee in the prescribed form; and
(b) as soon as reasonably practicable after the end of March in each year and thereafter from time to time during the year as he considers appropriate cause to be printed in the prescribed form and put on sale a list or supplementary list of the legal practitioners by whom practicing fees have been paid in respect of that year; and
(c) retain a sum equal to 40 percent of the aggregate amount of the practicing fees received in pursuance of this section during the year, and 60 percent shall be paid over to the Association.
and a receipt purporting to be issued and list purporting to be printed in pursuance of this subsection in respect of any year shall be evidence that the person named in the receipt or, as the case may be, that any person named in the list has paid to the Council the practicing fee in respect of that year. Subject to such security and data protection measures as the Council shall deem necessary to put in place, the list should be published in a searchable web enabled manner.

26. Pupilages
1) From the date of commencement of this Bill, every person called to the Nigerian Bar shall undergo a mandatory pupillage for two (2) years in the office of an experienced legal practitioner in active practice or a law firm with the requisite facilities to give such training as required during the pupillage period.
2) Any person who has not undertaken the mandatory two (2) pupillage shall not be entitled to commence practice as sole practitioner or to set up a law firm either alone or in partnership or other arrangement with other legal practitioners.
3) The Council shall make rules and set the criteria for the conduct of pupillage for new entrants to the Bar.
4) The Council shall develop and maintain a Pupillage Handbook which shall among others deal with the structure and duration of the pupillage programme, fair treatment and selection of pupils, duties, training and responsibilities of pupil supervisors, support and advise for pupils, complaints procedures and funding of the pupil programme.
5) The Council Secretariat shall have a division responsible for pupillage programme and shall qualify legal practitioners as pupil supervisors. Participation and contribution as pupil supervisor will be one of the criteria for conferment of legal practitioners’ privileges under this Bill.

27. Establishment of the Legal Practitioners Fidelity Fund
(1) There shall be established a Fund known as the Legal Practitioners Fidelity Fund to be administered professionally for the Council for the purpose of compensating persons who suffer pecuniary loss due to defaults by legal practitioner or a law firm.

(2) Every Legal Practitioner must in addition to paying their practicing fees make contribution to the Fund.

(3) The Council shall set the amount of minimum contribution to be made to the Fund by each legal practitioner depending on the assessment of risk with respect to each individual and or firm. Practitioners may voluntarily contribute above the minimum to manage additional risk as they wish.

(4) The Council shall issue a certificate to every legal practitioner who has contributed to the fund yearly in advance as certifying that the legal practitioner is an up to date contributor to the Fund and stating the limit to which the Fund would contribute in the event of default.

(5) Contributions made to the Fund shall be invested professionally by the Council as may be determined by the Council pending the application of same for the purpose for which it was set up.
(6) The Council may set up such commercial structure as may be necessary to enable it manage the risk and obtain such regulatory waivers required to render fidelity guarantee service to the profession.

(7) The Fund shall be applied for the purpose of reimbursing persons who suffer pecuniary loss as a result of any misconduct by a legal practitioner or his employee including theft of any money or other property entrusted by or on behalf of such persons to the legal practitioner or to his employee in the course of the legal practitioners act, business or practice or while he is acting as executor or administrator in an insolvent estate or in any other similar capacity or incompetence or negligence.

(8) The Council shall determine the maximum amount that can be paid to an individual claimant based on any regulations to be issued for the purpose of this Fund.

28. Privilege of Law Officers
(1) Notwithstanding any other provision of this Bill, all courts of law in Nigeria before which legal practitioners are entitled to appear shall accord to every law officer specified in this section, the following rights and privileges, that is to say –
(a) the exclusive right to sit in the inner bar or, where no facilities exist for an inner bar, on the front row of seats available for legal practitioners; and
(b) the right to mention any motion in which he is appearing or any other cause or matter which is on the cause list.
(2) The law officers to whom this section applies are the Attorney-General of the Federation, the Attorney-General of any State in the Federation and the Solicitor-General of the Federation.
(3) The rights and privileges conferred on the law officers by subsection (1) of this section shall also be accorded to the Senior Advocates of Nigeria.

29. Right of audience and precedence
(1) Subject to the provisions of the following subsection and of any enactment in force in any part of Nigeria prohibiting or restricting the right of any person to be represented by a legal practitioner in proceedings before the Supreme Court or the Sharia Court of Appeal or any area or customary court, a legal practitioner shall have the right of audience in all courts of law sitting in Nigeria.
(2) No legal practitioner shall be accorded the right of audience in any court in Nigeria in any year unless he has paid to the Council in respect of that year such practicing and licensing fees as well as fidelity fund contribution as may be prescribed from time to time in accordance with the provisions of this Bill or any instrument of the Council.
(3) Legal practitioners appearing before any court, tribunal or a person exercising jurisdiction conferred by law to hear and determine any matter (including an arbitrator) shall take precedence among themselves according to the table of precedence set out in the First Schedule to this Bill.

30. Prohibition of legal practice by Foreign Lawyer or Law Firms -
(1) It shall be unlawful for any Foreign Lawyer
(a) To prepare or sign writs, originating processes, summons, motions, briefs, pleadings, petitions, applications or any other court documents in any Court, Tribunal, Panel or Board of Enquiry, Administrative Board in Nigeria; or
(b) To use the title or name legal practitioner, attorney or legal adviser with respect to giving advise on Nigerian law; or
(c) To in any way act as a legal practitioner or legal consultant or hold themselves out as such in respect of Nigerian law; or
(d) To prepare and/or sign, or file any contract, memorandum deed, will, lease, assignment, power of attorney, mortgage, title deed, notice, warrant, bond, legal opinion or any other legal document whatsoever with Nigerian law as choice of law or involving Nigerian party or in respect of contract entered into in Nigeria or to be performed partly or wholly in Nigeria.
(e) It shall be unlawful for foreign law firms to prepare or sign any contracts, memorandum deeds, wills, leases assignments, power of attorney, mortgage, title deeds, notices, warrants, bonds, legal opinions or any other legal documents governed by Nigerian law.
(f) It shall be unlawful for any person to encourage a foreign lawyer to advice or practice Nigerian Law in breach of the provisions of this Bill.
(2) “Foreign Lawyer” for purpose of subsection (1) of this section includes Law Firms and Individual Lawyers or Nigerian lawyer who works for a foreign lawyer.
(3) For the purpose of this Bill, the following persons shall be deemed not to be providing legal services:
(a) A person who is acting in the normal course of carrying on a profession or occupation governed by another Act that regulates specifically the activities of persons engaged in that profession;
(b) An employee or officer of a corporation, who drafts, completes or revises a document for the use of the corporation or to which the corporation is a party;
(c) An individual who is acting on his own behalf, whether in relation to a document or otherwise;
(d) An employee or a volunteer representative of a trade union who is acting on behalf of the union or a member of the union in connection with a grievance or a labour negotiation.

31. Offences by Foreign Lawyer
(1) Every Foreign Lawyer who
(a) gives legal advice with respect to the Laws of the Federal Republic of Nigeria in contravention of the provisions of this Bill and regulations of the Council on the practice of law in Nigeria by Foreign lawyers;
(b) acquires, collaborates or merges with a Nigerian Law Firm for the purpose of giving legal advice in respect of the Laws of the Federal Republic of Nigeria;
is guilty of an offence and on conviction, liable to a fine of:
i. Not less than N10,000,000 for a first offence; and
ii. Not less than N20,000,000 for each subsequent offence or imprisonment for a term not exceeding two years or both upon conviction.

(2) Every person who encourages legal practice by foreign lawyers or foreign law firm shall be liable to if found guilty to a fine of not less than N5,000,000 for a first instance; and N10,000,000 for each subsequent offence or imprisonment for a term not exceeding two (2) years or both upon conviction.

(3) Any person found guilty under this section shall in addition to the sanctions stated in subsection 1 and 2 shall forfeit any fees paid by the foreign firm to such person.

32. Liability for negligence
(1) Subject to the provisions of this section, a person shall not be immune from liability for damage attributable to his negligence while acting in his capacity as a legal practitioner, and any provision purporting to exclude or limit that liability in any contract shall be void.
(2) Nothing in subsection (1) of this section shall be construed as preventing the exclusion or limitation of the liability aforesaid in any case where a legal practitioner gives his services without reward either by way of fees, disbursements or otherwise.

33. Penalties for unprofessional conduct, etc.
(1) Where-
(a) a person who is a member of the legal profession is adjudged by the Professional Conduct Committee of the Council to be of infamous conduct in any professional respect; or
(b) a person who is a member of the legal profession is convicted, by any court in Nigeria having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which is in the opinion of the Professional Conduct Committee incompatible with the status of a legal practitioner; or
(c) the Professional Conduct Committee is satisfied that the name of any person has been fraudulently enrolled;
the Professional Conduct Committee, may, if it thinks fit, give a direction –
(i) ordering the Registrar of the Roll to strike that person’s name off the roll; or
(ii) suspending that person from practice by ordering him not to engage in practice as a legal practitioner for such period as may be specified in the direction; or
(iii) admonishing that person; and
(iv) any such direction may, where appropriate, include provision requiring make good orders, refund of moneys paid or the handing over of documents or any other thing as the circumstances of the case may require.
(2) Where a person whose name is on the roll is adjudged by the Professional Conduct Committee to have committed a misconduct not amounting to infamous conduct which, in the opinion of the Professional Conduct Committee, is incompatible with the status of a legal practitioner, the Professional Conduct Committee may, if it thinks fit, give such a direction as is authorized by paragraph (c) (ii) or (iii) of subsection (1) of this section and any such direction may, where appropriate, include provision of requiring the refund of moneys paid or the handing over of documents or any other thing, as the circumstances of the case may require.
(3) The Professional Conduct Committee may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsections (1) and (2) of this section until a subsequent meeting of the Committee or to enable the practitioner make good the situation. No person shall be a member of the Professional Conduct Committee for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Committee when the decision was deferred.
(4) It shall be the duty of the Council to make rules from time to time on professional conduct in the legal profession and cause such rules to be published in the Gazette and on its website and distributed to all the branches of the Association.
(5) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (b) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(6) When the Professional Conduct Committee gives a direction under subsection (1) or subsection (2) of this section, the Professional Conduct Committee shall cause notice of the direction to be served on the person to whom it relates and submit to the Council a report of its findings which resulted in the issuance of a notice.
(7) The person to whom such a direction relates may, at any time within 30 days from the date of service on him of the notice of the direction, appeal against the direction to the Supreme Court and the Professional Conduct Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Professional Conduct Committee, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.
(8) A direction of the Professional Conduct Committee under subsection (1) or (2) of this section shall take effect –
(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time.
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;
(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed.
and shall not take effect except in accordance with the foregoing provisions of this subsection.
(9) Where a direction is given under subsection (1) or (2) of this section for the refund of moneys paid or the handing over of documents or any other thing and within 30 days of the date of the direction (or where an appeal is brought, on the dismissal of the appeal) the legal practitioner fails to comply with the direction, the Professional Conduct Committee may deal with the case as one involving misconduct by the legal practitioner in his professional capacity.

34. Disciplinary jurisdiction of the Supreme Court
(1) Where it appears to the Supreme Court that a person whose name is on the roll has been guilty of infamous conduct in any professional respect with regard to any matter of which the court or any other court of record in Nigeria is or has been seized, the Supreme Court may if it thinks fit, after hearing any representations made and evidence adduced by or on behalf of that person and such other persons as the court considers appropriate, give such a direction as is mentioned in subsection (1) of section 33, and the direction shall take effect forthwith; and except in the case of an admonition the court shall direct the Council to cause notice of the direction to be published in the Federal Gazette and on the Council’s website.
(2) Where it appears to the Chief Justice of Nigeria that a legal practitioner should be suspended from practice, either with a view to the institution against him of proceedings under this Bill before the Professional Conduct Committee or while any such proceedings are pending, the Chief Justice of Nigeria may if he thinks fit, after affording the practitioner in question an opportunity of making representations on the matter, give such direction as is authorized by paragraph (ii) of subsection (1) of section 33; and in deciding whether to give such a direction in consequence of the conviction of a legal practitioner, the Chief Justice of Nigeria shall be entitled to disregard the provisions of subsection (5) of section 33.

35. Restoration of names to the roll, etc.
(1) Where either before or after the commencement of this Bill the name of any person has been struck off the roll or a person has been or is deemed to have been suspended from practice, he may, subject to the provisions of this Bill, make an application to the Council through the Registrar of the Rolls for the restoration of his name to the roll of the cancellation of the suspension; attaching the order of restoration of the name on the roll to the said application.

REMUNERATION OF LEGAL PRACTITIONERS
36. Scales of charges
(1) The Legal Aid and Welfare Committee of the Council shall have power to make orders regulating generally the charges of legal practitioners and, without prejudice to the generality of that power, any such order may include provision as to all or any of the following matters, that is to say-

(a) the maximum charges which may be made in respect of any transaction or activity of a description specified by the order;
(b) the ascertainment of the charges appropriate for any transaction or activity by reference to such considerations as may be so specified;
(c) the taking by practitioners of security for the payment of their charges and the allowance of interest with respect to the security; and
(d) agreements between legal practitioners and clients with respect to charges.

(2) The Legal Aid and Welfare Committee shall not make an order under this section unless they have served a copy of the proposed order on the President of the Association and have considered any representations in writing made to the Committee by the Association within the period of three months beginning with the date of service of the copy; and if the President of the Association within twenty days of the day on which an order under this section comes into force, signifies that the order be annulled, it shall, except in relation to anything previously done by virtue of the order, cease to have effect on the day next following the date of the resolution and be deemed never to have had effect.

(3) Until the first order made in pursuance of this section comes into force, nothing in this section shall be construed as affecting the law in force in any part of Nigeria with respect to the remuneration of legal practitioners.

(4) The Legal Aid and Welfare Committee shall meet at least twice a year.

37. Recovery of charges, etc.
(1) Subject to the provisions of this Bill, a legal practitioner shall be entitled to recover his charges by action in any court of competent jurisdiction.

(2) Subject as aforesaid, a legal practitioner shall not be entitled to begin an action to recover his charges unless –
(a) a bill for the charges containing particulars of the principal items included in the bill and signed by him, or in the case of a firm by one of the partners or in the name of the firm, has been served on the client personally or left for him at his last address as known to the legal practitioner or sent by post addressed to the client at that address; and
(b) The period of one month beginning with the date of delivery of the bill has expired.

(3) In any case in which a legal practitioner satisfies the court, on an application made either ex-parte or if the court so directs after giving the prescribed notice –
(a) that he has delivered a bill of charges to a client; and
(b) that on the face of it the charges appear to be proper in the circumstances; and
(c) that there are circumstances indicating that the client is about to do some act which would probably prevent or delay the payment to the legal practitioner of the charges.
then, notwithstanding that the period mentioned in paragraph (b) of subsection (2) of this section has not expired, the court may direct that the legal practitioner be authorized to bring and prosecute an action to recover the charges unless before judgment in the action the client gives such security for the payment of the charges as may be specified in the direction.
(4) The court may, if it thinks fit, on the application of a client –

(a) order a legal practitioner to deliver his bill of charges to the client;
(b) make an order for the delivery up of, or otherwise in relation to, any documents in the control of the legal practitioner which belong to or were received by him from or on behalf of the client,
and without prejudice to the generality of the powers of the court to punish for contempt or to the provisions of this Bill relating to the discipline of legal practitioners, the court may punish for contempt any legal practitioner who refuses or fails to comply with an order under this subsection.
(5) The value of any consideration received by any person for anything done by a legal practitioner in his capacity as a legal practitioner shall, in so far as the value exceeds the minimum charges to which by virtue of this Bill the practitioner is entitled in respect of that thing, be recoverable from any person who received the consideration or from the legal practitioner by the person from whom the consideration moved either directly or indirectly.

38. Application for taxation of charges

(1) Except where a direction providing for the giving of security is given under subsection (3) of section 94 of this Bill and security is not given in accordance with the direction, the court shall, on an application made by a client within the period of one month from the date on which a bill of charges was delivered to him, order that the bill shall be taxed and that no action to recover the charges shall be begun until the taxation is completed.

