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Legal Education, Lawyering and Ethics: Coasting through Turbulent Times

By

Dr. Etefia E. Ekanem*

1. Introduction

As I write this paper, Nigeria is only but recovering from years of grappling with terrorism.

Until recently, towns and communities in the parts of Nigeria, particularly, in the North

West, were under the occupation of insurgents.1 Lately too, there seems to have been an

upsurge in agitation by groups along ethnic nationalities.2 Prices of crude oil have been in all

time low in past months, and considering that oil is the mainstay of the Nigerian economy,

there has been severe economic crisis in the country, with government having difficulties in

meeting its financial obligations, including payment of salaries and responsibilities to

contractors. This state of affair is compounded by the continuous sliding of the value of the

naira to dollar. These and more have brought commercial activities to ebb of near collapse,

thereby impacting negatively on the economy.

Since lawyers’ income is largely predicated on the level of commercial performance in any

state, the consequence of the foregoing is that the art of lawyering and its income have been

affected by the economic downturn in the country. This is made worse in the face of negative

public perception of lawyers in the era of a federal government that is focused on confronting

corruption. This paper considers the role of law, the training and prospects of would-be-

lawyers, and the challenges of confronting lawyers in the present state of Nigeria.

2. Law

a. Meaning: The concept, Law is very fluid and nebulous; it is incapable of a definite,

watertight, all-purpose definition. What writers and jurists have done over the ages has been to

attempt to define law, by description. Law may be defined as a body of rules of conduct, or as

“The commands of him or them that have coercive power (Hobbes).3 It is a rule of conduct

imposed and enforced by the sovereign (Austin). Giving vent to what has now come to be known

as the Austin’s Positive School of Jurisprudence of Law, Sir William Blackstone describing law,

said, “It is the rule of action which is prescribed by some superior and which the inferior is

bound to obey.”4 He maintained that a rule of law made on a pre-existing custom exists as

positive law apart from the legislator or judge.5 Salmon sees Law as the whole body of principles

recognised and applied by the state in the administration of justice.6

Law is also often seen in terms of a particular system. In this sense, it is equated with

government and a legal system. A definition of law from this point, according to Farrar and

Dr. Etefia Ekwere Ekanem, LL.B (Hons.), LL.M, PhD (Nig.), B.L., ChMC; Senior Lecturer, Department of

Public Law, Faculty of Law, University of Uyo, Uyo, Nigeria; President, Consumers Rights Foundation

International; and formerly an ETF Scholar; e-mail: etefiaekanem@uniuyo.edu.ng 1 The wounds inflicted by terrorism in Nigeria is yet to be completely healed, as community of Nigerians displaced

by Boko Haram insurgents are still taking refuge in Internally Displaced Persons (IDPs) camps across the country. 2 Groups such as the MASSOP advancing Biafra agenda and the Niger delta Avengers blowing up pipelines in the

Niger Delta region. 3 Sheila Bone (ed), Osborn’s Concise Law Dictionary, 9th ed. (London: Sweet & Maxwell, 2001) 226. 4 Cited by I. B. Curson, Basic Law: An Introduction for Students, 2nd ed., 1990, 2, cited in Ese Malemi, The

Nigerian Legal System: Text and Cases, 12th ed. (Lagos: Princeton Publishing Co., 2012) 4. 5 (n 3). 6 Ibid.

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Dugdale, “would include parliament, the courts, the judiciary, the legal profession and the police

and bureaucracy who service the system.”7 Law in this context has to do with the whole

institution of government, and does not seem to exclude corporate institutions and other legally

recognised bodies that operate within the state.

An attempt to define law would appear incomplete without adverting to law as an adjective.

Thus, law can be defined to include the substance of the law itself, as well as the law making and

enforcement processes. Law has therefore been “equated with the legal process, which refers

primarily to the legislative and judicial processes – the making of Acts of Parliament and

delegated legislation, and the adjudication by judges.”8

Law may therefore be defined as the amalgam of the doctrines and recognised principles applied

in any society in its justice administration, and it includes all institutions established by law, and

or recognised in such a society and the processes within the legal system. Thus, law can be said

to be the wheel upon which the society revolves. This emphasises the importance of law in any

society. An excursion into the functions of law therefore becomes imperative.

b. Traditional Role of Law: Law plays a number of traditional roles in every society. The

roles are termed traditional because they are imperatives to the very survival of the state. Law

presupposes justice according to law, and if man is not ruled by law, then the rule of men

becomes inevitable. The problem however is that man is an extremely unpredictable being, and a

rule by man, and not the law, is a potential reign of anarchy.

Generally, the traditional functions of law in any society include the following:

a. It is a means of regulating society.

b. It is an instrument of legitimacy.9

c. It guarantees rights, fairness and justice.

d. It establishes governments, institutions, and creates a network of relationships

between the governments, institutions, and the governed.

