Power Point Professional Ethics

NIGERIAN LAW SCHOOL -PROFESSIONAL ETHICS AND SKILLS
POWERPOINTS
ON
PROFESSIONAL (ETHICS & SKILLS)
NIGERIAN LAW SCHOOL
(2020/2021)
CAVEAT: This compilation is intended to serve only as a Mobile access to the topic from
the Nigerian law school virtual classroom for students who could not access the NLS
Virtual Classroom and the compilers hereby disclaim any malfeasance or misfeasance
arising from the wrongful or unlawful application of the material or information
contained herein.
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TABLE OF CONTENTS
1. (Week 3) Overview of Law in Practice and History of the Legal Profession - 3

2. (Week 4) Regulatory Bodies in the Legal Profession - 12
3. (Week 5) Judicial Officers (Appointment & Discipline) and Discipline of Legal
Practitioners - 20
4. (Week 6) Duties of a Lawyer to Clients - 31
5. (Week 7) Advertisement and Improper Attraction of Business - 35
6. (Week 8) Duty of Lawyer to State, Court, Colleagues and the Profession - 42
7. (Week 9) Basic Drafting Principles and Stages of Drafting - 62
8. (Week 10) Letter Writing, Memorandum, Legal Opinion, Minutes of Meetings,
and Curriculum Vitae - 68
9. (Week 11) Legislative Drafting - 76
10. (Week 12) Rules of Interpreting Statutes - 82
11. (Week 13) Interviewing and Counseling Skills - 85
12. (Week 14) Legal Research and Closing of Files - 93
13. (Week 15) Alternative Dispute Resolution: Negotiation; Mediation
and Multidoor Court House - 98
14. (Week 16) Arbitration and Conciliation - 107
15. (Week 17) Law Office Management - 116
16. (Week 18) Remuneration of Legal Practitioners - 131
17. (Week 19) Legal Practitioners’ Accounts - 147
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(Week 3)
HISTORY OF THE LEGAL PROFESSION IN NIGERIA
BY
ARTHUR ELVIS CHUKWU ESQ.
BACKGROUND
 The history of the legal profession in Nigeria is tied to our history
as a nation.
 In August 1860 Lagos was ceded to the Queen of England.
 As a result, Lagos became a British colony.
 Therefore, all laws applicable in England became applicable to
Lagos.
 And in 1863 the Supreme Court Ordinance was promulgated to
the colony.
 It provided inter-alia:
•“that the laws of England shall have the same force and bead
ministered in this settlement as in England so far as such laws
and such administration thereof can be rendered applicable to the
circumstances of this settlement”.
 The problem of this legal system was that there was shortage of
qualified personnel to man the court.
 There was also shortage of court facilities and other resources.
 This led to the employment of lay-men without the knowledge of
the law to administer the new legal system.
 As at 1862, there were 7 magistrates – 3 were barristers, 2 were
writing clerks, 1 was a merchant and 1 was a commander of the
West Indian Garrison in Lagos.
 To solve this problem, the Supreme Court Ordinance of 1876 was
promulgated for the admission of persons to practice as legal
practitioners in Nigeria.
 Three periods of this history is identifiable.
THE THREE PERIODS OF HISTORY

 1ST PERIOD1876-1914
 2ND PERIOD1914-1962
 3RD PERIODPOST 1962
PERIOD OF 1876-1914
 Three categories of people where allowed to practice law in
Nigeria, viz:
 Professionally qualified legal practitioners.
 Those who have served article and,
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 The Local Attorneys.

PROFESSIONALLY QUALIFIED LAWYERS
 By S.71 of the SC Ordinance of 1876, you must be called to bar or
admitted as solicitor in Britain, Ireland, Scotland, Edinburgh or
Dublin.
 You were given automatic enrolment upon application to the Chief
Justice of Nigeria.
 Almost all of them were barristers.
 Bar exam was introduced in 1872 in England
 Law Society exam was introduced much
THOSE WHO HAVE SERVEDARTICLE
 By S.73 of the Supreme Court Ordinance 1876, these persons
would have served in the law office of a qualified lawyer, in Nigeria
or the Gold Coast, for not less than 5 years
 .In addition, they would have sat for and passed the exams
conducted by persons appointed by the CJ
LOCAL ATTORNEYS
 S.74 of the Ordinance authorized the CJ to appoint them due to
dearth of qualified practitioners.
 They must be fit and proper persons with basic education, good
moral character testified to by a judge or two District
Commissioners
 They would have sat for and passed the exam set by the CJ
 The exam was designed to test their general knowledge on the
principles and practice of law. This was by appointment (not
enrolment) for 6 months which was renewable for another 6
months at a time. Britons, West Indians & few Nigerians were
appointed
 The abuse of the office by the Local Attorneys resulted in the
pressure from qualified lawyers on the CJ to stop their further
appointment.
 The last applicant, J. Osho Davies who was denied, had his
appeal refused by the full court on the ground that the chief
Justices discretion was properly exercised in the circumstance
PERIOD OF 1914-1962
 Under this period practice was restricted to professionally qualified
lawyers, that is, barristers & solicitors
BARRISTERS
 To be a barrister, one needed to join one of the four inns of court in
England namely:
 Middle Temple, Inner Temple, Gray’s Inn and the Lincoln’s Inn,
where he did Bar part one and Bar part two.
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 Educational qualification was WASC.

 The 4 Inns forming the English Council arranged lectures on the
various subjects.
 Attendance to lectures was discretionary.
 Many students took private tuition or subscribed to
correspondence course.
 There were 12 compulsory dinning terms of which there were 4 in
a year.
 Students must pass both bar part one and bar part two and keep
all the dinning terms.
 Thereafter, they are called to bar by the Body of Benchers of the
particular Inn they joined and subsequently enrolled at the
Supreme Court of England.
 If the fellow intended to practice in England, he must take a 3
months post-call practical course and serve pupilage in a law
chambers for one year. Until recently, he paid a fee of 100Guineas
to the head of chambers where he did pupilage.
 No fee is now required.
 He is not to earn any fee in the first 6months of his practice.
Thereafter he can
GRADUATE BARRISTERS
 Though a law degree was not required to join the Inns, there were
people who came in with a degree in law to join the Inns.
 Those of them with second class honors were exempted from Bar
Part One
 So that they read for only 2 years and
 They were started with an enhanced salary scale in Nigeria
against their on-graduate counterparts
BARRISTERS WORK
 The barristers work consists of representing clients in court,
drafting the court processes and giving legal opinions on matters
referred to him by the solicitor.
 A barrister has no direct contact with the clients but is appointed in
the case by the solicitor when it is ripe for litigation.
SOLICITORS
 To be a solicitor, you would need to join a firm of solicitors.
 Minimum qualification was also WASC.
 Training was by the Law Society.
 Training of solicitors lasted for 4 years (2yrs for Solicitors part one
and another2 years for Solicitors part two).
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GRADUATE SOLCITORS
 Though university degree was not required to join the Law Society
to train as a solicitor, there were candidates who acquired
university degree before joining.
 Those with second class honors were exempted from solicitors
part one course so that they trained for only 2 years.
 They were also given an enhanced salary structure in Nigeria
against the non-graduate solicitors.
SOLICITORS WORK
 The solicitor in England is the general legal adviser to the citizens.
 He draws up leases and conveyances. Drafts Wills, prepares
commercial agreements.
 Where a dispute is ripe for court, he appoints a barrister to settle
the pleadings and conduct the case in court.
 He also seek legal advice from the barrister from time to time on
behalf of his clients.
 He pays the barrister.
DEFICIENCIES OF AN ENGLISHTRAINED LAWYER
PRACTICING INNIGERIA
Because these lawyers were trained in England and imported into
Nigeria to practice the profession in a totally different environment, there
were some obvious deficiencies as follows:
1. In England he is trained either as a barrister or a solicitor, and he
practices there as such, while in Nigeria he practices as both.
2. He Studied English textbooks and law reports which at best are
merely persuasive within the Nigerian jurisdiction. For example in
constitutional law, he studied a unitary system of government while
Nigeria is a federation.
3. He had no knowledge of our customary law which is a substantial
part of our legal system.
4. Almost all of them trained as barristers and without university
degree.
5. Most of them did not do the 3 months post-call practical course
which they would have been required to do if they were practicing
in England.
6. They did not engage in the one year pupilage to sharpen their
skills.
7. There was no mandatory course of lecture. Only dinner was
compulsory.
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ABSENCE OF THE 3 MONTHS POST-CALLPRACTICAL

EXPERIENCE
 It must be noted that this particular deficiency did not last beyond
1945 and here is why:
 The Supreme Court Ordinance of 1876 was replaced by that of
1943.The Supreme Court (Civil Procedure) Rules of1945 was
validated by the 1943 Ordinance.
 The 1945 Supreme Court Rules at Order 16Rule 1 provided 3
additional grounds for enrollment of lawyers in Nigeria.
 The Chief Justice of Nigeria may in his discretion approve, admit
and enroll to practice as barrister and solicitor in court any person
who inter alia, had any of the following:
a. He has read in the chambers of a practicing barrister or

advocate of more than five years standing, for at least one
year, or has practiced in the courts of the country in which he
has been called or admitted, for at least two years
subsequent to his call or admission; or
b. He has subsequent to his call to the bar or admission as an
advocate, read in Nigeria in the chambers of a practicing
barrister of more than ten years standing for at least two
years; and finally,
c. He has practiced as a barrister or solicitor in the courts of a
British colony or protectorate for at least two years. These
were the conditions for the admission to practice law in
Nigeria from 1945-1962 when the current new regulations
were introduced.
 To correct the other anomalies, the Unsworth’s Committee was
appointed in April 1959.The committee was composed of the
regional Attorneys General, the Solicitor General of the Federation,
the Legal Secretary of the Southern Cameroons and six
distinguished legal practitioners under the chairmanship of the
Attorney General of the Federation, Mr E.I.G Unsworth
COMMITTEE’S TERMS OF REFERENCE.
 The Committee was mandated “to consider and make
recommendations for the future of the legal education and
admission to practice, the right of audience before the court, and
the making of reciprocal arrangement in this connection with other
countries”.
COMMITTEE’SRECOMMENDATIONS
From the Committees report published in October 1959 the following
recommendations were made:
1. That Nigeria should establish its own system of legal education.
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2. That a faculty of law should be established in Nigeria.

3. That a law school to be known as the Nigerian Law School, to
provide vocational course, should be established in Lagos.
4. That the qualification for admission to legal practice in Nigeria
should be a degree in law of any university whose course for the
degree is organized by the Council of Legal Education and the
vocational course prescribed by the Council (at the school
established by it).
5. That any person graduating in law from a university which has not
accepted the syllabus recommended by the Council of Legal
Education, should be required to take further examination as the
Council mayprescribe.
6. That a Council of Legal Education should be established.
 These recommendations were accepted and translated into law in
the nature of the Legal Education Act of 1962 and the Legal
Practitioners Act of 1962.
 The Law School was set up in 1962 and ran its first 3 months
course for 8 students in a building acquired by the Council at No.
213 Igbosere Road Lagos, from Jan- April 1963.
POST 1962 PERIOD
 In this current period, three categories of people could practice.
 This is traceable in the 1962 Legal Practitioners Act now Cap. L II
Vol.8 LFN2004 at S.24.
 This section defines a legal practitioner to be, “a person entitled in
accordance with the Legal Practitioners Act to practice as a
barrister and solicitor either generally or for the purpose of any
particular office or proceedings”.
THOSE ENTITLED TO PRACTICEGENERALLY
 A person can only practice generally if and only if his name is on
the roll of legal practitioners kept by the Chief Registrar of the
Supreme Court of Nigeria. See S.2(1) of the LPA.
 How then does your name enter the roll? The Act at S.7(1) further
provides that a person shall be entitled to have his name on the
roll if and only if:
a. He has been called to Bar by the Body of Benchers and,
b. He produces a certificate of call to bar to the Chief Registrar of the
Supreme Court.
HOW DOES ONE GET CALLED TO THENIGERIAN BAR
 S.4(1) of the LPA as amended by the Legal Practitioners
(Amendment) Decree No.9 of 1992, states the conditions for call
to the Nigerian Bar as follows.
 A person shall be entitled to be called to Bar if:
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a. He is a citizen of Nigeria.
b. He produces a Qualifying Certificate to the Body of Benchers and,
c. He satisfies the Benchers that he is a person of good character.
Note that non-citizens may now be called to Nigerian Bar if they
satisfy conditions (b) & (c) above. See Decree 8 & 9 of 1992.
PRODUCTION OF QUALIFYING CERTIFICATE
 It is the responsibility of the Council of Legal Education to issue a
Qualifying Certificate stating that a person is a fit and proper
person tobe called to the Nigerian Bar.
 Before this is done, the candidate is required to meet two
conditions as prescribed in S. 5 of the Legal Education
(Consolidation etc) Act as follows:
i. The fellow must be a citizen of Nigerian.
ii. He must have a successful completion of a course of practical
training at the Nigerian Law School Which, ( including the time
spent for the examination at the end, but excluding any interval
between the conclusion of the exams and the announcement of
the result thereof), lasted for a period fixed by the Cildi
 As noted before, non-citizens may now be called to the Nigerian
Bar by virtue of Decree 8 and 9 of 1992.
 Note that 75% attendance of lectures is compulsory, otherwise, the
student will not be allowed to sit for the bar exam.
 Other programs, like the chambers and court attachment, (ie
externship program) and portfolio assessment are also
compulsory.
EXEMPTION FROM COURSE
 The Council is empowered by S. 5(2)(a) & (b) of the Legal
Education(Consolidation etc) Act 1976 to waive the requirement
of attendance of the course at the Law School before issuing a
qualifying certificate.
 This power is very exceptionally exercised under the Professional
Bodies Special Provisions Act of1972 and
 The Professional Bodies (Legal Profession) Exemption Order
of 1973.
 The Council in exercise of its powers has, in Legal Notice NO. 439
of 5thJuly 1989 set out the criteria for exemption from attendance
at the Law School as follows:
THE CRITERIA FOR FULL EXEMPTION
 He must be is a Nigerian citizen.
 He is qualified to be admitted to the law school.
 His qualifying subjects for admission to the Law School includes,
all the core subjects prescribed by the Council of Legal Education.
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 He has acquired knowledge and experience in the practice of the

profession for upwards of 5 years.
 And lastly, at the time he qualified for admission to the law school,
or reasonable time thereafter, he lost the opportunity of doing so
for reasons beyond his control.
CRITERIA FOR PARTIAL EXEMPTION

 Graduates from common law jurisdictions who have been teaching
law in a Nigerian university for upwards of 5 years are exempted
from the Bar part 1 course.
 Secondly, graduates from non-common law jurisdictions who have
taught law in a Faculty of Law in a Nigerian university for upwards
of 10 years are also eligible for exemption from the Bar part
1course. See Legal Notice No. 446 of 3rd
THOSE ENTITLED TO PRACTICE BY VIRTUE
OF OFFICE S.2(3)LPA
a. Attorney General, Solicitor General and Director Public
Prosecution, whether of the Federation or of a State.
b. Such offices in the public service of the Federation or of a State as
the Attorney General of the Federation or of a State, may by order,
specify to be entitled to practice as a barrister and solicitor for the
purpose of that office.
See for example, the offices designated by the Legal Practitioners
Act (Entitlement to Practice as a Barrister and Solicitor) Federal
Offices Order 1963
THOSE ENTITLED TO PRACTICE FOR
THEPURPOSE OF PARTICULAR PROCEEDING
S S.2(2) LPA
“If an application under this subsection is made to the Chief Justice by or
on behalf of any person appearing to him to be qualified to practice as
an advocate in any country where the legal system is similar to that of
Nigeria, and (he) is of the opinion that it is expedient to permit that
person to practice as a barrister for the purpose of proceedings
described in the application, he may by warrant under his hand,
authorize that person, on payment to the Registrar, of such fee not
exceeding fifty naira..., to practice as a barrister for the purpose of those
proceedings”
 You may look at the case of Awolowo v Usman Sarki, Minister
of Internal Affairs and Attorney General of the
Federation(1962) LLR 177 or (1966) NSCC 209.
 Further on the limits to right of choice of counsel, see Nwambe v
State (1995) 3NWLR (pt.384) p. 385;
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 Iboko v C.O.P (1965)NWLR 384;

 Uzodima v C.O.P (1982) 3 NCLR 325;
 Sadikwu v Dalori (1996) 5 NWLR (pt.447)p.151;
 Oyeniran v Egbetola (1997) 5 SCNJ94
 Ceekay Traders Ltd v General Motors Coy Ltd.(1992) 2 NWLR
(pt.222) 132;
 Compare the above cases with the case of Rewane v Okotie-
Eboh (1960)SCNLR 461
 THANK YOU
PROFESSIONAL ETHICS (VIRTUAL CLASS 2020)

PRE-CLASS ASSIGNMENT
Timothy Ebuka, a legal practitioner with the law firm of Humility Chamber
at No.5, Kanta road,Yola. In 2018 he was engaged to represent Alhaji
Ibrahim Ali of No.10 Enugu Road, Yola for recovery of 300 million Naira
balance owed to Alhaji ibrahim Ali by Hakuna matata University Yola,
Adamawa State for the construction of an ultra modern auditorium with
three thousand (3000) sitting capacity which was completed since
February 2017. The matter was before Adamawa State High Court No.5.
On 13th April 2018 when the matter was slated for hearing, he could not
go to court due to ill health. Consequently, he wrote to the court
informing it of this fact.
On 20th September 2018, the court delivered its judgment in the matter
in favour of Alhaji Ibrahim Ali for the sum of 300,000 million Naira.
Answer the following questions;
1. Alhaji Ibrahim Ali having retained Timothy Ebuka as his
counsel,and want his instruction to be in writing, draft the
appropriate letter.
2 Draft the letter that was issued to Hakuna Matata University by

Timothy Ebuka asking for the payment of the sum owed Alhaji
Ibrahim Ali.
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(Week 4)
REGULATORY BODIES IN THE LEGAL PROFESSION
BY
Dr. O. B. AKINOLA
Regulatory Bodies in the Legal Profession

 General Council of the Bar,
 Body of Benchers
 Legal Practitioners Privileges Committee
 Legal Practitioners Disciplinary Committee
 Legal Practitioners Remuneration Committee
Regulatory Bodies cont’d
 Council of Legal Education,
 National Judicial Council,
 Nigerian Bar Association
General Council of the Bar
 Establishment – Section 1 of the Legal Practitioners Act
 Composition:
1) The Attorney-General of the Federation (Chairman)
2) The Attorneys-General of the States
3) 20 members of the NBA, not less than 7 of whom shall be Legal
practitioners of not less than 10 years post call.
Functions of the GCOB
 The Body is empowered to make and revise the Rules of
professional Conduct. S.12 (4) LPA.
 The power to make rules of Accounts to be kept by legal
practitioners. S.20(1) LPA
Body of Benchers
 Establishment: S. 3 of LPA
 Composition:
 The Chief Justice of Nigeria and all the Justices of the Supreme
Court.
 The President of the Court of Appeal.
 The Attorney-General of the Federation and Minister for
Justice.
Composition of BOB Cont’d
 Presiding Justices of the Court of Appeal Divisions
 The Chief Judge of the Federal High Court
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 The Chief Judge of the FCT

 The Chief Judges of all the States
 The Attorneys-General of all the States
Composition of BOB cont’d
 The Chairman, Council of Legal Education
 30 legal practitioners nominated by NBA of which not more than 10
legal practitioners who appear to the Body of Benchers to be
eminent legal practitioners of not less than 15 years post call.
Functions of the Body of
Benchers
 Formal Call to Bar of persons seeking to become legal
practitioners. S.3 (1) LPA
 Issuance of Certificate of Call to Bar. S.4(4) LPA
 Prescription of its own regulations. S.3(5) of the LP Act
Functions of BOB cont’d
 The exercise of disciplinary jurisdiction over members of the legal
profession and aspirants seeking to become legal practitioners.
S.10 (1)(b) of the LP Act.
 By Section 10 (1) (c) of the LPA, they are empowered to take
measures necessary or expedient for maintaining at all times the
traditional values of the legal profession.
 The keeping of 3 dinning terms by aspirants to the Bar.
 Prescription of unblemished conduct as a pre-requisite for Call to
Bar.
 Sponsorship in writing of aspirants by2 members of the Body of
Benchers.
 It consults with the Nigerian Law School with regards to training of
aspirants to the Bar.
 h) Prescribes Annual Practising fees to be paid by legal
practitioners after consultation with NBA. S. 10 (1) (d) of LPA
 i) Exercise oversight over NBA NEC in case of dispute, crisis and
other exigencies
Legal Practitioners Privileges Committee
 Establishment – S. 5 (3) LPA 2004
 Composition:
 Chief Justice of Nigeria who shall be the Chairman
 ii. The Attorney-General of the Federation
 iii. One Justice of the Supreme Court
 iv. President of the Court of Appeal
 v. Five Chief Judges of the States’ High Court
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 vi. The Chief Judge of the Federal High Court

 vii. Five legal practitioners who are Senior Advocates of Nigeria
Functions of the LPPC
 Conferment of the rank of SAN on legal practitioners
 Making rules as to obligations and privileges to be conferred on
SAN
 The body apply sanctions on holders of the rank of SAN as the
case may be
Privileges of Holders of the rank of SAN
 Exclusive right to sit at the inner Bar or front row
 Right to mention an application or motion which is on the list for
mention, and not otherwise listed for hearing out of turn.
LEGAL PRACITIONERS DISCIPLINARY
COMMITTEE
 Establishment: S. 11 of the LPA 2004
 Composition
 A chairman who shall not be either the Chief Justice of Nigeria or a
Justice of the Supreme Court
 2 Justices of the Court of Appeal, one of whom shall be the
President of the Court of Appeal.
 2 Chief Judges
Composition of LPDC cont’d
 2 Attorneys-General, who shall be either the Attorney-General of
the Federation and Attorney-General of a State or 2 State
Attorneys-General
 4 members of the NBA unconnected with either the investigation of
a complaint or the decision by NBA to present a complaint against
a legal practitioner for determination by the committee.
Functions of the LPDC
 The body exercises disciplinary jurisdiction over erring legal
practitioners found in breach of professional conduct.
LEGAL PRATITIONERS REMUNERATION
COMMITTEE
 Establishment.
 S.15 LPA
 Composition of LPRC
 The Attorney-General of the Federation
 Attorneys-General of the States
 President of the NBA
 3 members of the NBA appointed by the NBA
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Functions of LPRC- S. 15(3) LPA

2004
 To make orders regulating generally the charges of legal
practitioners.
 Ascertainment of charges appropriate for any transaction or
activity by the legal practitioner
 Agreements between legal practitioners and clients with respect to
charges.
COUNCIL OF LEGALEDUCATION
 Establishment: S. 1 (1) Legal Education (Consolidation) Act 2004
Composition of CLE
a. A Chairman to be appointed by the Federal Executive Council on
the recommendation of the A.G. Fed
b. State Attorneys-General and in the absence of an Attorney-
General, the State Solicitor-General
c. A representative of the Federal Ministry of Justice appointed by the
Attorney-General of the Federation
Composition of CLE cont’dd.
d. Head of Faculty of law of any recognized Universities in Nigeria,
whose course of legal studies is approved by Council as sufficient
qualification for admission to the Law school.
e. President of NBA
Composition of CLE cont’d
f. 15 persons entitled to practice as legal practitioners in Nigeria of
not less than 10years post call, selected by NBA.
g. The Director-General of the Nigerian Law School.
h. 2 persons who must be authors of published learned works in the
field of law to be appointed by the A. G. Federation.
Functions of CLE
1) Responsibility for the legal education of persons seeking to
become members of the legal profession. S.1 (2) LEA.
2) Continuing legal education for legal practitioners. S.3 LEA.
3) Issuance of Qualifying Certificate to persons qualified for Call to
Bar. S.5 LEA
Functions of CLE cont’d
4) The CLE liaises with the Body of Benchers in matters of training,
policy and conditions for admission to the Bar of aspirants.
5) Prescribed conditions which a Universities must comply with before
its products are eligible for admission into the Nigerian Law School.
6) The Council is empowered to perform incidental matters in
furtherance of its establishment. See OKONJO vs CLE (1979)
Digest of Appeal Cases 28
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National Judicial Council

 Established by S. 153 of 1999 CFRN
 The 3rd Schedule Part 1, paragraph 1 item 20 of the1999 CFRN
Composition of the NJC
 The Chief Justice of Nigeria who shall be the Chairman:
 The next most senior justice of the Supreme Court as the Vice –
Chairman
 The president of the Court of Appeal;
 Five retired justices selected by the CJN from the Supreme Court
or Court of Appeal;
 The Chief judge of the Federal High Court;
Composition of the NJC cont’d
 Five Chief judges of the states to be appointed by the CJN among
the Chief judges of the states and the FCT in rotation for 2 years
 One Grand Kadi to be appointed by the CJN among the Grand
Kadis of the Sharia Court of Appeal to serve in rotation for 2 years;
 One President of the Customary Court of Appeal to be appointed
by the CJN among the Presidents of the Customary Court of
Appeal to serve in rotation for 2 years;
Powers of NJC
 Recommend appointments of judicial officers to the
President/Governors as the case may be;
 Recommend to the President/Governors the removal of certain
categories of judicial officers;
 Collect, control, and disburse all moneys, capital and recurrent for
the Judiciary;
 Advise the President/Governors on any matter pertaining to the
judiciary
Powers of NJC cont’d
 To exercise disciplinary measures over judicial officers;
 Control and disburse all monies, capital and recurrent for the
services of the Council; and
 Deal with other matters relating to broad issues of policy and
administration.
NIGERIAN BAR ASSOCIATION
 The NBA is not established by Statute unlike other controlling
bodies. However it is a registered association and is recognized by
Statute.
 It is a registered association, with the corporate name “Registered
Trustees of Nigerian Bar Association”.
 The NBA is a juristic personality and not a juridical personality.
See Fawehinmi v. NBA (No. 2) 1989 2NSCC 43.
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Membership of NBA
 Every person duly enrolled as a legal practitioner in Nigeria is a
member of NBA
 There are full members and honorary members. S. 4 NBA
Constitution 2015
Aims and Objectives of NBA
 S. 3 NBA Constitution 2015
1) Maintenance of the honor and independence of the Bar
2) Maintenance of the highest standards of professional
conduct, etiquette and discipline
3) Defense of the Bar in its relations with the judiciary and the
executive
Aims and Objectives of NBA cont’d
4. Promotion of the rule of law
5. Promotion and advancement of legal education, continuing legal
education, advocacy and jurisprudence.
6. Improvement of the system of administration of justice, its
procedures and arrangement of court business and regular law
reporting etc.
Exclusive Rights of Legal Practitioners
 Appointment as judicial officers, S. 231 (3)for SC, 238 (3) for COA
& 271 (3) for HC of the 1999 CFRN
 Right of audience in court S. 36 (6) (c) of the 1999 CFRN & S. 8 &
22 (1) (d) of LPA Cap L.11 LFN 2004
 Preparation of documents of Probate or Letters of Administration
S. 22 (1) (d) of LPA
Exclusive Rights of LPs cont’d
 Preparation of land instruments for a fee and convincing S. 22 (1)
(d) LPA,
 Conferment of the rank of Senior Advocates of Nigeria, Section 5
(2) LPA2004 and;
 Appointment as Attorney-General of the Federation or State. S 150
& 195 of 1999 CFRN
Exclusive Rights of LPs cont’d
 Preparation of Statutory Declaration of compliance under CAMA in
incorporation, Section 35 (3) of CAMA
 Appointment as a Notary Public. Sc 2of the Notary Public Act Cap
N141 L.F.N. 2010
Restrictions on the Rights of a Lawyer
 Engaging in business - Rule 7 RPC 2007
 Salaried employment - Rule 8 RPC 2007
 Non-payment of practising fees - Rule9 of RPC 2007
17
 Use of Stamp and Seal – Rule 10 of RPC 2007

Restrictions on the Rights of a Lawyer
 Mandatory Continuing Professional Development Programme
(MCPD) - Rule 11of the RPC 2007
 Annual Practising Certificate - Rule 12 of RPC 2007
Restrictions on SAN
 Sec. 5(8) Legal Practitioners Act
 (2) A Senior Advocate of Nigeria shall not appear as counsel in
any civil case before any superior court of record except with a
junior or another Senior Advocate of Nigeria Rule 2(1) Senior
Advocate of Nigeria(Privileges and Functions) Rules 1990
 He cannot take briefs below N400
 SAN cannot appear in inferior courts in civil cases. See Ijesha vs
Reg’d Trustees of ECWA
Restrictions on Serving and Retired Judicial Officer
 A judicial officer who has retired shall not practice or appear before
a court or judicial tribunal in Nigeria as an advocate. S. 292(2) of
1999 CFRN
 A judicial officer who has retired shall not sign any pleading in any
court.
 A retired judicial officer may practise as a legal consultant and
solicitor.
Restrictions cont’d
 Improper dressing. Rule 45 (2) (b) & (c) RPC
 Public Officers in Public Service. In effect, the current position of
the law is as stated in S. l (PART 1) of the 5th Schedule of the1999
Constitution.
 See the case of Ahmed vs Ahmed (2013) 15NWLR (Pt. 1377)
274
Impersonating a Lawyer
 It is a crime to impersonate a lawyer in whatever form. Section 22
(1) of LPA
 Various ways of impersonating a lawyer are:
 Appearance in court Preparation of land instruments for a fee
 Usage of title exclusive to the profession
 Affixing of the NBA membership stickers etc
2018 GUIDELINES SET OUT BY THE LPPC
for applicants to the rank of SAN.
 10 years post call
 Good character and no pending disciplinary case
18
 Payment of non refundable processing fee of N600,000 for each

application upon submission and processing conferment fee of
N200,000.
Guidelines for SAN cont’d
 At least 4 of the cases should be from the Supreme Court or 3
cases conducted by the applicant from the High Court to Supreme
Court, 5 from the Court of Appeal and 20 should have been
decided by the High Court or Superior Court of Records.
 Evidence of pro bono cases
Physical Inspection of the Law Office
 Physical inspection of applicant’s law offices shall also be carried
out by the committee to ensure that it meets the desired standard.
 Size and quality of the library;
 Quality of office space and other facilities available;
 Number of junior counsel or partners in chambers;
 Number and quality of support staff;
 Maintenance of proper books of accounts.
Guidelines for SAN cont’d
 The applicant must furnish names of six legal practitioners who led
him/her or against whom he appeared in contested cases.
 The applicant must furnish names of ten judges of superior courts
before whom they appeared.
THANK YOU FOR LISTENING