(2) Subject to the provisions of subsection (3) of this section, the court may if it thinks fit, on an application made after the expiration of the period aforesaid by the legal practitioner or (except as aforesaid) by the client in question –
(a) order that the bill shall be taxed;

(b) order that until the taxation is completed, no action to recover the charges mentioned in the bill shall be begun and any such action already begun shall be stayed.
and an order under the subsection may be made on such terms (other than terms as to the costs of the taxation) as the court may determine.
(3) No order shall be made under subsection (2) of this section –
(a) in any case, after the period of twelve months from the date on which the bill in question was paid;

(b) except in a case where the court determines that there are special reasons for making such an order, if twelve months have expired since the date of the delivery of the bill or if judgment has been given in an action to recover the charges in question;
and an order made by virtue of paragraph (b) of this subsection may contain terms as to the costs of the taxation.
39. Taxation
(1) The taxation of a bill of charges shall be in accordance with the provisions of any order in force under section 95 of this Bill; and where no such order is in force or any item failing to be taxed is not dealt with by the order, the charges to be allowed on taxation of the item shall not exceed such as are reasonable having regard to the skill, labour and responsibility involved and to all the circumstances of the case.

(2) If, at the time and place appointed in pursuance of rules of court for the taxation of a bill, one of the parties appears and any other party does not, the taxing officer shall proceed to tax the bill unless for special reasons he determines to adjourn or further adjourn the taxation so as to afford an absent party an opportunity to be present; and where he does so determine, he may also determine by whom any costs of the adjournment or further adjournment shall be payable.

(3) Where on the taxation of a bill it appears to the taxing officer that there are circumstances of the case which make it appropriate to refer the taxation to the court, he shall so refer it; and the court may either –
(a) proceed itself to tax the bill and notify to the taxing officer the amount to be declared and stated in his certificate in pursuance of the next following subsection; or
(b) refer the taxation back to the taxing officer with its direction in the matter.

(4) On the completion of the taxation of a bill, the taxing officer shall forthwith declare the amount due in respect of the bill and shall filed in the records of the court a certificate signed by him stating that amount; and any party to the taxation shall be entitled on demand to have issued to him free of charge an office copy of the certificate.

(5) If any party to the taxation is dissatisfied with a determination under subsection (2) of this section or the amount stated in a certificate filed in pursuance of this section (other than a certificate stating the amount notified by the court under subsection (3) of this section), he may, within 21 days from the date of the determination or filing, appeal to the court.

(6) The certificate of the taxing officer in respect of a bill of charges, or where the certificate is varied on appeal, the certificate as so varied, shall be conclusive as to the amount of the charges payable in respect of the bill, but nothing in this subsection shall be construed as relieving a legal practitioner of any obligation to prove that a client is liable to pay a bill of charges, or as precluding a client from disproving that he is so liable.

(7) Subject to the provisions of any order made by virtue of subsection (3) of section 94 of this Bill, if the amount stated in a certificate under this section relating to a bill of costs, or in such a certificate as varied on appeal, is less than the amount of the bill before taxation and the difference is equal to one sixth or more of the amount of the bill before taxation, the costs of the taxation shall be payable by the legal practitioner, and in any other case those costs shall be payable by the client.

40. Supplementary provisions as to remuneration

(1) Without prejudice to the provisions this Bill, the following expressions have the following meanings unless the context otherwise requires, that is to say-

“bill of charges” means such a bill as is mentioned in paragraph (a) of subsection (2) of section 37 of this Bill.

“charges” means any charges (whether by way of fees, disbursements, expenses or otherwise) in respect of anything done by a legal practitioner in his capacity as a legal practitioner;

“client” means the person or any of the persons alleged to be liable to pay the charges of a legal practitioner;

“the court” means the High Court of the State in which the legal practitioner in question usually carries on his practice or usually resides or in which the client in question usually resides or has his principal place of business or, in the case of a legal practitioner authorized to practice by warrant, the High Court of the State in which the proceedings specified in the application for the warrant were begun;

“taxation” means taxation by the proper officer of the court, and cognate expressions shall be construed accordingly.
(2) For the purposes of the remuneration provisions, a bill of charges is delivered if it is served on or left for or sent to the client as mentioned in subsection (3) (a) of section 37 of this Bill and, in relation to a bill of charges, “deliver” and cognate expressions shall be construed accordingly.

(3) The remuneration provisions shall apply to a firm consisting of legal practitioners in partnership as they apply to a legal practitioner.

(4) For the purposes of the remuneration provisions, a person shall be deemed to be a legal practitioner in relation to any charges if he was a legal practitioner when he performed the services to which the charges relate.

SAFEGUARDS FOR CLIENTS, ETC.

41. Accounts and records for clients’ moneys
(1) Subject to subsection (4) of this section, the Legal Profession Regulation Council of Nigeria may, from time to time, as the Council considers expedient, make rules –
(a) as to the opening and keeping by legal practitioners of accounts at banks for clients’ moneys; and
(b) as to the keeping by legal practitioners of records containing particulars and information as to moneys received, held or paid by them for or on account of their clients; and
(c) as to the opening and keeping by a legal practitioner who is the sole trustee, or who is a co-trustee only with one or more of his partners, clerks or servants, of an account at a bank for moneys of any trust of which he is the sole trustee or such a co-trustee as aforesaid; and
(d) as to the keeping by such a legal practitioner as is mentioned in paragraph (c) of this subsection, of records containing particulars and information as to moneys received, held or paid by him for or on account of any such trust as is so mentioned; and
(e) Empowering the Council to take such action as it thinks necessary to enable it to ascertain whether the rules are being complied with.
(2) Rules under this section shall not require the keeping of accounts of records-
(a) by a legal practitioner in respect of moneys received, held or paid by him as a member of the public service of the Federation or a State; or

(b) in such other circumstances, as may be specified by the rules.
(3) For the purposes of this section, “trustee” includes personal representatives, and in relation to a personal representative, any reference to a trust shall be construed as a reference to the deceased’s estate.

42. Special provisions as to client accounts with banks
(1) A bank at which a legal practitioner keeps an account for clients’ moneys shall not, in respect of any liability of the legal practitioner to the bank which does not arise in connection with that account, have or obtain any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against moneys standing to the credit of that account.
(2) A bank shall not, in connection with any transaction in respect of an account of a legal practitioner kept for clients’ moneys with that or with any other bank (other than an account kept by him as trustee for a specified beneficiary) incur any liability, or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to the account, which it would not incur to be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to the account.

PART IV
ESTABLISHMENT, COMPOSITION, FUNCTIONS, POWERS, ETC OF THE COUNCIL OF LEGAL EDUCATION
43. Establishment of the Council of Legal Education
(1) There is hereby established a Council to be known as the Council of Legal Education.
(2) The Council of Legal Education shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and
(c) doing or performing any other things or acts for the furtherance of the provisions of this Bill which may be lawfully done or be performed by a body corporate.

44. Composition of the Council of Legal Education
(1) The Council of Legal Education shall consist of the following persons:
(a) A Chairperson who shall be a retired Judge or a distinguished Professor of Law or a person who is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than fifteen years, to be appointed by the President on the recommendation of the Appointments Panel set up under section 5(3) of this Bill;
(b) one State Attorney-General, to be elected by the State Attorneys General Forum;
(c) The Attorney General of the Federation or his representative;
(c) The President of the Nigerian Bar Association or his representative;
(d) The President of the Nigerian Association of Law Teachers or his representative;
(e) Four (4) heads of the faculty or college of law of any recognised university in Nigeria, whose course of legal studies is approved by the Council, one representing each of the geo-political from a Federal University, one from Private University, one from a State-owned University [elected by the Committee of Deans, Provosts and Directors of the Nigerian Association of Law Teachers] and the DG of the Nigerian Law School;
(f) six persons qualified to practice as legal practitioners in Nigeria and who have been so qualified for not less than ten years, at least 50% of whom shall be female, representing the six geo-political zones and elected by the Nigerian Bar Association through an open and competitive process and appropriate advertisement even in National newspapers with nationwide circulation to ensure that qualified persons put forward their names for the purpose of the election; one member to be a Senior Advocate of Nigeria to be recommended by the Body of Senior Advocates of Nigeria;
(g) representative of the National University Commission
(h) two lay persons
(i) one representative of the Legal Profession Regulation Council of Nigeria
(2) In the absence of the chairperson, the President of the Association may act in his place as chairperson for the purpose of the proceedings of the Council of Legal Education

(3) The Appointment Panel under section 5(3) of this Bill shall be responsible to appoint the two (2) lay persons.

45. Quorum
The quorum of the Council of Legal Education shall be nine.

46. Procedure
(1) The Council of Legal Education may regulate its own procedure.
(2) The validity of any proceedings of the Council shall not be affected by any defect in the appointment of any member, or by reason that a person not entitled to do so took part in the proceedings.

47. Tenure of Office
(1) The Chairperson of the Council of Legal Education shall hold office for a single term of four years.
(2) The members of the Council mentioned in paragraphs (b), (c) and (e) shall hold office for a period of two years only, to pave way for the election of other State Attorneys-General and other heads of faculty or college of law, as the case may be, representing their respective geo-political zones.
(3) The members of the Council mentioned in paragraph (f) shall hold office for a period of two years.
(4) The Executive Secretary shall hold office for a single term of five years.
(5) The representative of the National University Commission shall hold office for maximum period of two years, after which a new representative must be nominated
(6) The lay persons shall hold office for a single term of two years.

48. Vacation of office
The office of the chairperson or a member of the Council, other than an ex officio member, shall become vacant if he —
(a) resigns from office by notice in writing addressed to the President through the Appointments Panel in the case of the chairperson, or the body that elected him or her, in the case of the members, a copy of which shall be submitted to the Secretary to the Council;
(b) is absent from three consecutive meetings of the Council;
(c) is convicted of an offence by a court and sentenced to imprisonment for a term of six months;
(d) is convicted of an offence involving fraud or dishonesty;
(e) is unable, by reason of mental or physical infirmity, to discharge his or her functions as a member of the Council;
(f) is adjudged by two-thirds majority of the members of the Council as unable or unfit to continue serving as member of the Council.

49. Functions of the Council of Legal Education
(1) The functions of the Council of Legal Education shall be to—
(a) regulate the legal education of persons seeking to become members of the legal profession in terms of competence and fitness (ethics);
(b) to keep and maintain index and data of law students;
(c) regulate legal education and training in Nigeria offered by legal education providers;
(c) licence or accredit legal education providers;
(d) supervise legal education providers;
(e) recognise and approve qualifications obtained outside Nigeria for purposes of admission to the Nigerian Law School or other vocational legal training institutions, as the case may be;
(f) advise the Government on matters relating to legal education and training, and
(g) vet candidates to determine their suitability for admission into the Nigerian Law School in terms of qualification and accreditation as well as character requirements.

(2) Without prejudice to the generality of subsection (1), the Council shall, with respect to legal education providers, be responsible for setting and enforcing standards relating to the—
(a) accreditation of legal education providers for the purposes of licensing;
(b) curricula and mode of instruction;
(c) mode and quality of examinations;
(d) harmonization of legal education programmes; and
(e) setting the qualifications and requirements for legal education providers
(f) conducting examinations which shall include the appointment of examiners, moderators, invigila¬tors, members of subject panels and committees and other persons with respect to examina¬tions and any other matter incidental thereto or connected therewith;
(g) the placement of suitable qualified candidates in the Universities and the Nigerian Law School having taken into account-
(i) the vacancies available in each University
(ii) the guidelines approved for each University
(iii) such other matters as the Council of Legal Education may consider appropriate in the circumstances;
(h) the collection and dissemination of information on all matters relating to legal education or any other matter relevant to the discharge of the functions of the Council of Legal Education under this Bill;
(i) the carrying out of such other activities as are neces¬sary or expedient for the full discharge of all or any of the functions conferred on it under or pursuant to this Bill; and
(j) monitoring and evaluation of legal education providers and programmes

(3) In carrying out its functions under subsection (2), the Council shall—
(a) make Regulations in respect of requirements for the admission of persons seeking to enrol in legal education programmes;
(b) establish criteria for the recognition and status of academic qualifications in legal education;
(c) establish a system of equivalencies of legal educational qualifications and credit transfers;
(d) advise and make recommendations to the Government and any other relevant authority on matters relating to legal education and training that require the consideration of the Government;
(e) collect, analyse and publish information relating to legal education and training;
(f) advise the Government on the standardization, recognition and equation of legal education qualifications awarded by foreign institutions;
(g) carry out regular visits, inspections or accreditation of legal education providers;
(h) enforce accreditation criteria set by it, including withdrawal of accreditation; and
(i) perform and exercise any other functions conferred on it by this Bill or incidental to the performance of its functions.

(4) Subject to the provisions of this Bill, a person shall be entitled to practice as a Barrister and Solicitor of the Supreme Court of Nigeria if and only if his name is on the Roll maintained by the Legal Profession Regulation Council of Nigeria. For this purpose, the Council of Legal Education shall issue a certificate of eligibility to be on the Roll if satisfied that the candidate has met the requirement under this Bill.
a) If an application under this subsection is made to the Council by or on behalf of any person appearing to be entitled to practice Law in any other Country, the Council of Legal Education shall accredit the qualifications of such an applicant specifying the requirements if any to be fulfilled in order for the applicant to be entitled to undergo the training to be enrolled under this Bill.
b) The Council of Legal Education may by regulation provide for the grant such waivers and exemptions to the applicant upon such terms and conditions as may be determined by the Council of Legal Education to be appropriate having regard to factors such as the similarity to Nigeria of the Legal System where the applicant is entitled to practice, the experience of the applicant and number of years he has practiced in the country of qualification.
(5) Subject to the provisions of this Bill, a person shall be entitled to be called to the Bar and to practice as a solicitor if:
(a) Such a person is a citizen of Nigeria;
(b) Such a person produces a qualifying certificate issued by the Council of Legal Education to the Legal Profession Regulation Council of Nigeria;
(c) Such a person satisfies the Legal Profession Regulation Council of Nigeria that he is of good character.

(6) The Council of Legal Education may by regulations provide that the provisions of subsection (5) of this section shall not apply in such cases and on such conditions as may be specified by the regulations.
(7) Where any conflict arises between the provisions of this section and the provisions of any other written law for the time being in force, the provisions of this section shall prevail.

50. Powers of the Council of Legal Education
(1) The Council of Legal Education shall have all the powers necessary or expedient for the performance of its functions under this Bill and in particular, the Council of Legal Education shall have the power to—
(a) control, supervise and administer its assets in such manner and for such purposes as best promotes the purpose for which the Council of Legal Education is established;
(b) appoint, promote and discipline its staff;
(c) control and administer the Fund;
(d) receive any lawful grants, gifts, donations or endowments and make legitimate disbursements therefrom;
(e) enter into association with other bodies or organizations within or outside Nigeria as the Council may consider desirable or appropriate and in furtherance of the purpose for which the Council is established;
(f) open or maintain a bank account or bank accounts for the funds of the Council; and
(g) invest the funds of the Council not currently required for its purpose.

Provided that the Council of Legal Education shall adopt the principles of transparency, open and competitive bidding in receiving and disbursing funds.

(2) The Council of Legal Education may, within such time as may be specified by the Council of Legal Education, require any person to furnish any returns or information relating to legal education and training that is in the opinion of the Council of Legal Education required to enable the Council to perform its functions or exercise its powers under this Bill.

51. Remuneration
The allowances for part time members of staff shall be in accordance with the prevailing guidelines on the remuneration of part time members of public bodies issued by the appropriate agency of the Federal Government.

52. Code of Ethics
(1) The members of the Council of Legal Education shall subscribe to, and be bound by a Code of Ethics and commitment to availability to be approved by the Council of Legal Education.
(2) The conduct of the affairs of the Council of Legal Education shall be guided by the following principles:
i. Selflessness
ii. Integrity
iii. Objectivity
iv. Accountability
v. Openness
vi. Honesty
vii. Leadership

53. The Executive Secretary, officers and staff of the Council of Legal Education
(1) There shall be an Executive secretary to the Council of Legal Education who shall be appointed by the Council of Legal Education on such terms and conditions of service as the Council of Legal Education may determine.
(2) The Executive secretary shall serve on a full time basis.
(3) The Executive secretary shall be responsible to the Council of Legal Education for the day-to-day running of its affairs and may perform such other duties as may be assigned to him by the Council of Legal Education.
(4) The Council of Legal Education shall appoint such other officers and staff as are necessary for the proper discharge of its functions, upon such terms and conditions of service as the Council of Legal Education may determine.