The role of law is captured by Oputa, JSC, thus:

… law is … a shield and a fortress against tyranny and oppression. It is the

defender and custodian of individual rights and liberties, an asylum and a

comfort to the oppressed, a guarantee of hope for the innocent, a chilling

terror to the malignant and the vile, an encouragement to good behaviour by

both the government and the governed. Herein lies the importance and the

practical import of … law.10

For justice, peace, advancement of rights, protection of lives and property, and the organisation

of the state, law is identified as a necessity in human society.11 Adumbrating on the role of law,

Malemi summarised by echoing the words of Lord Alfred Denning, MR, thus:

The freedom of the just is man is worth little to him if he can be preyed upon

by the murderer or thief. Every society must have the means to protect itself

7 John H. Farrar and Anthony M. Dugdale, Introduction to Legal Methodist, 3rd ed. (London: Sweet & Maxwell,

19990) 6. 8 Ibid. 9 Malemi, op cit., 10 – 12. 10 Oputa, Chukwudifu A., “The Crisis in the Rule of Law” in Chris Okeke (ed), Towards Functional Justices:

Seminar Papers of Justice Chukwudifu A. Oputa (Ibadan: Gold Press Ltd., 2007) 141, at 143. 11 Malemi, op cit., 12.

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from marauders it must have power to arrest, search and to imprison those

who break the law. So long as those powers are properly exercised, they are

themselves the safeguards of freedom.12

It can therefore be gleaned from the following, that law guarantees freedom; freedom is an

inalienable right of man,13 and one of the first gifts of God to man after creation.14 Law therefore

may be said to be a beautiful thing.

It would appear that as beautiful as the law may be, it is also seen to be an ass. The implication

of this expression, believed to be first used by Charles Dickens about 1838 in his book, Oliver

Twist,15 appears to be that like an ass, a law, could be driven to any direction, it could be used to

achieve different purposes; good or bad. Therefore, the efficacy of laws in any legal system is

largely determined by those who drive the law; the Lawyers, that is, the bar and the bench.16

3. The Role Lawyers: Generally, a Lawyer is a person who has undergone some form of

training or has acquired some specialised skills and is qualified to advise people about the law

and represents them in courts; he is a member of the legal profession.17 A lawyer is a Legal

Practitioner.

A legal practitioner in Nigeria is a person entitled to practice as a barrister and solicitor in

accordance with the provisions of the Legal Practitioners Act.18 He is someone whose trade is the

practice of law. In Justice F. O. M. Ateke v. Chief Nelson Asigboro Afejuko, the term, “practice

of law” was described by the court to mean:

Retention of services requiring the knowledge and the application of legal

principles and techniques to serve the interest of another with his consent.

It is not limited to appearing in court or advising and assisting in the

conduct of litigation, but embraces the preparation of pleadings and other

papers incident to action and special proceedings, conveyance, the

preparation of legal instruments of all kinds and the giving of all legal

advice to clients and all actions taken for them in matters connected with

law.19

Lawyers, as legal practitioners, may serve as judges, solicitors, teachers, directors or secretaries

of companies, civil servants or administrators, advisers to institutions, amongst others. They may

generally serve in legal or non-legal positions.20

Traditionally, a lawyer has the responsibility of representing his clients.

He is an officer of the legal system.

12 Alfred Denning, Freedom under the Law, Sweet & Maxwell, 5, cited in Malemi, ibid. 13 See the Universal Declaration of Human Rights of 1948. 14 Gen. 2: 16, New King James Version of the Holy Bible. 15 Charles Dickens, Oliver Twist, 1838, in The Law is an Ass, available at http://www.phrases.org.uk/meanings/the-

law-is-an-ass.html visited on April 20, 2016. 16 The Bench is made up of Practitioners who sit as judges and justices of the courts of record, like the High Courts,

Court of Appeal and the Supreme Court, while other members of the profession make up the Bar. Practitioners are

elevated from the Bar to the Bench. Etefia E. Ekanem, “Ethics in the Legal Profession” in Esikot, I. F. (ed.), Ethics:

Some Critical Essays, vol. 1 (Uyo: Excel Publishers, 2014) 227. 17 Farlex, The Free Dictionary, available at http://www.thefreedictionary.com/lawyer, visited April 20, 2016. 18 Section 24 of the Legal Practitioners Act Cap L11 Laws of the Federation of Nigeria 2004 19 (1994) 9 NWLR [prt. 386] 379 at pp. 403-404. 20 Wole Iyaniwura, “Trends in Modern Legal Profession: A Comparative Analysis” (2008) vol. 1 No. 1 Nigerian

Journal of Public Law, p. 306; and Ekanem, op cit.

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A lawyer is a public citizen having special responsibility for the quality of justice.