DROP YOUR QUESTIONS PLS
19
(Week 5)
1. APPOINTMENTAND DISCIPLINE OF JUDICIAL OFFICERS

2. DISCIPLINE OF LEGAL PRACTITIONERS
BY
DR. (MRS) NGOZI CHIOKE
OUTCOMES
1. Explain the qualification and procedure for the appointment of
Judicial Officers
2. Discuss and explain the grounds and procedure for disciplining
judicial officers
3. Explain and discuss the legal framework, rules and procedure for
the enforcement of discipline against legal practitioners
4. Explain the professional sanctions for the professional offences
5. Explain the grounds for re-instating the name of a legal practitioner
and the cancellation of the suspension
CONTENTS
1. Appointment of Judicial Officers
2. Removal of Judicial Officers
3. Grounds for removal of Judicial Officers
4. Types of professional offences by lawyers
5. Punishment of lawyers for professional misconduct
6. Re-instatement of a lawyer’s name and cancellation of suspension
7. Disciplinary jurisdiction of the Supreme Court and the Chief Justice
of Nigeria
APPOINTMENT OF JUDICIALOFFICERS
INTRODUCTION
 Meaning of Judicial officers
- Judges and Kadis of superior courts of record >SC; CA; FHC; HC
– FCT & State; NIC; SCA – FCT & States; CCA -FCT & States >
S. 292(1) CFRN AS AMENDED
QUALIFICATION FOR APPOINTMENT
 Depends on the Court >
1. FHC, and HC - FCT & States >10 years post call>
- S. 271(3), S. 256(3), & S. 250(3)CFRN as amended
2. National Industrial Court >
20
- 10 years post call plus knowledge and experience of in the

practice of labour law/matters S. 254B (3) & (4) (Third Alteration)
CFRN
3. SCA - FCT & States – (Kadis) >
(a) Lawyer >10 years post call plus Qualification in Islamic Law
S. 261(3)(a) & S. 276(3)(a) CFRN
(b) non lawyer >Recognized qualification in Islamic law for 10/12
years respectively for SCA of states and FCT S. 261(3)(b) &
S. 276(3)(b) CFRN
4. CCA - FCT & States
(a) Lawyer
- 10 years post call and
- Considerable knowledge and experience in the practice of
customary law
- S. 266 (3)(a) & S. 281(3)(a) CFRN
(b) non lawyer >
- Adequate knowledge and experience in the practice of customary
law
- S. 266(3)(b) & S. 281(3)(b) CFRN
5. Court of Appeal –
- 12 years post call
- S. 238(3) CFRN
6. Supreme Court of Nigeria
- 15 years post call
- S. 231(3) CFRN
BODIES INVOLVED
- NJC – main body that recommends judicial officers for
appointment
- Federal Judicial Service Commission (FJSC) – Federal Court
- State Judicial Service Commission(JSC) – state courts
- Judicial Service Committee – FCT Courts
-
PROCEDURE FORAPPOINTMENT
 NOTE:
- Guidelines for appointment of Judicial Officers >
- Revised NJC Guidelines and Procedural Rules 2014
The steps are >
1. Notice of intention to appoint specific no. of judges is sent >
(a) State Court – Chairman of SJSC to >
 Governor and copy to Secretary, NJC
(b) Court of FCT - Chairman of JSC of FCT to >
 CJN/Chairman of NJC and copy to
(c) Fed Courts - Head of the Federal court to >
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 CJN/Chairman of FJSC and copy toVthe Secretary of NJC

2. Secretary, NJC advises CJN/Chairman NJC on number of Judges
that can be appointed
3. Chairman NJC considers the advise and send notice in writing to
the person in No. 1 on the fate of the exercise
4. Upon receipt, SJSC/JSC of FCT/FJSC calls for expression of
interest from, and request for nomination of suitable candidates
5. Chairman of SJSC/JSC of FCT/FJSC makes provisional short list
of candidates, Circulate the shortlist and request for comments
6. Chairman of SJSC/ JSC of FCT/FJSC places provisional shortlist
to the SJSC/ JSC of FCT/ FJSC for approval
7. NJC Form A is sent to shortlisted candidates to fill and return with
specified attachments
8. Form is filled and returned to the Chairman of SJSC/ JSC of FCT/
FJSC with the documents attached to it
9. Chairman of SJSC/ JSC of FCT/ FJSC tables a memorandum on
each shortlisted candidate before the SJSC/ JSC of FCT/ FJSC for
consideration with the following documents:
- Completed NJC Form A with the documents attached
- Comments from the Judicial Officers, and NBA branches of the
State
- Petitions or protests against any shortlisted candidate Certificate of
Fitness of each shortlisted candidates obtained from government
hospital
- Full SSS report on each candidate
 10. SJSC/ JSC of FCT/ FJSC meets and decides on the names of
the candidates to be recommended to the NJC
- The decision of the SJSC/ JSC of FCT/ FJSC shall be contained in
the minute of its meeting
 11. Chairman of SJSC/ JSC of FCT/FJSC recommends
candidates to NJC via memorandum
 Memorandum shall state
- That Guidelines for appointment of Judges has been duly complied
with
- Particulars of candidates previously presented to NJC for
appointment
 The Memo to be accompanied with >
A. Minute of meeting of the SJSC/ JSC of FCT/ FJSC
B. All documents and materials considered by SJSC/ JSC of FCT/
FJSC before nominating the candidates
C. Proof of establishment of the particular court seeking the
appointment
D. Proof of adequate capital vote in the current budget of the court
22
E. Proof of availability of accommodation, court hall, car, library and

other facilities for the Judicial Officers sought to be appointed
F. A chart showing essential particulars of shortlisted candidates
12. Secretary of NJC shall consult with CJN/Chairman of NJC and
Place the memo on the agenda for next NJC meeting
13. NJC conducts an interview for the shortlisted candidates
14. NJC shall, if satisfied that the rules relating to appointment of
Judicial Officers have been complied with, recommend successful
candidates for appointment to the Governor or President
15. Governor/President appoints Judicial Officer, and send it for
approval by the State House of Assembly/Senate
16. The House of Assembly/Senate ratifies the appointment.
SOME INFORMATION TO BESUPPLIED BY THE CANDIDATE
They are:
1. Particulars of contested cases handled at the High Cts, CA, and
SC
2. Particulars of papers written
3. Details of Annual Bar Conference attended
4. Name of the Branch of the NBA he/she belonged
5. Evidence of payment of practicing fee for five consecutive years
preceding the date of the nomination
DISCIPLINE OFJUDICIALOFFICERS
 Body responsible
- NJC takes disciplinary actions against Judicial Officers
Paragraph 21, 3rd Sch. CFRN
GROUNDS FOR REMOVAL/DISCIPLINING
OF JUDICIALOFFICER
 They include >S. 292 CFRN:
1. Misconduct >
- abuse of office
- recklessness in the use of judicial powers, etc
2. Breach of Code of Conduct >
- Code of Conduct for public officers Code of Conduct for Judicial
Officers
 For instance
- Failure to declare his assets
- False statement in the declaration of personal involvement in
private business, etc
3. Inability to discharge his functions due to infirmity of mind or
body >
 Insanity
 Physical disability or
23
 Other form of ailment that prevents the Judicial Officer from

discharging his duties
4. Attainment of age of retirement
DISCIPLINARY ACTIONS THAT CANBE METTED
TO JUDICIAL OFFICER
 They are:
- Warning
- Suspension
- Compulsory retirement and
- Recommendation for dismissal from office
PROCEDURE FORDISCIPLINING ANDREMOVAL
OF JUDICIAL OFFICER
 Judicial Officer not to be removed from office before retirement,
except as permitted by the Constitution > S. 292(1) CFRN
 Procedure are:
- 1. Complaints are sent to the NJC headed by the CJNA
accompanied by a verifying affidavit
- 2. NJC sets up a committee to investigate the allegation
- 3. The Judicial Officer concerned is:
 notified of the allegation in writing
 afforded reasonable time to react to the allegation
- 4. If allegation is proved, NJC would take the appropriate
disciplinary action
–5. If NJC recommends removal, Governor/President would remove
the Judicial Officer from office
- 6 .If Judicial Officer is head of any court, two third majority vote of
House of Assembly or senate would be required to remove the
Judicial officer
DISCIPLINE OF LAWYERS
INTRODUCTION
 A lawyer should observe a high standard of professional conduct
 A lawyer shall not engage in any conduct which is unbecoming of
a legal practitioner
 See R. 1 of RPC, 2007
LEGAL FRAMEWORK FOR DISCIPLINE
OF LAWYERS
1. Legal Practitioners Act
2. Rules of Professional Conduct 2007
3. Legal Practitioners Disciplinary Committee Rules, 2006
4. Evidence Act, 2011
24
5. Legal Practitioners (Amendment)Act
BODIES SADDLED WITH RESPONSIBILTY

TO DISCIPLINE
1. Legal Practitioners Disciplinary Committee > S.11 LPA
2. Supreme Court > S. 13(1) LPA
3. The Chief Justice of Nigeria >S. 13(2) LPA
4. Disciplinary Committee of NBA
OFFENCES THAT CAN BEPUNISHED
 Four, to wit: S. 12 (1) (a) – (c) LPA
- Infamous conduct in a professional respect
- Conviction by any Court in Nigeria for offences incompatible with
the status of a legal practitioner
- Obtaining enrolment by fraud
- Conduct incompatible with the status of a legal practitioner
INFAMOUS CONDUCT IN APROFESSIONAL RESPECT
 Meaning:
- A serious infraction of acceptable standard of behaviour or ethics
of the profession M.D.P.T v. Okonkwo (2001) 7 NWLR (Pt.
711)206
- Act or omission, which in the opinion of the LPDC is such that will
bring the professioninto disrepute NBA v. Mabawonku (2013)15
NWLR (Pt. 1378) 603 LPDC
 Elements
- Done in the course of a lawyer rendering legal services to a client
Conducts held infamous include:
- Misappropriation of client’s money >NBA V. Edu (2006) 14 NWLR
(Pt. 1000)827
- Obtaining secret commission out of purchase money payable by
client >
- Re Lowe & Le Richie 1978 LT JO 226
CONVICTION FOR OFFENCEINCOMPATIBLE WITH
STATUSOF A LEGAL PRACTITITIONER
 Conditions:
- Offence committed is incompatible with the status or position of a
legal practitioner Lawyer is tried by court with jurisdiction to try the
offence in Nigeria
- Found guilty of the offence
- No pending appeal
- Time for appeal has expired
- No application for extension of time to appeal
25
 Offences that qualified include:

- Offences involving financial dishonesty > Sagoe v. R (1964) 1
ALLNLR 290; R v. Abuah (1962) 1 ALL NLR279
- Offences that endanger the welfare of human beings or society >
e.g. Dealing with Indian hemp, cocaine, armed robbery
OBTAINING ENROLMENTBY FRAUD
 To be enrolled, these conditions must be met > Ss. 4 & 7
LPA
- Nigerian citizenship (no longer essential)
- Possession of qualifying certificate from the Nigerian Law School
- Good character
 Such conducts include:
- Forged law degree certificate
- Misrepresentation by an alien who obtained enrolment under
regulation by Fed. A. G.
CONDUCT INCOMPATIBLEWITH THE STATUS OF
LEGALPRACTITIONERS
 Misconduct that does not fall within infamous conduct but brings
disrepute or dishonour to the legal profession
 Such conducts include:
- Habitual drunkenness in public
- Using very foul language in public
PROCEDURE FORENFORCEMENT
1. Complainant shall forward Written Complaint to any of:
a). Chief Justice of Nigeria
b). Attorney General of Federation
c). President of Court of Appeal/Presiding Judge of Court of
Appeal
d). The Chief Judge of the High Court of the State or the FCT or
Federal High Court
e). The Attorney General of the State
f). The Chairman, Body of Benchers
g). The President, Nigerian Bar Association or Chairman of a State
Branch
2. The person that receives the complaint shall forward it to the
Nigerian Bar Association for investigation
3. The Nigerian Bar Association shall investigate the complaint See
R. 3(1) & (2) LPDC Rules
4. If prima facie case is: Made out, NBA would forward to the
secretary of LPDC:
(a) Report of the investigation with all documents and
(b) Copy of the complaint
- Not made out, complaint terminates
26
- See R. 4 LPDC Rules

5. Parties in the proceedings before the LPDC shall be:
- (a) NBA
- (b) legal practitioner involved
- (c) any other person required by the LPDC or by leave of LPDC to
be joined
 See R. 5 LPDC Rules
6. NBA appoints legal practitioner to prosecute the case at LPDC
7. Where charges are formulated, the Secretary of LPDC shall:
- fix date for hearing and
- serve notice on the legal practitioner concerned and other parties
8. Hearing of the complaint
9. Parties are entitled to submit their written final addresses to the LPDC
10. LPDC gives its direction, dismissing the complaint or punishing the
legal practitioner > R.16 & 17 LPDC Rules & S. 12 LPA
11. Directions of the LPDC are gazetted > R. 20 LPDC Rules
- Exception > directions relating to admonition > see also R. 17
LPDC Rules
PUNISHMENT FORPROFESSIONALMISCONDUCT
 Four types of punishment > S. 12(1) LPA & R. 17 LPDC Rules:
- Strike off that lawyer’s name from the roll of legal practitioners kept
by the Chief Registrar > NBA v. Ndu
- Suspending the lawyer from practicing law for specified period
 Admonition or caution the lawyer Order the lawyer to refund
money or hand over documents in his possession
 Striking off the lawyer’s name from the Roll cannot be punishment
for conducts incompatible with the status of a legal practitioner
APPEALS
 Currently, appeal from the decision of the LPDC goes to the
Supreme Court >S. 10(e) LPA (Amendment) Decree21 of 1994;
S. 12(7) LPA & Okike v. LPDC (No. 2) (2005) 15 NWLR (PT.949)
471
 Appeal to be filed not later than 28days from the date a copy of the
decision of LPDC is served on the lawyer
RESTORATION OF NAME/CANCELLATION OFSUSPENSION
 Application for restoration of name or cancellation of suspension
shall be made to: > S. 14 LPA
- Supreme Court > if the order was made by it or by the Chief
Justice of Nigeria
- LPDC > if it made the order
27
CONDITIONS FORRESTORATION ORCANCELLATION

 Three factors to consider are:
- Gravity of the offence necessitating the striking off or suspension
- Sufficient evidence of genuine remorse by applicant for the period
between striking off/suspension and application
- Whether the applicant has in the intervening years become fit and
proper to be reincorporated as a member of the legal profession
- See R. v. Abuah (Supra); Adesanyav. A.G Fed
DISCIPLINARY JURISDICTIONOF THE SUPREME COURT
 Supreme court has original disciplinary jurisdiction over lawyers
where:
- It is seized of a matter or
- The matter was before another court of record in Nigeria
- A professional misconduct is committed by the lawyer in the
course of handling the matter
 The decision of the Supreme Court shall: See S. 13 (1) LPA
- It can give all the punishments available for professional
misconducts
- Take effect immediately
- The decisions of the Supreme Court is published in the Federal
Government Gazette >Exception - admonitions
DISCIPLINARY JURISDICTIONOF THE CHIEF
JUSTICE OFNIGERIA
 The Chief Justice of Nigeria has original jurisdiction to punish
lawyer for professional misconduct
 The power is limited to suspension of lawyer pending the
determination of the charge by LPDC
 See S. 13(2) LPA
 It can be exercised only:
- Where a charge is pending before the LPDC or
- There is a likelihood of a charge being brought to LPDC for
professional misconduct
 CJN & SC should offer the lawyer opportunity to make written
representations in his defence

THE END
 Thanks for Listening.
 Remain blessed.
 Expecting your questions in areas that you do not understand.
28
ASSIGNMENT
APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS &

DISCIPLINE OF LAWYERS
CLASS TASKS
QUESTION ONE:
Edith Goja is 16 years post call and has been practicing with the law firm
of Messrs Lyan Chambers of Plot 109, Independence Way, Kaduna. Her
life-long aspiration is to be appointed to the bench as a Judge. On 10th
February 2019, the Chief Judge of Kaduna State placed a notice at the
High court notice board, calling for expression of interest by persons
qualified to As be appointed to the Bench as a Judge. In response to
this notice, Edith Goja decided to express her interest.
(a) As Edith Goja, prepare a two page curriculum vitae that you will
submit to the Chairman of the Kaduna State Judicial Service
Commission, High Court Complex, Bida Road, Kaduna.
(b) With relevant statutory authorities, write a legal opinion on not more
than one page on the procedure that would be adopted in appointment
of Edith Goja as a Judge of the High Court of Kaduna State.
(c) Assuming that Edith Goja is appointed as a Judge of the High Court
of Kaduna State, and on 17th of March 2020, she collected the sum of
N200m from Alhaji Dangudu (a Plainitff in a matter before her court) in
order to give judgement in his favour in his case. The Defendant - Eya
Samuel has become aware of this fact and desires that Edith Goja be
disciplined.
(i) Advice him on the step(s) that he should to initiate such disciplinary
action against Edith Goja
(ii) State the procedure to be followed by the disciplinary authority.
(iii) Mention three possible grounds for the removal of a Judicial officer
and identify the ground under which Edith Goja may be removed
(iv) State the possible fate(s) that may befall Edith Goja if she is found
guilty by the appropriate authority.
(c) Briefly explain the case of Elelu-Habeeb & Another v. A. G.
Federation & Others (2012) 13 NWLR(Pt. 1318) 423 as it relates to the
removal of a judicial officer.
QUESTION TWO:
Dele Momodu, a solicitor of 13 years post call was briefed by the Ikenga
family of Anambra State to help them recover the sum of N100,000,000
(one hundred million naira only) owed to them by the Anambra State
Government being the amount outstanding in relation to compensation
payable to them for their parcel of land the Anambra State Government
used to build the Auto Spare Parts Market at Nkwo Awka, Anambra
29
State. In line with the agreement reached through negotiation between

Dele Momodu Esq. and the Legal Adviser to the Anambra State
Government, the first installment of N50,000,000.00 (fifty million naira
only) was paid to the Ikenga family. Dele Momodu Esq remitted
₦40,000,000.00 (Forty Million naira only) to the Ikenga family and used
the remaining N10,000,000.00 (ten million naira only) to pay off the loan
he collected from Zenith Bank Plc.
Assuming that the Ikenga Family learns of the conduct of Dele Momodu,
and wants to have him disciplined for professional misconduct, answer
the following questions:-
(a) State the channels through which the family may lay its complaint
against Dele Momodu?
(b) List the bodies that can discipline a legal practitioner?
(c) Assuming Dele Momodu Esq is to be arraigned, explain the likely
offence(s) he would be charged with?
(d) What other offences does the relevant body have power to hear?
(e) Briefly indicate the procedure to be taken by the NBA upon receipt of
the Complaint?
(f) Itemize in numbered paragraphs the steps the relevant body would
take in order to discipline him?
(g) Assuming Dele Momodu Esq is found guilty, what could be his fate?
(h) Assuming Dele Momodu Esq is objecting to the striking off of his
name by the relevant body, explain to him the step(s) he must take?
(i) Assuming that Dele Momodu has applied for the restoration of his
name to the roll, state the factors that may be considered in deciding the
application?
Dr. (Mrs) Ngozi Chioke
30
(Week 6)
DUTIES OF LAWYER TO CLIENT

1. PRIVILEGE AND CONFIDENCE OFTHE CLIENT. Rule 19 RPC.
 All oral or written communications made by a client in the normal
course of professional employment are privileged. And cannot be
communicated or revealed to a third party by the legal practitioner.\
 THE SCOPE
 May not reveal client’s secret
 Use the confidential information to the advantage of the client
 S. 193 E.A, Provides that the above provisions shall apply to
interpreters and the client of the legal practitioner.
 EXCEPTIONS
 May reveal with the consent of the client after a full disclosure.
 When it is permitted by the RPC, when required by law or a court
order.
 When the confidence is about the commission
 Crime and disclosure is necessary to forestall it.
 A lawyer may reveal such communication when it is necessary to
recover his professional fees
 He may also reveal when defending himself or associates against
an action of wrong conduct or negligence.
LAWYER AS WITNESS FOR A CLIENT.RULE 20.
 Rule 20 of RPC provides that a lawyer should not accept to act in
any contemplated or pending case if he knows or ought to
reasonably know that he or a lawyer in his firm may be called or
ought to be called as a witness in the case.
 However, this rule admits some exceptions. Which are as follows:
 If the testimony relates solely to an uncounted matter i.e non
contentious matter.
 Where the testimony relates solely to a matter of formality and
does not require substantial evidence to oppose it e.g a testimony
as to the procedure for tendering document.
 Where the testimony relates solely to the nature and value of legal
services rendered in the case by the lawyer or his firm to the client.
 But he may testify where the matter relates to the issues listed
under subsection 2
 But under subsec 5 he can testify for other parties and continue to
represent his client except where his testimony will be prejudicial
to his client’s case. See generally Rule 20
31
WITHDRAWAL FROM EMPLOYMENT.RULE 21

 It is the duty of a lawyer not to withdraw from employment once
assumed except for just cause. R 21(1)
 However in the following circumstances he may withdraw from
employment.
 Conflict of interest between lawyer and client
 Where the client insist on an unjust or immoral course in the
conduct of his case. E.g he wants the Lawyer to bribe a judge.
 If he persists in pressing a frivolous case against the lawyer’s
advice.
 If the client deliberately disregard an agreement or obligation to
pay fees or expenses. R. 21(2)
 A lawyer who is withdrawing from employment should give
reasonable notice to the client to enable him get another lawyer. R.
21(3)
 If the withdrawal occurs after full payment of fees, the lawyer
should return the part of the fee that has not been earned. R.21(4)
DEALING WITH CLIENT PROPERTY.RULE 23
 A lawyer is enjoined not to abuse or take advantage of the
confidence reposed in him for his personal gain or benefit. R.23(1)
 A lawyer who collects money or manages property for his client
should report and account for it promptly. R. 23(2)
CALLING AT CLIENT’S PLACE FORBUSINESS. RULE 22
 A lawyer should not call at a client’s house or place of business for
the purpose of advising or taking instructions.
 Exception: special circumstances or urgency.
 Examples of such are, extreme old age, infirmity , client is in
custody e.t.c
DEDICATION AND DEVOTION TOTHE CAUSE OF THE CLIENT.
RULE14
 A lawyer is duty bound to devote his attention, energy and
expertise to the service of his client and subject to any rule or law
to act in a manner consistent with the best interests of the client.
 A lawyer is under an obligation to observe the following:
 Consult with his client in all questions that are not within his
discretion. e.g settlement out of court, granting concessions to the
opposing party See generally R. 14 RPC.
DUTY TO ACCEPT BRIEF. RULE 24
 Rule 24 (1)RPC provides that lawyers are duty bound to accept
brief relating to the area in which they practice, provided the right
fee is paid, except there are exceptional circumstances to the
32
contrary.(The Cab Rank Rule) e.g conflict of interest, contrary to

his religious or moral believe. See Rule 24 generally.
CONFLICT OF INTEREST. RULE 17
 A lawyer while representing his client should not allow his
personal, proprietary, financial or business interest to conflict with
the interest of his client. R. 17 (2)
 Where there exist such conflict of interest a lawyer is duty bound to
disclose such.17(1)
 A lawyer shall not acquire proprietary interest in the cause of
action or subject matter of litigation of litigation which he is
conducting for a client. R. 17(3)
 A lawyer shall not appear as counsel for a client in a matter where
he himself is a party. R. 17(5)
 The above rules also extend to the lawyer’s associates, partners
and affiliates.
REPRESENTING CLIENT WITHINTHE BOUNDS
OF LAW RULE 15
 A lawyers first duty is to uphold the law, this supersedes his duty to
his client, therefore he must refuse to participate or aid conducts
that are unlawful. R. 15(1)
 In his representation of his client a Lawyer must keep strictly within
the law notwithstanding any contrary instruction from the client,
Where the client insist on perpetrating illegality, he must withdraw
his employment
REPRESENTING CLIENT
COMPETENTLY. RULE 16
 A lawyer shall not handle a legal matter which he knows or ought
to know that he is not competent to handle without associating with
a lawyer competent to handle it unless the client objects.
 Handle a legal matter without adequate preparation
 Neglect or abandon a legal matter entrusted to him
 Attempt to exonerate himself from or limit his liability to his client
for his personal malpractice or professional misconduct. R.16.
PROFESSIONAL NEGLIGENCE BYLAWYERS.
 Section 9(1) of the Legal Practitioners Act. Provides that a person
shall not be immune from liability for damages attributable to his
negligence while acting in his capacity as a legal practitioner.
 The Tort of Negligence is therefore applicable to Legal
Practitioners in Nigeria.
33
GENERAL DUTIES OF LAWYERS

 Fiduciary Relationship: the relationship between the lawyer and his
client is fiduciary in nature, a position of trust, therefore lawyer
should at all time be honest, fair and open in dealing with his client.
ASSIGNMENT
DUTIES OF COUNSEL TO CLIENT SCENARIO.
Alhaji maikudi is a well known philanthropist who owns many properties

at Wuse II, Abuja. He discovered that some of his tenants have refused
to pay rents for more than 2 Years. He decided to engage the services
of Mr. Chinedu Okoro, a legal practitioner to take over the management
of the properties. He therefore sent for Mr. Chinedu Okoro to come to his
palatial home at Asokoro, Abuja. Mr. Chinedu immediately rushed to see
Alhaji Maikudi who briefed him and handed over the file containing the
list of the tenants and other information to him.
Immediately after leaving Alhaji Maikudi's house, he went straight to his
friend Abbey and narrated everything that transpired between him and
Alhaji, he even showed him the contents of the file. He thereafter,
solicited the help of Abbey a police officer to forcefully evict all the
tenants from the properties. Upon hearing this, Mrs Cash Madam one of
the tenants went to see Mr. Chinedu Okoro and gave him the sum of
Two Hundred Thousand Naira in order to allow her continue to use the
premises without paying, Mr. Chinedu, accepted the money and then
instructed Abbey not to evict Mrs. Cash Madam.
The following week, one of the tenants named Mr. Bello, a spare part
dealer, sued Alhaji Maikudi for forcefully evicting him when his rent was
yet to expire and claimed damages for the goods that were destroyed
during the eviction. At the hearing of the case, Mr. Chinedu Okoro
represented Alhaji Maikudi and he was also the only witness at the
hearing.However, before the conclusion of the case, Mr. Chinedu in the
open court announced his decision to withdraw from the case on the
ground of non-payment of professional fee.
With the aid of statutory and judicial authorities carefully highlight the
ethical issues in the scenario.
34
(Week 7)
ADVERTISEMENT AND IMPROPER ATTRACTION

OF BUSINESS
By
Iniye L. I. Ikimi
Introduction
 Advertisement by legal practitioners is permissible in the legal
profession in Nigeria only to the extent permissible by the Rules of
Professional Conduct for Legal Practitioners (RPC) 2007.
 A legal practitioner is prohibited by the RPC from influencing to his
advantage, a prospective client’s choice of engaging a legal
practitioner. This is known as improper attraction of business.
Acceptable Modes of Advertisement
 Permissible modes are provided in Rules 39(1) & (4), 40-44 and
46(1) & (3) RPC.
 The advertisement must be fair and proper, and must comply
with the provisions of the RPC. Rule 39(1) RPC.
 Fair and proper advertisement which complies with the provisions

of the RPC includes the following:
 publishing of legal practitioner’s brief biographical or informative
data in a reputable law directory. Rule 39(4) RPC.
 printing of legal practitioner’s informative data on his office
notepapers, envelopes and visitor’s cards. Rule 40 RPC.
 displaying a notice of reasonable size and sober design at the
entrance of, or outside the building where the law office operates.
Rule 41 RPC.
 adding legal practitioner’s professional qualification on any book
or article which he has written for publication. Rule 42 RPC.
 inserting legal practitioner’s change of address, telephone number
or any other circumstance relating to his practice in a newspaper
or journal. Rule 43 RPC.
 publishing in a local journal, a brief and dignified announcement of
his availability to partner with other lawyers in rendering legal
service for a particular or general branch of law. Rule 44 RPC.
 participating in radio or television programme in order to give
information on law to the public. Rule 46(1) RPC.
 writing articles for publications in a journal or book. Rule 46(1)
RPC.
35
 adding legal practitioner’s informative data to a notice prepared by

him for and on the instruction of his client. Rule
 46(3) RPC.
Unacceptable Modes of Advertisement
 Unacceptable modes of advertisement in the legal profession are
provided in Rules 39(2) and 46(2) RPC, and include the following:
inaccurate advertisement of legal practitioner’s practice of law.
 advertisement of legal practitioner’s law practice which is likely
to undermine the legal profession and thus diminish public
confidence in the profession.
 make comparison with or criticise other lawyers, or persons in
other professions.
 write any statement about the quality of his legal work, size
or success of his practice,
 frequent advertisement in newspapers, magazines etc.,
which cause annoyance or irritation to the audience.
 publishes (except in a legal periodical) the particulars of his
practice in court or earnings in respect of a case which is ongoing.
 advertisement in newspapers, periodicals or any publication
where a lawyer offers himself to undertake confidential enquiries.
 publishes legal practitioner’s photograph in any periodical or
sends his photograph to the press for publication.
Improper Attraction of Business
 Soliciting and touting are improper ways of attracting business
or briefs in the legal profession in Nigeria.
 Soliciting is any statement or conduct which a lawyer makes or
does in order to lure a person or group of persons to give a brief
to him.
 Touting is the conscious engagement of a third party (agent) to
secure briefs for the lawyer. See Rule 4 RPC.
 Soliciting may be done directly or indirectly. Rule 39(3) RPC.
 The RPC prohibits lawyers from soliciting or touting for briefs.
Rule 39(3) RPC.
Instigating Litigation
 Legal practitioners should not foment strife or instigate litigation
between people. Rule 47 RPC.
 Thus, a legal practitioner should not –
offer unsolicited advice, except in the instance of close relations
 or trust.
 institute an action in court without the express instruction of the
client acting on his independent judgment.
 search the land registry or other registries for defect with the aim
36
of fomenting strife;
 seek out persons who have suffered one form of damage or the
other caused by another person, in order to advise the former to
seek redress in court.
 follow up or assist some other person to follow up an accident
case with the intention of convincing the victims to employ him to
institute an action in court.
 offer or agree to offer rewards to any person who is in a position
of authority in an office or organisation, to influence the
management of that organisation or office to give briefs to him.
Conclusion
 The legal profession is a conservative one. It tends to avoid
showiness and thus preserve the traditional values.
 Legal practitioners are expected to be sober in character and
action.
 A legal practitioner could be held guilty of professional misconduct
for improper advertisement and attraction of business. Rule 55
RPC.
Next Topic
CORRUPTION ISSUES
Introduction
 Corruption has several definitions.
 It involves dishonest or illegal behavior especially by persons of
influence such as government officials or police officers.
 Lawyer - client relationship: Corruption could mean a fiduciary use
of an office to procure some benefit either personally or for a third
party, contrary to the rights of others.
 The legal profession is a noble one. Thus, legal practitioners
should not aid and abet corruption.
 Legal practitioners should not use their fiduciary relationship with
clients in the wrong direction. Thus, they should not be involved in
money laundering for their clients.
 The responsibility of a legal practitioner under the Money
Laundering (Prohibition) Act 2011 (as amended) shall be
considered.
37
Responsibility of a Legal Practitioner under the