54. Independence of the Council of Legal Education
The Council of Legal Education shall, in the exercise of its functions, comply with the general policy of the Government relating to legal education and training but shall otherwise not be subject to the control of any other person or authority.

55. Cooperation with other organizations
The Council of Legal Education may, in the discharge of its functions, consult, collaborate and cooperate with—
(a) the National Universities Commission and other regulators in the field of education, generally;
(b) the Nigerian Bar Association; and
(c) ministries, departments and agencies of Government, statutory bodies, and any other body or institution having functions or objects related to the functions of the Council of Legal Education.

56. Invitation of experts
(1) The Council of Legal Education may invite any public officer or other person or any representative of any body, who in the opinion of the Council of Legal Education, has expert knowledge in matters relating to its functions to attend any meeting of the Council of Legal Education and participate in the proceedings.
(2) A person attending a meeting under this section may, if invited, participate in any discussion at the meeting but shall not vote.

57. Delegation by the Council of Legal Education
The Council of Legal Education may, by resolution, generally or in a particular case, delegate to any of its committees, members, officesr, employees or agents, the exercise of any of the powers or the performance of any of the functions of the Council of Legal Education under this Bill.

58. Common seal of the Council of Legal Education
(1) The common seal of the Council of Legal Education shall be kept in such custody as the Council shall direct and shall not be used except on the order of the Council.
(2) The common seal of the Council of Legal Education shall, when affixed to a document and duly authenticated, be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to have been duly given.

59. Protection from liability
(1) No matter or thing done by a member of the Council of Legal Education, any officer, employee or agent of the council shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Council under this Bill, render the member, officer, employee or agent or any person acting under their direction liable to any action, claim or demand whatsoever.
(2) The provisions of subsection (1) shall not relieve the Council of Legal Education of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Council by this Bill or by any written law or by the failure, whether wholly or partially, of any works.

PART V - REGULATION OF LEGAL EDUCATION PROVIDERS

60. Licensing, Accreditation, etc of Legal Education Providers
(1) An institution that intends to offer any course or programme of legal education in Nigeria for the award of a degree, diploma or certificate as a professional qualification in law shall apply to the Council of Legal Education for a licence or accreditation, as the case may be.
(2) An application under subsection (1) shall be in such form and shall be accompanied by such fee as may be prescribed by the Council of Legal Education.
(3) The Council of Legal Education may by notice in the Gazette declare a course or programme, specified in the notice, being offered or provided by any person or institution to be a course or programme for which a licence or accreditation is required under this section.
(4) A certificate of attendance at a course, workshop or seminar shall not be considered a degree, diploma or certificate for the purposes of this Bill.
(5) A document issued at the end of a programme or training after the commencement of the Bill, purporting to be evidence of the award of a degree, diploma or certificate in law shall not be valid unless the Council of Legal Education has licensed or accredited the programme or training.

61. Issuance of licence
(1) Where the Council of Legal Education determines that an applicant is suitable and competent to offer legal education programmes or training, the Council of Legal Education may issue a licence to the applicant or accredit the programme or training.
(2) The Council of Legal Education shall specify, in the licence or proof of accreditation, the courses or legal education programmes which the legal education provider may offer and any terms and conditions that the Council of Legal Education may consider necessary.
(3) The Council of Legal Education shall, upon licensing or accrediting an institution as a legal education provider under this Bill, publish the name of the institution on its website or in the Gazette or at least one daily National newspapers with nationwide circulation with nationwide circulation.

62. Display of licence
(1) Every licensed or accredited legal education provider shall display its licence or proof of accreditation in a prominent place, at its registered office and at every branch office in which the business of a legal education provider is conducted.
(2) A legal education provider shall clearly state on all of its letters, accounts, agreements and other documents and electronic platform the fact that it is licensed as a legal education provider.

63. Suspension or revocation of licence
(1) Where the Council of Legal Education has reasonable grounds to believe that a legal education provider is not complying with the terms and conditions of the licence or accreditation, it may, after giving the legal education provider an opportunity to be heard, by notice in writing require the legal education provider to take the corrective action specified in the notice within the period specified in the notice, to the satisfaction of the Council of Legal Education.
(2) If the legal education provider fails to comply with a notice issued under subsection (1) within the period specified in the notice, the Council of Legal Education may, after calling upon the legal education provider to show cause why the licence or accreditation should not be cancelled—
(a) suspend the licence or accreditation for such period as the Council of Legal Education considers necessary; or
(b) revoke the licence or accreditation; or
(c) impose such fines as necessary to ensure compliance.

PART VI – ESTABLISHMENT OF LEGAL EDUCATION FUND, INVESTMENT OF FUNDS ETC, OFFENCES AND MISCELLANEOUS PROVISIONS.

64. The Legal Education Fund
(1) There is established a fund to be known as the Legal Education Fund which shall vest in the Council of Legal Education.
(2) There shall be paid into the Fund—
(a) such moneys as may accrue to or vest in the Council of Legal Education in the course of the exercise of its powers or the performance of its functions under this Bill;
(b) such sums as may be payable to the Council of Legal Education pursuant to this Bill or any other written law, or pursuant to any lawful gift or trust; and
(c) all moneys from any other lawful source provided for or donated or lent to the Council of Legal Education.
(3) There shall be made to the Council of Legal Education, out of monies appropriated for that purpose, grants towards the expenditure incurred by the Council of Legal Education in the exercise of its powers or the performance of its functions under this Bill.
(4) There shall be paid out of the Fund any expenditure incurred by the Council of Legal Education in the exercise of its powers or the performance of its functions under this Bill.

65. Investment of funds
(1) The Council of Legal Education may invest any of its funds in securities in which trustees may by law invest trust funds, or in any other securities, which the Treasury may from time to time approve for that purpose.
(2) The Council of Legal Education may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the Council of Legal Education.

66. Financial year
Unless the Federal Government otherwise directs, the financial year of the Council of Legal Education shall be the period of twelve months ending on the thirty first day of December of each year.

67. Annual estimates
(1) Before the commencement of every financial year, the Council of Legal Education shall cause to be prepared estimates of revenue and expenditure of the Council of Legal Education for that year.
(2) The annual estimates shall make provision for all the estimated expenditure of the Council of Legal Education for the financial year and in particular, the estimates shall provide—
(a) for the payment of the salaries, allowances and other charges in respect of the staff of the Council of Legal Education;
(b) for the payment of pensions, gratuities and other charges in respect of the retirement benefits which are payable out of the funds of the Council of Legal Education;
(c) for the proper maintenance of the buildings and grounds of the Council of Legal Education;
(d) for the maintenance, repair and replacement of the equipment and other property of the Council of Legal Education;
(e) all expenditure incurred in relation to the establishment, equipment or management of any training institution by the Council of Legal Education; and
(f) for the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of building or equipment, or in respect of such other matter as the Council of Legal Education may deem appropriate.

(3) The annual estimates shall be approved by the Council of Legal Education before the commencement of the financial year to which they relate, and shall be submitted to the relevant organs of the Government for approval, and thereafter the Council of Legal Education shall not increase or decrease the annual estimates except with the requisite authority.
(4) No expenditure shall be incurred for the purposes of the annual estimates approved under this section or in pursuance of an authorization of the Council of Legal Education given without prior requisite approval.

68. Accounts and audit
(1) The Council of Legal Education shall cause to be kept all proper books and records of account of the income, expenditure and assets of the Council of Legal Education.
(2) Within a period of three months from the end of each financial year, the Council of Legal Education shall submit to the Auditor-General of the Federation the accounts of the Council of Legal Education together with—
(a) a statement of the income and expenditure of the Council of Legal Education during the year; and
(b) statement of the assets and liabilities of the Council of Legal Education on the last day of that year.
(3) The accounts of the Council of Legal Education shall be prepared and be submitted for examination annually by the Auditor-General of the Federation.

OFFENCES
69. Illegal operation of legal education programme or training
A person who offers any course or programme of legal education in Nigeria for the award of a degree, diploma or certificate as a professional qualification in law without a licence or accreditation commits an offence and shall be liable on conviction to a fine of not less than N1000,000 or to imprisonment for a term not exceeding five years or to both.

70. False information or representation, etc
(1) A person who—
(a) for the purpose of procuring the registration of himself or another person as a legal education provider, or for any other purpose under this Bill knowingly makes any false statement or representation, or produces or furnishes or causes to be produced or furnished any document or information which he knows to be false;
(b) being a registered legal education provider has a place of business other than the one specified in the licence and carries on business as a legal education provider at that place; or
(c) offers, purports to offer or holds himself out as offering legal education, otherwise than in accordance with this Bill, commits an offence.
(2) A person who commits an offence under this section is liable on conviction to a fine of not less than five hundred thousand naira or to imprisonment for a term not exceeding one year or to both.

71. Offences by body corporate
Where an offence is committed by any company or other body corporate, society, association, or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons commits an offence and is liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or was about to be committed, or that he took all reasonable steps to prevent its commission.

72. General penalty
A person who commits an offence under this Bill for which no penalty is specifically provided is liable to a fine of not less than one hundred thousand naira or imprisonment for a term not exceeding one year or both.

73. Administrative sanctions
(1) The Council of Legal Education shall have power to suspend the consideration and approval of a license or accreditation of any person or institution in breach of any provisions of this Bill not exceeding a period of five years.

74. Seizure
(1) The Council shall have power to seize and seal up the property of a legal education provider who fails to comply with the provisions of this Bill upon order of Court.
(2) The property seized and sealed up by the Council under this section shall be deemed to be property under the custody of the Council subject only to an order of Court.
(3) The Council shall blacklist any legal education provider who fails to comply with the provisions of this Bill.

MISCELLANEOUS PROVISIONS
75. Notice of change of directors, etc of a legal education provider that is a body corporate
(1) Where a legal education provider is a body corporate, and at any time thereafter changes are made—
(a) in the directors of that body corporate; or
(b) in the management of the body corporate,
the legal education provider shall, within seven days after the change, serve the Council of Legal Education, with a notice giving particulars of such change.
(2) A legal education provider that fails to comply with the provisions of subsection (1) commits an offence.

76. Reciprocal agreements
(1) The Council of Legal Education may recommend, to appropriate authorities, the conclusion by Nigeria of reciprocal arrangements with the government of any country in the interests of and in furtherance of legal education in Nigeria.
(2) Without prejudice to the generality of subsection (1), the reciprocal arrangements referred to in subsection (1) may include arrangements relating to—
(a) credit transfers between a legal education provider in Nigeria and a legal education provider in another country;
(b) liaison between the Council and a regulator of legal education in another country; and
(c) the harmonization of the curricula of legal education in Nigeria with those in another country.

(3) For the purpose of giving effect to any reciprocal arrangement under this section, the Attorney-General may, on the advice of the Council, make Regulations for giving effect in Nigeria to any such arrangements and for adapting this Bill in its application to cases affected by such arrangements.

77. Regulations
(1) The Council of Legal Education may make Regulations for the purposes of giving effect to the provisions of this Bill, and in particular, such Regulations may—
(a) make provision for the assessment criteria to be used by the Council of Legal Education in consultation with the local bar associations in other jurisdictions, in accrediting foreign programmes;
(b) provide for the Council of Legal Education, in consultation with the National Universities Commission, to establish mechanisms for the continuous monitoring and evaluation of the programmes of legal education providers or foreign universities recognized by the Council of Legal Education;
(c) authorize the charging by the Council of Legal Education of fees in respect of any application, licence or other service under this Bill;
(d) make provision for the establishment of legal education and training institutions;
(e) provide for the terms and conditions of service, including the appointment, dismissal, remuneration and retirement benefits of the members of staff of the Council of Legal Education; and
(f) prescribe any other thing required or permitted to be prescribed for the better carrying out of the objects of this Bill.

(2) The Regulations made under this Bill may grant or provide for the granting of exemptions from any of the provisions of the Regulations, conditionally or unconditionally.

PART IV
ESTABLISHMENT, STRUCTURE, COMPOSITION AND FUNCTIONS OF THE NIGERIAN LAW SCHOOL

78. Establishment of the Nigerian Law School
(1) There is hereby established the Nigerian Law School (in this Bill referred to as “the Law School”) which shall be a body corporate with perpetual succession and a common seal.
(2) The Law School may sue and be sued in its corporate name.
(3) The Law School shall have power to hold and acquire property, movable and immovable, in its name.
(4) The objects of the Law School shall be—
(a) to provide vocational training to qualified law graduates seeking to become legal practitioners in Nigeria.
(b) To provide courses of instruction and other facilities for the pursuit of vocational training in all its branches, and to make those facilities available on proper terms to such persons as are equipped to benefit from them.
(c) to encourage and promote scholarship and conduct research in all fields of vocational training.
(d) such other vocational training, activity or other matters as the Governing Council may be directed by the Legal Profession Regulation Council of Nigeria, the Council of Legal Education or the Governing Council itself to consider as may be appropriate in the circumstances;
(e) To undertake any other activity appropriate for the attainment of the foregoing objects.

79. Structure of the Law School
The Law School may operate a multi-campus structure with the headquarters to be in Abuja and such number of other campuses and their locations to be cited in places at which the Governing Council may approve.

80. Composition of the Governing Council
The Governing Council of the Law School shall consist of—
(a) The Chairperson;
(b) The Director General;
(c) One Deputy Director General on a rotational basis;
(d) One (1) senior staff member of the law school to be elected by their peers from each of the campuses on a rotational basis.
(e) Two (2) Deans of approved Faculties of Law of Nigerian Universities on a rotational basis.
(f) One (1) lay person to be nominated by the Chairman of Council of Legal Education
(g) Five (5) legal practitioners of not less than fifteen years post call experience elected by the Nigerian Bar Association;

81. Principal Officers of the Law School
(1) The Law School shall consist of—
(a) The Chairperson
(b) The Director-General
(c) The Deputy Directors-General
(d) all directors of academic of the Law School
(e) all directors of administration of the Law School

82. Appointment of the principal officers of the Law School
(1) The Chairperson of the Governing Council of the Law School shall be appointed by the Appointment Panel set up under section 5(3) of this Bill after consultation with the Attorney General of the Federation.
(2) The Chairperson shall hold office for a period of four (4) years.
(3) Where for any reason the Chairman is absent at a meeting members of the Governing Council present will appoint a non-academic and non-staff member to act as the Chairman for the purposes of that meeting.

83. Functions of the Nigerian Law School
(1) Subject to the provisions of this Bill and the regulations made by the Council of Legal Education to determine criteria and eligibility for admission into the Law school, the Nigerian Law School shall perform the following:
(a) to admit and conduct vocational training in accordance with the provisions of this Bill.
(b) to conduct examinations and grant qualifying certificates to successful students who have duly completed the course of vocational training and satisfied other requirements as the Law School may from time to time determine;
(c) to institute the rank of Director, Deputy Director, Senior Lecturer, Lecturers and other administrative and professional staff and to make appointments thereto.
(d) to establish such campuses and research units as may from time to time seem necessary or desirable subject to the approval of the Council of Legal Education;
(e) to provide for the welfare and discipline of all staff and students;
(f) to demand and receive from the students or any other persons attending the Nigerian Law School for the purpose of instruction, such fees as the Law School may, from time to time determine;
(g) to acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property wherever situated;
(h) subject to principles of openness and transparency, to accept gifts, legacies and donations, but without obligation to accept same for a particular purpose unless it approves the terms and conditions attached thereto;
(i) to enter into contracts, establish trusts, act as trustee, solely or jointly with other persons, and employ and act through agents;
(j) to erect, provide, equip and maintain libraries, lecture halls, halls of residence, refectories, auditoriums, moot court room, sports grounds, playing fields and other buildings or things necessary or suitable or convenient for any of the objects of the Law School;
(k) to invest any moneys appertaining to the Law School by way of endowment, whether for general or special purposes, and such other moneys as may not be immediately required for current expenditure, in any investment or securities or in the investment or securities or in the purchase or improvement of land, with power from time to time to vary any such investments and to deposit any moneys for the time being uninvested with any bank on deposit or current account;
(l) to borrow, whether on interest or not and if need be upon the security of any or all of the property movable or immovable of the Law School, such moneys as the Governing Council may from time to time in its discretion find it necessary or expedient to borrow or to guarantee any loan, advances or credit facilities;
(m) to make gifts for any charitable purposes;
(n) to do anything which is authorized or required by this Bill to do; and
(o) To do such things as may be incidental to the functions and the object of this Bill.
(p) Subject to the provisions of this Bill and without prejudice to section 78(4) of this Bill, the powers conferred on the Law School by subsection (1) of this section shall be exercisable on behalf of the Law School by the Governing Council or in any other manner which may be authorized from time to time by the Governing Council.