Lawyers are social engineers, and the legal profession remains the watchman of

the society.21

The role of the lawyer in a state like Nigeria cannot be over emphasised. Nigeria is a developing

state, grappling with economic recession greatly affected by low oil prices in the international

market, unemployment, poverty, endemic corruption,22 and a population where the vast majority

of the citizens seem to accept oppression and invasion of their rights, and in the words of Itse

Sagay, “with fatalism as phenomena ordained by destiny,”23 to serve in the hallowed temple of

justice. Sagay expressed further;

… it takes men of extraordinary vision, courage, industry and messianic zeal

for justice, to pursue just but apparently ‘hopeless’ causes right to the Supreme

Court. In a society overwhelmed by excessive subservience to state executive

authority, any case against the ‘government’ is regarded as ‘hopeless,’ as a waste

of time, and often time as downright dangerous.24

The above expression refers to the very few who do not only know, but have the means to

enforce their rights. It would take courageous practitioners, the kind described by Lord Denning,

MR, as the bold spirit,25 to advance the course of justice under unfavourable economic climate,

for it is only in so doing that meaning can be given to what constitutes law in the legal system.

This therefore imposes an obligation on lawyers.

Apart from the few that know their rights, the vast majority of the populace lack knowledge of

the law or the existence of their rights therein. This vast majority are found in every stratum of

the economy; they include policy makers, government officials, chief executives, teachers,

professionals, entrepreneurs, skilled and unskilled labourers, and etcetera. There is thus a sense

of utter helplessness spiced with ignorance amongst the population of the law and what the legal

system affords them. The potential danger in this state of things is that rights are abused with

impunity; after all, the owners of such rights do not even know that they exist in the first place.

This danger imposes additional burden on lawyers, both on the Bench and the Bar, to help the

state, by aiding the people in their struggle against the abuses of power by the powerful.26

21 Nella Andem-Ewa, “The Emergence of Law Firms Websites: Do We Have any Rules on Advertising?” being a

paper presented on September 7, 2009, at the NBA Institute of Continuing Legal Education (I. C. L. E.) Symposium

on Ethics, Rules of Conduct and Discipline of Lawyers, held at the Conference Hall of the Cultural Centre Complex,

Calabar, on September 7-8, 2009, p. 1; Mba E. Ukweni, A Welcome /Opening Address by Mr. Mba E. Ukweni,

Chairman, Nigerian Bar Association (NBA), Calabar Branch, on the Occasion of the First Phase of a Two-Day

Symposium Organised by NBA Institute of Continuing Legal Education (I. C. L. E.) at the Conference Hall of the

Cultural Centre Complex, Calabar, on September 7-8, 2009; 22 Transparency International, “Corruption in Nigeria” available at http://www.transparency.org/what-is-

corruption/?gclid=CMrW-_n6nMwCFcWVGwodSI8IeQ visited April 20, 2016. 23 Itse sagay, wrote in the preface to the book, Work of the Supreme Court (1980 – 1988) 3-4, cited by Chukwudifu

A. Oputa, “Legal and Judicial Activism in an Emergent Democracy: The Last Hope of the Common Man?” in

Okeke (ed) op cit, 12, at 27. 24 Ibid. 25 Alfred Denning, Freedom under the Law (Hamlyn Lecture, 1949) cited in Borrie Gordon, The Development of

Consumer Law and Policy – Bold Spirits and Timorous Souls (London: Stevens & Sons, 1984) 1; Etefia E. Ekanem,

“Judiciary and Democratic Governance in Nigeria: So Far, How Far?” (2012) Vol. 2 No. 1, Uyo Bar Journal, 153, at

181 26 Oputa (n 21) 28

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Lawyers have the duty of educating and advising the populace on legal matters including the

availability of ADR windows and legal aid.27 Increased and consummate legal activism may

result from such state of affairs, thereby resulting in the evolution of strong institutions as against

strong men.

By the nature of its origin, the legal profession “… is an elitists’ profession … it was the case

that you must have come from either the upper class or upper middle class to be a barrister.”28 It

is consequently believed that the art of lawyering is not for touts, and layabouts, as law practice

requires high level of decorum.29 This therefore brings into spotlight the training of a lawyer and

professional ethics for legal practitioners.

a. The Training to become a Lawyer: In Nigeria, legal education is fashioned after the English

system, except that unlike England where lawyers are solicitors or barristers, all lawyers in

Nigeria qualify and can practice as both barristers and solicitors.

The training of lawyers in Nigeria consists of academic study for 4 to 5 years (depending on the

mode of entry) in a law faculty and a year in the Nigerian Law School, followed by call to the

Nigerian Bar by the Body of Benchers and enrolment as Legal Practitioners at the Supreme

Court.

The National Universities Commission (NUC) establishes and regulates the minimum academic

standards for the award of law degrees (LL.B). However, the requirement which a law degree

must satisfy to qualify its holder for admission into the Nigerian Law School for a BL is

established by Council of Legal Education (CLE). To ensure compliance with these standards,

Law faculties are subject to accreditation by both the NUC and the CLE.