Money Laundering (Prohibition) Act
 Opinion of a legal practitioner, a client’s transaction is suspicious
or inconsistent with the known transaction pattern-
 Extract information from the client as to the source of such funds
and the beneficiary of such funds. Section 6(1)(d) Money
Laundering (Prohibition) Act 2011.
 Prepare a written report on the information extracted, and
 Send a copy of the report to the Economic and Financial Crimes
Commission. Section 6(2)(a) & (c) Money Laundering (Prohibition)
Act 2011.
 Legal practitioner should report immediately to the EFCC any
suspicious transaction of his client. Section 6(2)(c) Money
 Take steps to prevent the laundering of the proceeds of the crime
or illegal transaction. Section 6(2)(b) Money Laundering
(Prohibition) Act 2011.
 Extract information from such client and report to the EFCC
whether the transaction is completed or on-going. Section 6(3)
Money Laundering (Prohibition) Act 2011.
 Keep the records of client’s identity for a period of at least 5 years
after the lawyer - client relationship has ended. Section 7(a) Money
 Both the record of client’s identity and suspicious transaction as
well as the Report to EFCC should kept for a period of at least 5
years after such transaction has ended. Section 7(b) Money
 Transmit the records, on demand, to the Central Bank of Nigeria or
the National Drug Law Enforcement Agency and such other
regulatory authorities, judicial persons as EFCC may specify from
time to time by an Order published in the gazette. Section 8 Money
Exclusion from Liability and Court
Proceedings
 A legal practitioner acting in good faith in respect of his duties
under the Money Laundering Act shall be excluded from civil or
criminal liability and no proceedings (whether civil or criminal)
brought against him shall be entertained by the Court. Section
6(10) Money Laundering (Prohibition) Act 2011.
38
The Court of Appeal Case of CBN v

Registered Trustees of the NBA
 See the Court of Appeal case of Central Bank of Nigeria v
Registered Trustees of the NBA and Anor [CA/A/202/2015].
 The Court held that section 5 of the Money Laundering
(Prohibition) Act 2011 cannot be said to be intended for legal
practitioners who have no business reporting the client/lawyer
relationship to a Minister in charge of Federal Ministry of
Commerce, Trade and Investments.
 It also held that sections 5 and 25 of the Money Laundering
(Prohibition) Act insofar as it relates to legal practitioners must give
way to the provisions of Legal Practitioners Act and Rules made
thereunder.
Conclusion
 Although all communications made by a client to his lawyer are
considered privileged [Rule 19(1) RPC] and generally speaking,
should not be disclosed, there are exceptions. They are provided
in Rule 19(3) RPC and the Proviso to Section 192 Evidence Act
2011.
 Although a legal practitioner is enjoined by the RPC to keep
client’s confidence, the legal practitioner shall not be absolved
from liability where such secret is in furtherance of an illegal
purpose or such secret relates to a fraud that has been committed
by the client.
Thank you for your attention
PRE-CLASS ASSIGNMENT FOR ONLINE LECTURE ON THE

TOPICS:
IMPROPER ATTRACTION OF BUSINESS AND CORRUPTION
ISSUES
SCENARIO:
Mr. Beredugo Amakiri is a young man of 21 years of age. He is
apracticing lawyer andwas called to the Nigerian Bar in November 2019.
He established a sole practitionership type of law office and placed the
office notice on the roof of the storey building where his office is located.
The notice covers a reasonable size of the roof, with very bold
inscriptions so that prospective clients standing far away from the
building could read them without straining their eyes. On the notice are
inter alia the following inscriptions:
39
Beredugo Amakiri & Partners

(Good-practice Chambers)
Consultants in Oil and Gas law, Aviation law, Maritime
law,
Space law, Corporate law, Property law and Family law.
On his office note-papers and visiting cards, Mr. Beredugo Amakiri also
has immediately after his name the following inscriptions: ‘NCE, MTV,
PPMC; and Attorney-at-the-Legal-Profession’as his National Honours
awarded in Nigeria and Professional title respectively.
As a result of the current COVID-19 pandemic ravaging the whole world,
Mr. Beredugo Amakiri wrote a book on the prolonged health implications
of the disease. He added his legal professional qualifications after his
name on the book. In one of the pages of the book (page 7 to be
precise), Mr. Beredugo Amakiri criticized scientists for their inability to
promptly find a cure to the disease, and blamed medical doctors as well
as other health workers for the massive deaths all over the world.
Answer the following questions:

(a)(i). Comment on the appropriateness or otherwise of the place where
Mr. Beredugo Amakiri placed his office notice. Give reason for
your answer and cite relevant provisions of the Rules of
Professional Conduct for Legal Practitioners (RPC) 2007.
(a)(ii). With the aid of relevant provisions of the RPC, comment on the
appropriateness or otherwise of size of the office notice and the
bold inscriptions.
(a)(iii). Are there issues with the inscription or content of the office
notice? Give two reasons for your answer and cite relevant
provisions of the RPC in support.
(a)(iv). Comment on the appropriateness or otherwise of Mr. Beredugo
Amakiri’s National Honours and Professional title which he stated
on his office note-papers and visiting cards.
(b)(i). With the aid of the RPC, and bearing in mind the ethics of the
legal profession, comment on page 7 of Mr. Beredugo Amakiri’s
book.
(b)(ii). Assuming Mr. Beredugo Amakiri’s book made him gain national
popularity, and he began to move from one COVID-19 isolation
centre to another to seek out UK Returnees who have suffered
personal injuries due to the absence of National Centre for
Disease Control (NCDC) officials at some isolation centres or
insufficiently equipped isolation centres, in order to assist them
institute an action against the Federal Government, advise Mr.
Beredugo Amakiri and cite the relevant provision of the RPC.
40
(b)(iii). Assuming one of the UK Returnees is Mr. Beredugo Amakiri’s

client, and he discovers that the client is involved in money
laundering, list two appropriate steps Mr. Beredugo Amakiri
should take as required by the Money Laundering Act 2011 (as
amended).
41
Week (8)
I. DUTIES OF LAWYER TO COURT, STATE, COLLEAGUES

AND PROFESSION.
II. CONTEMPT OF COURT BY LAWYERS.
OUTCOMES:
1. Explain lawyer’s duties to the court, state, colleagues and the
legal profession.
2. Explain and discuss the types, purpose, procedure and
punishment for contempt of court.
DUTY OF COUNSEL TO COURT.
i. Must be punctual to court: Counsel should aim to get to court
about 3o minutes before court sits to enable him compose himself
and possibly rehearse with his witnesses who should also be
advised to come early to court. Where counsel for unavoidable
reason cannot be punctual, he should write to court and the
opposing counsel requesting that the case be stood down or
adjourned to a reasonable time when he is sure to be in court. The
grant of such application is at the discretion of the court.
ii. Must attend all sittings of court unless he had obtained the leave of
the court to be absent.
iii. Must be properly dressed to court. See Rule 36 RPC. For the
proper mode of dressing by members of the profession of both
genders, see Professional Ethics and Skills Handbook.
iv. Must know the correct mode of addressing the judge and
professional colleagues. Supreme Court/Court of Appeal - My
Lords. High Court Judge(Male) - My Lord/Your Lordship High
Court Judge (Female) - My Lady/Your Ladyship
Magistrate(Male and Female) - Your Worship. Note that
Magistrates in Lagos State are addressed as ‘Your Honour’.
See S.352 ACJL Lagos State, 2011. Customary Court Judge -
Your Honour Tribunals - Your Lordship(or ladyship/ lordship if a
female. Legal Practitioner - My Learned Friend.
v. Must know and maintain the correct decorum in Court. See
Rule 36 RPC 2007.
vi. Must maintain a respectful attitude to the court in words and
deed. See Rule 31(1) RPC 2007.
vii. Counsel must be fully prepared to go on with the case and not
seek unnecessary adjournment thereby wasting the court’s
time.
viii. Counsel must conduct his case in logical sequence thereby
assisting the court to follow the case with ease.
ix. Must be candid and fair.
42
x. Counsel should avoid Trial publicity. See Rule 33. A lawyer is

precluded from making extra-judicial statements that are likely
to interfere with or prejudice the fair trial or outcome in a matter
which is still before the court. This refers to both criminal and
civil trials.
xi. Relation with Judges. See Rule 34. A lawyer shall not do
anything or conduct himself in such a way as to give the
impression that his act or conduct is calculated to gain or has
the appearance of gaining special personal consideration or
favour from a judge. A lawyer must display the utmost degree of
discretion in his relationship with the judge.
A solicitor is an officer of the court and owes a duty to the court. He is

a helper in the administration of justice. He owes a duty to his client
but if he is asked or required by his client to do something which is
inconsistent with his duty to the court, it is for him to point out that he
cannot do it and if necessary cease to act. Rule 15(1) and (2) RPC.
Apart from the court, a solicitor owes a duty to the State to uphold the
laws and advise his client to do the same. See Rule 15(2)(b) RPC.
He owes a duty to the other party and his professional colleagues on

the other side to be fair and candid. See Rule 27 RPC. He owes a
duty to the profession to avoid the perpetration of despicable acts
such as would drag the noble and honourable profession into
disrepute.
“It is a mistake to suppose that he( a lawyer) is a mouthpiece of his

client to say what he wants, or his tool to do what he directs. He is
none of these things. He owes allegiance to a higher cause. It is the
cause of truth and justice. He must not consciously mistake the facts.
He must not unjustly make a charge of fraud, that is, without evidence
to support. He must produce all the relevant authorities, even those
that are against him”. Per Lord Denning in Rondel v Worsely (1966) 3
WLR 950
DUTY IN CRIMINAL CASES ( See generally R. 37 RPC, 2007.)
(A) DUTY OF PROSECUTING COUNSEL.
“The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. Rule 37(6) RPC, 2007. The
suppression of facts or the secreting of witnesses capable of
establishing the innocence of the accused is unethical and savours of
unprofessional conduct.” See Rule 37(6) RPC. See also i. Atanda v
A.G 1965 NMLR 225 ii. Layonu v State (1967)1 ALL NLR 198, iii.
43
Odofin Bello v State 1967 NMLR, iv. Enahoro v. The State 1965 1
ALL NLR 125.
The criminal appeal court in England, in the case of R. v Sugarman,
emphasized that ‘the business of the State counsel is fairly and
impartially to exhibit all the facts to the jury. The crown has no interest
in procuring the conviction but that the right person be convicted”.
The court warned that where counsel relies on the real strength of his
case and thinks he can strengthen it by things collateral, in a manner
contrary to the law, he only weakens his case and may prevent a
verdict which ought to be obtained. Where a prosecuting counsel is
aware of any decision of the court favourable to the accused it is
impropriety of him to hide it from the court.
He can however, legitimately do any of the following:
i. If the decision is by a lower court, he may invite the court to
overrule it.
ii. If by a court of co-ordinate jurisdiction, he may either distinguish it
from the case at hand or invite the court to depart from the
decision (by overruling same). See R v. ANANI 13 WACA 196.
A public prosecutor shall not institute a criminal charge if he knows it
is not supported by probable evidence. See Rule 37(5) RPC, 2007.
DUTY OF DEFENDING COUNSEL.
It is the right of the lawyer to undertake the defence of a person
accused of crime, regardless of his personal opinion as to the guilt of
the accused. Otherwise innocent persons, victims only of suspicious
circumstances might be denied proper defence. The lawyer is bound,
by all fair and honourable means to present every defence that the
law of the land permits, to the end that no person may be deprived of
life or liberty but by the due process of law.
DUTY WHEN CLIENT CONFESSES GUILT.
A confidential disclosure of guilt does not require a withdrawal from
the case.
However, if the accused who has confessed insists that he shall give
evidence (of innocence) or that such positive evidence to establish
falsely his innocence shall be called, the barrister must refuse to
represent him. He cannot take part in putting forward a case which on
the prisoner’s confession he knows will be a false one supported by
perjury. See Rule 15(3)(f) RPC, 2007.
The plea of not guilty is a formal plea, which is merely a challenge to
the prosecution to prove its case. Since the prisoner is presumed
innocent till proved guilty, and it is always for the prosecution to prove
guilt, there is no impropriety in fighting to show that the prosecution’s
evidence has fallen short of proof: that is entirely different from being
party to putting before the court a positive defence known to be false.
44
Even where the accused admits the guilt of the charge against him
after the trial has started that should not ipso facto discourage the
defence counsel in the defence of the accused person.
Where the prosecuting counsel fails to discharge his duty to prove
accused guilty beyond reasonable doubt, the defence counsel should
not hesistate in pointing out the lapse on the part of the prosecuting
counselor officer to the court in his address. See Ahmed v C.O.P
(1971) N.M.L.R. 409, Abele v TIV N.A. (1965) N.M.L.R. 425
As to the standard expected of a defence counsel in a murder charge,
See Udo v State (1988) (pt. 82) 316 (supra); Okosi v State (1989)
NWLR 642 (pt. 100) (supra), Udofia v. The State(1988) 7 S. C.N.J
188 (supra); Queen v Uzochukwu (supra).
In Udofia v State, it was held that once counsel accepts instructions in
a murder case, he is expected to give it priority over all other
engagements because it involves a defence of a man on trial for his
life and so he should devote himself to it.
DUTY IN CIVIL CASES.
a. Where a case is hopeless in civil litigation, a lawyer must decline
to bring the action.
‘The lawyer must decline to conduct a civil case when convinced that
it is intended merely to harass or injure the opposite party or to work
oppression’ Rule 24(3) RPC. See also Rule 24(2) RPC, 2007.’
It is an abuse of the process of court to issue a writ knowing that
there is no real cause of action and the legal practitioner may be
required to pay the costs to which his client has been put. See
Cocotton poulous v P.Z Co Ltd (1965) LLR No. 170. Also Lyon & Ors
v Diri relating to the Bayelsa State gubernatorial election.
Where litigation is advised, counsel should refrain from making bold
and confident assurances. More importantly, he should remember the
rules of natural justice that the other party has not been heard.
Where the counsel discovers that the case is hopeless after it has
been commenced, he should advise against its continuance but if the
client insists on it, it is not dishonorable to accept the instruction. See
Re Cooks 1889 5 LTR 407.
DUTY TO EXERCISE PROFESSIONAL COMPETENCE.
Section 9 LPA provides:
(1) Subject to the provision 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 the foregoing subsection shall be construed as preventing
the exclusion or limitation of the liability aforesaid in any case where a
45
legal practitioner gives his services without reward either by way of

fees, disbursement or otherwise.
(3) Nothing in subsection (1) of this section shall affect the application to
a legal practitioner of the rules of law exempting barristers from the
liability aforesaid in so far as that rule applies to the conduct of
proceedings in the face of any court, tribunal or other body.
The solicitor has a duty to devote to the clients business that
reasonable care and skill to be expected from, a normally competent
and careful practitioner.
Degree of “Care and Skill” – “No attorney is bound to know all the
law. God forbid that it should be imagined that an attorney is bound to
know all the law or that an attorney should lose his fair recompense
on account of an error, being such error that a cautious man might fall
into”. See Montriou v Jeffereys 1825” “A solicitor should not be judged
by the standards of a particularly meticulous and conscientious
practitioner, the standard is what a reasonably competent practitioner
would do having regard to the standard normally adopted in his
profession”. See Midland Bank v. Stubb & Kemp 1979 Ch 384.
CASES OF LIABILITY:
a. Giving wrong advice: Otter v. Church Adam Atham & Co. (1953)
Ch 280.
b. Bringing action which is satute barred: Bello Raji v X (a legal
practitioner) (1946) 18 NLR 74.
c. Delay in instituting proceedings so that the action became statute
barred unless client neglected to give lawyer instructions or to put
lawyer in funds: Clayton v Kearsey (1935) 79 SJI 180
d. Delay in entering an appearance or serving defence so that
default judgment is obtained by Plaintiff.
e. e. Failure to prosecute case with due diligence so that case is
struck out for want of prosecution: Fitzpatrick v. Batget & Co Ltd
1967 QWLR 706;
f. f. Failure to make searches in convincing: Allen v Clark (1863) 7
LT7 81 (Solicitor acting for purchaser failed to discover that
property was mortgaged)
g. g. Bringing an action against wrong parties: Salf Alli v. Sidney
Mitchel & Co (1980) AC 1980
h. h. Counsel may be liable to third parties: Ross v. Caunters 1980 1
Ch 207.
Exceptions:
1. Where a lawyer is acting without remuneration he may not be
liable. Section 9(2) LPA.
2. There is no liability for negligence committed when conducting a
case in court e.g failure to call a witness or to cross-examine a
46
witness. See Rondel v Worsley (1967) 1 Q.B. 4477 ALL E.R. 993.
Section 9(3) LPA. The rationale behind this exception which no
other professional enjoys is predicated on public policy, centered
on –
i. The need for lawyers to be fearless and independent in conducting
their case in court.
ii. The possibility of a case being retried all over again in order to
sustain an action in negligence against counsel.
iii. The need to forestall endless litigation as every lawyer who losses
a case will invariably be sued by the client.
DUTY TO FELLOW COUNSEL.
i To treat with respect, fairness, consideration and dignity – Rule
26(1) RPC, 2007. Lawyers are to treat one another with respect,
fairness, consideration and dignity and shall not allow any ill
feeling between opposing clients to influence their conduct and
demeanour towards one another (and even towards the opposing
clients).
A lawyer should endeavor as far as possible to suit the convenience of
fellow counsel when the interests of his client or the cause of justice will
not be injured by so doing.
It is particularly improper for counsel to criticize another or impugn his
motives for taking a weak case or seeking an adjournment. See Iso v.
Eno (1992) 2 N.W.L.R (pt. 590) 204 at pp 217-218 per Tobi J.C.A (as he
then was).
Rule 27 also enjoins lawyers to maintain good faith and fairness
amongst each other.
ii. To keep Promises – Rule 27(2)(a) RPC 2007 A lawyer should
adhere strictly to all express promises to and agreements with
opposing counsel, whether oral or written and should adhere to all
agreements implied by the circumstances or by local customs. See
United Mining Co. v Becher 1910 2 K.B 296 Ex p Hales 1970 2KB
539. Re Hull Country Bank 1879 13 Ch. 261.
iii. To avoid sharp practices – See generally Rule 27(2)(c) 2007. When
he knows the identity of a lawyer representing an opposing party,
he should not take advantage of the lawyer by causing any default
or dismissal to be entered without first inquiring about the opposing
lawyer’s intention to proceed. In the trial of a cause, it is unethical
to allude to the personal colloquies between counsel which cause
delay and promote unseemly wrangling. Ludwig feels 2 causes
contribute to sharp practices (1) the desire to please a revengeful
client and (2) the desire to manufacture costs. See Densa
Engeering Works Ltd v. U.B.N Plc (1991) 1 NWLR (pt. 585) 162 at
47
171 per Salami J.C.A., Kwaptoe v. Isenyi (1999) 4 NWLR (pt. 600)
571 at 574.
iv. Equality of Members – Rule 26(2) RPC, 2007. Rule 38 RPC .
Subject to the rules of precedence all members of the Bar are
equal. This principle involves the explanation that no member of
the Bar irrespective of his rank or title shall regard himself as
superior or inferior to any other member of the Bar.
v. Denigration of the members of the profession is infamous conduct.
See Allison v. General Medical Council
vi. Duty not to covet clients: Rule 27(4) RPC provides that when a
member of the Bar is aware that a person is already represented
by another member of the Bar in a particular matter, he shall not
have any dealing with that person in the same matter without
giving prior notice to the other member of the Bar. The member of
the Bar accepting instructions in such circumstances shall use his
best endeavours to ensure that all the fees due to the other
members of the Bar in the matter are paid.
DUTY TO OPPONENTS:
Duty to be fair and avoid unjustifiable litigation. “The lawyer must
decline to conduct a civil cause or to make a defence when
convinced that it is intended merely to harass or injure the opposite
party or to work oppression or wrong.” See Rule 24(3) RPC, 2007.
In Re Cooke (1889) 5 TLR 407 Lord Esher said: “If a solicitor were
instructed by his client to take proceedings which could legally be
taken but which would to the knowledge of the solicitor, injure his
antagonist unnecessarily, but the client nevertheless instructed
him to go on in order to gratify his anger then, if the solicitor knew
all these, he would be unfair and wrong if he took those
proceedings, although he was acting on instruction in so doing”. A
lawyer is not to take unreasonable or oppressive proceedings in
order to gratify a malicious client. Counsel should refrain from
invective and abusive words even against his opponent. If he
does, the court ought to stop him. “Eloquential Cogniturans male
decdendi subile” (It is dog’s eloquence to undertake the task of
abusing one’s opponent).
DUTY TO THE STATE
i. Duty to uphold the Law (General Responsibility of a Lawyer). Rule
1 RPC, 2007.
A lawyer has a special duty to uphold the law and promote the
cause of justice because he occupies a quasi-official position. See
Waziri v State(1997) 3 NWLR (pt. 496) 689. See also Okaro v
State (1990) 1 NWLR(pt. 125) 128 at 136 where it was held that a
48
counsel in court in a capital trial has a very important and sacred

duty to perform. He owes that duty to not only his client and the
court but also to society at large. It is of the very essence of that
duty that he should promptly take objection to every irregularity at
the trial, be that an irregularity relating to procedure or to evidence
called at the trial.
ii. Duty not to Advise or Assist in Violation of the Law. In
Goodenough v Spencer: (1874) 46 How. Pr. 347 (Howard’s New
York Practice Reports) at pp.350-351: “No attorney or counsel has
right in discharge of his professional duties to involve his client by
his advice in a violation of the laws of the State, and when he does
so, he becomes implicated in the client’s guilt if, when by following
the advice a crime against the laws of the State is committed. The
fact that he acts in the capacity and under the privilege of counsel
does not exonerate him from the well-founded legal principles
which render all persons who advice and direct the commission of
crime guilty of the crime committed by compliance with the advice.
In Myers v Elman (1940) A.C. 282, where a Testator instructed his
lawyer to prepare certain conveyance with intent to evade payment
of duty which the solicitor carried out, an order to the solicitor to
produce the instructions cannot be resisted as privileged
communication.
DUTY TO THE PROFESSION
Rules 1,2,3 & 4 RPC 2007.
Rule 1 (General responsibility of a lawyer) provides that a lawyer
shall uphold and observe the rule of law, promote and foster the
course of justice, maintain a high standard of professional conduct,
and shall not engage in any conduct which is unbecoming of a
legal practitioner. Rule 2 provides that – A lawyer shall not
knowingly do any act or make any omission or engage in any
conduct designed to lead to the admission into the legal profession
of a person who is unsuitable for admission by reason of his moral
character or insufficient qualification or any other reasons. Rule 3
provides that a lawyer shall not aid a non lawyer in the
unauthorized practice of the law or share his legal fees with a non
lawyer except as provided in Rule 53 RPC. He shall also not write
nor sign his name on a document prepared by a non-lawyer, for a
fee, as though such a document were prepared by him. Rule 4 –
He shall not permit his professional services to be controlled or
exploited by any lay agency which intervenes between him and the
client. Charitable societies or institutions rendering aid to the
indigent are not deemed as such intermediaries.
49
Instigating Litigation or Controversy. Rule 47 RPC 2007.

a. It is unprofessional conduct for a lawyer to proffer advice to bring
a lawsuit, except in rare cases where ties of blood relationship or
trust may render it necessary. Fermenting strike or instigating
litigation is unprofessional conduct.
b. Other objectionable matters to be avoided by lawyers include
i. Searching of land titles for defects with a view to employment in
litigation.
ii. Seeking claimants in respect of personal injuries and other causes
of action as possible clients.
iii. Engaging agents and others to follow up on accidents with a view
to employment in legal capacity by next-of-kin and others.
iv. Offering reward to persons likely by reason of their own
employment to be able to influence legal work in favour of a
particular lawyer.
It is in the interest of the profession generally that any such case

should be reported to the Bar Council for disciplinary action. See
Rule 55(2) RPC 2007.
Advertising and Soliciting, Rule 39 RPC 2007.
The RPC permits advertising to some extent. See Rule 39 which
provides as follows:
(1) Subject to paragraphs (2) and (3) of this rule, a lawyer may
engage in any advertising or promotion in connection with his
practice of the law provided:
(a) It is fair and proper in all the circumstances
(b) It complies with the provisions of these Rules.
(2) A lawyer shall not engage or be involved in any advertising or
promotion for his practice of the law which:
(a) Is inaccurate or likely to mislead,
(b) Is likely to diminish public confidence in the legal profession, or the
Administration of Justice, or otherwise bring the legal profession
into disrepute.
(c) Makes comparison with or criticizes other lawyers or other
professions or professionals,
(d) Includes statement about the quality of the lawyers work, the size
of success rate or;
(e) Is as frequent or obstructive as to cause annoyance to those to
whom it is directed.
(3) Notwithstanding the provisions of paragraph (1), a lawyer shall not
solicit professional employment either directly or indirectly. (a) By
circulars, handbills, advertisement through touts or by personal
communication or interview. (b) By furnishing, permitting or inspiring
50
newspaper, radio or television comments in relation to his practice of

the law; (c) By procuring his photograph to be published in connection
with matters in which he has been or is engaged or concerning the
manners of their conduct, the magnitude of the interest involved or
the importance of the lawyers position. (d) By permitting or inspiring
sound recordings in relation to his practice of law; or (e) By such
similar self-aggrandizement.
(4) Nothing in this rule shall preclude a lawyer from publishing in a
reputable law list or law directory, a brief biographical or
informative data of himself including all or any of the following
matters:
(a) His name or names of his professional association.
(b) His address, telephone number, telex number, e-mail address etc.
(c)The school, colleges or other institutions attended with dates of
graduation, degree and other educational or academic
qualifications or distinctions. (d) Date and place of birth and
admission to practice law; (e) Any public or quasi-public office,
post of honour, legal authorship etc. (f) Any legal teaching position;
(g) Any National honours; (h) Membership and office in the Bar
Association and duties thereon; and (i) Any position held in legal
scientific societies.
See also:
Rule 40 which permits practitioner’s name and address on note
papers, envelopes and visiting cards.
Rule 41 which also permits practitioner’s name and address on
signs and notices.
Rule 42 permits practitioner’s name and qualifications in an article
or book for publication.
Rule 43 permits notice of change of address sent to clients.
Rule 44 permits a lawyer to send to other lawyers in his locality
and also publish in his local journal, a brief and dignified
announcement of his availability to serve other lawyers as
associates and consultants.
Rule 46(1) A lawyer may write articles for publication, or participate
in radio and television programmes in which he gives information
on the law, but shall not accept employment from any such
publication or programme to advice on inquiries in respect of their
individual rights.
(2) A lawyer shall not –
(a) insert in any newspaper, periodical or any other publications, an
advertisement offering as a lawyer, to undertake confidential
enquiries;
51
(b) write for publication or otherwise cause or permit to be published

except in a legal periodical, any particulars of his practice or
earnings in the courts or cases where the time for appeal has not
expired on any matter in which he has been engaged as a lawyer;
and
(c) take steps to procure the publication of his photograph as a lawyer
in the press or any other periodical.
(3) Where a lawyer is instructed by a client to publish an
advertisement or notice the lawyer may put his name, address and
his academic professional qualifications.
Miscellaneous Duties:
Duty to take notes. Counsel should take his own personal notes of
the evidence, submissions and rulings in the case in which he is
counsel.
(1) He will need to know what one witness said so that he can “put”
his evidence to the witness for the opposing party when
necessary.
(2) He will need the note of a witness evidence during his
examination in chief for purposes of cross-examination of that
witness and/or other witness.
(3) He will need to be able to review all the evidence that has been
given in his final submission.
(4) He will need the notes of evidence to determine the accuracy of
record of proceedings made by the judge for the purpose of
appeal.
CONTEMPT OF COURT BY LAWYERS.
See generally “The Law of Contempt in Nigeria” by Chief Gani
Fawehinmi, Nigerian Law Publications Limited (1980) 2 – 27. See
also Professional Ethics and Skills Practice Handbook, Council of
Legal Education, Nigerian Law School.
MEANING OF CONTEMPT.
The essence of contempt is action or in action amounting to an
interference with or obstruction to or having a tendency to interfere
with or obstruct due administration of justice. See Awobokun v
Adeyemi (1968) NMLR 289 at 294.
“It is perhaps necessary to say that generally speaking criminal
contempt consists of words or acts which obstructs or tend to obstruct
or interfere with the administration of justice…on the other hand, civil
contempt is in fact contempt in procedure, consisting of disobedience
to the judgments, orders or other processes of court, and involving
private injury.” Per Aguda C.J in Afe Babalola v FEDECO &
Adegborioye Suit No. AK/M4/77 of 21/2/78.
52
Contempt of court is usually classified either as (i) Criminal contempt,

consisting of words or acts obstructing, or tending to obstruct or
interfere with the administration of justice or (ii) contempt in procedure
otherwise known as civil contempt consisting of disobedience to the
judgments, orders or other processes of the court, and involving a
private injury. See Obiekwe Aniweta v The State FCA/E/47/78
(i) Language or behavior which is outrageous or scandalous or
which is deliberately insulting to the court is punishable as
contempt in the face of the court.
(ii) Comments whether orally spoken or written scandalizing the
court is contempt.
(iii) Publication in a newspaper or an article containing scurrilous
personal abuse of a judge, with reference to his conduct as a
judge in a judicial proceedings which has terminated is a
contempt of court.
(iv) Allegations of partiality made against the judge which are
probably the most common way in which the court has been
held to be scandalized, are treated very seriously as contempt
because they tend to undermine confidence in the basic
function of a judge.
It is not possible to particularize the acts which can or cannot
constitute contempt in the face of the court. See Agbachom v The
State (1970) 1 ALL NLR 69.
It is not every act of discourtesy to the court by counsel that amounts

to contempt, nor is conduct which involves a breach by counsel of his
duty to his clients necessarily amount to contempt. See Izuora v
Queen 13 W.A.C.A 313.
An article or publication in a newspaper that scandalizes or calculated

to bring the Court to disrepute amounts to contempt. See R. v
Thomas Horatius Jackson 6 N.L.R 49-55. See also Obiekwe Aniweta
v The State, supra.
Any publication in any newspaper which is likely to prejudice the fair

trial of any person is contempt of the court. See R. v Ojukoku 7 N.L.R
60-63. See also K.O.A. Koki v G.T.E. Grands Travaux De L’est Nig.
Ltd. FRC/L/81/78 of Monday the 16th July, 1979.
Any publication in a newspaper misrepresenting proceedings of a

court is contempt under section 133(4) of the Criminal Code. See Dr.
Ola Oni v AGF & 4 Ors in RE THE CONTEMPT COMMITTED BY: (1)
53
Edward Aderinokun (2) Ayodeji Adekunle LD/739/70 reported on

page 140 of “J.I.C Taylor through the cases.
” Every writing, letter or publication which has for its object to divert
the course of justice is a contempt. A threatening letter must be
considered as having equally that object, whether addressed to a
suitor seeking justice, to a judge or an officer of the court. See
Oluyemi Adekoya v L.K. Jakande LD/1138/76 on Friday the 9th of
December 1977 at the Lagos High Court per Y.A.O Jinadu. J
Any publication in a newspaper calculated to obstruct the course of

justice is a mischievous, despicable and inexcusable contempt as it is
capable of destroying the very foundation on which the judicial
system is built. See R v Service Press Ltd. 20 NLR 96.
An article in a Newspaper alleging an imaginary discussion (by a

judge or magistrate) with a political agent of a political party on how
he will deal with members of another political party by inflicting
maximum punishment on such members is capable of shaking the
confidence of the public in the administration of justice and it amounts
to contempt of court. See R. v Onwuegbuna and Associated
Newspaper Limited 1958 Eastern Nigeria Law Reports page 17.
Persons who swear to affidavits accusing a judge of aiding members

of a political party or of helping a political in order to pervert the
course of justice, impugn the integrity of the of the bench by polluting
the administration of justice and such persons are guilty of contempt.
See A-G v Chief Samuel Taiwo Oredein & 11 Ors in Re Asani
Odumuyiwa Applicant Charge No. J/19C/65 of Thursday 29th July
1965 per Hon. Mr. Justice M.O. Oyemade Ijebu-Ode High Court.
A lawyer who prepares a contemptuous affidavit for deponent is

equally if not more seriously guilty of contempt of court. See A-G v
Chief Samuel Taiwo Oredein & 11 Ors, supra.
It is contempt of the Court to resort to disrespectful conduct,

continued interruptions and disturbances in the course of a trial in
court. See Nunku v I.G.P 15 W.A.C.A. 23-25. Every private
communication to a judge for the purpose of influencing his decision
upon a pending matter and whether or not accompanied by the offer
of a bribe or by personal abuse, is a contempt of Court as tending to
interfere with the course of justice. See Awobokun v Adeyemi (1968)
NMLR 289 at 294.
54
It is contrary to the practice of all courts of justice, unfair to an

adversary, and a contempt of court for a suitor, under any pretext
whatever to communicate with a judge, except by public proceedings
in open court respecting the merits of any case which is either
pending in the court of such judge or likely to come before him. See
Awobokun v Adeyemi, supra.
Disobedience to court’s order is serious contempt of court. See Afe

Babalola v FEDECO, supra.
Mere disrespect of a court may not amount to contempt. See

Awosanya v Board of Customs (1973) 1 ALL NLR 106.
“Wilful breach of an order of injunction amounts to criminal contempt”.