84. The Director-General
(1) There shall be a Director General of the Law School appointed by the Appointment Panel set up in section 5(3) of this Bill after consultation with the Attorney General of the Federation in accordance with the provisions of this section.

(2) The Director General shall be a legal practitioner of not less than fifteen (15) years post call and cognate experience and must have attained the rank of a Director at the Law School/Professor of law or a person not below the rank of Professor in an approved faculty of law of a university.
(3) Where a vacancy occurs in the post of the Director General, the Governing Council shall—
(i) advertise the vacancy in a reputable journal or a widely read National newspapers with nationwide circulation, specifying—
(A) the qualities and qualifications of the persons who may apply;
(B) the terms and conditions applicable to the position; and thereafter draw up a short list of suitable candidates for consideration;
(ii) Constitute a team comprising of—
(A) A member of the Governing Council as Chairperson;
(B) Two member of the Council of Legal Education;
(C) Two legal practitioners of not less than fifteen (15) years post call experience to be elected by the Nigerian Bar Association;
(4) The team shall consider the candidates and persons on the short list drawn up under subparagraph (B) of paragraph (i) of subsection (3) of this section through an examination of their curriculum vitae and an interview and recommend to the Council suitable candidates for further consideration.
(5) The Governing Council shall select three candidates from among the candidates recommended to it under subparagraph (ii) of this paragraph and may indicate its order of preference stating the reasons and forward the names to the Appointment Panel.
(6) The Appointment Panel may appoint as Director General any one of the candidates recommended to it in accordance with the provisions of subsection (7) of this section after consultation with the Attorney General of the Federation.
(7) The Director General shall hold office for a single term of five years only on such terms and conditions as may be specified by his letter of appointment.
(8) The Director General may be removed from office by the Appointment Panel on the recommendation of Governing Council.

85. Deputy Director General
(1) There shall be appointed for each campus of the Nigerian Law School except the headquarters a Deputy Director General who shall also function as the head of the Campus.
(2) A Deputy Director General shall be appointed by the Council in accordance with the provisions of this section.
(3) The person to be appointed to the post of the Deputy Director General must be a legal practitioner of not less than fifteen years post call experience and must not be below the rank of a Director/Professor in the Nigerian Law School or a Professor in an approved faculty of law in a Nigerian Universities.
(4) Where a vacancy occurs in the post of a Deputy Director General, the Governing Council shall—
(i) advertise the vacancy in a reputable journal or a widely read National newspapers with nationwide circulation, specifying—
(ii) the qualities and qualifications of the persons who may apply;
(iii) the terms and conditions applicable to the position; and thereafter draw up a short list of suitable candidates for consideration.
(iv) The Governing Council shall select for each vacant position one candidate from the shortlist prepared by the Council under subsection (4) of this section and appoint the candidate to the post of Deputy Director General.
(5) A Deputy Director General shall—
(i) head a campus of the Law School except the headquarters and run its day to day affairs under the direction of the Director General;
(ii) assist the Director General in the performance of his functions;
(iii) Unless otherwise decided by the Governing Council, the most senior Deputy Director General shall act in the place of the Director General when the post of the Director General is vacant or if the Director General is, for any reason, absent or unable to perform his functions as the Director General; and
(iv) perform such other functions as the Director General or the Governing Council may, from time to time, assign.
(6) A Deputy Director General shall hold office for a period of two years on such terms and conditions as may be specified in his letter of appointment; and may be re-appointed for a further period of two years and no more.

86. Office of the Secretary of the Governing Council
(1) There shall be a Secretary of the Governing Council, who shall be the Chief Administrative Officer of the Nigerian Law School and shall be responsible to the Director General for the day-to-day administration of the Nigerian Law School.
(2) The Secretary of the Governing Council shall hold office for a period of five (5) years and on such terms as to the emolument of his office as may be specified.

87. Other Principal Officers of the Nigerian Law School
(1) In addition to the Secretary of the Governing Council the Nigerian Law shall have the following principal officers, —
(i) the Director of finance/Bursar; and
(ii) the Law Librarian,
who shall be appointed by the Governing Council on the recommendation of the selection board constituted under section 88(1) of this Bill.
(2) The Director Finance/Bursar shall be the Chief Financial Officer of the Law School and be responsible to the Director General for the day-to-day administration and control of the financial affairs of the law School.
(3) The Law School Librarian shall be responsible to the Director General for the administration of the Law School Library and the co-ordination of library services in the Law School and its campuses.
(4) The Director of Finance/Bursar and the Librarian shall each hold office for a period of five (5) years and on such terms as to the emoluments of their offices as may be specified.
(5) Any issues regarding the scope of the responsibilities of the aforesaid officers shall be determined by the Director General.
88. Selection Board for other principal officers
(1) There shall be for the Law School a selection board for the appointment of principal officers, the Governing Council shall appoint the Chairman of this board who must be a non-executive of—
(i) The Director General; and
(ii) Four members of the Governing Council.
(2) The functions, procedure and other matters relating to the selection board constituted under subsection (1) of this section shall be as the Governing Council may, from time to time, determine.

89. Resignation
Any officer mentioned in the foregoing provisions of this section may resign his office—
(i) in the case of the Director General, by notice to the Governing Council through the Chairman of Governing Council who shall notify the Attorney General of the Federation; and
(ii) in any other case by notice to the Governing Council.

90. Functions of the Chairperson of the Governing Council
The Chairperson shall, in relation to the Law School, take precedence and preside over all the meetings of the Governing Council.

91. Functions of the Governing Council and its Finance and General Purposes Committee
(1) The Governing Council shall be the governing body of the Law School and shall be charged with the general control and superintendence of the policy, finances and property of the Law School, including its public relations.
(2) There shall be a committee of the Governing Council, to be known as the Finance and General Purposes Committee, which shall, subject to the directions of the Governing Council, exercise control over the property and expenditure of the Law School and perform such other functions of the Governing Council as it may from time to time delegate to it.
(3) The Governing Council shall ensure that proper accounts of the Law School are kept and that the accounts of the Law School are audited annually by auditors appointed by the Governing Council from the list and in accordance with guidelines supplied by the Auditor-General of the Federation and that an annual report is published by the Law School together with certified copies of such accounts as audited.
(4) Subject to this Bill, the Governing Council and the Finance and General Purposes Committee may each make rules for the purpose of exercising any of their respective functions or of regulating their own procedure.
(5) Rules made under subsection (4) of this section by the Finance and General Purposes Committee shall not come into force unless approved by the Governing Council; and in so far as and to the extent that any rules so made by that committee conflict with any directions given by the Governing Council (whether before or after the coming into force of the rules in question), the direction of the Governing Council shall prevail.
(6) There shall be paid to the members respectively of the Governing Council, and of the Finance and General Purposes Committee and of any other committee set up by the Governing Council allowances in respect of travelling and other reasonable expenses, at such rates as may from time to time be fixed by the Governing Council.
(7) The Governing Council shall meet as and when necessary for the performance of its functions under this Bill, and shall meet at least Four (4) times in every year.
(8) If requested in writing by any five members of the Governing Council, the Chairperson shall within twenty-eight days after the receipt of such request call a meeting of the Governing Council. The request shall specify the business to be considered at the meeting and no business not so specified shall be transacted at that meeting.

92. Functions of the Director General
(1) The Director General is the Chief Executive and also the chief academic officer of the law school
(2) Subject to sections 80 and 84 of this Bill, the Director General shall have the general function, in addition to any other functions conferred on him by this Bill or otherwise, of directing the activities of the Law School, and shall to the exclusion of any other person or authority be the Chief Executive and Academic Officer of the Law School.

Transfer of property, etc., to the Law School
93. Transfer of property
(1) All property held before the coming into effect of this Bill by the Nigerian Law School shall, by virtue of this subsection and without further assurance, vest in the Nigerian Law School and be held by it for the purposes of the Law School.

94. Removal of certain members of the Governing Council
(1) If it appears to the Governing Council that a member of the Council (other than the Chairperson and the Director General) should be removed from office on the ground of misconduct or inability to perform the functions of his office or employment, the Governing Council shall make a recommendation to that effect to the Appointment Panel if the Panel, after making such enquiries (if any) as may be considered appropriate, approves the recommendation, may direct the removal of the person in question from office.
(2) It shall be the duty of the Appointment Panel to use their best endeavours to cause a copy of the instrument embodying a direction under subsection (1) of this section to be served as soon as reasonably practicable on the person to whom it relates.

95. Removal and discipline of academic, administrative and professional staff
(1) If it appears to the Governing Council that there are reasons for believing that any person employed as a member of the academic, administrative or professional staff of the Law School, other than the Director General, should be removed from his office or employment on the ground of misconduct or inability to perform the functions of his office or employment, the Governing Council shall—
(a) give notice of those reasons to the person in question;
(b) afford him an opportunity of making representation in person on the matter to the Governing Council; and
(c) if he or any three members of the Council so request within the period of one month beginning with the date of the notice, make arrangements—
(i) for a committee of the Governing Council to investigate the matter and report to the Governing Council; and
(ii) for the person in question to be afforded an opportunity of appearing before and being heard by the Investigating Committee with respect to the matter.
(iii) if the Governing Council, after considering the report of the Investigating Committee, is satisfied that the person in question should be removed as aforesaid, the Governing Council may so remove him by an instrument in writing signed on the directions of the Governing Council.

(2) The Director General may, in a case of misconduct by a member of the staff which in the opinion of the Director General is prejudicial to the interests of the Law School, suspend such member and any such suspension shall forthwith be reported to the Governing Council.
(3) For good cause, any member of staff may be suspended from his duties or his appointment may be terminated by the Governing Council; and for the purposes of this subsection “good cause” means—
(a) conviction for any offence which the Governing Council considers to be such as to render the person concerned unfit for the discharge of the functions of his office; or
(b) any physical or mental incapacity which the Governing Council, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office; or
(c) conduct of a scandalous or other disgraceful nature which the Governing Council considers to be such as to render the person concerned unfit to continue to hold his office; or
(d) conduct which the Governing Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service.

(4) Any person suspended pursuant to subsection (2) or (3) of this section shall be on half pay and the Governing Council shall before the expiration of a period of three months from the date of such suspension consider the case against that person and come to a decision as to—
(a) whether to continue such person’s suspension and if so, on what terms (including the proportion of his emoluments to be paid to him);
(b) whether to reinstate such person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension;
(c) whether to terminate the appointment of the person concerned, in which case such a person will not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) whether to take such lesser disciplinary action against such person (including the restoration of such proportion of his emoluments that might have been withheld) as the Council may determine,

and in any case where the Governing Council, pursuant to this section, decides to continue a person’s suspension or decides to take further disciplinary action against a person, the Governing Council shall before the expiration of a period of three months from such decision come to a final determination in respect of the case concerning any such person.
(5) It shall be the duty of the person by whom an instrument of removal is signed in pursuance of subsection (1) above to use his best endeavours to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.
(6) Nothing in the foregoing provisions of this section shall prevent the Council from making regulations for the discipline of other categories of staff and workers of the Law School as may be prescribed.

96. Discipline of students
(1) Where it appears to the Director - General that any student at the Nigerian Law School has been guilty of misconduct, the Director-General may, without prejudice to any other disciplinary powers conferred on him by regulations, direct that-
(a) the student shall not, during such period as may be specified in the direction, participate in such activities of the Nigerian Law School, or make use of such facilities of the Nigerian Law School, as may be so specified;
(b) the activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be so specified;
(c) the student be rusticated for such period as may be specified in the direction;
(d) the student be expelled from the Nigerian Law School.
(2) Where a direction is given under paragraph (c) or (d) of subsection 1 above in respect of any student, the student may, within the prescribed period and in the prescribed manner, appeal from the direction to the Governing Council; and where such an appeal is brought the Governing Council shall, after causing such inquiry to be made in the matter as the Governing Council considers just, either confirm or set aside the direction or modify it in such manner as the Governing Council thinks fit.
(3) The fact that an appeal from a direction is brought in shall not affect the operation of the direction while the appeal is pending.
(4) Breach of the Code of Conducts for the students of the Nigerian Law School shall be treated as misconduct for the purposes of this section.
(5) Nothing in this section shall be construed as preventing the restriction or termination of a student's activities at the Nigerian Law School otherwise than on the ground of misconduct.

97. Retiring age of academic and Non-academic staff of the Law School
ACADEMIC STAFF
(1) Notwithstanding anything to the contrary in the Pension’s Act the compulsory retiring age for an academic staff shall be sixty-five (65) years.
(2) Notwithstanding anything to the contrary in the Pensions Act, the compulsory retiring age of an academic staff who has attained the rank of a Director (Academics) shall be 70 years.
(3) A law or rule requiring a person to retire from the public service after serving for 35 years, shall not apply to academic staff of the Nigerian Law School.

NON-ACADEMIC STAFF
(4) Notwithstanding anything to the contrary in the Pension’s Act, the compulsory retirement age of Non-Academic staff shall be sixty-five (65) years.

98. Miscellaneous administrative provisions
(1) The seal of the Law School shall be such as may be determined by the Governing Council and approved by the Chancellor; and the affixing of the seal shall be authenticated by any member of the Governing Council and by the Director General, registrar or any other person authorized by statute.
(2) Any document purporting to be a document executed under the seal of the Law School shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
(3) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Law School by any person generally or specially authorized to do so by the Governing Council.
(4) The validity of any proceedings of anybody established in pursuance of this Bill shall not be affected by any vacancy in the membership of the body, or by any defect in the appointment of a member of the body or by reason that any person not entitled to do so took part in the proceedings.
(5) Any member of any such body who has a personal interest in any matter proposed to be considered by that body shall forthwith disclose his interest to the body and shall not vote on any question relating to that matter.
(6) Nothing in section 12 of the Interpretation Act (which provides for the application, in relation to subordinate legislation, of certain incidental provisions) shall apply to statutes or regulations made in pursuance of this Bill but the power conferred by this Bill to make statutes or regulations shall include the power to revoke or vary any statute or any regulation by a subsequent statute or, as the case may be, by a subsequent regulation, and statute and regulations may make different provision in relation to different circumstances.
(7) Any notice or other instrument authorized to be served by virtue of this Bill may, without prejudice to any other mode of service, be served by post.

GENERAL
99. Offences
(1) Subject to the provisions of this section, if any person other than a legal practitioner –
(a) practices, or holds himself out to practice, as a legal practitioner; or
(b) takes or uses the title of legal practitioner; or
(c) willfully takes or uses any name, title, addition or description falsely implying, or otherwise pretends, that he is a legal practitioner or is qualified or recognized by law to act as a legal practitioner; or
(d) prepares 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.
he is guilty of an offence and liable, in the case of an offence under paragraph (a) of this subsection or a second or subsequent offence under paragraph (d) of this subsection, to a fine of an amount not exceeding N500, 000 or imprisonment for a term not exceeding two years or both such fine and imprisonment, and in any other case to a fine of an amount not exceeding N250,000.
(2) In subsection (1) of this section “instrument”, in relation to immovable property, means any document which confers, transfers, charges of extinguishes any interest in the property or which purports so to do, and “immovable property” includes unextracted minerals.
(3) Nothing in subsection (1) of this section shall prevent a person from being dealt with for contempt of court, but no proceedings for an offence under this section shall be brought or continued against a person in respect of any act if he has been dealt with for contempt of court in respect of that act.
(4) Nothing in paragraph (d) of subsection (1) of this section shall be construed as making it an offence for any person to prepare an instrument –
(a) in the course of his activities as a pupil of a legal practitioner or of his employment as a clerk or servant of a legal practitioner.
(b) relating only to property in which he has or claims an interest (including an interest as a personal representatives or as a person entitled to any party of the estate of a deceased person.);
(c) relating only to proceedings to which he is a party, or prepared with a view to proceedings to which he may be a party;
(d) for the purpose only of recording information or expert opinion intended for use in, or with a view to, any proceedings;
(e) which is, or is intended to be, a will or other testamentary instrument; or
(f) of such a class or description as the Legal Profession Regulation Council of Nigeria may by order determine.