To effectively regulate the standard of legal education in Nigeria, the NUC adopted a Benchmark

Minimum Academic Standards (BMAS) for undergraduate programmes in Law in Nigerian

Universities. According to the BMAS;

the role of lawyers is a pervasive one, straddling the political, economic

and social life of the society. After all, lawyers are instrumental to

whatever situation any country may find itself. Lawyers, as judges, in

private or corporate practice, in the academics or in government, shape

the society and the lives of their fellow human beings.30

Furthermore, the revised Minimum Academic Standards (MAS) which was subsequently merged

with the Benchmark Style Statements into one new document known as BMAS, in providing

minimum academic standards for Nigerian universities stipulated thus:

Academic legal education should therefore act, first, as a stimulus to

stir the student into the critical analysis and examination of the

prevailing social, economic and political systems of his community and,

secondly, as an intellectual exercise aimed at studying and assessing

the operation, efficacy and relevance of various rules of law in society.31

27 Legal Aid Council Nigeria, available at http://www.legalaidcouncil.gov.ng/ visited April 20, 2016. 28 Richard Akinjide, Advocacy, Ethics and the Bar, at p. 88, cited in Ukweni, ibid., at p. 2. 29Ekanem, “Ethics in the Legal Profession”, op cit., 228. 30 Muhammed T. Ladan, “Future of Legal Education in Nigeria,” Daily Trust, October 12, 2015 available at

http://www.dailytrust.com.ng/news/law/future-of-legal-education-in-nigeria/114645.html visited April 20, 2016. 31 Ibid.

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In the exercise of its mandate, and to ensure the attainment of the minimum standard, the NUC

approved and set out in the BMAS a curriculum for teaching and research, leading to the award

of a Degree in Law (LL. B).

Upon being awarded a degree in law (LL. B) by a recognised institution, the Council of Legal

Education admits applicants into the Nigerian Law School for training, which is much more

practical than the one leading to the award of a Law Degree. At the end of the training, Council

presents only those found worthy in character and in learning for admission into the Nigerian

Bar by the Body of Bencher.

b. Curriculum: The Curriculum sets out the minimum standard for courses which a student

studying to obtain a degree in law should register for and pass. The courses are classified into the

Core courses and other courses

i. Core courses: These are courses that are very essential to the training of a lawyer. They are

made up of core law courses and compulsory non-law courses. The Core law courses include

Legal Methods, Nigerian Legal System, Constitutional Law, Law of Contract, Criminal Law,

Commercial Law, Law of Torts, Company Law, Law of Evidence, Property Law and Final Year

Research Project. The compulsory non-law courses are non-law courses that students must

register and pass to be awarded a degree in law. They include Use of English, Philosophy and

Human Existence, Citizenship and Peace Studies. A number of these non-law courses are taught

in many universities as General Studies and with different nomenclatures.

ii. Other Courses: These are courses other than the Core courses taught in Nigerian universities

for the award of LL.B degree. They include other law courses and non-law courses taught either

as compulsory courses or as elective courses in individual universities. These include courses

like Family Law, Administrative Law, Law of Banking and Insurance, Law of Consumer

Protection, Oil and Gas Law.

iii. Audited courses: These are courses which students participate in lectures and class activities

but are not required to take any examination for grading. Some universities offer Legal Research

and Methodology as such.

Importantly, the curriculum prescribes the minimum contents of each course, particularly, those

of core and compulsory courses. It also provides the minimum credit units for each course and

the minimum credit hour for graduation.32 To be awarded an LL. B degree, under the NUC

guidelines, a student must register for and take courses up to the stipulated minimum credit units.

c. Duration: The normal duration of the LL.B programme in Nigerian universities are ten

semesters in the case of students admitted through UTME and eight semesters in the case of

students admitted through Direct Entry, provided that such direct entry students may be required

to do some of the year one courses to be able to graduate. However, individual universities’

senates may give dispensation for students to graduate out of time, for example time may be

extended up to one half of the normal duration for the programme, that is, five and four extra

semesters respectively.

d. Teaching Methodology: The policy of the statutory bodies responsible for the training

and admission of aspirants to the Nigerian Bar, which is, the Council of Legal Education and the

Body of Benchers is that the study of Law must be undertaken on full time basis, in recognized

institutions for the provision of undergraduate studies.33

32 For example, 195 and 168 for students who enrolled on the programme through UTME and Direct Entry

respectively. 33 Council of Legal Education, “Non- Recognition of The LL.B Degree Programme of the National Open University

of Nigeria”, available at http://www.nigerianlawschool.edu.ng/notices/open.pdf visited April 22, 2016.

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Amongst other methods of teaching, Socratic Method, Plato Method, and Clinical Method are

readily used in the teaching of law in Nigeria.