Per Hon. Justice T.A. Oyeyipo in KWS/56/1978 in The State v Hon.
Justice A.A.M. Ekundayo & Anor. Delivered on 3/8/78. Disobedience
of a court’s order of injunction amounts to civil contempt but it is no
less serious than a criminal one for unless the court’s orders are
obeyed the administration of justice is in great jeopardy. The
administration can only be effective if it has a means of enforcement
or a means of punishment for those who disobeyed it. Per Hon.
Justice M.B. Belgore on Friday the 27th October 1978 in FRC/L/10/77
in American International Security and Telecommunication Systems
Nigeria Ltd. v Eugene Peterson & Anor
It is not contempt of court to fail to satisfy a judgment for the payment

of money simpliciter. See Police v Salami Apampa M/42/68 reported
on page 110 of J.I.C Taylor ‘Through the cases.’
Contempt can be committed in the face of a court engaged in judicial

proceedings which were a nullity for want of jurisdiction, for the test is
not whether the court was hearing at the time of the contempt valid
proceedings. See Agbegende v Ilorin N.A (1968) NMLR 144.
A court has power to punish for contempt a litigant who issues a

subpoena on a member of the of the Bench to testify in a cause part
heard by him with an intention to obstruct the course of justice. See
Noibi v Noibi HD/17/69, J.I.C Taylor through the cases 30.
Contempt could either be in the face of the court (in facie curiae) or
outside the court (ex facie curiae). Contempt in facie curiae has no
closed category and examples in such instance are many. But
broadly it is word spoken or act done within the precincts of the court
55
which obstructs or interferes with due administration of justice or is

calculated to do so, for example ex facie curiae it may be described
as words spoken or otherwise published or acts done outside court
which are intended or likely to interfere with or obstruct the fair
administration of justice. See In Re: Dr. Olu Onagoruwa
FCA/E/117/79 delivered on 5/2/80.
PROOF OF CONTEMPT.
Since a contempt of court is an offence of a criminal character, it must
be proved beyond reasonable doubt. Therefore, where there are two
equally likely possibilities open to the court when considering the act
complained of, it is not proper to hold that the offence of contempt
has been proved beyond reasonable doubt. See Agbachom v The
State, supra, Awobokun v Adeyemi, supra, The State v Hon. Justice
Ekundayo, supra.
A civil contempt arising from a breach of an order of injunction must
nonetheless be proved beyond all reasonable doubt as in a criminal
proceeding. See American International Security and
Telecommunications v Eugene Peterson, supra.
Lack of intent, however, does not render a contempt innocuous. R v
Service Press Ltd. 20 N.L.R 96 at 98.
Deliberate disobedience to the order of Court is proof of Mens
Rea: See Chief M.A. Adegborioye v Afe Babalola FCA/B/147/78 of
Thursday 19th July, 1979.
To establish contempt of breach of an order of injunction, the
following elements must be established namely:-
i. The terms of the injunction must be clear and unambiguous.
ii. It must be proved that the defendant has had proper notice of the
terms of the injunction.
iii. There must be a positive proof that the terms of the injunction have
been broken.
Where an alleged contempt arises from the breach of an order
made in favour of a party,
It is a good answer if it can be shown that the party complaining of
the contempt has waived it, although such a defence would not, of
course, avail a person charged with Criminal contempt. See Kwesi
Enimil v Kwesi Tuakyi 14 W.A.C.A at pg.2
Unintentional disobedience of a court order may be treated as a
minor matter of civil contempt leading to both acquittal and
discharge of the alleged contemnor. See Awosanya v Board of
Customs(1975) 1 ALL NLR 106
Questions of motive or intention are not relevant in establishing a
case of contempt. See Stericon (Nig.) Ltd v Downs (Nig.) Ltd. Suit
No FRC/L/M83/76 of 27/5/1977.
56
PROCEDURE
In initiating proceedings of this nature, it has been the guided principle
as set out in OSWALD on Contempt Committal that it should always be
borne in mind in considering and dealing with contempt of Court that it is
an offence purely sui generis, and that its punishment involves, in most
cases, an exceptional interference with the liberty of the subject, and
that, by a method or process which would in no other case be
permissible or even tolerated. It is highly necessary, therefore, where the
functions of the Court have to be exercised in a summary manner, that
the judge in dealing with the alleged offence should not proceed
otherwise than with great caution and only in cases where the
administration of justice would be hampered by the delay in proceedings
in the ordinary courts of law;
And that when any antecedent process has to be put in motion, every
prescribed step and rule, however technical, should be carefully taken,
observed, and insisted upon. The jurisdiction should be exercised the
more carefully in view of the fact that the defendant is usually reduced,
to such a state of humility, in fear of more stern consequences if he
shows any recalcitrance, that he is either unable or unwilling to defend
himself as he might otherwise have done.” See Boyo V The State (1970)
1 ALL NLR 318 at 319-320. See also, Okwuosa v Okwuosa (1973) Law
Reports of Eastern States of Nigeria volume 3, (Part 1) 75.
It has been established that no person shall be punished for contempt

of Court, which is a criminal offence unless the specific offence charged
against him be distinctly stated and an opportunity of answering it given
to him. See Obiekwe Aniweta v The State supra and Awosanya v Board
of Customs supra.
A judge in a contempt proceeding must not put himself in a position of a

prosecutor and at the end of it all purporting to find a person guilty of an
offence not described or formulated and dealt with as provided by law.
See Deduwa v The State (1975) 1 ALL NLR 1.
A court can deal summarily with cases of contempt in the face of the
court and by the very special Judicial Officer in whose presence the
offence was committed but in cases of Contempt not committed in the
face of the Court, the Court has two options: firstly there may be cases
where the offence should be dealt with summarily but such hearing must
be conducted in accordance with cardinal principles of fair process; and
the case must be one in which the facts surrounding the alleged
contempt are so notorious as to be virtually incontestable; secondly, in
57
most cases, the proper procedure of apprehension or arrest, charge

prosecution etc must be followed.
Where a contempt is not committed in the face of the court, a judge who
has been personally attacked should not as far as possible hear the
case. See Awobokun v Adeyemi supra.
An accused person in a case of contempt in the face of the court should

be given an opportunity of being heard before he is punished. See
Queen v His Worship, The Senior Magistrate(Ubiaja) M/6/63.
Criminal contempt is an offence triable summarily without a jury. In the

case of contempt in the face of the court, the offender may be committed
instantly, and no notice of formal institution of proceedings is necessary.
The contempt must be stated distinctly, and an opportunity of answering
given. See Obiekwe Aniweta v The State, supra.
If a trial court wishes to deal with a case of contempt in the face of the
court summarily he should put the accused, not in the witness box, but
into the dock and ask him to show cause why he should not be
convicted. He should not be compulsorily put into the witness box as that
offends against Section 22(9) of the 1963 Constitution (now Section 36
sub-section 11 of the 1999 Constitution) which reads: “No person who is
tried for a criminal offence shall be compelled to give evidence at the
trial.” See Deduwa v The State (1975) 1 ALL NLR 1-17, Agbachom v
The State, supra.
A judge in contempt case cannot exercise his power both under Section
6 of the Criminal Code Law and also under Section 133 of the Criminal
Code. If a contemnor is being tried under Section 133 of the Criminal
Code, he should be tried before a different Court. See Agbachom v The
State(1970) 1 ALL NLR 29 at 79.
Warrant of arrest for contempt of court issued by a court to another state

jurisdiction can be questioned, therefore any order of committal arising
from a Court outside the “home Court” has to be registered in the “home
court” before it can be executed in Civil Proceedings. See Police v
Salami Apampa M/42/68 reported on page 110 of J.I.C Taylor “Through
the cases”.
Failure to serve on the judgment debtor the original formal order drawn
up and signed by the judge, is fatal to the application. Enwelum v
Ekwesie (1966-67) 10 E.N.L.R 14
58
Private prosecution can be brought for contempt under Section 133(8) of

the Criminal Code for a refusal of the contemnor to obey an order of
court to quit land. See Adu v Lasisi (1970) 1 ALL NLR 304.
Court has power to punish for contempt committed in its face summarily
without any charge or trial under section 6 of the Criminal Code Act but
the exercise of such power is different from an offence under Section
133 of the Criminal Code which requires the normal procedure of a
charge, plea trial and verdict. See Nunku v I.G.P 15 W.A.C.A
All applications to commit for contempt for breach of court’s order must
strictly comply with all the requirements prescribed by applicable law.
See Rhodes v Obiyan ID/79/76L of 27/1/78 by Justice J.O.
Beckley Natural justice demands that before anyone is committed for

contempt, he must be informed of the details of the contempt and must
be given an opportunity to make an answer and defence. See Re Dr.
Olu Onagoruwa, supra.
JURISDICTION OF COURT TO PUNISH FOR CONTEMPT
For the purpose of punishing for contempt, the Magistrate Court is a
Court of Record and as such has the power to punish summarily for
contempt committed in the face of the court. See Nunku v I.G.P 15
W.A.C. A 23-25.
The High Court has inherent jurisdiction to punish criminal contempt

summarily but the power should be exercised with the greatest caution.
See Awobokun v Adeyemi (1968) N.M.L.R 289.
The inherent power to fine and imprison for contempt is not retained for
the personal aggrandizement of a judge or whoever mans the court. The
power is created and maintained and retained for the purpose of
preserving the honour of the court. See Deduwa v Okorodudu (1975)
S.C
“Nothing in this Act or in the code shall effect the authority of courts of
record to punish a person summarily for the offence commonly known as
contempt of court; but so that a person cannot be so punished and also
punished under the provisions of the code for the same act or omission.”
– Section 6 of the Criminal Code Act.
Whether the contempt is in the face of the court or not in the face of the
court, it is important that it should be borne in mind by judges that the
court should use its summary powers to punish for contempt sparingly. It
59
is important to emphasize the fact that the judges should not display
undue degree of sensitiveness about this matter of contempt and that
they must act with restraint on these occasions. See Boyo v A.G of Mid-
West (1971) 1 ALL NLR 342.
Please read the provisions of Section 133 of the Criminal Code Act.
The purpose of punishment for contempt is to preserve the dignity of the

court and the right of the court as the arbiter to try all cases but the
courts must be cautious and avoid overreaction otherwise administration
of Justice itself would be on trial. See In Re: Dr. Olu Onagoruwa, supra.
CONVICTION FOR CONTEMPT
Committal for contempt is a conviction. See Obiekwe v Aniweta, supra
In a case of contempt, it is a “conviction” to order the ‘contemnor’ to

enter into a bond to be of good behavior. See Awobokun v Adeyemi,
supra.
It is a conviction to be ordered to be kept in prison until one purges his

contempt of the court. See Akinsanya v Shorun.
Any person convicted of criminal contempt of court is convicted of a

criminal offence, but no one can legally be convicted of a criminal
offence except he stands trial according to law for the particular offence
in respect of which he is convicted. Awobokun v Adeyemi, supra.
A court must be very careful in the exercise of its powers to convict for
contempt and to use it sparingly. Agbachom v The State.
A charge of contempt is a serious one and it is necessary, not only for

the protection of the courts of justice, but also for the preservation of
justice and the administration of it in this country that acts or conducts
which tend to invade those concepts should be very sternly dealt with
and in good time as well. See Re Boyo.
Whether the contempt is in the face of the court or not in the face of the
court, it is important that it should be borne in mind by judges that the
Court should use its summary powers to punish for contempt sparingly.
It is important to emphasize the fact that judges should not display
undue degree of sensitiveness about this matter of contempt and that
they must act with restraint on these occasions. See Boyo v A.G of Mid-
West State.
60
Court will pardon a contemnor whose conduct is unintentional and who

purges his contempt by a sincere apology and credible explanation. See
Alh. U. Usman v Rev. M.O. Durojaiye & Anor Court will pardon and
discharge a contemnor if he acts unintentionally and from a mistaken
belief or misconception of the law thereby flouting a court’s order. The
State v Hon. Justice Ekundayo.
A contempt of court is a misdemeanor at common law. In criminal

contempt, that the period of imprisonment should be for a fixed term is
now settled law. Obiekwe Aniweta v The State.
PUNISHMENTS/ORDERS THAT MAY BE MADE BY THE COURT
PURSUANT TO A CHARGE OF CONTEMPT.
1. Imprisonment.
2. Imprisonment until the contemnor remedies his default – Civil
contempt. See Ope v Olonje (1962) W.R.N.L.R. 389.
3. Costs. See Rex v Jackson 6 N.L.R. 55 and Rex v Ojukoku 7
N.L.R. 60 at 62 & 63. In the latter case, Adeoye Deniga and S.H.
Braithwaite were each ordered to pay £15 costs for contempt.
Ernest Ikoli was ordered to pay £15 costs and £25 fine in addition
and if he failed to pay the fine within twenty four hours he was to
be committed to Lagos Prison until payment is made.
4. Fine
5. Caution and Reprimand. See Dr. Ola Oni v AGF & Ors
6. Apology.
7. Caution and Discharge. See Agbegende v Ilorin Native Authority
(1968) N.M.L.R 144.
8. Pardon and Discharge. See Usman v Rev. M.D. Durojaiye
KWS/106/77 of 2/9/77 by Justice A.A.M. Ekundayo.
9. A contemnor may be ordered to be kept in prison until he purges
his contempt. See Ikabala v Ojosipe.
10. Total Discharge. See State v Hon. Justice Ekundayo, supra. A
corporation or a company can be punished for contempt. See R v
Onwuegbuna & Anor (1958) E.N.L.R. 17. The Supreme Court has
inherent original jurisdiction to convict for contempt committed in
the face of that Court as it did in SC. 109/70, Lawal v Ayilara in Re:
Jinadu Okin delivered on 19/9/72.
REFERENCE MATERIALS:
I. “The Law of Contempt in Nigeria” by Chief Gani Fawehinmi,
Nigerian Law Publications Limited (1980) 2 – 27.
II. Professional Ethics and Skills Practice Handbook, Council of
Legal Education, Nigerian Law School.
61
(Week 9)
Basic Drafting Principles

Lesson Topic:
Basic Drafting Principles and Stages of Drafting
 At the end of this lesson, the students will be able to:
(i) Explain the use of ‘mandatory’ , ‘prohibitive’ and ‘permissive’
words in drafting;
(ii) Explain the ‘Subject-Verb–Object’ Relationship in drafting;
(iii) Explain the various stages of drafting;
(iv) List the habits to avoid in drafting;
(v) Apply aids to Clearness and Accuracy in drafting Basic Drafting
Principles
In Nigeria, legal documents are drafted in
English language, since it is the language
of the law in Nigeria.
 The grammatical standard for legal writing in Nigeria is Standard
British English, expressed in plain English; e.g. ,
(1) I have got it (British English)
(2) I have gotten it (American English)
(1) I need to go home (British English)
(2) I gotta go home (American English)
 It is therefore important that every lawyer should acquire sufficient
knowledge of English grammar as foundation for his or her legal
education.
 Lawyers and law students who know that they are deficient in
English grammar are encouraged to take appropriate remedial
steps Basic Drafting Principles
The types of documents for which a lawyer needs drafting skills
include:
 Pleadings;
 Deeds and other Agreements;
 Written Reports;
 Letters;
 Legal opinions;
 Memoranda; etc.
For legislative drafting, each legislative sentence consists of four parts
namely:
(1) The description of the legal subject;
(2) The enunciation of the legal action;
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(3) The description of the case to which the legal action is confined;
and T
(4) The conditions on performance of which the legal action operates.
- George Coode, “Legislative Expression or the Language of the
Written Law”
These four parts of a legislative sentence are explained below:
(1) The description of the legal subject: The subject of the draftsman’s
focus must be so clearly and distinctly described so that there will
be no difficulty or ambiguity in identifying who or what the subject
is.
(2) The enunciation of the legal action: The thing to be done, action to
be taken, or incident to be avoided must be clearly stated in the
draft document. In other words, in preparing the draft, the
draftsman mind should have a mental picture of how the draft
should be implement in practice by the subjects to whom the
document is directed
(3) The description of the case to which the legal action is confined:
In addition to clearly stating the ‘thing to be done’ , ‘action to be
taken, or ‘incident to be avoided’ etc, the draft should also clearly
describe the mode, method or process of carrying out the action
prescribed
Furthermore, the draft should also clearly state the conditions (or
pre-conditions) i.e. the parameters within which the prescribed law
shall operate. For example: “Subject to the provisions of any
federal enactment on the National Housing Policy, the Lagos State
Housing Development Corporation shall liaise with the Federal
Mortgage Bank of Nigeria to provide mass housing schemes for
members of the public within Lagos State”
Use of Connective words in Drafting
Connective words are used in drafting
to convey the legal subject and the legal action.
Connective words can be conjunctions, adverbs, etc.
 Examples of connective words: Conjunctions, e. g. (1) ‘But’ used to
introduce a contrast to an earlier statement (2) ‘Because’ (used for
stating reason why something is right, wrong, should be done, or
should not be done (3) ‘When’ (used for connecting a sentence to
time or the occurrence of an event (4) ‘Except’ (as the word is, it is
used for creating exceptions to the main theme of the sentence (5)
‘Provided’ (used in provisos to state conditions) Examples of
connective words: Adverbs, e.g. (1) ‘However’ (used together with
an adjective or another adverb to express an undefined degree,
quality or quantum, eg The Governor is happy over the arrest of
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the robbers. He has promised to reward the informant, however

small. (2) ‘Therefore’ (used for stating the logical result of what has
been stated earlier, eg, There were several flood disasters last
year, therefore the Government disbursed relief materials to
victims. (3) ‘Then’ (used to connect a time in the past or the
present)
The legal action prescribed may be mandatory, prohibitory or
permissive, depending on the intention of the legislature as
contained in the instruction given to the draftsman
No Mandatory Prohibitory Permissive

1. Legal Writing Shall Shall Not (a) may
(b) May not
2.Ordinary Must Must not May
Writing Should not May not
The ‘Subject-Verb-Object’ Relationship

(1) The subject is the actor, i.e., a person empowered to do or refrain
from doing an act under reference;
(2) The verb stipulates the act to be done, or action to be taken, or
what the subject (person) is to refrain from;
(3) The object is the thing or person being acted upon.
In using the above format to prepare a good draft, the lawyer should
state precisely and in clear words what ought to be done, the person
who should do it, (or what the person should refrain from doing), and
the prescribed method of doing the required things
Use of Proper Language and Grammar
As stated earlier, a Nigerian lawyer should have good command of
Standard British English. Particularly, he should be meticulous about
the following:
(1) Spelling;
(2) Sentence structure;
(3) Paragraphing;
(4) Grammar;
(5) Capitalization (e.g. proper nouns); and
(6) Punctuations
Example on punctuation - Case Study:
Governor X wishes to exercise his powers of prerogative of mercy to
grant amnesty to a convict on the death row. So he wrote to the prisons
superintendent as follows: “From: The Executive Governor…….., To:
The Prisons Superintendent…….... Re: Mr Jaja Zebra (Death Row
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Convict No. 172) Action / Directive: Kill him, not let him go. Signed: The
Executive Governor” Immediately after receiving the Governor’s
directive, the Prisons Superintendent passed same to the hangman who
then executed the convict
Questions:
(1) Did the Prisons Superintendent understand the Governor’s
instruction? (Answer: Yes, he did)
(2) Was the Prisons Superintendent right to have ordered the
execution of the convict? (Answer: Yes)
(3) But did the Governor properly convey his intention? (Answer: No,
he did not convey his intention effectively. He directed the
opposite of what he intended)
(4) What is the problem with the Governor’s directive)
The problem with the Governor’s directive is as follows:
(a) He intended to direct ‘Kill him not, let him go’ which means ‘do not
kill him, release him’
(b) But he mistakenly directed: ‘Kill him, not let him go’ which means
‘kill him, do not release him’
The wrong punctuation, i.e. the position of the comma in the sentence
resulted in the execution of a man who was intended to be released.
Please take another look at the position of the comma in the actual
sentence and the intended sentence:
‘Kill him, not let him go’
‘Kill him not, let him go.’
(a) Actual:
‘Kill him, not let him go’ which means ‘kill him, do not release him.’
(b) Intended: ‘Kill him not, let him go’ which means ‘do not kill him,
release him. ’
Dear student, are you now convinced why you need to be a
meticulous lawyer. I guess you are now convinced.
Avoiding Ambiguity
To avoid ambiguity in legal drafting, a lawyer should do the
following:
(1) Preferably use Nouns more than Pronouns (even if it is repetitive);
(2) Use Adjectives and Adverbs with care (since their meanings are
more complex than that of nouns);
(3) Use precedents for guidance
Stages of Drafting
(1) The Design Stage: (Sketches – picking and drawing up items that
should be included)
65
(2) The Planning Stage: (Outline of the draft – arrangement into what
should be contained in the Parts, sections, paragraphs,
Appendices, etc )
(3) The Composition Stage (the actual drafting)
(4) The Scrutiny Stage (taking another look after the draft, including
asking a professional colleague to make inputs)
(5) The Editing Stage (the final check / proof reading on the draft
before presentation or signature)
How to Achieve Error-free Documents
(1) Be attentive to your instruction
(2) Plan your draft
(3) Avoid ambiguities
(4) (Preferably) Use short sentences
(5) Peruse your draft, i.e., read it carefully
(6) Scrutinize your draft, i.e., refer it to another lawyer for another view
(7) Proof read your document, i.e., edit and check the draft for any
further error.
Habits to Avoid in Drafting
(1) Uncommon and intricate words and phrases
(2) Verbosity (i.e., excessive use of words)
(3) Archaic words & expressions
(4) Latin (or foreign) words and phrases Habits to Avoid in Drafting
(contnd)
(5) Use of pronouns instead of nouns, & adverbs instead of verbs
(6) Improper use of words (shall, etc
(7) Clumsy and inelegant words and phrases
(8) Redundant words or phrases, (e. g., jargon and technical terms,
except if they form part of the instruction)
Aids to Clearness and Accuracy
(1) Punctuations
(2) Capitalizations
(3) Use of definitions
(4) Use of interpretation clauses
(5) Use day-to-day words to avoid ambiguity
(6) Use of Brackets
(7) Use of Schedules/Appendices –
(8) When used in legislation, they are part of enactment – See A. G v.
Lamplough (1878) 3 EXD 214. Repetition of preposition
Enumeration & Exclusion (“Ejusdem generis rule”)
66
Basic Drafting Principles and Stages of Drafting

Assignment
According to - George Coode (in “Legislative Expression or the

Language of the Written Law”) each legislative sentence consists of four
parts namely:
(1) The description of the legal subject;
(2) The enunciation of the legal action;
(3) The description of the case to which the legal action is confined;
and
Assuming that the following draft is a provision in the Lagos State
Housing Corporation Law:
“Subject to the provisions of any federal enactment on the
National Housing Policy, and upon the Governor designating
land from time to time for housing development, the Lagos
State Housing Development Corporation shall liaise with the
Federal Mortgage Bank of Nigeria to provide mass housing
schemes in Lagos State for Lagos State civil servants, and
other interested members of the public within Lagos State”
Question 1:
(a) In one sentence, identify or description the legal subject saddled with
putting the law into effect.
(b) In one sentence, explain the legal action intended by the legislature.
(c) In not more than four sentences identify the case, situation or
target(s) to which (or to whom) the intended legal action is confined.
(d) List the ancillary conditions or limitations on performance of which
the legal action operates.
Question 2:
List and explain the five (5) stages of drafting.
Question 3:
List and explain any five (5) habits that a draftsman should avoid in
drafting.
67
(Week 10)
LETTER WRITING; DRAFTING OF MINUTES OF MEETINGS; OFFICE

MEMORANDUM AND CURRICULUM VITAE
CONTENTS
1. Demonstrate the structure of different types of legal instruments.
2. Types of letters
3. Parts of a letter
4. Subject to contract’ and ‘without prejudice’ in a letter
5. Types of formal documents
6. Minutes of meetings,
7. Curriculum Vitae
8. Office memoranda
9. Legal opinion.
Outcome
At the end of the lesson, students will be able to:
 Demonstrate how to plan for drafting
 Demonstrate how to use proper language and grammar and avoid
ambiguity in drafting.
 Demonstrate how to produce error free documents
 Observe the need to adequately represent the intention of the
clients in drafting documents.
 Draft formal documents including; minutes of meetings; curriculum
vitae; office memorandum, legal opinion etc.
 Identify types of letters
 Draft parts of a letter
 Explain ‘Subject to contract’ and ‘Without prejudice’ in a letter
Demonstrate the structure of different types of legal instruments
 All legal instruments are legal documents but not all legal
documents are legal instrument.
 Legal instruments defines and transfers rights, interest and title
and sometimes made under seal of the court such as a judgment
of the court, while some legal documents do not.
TYPES OF LETTER
 We have two basic types of letters
1. informal /social letter such as letter to a friend, parent etc
2. Formal/ official/business letter. Such as Application letter, letter of
offer and acceptance, Demand letter etc.
OFFICIAL LETTERS THAT A LAWYER CAN WRITE INCLUDES;
TYPES OF FORMAL DOCUMENTS
1. Status letters- report of current position of a matter;
2. Confirming /Instruction Letters- reaffirms oral discussion, e.g
Oral instruction.
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3. Opinion Letters-this offers legal advice/opinion to a client.

4. Demand letters-request recipient to perform an obligation it
owes the writer.
5. .Letter of adjournment – request the court to adjourn a matter,
giving reasons for lawyers inability to attend court.
6. Letter of Complaint-e.g Petition , Nuisance
7. Letter of offer/Acceptance-of contract, conveying clients offer
to 3rd party; or acceptance of 3 rd party’s offer for client.
8. Letter closing a client’s case file- conveying to a client that
his/ her matter has been concluded and case file closed.
PARTS OF A LETTER
 LETTER HEADED- it contains;
 the name of the law firm
 Address of the office
 Telephone number and fax number (if any) and
 other information that the legal practitioner deems necessary.
 DATE- the date on which the letter is written.
 Insert if column is on letter headed paper in the order> day,
month(in words) and year,
 E.g 27 th November 201
REFERENCE NUMBER-should be two. i.e
 Our ref: and
 Your ref:
 Useful for filing and cross referencing
WRITERS ADDRESS;
 If printed on letter headed paper, no need to write it.
 If not, it should be written on the right hand side of the letter.
ADDRESSEE’S NAME & ADDRESS-this is written at the left hand side
of the letter
ATTENTION-needed where it is intended that a particular person should
handle the letter.
CONFIDENTIAL-used where the letter is only for the eyes of the person
to whom it is addressed.
PERSONAL- used where the letter is sent to the person not in his official
capacity, so as no other person should read it
SALUTATION-written in two ways
 The general form- Dear Sir/Madam, Dear Sir, Dear Madam.
 If there is familiarity between parties, Dear Mr Xxx or Dear Mrs Yyy
SUBJECT MATTER- captures the subject of the letter
 Written in sentence capitalization
 Should be highlighted
 Should be concise and precise.
 This is also called the heading of the letter
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BODY OF THE LETTER- contains

 Opening-introduction or acknowledgement.
 Main part-brief facts of the matter necessitating the letter and
action expected from recipient.
 Closing part- intended actions of lawyer if expectations are not
met
COMPLIMENTARY CLOSURE-depend on the salutation;
 if “Dear Sir/Madam”etc, then “Yours faithfully”
 If “Dear Mr/Mrs Xxx then “Yours sincerely” or Yours “truly”
SIGNATURE AND NAME OF WRITER
 Writer to sign on top of his/her name
 Wrong to sign in the name of a law firm without the person’s name.
see SCC (Nig. Ltd) v Ekenma(2009)
 When signing on behalf of someone, indicate by adding “for” or
“PP” before the signature
ENCLOSURE- written ‘ENCL’
 List of documents attached to the letter is made under this at the
end of the letter.
COPIES- here;
 State names and addresses of other persons to who copies of
letter is sent to
 Short form is “CC” NOTE “BC”
 It sometimes contains certain statements not in the original letter
Subject to contact’ and without prejudice’ in a letter
 These are called terms of negotiation in a letter.
 These statements are made under privilege.
 They are covered by S. 26 EA.
 Used by parties when negotiating
 Such documents are generally not admissible in evidence.
Subject to Contract;
 When used, parties are not bound by the terms of the negotiation
until a formal contract is entered into and executed.
 Use of term would be of no effect where parties have concluded
negotiation. See UBA v Tejumola & sons(1988)
 The effect is a matter of construction
Without Prejudice –
 Makes the document not admissible in evidence against the
maker.
 Exception is where the maker expressly waived this right.
 Need no be stated in a document, as can be inferred from party’s
conducts
70
Ingredients of a good letter

 Good English
 Spellings
 Punctuation marks
 Be courteous, purposeful and firm
 Avoid over familiarity
 Brevity
 Coherent
MINUTES OF MEETINGS
 Minutes of meeting is a written summary of things discussed in a
meeting.
TIPS FOR EFFECTVE MINUTE WRITING;
 Know the purpose
 Keep it concise
 Get the right information and follow the right format
 Keep a record.
 Use simple language
 Proof read your work
GUIDELINES OF A MINUTES
1. Heading>Proper heading
 Type of meeting > yearly/monthly
 Venue of the meeting
 Date of meeting
 Time of meeting
2. Attendance at the meeting>
 Present (list of members present)
 In attendance (list of persons not members who are in attendance
at the meeting)
 Apologies (list of members that took permission to be absent)
 Absent(list of members absent without permission
3. Opening Remarks/Prayers> otherwise known as commencement.
4. Adoption of Agenda
5. Adoption of minutes of last meeting
6. Matters Arising from the minute. Issues discussed Reports
Resolutions
7 Issues discussed following the Agenda Discussions on the
issues in the agenda Itemized issues discussed & resolutions
reached on each.
8. Any other business> Other general issues discussed Resolutions
on them.
9. Conclusion
71
10. Adjournment and closing remark/prayer(if any)>this is usually

encompassed under conclusion
11.Signature, names, designation of persons that made the
minutes>This is usually the Chairman and Secretary of the
meeting.
CURRICULUM VITAE
 This is an outline of one’s qualification and work experiences
(educational and professional history) sent with an application for
job. It’s a marketing document in which an individual markets
himself.
 Resume provides a summary of your education, work history,
credentials, and other accomplishments and skills. Typically, a
resume is a one page document and could sometime be two. its
more concise and precise than a CV.
 There are three major differences between a CV and aresume
 The length, the purpose and the layout.
 Though used interchangeably but Cvs are used mostly when
applying for contracts, advance research or post secondary
teaching positions while a resume is used for work search.
Guideline to creating a CV/resume
 1.PERSONAL DATA
 Name
 Date of birth
 Place of birth
 State of Origin
 Local Government Area
 Home town
 Nationality
 Sex
 Marital status
 Contact address>home or permanent.
 Contact phone nos & email address
2. EDUCATIONAL BACKGROUND;
A. Schools/institutions Attended with dates
 States the names of the schools attended and
 The period of time that they were attended.
B. Educational Qualification obtained with Classes and Dates;
 Certificates obtained
 Classes obtained in each of them
 Dates that they were issued
C. Academic Achievement:
 Any award won in the course of educational exploits should be
stated under this.
72
3. WORK EXPERIENCE ACQUIRED;

A. Previous and present work Experiences;
 Name and address of the employer
 Job description
 Period of employment with the employer
 Reason for leaving (if past)
B. Cognate Experience;
 Assignment carried out and
 Summary of job schedule
C. Areas of specialization (if any)
 Any specific area which the applicant is gaining expetise should be
stated.
4. ADDITIONAL PROFESSIONAL QUALIFICATION
5. MEMBERSHIP OF PROFESSIONAL BODIES (IF ANY)
6. LEADERSHIP POSITION HELD
7. HOBBIES.
8. REFEREES
9. SIGNATURE AND DATE
The applicant should pick out only those that are applicable to
him/her.
OFFICE MEMORANDUM
 This is a written communication between staff in a medium or large
law firms and other business organization.
 It is a legal document that should be written in a professional
manner> can be used as evidence in court.
Guidelines for drafting OM
 TO (designation of)
 FROM (designation of writer)
 DATE (date is made)
 SUBJECT (subject matter)
 Body of the Memo
 Statement of the problem
 Discussion on why the problem exists
 Suggest course of action Conclusion statement
 Signature/initial, name and designation of the maker
 List of recipient of the memo.
Hints on Drafting Office Memo
 Use conventional style and words like ‘I’ ‘you’ and ‘we’>more
personal.
 Use active voice and not passive voice,
 Talk as if face to face.
 Be formal and professional
 Use simple and clear language.
73
 Keep to the important topics> avoid unnecessary adjectives.