(5) Where an offence under this Bill which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(6) No proceedings for an offence under this section shall be begun after the expiration of the period of three years beginning with the date of the offence.

(7) It is hereby declared that any agreement to transfer, either directly or indirectly, any money or think in consideration of any act which constitutes an offence under this section is void; and any money or thing so transferred, or the value of the thing, shall be recoverable by the transferor from the transferee or from any other person by whom the offence was committed, whether or not any proceedings have been brought in respect of the offence or the time for bringing such proceedings has expired.

PART VIII – REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

100. Repeal
(1) The Legal Practitioners Act Cap L11 LFN 2004 and all amendments thereto; and the Legal Education (Consolidation etc.) Act Cap. L10 LFN 2004 are hereby repealed.

101. Savings and transitional provision

(1) An institution that was before the date of commencement of this Bill, lawfully providing legal training for which a licence is required under this Bill shall be deemed to hold the same status under this Bill.

(2) Notwithstanding the repeal of the Legal Practitioners Act and the Legal Education (Consolidation, etc.) Act —
(a) the repeal shall not affect any instrument made or any other thing done under the former Acts and every such instrument or thing shall continue in force and shall, so far as it would have been made or done under the repealed Acts, have effect as if made or done under the corresponding provision of this Bill;
(b) the repeal shall not adversely affect the terms and conditions on and subject to which any person held office or served immediately before the commencement of this Bill.

(3) Upon the coming into operation of this Bill—
(a) every agreement and every deed, bond or other instrument to which the former Council of Legal Education was a party or which affected the former Council of Legal Education, and whether or not of such a nature that the rights, liabilities and obligations thereunder could be assigned, shall have effect as if the Council of Legal Education were a party thereto or affected thereby instead of the former Council of Legal Education, and every reference therein to the former Council of Legal Education substituted in respect of anything to be done on or after such date of coming into operation to refer to the Council of Legal Education;

(b) any proceedings pending immediately before such date of coming into operation to which the former Council of Legal Education was a party shall be continued as if the Council of Legal Education was a party thereto in lieu of the former Council of Legal Education;

(c) all officers of the former Council of Legal Education shall become the corresponding officers of the Council of Legal Education and, subject to the provisions of any rules made under this Bill, shall continue in office for the period for which they were appointed or elected as officers of the former Council of Legal Education.
(4) Upon the commencement of this Bill, the roll of Legal Practitioners kept at the Supreme Court of Nigeria shall be transferred to the Secretariat of the Legal Profession Regulation Council of Nigeria.

PART IX – INTERPRETATION AND CITATION

102. Interpretation
In this Bill, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say –
“Association” means the Nigerian Bar Association;
“Attorney-General” means the Attorney-General of the Federation.
“Council” in Parts II and III means the Legal Profession Regulation Council of Nigeria.
“Council” in Part IV means the Council of Legal Education
“Benchers” means the Body of Benchers established under this Bill.
“Executive Secretary” means the person for the time being holding the office as Executive Secretary of the Council of Legal Education;
“President of the Association” means the person for the time being holding office as President of the Nigerian Bar Association in accordance with the Constitution of the Nigerian Bar Association.
“Chief Justice” means the Chief Justice of Nigeria.
“Laws of the Federal Republic of Nigeria” means the laws of the Federal Republic of Nigeria in force as at the date of the commencement of this Bill;
“legal practitioner” means person entitled in accordance with the provisions of this Bill to practice as a barrister or as a barrister and solicitor, either generally or for the purposes of any particular office or proceedings.
“qualifying certificate” means certificate issued by the Council of Legal Education
“the Registrar of the Rolls” means the Registrar in charge of keeping the Rolls.
“the roll” means the list of legal practitioners called to the Bar as barristers and solicitors of the Supreme Court of Nigeria and persons entitled to practice and kept by the Registrar of the Rolls.
“warrant” means a warrant issued by the Legal Profession Regulation Council of Nigeria.
“young lawyer” means a legal practitioner with not less than seven years post call experience or a legal practitioner not more than 35 years of age.
“lay person” means person who is not a legal practitioner and not a member of the legal profession.
“Fund” means the Fund established under this Bill;
“Legal Education Provider” means a post-secondary school institution that is licensed or accredited to offer legal education or training for the award of a certificate, diploma or degree including those licensed by the National Universities Commission; Legal education providers include any institution licensed and accredited by the Council of Legal Education established under this Bill.
“President” means the President of the Federal Republic of Nigeria.
“Regulated Person” means a legal practitioner, a person seeking to become a legal practitioner or a person seeking to become a person to whom a legal practitioner can delegate some duties and or a person to whom a legal practitioner can delegate some duties.
“campus” means any campus which may be established by the Nigeria Law School;
“approved university” means university in Nigeria duly accredited by the National Universities Commission and the Council of Legal Education and whose law degree is acceptable for admission to the Nigerian Law School
“Other Universities” means university law programmes of other countries as may be approved under the Council of Legal Education accreditation process
“Attorney General” means the Attorney General of the Federation and Minister of Justice or Attorney General of a state as the case may be
“notice” means notice in writing
“prescribed” means prescribed by statute or regulations
“property” includes rights, liabilities and obligations
“qualified law graduate” means graduates from approved Nigerian universities and eligible graduates of other universities from common law countries or as may be approved by the Council of Legal Education.

103. Short Title
This Bill may be cited as the Legal Profession Regulation Bill.

SCHEDULE
FIRST SCHEDULE
(Section 29(3))
Table of Precedence
1. The Attorney-General of the Federation.

2. The Attorney-General of a State but only in the High Court of that State or in any court or tribunal established by or under a law enacted by the House of Assembly of that State.

3. Senior Advocates of Nigeria in order of seniority.

4. Members of the Body of Benchers.

5. Persons authorized to practice as legal practitioners under this Bill.

6. Persons whose names are on the roll in order of seniority of enrolment.

7. Persons authorized to Practice by warrant issued by the Legal Profession Regulation Council of Nigeria.

SECOND SCHEDULE
(Section 14)
Supplementary provisions as to the Professional Conduct Committee
The Professional Conduct Committee
1. The quorum of the Professional Conduct Committee shall be a constituted 5-man panel.

2. (1) The Legal Profession Regulation Council of Nigeria shall make rules for the purposes of any proceedings and as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Professional Conduct Committee.
(2) The rules shall in particular provide –
(a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person against whom the proceedings are brought;
(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;
(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Professional Conduct Committee.
(d) for enabling any party to the proceedings to be represented by a legal Practitioner;
(e ) for costs of proceedings before the Professional Conduct Committee.
(f ) for requiring, in case where it is alleged that the person against whom the proceedings are brought is guilty of infamous conduct in any professional respect, that where the Disciplinary Committee adjudges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates;
(g) for publishing in the Federal Gazette notice or any National newspapers with nationwide circulation of any direction of the Professional Conduct Committee which has taken effect providing that a person’s name shall be struck off the roll or that a person shall be suspended from Practice.
3. The Secretariat of the Legal Profession Regulation Council of Nigeria shall provide secretariat services and assistance or otherwise, as the Professional Conduct Committee may reasonably require for the purpose of its functions.

Miscellaneous
4. Subject to the provisions of this Bill a person appointed to be a member of the Professional Conduct Committee shall, unless he previously resigns, hold office for a single term of three years, as may be specified in his instrument of appointment.

5. The Professional Conduct Committee may act notwithstanding any vacancy in its membership and no proceedings of the Professional Conduct Committee shall be invalidated by any irregularity in the appointment of a member thereof or by reason of the fact that any person who was not entitled to do so took part in the proceedings.
6. The Professional Conduct Committee may sit in two or more divisions.
7. Any document authorized or required by this Bill to be served on the Professional Conduct Committee shall be served on the Secretariat of the Legal Profession Regulation Council of Nigeria.

THIRD SCHEDULE
(section 19)
Duties and Responsibilities of the Governance, Risk and Audit Committee
The duties and responsibilities of the Governance, Risk and Audit Committee are as follows:

A. Financial Reporting

1. Any duties or responsibilities set out under this Bill or by the Council;
2. Review and oversee the integrity of the Council’s financial statements, compliance with legal and other regulatory requirements, assessment of qualifications and independence of external auditor; and performance of the Council’s internal audit function as well as that of external auditors;
3. Make recommendations to the Council for approval with respect to the annual audited financial statements, half yearly and quarterly unaudited statements of the Council and, in each case, review:
(i) the appropriateness of the Council’s significant accounting principles and practices, including acceptable alternatives, and the appropriateness of any significant changes in applicable accounting standards, principles and practices;
(ii) the existence and substance of significant accruals, estimates, or accounting judgments, and the level of conservatism;
(iii) unusual or extraordinary items, transactions with related parties, and adequacy of disclosures;
(iv) asset and liability carrying values;
(v) income tax status and related reserves;
(vi) qualifications contained in letters of representation;
(vii) assurances of compliance with covenants in trust deeds or loan agreements;
(viii) business risks, uncertainties, commitments, and contingent liabilities; and
(ix) the adequacy of explanations for significant financial variances between years;
4. Review all un-audited and annual audited financial statements and accounting reports to the Council, Auditor-General and the Association, Council Secretariat discussion and analysis, related annual and interim earnings releases, earnings guidance disclosure or any other disclosure based on the Council's financial statements prior to the release of those statements to the Association;
5. Review and challenge where necessary:
(i) the consistency of, and any changes to, accounting policies both on a year on year basis of the Council;
(ii) the methods used to account for significant or unusual transactions where different approaches are possible;
(iii) whether the Council has followed appropriate accounting standards and made appropriate estimates and judgements, taking into account the views of the external auditor;
(iv) the scope of the external and internal audit policies and work;
(v) the clarity of disclosure in the Council’s financial reports and the context in which statements are made; and
(vi) all material information presented with the financial statements, such as the business review/operating and financial review and the governance statement (insofar as it relates to the audit and risk Council Secretariat); and
6. Discuss the annual audited financial statements and half yearly and quarterly unaudited statements with Council Secretariat and the Council’s external auditors.
7. The authority to retain such independent accountants, lawyers, consultants or other advisors as it deems appropriate to assist and advise the Committee in connection with its responsibilities or any investigations.

B. External Audit

In respect of external audit, the Committee shall:
1 Consider and make recommendations to the Council, for approval of the appointment, re-appointment and removal of the Council’s external auditor. The Committee shall oversee the selection process for a new auditor, and if an auditor resigns, the Committee shall investigate the issues leading to this and decide whether any action is required;
2 Ensure that external audit firms are independent and retained for no longer than ten (10) years continuously and that such audit firm does not provide non-audit services including tax advice. External audit firms disengaged after continuous service to Council of ten (10) years may be reappointed after another seven (7) years of their disengagement. The supervising partner of an external audit firm must be changed every five (5) years;
3 Oversee the external audit process, including (but not limited to):
(i) assessing the independence of external auditing firm and ensure that where services are provided, there is no conflict of interest;
(ii) agreeing with the Council on a policy on relationships with the Council’s auditor that may compromise the independent of the auditor, including without limitation the employment of employees, former employees, close family members and business associates of the Council’s auditor and compliance by the auditor of the Council’s Conflict of Interest Policy;
(iii) reviewing of the external audit plan comprising a fee estimate, objectives, scope, materiality, timing, locations to be visited, areas of audit risk, and co-ordination with Internal Audit;
(iv) reviewing of audit reports and reviews and findings, including corresponding Council Secretariat responses;
(v) recommendations on their remuneration, whether fees for audit or non-audit services and that the level of fees is appropriate to enable an adequate audit to be conducted;
(vi) establishing, from time to time, pre-approval arrangements for specific categories of permitted audit related services;
(vii) assessing annually the qualifications, expertise and resources of the auditor and the effectiveness of the audit process, which shall include communication from the external auditors on their own internal quality procedures; and
(viii) seeking to ensure coordination with the activities of the internal audit and internal controls function.
4 Meet regularly with the external auditor, including once at the planning stage before the audit and once after the audit at the reporting stage. The Committee shall meet the external auditor at least once a year, without Council Secretariat being present, to discuss their remit and any issues arising from the audit.

C. Internal Audit and Internal Control System

With regards to internal audit and control, the Governance, Risk and Audit Committee shall:
1. Ensure that Council Secretariat establishes an internal audit function and ensure there are other means of obtaining sufficient assurance of regular review or appraisal of the system of internal controls within the Council;
2. Ensure the development of a comprehensive internal control framework for the Council; obtain assurance and report annually in the financial report, on the operating effectiveness of the Council’s internal control framework;
3. At least on an annual basis, obtain and review a report by the internal auditor describing the strength and quality of internal controls including any issues or recommendations for improvement, raised by the most recent internal control review of the Council;
4. Approve the appointment and removal of the head of the internal audit function and ensuring that the internal audit function has adequate resources and appropriate access to information to enable it to perform its function effectively and in accordance with the relevant professional standards. The Committee shall also ensure the function has adequate standing and is free from Council Secretariat or other restrictions;
5. Review reports addressed to the Committee from the internal auditor and monitor responsiveness to the findings and recommendations of the internal auditor;
6. Review and ensure that adequate whistle-blowing procedures are in place;
7. Meet the head of internal audit at least once a year, without Council Secretariat being present, to discuss their remit and any issues arising from the internal audits carried out, the adequacy and effectiveness of Council Secretariat governance, the risk and control environment and any deficiencies observed. In addition, the head of internal audit shall be given the right of direct access to the chairman of the Council and to the Committee;

8. Ensure that Council Secretariat establishes financial procedures for:
(i) the receipt, retention and treatment of complaints received by the Council regarding accounting, internal accounting controls, or auditing matters; and
(ii) the confidential, anonymous submission by employees of the Council of concerns regarding questionable accounting or auditing matters by ensuring that the Council has adequate whistle-blowing procedures.
9. Monitor and review the effectiveness of the Council’s internal audit and internal controls function in the context of the Council’s overall risk Council Secretariat system;
10. Review and assess the annual internal audit plan; and
11. Have direct channels of communication with the internal and external auditors if need be.

D. Transactions involving Related Parties and Interested Persons

With regard to transactions involving related parties and interested persons, the Committee shall:
1. review the Council’s related party transactions and interest person transactions to ensure compliance with applicable regulations and best practices;

E. Reporting Responsibilities

1. The Committee Chairman shall report formally to the Council on the proceedings of each Committee meeting at the next following Council meeting.
2. The Committee shall, when necessary, make recommendations to the Council on all matters within its duties and responsibilities.
3. The Committee shall produce a report on its activities to be included in the Council’s annual report.
4. The Committee shall, when necessary, make recommendations arising from review of Council’s financial statements presented at the Annual Conference of the Association and to the Auditor General.

F. Conflict of Interest and Risk Oversight
1. Any potential and ongoing conflict of interest shall be promptly disclosed and submitted for approval in accordance with the Council’s conflict of interest policy.
2. The Committee shall review and approve Council Secretariat’s identification of principal financial risks and monitor the process to manage such risks.
3. The Committee shall review and evaluate the Council’s risk management framework and related processes including supporting guidelines and practice documents.
4. Committee members shall disclose any conflict of interest in the performance of their duties and responsibilities, and shall not profit as a result of the information held by virtue of their position as members of the Committee.