The Socratic Method: This method involves dialogue between the teacher and the

students, instigated by the continual probing questions of the teacher, in a concerted

effort to explore the underlying beliefs that shape the students views and opinions. This

approach is based on dialectical method of questioning.34 In Socratic teaching the focus is

on giving students questions, and not necessarily answers. The teacher models an

inquiring, probing mind by continually probing into the subject with questions.35

Plato Method: This is otherwise known as play method, it emphasises that students

should learn by doing. The teacher focuses in engaging the students to reason through the

processes of thinking and abstracting, while trying to motivate the students and arouse

their interest in learning. This method is against the use of force in education. It proposes

that "Knowledge which is acquired under compulsion obtains no hold on the mind."36

Clinical Teaching Method: The features of the clinical legal education are; students are

confronted with problem situations of the sort that lawyers confront in practice; the

students deal with the problem in role; the students are required to interact with others in

attempts to identify and solve the problem; and, perhaps most critically, the student’s

performance is subjected to intensive critical review.37 Clinical legal education is a

method of teaching that combines theoretical concepts and actual legal practice. Its

objective is to aid students learn from their own experience and from their reflection on

that experience.38

e. Continuing Legal Education: Lawyering is a very dynamic vocation. At present there is

a paradigm change in world order. International boundaries seem to be gradually disappearing,

traditional markets are melting into a global one, driven by electronic-transactions; and cash

economy is fast giving way to a virtual one. Therefore the need arises for the 21st century lawyer

to continuously update his knowledge. The Rules of Professional Conduct for Legal Practitioners

provide for Mandatory Continuing Legal Education (MCLE) for lawyers enrolled to practice in

Nigeria. The MCLE requires active members of the profession to remain current regarding the

law.

The purpose of MCLE is to continuously update the knowledge, skills and social responsiveness

of the Nigerian lawyer through training programmes in order to maintain a high standard of

professional competence throughout his career as a lawyer. Professionalism/Ethics/Corruption;

Skills; Traditional MCLE courses; Legal Education Teaching Skills; Cross-Disciplinary Subjects

are some of the area of focus for MCLE.39

34 Sandy Chapman, “The Socratic Method: Fostering Critical Thinking” available at

http://teaching.colostate.edu/tips/tip.cfm?tipid=53 visited April 22, 2016. 35 Socratic Teaching, available at http://www.criticalthinking.org/pages/socratic-teaching/606 visited April 22, 2016. 36 Sultan Muhammad “Plato and Education” Tuesday, November 18, 2008, available at http://research-education-

edu.blogspot.com.ng/2008/11/plato-and-education.html visited April 21, 2016. 37 William P. Quigley, “Introduction to Clinical Teaching for the New Clinical Law Professor: A View from the

First Floor” vol. 28, No. 3, Akron Law Review, 463, available at https://www.uakron.edu/dotAsset/6083417d-8a9d-

44a4-8a1b-5db63572c6cd.pdf visited April 21, 2016; and Report of the Committee on the Future of the In-House

Clinic, 42 J. Legal Educ. 508, 511 (1992). 38 “What is clinical legal education?” available at http://www.murdoch.edu.au/School-of-Law/Clinic-at-

Murdoch/Clinical-Legal-Education/ visited April 21, 2016. 39 Institute of Continuing Legal Education publication on Mandatory Continuing Legal Education, available at

http://www.nba-icle.org/frequenty_ask_Qustions.html

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Every lawyer (other than Benchers and SANs) enrolled in Nigeria is required to complete 30

hours of MCLE activities during two years reporting period, while every Bencher or SAN is

required to complete 24 hours of MCLE activities during three years reporting period. Credit can

be earned by attending approved activities, training, workshops, conferences, seminars, and

symposiums. Rule 11 of the Rules of Professional Conduct for Legal Practitioners makes non

participation in the MCLE a professional misconduct.

The era where lawyers would confine themselves to their offices is over. Bulusson sums up the

need for continuous legal education for lawyers thus:

A lawyer who is restricted to learning only from the four walls of his

office is definitely missing a lot. To safeguard the sanctity of justice,

lawyers must remain professionally competent throughout their career;

they must network amongst learned friends from different parts of the

country to learning new things.40

Therefore, any lawyer who desires to remain relevant and equipped to confront the unending

challenges of today must freely embrace the MCLE programmes.

5. Lawyering (Legal Practice)

a. Ethical Issues: A discussion on “Lawyers and Lawyering in Times Like this” would not

seem complete if it fails to address ethical issues. Wherever a lawyer finds himself, success in

whatever he engages depends largely on his attitude towards the ethics of the profession.