 It should be short and straight to the point
 Avoid slangs.
 Keep paragraphs short
 Be accurate and honest
LEGAL OPINION
 A legal opinion is a written statement by a court, judicial officer or
legal expert as to the legality or illegality of an action, condition or
intent.
 LAYOUT OF LEGAL OPINION;
Subject matter> question for opinion is stated clearly.
State the facts> in a manner, as to bring out the materials for
answering the question
Analysis > on which opinion depends; Set out the laws applicable
Set out conditions that should exist for answer to question to be
negative or positive. State the actual stand of the client according to
law.
Opinion Proper> answer to the question;
 Try to answer with a monosyllabic yes or no referring to paragraph
number and facts sections justifying the opinion.
 Answer should be as short as possible.
 If question is “why…..” must explain with reference to facts and
analysis
 User disclaimer> the fact that opinion is based on;
 Law as it stands and that date and
 Facts available to you
 Can list documents supplied to you
RULES TO OBSERVE;
 Aids to clearness and accuracy> capitalization, punctuation marks,
etc
 Sentence structure >short and simple
 Habits to avoid> verbosity, archaic words, etc
METHOD OF DRAFTING LEGAL OPINION
 The method to be adopted in drafting LO depends on who it is
meant for.
 Thus, a legal opinion can be drafted as;
 A letter > example is where a client requires a legal opinion.
 A memorandum> example is where a boss in the office requires a
legal opinion.
CHECK LIST FOR DRAFTING
 If addressed to client, it should be in laymen’s English
 Should have subject matter
74
 Clearly define the topic in the introduction>the question on which

the opinion is being sought.
 Should be numbered in paragraphs for easy referencing.
 Ensure you have ideas to back up your opinion
Thank you for listening and have a wonderful day.

Good luck.
75
(Week 11)
LEGISLATIVE DRAFTING
OUTCOMES OF THE LESSON

 At the end of the lesson, students would be able to:
 1. Know the meaning of legislative drafting
 2. Explain and discuss the stages, principle and formalities of
legislative drafting
 3. Know how to draft and critique a legislation
 4. Draft a simply legislation
 1. Meaning of Legislative Drafting
 It is the process through which the instruction of the sponsor of a
bill is written in the form of a bill. It involves clearly understanding
the instruction and the intention of the sponsor and to ensure that
the intention is put in a legal format, namely a bill. It is different
from legislative process, which involves the procedure for the
transformation of a bill to a law in a legislative house.
 2. Qualities of a Good Draftsman
 The qualities include but not limited to:
 i. Good command of English
 ii. A sound knowledge of the principle of law
 iii. Understanding the society of operation
 iv. Hard work and Dedication
 v. Patience
 3. Stages of Legislative Drafting
 i. Taking and Understanding Instruction
 It involves getting sufficient background information, the principal
object of the law, the means of achieving the law and the possible
problems that may be encountered.
 ii. Analysis
 It involves considering any existing law, potential danger areas,
practicability, categories of person to be affected, penalty for the
breach, conflict with the constitution, ascertaining the enacting
authority.
 iii. Designing
 This consists of the outline or the structure of the bill i.e whether it
will be divided into Chapters, Parts, Sections, Subsections,
Paragraphs, Sub-paragraph and Sub subparagraphs etc.
 iv. Composition
 This involves the preparation of the bill in terms of content. Under
this stage, the draftsman uses simple and clear English to prepare
76
the bill. The use of precedent is highly recommended in this stage.

v. Scrutiny This involves editing the bill to ensure it is error free in
terms clarity of grammatical expression, punctuation marks,
spellings, cross references, numbering etc.
 4. Formalities and Arrangement of Legislative Drafting
 Legislation can be arranged in Chapter, Part, Section, Subsection,
Paragraph, Subparagraph and Sub sub-paragraph.
 Chapters and Parts are usually written or numbered in Capital
Roman numeral. For example, I, II, III, IV.
 Sections are usually numbered in Arabic numeral without bracket
and Subsection in Arabic numeral in bracket. For example, 6 (5)
 Paragraphs are written in small letter alphabet in bracket, the Sub-
paragraph in small letter Roman numeral in bracket and the Sub
Sub-paragraph in capital letter alphabet in bracket. For example,
(a) (i) (A). See section 254C of the 1999 Constitution as amended
 Heading- should be in bold print/ Sub-heading should be in italics.
For example, see Chapter V, Part I of the 1999 Constitution as
amended.
 Marginal Note- it gives concise indication of the content of a
section. It is also known as Section Heads or Section Head Notes.
It can be written on the left or right, above or beside the section. It
does not form part of the law.
 Capitalisation- introductory clauses, all proper noun, names etc.
start with a capital letter.
 Punctuation marks- a bill should be properly punctuated. For
example, introductory clause ends with a colon or dash;
independent sub- clauses ends with semi-colon; the last
independent sub-clause ends with a full stop if no closing clause
and a comma if there is closing clause. The closing clause ends
with a full stop.
 5. Principles of Legislative Drafting
 i. Avoid the use of unfamiliar words and phrases. For instance,
Pursuant to, in toto, per diem etc.
 ii. Avoid excessive and intricate expression
 iii. Avoid inconsistency. For instance, Buyer/ Purchaser
 iv. Avoid the use of legal pair. For instance, Null and void and of
no effect and had and received etc.
 v. Avoid passive language/voice. For instance the bill was
prepared by the draftsman instead of the draftsman prepared the
bill
 vi. Avoid the use of archaic words and expressions. For instance,
hereinafter, said vendor, witnesseth, whereas etc.
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 vii. Avoid the use of latin words. For instance, inter alia, in pari
materia, sine die etc.
 viii. Use noun instead of pronoun if it will lead to ambiguity.
 6. Segment of a Legislation
 There are four broad segments/parts of a legislations namely,
preliminary, principal, miscellaneous and final segment.
 A. Preliminary Segment
 The preliminary segment includes the following:
 i. Long title
 The long title states the general purpose of the statutes. In a
statute it normally begin with the phrase: AN ACT and A LAW for
legislation by the National Assembly and State House of Assembly
respectively. When drafting a Bill, you begin with the phrase: BILL
FOR AN ACT and BILL FOR A LAW for National and State House
of Assembly respectively. It should end with any of the followings:
and for related matters; and for matters connected therewith; and
for purposes connected therewith; and for connected matters. It
should be noted that the whole of a long title is usually written in
capital letters. For example A, BILL FOR A LAW TO PROHIBIT
STREET HAWKING IN KADUNA METROPOLIS AND FOR
RELATED MATTERS.
 It can be relied to interpret an ambiguous part of a legislation. Bello
v AG Oyo State (1986)5 NWLR (Pt.45) 828.
 ii. Preamble
 A preamble is used instead of a long title to explain the reason for
a particular legislation and its desirability. It is used where the
subject matter is to remedy exceptional local problems; legislation
of constitutional or international importance; in decrees and edits
by military regimes and international treaties.
 iii. Short title
 The short title underscores the name that a legislation is known. It
is the statutory nickname of a legislation. It is usually drafted as
follows: This Law may be cited as the Street Hawking Prohibition
Law of Kaduna State 2020.
 iv. Commencement
 This indicates the date when the law will come in to force or effect.
A legislation may come in to force:
 a. On the date stated;
 b. Where an authority is to specify;
 c. On the occurrence of an event;
 d. Where no provision is made, it will commenced on the day it is
assented to.
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 There are various ways of drafting the commencement clause:

 Usually written at the right hand side in either of these two ways-
1[3th July 2020] or
 Commencement [13th July 2020 ] Sometimes it forms a section of
the law. For instance, This Law shall come in to force on the 13th
July 2020.
 The legislation will come in to force on a date to be stated by a
particular authority or the occurrence of an event. For instance The
Act shall come in to force on a date to be stated by (State the
authority or the event)
 The day of assent. For instance, The Act shall come in to force the
day the President assents to it.
 v. Enacting Formula
 The enacting formula states the authority that enacts the
legislation.
 In a democratic setting it is usually drafted by using the following
phrases: ENACTED by or IT IS HEREBY ENACTED by. For
instance ENACTED by the National Assembly of the Federal
Republic of Nigeria as follows: or
 The Lagos State House of Assembly enacts as follows:
 In a military era, decrees (usually promulgated by the Federal
Military Government) and edicts (usually promulgated by Military
Governor) are drafted as follow the Federal Military Government
hereby decrees as follows: or The Military Governor of Lagos State
of Nigeria makes the following Edict.
 vi. Interpretation Clause
 Interpretation clause gives meanings and explanations to words
used in a legislation. In drafting it usually begins with the phrase in
this Act/Law or In this Act/Law, unless the context otherwise
requires or provides.
 The words used to define or give meaning are:
 Means- where the meaning is closed or restricted.
 Includes- where the meaning is open or in exhaustive.
 For instance, In this Act, unless the context otherwise requires:
 Regulation means
 Corporation includes
 vii. Application
 Application indicates, the persons, territory or subject matter which
the legislation shall apply to.
 For instance, This law shall apply to all disable persons in Lagos
State.
 viii. Duration
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 Duration indicates the period of time that a legislation will be in

force. For instance, This Law shall continue in force until the 30th
June 2012; This Act shall continue be in force until it is repealed;
This Law shall come in to force on the 1st August 2020 and shall
continue in force for 5 years.
 B. Principal Segment
 This segment provides for substantive and administrative matters
which includes establishment and administrative provisions
 i. Establishment provisions
 The establishment provisions is used where the legislation
establishes a statutory or regulatory body. It includes the
Establishment clause, Membership, Management, General duties,
Finance and Tenure of office.
 Establishment Clause
 It provides the name of the body or the agency established under
the law. It is usually drafted by using the following phrases: There
is hereby established a body to be known as; There is established
a body to be known as; There shall be a body to be known as
There shall continue to be established a body to be known as (This
is in the circumstance where the body is already in existence). For
instance, There is established a body to be known as the
Environmental Sanitation Regulatory Agency Adamawa State.
 Administration provisions
 Administrative provisions consists of the execution of documents,
the use and custody of seal, the staff of the corporation, meetings
etc.
 C. Miscellaneous Segment
 This segment deals with offences and penalties, miscellaneous
and supplementary provisions, power to make subsidiary
legislation etc.
 D. Final Segment
 Final segment consists of Savings, Repeals, Transitional
provisions, Schedules, Citation, Explanatory notes etc. Savings is
usually as follows: Save and except as otherwise provided, section
3 shall not be repealed under this amendment.
 Schedule is used to banish details from the body of a legislation. It
constitutes a part of a legislation.
 Aids to Good Draftsmanship
 A drafts man should be able to:
 i. Adequately elicit the relevant instruction and capture the
intention of the sponsor
 ii. Use proper language and grammar
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 iii. Demonstrate skill, ingenuity and creativity

 iv. Use relevant existing precedents
 v. Be brief, concise and precise
Thank you P. A. Bobai
81
(Week 12)
Rules of Interpretation of Statutes
Learning Outcome:
 Explain and discuss the scope and application of the rules of
interpretation and construction of statutes
Introduction
In Nigeria, the constitutional separation of powers, assigns to the
Judiciary i.e. the Courts, the responsibility for the interpretation or
construction of laws or statutes. Over time, rules and approaches
have evolved as developed by courts, for the interpretation of statutes
in order to determine the intention of the legislature.
Introduction
 The rules evolved because the Interpretation Act and the
Interpretation sections of Statutes are of limited application; as
they merely define only a few terms and phrases.
 These ‘Rules of Interpretation of Statutes’, some of which are
expressed in maxims are largely products of case law and they
provide a guide to the interpretation of statutes.
Introduction
Why the need for rules of interpretation?
1. Use of broad words.
2. Use of ambiguous words.
3. Unforeseeable development.
4. Inadequate wording etc. See Okumagba v Egbe [1965] All NLR
64; Awolowo v Minister of Internal Affairs [1962] LLR 177
Rules & Approaches to Interpretation of Statutes
 Literal Rule
 Golden Rule
 Mischief Rule
 Ejusdem Generis Rule
 Purposive Approach
 Ut Res Magis Valet Quam Pereat
 Expressio Unis Est Exclusio Atterius
 Noscitur a Socis
1. Literal Rule
 Where words are clear an unambiguous, it is the duty of the court
to give the words their plain and natural meaning.
 The power of the court to go out of the clear meaning is restricted.
See Awolowo v Shagari (1979) 6-9 SC 51; R v Bangaza
Example
A Shopkeeper, displayed in his window a flick knife with a price ticket
and was prosecuted foorffering for sale an offensive weapon contrary
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to the EnglisRhe striction of Offensive Weapon Act. The Court held

that thoeff ‘er for sale ’ in the law should be given its literal meaning,
and that the shopkeeper’s action merely amountedin tvoit ation to
treat noot fafenr for sale in the law of contract. FSisehee r v Bell
[1960] 3 All ER 731
2. Golden Rule
 This modifies the literal rule.
 Where the plain and ordinary meaning of a word will result in an
absurdity or inconsistency, the court may depart from that ordinary
meaning and apply a meaning that will avoid the absurdity.
SGereey v Pearson (1857); Adamolekun v UI (1967) All NLR 40
3. Mischief Rule
 This rule was formulated in the Heydon’s Case (1584).
 The Mischief Rule goes beyond the statute to look at the purpose
of the law or the mischief the law was made to cure. SeAebioye v
Yakubu (1991) 5 NWLR (Pt. 190)
 In the Heydon’s case the court laid down the following tests under
the rule for interpretation of statutes as follows:
- What was the law before the legislation?
- What mischief or defect for which the old position of the law did not
provide?
- What remedy was provided by the current legislation under
consideration?
- The court should apply the true reason for enacting the legislation.
4. Ejusdem Generis Rule
- Latin - ‘of the same kind’ , means where a list of words forming a
class is followed by a general word, the interpretation of the
components of that general word is determined by the class
formed by the list of words. Se Beuhari v Yusuf(2003) 14 NWLR
(Pt. 841) 446; Jammal Steel Structures Ltd v ACB (1973) 8 NSCC
619
 The rule is akin to the adage; B‘ irds of the same feather, flock
together ’
 To apply the rule, ascertain the class formed by the list, then
determine if the item in issue comes within that class. Fawehinmi v
Inspector- General of Police (2002) 7 NWLR (pt. 767) 606 at 683
 In illustration, where a law says animals affected under this law are
‘…goats, sheep, cows and other animals’; An interpretation of the
general term ‘other animals’ using the rule cannot include a lion,
since the class consist of domestic animals only.
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5. Purposive Approach
This approach relaxes the literal rule which prohibits the resort to
extraneous matters in the interpretation of statutes. The purpose
for which a piece of legislation was enacted as reflected in policies
behind the law, background information, legislative history
(memos, official reports, record of proceedings at committee
stage) etc., are useful for statutory construction under this
approach.
6. Ut Res Magis Valet Quam Pereat
This means that where there are two possible interpretations, the
court should choose the interpretation that will give effect to the
intention of the legislature than defeat it. SNeeafiu Rabiu v The
State 1981 2 NCLR 293
7. Expressio Unis Est Exclusio Atterius
This means that the express mention of one thing is the exclusion
of another. That is what is not mentioned is excluded. SeAeG
Bendel State v Aideyan (1989) 4 NWLR (pt. 188) 640
8. Noscitur a Socis
This means that doubtful words or phrases in a sentence may be
derived from other words accompanying it. Thus, the meaning of a
word may be enlarged or restricted by referring to the context in
which it is used. SGeearba v Federal Civil Service Commission
(1988) 1 NWLR (Pt. 71) 449.
84
(Week 13)
INTERVIEWING AND COUNSELLING SKILLS
Interviewing
 The process (verbal or written communication) of eliciting relevant
information
WHO
* Client
* Witnesses Interviewing
Purpose of interview
1. To get detailed information on an issue or matter.
2. The facts elicited helps the lawyer in offering legal advice to the
client concerning the matter.
3. To get information that will help a lawyer analyze the legal issue
presented by the client.
4. It also helps the lawyer pick the best option to solve the client’s
issue
5. To alleviate the client’s anxieties and concerns over the matter.
6. To establish an attorney-client relationship
Essentials for an interview
 Law office – R. 22 RPC
 Good communication skills (vocal, verbal and visual)
 Assurance of confidentiality – R. 19 RPC (except for exceptions)
 Appearance
 Demeanour and attitude (patience, no distraction)
 Note taking (where there is no recording device)
Interview Plan
Advantages of interview plan
a. It helps the lawyer organize his thoughts and so give maximum
attention to the client
b. It help the lawyer to follow a logical pattern in conducting the
interview
c. It ensures that all the vital areas are covered in the course of the
interview
d. It projects the lawyer as organized and competent Interview
Disadvantages of interview plan
a. It may interfere with the flow of communication
b. It may restrict the client from divulging some information
Stages/Steps in interviewing
A. Preparing for the interview
B. Starting the interview (Meet and Greet)
C. Telling the story
D. Information gathering (Questioning Stage)
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1. Open Question
Advantages of open questions
a. Encourages the client to open up and give more details
b. Enables the client discuss on areas that are very important to
them.
c. It encourages recall by the client
d. The client feels at ease and discusses sensitive and difficult issues
e. Gives the interviewer an opportunity to observe the client and
assess him
f. Enable the interviewer know the most important goal of the client
Disadvantages of open questions
a. It can encourage rambling
b. It may not provide sufficient details of the facts to the interviewer
c. An open question may confuse the client
2. Closed question –
Advantages of Closed questions
a. The provision of specific details of the facts already narrated by the
client
b. It helps in directing a client to the information required by the
interviewer
c. It also assists the client in recalling specific events connected to
his issues
Disadvantages
a. It may lead to interrogation not interviewing
b. Failure to ask key question may lead to loss of valuable
information
c. Analysis Stage - evaluate the facts as narrated by the client
d. Closing the interview –
Other models
a. Clay and Smith (7 Stages)
- Preparation for the interview
- Commencement of the interview
- Appreciation of the client’s problem from the facts
- Identification and evaluation of the legal remedies available to the
client
- aking instruction from the client
- Closing the interview
- Reflecting on the conduct of the interview
Mike and Wolfe (5 Stages)
- Listening to the client
- Analysis of the facts given by the client
- Investigation of the facts
- Taking decision on the next line of action
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- Implementation of the decision taken

Avrom Sherr – (3 Broad Stages)
a. Listening –
- Meeting and introduction by lawyer and client
- Getting the story from the client through preliminary questions
- Listening to the story narrated by the client
b. Questioning
- Clarification of the facts by use of questions
- Summary of the facts stated by the client
- Note taking of facts as narrated by the client
c. Advising
- Giving advise to the client
- Evaluate client’s reaction to the advice and amend where
necessary
- Identify follow-up work to be done by the lawyer
- Identify follow-up work to be done by the client
- Identify any other matter to be dealt with
Brayne and Grimes (11 Stages)
- Preparation for the interview
- Connecting or Introductory matter
- Establishing legal framework relating to the solicitor’s charges
- Listening to the client’s story
- Identification of legal issues from the facts
- Questioning the client on the facts he narrated
- Analysis of the facts
- Summary of the facts
- Handing over to the client to take decision
- Housekeeping (going through the notes to identify areas that may
need clarification), etc
COUNSELING
COUNSELING – Giving legal opinion based on facts relayed by the
client.
*** Counseling should be directive and client-centered
** The client should be told of alternative courses of action; and legal
and non-legal implication
*** Lawyer can tell client of his preferred option but should still leave
the final decision to the client
***Lawyer should respect a client’s final decision
*** Don’t counsel clients to commit crime, corrupt public officers, or
commit illegal acts
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ADVOCACY PRACTICE
2 Type of Trials
a. Where the court would examine the Processes filed and the law to
determine a matter
b. One that, apart from the above, also involves the calling of
witnesses.
Trial Proceedings
- Opening Speech – is given by either the party or his lawyer. The
party gives the court a summary of his case and how he intends to
proceed at the hearing
- Theory of the case - (usually expressed in a single paragraph) is
an articulation of the facts of the case, the development of
argument on the basis of those facts and the manner of
presentation of the case along that line of argument
Elements of a successful theory of a case
a. It should be logical
b. It should be credible
c. It should be based on facts
d. It should speak to the basic elements of the offence
Examination of witnesses – S. 214 Evd Act
a. Examination-in-chief – the direct examination of a witness by the
party that invited him to testify.
Functions of examination-in-chief
a. To put forward the client’s version of facts
b. To lay the foundation for introduction of exhibits
c. To contradict evidence of the opposing party
d. To reflect on the credibility of the witness:
Questioning techniques in examination-in-chief
a. The question should be open and straight to the point
b. Use of incremental questioning style
c. Use of traditional and directive question
d. Repeat some important points mentioned by the witness
e. Avoid complex and lawyerly questions
f. Use of visual aids
Leading Questions – S 221 Evd Act
These questions expect a particular answer
** As a general rule, leading questions are not allowed in examination-in-
chief except with the permission of the court
Exceptions:
1. In introductory matters such as names, addresses, is so far as
they are not in issues
2. Facts that are not in issue, are not in dispute or have been proved.
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3. Where the court allows such question despite objection from the
opposing counsel
4. Where the witness is declared a hostile witness.
Hostile witness A witness is regarded as a hostile witness when he
intentionally refrains from telling the truth to the court and deliberately
gives false testimony against the party that invited to come and
testify.
The party that called him may orally apply to the court for him to be
declared a hostile witness.
** The effect of being declared a hostile witness is that both his
evidence and the previous inconsistent statement are treated as
unreliable by the court.
Refreshing the memory
Refreshing the memory – by making reference to a document he
made at the time the event, or soon thereafter provided that, in the
opinion of the court, it was likely that such facts was still in fresh in his
memory when he made the document.
** The witness may also be allowed to refresh his memory by
referring to a document made by another person.
** Note that such document should, where requested by the other
party, be produced in court and the opposing party may cross-
examine the witness on its contents.
Cross-examination
Cross-examination – the examination of a witness by the adverse
party usually after the Examination-in-Chief. – S. 214 Evd Act
Purpose of cross-examination
a. To contradict a witness and weaken his examination-in-chief
b. To injure the character of a witness
c. To discredit a witness or his case
d. To put across the other party’s case
e. To extract facts from the witness which are favorable to the
adverse party’s case
f. To test the veracity or credibility of the witness’s testimony
g. To elicit facts with which to cross examine other witnesses
h. To repair or minimize damage to the cross-examiner’s case
i. To reflect on the credibility of another witness
j. To enhance the cross examiner’s case
Techniques of cross-examination
1. Use of closed question
2. Leading questions are permissible
3. Use of propositional questions by asserting facts and asking the
witness to confirm them
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4. Asking of incremental questions

5. Asking sequential questions
Other techniques in cross-examination
Munkman
a. Confrontational—
b. Probing questions –
c. Insinuation
Confrontational - it involves discrediting the examination-in-chief of
the witness by confronting him with materials especially documents
which contradicts his testimony
Probing questions / Insinuation
Probing questions - searching out area of weakness in the testimony of
the witness with the aim of destroying his testimony. Such weaknesses
include errors and obvious inaccuracies which occurred in the
examination-in-chief of the witness
Insinuation – making of statements or presentations of facts by the
lawyer and asking the witness to confirm it.
Avoid to Questions in Cross examination
a. Questions which requires reaching conclusions by the witness
b. Avoid long and fishing questions
c. Don’t ask the witness to fill in the gap where he leaves one in his
answer
d. Don’t remind the witness of his exact testimony-in-chief before asking
a question
** Impeachment of a witness during cross examination
The essence of this is to discredit the witness and his testimony –
Limitations in cross-examination
* Indecent or scandalous questions – S. 227 Evd Act
 Questions intended to annoy, insult or are needlessly offensive –
S. 228 Evd Act
Re-examination
Re-examination – examination of a witness by a party that invited him
after he has been cross-examined. This is aimed at clearing any
ambiguities that arose in the course of cross-examination
* It is directed only to the explanation of facts or matters which arose out
of cross examination and which may not be clear
Final Address
Final Address
** After the conclusion of evidence, the parties may be invited to
address the court
Ordinarily the plaintiff or prosecution is to address the court first.
However where the defendant led evidence (whether oral or written) he
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shall address the court first after which the plaintiff or prosecution will do
the same.
Contents of the Final Address
1. Brief facts of the case
2. Issues for determination
3. Argument of counsel
4. Conclusion
5. List of authorities cited
6. Date, Name, Signature and Designation of counsel
7. Address for service for parties

AND GOOD LUCK
ASSIGNMENT
Topics
a. Interviewing and Counseling Skills
b. Advocacy Practice
Assignment for Interviewing and Counseling Skills and Advocacy

Practice
1. Amaka Olabisi, legal practitioner had just entered the High Court
premises for a matter when she was approached by one Mr. Sanusi
Ahmed, a business mogul. He told her that he had some serious issues
with his foreign partners with respect to a deal that has gone bad and
now his partners are threatening to sue him. He wants to discuss the
matter with her as soon as she was done with the day’s proceeding. He
also told her that being a very well known personality, he would not want
people to guess that he has problem so would want their discussion to
be at his private guest house at the GRA, a very serene and quiet
environment.
Mrs. Olabisi informed him that she would be glad to assist him in anyway
she could but would need to hear what his story in order to advise and
represent him competently.
Use the above scenario to attempt the following questions:
a. State and explain the Stages/Steps in interviewing

b. Mention 5 essential requirements for an interview
c. What is an interview plan?
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d. Mention 3 advantages of interview plan

e. Mention 3 disadvantages of interview plan
f. What is an open question?
g. Mention 3 advantages of open questions
h. Mention 3 disadvantages of open questions
i. What is a Closed question
j. Mention 3 advantages of Closed questions
k. Mention 3 disadvantages of Closed questions
l. Mention the stages/steps in the Clay and Smith model of
interviewing
m. Mention the stages/steps in the Mike and Wolfe model of
interviewing
n. Mention the stages/steps in the Avrom Sherr model of interviewing
o. Mention the stages/steps in the Brayne and Grimesmodel of
interviewing
p. Comment on the request by Mr. Sanusi Ahmed that their
discussion should be at his serene and quiet guest house at the
GRA.
2. Mr. Inachukwu Okonkwo, a legal practitioner called to the Nigerian
Bar in 2007 has been assigned some students of the Nigerian Law
School as externs. He, as part of his duty as a field supervisor, decided
to give his externs a test. Below are some of the question she gave the
students:
a. What is Examination-in-Chief
b. Mention 3 functions of Examination-in-Chief
c. What are the qquestioning techniques in an examination-in-
chief
d. What is a leading question
e. Who is a Hostile witness
f. What is Cross-examination
g. Mention 5 purposes of cross-examination
h. Mention 4 types of qquestions to avoid in cross-examination
i. What is Re-examination
j. What is a Final Address
k. Mention the contents of a Final Address
Answer all the questions.
92
(Week 14)
LEGAL RESEARCH AND CLOSING OF FILES
I. SULE
"Lawyers do not know much more law than other people, but they know
better where to find the law" King George III
CONTENT
1. Functions legal research
2. Sources of materials in legal research
3. How files are closed
4. Destruction of files
OUTCOME
At the end of the lesson, students will be able to:
1. Explain the importance of legal research
2. Explain the sources of materials in legal research
3. Explain when and how clients files are closed in a law office
4. Explain the necessary matters to be dealt with at the time of closing a
file; Draft a letter to a client closing a file
LEGAL RESEARCH
MEANING
Is the systematic process of conducting enquiry by identifying and
retrieving legal information to support or make rational legal decisions
- Holistic process of finding answer to a particular legal question or

problem, by evaluating and analysing the facts and applying them to the
law
Black Law Dictionary defines it as the finding and assembling of

authorities that bear on a question of law.
NB
Virtually every lawsuit, fresh trial, or appeal, criminal or civil case, and
every step a lawyer takes and every document a lawyer drafts requires
some amount of legal research
Why do lawyers conduct LEGAL RESEARCH?
1. Helps acquaint the lawyer with what the law says about the subject
matter
2. Helps the lawyer prepare well and in advance of the trial and for
pending issues, it helps him react appropriately to any legal
challenge
3. Helps a lawyer decide the particular course to follow to handle
legal issues
SOURCES OF MATERIALS IN LEGAL RESEARCH
SOURCES - are where the original and authentic information, facts
and law can be derived from
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SOURCES
- Primary Sources
- Secondary Sources
PRIMARY SOURCES
Are the fundamental sources of law that have ground and binding
significance. They constitute ground norms, precedents and binding
authorities that determine the decision or judgment of the court. They
include
-The Constitution
- Nigerian Legislation
- Nigerian Case Law or Judicial Precedent
- Received English Law
- Nigerian Customary Law, and Islamic law
SECONDARY SOURCES
Are diluted, analysed and persuasive materials and do not bind any
court or authority. They can be referred to if they support the
authorities of the primary sources. They include: -
(a) Decisions of courts of foreign countries
(b) International conventions, treaties, and resolutions of international
bodies; (c) Statements or opinions of jurists and learned authors
contained in law textbooks, journal, periodicals, dictionaries, letters,
speeches, and interviews; (d) Legal opinions contained in nullified
judgements.
TERTIARY SOURCES
Give information as to where to locate primary and secondary
sources. They are finding tools being used to get to where to find the
primary and secondary sources. They are not being cited in court,
because they are tools to getting to primary and secondary sources.
Examples
- Index of cases and laws
- Annotated statutes
- Law digests and periodicals
STEPS IN LEGAL RESEARCH
Step 1: Gather and Understand the Facts of Your Case - gain a
complete understanding of everything about your case
Step 2: Determine Your Legal Problem and Your Desired Outcome -
get an idea of your legal problem, and what your ideal outcome at the
end of the legal process would be
Step 3: Finding Legal Information and Reading about the Law - find
the relevant source and read what the source says about your legal
problem
Step 4: Legal Analysis/Legal Writing and beyond - determine which
law is applicable and apply it to the facts of your case
94
INTERNET AND LEGAL RESEARCH