G. Other Obligations and Responsibilities

1. All Committee members shall adhere to the Council’s policies (as adopted and updated by the Council from time to time) or any applicable laws or regulations (including, without limitation, applicable insider dealing laws). It is the responsibility of each Committee member to familiarize themselves with these policies and all applicable laws and regulations.
2. While the Committee has the responsibilities and function set forth in this Bill, it serves in an oversight capacity and, as such, it is not the duty of the Committee to plan or conduct audits, administer legal matters or to prepare the Council’s financial statements and disclosures. These are the responsibilities of the Council and the Council Secretariat and the independent auditors. Accordingly, the Committee’s role does not provide any special assurance regarding matters that are outside the Committee’s area of expertise or that are the responsibility of the Council or Council Secretariat.
3. The Committee shall perform other functions as follows:
(i) Conduct or authorize investigations into any matter within this Bill.
(ii) Perform such other functions as required by law or assigned to it by the Council.
(iii) Review and reassess the adequacy of its responsibilities under this Act annually and recommend any proposed changes to the Council for approval.

CHAPTER L11
LEGAL PROFESSION REGULATION BILL
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
1. Professional Conduct Committee Rules.

2. Legal Practitioners (Remuneration for Legal Documentation and other Land Matters) Order.

3. Entitlement to Practice as Barristers and Solicitors (Federal Officers) Order.

4. Entitlement to Practice as Barristers and Solicitors (National Assembly Office) (Legal Practitioners)

5. Entitlement to Practice as Barristers and Solicitors (Federal Housing Authority) (Legal Practitioners)

6. Entitlement to Practice as Barristers and Solicitors (Federal Road Safety Commission) (Legal Officers) Order.

7. Legal Practitioners (Bar Practicing Fees) Notice.

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PROFESSIONAL CONDUCT COMMITTEE RULES
ARRANGEMENT OF RULES
RULE
1. Short title.
2. Interpretation.
3. Submission of complaint.
4. Reference of case to tribunal by panel.
5. Parties to proceedings.
6. Appointment of legal practitioner to present case.
7. (1) Fixing of hearing day and service of notice thereof by the secretary.
(2) Notice of hearing.
(3) Form of notice.
8. Hearing in absence of parties.
9. Re-hearing of case heard in absence of parties.
10. Hearing of witnesses and reception of document.
11. Members of Professional Conduct Committee not to represent legal practitioner.
12. Penalty for giving false evidence.
13. Holding of proceedings in private and pronouncement of findings in public.
14. Adjournment of hearing.
15. Findings of Professional Conduct Committee if legal practitioner is found not guilty.
16. Findings and direction of Professional Conduct Committee if legal practitioner is found guilty.
17. Findings, etc., in cases not amounting to infamous conduct.
18. Costs.
19. Publication of findings and direction of Professional Conduct Committee.
20. Record of proceedings.
21. Dispensing with provisions of rules.
22. Extension of time.
23. Exhibits and books to be kept by secretary.
SCHEDULE
PROFESSIONAL CONDUCT COMMITTEE RULES
(1st December, 2017) Commencement
1. Short title
These Rules may be cited as the Professional Conduct Committee Rules.

2. Interpretation

In these Rules –

“Chief Justice” means the Chief Justice of Nigeria;

“Complainant” means –

(a) where an allegation has been referred to the Nigerian Bar Association for investigation at the instance of a private person, that person; and
(b) in any other case the Attorney – General of the Federation;
“secretary” means the Chief Executive Officer or his alternate to the Legal Profession Regulation Council of Nigeria.

3. Submission of complaint
(1) A complaint by any person against a legal practitioner shall be forwarded in writing by the complainant or the person aggrieved to the Legal Profession Regulation Council of Nigeria
(2) A complaint received by the Legal Profession Regulation Council of Nigeria shall be forwarded to the Professional Conduct Committee which shall cause the complaint to be investigated.

4. Reference of case to 5-man panel
In any case where the Professional Conduct Committee is of the opinion that a prima facie case is shown against a legal practitioner, the Nigerian Bar Association shall forward a report of such a case to the 5-man panel constituted to hear and determine the case, together with all the documents considered by the Nigerian Bar Association and a copy of the charges on which a prima facie case is made in the opinion of the Nigerian Bar Association against the legal practitioner.
5. Parties to proceedings
(1) In addition to the person against whom proceedings are brought, the complainant shall also be a party to the proceedings as well as anybody else considered by the Professional Conduct Committee to have an interest in the proceedings.
(2) Every party to the proceedings shall be entitled to be heard by the Professional Conduct Committee either personally or through counsel of his choice.
6. Appointment of legal practitioner to present case
The Nigeria Bar Association may appoint a legal practitioner to present the case before the Professional Conduct Committee.
7. Fixing of hearing day and service of notice thereof by the secretary
(1) On the direction of the chairman of the Professional Conduct Committee the secretary shall fix a day for the hearing of the case and shall serve notice thereof on each party to the proceedings.
Notice of hearing
(2) The notice of hearing may be served either personally or by registered post address to the residence of each party to the proceedings, or in the case of the legal practitioner against whom charges have been brought, by registered post addressed to his principal place of business or to the address given by him when he last paid a practicing fee.
Form of notice
(3) The notice shall be in the form set out in the Schedule hereto and there shall be at least thirty days between the service of any such notice and the day fixed therein for the hearing.

8. Hearing in absence of parties
If any party fails to appear at the hearing, the Professional Conduct Committee may, upon proof of service on such party of the notice of hearing, proceed to hear and determine the case in his absence.

9. Re-hearing of case heard in absence of parties

Any party who has failed to appear at the hearing may within one calendar month from the pronouncement of the findings and direction of the Professional Conduct Committee and upon giving notice to every party and to the secretary, apply to the Professional Conduct Committee for re-hearing and the Professional Conduct Committee, if satisfied that it is just that the case should be re-heard, may grant the application upon such terms as to costs or otherwise as it deems fit.

10. Hearing of witnesses and reception of document
(1) The 5-man Panel may in the course of its proceedings hear such witnesses and receive such documentary evidence as in its opinion may assist it in coming to a conclusion as to the truth or otherwise of the allegations of misconduct referred to it by the Professional Conduct Committee.

(2) In all proceedings before the Professional Conduct Committee, the provisions of the Evidence Act shall apply, as they do in civil proceedings.

11. Members of Professional Conduct Committee not to represent legal practitioner

No member of the Professional Conduct Committee (who is not sitting in the division), may represent a legal practitioner against whom proceedings have been brought.

12. Penalty for giving false evidence

If any person willfully gives false evidence on oath before the Professional Conduct Committee during the course of any proceedings, or willfully makes a false statement in any affidavit sworn for the purposes of any such proceedings, the Professional Conduct Committee shall refer the matter to the appropriate Director of Public Prosecutions for necessary action.

13. Holding of proceedings in private and pronouncement of findings in public

The proceedings of the Professional Conduct Committee shall be held in private, but its findings and directions shall be pronounced in public.

14. Adjournment of hearing
The Professional Conduct Committee may, of its own motion, or upon the application of any party, adjourn the hearing upon such terms as to costs, or otherwise, as the Professional Conduct Committee shall think fit.

15. Findings of Professional Conduct Committee if complaint against legal practitioner is found not proven

If, after the hearing, the Professional Conduct Committee adjudges that the allegations of infamous conduct in a professional respect have not been proved, the Professional Conduct Committee shall record a finding that the complaint against the legal practitioner is not proven in respect of the matters to which the allegation relates.

16. Findings and direction of Professional Conduct Committee if complaint against the legal practitioner is proved

If, after the hearing, the Professional Conduct Committee finds that the allegation of infamous conduct in a professional respect, has been proved, the Professional Conduct Committee may, if it thinks fit, give a direction –
(a) ordering the Registrar to strike the legal practitioner’s name off the roll; or

(b) suspending that legal practitioner from practice by ordering him not to engage in practice as a legal practitioner for such period as may be specified in the direction; or

(c) admonishing the legal practitioner.

17. Findings, etc, in cases not amounting to infamous conduct

The Professional Conduct Committee may, if it finds proved misconduct not amounting to infamous conduct in a professional capacity, make such order as the circumstances may require, not inconsistent with the provisions of the Bill.

18. Costs

The Professional Conduct Committee may without finding any misconduct proved against a legal practitioner, nevertheless order any party to pay the costs of the proceedings if, having regard to his conduct and to all the circumstances of the case, the Professional Conduct Committee shall think fit so to order.

19. Publication of findings and direction of Professional Conduct Committee
Subject to the provisions of this rule (which relates to the lodging of appeal against the direction of the Professional Conduct Committee), any direction given by the Professional Conduct Committee in accordance with paragraphs (a) and (b) of rule 16 hereof, shall be published in the Federal Gazette or National newspapers with nationwide circulation as soon as such direction takes effect.

20. Record of proceedings
(1) Notes of the proceedings shall be taken in writing by any designated member of the Professional Conduct Committee and any party who appeared at the proceeding shall be entitled to be supplied with a copy of the record of the proceedings on the payment of such fees as may be prescribed by the Legal Profession Regulation Council of Nigeria.
(2) The secretary shall supply to any person entitled to be heard upon an appeal against the direction of the Professional Conduct Committee, and to the Legal Profession Regulation Council of Nigeria, and to any other person, a copy of the transcript of such notes on payment of such charges as may be determined by the Legal Profession Regulation Council of Nigeria.

21. Dispensing with provisions of rules

The Professional Conduct Committee may dispense with any requirement of these rules respecting notices, affidavits, documents, service, or time, in any case where it appears to the Professional Conduct Committee to be just so to do.

22. Extension of time

The Professional Conduct Committee may in any give case extend the time for doing anything under these Rules.

23. Exhibits and books to be kept by secretary

The Professional Conduct Committee may order that any books, papers, or other exhibits produced or used at a hearing, shall be retained by the secretary until such time within which an appeal may be entered has expired; and, if notice of appeal is given, until the appeal is heard or otherwise disposed of.

Form 1
Notice of hearing by the Professional Conduct Committee
In the matter of A.B., ..........................a legal practitioner
and
In the matter of the Legal Profession Regulation Bill.
TAKE NOTICE that the report of the Nigerian Bar Association in the above matter is fixed for hearing by the Committee at .........................on the .................day of.............20........ . at ...........................................0’clock in the forenoon................................................ .
A copy of the report and other related documents are attached hereto.
DATED the ..........day of ..................................20............ .

...............................................................
Secretary to the Professional Conduct Committee

LEGAL PRACTITIONERS (REMUNERATION FOR LEGAL DOCUMENTATION AND OTHER LAND MATTERS) ORDER
ARRANGEMENT OF ORDER
ORDER
1. Regulation of remuneration in legal documentation and other land matters.
2. Exclusion of certain expenses, etc.
3. Drafts, etc., to be client’s property.
4. Business requiring special exertion.
5. Legal practitioner may give notice on election to charge under Scale III.
6. Security against remuneration interest on disbursements, etc.
7. Fees chargeable to be as specified in Scales.
8. Rules for the operation of fees specified in the Scales.
9. Interpretation
10. Citation and revocation.

LEGAL PRACTITIONERS (REMUNERATION FOR LEGAL DOCUMENTATION AND OTHER LAND MATTERS) ORDER
(1st December, 2017) (Commencement)
1. Regulation of remuneration in legal documentation and other land matters

The remuneration of a legal practitioner in respect of business connected with any sale, purchase, lease, mortgage and other matter of legal documentation and in respect of other business not otherwise regulated and not being business in any action or transaction in any court, shall be regulated as follows –

(a) in respect of a sale, purchase or mortgage that is completed, the remuneration of the legal practitioner having the conduct of the business shall be as prescribed in Scale 1 set out in the Schedule to this Order;
(b) in respect of a lease and agreement for lease, in which the transactions have been completed, the remuneration of the legal practitioner having the conduct of the business shall be as prescribed in Scale II set out in the Schedule to this Order;

(c) in respect of all other legal documentation not provided for in paragraphs (a) and (b) of this section, the remuneration of the legal practitioner having the conduct of the business shall be as prescribed in Scale III set out in the Schedule to this Order.

2. Exclusion of certain expenses, etc.

(1) The remuneration prescribed in Scales I and II set out in the Schedule to this Order shall not include –

(a) stamps, auctioneer’s or valour’s charges, travelling expenses, fees paid on searches, fees paid on registrations, costs of extracts from any register or other disbursements reasonably and properly paid;

(b) any extra work occasioned by changes occurring in the course of any business such as the death, insolvency or winding up of a party to the transaction;
(c) any business of a contentious nature or any proceeding in any court;
(d) any application for first registration under any enactment relating to registration of any title to land or any other interest in land necessitated by a transaction for which a scale fee is payable to the legal practitioner;

(e) any application for consent required under the Land Use Act but shall include any engrossing charge and allowance for the time of the legal practitioner and his clerks and copying and parchment and all other similar disbursements.

(2) For the purpose of this section –

“fees paid on searches” means –
(a) charges levied by any registry for permitting searches to be made;
(b) charges (if any) levied by any registry for providing an official search; and
(c) fees paid to a legal practitioner for making a search at a registry outside the district in which the legal practitioner having the conduct of the business carries on his practice.

3. Drafts, etc., to be client’s property

Drafts and copies made in the course of business for which remuneration is provided for by this Order, shall be the property of the client.

4. Business requiring special exertion

A legal practitioner may be allowed, in respect of any business which is required to be and is by special exertion carried through in an exceptionally short length of time, a proper remuneration for the special exertion in accordance with the circumstances.

5. Legal practitioner may give notice on election to charge under Scale III

In all cases to which the remuneration prescribed in Scales I and II set out in the Schedule to this Order would, but for this section, be chargeable, a legal practitioner may, before undertaking any business, by writing under his hand communicated to the client, elect that his remuneration shall be in accordance with the provisions of Scale III also set out in that Schedule.

6. Security against remuneration interest on disbursements, etc.

(1) A legal practitioner may accept from his client, and the client may give to his legal practitioner, security for the amount to become due to the legal practitioner for business to be transacted by him and for interest on such amount but such interest shall not commence till the amount due is ascertained, either by agreement or taxation.

(2) A legal practitioner may charge interest at ten per cent per annum on his disbursement and cost whether by scale or otherwise, after the expiration of one month from demand from the client; and where the disbursement and cost are payable by an infant or out of a fund not presently available, the demand may be made on the parent or guardian or the trustee or other person liable.

7. Fees chargeable to be as specified in Scales

(1) The fees prescribed in the Scales set out in Schedule to this Order shall be the fees chargeable for the matters stated in the Scales and they shall not be negotiable.
(2) Any legal practitioner who contravenes the provisions of subsection (1) of this section shall be guilty of a professional misconduct and shall for that purpose appear before the Legal Practitioners Disciplinary Committee.

8. Rules for the operation of fees specified in the Scales

The operation of the provisions of Scale I or II shall in each case be subject to the rules appended to each Scale.

9. Interpretation
In this Order, unless the context otherwise requires –

“copying” does not include making copies required by and Government official or land registry in connection with the approval on registration of deeds;

“perusal” or “peruse” means carefully reading and proffering an opinion on a document.

10. Citation

This Order may be cited as the Legal Practitioners (Remuneration for Legal Documentation and Other Land Matters) Order.
SCALE I
Scale of charges on sales, purchases, and mortgages and rules applicable thereto
PART 1
(1)

Transaction conducted (2) For the first N1,000 per N100

N
(3)For the second and third N1,000 per N100

N (4)For the fourth and each subsequent N1,000 up to N20,000 per N100

N (5)For the remainder without limit per N100

N
1.Vendor’s legal for conducting a sale of property by public auction, including the conditions of sale –

(a)when the property is sold........

(b)when the property is not sold, then on the reserved price........

2. a minimum charge N100.00 is to made whether a sale effected or not.

3. Vendor’s legal practitioner for deducing title to leasehold property and perusing and completing legal documentation (including preparation of contract and condition of sale, (if any)...............

4. Purchase’s legal practitioner for investigating title to leasehold property and preparing legal documentation (including perusal and completion of contract, (if any)...........

5. Mortgagor’s legal practitioner for negotiating loan........

6. Mortgagor’s legal practitioner for deducing title to leasehold property, perusing mortgage and completing......

7.Mortgagee’s legal practitioner for negotiating loan............

8. Mortgagee’s legal practitioner for investigating title to a leasehold property, and preparing and completing mortgage......