The Rules of Professional Conduct for Legal Practitioners 2007, in the main, provide for ethical

conduct expected of a lawyer in Nigeria. Every Legal Practitioner owes a general duty of

responsibility to the Profession. In pursuant of this duty, a Legal Practitioner is duty bound to

uphold and observe the rule of law, promote and foster the cause of justice, and maintain a high

standard of professional conduct.41 He is expected to be above board in his conduct at all times,

such that he shall not engage in conduct that is unbecoming or at variance with his position as a

Legal Practitioner.

By Rule 2, it is unethical for a Legal Practitioner to knowingly do anything, omit or engage in

any conduct designed to lead to the admission of a person who is unsuitable to be so admitted by

reason of his deficiency in moral character or insufficient qualification or for any other reason,

into the Legal Profession. It is against the ethics of the profession for a lawyer to aid a non-

lawyer or lend his hand by authorising or encouraging the latter to engage in the practice of

law,42 or for a fee permit the use of his name or signature on document prepared by a non-

lawyer.43

Unless with the permission of the General Council of the Bar, a lawyer is barred from engaging

in the practice of other profession while at the same time in legal practice;44 particularly,

engaging in legal practice while personally carrying out the business of trading in commodities,

commission agent, or such other business which the Bar Council may from time to time declare

to be incompatible with the practice of law or as tending to undermine the high standard of the

40 Daniel Bulusson, “Mandatory continuing legal education in Nigeria” Daily Trust, August 18, 2015, available at

http://www.dailytrust.com.ng/news/law/mandatory-continuing-legal-education-in-nigeria/106895.html 41 Rule 1 of the Rules of Professional Conduct for Legal Practitioners, 2007; and Malemi, op cit., at 525 42 Rule 3(1) of the Rules 43 Rule 3(2) of the Rules. 44 Rule 7

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legal profession.45 Rule 11 provides for MCLE for lawyers, while rule 10(4) makes

nonparticipation an unethical conduct.

There are ethical standards of specific nature prescribed for every lawyer in his relationship with

his clients,46 fellow lawyers,47 and the court.48 Towards his client, a lawyer, under rule 14, has

the duty to devote his attention, energy and expertise to the service of his client, and to act in a

manner consistent with the best interest of the client, subject however to any rule of law. In

Okoye v. Tabansi,49 the court lambasted a counsel over his absenteeism attitude in prosecuting a

case. By rule 14(5), it may amount to a professional misconduct for a lawyer to be negligent in

handling a client’s case. By rule 17 a lawyer is not to accept employment in the face of conflict

of interests without full disclosure of his interest to his client. The legal profession is like a

highly esteemed brotherhood, where each member of the group owes a number of duties to other

members. A lawyer is under a duty to be respectful and show good faith in his dealing with a

fellow lawyer. To act otherwise is an unethical conduct.50

Lawyers are officers of the court. A lawyer has a duty to protect the integrity of the court and

observe due decorum in the court, by according due respect and courtesy to it.51 The Supreme

Court reiterated this position when it descended on a counsel, whose attitude to the court begged

for question in the opinion of the court in the following words, “… counsel appearing before the

court should see themselves first and foremost as officers of the court and refrain from imposing

on the court the tedium of sending it on a wild goose chase.52” Rule 32 requires every lawyer to

deal with the court candidly and fairly while appearing before it in a professional capacity.

Rule 36 requires a lawyer in the court room to be attired properly and conduct himself with

decency and decorum. Whenever a lawyer undertakes to prosecute or defend a matter, it is

ethical for him to exert himself by all fair and honourable means to put before the court all

matters that are necessary in the interest of justice.53 Thus, in Ubani v State, it was stated per

Ikongbeh, JCA, that “It pays counsel for higher dividend to state the facts correctly, even the

adverse ones, …. Misstating fact does not paint a good picture of counsel.”54 Furthermore, Rule

47(1) bars a lawyer from fomenting strife or instigating litigation, and proffering advice or

instituting a law suit without being consulted, except in the case of close relations or trust.

Where a lawyer’s action violates any of the provisions of the Rules, according to rule 55(1) of

the Rules, he shall be guilty of professional misconduct and liable to punishment as provided in

the Act. By rule 55(2) every lawyer is tasked with the responsibility of reporting any breach that

comes to his knowledge to the appropriate authorities. Essien, posits that the Legal Practitioners

Disciplinary Committee is the body charged to discipline erring lawyers.55 Writing on “Ethics in

45 Rule 7(2) of the Rules; by Rule 7(3), it is not unethical for a Legal Practitioner to be a member of the Board of

Director of a company which does not involve executive, administrative or clerical functions, a company secretary,

or a shareholder in a company. 46 See Rules 14 -25 of the Rules. 47 See Rules 26-29 of the Rules. 48 See Rules 30-38 of the Rules. 49 (2002) FWLR (Prt. 85) 262, at 277, per Olagunju, JCA. 50 Rules 26 – 29. 51 Rule 35 52 Nkuma v. Odili & Odili v. Anene [2006] 137 LRCN 1301, at 1321, per Oguntade, JSC. 53 Rule 37 54 (2001) FWLR (Prt. 44) 483, at 496 55 The Committee is established by the Legal Practitioners Act; Enefiok E. Essien, General Principles of Nigerian

Law 4th ed., (Lagos: TopLaw Publishments Ltd, 2012) 41.