- The whooping effect of the internet on our life has affected the way
lawyers conduct legal research
Legal research can effectively be conducted by internet, by the use

of:
- legal research softwares and applications
- Open access legal information websites
- Public online libraries
- Court and legislative houses websites
- General and subject specific search engines
- Recently by the use chatbots, online document automation and
legal analytics
FREE AND OPEN ACCESS RESOURCES
Nigeria LII is a project of the National Judicial Institute and is a portal
that provides free access to Nigerian law to the legal sector and
citizens of Nigeria https://nigerialii.org
World Cat - connects you to the collections and services of more than
10,000 libraries worldwide https://www.worldcat.org
Cornell's Legal Information Institute: Legal Resources (Cornell LII)

https://www.law.cornell.edu
Google Scholar Case Law https://scholar.google.com/scholar_courts?

hl=en&as_sdt=0,33
Public Legal, a product of the Internet Legal Research Group (ILRG)

https://www.ilrg.com
Justia https://www.justia.com
Ravel https://www.ravellaw.com/
Legal research apps and softwares https://www.capterra.com/legal-

research-software/
Free Legal Forms - free and downloadable legal forms

https://www.upcounsel.com/free-legal-documents
CLOSING OF FILES
One of the challenges to law firms over time is how to deal with
retained client's records such as closed files of concluded cases and
95
matters and other administrative record, both in hard and electronic

copies.
In some countries, their rules of ethics make provisions for these

issues. Where there are no such provisions, the bar usually issues
policies for the retention and destruction of files and other
administrative records generated or obtained by the firm such as
business records, contracts with suppliers and other correspondence
or documents.
WHEN TO CLOSE FILES
Prior to closing a file the lawyer should ensure that:
- all of the work that the lawyer was retained to complete has been
completed; - the lawyer has reported to the client;
- the client has paid the final legal fees or the firm has written off any
balance owing on the fees; - all undertakings have been satisfied;
-and the lawyer has dealt with any balances to the credit of the client in
the lawyer’s trust account.
CLOSING THE FILE - PREPARATIONS
1. The lawyer shall return all documents and properties the client
submitted to him in the course of the matter, before he closed the
file. See Aggio v. Rosenberg, 24 C.P.C. 7, 1981 1. Before
returning documents to the client, the lawyer should determine
whether to retain copies of these documents - consider such
factors as any legal requirement to preserve the document and the
likelihood of the lawyer requiring the document in the future
2. Purging the File - ensure that the file is organised. If copies as
templates are to be retained, remove all personal information of
the client from them
3. Communicating with the Client - It is a best practice to inform the
client of your law firm's file closing, retention and destruction policy
from the beginning of your relationship
4. Determining the File Destruction Date - When files are closed, the
lawyer should determine their destruction date, he is not required
to retain client's file parmanently . It is a good practe to establish
file review date prior to its destruction
5. Closed files shall be stored in physically secure facility, to maintain
client confidentiality and to protect against damage or loss.
FILE DESTRUCTION
1. Maintaining Confidentiality
2. Destruction of Documents and Information
3. Maintaining a Record of Destruction
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4. File Destruction - shall be conducted in a manner that ensures the

maintenance of client confidentiality. - list or database of destroyed
files shall be maintained.
5. After Destruction
Record shall be kept of destructed files, which shall include the
following information:
 The name and address of the client
 The file number
 A brief description of the matter
 the file closure date
 The file destruction date, and the name of the lawyer who
authorized the file disposition.
Thank You.
97
(Week 15)
ALTERNATIVE DISPUTE RESOLUTION: NEGOTIATION; MEDIATION

AND MULTIDOOR COURT HOUSE
OUTCOME:
Students would be able to:
1. Explain and discuss the Meaning, Importance and Process of
Negotiation.
2. Plan and Conduct a Negotiation taking into Consideration
appropriate Ethical Challenges Arising in the Conduct of
Negotiation for a client.
3. Explain the Scope and Mechanisms of Court-connected ADR
Centres (i.e the Multidoor court house).
4. Describe the Requirement of the RPC For Lawyers and High Court
Rules with regard to advising on ADR;
5. Explain, Discuss & Describe the Characteristics, Steps & the
Mediation Process; the values of Mediation & Ethical Standards
required of Mediators
6. Take Part in a Mediation exercise
ALTERNATIVE DISPUTE RESOLUTION
MEANING: Alternative Dispute resolution simply means any
process of dispute resolution other than the traditional court room
litigation. It includes a wide range of processes that enable
disputing parties to settle their differences primarily by agreement
as against binding decision. Thus the word alternative refers to
other options to litigation.
ESSENTIAL INGREDIENTS OF ADR
1) It is voluntary & private: parties cannot be forced to use ADR to
resolve disputes and if they use it, they control the mechanics
and rules of the process. They can also withdraw from it at any
time unless and until they make a contractually binding out of
court settlement or agreement.
2) There is sometimes a third party neutral (often a mediator) who
facilitate settlement often by shuttlecock diplomacy but who has
no power to order or impose a solution on the parties.
IS ADR REGULATED?
Arbitration and Conciliation are regulated by the Arbitration and
Conciliation Act Cap. A18 L.F.N., 2004. While The Multi Door
Court Houses have their respective Rules and procedures. Apart
from this, ADR processes are generally private and voluntary.
They are flexible and confidential in nature and are normally
conducted in an ad hoc basis.
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ADVANTAGES OF ADR
1. ADR can be quicker, cheaper and more private and produce more
flexible terms of settlement then litigation or arbitration.
2. Where a third party neutral is involved, he can provide a view that
is perceived by both parties as being more objective. By shuttle
cock diplomacy, he may be able to identify potential solutions that
neither party alone could see.
3. ADR has better chance of preserving relationship between parties
to a dispute.
4. Parties control the process and outcome.
DISADVANTAGES OF ADR
1. One reason which makes ADR quicker and cheaper is because
evidence is not investigated or examined as thoroughly as in
litigation. Instead, only what are thought to be the key issues and
interests are explored.
2. Because ADR is a voluntary process, it is not appropriate when
one party needs immediate judicial relief by way of interlocutory
injunction.
3. Likewise, ADR is unlikely to resolve non genuine dispute. For
example where a defendant is clearly stalling for time and refusing
to admit liability simply in order to hang on to his money for as long
as possible.
4. ADR is not appropriate in test cases where you want a binding
judicial precedent, for example the correct legal interpretation of a
section of law or a clause in a standard form contract.
WHEN TO RESORT TO ADR
At any time before, during or even after judgment in a case, resort
can be made to ADR. Everything depends on the facts and the
circumstances of a particular case. But early resort to ADR is
important.
Note: That in deciding whether to litigate or go for ADR some of the
following factors should be considered:
(a) Parties relationship.
(b)Confidentiality/privacy, especially in cases involving trade secrets
or family issues.
(c) The extent to which the parties need to be involved in the process
and the outcome. (d) Stake: the monetary size of the claim may
affect the willingness of the parties to take risk. (e) Cause and the
lengths of the dispute should also be considered. (f) Time and
cost.
FORMS OF ADR
There are so many forms of ADR. Most common ones include:
1. Negotiation
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2. Mediation.
3. Conciliation
4. Arbitration
NOTE: While arbitration ends with an award, successful Negotiation,
Mediation and Conciliation end with agreement (or settlement) of the
parties.
1. NEGOTIATION: This is a discussion process between the disputing
parties for the purpose of settling dispute between them. It does not
involve the participation of a neutral third party.
Negotiation may be made face to face or it may be made through a
phone call or through written communication etc.
ROLE OF A LAWYER IN A NEGOTIATION PROCESS
He serves as:
-An Evaluator
-A Negotiator (on behalf of client)
-An Adviser, or
-A drafter of agreement
Negotiation Strategies
These are approaches to negotiation, and the most popular of them
are: 1. Competitive (Win-lose): This is an uncooperative, and highly
assertive style. They may or may not also be aggressive. It is used
effectively where you have a strong case and the other party has a weak
case and is merely accommodating.
It should be used wisely because if misused, the style can create
mistrust, distorted communication, tension and the souring of long term
relationship. It can provoke retaliation (the other side becomes
aggressive or the other side becomes avoiding) in either case,
settlement can be severely delayed or a proposed deal can fall apart
and your client may not be grateful.
2. Cooperative(Win-Win Strategy): This strategy is otherwise
called collaborative. It is a principled problem solving strategy. It is in
practice often the most ideal strategy because it gives the best of both
worlds. It allows negotiator to be both assertive in his demands and
compromising at the same time to save relationships between the two or
more disputing parties. This strategy is particularly effective in ensuring
the continuity of business or interpersonal relationship.
3. Compromising strategy: A party having a good case may wish to
compromise his position in order to avoid uncertainties of trial, the delay
involve in going to trial, the emotional stress of a trial, the legal cost of
litigation, the loss of time for a commercial client, the transaction falling
through, or souring an ongoing relationship between two commercial
parties or between members of a family.
100
4. Accommodating Strategy: This should generally be avoided unless

of course the other side has grossly misjudged the situation and you are
only too happy to accommodate them.
Tactics/Styles of Negotiation
There are several of them. The one chosen and applied depends on the
strategy adopted. Some of the styles are: Hard, Firm and Soft.
Tactics include:
Leapfrogging
Take it or leave it
Piecemeal/Nibble
Package deal
Limited authority
Lack of authority
Puff Threat etc.
Stages of Negotiation
-Preparation/Planning stage
-Ice-Breaking(1 st Contact) Stage
-Agenda setting Stage -Bargaining Stage
-Conclusion Stage
-Execution Stage
2. MEDIATION:
MEDIATION is a voluntary, non binding and private dispute resolution
process in which a neutral third party helps the parties to reach a
negotiated settlement.
In other words, it is a process during which the parties to a dispute
meet together and separately in confidence with a neutral and
independent third party to explore and decide how the conflict between
them is to be resolved. Unlike arbitration, the mediator is not empowered
to decide any dispute but simply act as a facilitator to help the parties
reach a mutually acceptable settlement.
QUALITIES OF MEDIATION:
The central quality is its capacity to re-orient the parties towards each
other not by imposing rules on them but, by helping them to achieve a
new and shared perception of their relationship; a perception that will
redirect their attitudes towards each other.
STAGES OF MEDIATION:
1. Preparation stage: which includes identifying and preparing the
venue for the mediation, mediator’s fees, and the date of the
meeting.
2. Opening Stage: which involves introduction of the mediator, his
interest if any, his professional qualification, structure or procedural
frame work for the discussion and grounds rules \
101
3. Identification and Structural Discussion of issues: This

involves identifying and characterizing the issues in dispute and
determination of parties priorities in regard to those issues and
exploration of possible solutions.
4. Movement of parties to agreement: During this period, the
mediator uses techniques of principled negotiation and applies
persuasive pressure on parties to reach an amicable settlement of
the dispute.
5. Closing: During this stage a mutually satisfactory resolution to the
issues is articulated and accepted in some form of written
agreement.
ADVANTAGES OF MEDIATION:
Mediation has advantages as follows:
a. It facilitates communication between disputing parties and restores
communication between them and helps break any deadlock that
may otherwise block the resolution of the conflict.
b. The mediator can help the parties discover common interests
which they may otherwise be unaware of and then reach a
resolution that takes their common interest into consideration.
c. The mediator can expedite the negotiation, stimulate the parties to
suggest creative settlement and help the disputants to assess
settlement alternatives realistically and generally assist them in
reaching a better agreement.
d. The mediator can provide new information and bring in a neutral
perspective to the problem of drafting.
QUALITIES OF A MEDIATOR:
In order to succeed, a mediator must have endearing qualities that
will not only facilitate the process but also make disputants have
confidence in his abilities to mediate and be approachable. Ideally,
therefore, an effective mediator must possess the following
qualities:
i. Respect and adherence to confidentiality.
ii. Fairness.
iii. Patience.
iv. Trust worthiness.
v. Honesty.
vi. Credibility.
vii. Must have active listening skills.
viii. Empathetic.
ix. Neutrality. Creativity and intelligence. Good Communication skills.
Impartial, non judgmental and professionally persuasive.
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ROLE/CONTRIBUTION OF A MEDIATOR
A mediator can help the process of negotiation by:
a. Offering an arena that may well be acceptable to both parties.
b. Bringing experience of a successful negotiation.
c. Contributing to the development of rules to help structure the
process d. Ensuring that the process of negotiation is a fair one.
WHEN MEDIATION IS NOT SUITABLE FOR DISPUTE
RESOLUTION
1. When there is a need to set a judicial precedent.
2. In a dispute bordering on interpretation of Statute.
3. Where there is need for the preservation of theres by an injunction.
4. Public Policy.
3. CONCILIATION
Conciliation is another process where a third party intervenes to assist
the parties to resolve their dispute. To a large extent, conciliation shares
the same characteristics as mediation; and in most jurisdictions, both are
used interchangeably. Sometimes an attempt is made to distinguish
mediation from conciliation by emphasizing the following:
a. Conciliator may give opinion or suggest an agreement for the
parties.
b. It is usually statutorily provided for.
c. Often the conciliator is a government official who is required to
further the objective of the legislation. For example, the Minister of
Labour may act as a Conciliator when there is a dispute under the
Trade Dispute Act.
4. ARBITRATION
Arbitration is the process where the disputants appoint an arbitrator to
resolve their dispute by delivering a binding arbitral award outside the
court. Here the parties retain control of the process, not the outcome.
(Please note that we shall treat Arbitration in detail in the next PES
class).
THE MULTI DOOR COURT HOUSE
This is a court connected ADR Centre with the objective of providing
frame work for ADR. It is an ADR institution with rules of practice and
procedure. Parties who approach the Multi-door courthouse for
resolution of their disputes can opt for Arbitration, Mediation or other
ADR processes depending on which is suitable. Parties who submit
cases to the Multidoor courthouse are guided by the rules of the Multi-
door courthouse. For example, The Abuja Multi-door courthouse
Procedure Rules 2003 provides for procedure to be followed in
Mediation and Arbitration. So if a party submits to the AMDCH for a
mediation for instance, the 2003 rules in respect of mediation will apply.
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The person is liable to pay administrative and mediation fees and for
other expenses incurred by the centre in the course of the mediation
process involving his case.
ABUJA MULTI-DOOR COURT HOUSE PROCEDURE FOR
RBITRATION:
A case for arbitration may be filed before the Abuja Multi Court House
by filing a written notice addressed to the other party indicating an
intention to arbitrate. The notice shall indicate the nature of the dispute,
the amount involved and the relief sought and the venue requested for
the arbitral proceeding. The notice shall be filed together with the
contract containing the arbitral clause or the agreement for the
arbitration and the appropriate filing fees. Rule 4. The respondent has 10
days to respond to the claim and where the respondent counter claimed,
he shall state the nature of the counter claim. Rule 4. Where parties
decide to submit their dispute to arbitration after it has arisen, they can
institute action at the centre by filing notice of submission to arbitration
signed by both parties. The submission shall contain statement of the
nature of the dispute, amount involved if any, and the filing fees paid.
Rule 8. Where parties did not agree on the number of arbitrators, only
one will be appointed . But parties can decide on the procedure for the
appointment of the arbitrator and can also appoint. If they do not appoint
within 30 days the centre will appoint.
ARBITRATORS MAY BE CHALLENGED BY THE SUBMISSION OF A
STATEMENT CONTAINING GROUNDS FOR THE CHALLENGE
WITHIN 30 DAYS FROM THE DATE OF THE RECEIPT OF THE
NOTIFICATION FOR THE APPOINTMENT; OR FROM THE DATE OF
RECEIVING FACTS CONSTITUTING GROUND FOR THE
CHALLENGE. RULE 16
ARBITRATION HEARING AT THE MULTI-DOOR COURTHOUSE
ABUJA
Arbitration hearing takes place at the Centre in the presence of the
parties except, where a party fails to appear after reasonable notice.
Parties can also be represented. Rule 21
FINAL AWARD:
Final award shall be made within one month from the conclusion of
arbitration and not later than 3 months in exceptional circumstances, But
the centre can extend the time. Reason for the award, time and place
must be stated. Rule 28. Note: Abuja Rules do not contain enforcement
procedure. For the enforcement of the award, resort shall be made to
Arbitration and Conciliation Act and Arbitration Rules. Note that an
Arbitration at the Multi-door courthouse is called an Institutional
arbitration.
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MEDIATION AT ABUJA MULTI DOOR COURT HOUSE

Request for mediation or submission to mediation may be made through
the filing of a written request for mediation together with the payment of
the appropriate filing fees. The centre may also be urged to invite the
other party to a dispute to submit to mediation where no agreement to
that effect exists. Rules 1 &2. The nature of the dispute should be
stated. Before the mediation, mediation agreement shall have to be
entered from the beginning between the parties and the centre . The
agreement can be made with the parties personally or through an
authorized representative. The mediation can take place at the centre or
any where appointed by the parties. The role of the mediator is to try to
get the parties to negotiate reasonably. He is not expected to impose
any decision on them. When an agreement is reached, a mediation
agreement will be signed; but if the mediation failed, a declaration to that
effect will be made. Rules 12 & 14.
The Procedure at the Lagos Multi-door courthouse is similar to that of
the Abuja Multidoor courthouse, but there are some differences. See for
instance the Lagos Multidoor courthouse Practice Direction on
Mediation. Lagos Multi-door courthouse (LMDC) was established in
2002, but the Lagos Multi-door courthouse Law came into being in 2007.
It is an integral part of the Lagos State Judicial System.
LMDC offers the following:
Arbitration
Conciliation
Mediation
Negotiation
Neutral evaluation
Other ADR options.
Cases can be initiated by:
Walk-Ins;
Court referrals;
Direct Interventions.
The procedure for arbitration and mediation are similar to the procedure
in Abuja multi-door courthouse earlier discussed. However, there are a
few differences in the area of enforcement of agreements reached. See
Rule 19.
Agreement or MOU reached after ADR process at LMDC shall be
reduced into writing, signed by the parties and neutral third party and
filed at LMDC with necessary attachments.
The Centre shall cause it to be endorsed by the ADR judge in the
presence of the parties or referral judge (if applicable) or other persons
authorized by the CJ.
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Upon endorsement, the Agreement becomes a consent judgment of the

High Court of Lagos State, enforceable by the sheriffs as a judgment or
order of the High court.
Note: that an agreement reached by the parties and signed by them is
enforceable as a contract between them. Note further: that upon being
endorsed by the ADR or Referral judge, it becomes a consent judgment
enforceable as such.
106
(Week 16)
ARBITRATION AND CONCILIATION
I. SULE
CONTENTS
 Meaning and types
 Arbitration Matter, arbitration clause and agreement
 Arbitration Proceeding
 Challenge on the enforcement of Award
 Termination of Arbitral Proceedings
 Conciliation procedure
 Difference between Arbitrator and Conciliator and a mediator
OUTCOMES
At the end of this lesson, students would be able to explain and discuss:
 arbitrable and non arbitrable matters;

 the principles and the laws/rules governing arbitration and
conciliation in Nigeria
 Describe arbitration proceedings and explain how to challenge and
enforce an arbitration award
 Draft an arbitration clause
MEDIATION
A process whereby the disputing parties meet with an impartial person,
the mediator, to attempt to reach a mutually acceptable settlement. It is
devoid of formal court procedures rules of evidence. The whole process
is voluntary, informal, consensual and confidential. and not binding on
the parties unless they sign it as mediated agreement. The mediator's
sole function is not to decide the issues or determine. right or wrong, but
to help the disputants resolve their conflict consensually.
CONCILIATION
Is the process in O which a N third party called a conciliator, at the
request of the parties, seeks to bring the parties together to discuss the
subject matter in dispute and reach an amicable settlement. The parties
may appear in person before the conciliator and may have legal
representation. After analysing the case and hearing the parties, the
conciliator submits his terms of settlement to the parties. If the parties
accept the terms of settlement, the conciliator draws up and signs a
record of settlement. It involves reconciling, appeasing, uniting and
winning over the other party. Conciliation is a technique of dispute
resolution wherein a third party or conciliator (who may or may not be
totally neutral to the interests of the parties) is used by the parties to help
build positive relationships.
107
ARBITRATION
“An arbitration is the reference of a dispute or difference between not
less than two parties for determination, after hearing both sides in a
judicial manner, by a person or persons other than a court of competent
jurisdiction. The persons to whom a reference to arbitration is made are
called arbitrators. Where provision is made that in the event of
disagreement between the arbitrators (usually in such case two in,
number) the dispute is to be referred to the decision of another, or third,
person, such person is called the umpire. The decision of the arbitrator
or umpire is called the award.” Per AGBAJE, J.S.C. (Pp. 82-85, Paras.
E-B) in KANO STATE URBAN DEVELOPMENT BOARD V. FANZ
CONSTRUCTION COMPANY LTD CITATION: (1990) LPELR-
SC.45/1988
ARBITRABLE?
"It is undisputed that before a matter can be referred to arbitration, same
must first be seen to be arbitrable. The dispute must not relate or cover
matters which by law, are not permitted to be settled by other dispute
resolution mechanisms other than in Court, the Arbitration and
Conciliation Act, Cap A18, does not demarcate between disputes that
are arbitrable or otherwise, it has however been judicially recognized as
a matter of public policy that matters relating to crime, matrimonial
causes, winding up of a company or bankruptcy are of such nature that
cannot be settled by arbitration. See: BCC TROPICAL (NIG.) LTD v.
GOVERNMENT OF YOBE STATE OF NIGERIA & ANOR (2011)
LPELR-9230 (CA)... It has always been the case that where fraud and
serious malpractices are alleged in a dispute, same cannot be referred
to an arbitrator for resolution. The jurisdiction of the regular Court on this
issue is iron-clad, as fraud, financial malpractice and collusion are
allegations with criminal consequences and therefore reserved for the
Courts, and an arbitral tribunal, being a creature of contract, is not
endowed with general and wide jurisdiction, bestowed upon regular
Courts, which are equipped to adjudicate in complex issues and are
competent to offer wider range of reliefs to the parties in dispute. See:
Alipak Banerjee & Vyapak Desai on "Is Fraud Open To Arbitration. Per
ABUBAKAR, J.C.A. (Pp. 25-34, Paras. E-E) in MEKWUNYE v. LOTUS
CAPITAL LTD & ORS CITATION: (2018) LPELR-45546(CA)
ARBITRABLE?
THE TEST IN UNITED WORLD LIMITED INC V. MOBILE
TELECOMMUNICATION SERVICES [1998] 10 NWLR (PT. 586) 106.
“the dispute or difference which the parties to an arbitration agreement
agree to refer must consists of a justiciable issue triable civilly. Thus: (a)
an indictment for an offence of a public nature cannot be the subject of
108
an arbitration agreement; b) nor can disputesarising out of an illegal

contract; c) nor disputes arising under agreements void as being by way
of gaming or wagering; d) equally, disputes leading to a change of
status, such as divorce petition, cannot be referred, e) nor, it seems can
any agreement purporting to give an arbitrator the right to give a
judgment f) there is no dispute within the meaning of an agreement to
refer disputes where there is no controversy in being, as where a party
admits liability but simply fails to pay.”
TYPES OF ARBITRATION
Arbitration may be
 customary
 industrial or
 commercial
CUSTOMARY ARBITRATION
Customary arbitration is a process of having a dispute amicably settled
between parties who voluntarily submit to the decision of traditional
chiefs or elders of the community. The range of disputes that may be
submitted to customary arbitration include chieftaincy disputes, landlord
and tenant disputes, family disputes and sale of land under customary
law
TAKE NOTE
1. AGU V. IKEWIBE 12 (1991) 3 NWLR (PT. 180) 385 SC a customary
arbitral award becomes binding only after subsequent signification of
acceptance of the suggested award from which either party is free to
resile at any stage up to that point.
2. EKE V. OKWARANYIA 2001) 12 NWLR (PT. 726) 181 SC for a
customary arbitration to be binding on the parties, the following
ingredients must be pleaded and proved:
1. That there had been voluntary submission of the matter in dispute to
an arbitration of one or more persons;
2. That it was agreed by the parties either expressly or by implication
that the decision of the arbitration will be accepted as final and binding;
3. That the said arbitration was in accordance with the custom of the
parties or their trade or business;
4. That the arbitrators reached a decision and published their award;
5. That the decision or award was accepted at the time it was made.
COMMERCIAL ARBITRATION
There are two basic forms of commercial arbitration. Domestic arbitration
International arbitration
DOMESTIC ARBITRATION
One in which all the parties have their places of business in one country,
for example, Nigeria. It is immaterial whether the parties are Nigerian
109
citizens or foreigners, if they all carry on business in Nigeria and the

arbitration is held in Nigeria.
INTERNATIONAL ARBITRATION
Is one in which the parties have their places of business in different
countries or the subject matter of the arbitration relates to more than one
country or a substantial part of their agreement is to be outside their
places of business.
NOTE- parties may also agree that any dispute arising from the
commercial transaction shall be treated as an international
NOTE THAT
COMMERCIAL ARBITRATION whether domestic or international can
be
a. ad hoc arbitration
b. and institutional arbitration.
Ad hoc arbitration is one in which the parties themselves prescribe the
mode of appointment of the arbitrator who, upon being appointed,
controls the proceedings himself within the limits laid down by law.
Institutional arbitration: one in which the arbitrator is appointed, the

proceedings conducted, and the award issued in accordance with the
rules of a trade or arbitral organization.
Like –
 international chamber of commerce (ICC),
 the London Court of International Arbitration (LCIA),
 the American Arbitration Association (AAA),
 the United Nations Commission on International Trade Law
(UNCITRAL),
 and the international centre for the settlement of investment
disputes (ICSID).
Governing Laws on commercial arbitration
The first is the common law and the doctrines of equity and the second
is statutes.
The principal law in Nigeria is he Arbitration and Conciliation Act
- the Act is not complete code for arbitration, if there is lacuna, it is to be

filled by common law principles, doctrine of equity and trade usages.
- the High Court Rules too contain provisions on arbitration
110
Some states like Lagos State have also enacted their arbitration
laws.
The Lagos State Arbitration Law 2009 (LSAL) applies to all arbitrations
that arise in Lagos State, except where parties have stipulated another
law.
NOTE Domestic arbitrations must be conducted under the Arbitration

Rules contained in the First Schedule to the ACA
NOTE Where there is conflict between ACA and arbitration law of a state
ACA prevails See COMPAGNIE GENERALE DE GEOPHYSIQUE v.
DR. JACKSON D. ETUKCITATION: (2003) LPELR-CA/ C/51/2001
ARBITRATION AGREEMENT
(section 1, Arbitration and Conciliation Act (ACA)).
To be enforceable, an arbitration agreement must be evidenced in

writing, either in:
-A document signed by the parties.
-An exchange of letters, telex, telegrams or other means of

communication which provide a record of the arbitration agreement.
-An exchange of points of claim and of defence in which the existence of

an arbitration agreement is alleged by one party and not denied by
another
SOME BASIC PRINCIPLES
The agreement may be
1. In form of a clause in an agreement
 A separate agreement on how parties intend to arbitrate their
dispute NB - whether in a clause or separate agreement it is
deemed a separate agreement and enforceable even if the rest of
the part of the agreement in which arbitration clause is inserted is
declared invalid - this called DOCTRINE OF SEPARABILITY
(section 12(2), ACA and section 19(2), LSAL)
2. An arbitration agreement may be framed in such a manner as to

prevent any right to court proceedings until an award is first made.
Such a clause is known as a Scott v. Avery clause from the case of
Scott v. Avery clause (1856) 5 HLC 81 See African insurance Dev.
Co. Ltd v. Nigeria LNG Ltd (2000) 4 NWLR (Pt. 653) 494 JSC
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SOME BASIC PRINCIPLES

3. An arbitration agreement may also contain a clause that a claim shall
be deemed to be waived and absolutely barred if an arbitrator is not
appointed within a specific time. Such a clause is known as Atlantic
shipping clause from the English case of Atlantic Shipping and
Trading Co. Ltd v. Louis Dreyfus & Co. Ltd (1922) 2 AC 250
See Section 5 ACA
4. Kompetenz/Kompetenz” – this is an expression used as a shorthand

for the question of whether a tribunal may decide on its own
jurisdiction. In Nigeria, an arbitration tribunal is competent to rule on
the question pertaining to its own jurisdiction
5. “Party Autonomy”. Under the Act, parties are specifically given the
right to makeagreements about most aspects of procedure subject to
the mandatory positions. Meaning that the provisions of the Act will
apply if there are no contrary agreement by the parties.The principle
is of fundamental importance. Thus the parties can choose the
applicable law
6. the lex arbitri – law applicable to the arbitral proceeding is usually the
law of the place where the arbitration is taking place, the lex causae –
the law applicable to the dispute. The parties often chose the
applicable law which may be lex fori – the law of the forum where the
arbitration is taking place or the Arbitration Rules or the conflict rules
of the seat of arbitration. There is also the law applicable to the
enforcement of the award which is the law of the country where the
enforcement is sought.
APPOINTMENT OF ARBITRATORS
 The parties to an arbitration agreement may specify the procedure
to be followed in appointing an arbitrator.
 Where no procedure is specified in the arbitration agreement, the
parties will follow the procedure specified in the Act as follows:
 In the case of arbitration with three arbitrators, each party shall
appoint one arbitrator and the two thus appointed shall appoint the
third arbitrator.
 However, if a party fails to appoint the arbitrator within thirty days
of the receipt of a request to do so by the other party, or if the two
arbitrators fail to agree on the third arbitrator within thirty days of
their appointments, the appointment shall be made by the court on
the application of any party to the arbitration agreement which is:
in the case of arbitration with one arbitrator, where the parties fail
to agree on the arbitrator, the appointment shall be made by the
court on the application of any party to the arbitration agreement
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Sec 7(4) ACA - decision of court to appoint arbitrator is not

appealable See Ogunwale v Syrian Arab Republic (2002) 9 NWLR
Pt. 177 P. 127 CA
APPOINTMENT OF ARBITRATORS
BUT
Where the parties have agreed on the procedure to be followed in
appointing an arbitrator and a party fails to act as required under
the procedure or the parties or two arbitrators are unable to reach
agreement as required under the procedure or a third party,
including an institution, fails to perform any duty imposed on it
under the procedure, any party to the arbitration agreement may
request the court to take the necessary measure, unless the
appointment procedure agreed upon by the parties provides other
means for securing the appointment. See C.G De Geophysique v
Etuk (2004) 1 NWLR Pt 853, P. 20
Arbitration Session
NOTE
 In international arbitration - parties are free to choose their own
procedure
 In domestic arbitration- parties are boud by ACA rules
The session
 Article 15 ACA Rules - parties are treated with equality and each
party is given a full opportunity of presenting his case.
Section 20 ACA - Hearing is by:
 By holding oral arguments;
 On the basis of documents or other materials;
 By both holding oral hearings and on the basis of documents or
other materials
PROCEDURE the Claimant submits to the arbitrator his points of
claim stating the facts supporting his claim, the points at issue, and
the relief or remedy sought by him
The Respondent submits his points of defence in respect of those
particulars set out in the points of claim. - by either admitting or
denying each point of claim
Claimant opens his case by himself or by his counsel and calls his
witnesses who are examined, crossexamined and re-examined
where necessary Respondent calls witnesses who are examined,
crossexamined and re- examined if there is need
PROCEDURE
Respondent sums up his case and the Claimant replies
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The Arbitrator makes an award