9. Purchaser’s legal practitioner for negotiating a purchase and vendor’s legal practitioner for negotiating a sale of property by private auction. .........

22.50

11.25

As in Part II thereof

As in Part II thereof

11.25

As in Part II thereof

22.50

As in Part II thereof

22.50

5.62

5.62

22.50

22.50

11.25

22.50

22.60

22.50

3.75

3.75

2.80

11.25

11.25

3.75

11.25

7.70

11.25

3.62

280

1.48

5.00

7.50

2.50

2.50

5.00

2.50

2.80

PART II
Consideration Remuneration
N
Under N200..................................................................146.75
N200 or over but not exceeding N300............................................................150.50
Over N300 but not exceeding N300.................................................................173.25
Over N400 but not exceeding N600..................................................................189.20
Over N600 but not exceeding N700...................................................................193.75
Over N700 but not exceeding N800...................................................................200.00
Over N800 but not exceeding N900....................................................................213.75
Over N900 but not exceeding N1,000..................................................................225.00
Over 1,000 but not exceeding N1,100..................................................................235.25
Over N1,100 but not exceeding N1,200...............................................................247.50
Over N1,200 but not exceeding N1,300................................................................258.75
Over N1,300 but not exceeding N1,400..................................................................270.00
Over N1,400 but not exceeding N1,500..................................................................281.25
Over N1,500 but not exceeding N1,600..................................................................292.50
Over N1,600 but not exceeding N1,700..................................................................301.75
Over N1,700 but not exceeding N1,800..................................................................303.75
Over N1,800 but not exceeding N1,900.................................................................316.25
Over N1,900 but not exceeding N2,000.................................................................337.50

PART III
Rules applicable to Scale I
1. Fractions

Fractions of two hundred naira, under one hundred naira shall be reckoned as one hundred naira and fractions of two hundred naira, above one hundred naira, are to be reckoned as two hundred naira.

2. Legal practitioner representing both parties to a mortgage

Where a legal practitioner is representing both mortgagor and mortgagee, he shall be entitled to charge the mortgagee’s legal practitioner’s fees and one half of the fees which would be allowed to be the mortgagor’s legal practitioner.

3. Legal practitioner representing parties with distinctive interests

If a legal practitioner peruses a draft on behalf of several parties having distinct interests which ought to be separately represented, he shall be entitled to charge –

N
(a) Up to N2,000 .......................................500
(b) N2,001-N10,000..........................................................750
(c) N10,001-N100,000....................................................1,500
(d) Above N100,000..................................................2,500

4. Party separately represented

Where a party, other than the vendor or mortgagor, joins in a legal documentation and is represented by a separate legal practitioner, the charges of the separate legal practitioner are to be dealt with under the provisions of Scale III set out in this Schedule.

5. Legal documentation prepared at the same time

Where legal documents of the same property are completed at the same time and are prepared by the same legal practitioner, he shall be entitled to charge as provided for under rule 3 of these Rules.

6. Commission for sale by auction
The commission for deducing title, perusing and completing legal documentation on a sale by auction shall be chargeable on each lot of property, but where a property held under the same title is divided into lots for convenience of sale and the same purchaser buys several lots and takes one legal document, the commission shall be chargeable upon the aggregate prices of the lots.

7. Attempted sale by auction

(1) The commission on an attempted sale by auction in lots shall be chargeable on the aggregate of the reserved prices.

(2) When property offered for sale by auction is bought and the terms of sale are afterwards negotiated and arranged by the legal practitioner, he shall be entitled to charge a commission according to the above Scale on the reserved price where the property is not sold and also one half of the commission for negotiating the sale.

(3) When property is bought and afterwards offered for sale by auction by the legal practitioner, he shall only be entitled to charge fees for the first attempted sale and, for each subsequent sale ineffectually attempted, he shall charge his fees according to the provisions of Scale III set out in this Schedule.

(4) In the case of subsequent effectual sale by auction, the full commission for an effectual sale shall be chargeable in addition less one half of the commission previously allowed on the first attempted sale.

(5) The provisions of these Rules as to commission on sales or attempted sales by auction shall be subject to rule 10 of these Rules.

8. Encumbrances

Where a property is old subject to encumbrances, the value of the encumbrances shall be deemed a part of the purchase money, except where the mortgagee purchase, in which case the charges of his legal practitioner shall be calculated on the price of the equity redemption.

9. Transfer of mortgage

The scale for mortgages shall apply to transfer of mortgages where the title is investigated, but not –

(a) to transfers where the title was investigated by the same legal practitioner on the original mortgage or on any previous transfers; and

(b) to further charges where the title has been so previously investigated, and the transfers and further charges, shall be regulated according to Scale III set out in this Schedule, but the scale for negotiating the loan shall be chargeable on such transfers and further charges as applicable.

10. Sale by auction

(1) The Scale for conducting a sale by auction shall apply only in cases where no commission is paid by the client to an auctioneer.

(2) The scale for negotiation shall apply –

(a) to cases where the legal practitioner or a vendor or purchaser arranges the sale or purchase and the price, terms and conditions thereof and no commission is paid by the client to an auctioneer’s legal practitioner; and

(b) to cases where the legal practitioner arranges and obtains the loan from a person for whom he acts.

SCALE II
PART I
Scale of charges for leases or agreements for lease at rack rent (other than a mining lease or a lease for building purposes, or agreement for the same)
1. The lessor’s legal practitioner’s scale of charges for preparing, settling and completing the ease and counterpart shall be as follows –

Amount of rent Amount of remuneration
(a) Where the rent does not exceed N100...............N37.50 on the rental but not less than N25 in any case;
(b) Where the rent exceeds N100 but does
not exceed N1,000....................................N7.50 in respect of the first N100 of rent and N25 in respect of each subsequent N100 of rent or part thereof;
(c ) where the rent exceeds N1,000..........N37.50 in respect of the first N100 of rent and N25 in respect of each N100 of rent or part thereof up to N1,000 and then N12.50 in respect of every subsequent N100 or part thereof.
2. The lessee’s legal practitioner’s scale of charges for perusing draft and completing scale of charges draft shall be one half of the amount payable to the lessor’s legal practitioner.

PART II
Scale of charges for legal document in fee or for any other legal estate reserving rent or building leases reserving rent or other leases for a term of 35 years or more at rack rent (except mining leases) or agreement for the same respectively
1. (1) the vendor’s or lessor’s legal practitioner’s scale of charges for preparing, settling and completing legal documentation and duplicate of lease and counterpart shall be as follows –

Amount of rent Amount of remuneration

(a) where the rent does not exceed N100........................N25;

(b) where it exceeds N100 but does not exceed

N1,000...............................the same payment as on rent of N100 and also 20 per cent on the excess beyond N25;
(c) where it exceeds N1,000 but does not exceed N3,000.....................the same payment as on a rent of N3,000 and 10 per cent on the excess beyond N750.00;
(d) where it exceeds N3,000..................the same payment as on a rent of N3,000 and 7.5 per cent on the excess beyond N750.00
(2) Where a varying rent is payable the amount of annual rent means the largest amount of annual rent.

2. The purchaser’s or lessee’s legal practitioner’s scale of charges for perusing draft and completing the lease shall be one half of the amount payable to the vendor’s or lessor’s legal practitioner.

PART III
Rules applicable to Scale II
1. Legal practitioner acting for both lessor and lessee

Where a legal practitioner acts for both lessor and lessee, he shall charge the lessor’s legal practitioner’s charge and one half of those of the lessee’s legal practitioner.

2. Mortgagor
Where a mortgagee or mortgagor joins in a lease, the lessor’s legal practitioner shall charge N100 in addition to the fee chargeable.

3. Other parties
Where a party other than a lessor joins in a lease and is represented by a separate legal practitioner the charges of the separate legal practitioner shall be dealt with under Scale III set out in this Schedule.

4. Consideration only partly in cash
Where a lease is partly in consideration of a money payment or premium and partly of a rent, there shall be paid, in addition to the remuneration prescribed in this Scale in respect of the rent, a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium.

5. Remuneration where lessee’s legal practitioner prepares, completes and registers lease
Where there is no legal practitioner acting for the lessor and the lessee’s legal practitioner, without acting for the lessor, attends to preparing, settling, completing, and registering the lease and counterpart, he shall be entitled to the fee which would have been payable had he been acting for the lessor and to one half the lessee’s legal practitioner’s fees.
6. Payment of fees
In the absence of any specific agreement to the contrary between the parties, each legal practitioner shall be paid his fees by the party instructing him.

SCALE III
Any business, not being contentious business for which the charge is prescribed or in respect of which the legal practitioner has elected to charge under Scale III
The Scale of charges for any business not provided for elsewhere in this Order shall be such sums as may be fair and reasonable, having regard to all the circumstances of the case and in particular to –
(a) the complexity of the matter or the difficulty or novelty of the questions raised;
(b) the skill, labour, specialized knowledge and responsibility involved on the part of the legal practitioner;
(c) the number and importance of the documents prepared or perused, without regard to length;
(d) the time expended by the legal practitioner in the business;
(e) the place where and the circumstances in which the business or a part thereof is transacted;
(f) the amount of money or value of property involved; and (g) the importance attached to the business by the client.

ENTITLEMENT TO PRACTISE AS BARRISTERS AND SOLICTORS (FEDERAL OFFICERS) ORDER
(1st December, 2017) Commencement
1. Entitlement to practice

(1) A person who, by virtue of his employment in or deployment by the Federal Ministry of Justice, is the holder for the time being of any of the offices in the civil service of the Federation set out in the Schedule to this Order, shall be entitled to practice as a barrister and solicitor for the purposes of that office.

(2) For the avoidance of doubt any person holding office in the civil service of the Federation, other than law officers in the Federal Ministry of Justice, shall not practice as a barrister or solicitor in Nigeria while still a holder of that office.

2. Citation
This Order maybe cited as the Entitlement to practice as Barristers and Solicitors (Federal Officers) Order.

Law officers in the Federal Ministry of Justice entitled to practice as Barristers and Solicitors
1. Directors.
2. Deputy Directors.
3. Assistant Directors.
4. Chief Legal Officers
5. Assistant Chief Legal Officers.
6. Principal Legal Officers.
7. Senior Legal Officers.
8. Legal Officers.
9. Pupil Legal Officers.

ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (NATIONAL ASSEMBLY OFFICE) (LEGAL PRACTITIONERS) ORDER
(1st December, 2017) Commencement
1. Entitlement to Practice

A legal practitioner who, by virtue of his employment in the Legal Services Department of the National Assembly Office, is the holder for the time being of any of the offices in the public service of the Federation, shall for the duration of his tenure of the said office, be entitled to practice as a barrister and solicitor for the purposes of that office.

2. Citation

This Order may be cited as the Entitlement to Practice as Barristers and Solicitors (National Assembly Office) (Legal Practitioners) Order.

ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (FEDERAL HOUSING AUTHORITY) (LEGAL PRACTITIONERS) ORDER
(1st December, 2017) Commencement
1. Entitlement to Practice

A legal practitioner who, by virtue of his employment in the Legal Services Department of the Federal Housing Authority, is the holder for the time being of any of the offices in the public service of the Federation, shall for the duration of his tenure of the said office, be entitled to practice as a barrister and solicitor for the purposes of that office.

2. Citation

This Order may be cited as the Entitlement to Practice as Barristers and Solicitors (Federal Housing Authority) (Legal Practitioners) Order.

ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICTORS (FEDERAL ROAD SAFETY COMMISSION) (LEGAL OFFICERS) ORDER
(1st December, 2017) Commencement
1. Entitlement to Practice

A legal practitioner who, by virtue of his employment in the Legal Services Unit of the National headquarters of the Federal Road Safety Commission or any of the zonal or sector commands of the Commission, is the holder for the time being of any of the offices in the public service of the Federation, shall for the duration of his tenure of the said office, be entitled to practice as a barrister and solicitor for the purposes of that office.

2. Citation
This Order may be cited as the Entitlement to Practice as Barristers and Solicitors (Federal Road Safety Commission) (Legal Officers) Order.
LEGAL PRACTITIONERS (BAR PRACTICING FEES) NOTICE
(1st December, 2017) Commencement
1. Practicing fees for legal practitioners

As from the commencement of this Notice, the practicing fees payable by legal practitioners shall be as specified in the Schedule of this Notice.
Practicing fees payable by Legal Practitioners in Nigeria
(a) Senior Advocates of Nigeria and Honourable Benchers.........................N50,000

(b) Legal Practitioners of 15 years’ or more standing post-call...................N25,000

(c) Legal Practitioners of 10 years’ or more standing but less than 15 years’ post call............................................N17,500

(d) Legal Practitioners of 5 years or more standing but less than 10 years’ post-call............................................N10,000
(e) Legal Practitioners of less than 5 years’ standing post –call..............N5,000

