Some are of the view that the Nigerian legal profession, is over-regulated. It has several bodies and several layers of regulatory authorities, including the Body of Benchers, the Legal Practitioners’ Privileges Committee, Legal Practitioners’ Disciplinary Committee, General Council of the Bar and the Council of Legal Education. But, despite all this, the profession perceptibly still seems to be in need of regulation. Onikepo Braithwaite and Jude Igbanoi encountered the Vice Chairman of the Body of Benchers, Asiwaju Solomon Adegboyega Awomolo, SAN last week, and he holds the strong view that the legal profession in Nigeria is not over-regulated. He also asserted that there is no rivalry between the NBA and the newly floated Law Society of Nigeria, while he recommends the creation of a Constitutional Court for Nigeria, to decongest the Supreme Court and to timeously dispose of election petition cases. As for the appalling salary of the nation’s judicial officers, the former Attorney-General of Osun State, advocates an immediate upward review
You are the current Vice Chairman of the Body of Benchers. Despite its challenges, it has continued to play its statutory role in the Nigerian legal profession. To what extent should the profession be regulated, as some have complained that the profession is over-regulated with so many regulatory bodies. What is your view?
Regulation of the Legal Profession in Nigeria to confirm with the best practices globally, is mandatory and imperative. The Legal profession stands alone in all professions in the world. It is the only profession. whose members are regarded as learned and honourable. It is the only profession that touches humanity from conception to the end of life, and even after death. For example, once a male egg is fertilised in the womb of the female, there is an obligation for everyone to respect the foetus, and not terminate it. It is illegal to remove foetus after it has become mature, and an issue of law arises concerning the right to life of the newborn baby.
So, throughout vagaries of life until old age when the man or woman passes on, law surrounds him/her. After death, law follows him to the grave, as no one has the right to remove the body or any part of his/her body, without the prior consent of the deceased. His/her words written down as a will, live on, and any alteration results in serious litigation.The properties left behind are also an issue of law, which can only be dealt with as the law dictates. In all these procedures, the Lawyer is at the centre. What caused the death, or how death took the man is a matter for Lawyers to resolve. The wealth of the nation, the international agreements and conventions are the burden of Lawyers. In modern times, when the world has become a global village and technology has broken the barrier of distance, language, colour, etc, the legal profession regulates almost all human affairs, so you need an all round, well trained Lawyer.
The profession, in my view, in this country, is not over-regulated because under the Legal Practitioners Act, the Body granted the right to regulate the practices of the law are the Body of Benchers and the General Council of Bar. Admission to be a Legal Practitioner in Nigeria and cessation to be a Legal Practitioner, are responsibility of the Body of Benchers. The Legal Practitioner Disciplinary Committee (LPDC), is a Committee of the Body of Benchers who enforce discipline with power to remove the name of a Legal Practitioner, and sit in justice to enforce the Rules and Regulations guiding Legal Practitioners in Nigeria. The LPDC may suspend or inflict punishment it considers appropriate for erring Legal Practitioners.
I can testify that, the Body of Benchers is playing its statutory role. Every year, the Body admits well over 4,000 graduates of the Nigerian Law School, as Barristers and Solicitors of the Supreme Court and enrolled to practice in Nigeria.
The Nigerian Bar Association (NBA) is an Association of Lawyers incorporated under Companies and Allied Matters Act. It is a creation of the Statute, but recognised by the Legal Practitioners Act as the Body of Legal Practitioners, with powers under its Constitution and Bye-Laws. The election of its officers is guided by the provision of the Association’s Constitution. It is independent from all statutory bodies.
The Association which is over 120 years old, has, over the years fulfilled its obligation, responsibilities and expectation as a Body of Lawyers. The NBA is represented in General Council of the Bar, National Judicial Council, the Body of Benchers and many statutory bodies. It is expected that the NBA shall fully educate its members on Rules of Professional ethics, and bring to book all such Legal Practitioners who violate the Rules of Professional Conduct handed down by the General Council of the Bar.
There has been a running battle between the NBA and Body of Senior Advocates (BOSAN), both of which you belong to, over superiority and order of precedence. What are the real issues? How is it being resolved? Some believe that this rift may prove to be potentially divisive for the Bar, if it isn’t quickly resolved.
I will not agree with the view that, there were running battle between NBA and Body of Benchers (BOB). There is no basis for such thing. NBA is one member of the Body of Benchers. NBA by the regulation of the BOB, is allowed certain number of representatives. The Body of Benchers is guided by its regulation, rules and other traditions, that had evolved for over 60 years.
In the Body of Benchers, you have the Chief Justice of Nigeria, Justices of the Supreme Court, President and Presiding Justices of the Court of Appeal Divisions, Chief Judges of the States and Federal Capital Territory, Federal High Court, President of National Industrial Court of Nigeria, Attorney-General of the Federation and Attorneys-General of 36 States of the Federation, and very reputable members of the Legal Profession. Members who have served meritoriously for a number of years, are made Life Benchers. That is why the Legal Practitioners Act, regards members of the Body as men and women of the highest distinction in the Legal profession.