AWARD
Section 31 ACA - an arbitral award shall be recognized and enforced
just like judgement of which court, upon the application of any of the
parties to the award.
NOTE - Parties can settle the issues before hearing and request the
arbitrator to make an award on the issues.
ENFORCING THE AWARD
Ebokan v. Ekwenibe and Sons Trading Co (2001) 2 NWLR (Pt. 696)
32 is enforceable in court, a party cannot backout even if the award
doesnt favor him.
But it can be challenged. Until it is challenged it is as good as

judgement of court.
The party enforcing the award files in court:

1. The duly authenticated original award or duly certified copy thereof;
2. The original arbitration agreement or duly certified copy thereof.
CHALLENGING AWARD
Savoia Ltd v. Sonubi (2000) 12 NWLR (Pt. 682) 539 SC
 Where the arbitrator fails to comply with the terms of the arbitration
agreement;
 Where the arbitrator makes an award which on grounds of public
policy ought not to be enforced;
 Where the arbitrator has been bribed or corrupt Where the
arbitrator makes a mistake as to the scope of the authority
conferred by the arbitration agreement
 Where the arbitrator fails to decide on all the matters which were
referred to him;
 Where the arbitrator has breached the rules of natural justice;
Where the arbitrator has failed to act fairly towards both parties,
Thanks for Listening
ASSIGNMENT: ARBITRATION AND CONCILIATION
United World Limited Inc. (United World) a U.S. based Company

engaged in newspaper paper publication and advertisement, entered
into a contract with Mobile Telecommunications Services (MTS), a
Nigerian mobile telecommunication service company to place an
advertisement in a newspaper known as USA Today in consideration of
the sum of $38,250.00 (Thirty-Eight Thousand Two Hundred and Fifty
Dollars). The contract stipulated that MTS was to make payment within
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30 days of signing the contract, coupled with a penalty clause that the
advertiser’s failure to pay within the stipulated time would attract a 1.4%
monthly interest rate. The contract also contained an arbitration clause.
MTS failed to make payment within the stipulated period or at all.
Although it complained that the advertisement came out very late, about
five months after the agreed publication date, MTS accepted its liability
to make payment. When no payment was forthcoming, United World
issued a writ of summons against MTS to recover the advert sum plus
interests. United World also filed an application for summary judgement.
In response, MTS filed an application for stay of the court proceedings,
stating that the matter should be resolved by arbitration in accordance
with the parties’ arbitration clause.
Questions
1. In view of the provisions of section 5 of the Arbitration Act and
other principles on arbitration, advise the parties. Support your
answer with judicial authorities.
2. Draft the arbitration clause
3. Mention three ways on:
(a) How arbitration differs from litigation
(b) How arbitration differs from mediation
(C) How arbitration differs from conciliation
4. Mention three similarities between arbitration and mediation and
between arbitration and conciliation
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(Week 17)
LAW OFFICE MANAGEMENT

OUTCOMES
1. Explain & discuss requirements for establishment, classification &
organization of a Law Firm.
2. Explain the various management functions & how they are applied
to the running of a Law Firm.
3. Explain use & application of IT
 Establishing a law firm
 Classification and organization of law firm
 Law office staff Law office equipment, machines and supplies.
 Law office administration and management.
Establishing a Law Firm
Need to establish a law firm?
 R22 RPC- Legal Practitioner should not visit a client in his home
for the purpose of taking instructions. A Legal Practitioner is
prohibited from touting.
 S.6(2) Regulated and other Professions Private Prohibition Act –
Removal of restriction placed on young L/ P against private
practice.
Why setup a Law Firm?
 Necessity
 Desire to be your own boss
 Realization of ambition
 Profitability of the profession
Qualities for a successful legal practice
 Honesty & integrity- Note R 1 RPC
 R15 RPC enjoins a L/P to perform his duty within the bounds of
the law and to obey his conscience.
 A L/P is prohibited from accepting compensations, commission,
remits e.t.c. from others without the knowledge of his client. R54
RPC
 Respect for colleagues, clients etc A L/P is required to render
proper account for all monies disbursed and collected on behalf of
his client. See Sagoe v. R (1963) 1 All NLR 290; Onagoruwa v.
State (1993) 7 NWLR p.303; R 23 RPC Hard work, determination
and commitment.
Prerequisites for establishing a Law Firm
 Knowledge- Legal and non-legal.
 Skill – ‘Know-how’. See Bello Raji v. X (L/P)
 Values (Ethics)
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 Experience
 Good luck
Financing a Law Firm
 Two types of capital are required
 Startup capital for facilities required in the firm.
 Working capital for recurrent expenditure.
Major sources of the finance
 Owner’s funds/Personal savings.
 Funds from family and friends.
 Loans and overdrafts–From Banks or other financial institutions or
persons.
Business Plan-
 A business plan is a document containing information about the
proposed firm, its goals and the financial projection for it.
Its contents are:
 Name of the owner practitioner
 Name of the firm
 Business address
 Business start date
 Type of firm
 Goals of firm
 Services to be offered
 Segmentation of market
 Market competitors
 Capital requirement
 Borrowing requirement
 Use of fund
 Employment of staff
 Management system
 Security to be provided
 Appendices – Financial projections- profit and loss account.
Clientele (Client search)
 The L/P must ensure there is a market for services before
establishing a law firm.
 Clients range from relatives, friends, banks and financial
institutions, companies, large statutory bodies, Legal Aid Council,
Government establishments & individuals.
CLASSIFICATION AND ORGNAZATION OF LAW FIRMS
 Criteria for classification of firms in Nigeria are:
 Location
 Client base
 Facilities
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 Status of lawyers in the firm

 Number of lawyers
Location-
 Firms in metropolitan cities e.g Lagos, Abuja, Kano and
PortHarcourt.
 Firms in state capitals.
 Firms in semi-urban or rural towns.
Client Base-
 Type of client a firm chooses to serve.
 The benefit a client seeks from the firm.
 Expertise.
 Experience.
 Efficiency.
Facilities
 Here distinction is drawn between modern law firms, that is those
with technologically advanced equipment and traditional law firms,
that is those with basic and simple equipment.
Status of lawyers in the Firm-
 In Nigeria, there is a distinction between S.A.N and non-S.A.N
firms.
 In England, Queen’s Counsel and others.
Number of Lawyers-
 Small – With between 1-4 Lawyers.
 Medium – With between 5-9 Lawyers
 Large – With 10 and above Lawyers.
Organization of Law Firms
 Types of law firm
 Sole Practitionership – L/P practices alone but employs support
staff.
 Sole proprietorship – A L/p establishes a Law Firm and employs
other L/Ps to work in the firm & support staff.
 Associateship – Two or more L/Ps contribute capital to provide
facilities required in the firm and run the firm but each practitioner
has separate clients. Simply share space & general costs eg rent,
utility etc
 Partnership – Here, the partners are all owners of the firm. Have
same clients.
Restrictions on formation of partnerships-
 R 5 (1) RPC- Partnership with nonlawyers is prohibited if the object
is the practice of law. -Partnership must be between lawyers that
are all admitted to practice in Nigeria.
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 R 5(2) RPC- May continue to use name of former or deceased

partner if it does not lead to imposition or deception.
 R 5 (3) RPC- Name of partner who becomes a Judge must be
deleted.
 R 5 (4)- Sole practitioner should not suggest he is running a
partnership. Not to use “A,B & Co. ” . See NdomaEgbe v. ACB
(2003) FWLR Pt.283, P. 152.
 R 5 (5)Unlawful to carry out legal practice as a corporation
How to Form a Partnership-
 Should be in writing and should have a Partnership Agreement
which should cover the following issues:
 Nature and object of the partnership
 The firm’s name
 Location of firm
 Capital contribution
 Division of profit and loss
 Maintenance of income accounts.
 Management.
 Devotion of full time to the firm.
 Expulsion from the firm
 Admission of new partners
 Retirement or death of a partner.
 Withdrawal of partner due to incapacitation
 Annual and maternity leave
 Ownership of assets
 Restraint of trade
 Resolution of disputes
 Termination/dissolution of partnership
Advantages of Sole Practitionership
 Easy to setup
 Enhances quick decision making
 Has unfettered power to manage
 Takes full credit for success of the firm
 More committed
Disadvantages of Sole Practitionership
 Bears the risk of failure alone
 Professional isolation
 More vulnerable to failure
 Inability to specialize
 Problem of getting clients
 The firm does not survive beyond the life time of the sole
practitioner
119
 No room for vacations

Advantages of Partnership
 Sharing of financial responsibilities
 Room for specialization
 More heads to make decisions/ Division of labour
 Easier to get clients
 Easier to get capital to setup, vacation etc
Disadvantages of Partnership
 Joint liability for acts of the partners done within the partnership
business. Agents of one another. United Bank of Kuwait v.
Hammond (1988) 1 WLR 1051.
 Death or incapacitation of one may lead to the breakup of the
partnership
 Delay in decision making
 Friction/disagreements; Distrust etc
Advantages of Sole Proprietorship
 Manages Firm alone leading to fast decision making, lack of
friction, smooth running of Firm
 Takes all profits
 Children & other relations can succeed him.
 Takes credit for success of Firm
 Can go on vacation etc
Disadvantages of Sole Proprietorship-
 The owner is solely responsible for the cost of running the firm
(Capital alone)
 The owner also bears the entire risk of failure of the firm & bears
loss alone.
 Protracted illness or death of the sole proprietor may lead to the
collapse of the practice.
 The sole proprietor takes all decisions alone and this affects the
quality of his decisions.
 May have disgruntled/disloyal juniors etc
Advantages of Associateship
 Easier to set up as they pool resources together/ Still Boss
 Not professionally isolated/ Can share knowledge
 They don’t share profits
 Take credit of success/failure of independent practice
 Enhances a large well furnished office etc.
Disadvantages of Associateship
 Hinders growth as each associate bears loss alone
 Rivalry among associates
 Lack of trust among associates
 Conflicts may arise
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 Due to unequal success, an associate may not keep up to terms of

the associate-ship etc.
Choice of unit of practice
 Whichever unit is chosen will affect the name the firm bears.
 Sole Practitionership – The name must only be the forename
and surname of the sole prac. And does not require registration
under CAMA.
 Sole proprietorship – Forename and surname of the proprietor with
the expression ‘& co’ and must be registered under S.656 CAMA.
 Associateship – The firm may bear the surname of one or more
of the associates with the expression ’&Associates’ the firm must
be registered under S.656 CAMA.
 Partnership – The firm may bear the forename or initial and
surname of some or all the partners with the expression ‘& Co’ or
‘& Partners’. The firm must be registered except where the
partners use only their forenames and surnames.
LAW OFFICE OR LAW FIRM
 Law office or Law Firm, not ‘Chambers’(which is commonly used
in Nigeria)is to be used because of the fused nature of the legal
profession. ‘Chambers’ is appropriate for premises where only
barrister practice his profession.
Finding premises
 The L/P may let or buy premises or buy land to construct an office.
 Find premises through:
 Estate agents
 Newspaper adverts
 Advertising firm’s requirement of property for use as office
 Oral information etc.
Consideration before letting premises.
 Suitability of the premises for use as a law office must be
considered via:
 Compatibility of other businesses in the premises with the law
office.
 Size of the premises
 Location- proximity to target clients or to the court.
Types of premises
 Purpose built office accommodation- Often open space so that
occupiers can lay out their office as they wish.
 Existing building
 Office in the house BUT it:
 Is inconvenient and requires careful planning
 Does not convey a business – like image.
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Room Arrangement
 Open plan room – occupied by more than 10 persons
 Shared enclosed room – occupied by 2-9 persons
 Private enclosed room occupied by one person.
Law Office Layout
 In designing the law office layout, factors to be considered:
 Number of staff and their category
 Equipment and furniture
 Work flow
 Noise level of work
 Future expansion
 Safety requirement
ROOMS IN A LAW FIRM
 Reception Room
 Practitioner’s room- open plan room is unsuitable because:
 Noise level will be high
 Concentration may be difficult
 Confidentiality of client matters will be impaired. Therefore, a
personal enclosed or shared enclosed room should be allocated
depending on:
 Hierarchy, Function, Equality
 Support staff room
 Toilet Meeting/conference room
 Reprographic room
 Library
 Store room
 Car park
LAW OFFICE ENVIRONMENT
 Furniture
 Lighting
 Temperature
 Decoration
 Indices of a quality office environment for a professional firm are:
Location, décor, condition, configuration, comfort, cleanliness,
tidiness and privacy.
LAW OFFICE SECURITY
 The employment of security guards
 Storage of vital documents in a safe
 Installation of locking devices and use of password.
 Installation of anti-virus tool kits Installation of electrical voltage
stabilizing device.
 The use of diskettes, flash drives as backup
 Insurance of goods, premises and contents.
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LAW OFFICE STAFF

 Fee earners – Practitioners who do the legal work.
 Support staff- Who do the non- legal work. They include:
 Secretary
 Messenger
 Cleaner Security guards
 Driver
 Receptionist/Telephonist
 Clerk
 Typist
 Librarian
 Accountant
 Practice manager
 The most basic support staff are: Typist/secretary Messenger/office
assistant.
Methods of attracting staff
 Advertising in newspapers
 Introduction by former and existing staff
 Recommendation by existing and former staff
 Inviting applicants from previous interview
 Recommendation by agents and consultants.
Recruitment of staff
 Job analysis –What the job comprises of.
 Job description – Duties and responsibilities.
 Job specification – Qualification, skills, experience and qualities
required for the job.
Selection of staff
 Performance test for typist and secretaries
 Aptitude test for messengers and clerks Personality test for
telephonists and receptionists
 Interview for jobs where qualification of applicant is a testimony of
their ability
Contract of Employment
 Contents of a written contract of employment include:
 Job title
 Job description
 Date of employment
 Location of staff
 Working hours
 Remuneration
 Gratuity, pension and other entitlement
 Annual leave Sickness and incapacity
 Termination of employment
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 Summary dismissal
 Restraint of trade
Induction of Staff
 History of the firm
 Administrative procedure and culture
 Existing staff
 This help the new staff adjust to the new work environment.
Appraisal of Staff
 Method of evaluating staff performance by a supervisor includes:
 Grading appraisal method.
 Paired comparison
 Checklist appraisal
Retention of Staff
 By adopting right policies and good staff motivation and reward
structure, a firm can retain its good quality staff and avoid wasting
resources on recruitment and training of new staff
Disciplinary and Grievance Procedures
 This should be stated in the office manual and should cover dress
code, lateness, absence, theft of firm property etc
 The procedures usually involve:
 Formal verbal warning
 Formal written warning
 Final written warning
 Dismissal preceded by suspension
 If the breach is a crime, it must first be reported to the police and
the staff convicted before dismissal. See Laoye v. Federal Civil
Service Commission (1989) 2NWLR (pt 106) 652
Law Office Equipment, Machines and Supplies
 Factors to consider in acquiring equipment and machines
 Capacity of the firm
 Compatibility with other equipment Cost
 Maintenance/backup
 Acquisition may be by leasing or purchasing.
Law Office Machines
Generators:
 Petrol-fuelled generators have low capacity.
 Diesel – fuelled generators have a higher capacity.
 Vehicle(s)
 Motorcycle (Not for Lawyer)
Law Office Equipment
 Typewriter
 Photocopying
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 Duplicating machine
 Dictating machines
 Rubber stamp
 Calculator
 Telephone
 Telex machine
 Fax machine
 Dedicated Word
 Processor
 Computer- Desktop/Laptop/ ipad
 Printers
Law Office Supplies
 Letter Head
 Continuation Sheet
 Compliment Slip
 Business Card
 File jackets. See Oshunrinde v. Akande (1996) 6 NWLR (pt 455)
383.
 Office Forms
 Legal Forms
LAW OFFICE ADMINISTRATION
 The running of the firm to provide the environment for achieving
the goals of the firm. i.e to achieve efficiency either with the fee
earner and the support staff.
 Depending on the size and type of the firm e.g: Sole
proprietorship, he can assign any head or junior or appoint an
administrative manager to administer the law firm
 In partnership, responsibilities are shared.
Law Office System & Procedure
 Systems lay down the rules to be followed.
 Procedures regulates the manner in which tasks are performed
 The system and procedure should be stated in an office manual
e.g
 Working hours
 Absence and lateness
 Attendance register
 Confidentiality at work
 Salary increment etc
Time Management Prioritizing Work
 Priority One: Urgent and important
 Priority Two: Urgent but not important
 Priority Three: Not urgent but important
 Priority Four: Neither urgent nor important.
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Reminder System
 Personal reminder system for the Practitioners. There are of 3
types:
 Personal Diary-Pocket size
 Office Diary-Kept in the office
 Firm Diary- For the entire working of the office
 Firm Wide Reminder System e.g The pre-printed form reminder
system.
Filing System
 Alphabetical
 Non-alphabetical (numerical filing)
 Length of time
 Distinguish between matters with status of limitation period and
matters with no limitation of time
ASSIGNMENT
PROFESSIONAL ETHICS & SKILLS
(i) LAW OFFICE MANAGEMENT; (ii) IT IN LAW OFFICE
MANAGEMENT
Instructions: Attempt the following task and use answers as a

guide to assist with your private study.
TASK
Sheila Adams, Jubril Aigbe and Martins Crowther were friends right from
the University of Jalingo, Nigeria. After obtaining their Law degrees, they
proceeded to the Enugu, Kano and Lagos Law School Campuses
respectively. They successfully completed the Bar course and have
coincidentally been posted to Abuja for their Compulsory NYSC
programme. In camp, the trio agreed that after five years of Law
practice, they would come together to establish a Law Office. Sheila said
she wanted the office to be established in such a way that the three of
them would pool funds together and be able to share profits when the
occasion arises. Jubril on the other hand agreed to the aspect of pooling
funds but would like a situation where his practice would be independent
of other persons’. He preferred to have separate clientele but did not
mind paying for all office utility and other bills together. Martins said he
had always fancied a situation where he would be his own boss, working
on his own but with the employment of junior lawyers working under him.
Now answer the following questions.
a. What option of Law practice is open to Sheila when she decides to
start practice?
126
i. State the advantages and disadvantages of this type of

Law office
b. What option of Practice is open to Jubril from the description given
by him?
Law office
c. What option of Law practice is open to Martins from the description
of practice given by him?
Law office.
d. Is there any other type of Law practice that the trio have not yet
considered? If so, which is it?
Law office.
Having been called to the Nigerian Bar for the past two years, Yasmin
Danfodio desires to set up her own Law firm. Her father on the other
hand is not convinced that she is mature enough to start her own Law
office. He wants her to continue in the present Law office where she
works. She is trying to persuade him on why she must open her own
office.
e. State what reasons she can use in persuading her dad for her to
start her own Law office.
f. Assuming her father is seeking to source a law office for her,
advise him as to how to proceed on the task.
Sheila is contemplating applying for the position of Senior Advocate of
Nigeria. Sheba has been assisting her boss to get her documents ready.
She noticed that Sheila was producing documents in the business centre
close to her office when she could have easily produced them in her own
office. Sheila’s response was that she was not very savvy.
Now answer the following questions.
g. State at least ten ICT equipment that can possibly be used for
getting work done in a Law Office environment and their uses.
h. State five challenges that the use of the equipment could pose
within the Law office.
i. Assuming Sheila scales the first hurdle of the application process,
state what the committee would be watching out for during such
inspection.
Students Assignment
Kidnapping and armed banditry have been on the increase in recent
times in Zamfara State. Regrettably, several persons have been killed
and property worth millions of naira destroyed by armed bandits. The
state government is worried by the nefarious activities of the armed
127
bandits and has resolved to enact a law that will prescribe death penalty
for kidnapping and armed banditry. Under the law, a body will be
established to strictly monitor the implementation of the law. The law
when enacted will come in to force on the day the governor assents to it.
As a counsel in the Zamfara State Ministry of Justice, the solicitor-
general has instructed you to prepare a bill that will be presented to the
Zamfara State House of Assembly for the enactment of the legislation.
Answer the following questions
1. Identify the stages you will follow to enable you prepare the bill for
presentation to the House of Assembly
2. Assuming analysis is one of the stages you identified in 1 above,
mention the factors that will be considered in that stage
3. Draft the following parts of the proposed legislation
a. Long title
b. Commencement
c. Short title
d. Enacting Formula
e. Establishment Clause
f. Interpretation Clause by giving the word kidnapping a closed
definition and armed banditry an open definition
4. State three duties you owe the Zamfara State Government in the
circumstance
5. Mention three qualities you need to possess that will help you to
properly carry out the assignment.
QUESTION ON INTEPRETATION OF STATUTES

Section 1(a) of the Code of Conduct for the Members of the Nigerian
Law School Community provides that: “The SRC President shall have
the power to seize the mobile phone(s) of anyone found using it in class
during lectures.”
Section 2 of the Code provides that: “Where a student is alleged to have
committed any misconduct, a query letter calling for his response to the
allegation against him shall be issued to him, after which a panel shall
be set up to investigate the alleged misconduct”.
Section 3 of the Code provides that “Where a student is caught cheating
in an examination, a panel shall be set up to investigate the matter and if
found culpable, the student shall be expelled”.
Section 4 of the Code provides that “A student, a lecturer, a cleaner of
the Law School, a System Technician of the Law School or any other
person that enters the Lecture Auditorium must clock in their names on a
computer”.
Mr. Ademora, a lecturer at the School and Chinedu were observed using
their phones in class during a Property Law Practice Lecture.
128
Mr. Ademora during the course of the said lecture informed the class
that one of the reasons for the enactment of the Land Use Act was the
problem faced by Government at all levels in acquiring land for
developmental projects. Hence, all land in the country by the provisions
of the Act became vested in the Governor of each state with powers to
grant rights of occupancy to occupiers of land and also deem occupiers
of land who were in occupation of any land immediately before the
enactment of the Land Use Act as deemed holders of Rights of
Occupancy. He now posed a question to the class asking “whether a
customary tenant could be deemed as the holder or owner of a right of
occupancy over and above his landlord simply because the customary
tenant was in occupation of the said land”?
Guy Bobo was caught cheating during the Bar Final Examinations, a
panel was set up to investigate the matter, he was found culpable and
was subsequently expelled. He has sued the Council of Legal Education
in Court contending among other issues that a condition precedent
which is the issuance of a Query Letter to him was not met, hence his
expulsion from the school is a nullity and prayed for an order of court
admitting him to the Nigerian Bar and declaring him a Barrister and
Solicitor of the Supreme Court of Nigeria.
1. With the aid of appropriate Rules of Interpretation of Statutes,
advise the SRC President on why his powers of seizure of phones
would not be applicable to Mr. Ademora but may be enforceable
against Chinedu.
2. As the judge in the suit filed by Guy Bobo, which of Rules and
Maxims of Interpretation of Statutes would you employ in rejecting
Guy Bobo’s contention regarding the non - issuance of a query
letter to him as a condition precedent to his investigation and
subsequent expulsion?
3. As the judge in the suit filed by Guy Bobo, what Rules and Maxims
of Interpretation of Statutes would you employ in rejecting Guy
Bobo’s prayers for admission to the Nigerian Bar by an order of
court?
4. With regards to the question posed by Mr. Ademora in class, what
Rule of Interpretation of Statutes would you use in answering Mr.
Ademora’s question in the negative? State the steps you would
consider when applying the most appropriate Rule of Interpretation
of Statutes in this circumstance?
5. Assuming the Minister for Justice and Attorney-General of the
Federation pays a visit to the Law School, enters the Lecture
Auditorium without clocking in his name on the computer, what
Rule of Interpretation would you employ in justifying his exclusion
from the application of Section 4 of the Code?
129
SCENARIO ON ADR
Mr. Okon Samuel was allotted Plot 1268 Maitama Cadastral district by
FCDA Abuja on 20th January, 2010. In 2015, he carried out a survey of
‘his’ property and commenced the development of a 6 storey office
complex. He was on the fourth floor when Mr. Sule Onigbanjo went to
court to obtain an injunction restraining him from continuing the
development on his (Mr. Onigbanjo’s) land. On inspection of the
cadastral survey map of Maitama, it was discovered that the plot Mr.
Okon had been developing was the adjacent Plot 1266. The parties
have agreed to submit their dispute to mediation at the instance of the
District Governor of Rotary International District 9130 under which is
their Club, Rotary club of Maitama. Both of them are Rotarians. The
parties have agreed to respond to mediation by Chief Oloro.
During the mediation session, Chief Oloro clearly pointed it out to both
parties that the plot being developed by Mr. Okon was the adjacent plot
1266. The parties are seeking amicable resolution of the issues which
culminated in the order of interlocutory injunction.
i. Advise the parties on the other ADR options open to them apart
from the one mentioned in the scenario.
ii. What negotiation strategy would be most appropriate to ensure the
matter is withdrawn from court?
iii. Give at least 5 reasons why you would advise the parties not to
proceed with the case in court.
iv. Identify the stages Chief Oloro will go through to get the matter
resolved as stated in the scenario above.
v. Apart from the scenario above, identify the other types of disputes
where Mediation may be applicable.
130
(Week 18)
1. REMUNERATION OF LEGAL PRACTITIONERS

2. DUTIES OF LAWYER ON CHARGING CLIENTS
BY
DR. (MRS) NGOZI CHIOKE
OUTCOMES
1. Explain and discuss the rules and principles applicable to legal
practitioners remuneration including the process of recovery of
charges
2. Draft bill of charges and statement of claim for the recovery of
charges
3. Explain the process of taxation of bill of charges
4. Explain the rules and regulations relating to charging of fees by a
legal practitioner
CONTENTS
1. Legal Practitioners
Remuneration: tit-bits for chargingtime charging, gearing, use
of deposits, quotations, discounts, over billing, billing by writing,
etc; Guide to fixing fee, retainers, division of fees, contingent
fees; suing for fees- right to sue, competent court, conditions
precedent, ascertaining proper charges by the court, taxation,
awards and quantum meruit; scale of charges, charges for
documentation and in contentious business; acquiring interest
in litigation, security against remuneration and interest on
disbursement, charges, Rules making organs, ethical issues in
charging
2. Drafting of Bill of Charges
3. Drafting statement of claim for recovery of charges
4. Pro bono and legal aid
5. Taxation of bills of charges of a legal practitioner
LEGAL PRACTITIONERS’ REMUMERATION
RULES FOR CHARGING PROFESSIONAL FEES
 A lawyer is entitled to be paid adequate remuneration for his
services to the client >R. 48 RPC
 Thus shall charge fees commensurate with services rendered >R .
52(1) RPC Exception > R. 52(2) RPC
 Probono services
 A lawyer shall not > R. 52 RPC
- Enter into an agreement for, charge or collect an illegal or clearly
excessive fees
131
- Charge a fee so low as to amount to undercutting

- Sharing his fees with non lawyers > R. 3 (1)(c) & R. 53 RPC
GUIDE FOR FIXING FEE

TYPES OF FEES
1. Scale fee
2. Fixed fee
3. Appearance fee
4. Hourly rate fee
5. Percentage fee
6. Contingent fee
 Lawyer may agree with his client to charge contingent fee it is:
- Reasonable
- Not vitiated by fraud, mistake or undue influence
- Not contrary to public policy
- Not a criminal but a civil matter
- There is a bona fide cause of action (if contentious) >R . 50 RPC
DETERMINATION OF FEES
 Charging of fees are regulated by statutory provisions
 Legal services can be categorised into:
- Contentious work
- Non contentious work
RETAINERSHIP
Regulated by R. 49 RPC
It is the agreement by a legal practitioner to give services to a client
 Special retainer – covers particular matter
 General retainer - covers matters in particular area for the client>
CONTENTIOUS WORKS
Factors to consider in determining reasonable/ commensurate fee
are: R> . 52 (2) RPC
1. The time
2. The skill and labour required
3. Novelty and difficulty of questions involved
4. Loss of opportunity of appearing for other persons
5. Customary charges of the Bar for similar services
6. Contingency or certainty of the compensation
7. Amount of money involved
8. Benefit accruing to client
9. Whether the client is a constant or a casual one. No maximum fee
or minimum fee because no two cases are the same in all
respects.
132
NON CONTENTIOUS WORKS

Regulated by:
 A. Legal Practitioners Remuneration Committee &
 B. Rules of Professional Conduct.
 Bills for Non contentious works are charged as stipulated by the
Legal Practitioners (Remuneration For Legal Documentation and
Other Land Matters) Order 1991
PRO BONO SERVICES
 Such free legal service can be rendered in a contentious and non-
contentious cases
 It is one of the criteria for the award of the rank of SAN
 See S. 9(2) LPA & Rule. 52(1) RPC
SCALE OF CHARGES
 Contained in >
- the Legal Practitioners (Remuneration for Legal Documentation
and Other Land Matters) Order 1991
 Made by >
- The Legal Practitioners Remuneration Committee under the power
conferred on them S . 15(3) of LPA
 Divided into three scale of charges:
- Scale I – sale or purchase of land and mortgage transactions
- Scale II – lease or agreement to lease at a rent and Scale
- III – other legal documentations not provided for in Scale I and II
See Schd. 1 of the Order
SCALE I
 Regulates:
- sale or purchase of land >
 sale and purchase by public auction
 deducing titles, perusing, preparation and completion of legal
documentations
 Negotiating sale or purchase of land by private auction
- mortgage transactions >
 negotiation of loan
 deducing titles, perusing, preparation and completion of Mortgage
The scale is divided into three parts, to wit:
 Part I & II - schedule of fees chargeable for specific transactions
 Part III – rules
 Part III - Rules > Legal practitioner is entitled to:
Mortgage transaction:
 If representing one party > full fee of that party’s solicitor
 If representing both parties > full fee of mortgagee’s solicitor and
half of mortgagor’s solicitor
133
- Sale of land:
 If represents one party> full fee of that party’s solicitors
 If representing for both parties > full fee of the vendor’s solicitor
and half fee of the purchaser’s solicitor
SCALE OF CHARGES UNDER