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the Legal Profession” and on the need of lawyers in equity to take issues of ethics seriously,

Ekanem expressed:

Every Legal Practitioner is expected to not only be conversant with what

constitutes professional ethics for lawyers, he is required to conduct himself

and carry out his practice within the precinct of these ethical standards. This

is also very important for would-be lawyers, as their understanding of what

constitutes … ethics for Legal Practitioners is … essential … for the sustenance

of integrity and sanctity of the legal profession.56

b. Theory and Practice: The economy of Nigeria is not at its best, with oil prices being at

an all-time low and the entry into the oil market of the Americans and Iranian oils,57 insurgency,

activities of ethnic nationality groups like the Niger Delta Avengers,58 delayed national budget,

the fall of the naira, endemic power outages, scarcity of petroleum products,59 etcetera, a cloud

of uncertainty appears to be hovering over the Nigerian economy. Investments can hardly thrive

in this state of affairs. Businesses are finding it difficult to operate in Nigeria. Like other sectors

of the economy, law practice has been affected, for it can only be said that lawyers make money

when the economy is lubricated. A viable economy makes for viable practice.

In times like this, when reducing workforce seems to be more appealing to employers of labour,

when inflation is hitting hard yet income decreases, when not many are putting their property for

sale in a market where buyers are nowhere to be found, when potential litigants are becoming

wiser (many preferring the quick fix option before security agents), and yet more lawyers are

being called to the Bar and enrolled each year, the lawyers vineyard appear potentially

threatened.

6. Way Forward:

In times like this, what is the way forward for the Nigerian lawyer? Hard work, industry and

ingenuity are like torch light that can be used to illuminate the way and find direction in the

dark. There is need for lawyers and law students who are determined to make a difference in the

legal profession in the face of the present day economic realities to embrace hard work, show

industry spiced with ingenuity.

It would appear that as soon as a lawyer is called to the Bar, he launches himself into the legal

profession. The resultant effect is that one ends up having a profession made up of largely

general practitioners, thereby having a crowd in a colony all struggling to have a reach from too

little. Specialisation takes a practitioner from the crowd and places him on a higher level with

wider vista of opportunities. Specialisation opens up the profession and potentially opens up the

practitioner to new area of practice where he becomes an expert.

Closely related to specialisation is diversification. There is need for lawyers to diversify. While

one may admit that the legal profession is like a jealous wife, the profession does not prohibit

practitioners from venturing into other areas of productive ventures while still practicing law. A

legal practitioner, whether in government employment or private engagement, can freely engage

in farming activities,60 and investment in stock and bond. A legal practitioner, besides his

practice of law, may freely engage himself in any other form of business enterprise. He can

56 Ekanem, “Ethics in the Legal Profession”, op cit. 250-251. 57 Considering that until lately, America was about the biggest purchaser of Nigeria’s oil. 58 In the past months these group has directed its efforts at blowing up oil installations in the Niger Delta regions

despite the Federal Government ostensibly seriousness in cleaning the region of oil spill in line with UN mandate. 59 For several months now Premium Motor Spirit, petrol, is being sold at prices ranges from N200 to N350. 60 Part 1 to the Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999.

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combine his law practice with trading, management of company, e-businesses, any form of part

time engagement as allowed by law,61 etcetera. Such diversification would potentially attract

additional income to the practitioner in times like this.

The legal profession in Nigeria continues to come under scrutiny.62 The situation has gotten to

where the president of the country, during the Opening of the 2015 All Nigeria Judges’

Conference in Abuja, accused corrupt lawyers and judges of sabotaging the efforts of his

administration at confronting corruption.63 President Buhari, represented by the vice-president,

Osinbajo,64 painted a sordid picture of the situation thus:

As my lords are undoubtedly aware, corruption transfers from public coffers

to private pockets, resources required to deliver social and economic justice.

Government’s attempts to recover such assets in accordance with the law are

often faced with dilatory tactics by lawyers sometimes with the apparent

collusion of judges.

These tactics are often not directed at reaching any conclusion or affirming

innocence or guilt, but at stalling trials indefinitely, thus denying the state and

the accused person the opportunity of a judicial verdict. I wish to echo the

sentiments of the vast majority of Nigerians in saying that we cannot afford to

continue on this path.65

Furthermore, there has been serious outcry and fingers pointed at some senior lawyers in Nigeria

alleged to have compromised their ethical codes in the course of their practice.66 Admittedly,

there are ethical codes to regulate the practice of law in Nigeria such that if strictly adhered to,

legal practitioners would be insulated from the web of corruption. It would therefore appear that

strict adherence to professional ethics by legal practitioners would greatly increase public

confidence in the profession. To renew public confidence in the art of lawyering and the legal

profession, lawyers, particularly judges found liable of infamous conducts with criminal flavour,

should in addition to being sanctioned by the National Judicial Council, be subjected to the

criminal charges on such conduct.