What happened recently where the President of the NBA attempted to subordinate the Body under Nigerian Bar Association leadership, was very unfortunate and has never happened in the history of the Legal Profession in country. It was no doubt, as a result of lack of knowledge of the limitation of the rights of NBA in the Body.
The leadership of the Bar Association forgot that the tail does not wag the dog, but the dog wags the tail. In 1992, when the NBA ran into monumental crises whereby it was unable to conduct its election to elect its officers, the Association virtually died. Consequently, conflicting orders were procured from various Courts concerning the management of the Association. The Association could not save itself, and the matter became a national embarrassment to Lawyers and Judges.
The Body of Benchers as the Fathers of the Legal Profession took over the management of the Association, and between 1996 and 1998, the Committee of Chairmen and Secretaries under the supervision of the Body reconciled all warring parties and eventually conducted election of officers, wherein in August 1998, Chief T.J Okpoko, SAN became the elected President of the Nigerian Bar Association.
When people are ignorant of history and the law, there must be infraction and erroneous decisions. That was what happened recently. The real issue has been what I referred to, and I am sure going forward, there will no longer be any issue between the Nigerian Bar Association and the Body of Benchers. The Bar Association cannot be so ambitious, as to wanting to control or override the Body of Benchers. It has never happened before, and I hope no such thing will happen again.
Everyone seems to know now their bounds and ancient landmarks, which cannot, and must not be crossed.
The recently concluded Annual General Conference of the NBA ended with an inclusive AGM. There are accusations and counter- accusations of financial impropriety, with some calling for a comprehensive audit of the Association’s accounts and even investigations by the EFCC. As someone who rescued the NBA after the 1992 Port Harcourt imbroglio, how can we get the NBA working optimally as the voice of the voiceless masses.
What happened at the last Annual General Conference of the NBA, is most unfortunate. It has no precedence in the over 100 years of the Association. It was avoidable, it was not necessary, and it was an embarrassment to many of us who have sacrificed our lives, resources and time for the Association. In our time, we spent our money for the Association.
Regrettably, the matter is still trending on social media, and one really doesn’t know who to believe.
My advice is that, Lawyers need to pay greater attention to the quality of those who aspire to lead the most noble Association of largest number of Lawyers in Africa. The integrity and character evaluation, not popularity, should guide the hearts of members voting. The snag is that majority of members voting are very young Lawyers of less than five years at the Bar. They are in the majority, and the excitement cannot be closely controlled.
A splinter body, the Law Society of Nigeria has re-surfaced. Is it a rival body of the NBA? What level of legitimacy do they have? Should Nigerian Lawyers consider joining such bodies?
I do not agree that a splinter body has been formed, with the Law Society of Nigeria. I know as a fact that the monopoly of the NBA has been challenged, many years even before 1996 to 1998. When we were involved in reconciling feuding members of the Association, we found while we were going round the 47 branches, then all over Nigeria, that there were “Eastern Bar Association”, “Arewa Bar Association” and “Egbe Amofin Odua”, an Association of Yoruba Lawyers. I know these groups and many others still exist, and they do not threaten the primacy of the Nigerian Bar Association.
However, we need to be careful, misappropriation of funds of NBA can lead to underdevelopment.
The Constitution of the Federal Republic of Nigeria supports the formation of Associations, and freedom to be a member is guaranteed. I am aware that the Law Society of Nigeria, is sponsored by eminent and respectable members of the legal profession. The Promoters , I understand, have made efforts to register the Association with the Corporate Affairs Commission, like the Nigerian Bar Association. I do not have any opinion of members of the Body of Benchers on this development, but I know that time will tell.
I do not see the Law Society of Nigeria, as a rival body to the NBA. Rather, a body that will complement the NBA. In the United Kingdom, South Africa, United States and other countries, there are more than one body of persons as Association of Lawyers. They all play their required roles, in the society.
The Constitution of the Federal Republic of Nigeria, is the grundnorm regulating rights to form and belong to Associations. So, anyone is free to belong to any Association of his/her choice. I believe the primary responsibility of any Lawyers’ Association is the promotion of the Rule of Law, and safeguarding the fundamental rights of citizens.
Given the controversies that followed the general elections this year which ended mostly in Petitions, what would be your recommendations for free, fair and rancour free elections in Nigeria?
I have consistently believed that politicians in the National Assembly and State Houses of Assembly have always altered the Constitution to suit their own convenience, hence, the various alterations on political processes with the time lines given to them, all without consideration for the other areas of public interest. These alterations brought upon the operation of the Judiciary, a very heavy burden as an arm of Government.
Many months before 2023 general election, the Electoral Act 2010 and the latter one of 2022 opened a floodgate of pre-election cases that must be completed within 180 days. The Courts had to abandon other cases in their dockets, to attend to them.
Then election petitions that follow the general election, must also be completed within 180 days from the date of the election.
Whereas, every cycle of elections, the number of cases filed as pre-election and post-election matters continue to increase astronomically, yet the number of Judges, the infrastructure of the Courts, the budget for the Judiciary and the attention to the welfare of Judicial Officers remains dormant and uncared for.