The Proposed Review of the Regulatory Structure of the NBA as APPENDIX VI

A REVIEW OF THE REGULATORY STRUCTURE OF THE NBA AND IDENTIFICATION OF SOME OF THE PROBLEMS AND CHALLENGES
Introduction
In this review attempt will be made to examine the meaning of the word Bar, the branches of the Bar, leadership of the Bar, the status of the NBA and its constitution, the regulatory bodies of the Legal Profession and the role of the NBA, if any, in these bodies. Also to be examined is the structure of the NBA and the effects of the present structure.
The Bar as Distinct from the NBA
Epistemologically the Bar refers to the barrier separating the public gallery from the row of counsel seats which nowadays is imaginery. However, in the current the word Bar now refers to all lawyers who have been admitted or called to the Bar whether or not they are actively practising at the Bar, excluding members of the Bench. The Bar and the Bench constitute the legal profession.
The Nigerian Bar comprises members of the Official Bar and the Unofficial Bar. The Official Bar encompasses legal practitioners employed by the Federal and State Governments as State Counsel in their respective ministries of justice, other ministries and departments, including the Attorneys General of the Federation and the States.
Members of the Unofficial Bar include legal practitioners in private practice, law lecturers and other qualified legal practitioners in full time employment with companies and other statutory bodies.
The Status of the NBA - Whether a Private or Public Body
The NBA is a private association of members of the Bar. It freely adopts its constitution like any other private association. It was held by the Supreme Court in Fawehinmi v N.B.A. (No. 2) [1989] 2 NWLR (pt. 105) 494 that the NBA does not derive its power to make or adopt its constitution from the Legal Practitioners Act, 1975. Nor does the Act regulate its membership. The Legal Practitioners Act only recognizes the constitution of the association by subjecting the management which the General Council of the Bar can exercise over the affairs of the association to any limitations by the NBA constitution. The constitution of the Nigerian Bar Association is therefore neither a statutory instrument or a subsidiary legislation. It is a private document which the members of the association were entitled to draw up in exercise of their right to provide a constitution for themselves to regulate their affairs (per Agbaje J.S.C. in Fawehinmi v N.B.A. (No. 2) (supra) at pp. 597-598).
The NBA Constitution
The current constitution of the NBA was adopted at the Annual General Meeting of the NBA held in Abuja on 27th August 2015. The constitution is however not supreme. No article of the constitution expresses its supremacy.
The General Meeting as the Supreme Authority of the NBA
By article 5 of the NBA constitution, the supreme authority of the NBA shall be exercised by the General Meeting. This provision negates the supremacy of the NBA constitution and appears to be in conflict with the amendment provision in section 20 of the constitution.
Voluntariness of Membership of the NBA
NBA has two categories of members – full and honorary membership. A full member of the Association is defined in Article 4(a) as any person duly enrolled at the Supreme Court of Nigeria as a legal practitioner and registered with a Branch of the Association. Honorary membership was defined in article 4(b) as any member of the Legal Profession within or outside Nigeria who is admitted as such by the Annual General Meeting on the recommendation of the National Executive Committee, and shall include serving and retired judges, and magistrates.
In the circumstance, membership of the NBA is not automatic on being called to the Bar but depends on registration with any branch of the NBA. In any case, the NBA as a private body cannot make its membership mandatory, having regard to the right to freedom of association guaranteed in section 40 of the 1999 constitution of Nigeria (as amended). The implication is that only members of the NBA are bound by its constitution.
The Question of Leadership of the Bar: The Attorney General or the NBA President?
The Attorney General is, by convention, the Leader of the Official Bar. In the legal profession as well, the Attorney General of the Federation (AGF) occupies very sensitive positions. By section 1 of the Legal Practitioners Act, the AGF is a member and President of the General Council of the Bar. The AGF is also a member of the Body of Benchers as well as the Inner Bar. The AGF is also a member of the Legal Practitioners’ Privileges Committee (LLPC) which confers the rank of Senior Advocate of Nigeria. In fact, certain members of the LPPC such as the one Justice of the Supreme Court, 5 of the Chief Judges of States and the five Senior Advocates of Nigeria are appointable by the CJN in consultation with the AGF. Furthermore, the AGF is a member of the Legal Practitioners Disciplinary Committee.
On the other hand, the NBA President is the leader of the unofficial Bar. Since the NBA comprises members of both the official and the unofficial Bar the President of the NBA ought to be the leader of the Bar.
The Structure and Management of the NBA
The supreme authority of the NBA is exercised by the General Meeting, and its affairs are managed by a National Executive Committee which comprises:
(a) National Officers
(b) All past Presidents and General Secretaries
(c) All Chairmen and Secretaries of registered branches
(d) One other representative of each registered branch
(e) Chairmen and Secretaries of Sections
(f) Other deserving members of the Association co-opted by the National Executive Committee provided always that the total number shall not exceed 180 members in the following categories:
(i) Senior Advocates of Nigeria – 40
(ii) Senior Members who are over 25 years post call – 40
(iii) Special interest groups/active members who are over 10 years post call – 100.
While there is term limitation for elective positions in the NBA, there is no term limitation for nominated members. In effect, some people have become NEC members for life through nomination and the NBA becomes their practice or job.
The National Officers of the NBA are as follows: The President, the First Vice-President, the Second Vice President, the Third Vice President, The General Secretary, The First Assistant Secretary, The Second Assistant Secretary, The Treasurer, The Welfare Secretary, The Financial Secretary, The Assistant Financial Secretary, The Publicity Secretary, The Assistant Publicity Secretary, the Legal Adviser.
The National Secretariat of the NBA is situate at the Federal Capital Territory of Nigeria, though the Association may maintain liaison offices in other cities/towns as the National Executive Committee may decide from time to time.
By Article 8(e) of the NBA constitution, the General Secretary under the overall direction of the President shall be in charge of the National Secretariat and other offices of the Association. The NBA constitution did not provide for the person who shall be responsible for the day to day the running of the NBA secretariat or for staff of the secretariat or offices of the NBA. There is thus lack of professionalism in the running of the affairs of the NBA. The Secretary General is elected for a term of two years subject to re-election for a second term only. The Secretary General is expected to practice law to make a living and cannot run the NBA secretariat on day to day basis.
Branches of the NBA
The NBA has no zonal or state structures but has about 125 branches in the various states of the federation.
The NBA constitution provides that a branch shall consist of not less than fifty (50) registered members who have their principal places of practice or residence within the judicial division where the branch is situated, but a member shall not belong to more than one branch.
The constitution gives to every Branch the power to investigate reports of professional misconduct made against any of its members and, if necessary, send a report to the President/General Secretary of the NBA for further action.
Source of Finance of the NBA
The main source of revenue of the NBA at the National level are the practicing fees provided for under section 8(3) of the LPA. Every legal practitioner is required to pay a practicing fee through the Chief Registrar of the Supreme Court. 90% of the fees is to be remitted to the NBA while 10% shall be paid to the Body of Benchers.
The effect is that the NBA is not financially independent as its revenue is collected and remitted to it by an agent of the government.
Only about 20% of the practice fees go to the branches which meet monthly and deal with the problems of their members.
Representation of the NBA in some Regulatory Bodies of the Legal Profession
The NBA is expected to play some regulatory roles through membership of some of the regulatory bodies of the legal profession. One of such bodies is the National Judicial Council (NJC). The 1999 constitution (as amended) provides that the National Judicial Council established under paragraph 20(i) of Part I to the Third schedule to the 1999 constitution (as amended), shall include:
Five members of the Nigerian Bar Association appointed by the Chief Justice of Nigeria on the recommendation of the National Executive Committee of the Nigerian Bar Association:
Provided that the five members shall sit in the Council only for the purposes of considering the names of persons for appointment to the superior courts of records.
While the NBA plays limited role in the NJC, it has no representation in the State Judicial Service Commission. By Paragraph 5(e) of Part II of the Third Schedule to the 1999 constitution (as amended), membership of the State Judicial Service Commission shall include two members, who are legal practitioners, but there is no requirement that they should be nominated by the NBA.
This provision is unlike the case of the Federal Judicial Service Commission, where under paragraph 12(e) of Part I to the Third Schedule to the 1999 constitution (as amended), two Legal Practioners shall be appointed from a list of not less than four legal practitioners recommended by the NBA.
PROBLEMS AND CHALLENGES OF THE CURRENT REGULATORY STRUCTURE OF THE NBA
The above analyses have already disclosed some of the problems and challenges of the current regulatory structure of the NBA. However, it may be helpful to properly articulate and state the problems, which are as follows.
1. Lack of Supremacy of the NBA constitution and the Possibility of Arbitrariness
In the absence of the supremacy of the NBA constitution, there is possibility of arbitrariness in the running of the affairs of the NBA which is contrary to the idea of the rule of law the promotion of which is one of the cardinal objectives of the NBA.
It is also a matter of little moment to stipulate a procedure for the amendment of the NBA constitution when the constitution is not supreme, in which case the amendment procedure can be overriden by the organ that exercises supreme power.
2. The NBA’s lack of Jurisdiction over Non-members
Since membership of the NBA is not compulsory, the NBA cannot legitimately exercise disciplinary control over members of the Bar who are not members of the NBA.

3. Lack of Professional Secretariat
There is no constitutional provision for professionals to run the NBA secretariat on day to day basis. Elected and non-fulltime officers of the NBA cannot run the secretariat on day to day basis. The current situation raises the challenge of continuity and sustainability of the projects and programmes of the NBA which are critical factors for fundraising from donor agencies.
4. Absence of State Structures
The absence of state structures in the NBA has some negative effects. While Nigeria is a Federation of 36 states, there is no state Bar that interfaces with the state governments or deals with issues affecting the profession at the state level. For instance, the NJC Rules for the appointment of Judges require that local branches of the Bar should be consulted in the process of appointment of judges. As we have many branches in most of the states of the Federation, what will be the position where branches take conflicting positions on some candidates?
Without a state structure, will the Bar Branches in a State speak with one vioice on issues affecting the Bar or the public? What if there are discordant tones, which tone will prevail?
Another negative effect of absence of state structure in the NBA is the lack of representation of the NBA in the State Judicial Service Commission. Though membership of the State Judicial Service Commission shall include two members, who are legal practitioners, there is no requirement that they should be nominated by the NBA. Perhaps the reasom may be that there is no state structure of the NBA to make the nomination. This position is fortified by the fact that at the Federal Level, the 5 NBA-members of the Federal Judicial Service Commission are nominated by the NBA. Assuming the constitution is amended to require that the NBA should nominate the two members of the State Judicial Service Commission, how will the two members be nominated by the unequal branches?
Federalization of the NBA through greater devolution of powers, functions and resources will call for state branches that will perform most of the functions performed presently by the National NBA.
It may also be pertinent to mention that some persons of questionable character move from one branch to another in an effort to get a pliable branch which could shield their integrity deficiency. For instance, some members of the NBA who wish to apply for the position of Senior Advocate of Nigeria roam from one branch to another seeking where they will obtain underserved favourable recommendations.
5. The Unwieldy Nature of the NBA NEC
As presently constituted NBA NEC is composed of chairmen, secretaries and NEC Reps of the 125 branches (375), 180 nominated members in addition to National Officers and Past Presidents and General Secretaries. This large number has logistic implications and also increases the cost of running the NBA. It affects speedy decision making. It reduces the fund that should have been available for programmes and projects. The large number of the unelected members of the NEC and the lack of tenure limit for nominated NEC members are contrary to the democratic principle. Lack of tenure limit makes some NBA members permanent NBA politicians whose job is NBA politics.
6. The unsettled question of Leadership of the Bar as Between the Attorney General and the NBA President
While the Attorney General is the Leader of the Official Bar and the President of the NBA is the leader of the Unofficial Bar, it is not clear who is the leader of the entire Bar.
7. Voluntariness in the Membership of the NBA
Since the Legal Practitioners Act recognizes the role of the NBA in the regulation of the legal profession, for the NBA to have jurisdiction over all members of the Bar, it ought to be statutorily provided that every member of the BAR should be a member of the of the NBA.
8. Ineffective or non-representation of the NBA in some Institutions Affecting the Legal Profession
The 5 NBA-members of the NJC participate in the activities of the Council only when the Council is considering appointment of judges.
Two legal practitioners to be appointed members of State Judicial Service Commission are not nominated by the NBA.
The NBA has no representation in the Legal Practitioners Priviliges Committee. Of significance is that lawyers who are not of the status of Senior Advocate of Nigeria are not members of the Committee. These situations have serious implications for the transparency, impartiality and accountability of the Committee.
9. Lack of Financial Independence of the NBA
The fact that the main source of funding for the NBA is statutorily under the control of the Registrar of the Supreme Court affects the independence of the NBA.
10. Lack of a Governing Board
The NBA does not have a governing board which will support and oversight a professional Secretariat. NEC as presently constituted is too unwierldy to play that role.
RECOMMENDATIONS
A. PROPOSED AMENDMENTS TO THE NBA CONSTITUTION

1. The provisions of Article 2 of the Constitution should be deleted and the following inserted:
National Secretariat
There shall be a National Secretariat for the NBA. The governing board of the NBA shall appoint for the NBA an Executive Director.
The Executive Director shall be a qualified and competent person who shall be recruited through an open, transparent and competitive process on the basis of his/her competence, skills and experience on such terms and conditions as shall be determined by the Governing Board.
The Executive Director shall be directly in charge of the day to day running of the Secretariat and shall report to the Governing Board.
Other Senior Staff of the Secretariat shall be appointed by the Governing Board while the Executive Director shall appoint junior staff. The appointment of all staff shall be based on merit.

2. Article 5 – Delete the sentence the supreme authority of the NBA shall be exercised by the General Meeting. Insert the following: This constitution is supreme and binding on all members and organs of the NBA.
3. Article 7 shall be deleted and the following inserted: The National Executive Committee (NEC) of the NBA shall be composed as follows.
(a) National Officers
(b) Past Presidents and Secretaries
(c) 35 co-opted members
(d) Chairmen of State Bars
(e) Chairmen of Local Branches
(f) Other deserving members of the Association co-opted by the National Executive Committee provided always that the total number shall not exceed 35, distributed as follows:
(iv) Senior Advocates of Nigeria – 10;
(v) Senior Members who are over 25 years post call – 10;
(vi) National Association of Law Teachers - 5.
(vii) Gender 5
(viii) Young Lawyers 5.
Provided that a person can only be nominated as a co-opted member of NEC for a maximum of two terms of two years each.
Section 7(5)(e) should be deleted.
4. Article 3 of the NBA constitution should be deleted and the following inserted.
Aims and Objectives of the NBA at the National Level should be limited to the following:
Upon the creation of State Bar the following aims and objectives of NBA ought to be retained or shared with the State Bar.
(a) Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria.
(b) Promotion and advancement of Legal Education, Advocacy and Jurisprudence.
(c) Improvement of the system of administration of justice, its procedures and the arrangement of court business and regular law reporting at the Federal level.
(d) Promotion of good relation among the members of the Association and lawyers of other countries.
(e) Promotion of co-operation between the Association and other National or International Law Organisations and such other bodies as may be approved by the National Executive Committee.
(f) Encouragement and protection of the right of access to courts at reasonably affordable fees and of representation by counsel before courts and tribunals in Nigeria.
(g) Encouragement of the establishment of National Law Library.
(h) Promotion and protection of the principles of the rule of law and respect for human rights.
(i) Promotion and support of law reform at the federal level.
(j) Creation and maintenance of an Endowment Fund for the proper observance and discharge of any of these aims and objects.
5. Article 8 should be amended by expunging the following offices since the NBA secretariat and offices shall be run by professional staff: 2nd and 3rd Vice Presidents, 2nd Assistant Secretary, Assistant Financial Secretary and Assistant Publicity Secretary.
Paragraph 8(3)(b) and 8(3)(i),(ii)&(iii) should be deleted.
6. Article 10(10) show of hands, secret ballot or electronic voting.
7. Article 13(3) & (6) & (8) – A minimum of 100 members shall be required for new branches.
8. Delete paragraph 2.6 of the New Schedule.
9. Governing Board
The members of the National Executive Committee should constitute the Governing Board of the NBA.
10. Need for Express Provision on the Leadership of the Bar
The NBA constitution should make express provision to the effect that the President of the NBA is the leader of the Bar. There is need to remove the dichotomy between official and unofficial Bar so that we have one Bar under the leadership of the President of the NBA. There is no doubt that the Attorneys General are the respective heads and leaders of the state counsel appointed by the respective governments.
B. UNIFORM BRANCH CONSTITUTION
Article 12 of the Uniform branch constitution should be deleted.
C. PROPOSED NEW PROVISION OF NBA CONSTITUTION ON STATE BARS.
There shall be State Branches of the NBA. The affairs of State Branches shall be consistent with the principles and objectives of the NBA. The constitution of the State Bars should make elaborate provision for offices, the secretariat, meetings etc.
Proposed Aims and Objectives of State Bars
(a) Establishment, maintenance and operation of a system of prompt and efficient legal aid and assistance for those in need but who are unable to pay for same in the state.
(b) Promotion and support of law reform within the state.
(c) Maintenance of the highest standard of professional conduct, etiquette and discipline within the state.
(d) Creation of schemes for the encouragement of newly qualified members and assistance to aged or incapacitated members of the Association in the state.
(e) Establishment of schemes for the promotion of the welfare, security and economic advancement of members of the legal profession in the state.
(f) Creation and maintenance of an Endowment Fund for the proper observance and discharge of any of these aims and objects.
(g) Promotion of good relation among the members of the Association in the state.
(h) Promotion of co-operation between State Bars, and such other local bodies as may be approved by the State Bar. International cooperation shall be reserved to national NBA exclusively.
(i) Encouragement and protection of the right of access to courts within state at reasonably affordable fees and of representation by counsel before courts and tribunals in the state.
(j) Encouragement of the establishment of State Law Library.
(k) Promotion and protection of the principles of the rule of law and respect for human rights in the state.
(l) Creation of schemes for the encouragement of newly qualified members and assistance to aged or incapacitated members of the Association in the state.
D. PROPOSED PROVISION OF THE LEGAL PRACTITIONER’S REGULATORY ACT ON COMPULSORY MEMBERSHIP OF THE NBA
Every person called to the Nigerian Bar shall be deemed to be a member of the NBA and shall be required to register with a branch of the NBA.
E. PROPOSAL FOR AMENDMENT OF THE 1999 CONSTITUTION (AS AMENDED)
1. Paragraph 5(e) of Part II of the Third Schedule to the 1999 constitution (as amended) should be amended as follows: membership of the State Judicial Service Commission shall include two members who are legal practitioners nominated by the relevant State Branch of the NBA.

2. Paragraph 20(i) of Part I to the Third schedule to the 1999 constitution (as amended) should be deleted and substituted with the following:

(i) seven members of the Nigerian Bar Association who have been qualified to practice for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria (recommended by the Body of Senior Advocates of Nigeria). The other 6 members shall be appointed from the six geo-political zones. The position should rotate among the Chairperson of State Bars in each geo-political zone in alphabetical order of the states in the Zone. Members in this category shall serve for a single term of two.
11. Lack of Representation of the NBA in the Legal Practitioners’ Privileges Committee.
The Legal Practitioners’ Privileges Committee established under section 5 of the Legal Practitioners Act Cap. 11 LFN 2004 is composed as follows:
(e) Five legal practitioners who are Senior advocates of Nigeria.
By subsection (4) of this section, the five Senior Advocates of Nigeria shall be appointed by the Chief Justice of Nigeria in consultation with the Attorney-General of the Federation.

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