One beauty of the legal profession has to do with its diversity and fluidity. Legal practitioners

can almost fit properly into any field of endeavour. The argument remains unending as to

61 Ibid. 62 Paul I. Adujie “Nigerian Judiciary: Robotic & Constrictive on Corruption War?” available at

http://www.gamji.com/article6000/NEWS6977.htm, accessed on June 9, 2016; Oluyemisi Bamgbose, Saray Run,

and Nigel Duncan, “Corruption and Ethical Challenges to Legal Professionals” Fordham University, available at

http://www.fordham.edu/info/25022/regulation_of_the_legal_profession_and_judiciary/8370/corruption_and_ethica

l_challenges_to_legal_professionals accessed June 9, 2016; and Aniekem Finbarr, “Woe to Lawyers: Lk. 11: 46”

available at http://www.nigerianlawguru.com/articles/general/WOE%20TO%20YOU%20LAWYERS.pdf, accessed

June 9, 2016. 63 Wale Odunsi, “Buhari Blasts Judges, Lawyers Frustrating his Anti-Corruption War” Daily Post, November 24,

2015, available at http://dailypost.ng/2015/11/24/buhari-blasts-judges-lawyers-frustrating-his-anti-corruption-war/

accessed June 9, 2016. 64 Yemi Osinbajo is a professor of law and a Senior Advocate of Nigeria. 65 Odunsi, op cit. 66 Femi Falana, “Falana slams Nigeria’s senior lawyers, judges; accuses them of frustrating corruption trials”

Premium Times, April 18, 2014 available at http://www.premiumtimesng.com/news/158996-falana-slams-nigerias-

senior-lawyers-judges-accuses-them-of-frustrating-corruption-trials.html, accessed June 9, 2016.; and “Senior

Nigerian lawyer, Rickey Tarfa, arraigned; floods court with over 90 SANs” Premium Times, February 1, 2016,

available at http://www.premiumtimesng.com/news/headlines/198546-senior-nigerian-lawyer-rickey-tarfa-

arraigned-floods-court-90-sans-lawyers.html, accessed June 9, 2016.

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whether law teachers can legally engage in private practice.67 While not attempting to reopen this

argument here, one is tempted to note that while other legal practitioners engaged in other paid

employment, public and private, are entitled to wardrobe allowance, or other such allied peculiar

allowances, one is yet to come by any such benefit for law teachers in Nigeria, who are not only

obliged to teach, mould and mentor young practitioners into the profession, but to also introduce

law students into the dress code of the profession by adhering to a dress code acceptable by the

profession. Furthermore, it would appear that as long as the argument on the legibility or

otherwise, of law teachers to engage in private legal practice continues, law teachers are

distracted. This may potentially affect the quality of input by these teachers. A call is hereby

made for the review of appropriate legislation and Rules to make law teaching worthwhile.

7. Conclusion

This paper has attempted to identify the roles of law and lawyers in the society. It has also taken

an excursion into the process of making a lawyer, with emphasis on the contents of the

curriculum, duration, teaching methodology and the roles of faculties of law, the NUC, the CLE,

and the Body of Benchers. Globalisation has been identified to have influenced the art of

lawyering, and the need for continuous legal education to keep lawyers abreast of new trends and

developments in the profession has been stressed.

The various fields where lawyers can ply their trade have been exposed. This paper brings to

limelight some of the problems that are confronting Nigeria as a developing country, and the

corresponding impact on the economy. Effort is therefore made to identify how the state of the

economy has rubbed on the fortunes of lawyers and the art of lawyering in Nigeria. This work

concludes that although times may be hard and the economy may be harsh, a diligent, ingenuous,

hardworking and industrious lawyer, who is not just conscious of the ethics of the profession, but

plies his trade guided by same, may make a stream out of the desert and honey from the rock.

67 Rebecca Emiene Badejogbin, “Law Lecturers and Private Practice”, CALS Review of Nigerian Law and Practice

Vol. 1(1) 2007 available at http://www.afrilegstud.com/calsreview/PDF/privatepractice.pdf, accessed June 9, 2016;

cf Abdulkarim A. Kana, being a Paper presented by the President of the Nigerian Association of Law Teachers

(NALT) at the 2015 Annual General Conference of the Nigerian Bar Association (NBA) on the 25th of August,

2015 in the International Conference Centre, Abuja. Available at

http://www.nigerianlawguru.com/articles/practice%20and%20procedure/LAW%20LECTURERS%20RIGHT%20T

O%20PRACTICE%20LAW.pdf, accessed June 9, 2016.