My view is that the solution to the problem of political cases taking over our courts, is creation of National Constitutional Court (NCC) whereby, all political and constitutional related matters go to the Constitutional Court. This will free the regular Court to face the interest of the majority of Nigerians, the business community and the economy of the country. The appeals against the decision of the Constitutional Court, will terminate at the Court of Appeal. Indeed, appeals to the Constitutional Appeal Court will be with the leave of the Court. Nigeria is blessed with sufficient Human Resources, to cope with the need of the court.
I recall when National Industrial Court of Nigeria was to be created. It was resisted. Today, we all know the National Industrial Court is a blessing to the country and her citizens.The election matters, will be within the jurisdiction of the Constitutional Court.
Since 2022 January till today, most appeals in the Court of Appeal and the Supreme Court have been put aside for the Courts to attend to political matters. These other causes affect the lives, businesses and well being of the majority of Nigerians. Indeed, the economy of this country is badly affected as many investors avoid Nigerian Judicial System due to undue delay. Most business agreements with foreign investors are deliberately saved for arbitration, or adjudication in Europe or other countries outside Nigeria.
The Supreme Court Bench is seriously depleted, with about 10 or 11 vacancies. Given the pressure and humongous volume of appeals that go to the Apex Court, why is there a delay in appointing new JSCs ?
Naturally, Judges must grow old and retire from the Bench. The reduced number of Justices of the Supreme Court, is a natural occurrence. There remain about 10 Justices of the Court, as at today.
Very soon appeals from decisions of the Election Tribunal and the Court of Appeal, will pour like rain into the dockets of the Supreme Court. Unless there is urgent attention to appointment of Justices, the cases will suffer delay, and many may not be decided within the 60 days stipulated by the Constitution. The Supreme Court of Nigeria, has the largest docket of cases in the Commonwealth.
How do we prevent every case ending up at the Supreme Court, especially interlocutory appeals?
It is at the Supreme Court that its Justices are over-burdened, unduly stressed and stretched by reason of the sheer number of appeals that end up there.
One is embarrassed that in 2023, the Supreme Court is still saddled with causes like landlord and tenancy, mere family disputes, land disputes from remotest villages, and such matters that ought never to get to the Supreme Court. The Supreme Court is a court of law, equity, justice and policy. Its decisions are final, and the workload of its Justices ought not to be over-stretched and abusive, as many have been.
In 2022/2023, the number of pre-election cases that went to the Court were in the region of 500. The Court was bound to attend to every case, as the right to be heard is a constitutional right.
The Courts of Appeal and the Supreme Courts in most Commonwealth countries and America, grant leave for any matter to be heard by the Court.
In 2014/2015, the National Assembly Constitutional Committee recommended the alteration of the Constitution, such that most appeals to the Supreme Court must be with the leave of the Court sitting in a filter session in Chambers, but, this was frustrated by the Executive arm of Government, which did not sign the proposed amendment to the law by the President.
I will support every alteration to the Constitution that limits appeals to the Supreme Court to matters of constitutional interpretation, life sentence, and fundamental right enforcement proceedings only. Other cases shall be terminated, at the Court of Appeal. As at today, there are appeals that have been at the Supreme Court since 2013/2014, including criminal appeals.
While we are considering this issue, it is important to refer to the remuneration and welfare of Judicial Officers, all over the country. It is unthinkable to know that the Honourable Chief Justice of Nigeria earns less than N500,000 per month. Yes, he lives in official quarters that he had been since 2012, and rides in an old Prado Jeep. What is that, to the take home pay of members of the National Assembly and Ministers of the Federal Republic or Government? The Chief Justice earns less than the salary he earned, when he was appointed as a Justice of the Supreme Court in 2011. No annual increment, as is usually found in civil service structure.
There is no attention, paid to the health of judicial officers. Recently, death has dealt with some of best brains in the Judiciary, and no one cared. I know as a fact, as the Vice Chairman Body of Benchers, that the situation is bad and certainly intolerable. The Body of Benchers made good efforts by representation to the immediate past President, but, Federal bureaucracy frustrated meaningful decisions and increase in the salaries and remuneration of judicial officers before the tenure of the administration expired.
The Body of Benchers will not relent, and will soon take up this matter with the new President, with a view to securing better conditions of service and welfare packages for judicial officers all over the country.
What advice do you have for your brother Silk, the new Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, in his new national assignment?
Prince Lateef Olusunkanmi Fagbemi, SAN, is a Life Bencher. He learnt at the feet of the Master. He is one of the finest gentlemen of the Inner Bar. He is cerebral, humble and diligent in his works. We have closely worked together as Lawyers, for over 30 years. Our common root is Aare Afe Babalola, SAN.
I want the AGF to keep the Government within the law, respect the rule of law, subject all Government decisions to the Constitution and the law.
Prince Fagbemi is a man, whom I know fears God, walks within His statute/commands, and is morally unblemished. I don’t need to advice him,š but pray that he succeeds in the office.