(1) (2) (3) For the (4) For the 4 (5) For the
Transaction For the first second and th and each remainder
conducted N1, 000 per third N1,000 subsequent without limit
N100 per N100 N1,000 up to per N100
N20, 000
per N100
1. Vendor’s
legal
practitioner for
conducting a N22.50k N5.62k N3.75k N2.80k
sale of
property by
public auction
(a) When the
property is
sold
(2) For the (3) For the (4) For the (5) For the
first N1, 000 second and 4th and remainder
(1) per N100 third N1,000 each without limit
Transaction per N100 subsequent per N100
conducted N1, 000 up
to N20, 000
per N100
(b) When the N11.25k N5.62k N2.80k N(5) For the

property is not remainder
sold without limit
per
N1001.48k
(1) (2) For the (3) For the (4) For the (5) For the
Transaction first N1, 000 second and 4th and remainder
conducted per N100 third N1,000 each without limit
per N100 subsequent per N100
N1, 000 up
to N20, 000
134
per N100
2. A minimum
charge of
N100.00k is to
be made
whether a sale
is effected or
not
N1, 000 up
to N20, 000
per N100
3. Vendor’s As in Part II N22.50 N11.25 N5.00
legal thereof
practitioner for
deducing title
to leasehold
property and
perusing and
completing
legal
documentation
N1, 000 up
to N20, 000
per N100
4. Purchaser’s As in Part II N22.50 N11.25 N7.50
legal thereof
practitioner for
investigating
title to
leasehold
property and
preparing
legal
documentation
135

N1, 000 up
to N20, 000
per N100
100
5. Mortgagor’s N11.25 N11.25 N3.75 N2.50
legal
practitioner for
negotiating
loan
N1, 000 up
to N20, 000
per N100
6. Mortgagor’s As in Part II N22.50 N11.25 N2.50
legal thereof
practitioner for
deducing title
to leasehold
property,
perusing
mortgage and
completing
N1, 000 up
to N20, 000
per N100
7. N22.50 N22.60 N7.70 N5.00
Mortgagee’s
legal
practitioner for
negotiating
loan
136

N1, 000 up
to N20, 000
per N100
8. As in Part II N22.50 N11.25 N2.50
Mortgagee’s thereof
legal
practitioner for
investigating
title to
leasehold
property, and
preparing and
completing
mortgage
N1, 000 up
to N20, 000
per N100
9. Purchaser’s N22.50 N3.75 N3.62 N2.80
legal
practitioner for
negotiating a
purchase and
vendor’s legal
practitioner for
negotiating a
sale of
property by
private auction
CALCULATION EXERCISE
Assuming that Eze Igwe is the vendor’s legal practitioner for conducting
sale of a property by public auction for N50,000, calculate Eze Igwe’s
charges.
STAGE 1: For the first N1,000 Eze Igwe would charge N22.50k on every
N100 for the N1,000:
137
N1,000 X N22.50
N100 1
= N10 X N22.50
= N225.00k
STAGE 2: For the 2 nd & 3rd N1, 000 He would charge N5.62k on every
N100 for N2,000:
N2000 X N5.62
N100 1
= N20 X N5.62
= N112.40k
STAGE 3: For the 4th & each
subsequent N1,000 up to N20,
000
He would charge N3.75k on every
N100 for N17,000:
N17000 X N3.75
N100 1
= N170 X N3.75
= N637.50k
STAGE 4: For the remainder without
limit (i. e. N50,000 – N20,000)
He would charge N2.80k on every
N100 for N30,000:
N30,000 X N2.80
N100 1
= N300 X N2.80
= N840.00k
EZE IGWE’S TOTAL FEES
 Add up stages 1, 2, 3, and 4 as follows:
Stage 1: 225.00k
Stage 2: 112.40k
Stage 3: 637.50k
Stage 4: 840.00k
Total = N1,814.90k
SCALE II
 Regulates:
- charges for leases or
- Agreements for leases
 Has 3 parts >
 Part I – charges for lease for a period less than 35 years
 Part II – Charges for lease for 35 years and above SCALE II
 Part III – rules >
- The legal practitioner is entitled to:
138
 If representing one of the parties

– full fee of the party’s solicitors
 If representing both parties – full fee of the lessor’s solicitors and
half fee of the lessee’s solicitors
The scale is divided into two major charges:
- For Lessor’s legal practitioner and
- For Lessee’s legal practitioner
FOR LESSOR’S LEGAL PRACTITIONER
 For preparing, settling and completing the lease and counterpart >
(a) Where the rent does not exceed N100 – N37.50k on the rent
but not less than N25 in any case
(b) Where the rent exceeds N100 but does not exceed N1000 –
N37.50k for the first N100 and N25 for each subsequent
N100 or part thereof
(c) Where the rent exceeds N1000 – N37.50k for the first N100;
N25 for each N100 or part thereof up to N1,000 and N12.50k
for every subsequent N100 or part thereof after the first
N1000
FOR LESSEE’S LEGAL PRACTITIONER
 For perusing draft and completing the transaction, the lessee’s
legal practitioner shall be entitled to:
- half of the amount payable to the lessor’s legal practitioner.
CALCULATION EXERCISE
 Assuming that Eze Igwe was the Lessor’s legal practitioner for a
lease transaction in which the rent was N10,000, calculate his
legal fees
STAGE 1: For the first N100
 He would charge N37.50k
STAGE 2: For each subsequent N100 up to N1,000
 He would charge N25 for each N100 up to N1,000:
N900 X N25.00
N100 1
= N9 XN25.00
= N225.00k
STAGE 3: For the remainder above N1,000, that is N9,000
 He would charge N12.50k on every N100 for N9,000:
N9,000 X N12.50
N100 1
= N90 X N12.50
= N1,125.00
139
EZE IGWE’S FEES

 Add up stages 1, 2, and 3 as follows:
Stage 1: N 37.50k
Stage 2: N225.00k
Stage 3: N1,125.00k
TOTAL: N1,387.50k
EZE IGWE’S TOTAL FEE = N1,387.50k
SCALE III
 Regulates:
- Non contentious legal work for which no scale of charges is
provided for in the Order.
- Eg. Incorporation of companies, searches at lands, probate and
CAC, securing release of detained person from police station etc.
 Cases where a legal practitioner may charge under it are:
a) Where the type of work is not provided for in scale I and in scale II
b) The work is provided for in Scale I or Scale II but:
 He elects to charge under scale III and
 He has given written notice of his intention to his client before
commencing the work see S. 5 of the order
 The case is not contentious
 The amount charged should be fair and reasonable in all
circumstances of the case.
RECOVERY OF PROFESSIONAL FEES RECOVERY OF
PROFESSIONAL FEES
 Court of competent jurisdiction >
- High court
 High Court where:
- The lawyer >
 Carries on his practice or
 Usually resides or
 Where the proceedings stated in his claim was commenced
- The Client >
 Usually resides or
 Has his principal place of business
Note:
- Lawyer may claim 10% interest per annum on disbursements
made and costs incurred in the course of the work
 Three mandatory conditions/steps:
- Prepare bill of charges
- Serve bill of charges
- Allow period of one month from date of service of bill of charges to
elapse> See S . 16(2) LPA
140
- File action in appropriate High Court

PREPARE BILL OF CHARGES
 Solicitor must:
- Prepare a bill containing particulars of principal items >
 work done - cost
 expenses - disbursements
- Signed by the solicitor > if a firm – by one partner or In the name
of the firm
SERVICE OF BILL
 The bill must be served on the client:
- Personally or
- Left at his last known address or
- Sent by post addressed to him at his last known address
PERIOD OF ONE MONTH TO EXPIRE AFTER DELIVERY
 After service, a period of one month must expire before the legal
practitioner can institute an action
 One month > one calendar month Not 30 or 31 days > See S. 18
of Interpretation Act
 Court may reduce the period if:
- Solicitor delivered bill of charges
- The charge appears on the face of it to be proper in the
circumstances
- Circumstances exist, indicating that the client is about to do an act
to prevent or delay its payment S. 16 LPA
SUMMARY OF STEPS FOR RECOVERY
1st Step > prepare bill of charges
2nd Step> sign bill of charges
3rd Step > Serve bill of charges
4th Step > wait for one month to expire after service
5th Step > file action in the High Court
DRAFTING BILL OF CHARGES
CONTENTS OF BILL OF CHARGES
The contents are >
1. Subject matter
2. Particulars of the charges, Fees and other disbursements
3. All the charges, fees and disbursements
4. Summarized statement of the legal work done
5. The standing of the legal Practitioner at the bar in terms of years of
experience Oyekanmi v. NEPA (2000) 15 NWLR (Pt. 690) 414 –
141
TAXATION OF BILL OF CHARGES OF A LEGAL PRACTITIONER

TAXATION OF FEES
 Court can direct that the bill of charges delivered by a lawyer be
taxed
 It can do so upon application by:
- The client or
- The legal practitioner See S. 17 & 18 LPA
 Conditions for order of taxation:
- The client/legal practitioner must make the application within one
month of the service of the bill
- Direction for provision of security (if made), has been complied
with by the client.
ASSIGNMENT
MARKING SCHEME FOR TASKS ON REMUNERATION OF LEGAL

PRACTITIONERS
QUESTION 1:
(a)
XYZ CHAMBERS
(LEGAL PRACTITIONERS)
NO. ABC ADDRESS
TEL: 0009993303E-mail: hi@gmail.com Website: www.mzc.com
Our ref:……………………. Your ref:……………………….
Date: Any date.
Mrs Kayuba Ada,

No. 10 Isiuzo Street,
Ogui New Layout,
Enugu Street,
Dear Madam,
BILL OF CHARGES
142
IN RE: SUIT NO……..….. BETWEEN MRS KAYUBA ADA vs.

AGRICULTURAL BANK PLC
S/ DATE DETAILS OF WORK DONE CHARGE

NO.
1. 1/11/2013 Filing of Writ of Summons and other N30,000
court processes with service
2. 6/11/2013 Filing of motion on notice for summary N10,000
judgement with service
3. 6/11/2013 Typing and printing of court processes N5,000
4. Between Ten Appearance made on your behalf N20,000
6/11/2013 in this case at the agreed rate of
and N2,000 per appearance
11/12/2013
5. 11/12/2013 Getting Copy of the judgement N2,000
6. 17/12/2013 Arrangements for levying execution of N50,000
the judgement
7. 21/12/2013 Our Professional fees for conducting N400,000
this case till judgement - 5% of
N8,000,000 as agreed
Total Disbursement N517,000
Less payment on Account N100,000
TOTAL One million, eighty five thousand naira N417,000
only
------------
Mr. ABC
(Counsel)
(b)
The steps that I would adopt to recover my professional fees are:

1. I would wait for the expiration of one month from the date of
service of the bill of charges on her
2. Thereafter, I will file an action in the High Court
(c)
The factors that Obi Ben Esq would consider in charging his
professional fees for the case are:
1. Contingency or certainty of the compensation
2. The time the case would take
3. Customary charges of the Bar for similar services
143
4. The skill and labour required to complete the work

5. Novelty and difficulty of questions involved
6. Amount of money involved
7. Loss of opportunity of appearing for other persons
8. Benefit accruing to client
9. Whether the client is a constant or a casual one
(d)
The types of fees and their brief explanations are:
–
1. Scale fee - charges based on scale in the Legal Practitioners
(Remuneration for Legal Documentation and Other Land Matters)
Order 1991
2. Fixed fee – charged on rate fixed for specific works
3. Appearance fee – charged by Legal Practitioners for appearing in
court for a client
4. Hourly rate fee – charged at a specific rate per hour that the legal
practitioner renders his services
5. Percentage fee – charged at a given percentage based on the
value of the transaction
6. Contingent fee - It is fee paid or agreed to be paid by client for the
lawyer’s services under arrangement whereby the amount of the
compensation (whether fixed or determined by a formula) would
depend on the successful completion of the case or brief.
QUESTION 2:
Calculation of my professional fees:
o STAGE 1: For the first N1,000 per N100

I would charge N11.25k on every N100 for N1,000:
N1,000 x N11.25
N100 1
= N10 x N11.25
= N112.50k
o STAGE 2: For the 2nd & 3rd N1,000 per N100 > N2,000
(2nd N1,000 + 3rd N1,000)
144
N2,000 x N11.25
N100 1
= N20 x N11.25
= N225.00k
o STAGE 3: For the 4th & each subsequent N1,000 up to N20,000

per N100 > N17,000
(N20,000 – 1st, 2nd and 3rd N,1000, i.e. N3,000)
N17000 x N3.75
N100 1
= N170 x N3.75
= N637.50k
o STAGE 4: For the remainder without limit > N9,980,000

He would charge N2.50k on every N100 for N9,980,000:
N9,980,000 x N2.50
N100 1
= N99,800 x N2.50
= N249,500.00k
o EZE IGWE’S TOTAL FEES:

Add up stages 1, 2, 3, and 4 as follows:
Stage 1: 112.50k
Stage 2: 225.00k
Stage 3: 637.50k
Stage 4: 249,500.00k
Total = N250, 475.00k
o The total fee would be the sum of N250,475.00K
145
REMUNERATION OF LEGAL PRACTITIONERS & DUTIES OF

LAWYER ON CHARGING CLIENTS
CLASS TASKS
QUESTION 1:
You represented Mrs. Kayuba Ada of No. 15 Isiuzo Street, Ogui New
Layout, Enugu in a case of recovery of N10,000,000 owed to her by
Agricultural Bank Plc with respect to contract for the supply of five
hundred tons of cashew nut worth N10,000,000.00 (Ten million naira
only), which she supplied to the bank for onward exportation to
Malaysia.
It was agreed between the two of you that she would bear all the
expenses for the documentation, filing and services; pay N2,000 as
appearance fee for every day you went to court and 5% of the actual
sum recovered as your professional fees. Before you filed the case, she
made a payment on account of N100,000. In the course of doing the
case, you spent the sum of N30,000 on 1/11/2013 for filing of writ of
summons and other court processes with service; N10,000 for filing of
motion on notice and service on 6/11/2013. You made a total of 10
appearances in the case. You also spent N5,000 for typing and printing
these court processes. On 11/12/2013, consent judgement was entered
in favour of your client for the sum N8,000,000.00. You paid N2,000 to
get a copy of the judgement. You applied for writ of execution and went
for enforcement on 17/12/2013 and spent N50,000.00 in relation thereto.
On 21/12/2013, a banker’s cheque for the judgement sum in favour of
your client was delivered to you.
(a) Draft your firm’s bill of charges?

(b) You have served Mrs. Kayuba Ada your bill of charges and
she refused to pay, state the procedure you would adopt to
recover your professional fee?
(c) Assuming that you have decided to file an action against
Mrs. Kayuba Ada, and Obi Ben Esq. represented you, state
the factors that Obi Ben Esq. would take into consideration in
charging his professional fees for this matter?
(d) State and briefly explain the types of fees that a lawyer can
charge his clients?
QUESTION 2:
You represented Mrs. Kayuba Ada of No. 15 Isiuzo Street, Ogui New
Layout, Enugu in negotiating a loan of N10,000,000 which she collected
from Agricultural Bank Plc. Calculate your professional fee for this
service.
146
(WEEK 19)
1. LEGAL PRACTITIONERS’ ACCOUNTS;
2. LEGAL PRACTITIONERS’ ACCOUNTS RULES.
By
K.A. Omengala
LEARNING OUTCOMES.
At the end of this lesson, students will be able to:
1. Explain and discuss the provisions of the LPAR;
2. Explain and discuss types of accounts, types and objectives for
books of accounts, sources of client’s money and trust money;
3. Draft a cashbook and ledger for personal account, firm account,
and client account;
4. Explain and discuss classification of transactions into personal and
impersonal accounts; and
5. Explain the rules and procedure for inspection and enforcement of
lawyer’s accounts
INTRODUCTION:
 Every legal practitioner in Nigeria is under obligation to open,
maintain and operate certain bank accounts.
 These accounts are regulated by the LPA and the LPAR, 1964.
 Legal practitioners are also to keep certain books of account and
records of their financial transactions in their law firms.
ACCOUNTS
1. CLIENT ACCOUNT;
2. TRUST BANK ACCOUNT; and
3. INDIVIDUAL/FIRM/PARTNERSHIP ACCOUNT.
CLIENT ACCOUNT. R.3 LPAR.
 Every legal practitioner in Nigeria who holds or receives money on
behalf of a client is mandated to open a client’s account or as
many clients’ accounts as he desires.
 The client account may be a current or deposit account which
should be in the name of the legal practitioner and should contain
the word ‘’client’’ in its title.
 No personal money of the legal practitioner, other than the money
used in opening the account, must be paid into the account.
WHAT IS CLIENT’S MONEY? R.2(1) LPAR.
 It means any money held or received by a legal practitioner on
account of a person for whom he is acting in relation to the holding
or receipt of such money either as a legal practitioner or, in
connection with his practice as a legal practitioner, as agent,
147
bailee, stakeholder or in any other capacity; provided that it shall

not include:
a. Money held or received on account of the trustees of a trust of
which the legal practitioner is a solicitor-trustee, or
b. Money to which the only person entitled is the legal practitioner
himself, or, in the case of a firm of legal practitioners, one or more
of the partners in the firm.
MONEY TO BE PAID INTO CLIENT’S ACCOUNT. R.4 LPAR.
a. Trust money;
b. Such money belonging to the legal practitioner as may be
necessary for the purpose of opening or maintaining the account;
c. Money meant to replace any sum which, may by mistake or
accident, have been drawn from the client’s account;
d. Any cheque or draft received by the legal practitioner which
contains client money and trust money which the legal practitioner
did not split.
WITHDRAWALS FROM CLIENT ACCOUNT. R.7 LPAR.
IN THE CASE OF A CLIENT’S MONEY:
a. Money properly required for payment to or on behalf of the client;
b. Money properly required for, or towards payment of a debt due to
the legal practitioner from the client which the client has
acknowledged in writing;
c. Money required for the reimbursement of the legal practitioner for
expenses made by him on behalf of the client of which notification
in writing has been given to the client;
d. Any money, the withdrawal of which is, authorized by the client;
Money properly required for or towards payment of the legal
practitioner’s costs where a bill of costs or other written intimation
of the amount of the costs incurred has been delivered to the client
and the client has been notified in writing that the money held for
him will be applied towards or in satisfaction of such costs.
IN THE CASE OF TRUST MONEY:
a. Money properly required for payment in the execution of a
particular trust;
b. Trust money contained in a cheque or draft which the legal
practitioner did not split before paying it into the client account;
c. Money mistakenly or accidentally paid into the client account by
the legal practitioner;
d. Money to be transferred to a separate bank account kept solely for
the money of a particular trust.
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CLIENT’S MONEY WHICH MAY NOT BE PAID INTO CLIENT

ACCOUNT.R9 LPAR.
a. Cash received by him on behalf of a client which, without delay, he
pays, in the ordinary course of business, to the client or to a third
party;
b. Cheque or draft received by him on behalf of a client and which in
the ordinary course of business he endorsed to the client or to a
third party without passing it through a bank account; and
c. Money the legal practitioner pays into a separate bank account
opened or to be opened in the name of the client or some person
named by the client.
CLIENT’S MONEY WHICH MUST NOT BE PAID INTO CLIENTS’
ACCOUNT.R9(2)
a. Any money which the client for his own convenience by
notification in writing requests the legal practitioner not to pay into
client account; Any money the legal practitioner receives for, or
towards payment of a debt due to the legal practitioner from the
client which debt the client has acknowledged in writing; Any
money received as reimbursement made to the legal practitioner of
money expended by him on behalf of the client particulars of which
have been sent in writing to the client;
b. Money paid to the legal practitioner, expressly on account of
defraying any costs incurred while acting for the client, for which a
bill of costs or other written intimation of the amount of costs has
been delivered;
c. Any fee paid by the client to the legal practitioner for any business
undertaken or to be undertaken by the legal practitioner on behalf
of the client;
d. Any money belonging to a client which the General Council of the
Bar authorized the legal practitioner in writing, to withhold from
paying into the client account;
e. Any other money belonging to the legal practitioner which is not
permitted by the LPAR to be paid into client account.
SOURCES OF CLIENT’S MONEY
a. Litigation;
b. Agency work;
c. Conveyancing work;
d. Negotiations for compensation;
e. Fees on account;
f. Appointment as executor or trustee;
g. Miscellaneous funds.
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TRUST BANK ACCOUNT. R 13LPAR

 This bank account is required to be opened by a legal practitioner
where he is a solicitor-trustee and he holds or receives any money
on account of such trust.
 By R 2 LPAR a LP shall be regarded as a solicitor-trustee where
he is sole trustee or a co-trustee only with a partner in his law firm
or a clerk, his servant or more than one of such persons, (this is
called a controlled trust).
MONEY TO BE PAID INTO TRUST BANK ACCOUNT. R 14
LPAR.
i Money, subject of a particular trust of which the LP is a solicitor-
trustee;
ii Money belonging to a solicitor-trustee or a co-trustee which is
required for the purpose of opening or maintaining the account;
iii Money paid to replace any money which the solicitor-trustee
mistakenly or accidentally withdrew from the trust bank account;
iv Any composite cheque or draft containing trust money which the
solicitor-trustee did not split to take out the trust money;
v. Any money which the court may, by order, direct to be paid into the
trust bank account;
vi Trust money mistakenly paid into client’s account.
MONEY THAT MAY NOT BE PAID INTO TRUST BANK ACCOUNT.R
19 LPAR.
a. Money which the LP received in cash and which he immediately
paid out in same manner to a 3 rd party in execution of the trust; or
b. A cheque or draft which the LP received which he endorsed to a 3 rd
party in execution of the trust without delay and which he did not pass
through a bank.
WITHDRAWALS FROM TRUST BANK ACCOUNT. R 17 LPAR.
a. Money properly required for a payment in the execution of the
particular trust;
b. Money to be transferred to a client account;
c. Money mistakenly or accidentally paid into the trust bank account;
d. Money belonging to the solicitor-trustee or a co-trustee which was
used to open or maintain the trust bank account; and e.
e. Any other money which the General Council of the Bar may authorize
in writing to be withdrawn from the trust bank account.
INDIVIDUAL/FIRM/PARTNERSHIP ACCOUNT
 This is an account into which the legal practitioner pays his
personal or partnership or money belonging to his law firm.
 The account is in the name of the legal practitioner or his law firm.
 Clients money or trust money is not permitted to be paid into this
account except as may be permitted by the LPAR.
150
PERSONAL/ IMPERSONAL ACCOUNTS.

 The above accounts may be classified as personal or impersonal
accounts.
 Personal accounts: these are accounts dedicated to a specified
persons (clients), natural or artificial.
 Impersonal accounts: these are accounts other than personal
accounts. They are sub-divided into, Real account or Nominal
account.
 Real account: this is an account into which transactions relating to
a property, tangible or intangible are made.
 Nominal account: this is an account existing only in name into
which income, expenses and capital are recorded. Payment for
day to day needs of a Legal Practitioner are made from this
account.
IMPLICATIONS OF NOT KEEPING THE MANDATORY
ACCOUNTS.
1. It amounts to a professional misconduct punishable by the LPDC
under Rule 55 RPC;
2. The LP would not be qualified to be conferred with the rank of
SAN because maintaining client’s account is a requirement for
conferment.
BOOKS, RECORDS AND ACCOUNTS.
 Other than the mandatory accounts, a legal practitioner is also
required to keep certain books, records and accounts in respect of
his transactions as a legal practitioner.
 There are 4 books of accounts and records: 1.cash book; 2.
ledger; 3. records of bill of costs and notices; 4. journal (this is not
mandatory in Nigeria).
JOURNAL.
 It is like a diary where daily activities are chronologically entered.
 It is also known as day book or log book.
 Transactions are first entered in a journal before they are finally
posted to the ledger.
 It is a book of original entry used in respect of transactions which
do not originate in any other book of entry.
 It is not mandatory for a legal practitioner in Nigeria to keep or
maintain a journal.
 Most LPs no longer use it, as transactions are now directly
entered in the ledger and cash book.
CASH BOOK.
 Every LP needs a book or record where entries are made relating
to his income and expenditure arising from his practice.
151
 The cash book may relate to transactions of the LP in his office or

it may relate to client account or trust bank account.
 The rules applicable to all transactions reflected in the cash book
are, however, the same.
 The cash book has a debit and credit columns.
 The debit column contains all the receipts by the LP while the
credit column contains all the expenditures made by the LP within
a given period of time.
 Where a LP is setting up a new law firm, the first entry on the
debit column is usually the capital account.
 There are 3 types of cash book:
1. Legal practitioner’s office cash book;
2. Client’s account cash book;
3. Trust bank account cash book.
 A LP may choose to keep 2 cash books, one for the firm and the
other for clients.
 He can even choose to keep just one cash book for the firm and
his clients’ account. In this situation , the cash book will have 2
columns; one for the clients while the other is for the firm account.
LEDGER
 It contains entries of individual items in a cash book.
 A LP’s transactions contained in the cash book are categorized
into groups and each group of transaction is entered in a separate
ledger account.
 The ledger account gives a name to each of those heads of
expenditure. Same applies to all receipts.
 Any money received by the LP is posted to the credit side in the
ledger account for that particular sum while each head of
expenditure is posted on the debit side of the individual ledger
account for that expenditure.
 The ledger is regarded as records of the legal practitioner’s
transactions in a permanent form.
RECORDS OF BILL OF COSTS AND NOTICES.
 This relate to all bills of charges prepared and sent to clients by a
LP and the notification of such bill.
 The record shall distinguish between fees, costs, and
disbursements which the LP made on behalf of the client.
 The books, accounts and records a LP is required to keep does
not include record of any payment received or held as a member
of the public service of the federation or state,
 It does not also include payments he received as a whole time
employee of any statutory corporation or local authority.
152
 All entries in the books, accounts and records which a LP is to

keep are to be preserved for at least 6 years from the date of the
last entry in such books, accounts or records.
OBJECTIVES OF KEEPING BOOKS OF ACCOUNT.
 IN RESPECT OF CLIENT’S BOOKS AND ACCOUNTS:

a. It will help the LP to ascertain easily the funds belonging to the
client which is in his possession;
b. It will help the LP to know the amount of money belonging to a
particular client which he has paid out to the client or to a 3rd
party on the instructions of the client;
c. It gives the LP the exact balance of the client’s money in his
possession at any given time;
d. It helps the LP to differentiate between client’s money and any
other money held by him on behalf of any other person;
e. It helps the LP to separate his personal or office money from
client’s money.
IN THE CASE OF INDIVIDUAL OR FIRM BOOKS AND
ACCOUNTS:
a. It enables the LP to assess his practice through the record of his
income and expenditure;
b. It helps the LP to ascertain his debtors and creditors at any given
time;
c. It helps the LP to avoid mixing his personal, partnership or office
funds with client’s money;
d. In the case of a partnership, it enables each partner to know his
financial standing in the partnership including his entitlements for
any given period.
IN RESPECT OF A TRUST BANK ACCOUNT:
a. It enables the LP to separate client’s money from trust money;
b. It helps the LP to differentiate between his personal funds or
partnership funds on the one hand and trust money;
c. It enables the LP to easily determine, at any point in time, funds
that came into his possession on account of any trust.
d. It helps the LP to easily ascertain withdrawals he has made from
the trust bank account in execution of a trust;
e. It helps the LP to ensure that other funds belonging to other trusts
of which he is a solicitor-trustee are not appropriated in execution
of another trust.
INSPECTION AND ENFORCEMENT OF BOOKS OF ACCOUNT.
 The LPAR 1964 was made by the General Council of the Bar.
153
 The General Council of the Bar also enforce the provisions of the
LPAR.
 The General Council of the Bar may order for the inspection of the
books of account kept by a LP of its own motion, or upon a written
request by or on behalf of a branch of the NBA or upon a written
complaint made by a 3rd party, to it.
 Where inspection is to be done on the written complaint of a 3rd
party, the Bar Council may request the complainant to pay some
money to cover the costs of the inspection and the LP whose books
are to be inspected.
 Where a LP is ordered by the Bar Council to submit his books of
account for inspection, he is to produce his bank pass book,
statement of account, loose-leaf bank statements, vouchers and
other documents at the place and time directed by the Bar Council.
 The documents are to be submitted to an accountant appointed by
the Bar Council for such inspection. When acting on its own motion
or upon a written request by a branch of the NBA, the Bar Council
may instead of ordering a LP to produce his books of accounts,
order him to obtain a certificate by an accountant in the form
prescribed in the schedule to the LPAR.
 The accountant shall be nominated by the LP and where he fails
the Bar council.
 Whenever the Bar Council is requesting a LP to do anything
pursuant to the LPAR, it shall do so in writing signed by its
secretary.
 The written request is to be sent to the last known address of the
LP whose books are to be inspected.
THANK YOU.
LEGAL PRACTITIONERS’ ACCOUNTS AND LEGAL

PRACTITIONERS’ ACCOUNTS RULES
PRE-CLASS ASSIGNMENT
Gajo Jason is the only son of the Amanyanabo of the oil bearing
Otuokpoti kingdom in Bayelsa State, south-south, Nigeria. He was called
to the Nigerian Bar in November, 2018. He did his youth service
between 2018 and 2019. Upon successfully completing his service, his
father donated one of his tastefully furnished Duplexes, at the D-line
area of Port-hacourt, Rivers State, for use as office accommodation by
Gajo. The father, on the 20th of December, 2019, gave Gajo Jason the
sum of 20 Million Naira to purchase office equipment. On the 28th 0f
December, 2019, Gajo purchased a Mikano soundproof generator for 3
Million Naira, on the same day he paid the sum of 1 Million Naira for
154
Bookshelves. On the 30th of December, 2019 his mother gave him 2

Million Naira as her contribution to the setting up of the law firm. On the
3rd of January, 2020, Gajo bought a brand new Toyota Jeep for 3 Million
Naira, and paid the sum of 1 Million Naira as 3 years subscription for
Legalpedia Electronic Law Report.
Answer the following Questions:
(1) Draw up the cashbook?
(2) Mention the various accounts he is required to operate as a Legal
Practitioner in Nigeria?
(3) Mention the books of account that the law firm will require, when
fully established?
(4) State the effects, if any, of Gajo’s failure to keep the accounts
mentioned in (2) above?
(5) Mention the likely sources of his clients’ money?
155

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NIGERIAN LAW SCHOOL -PROFESSIONAL ETHICS AND SKILLS

PROFESSIONAL (ETHICS & SKILLS)

NIGERIAN LAW SCHOOL

1. (Week 3) Overview of Law in Practice and History of the Legal Profession - 3

THE THREE PERIODS OF HISTORY

 The Local Attorneys.

 Educational qualification was WASC.

ABSENCE OF THE 3 MONTHS POST-CALLPRACTICAL

a. He has read in the chambers of a practicing barrister or

2. That a faculty of law should be established in Nigeria.

 He has acquired knowledge and experience in the practice of the

CRITERIA FOR PARTIAL EXEMPTION

 Iboko v C.O.P (1965)NWLR 384;

PROFESSIONAL ETHICS (VIRTUAL CLASS 2020)

2 Draft the letter that was issued to Hakuna Matata University by

Regulatory Bodies in the Legal Profession

 The Chief Judge of the FCT

 vi. The Chief Judge of the Federal High Court

Functions of LPRC- S. 15(3) LPA

National Judicial Council

 Use of Stamp and Seal – Rule 10 of RPC 2007

 Payment of non refundable processing fee of N600,000 for each

THANK YOU FOR LISTENING

1. APPOINTMENTAND DISCIPLINE OF JUDICIAL OFFICERS

DR. (MRS) NGOZI CHIOKE

- 10 years post call plus knowledge and experience of in the

 CJN/Chairman of FJSC and copy toVthe Secretary of NJC

E. Proof of availability of accommodation, court hall, car, library and

 Other form of ailment that prevents the Judicial Officer from

5. Legal Practitioners (Amendment)Act

BODIES SADDLED WITH RESPONSIBILTY

 Offences that qualified include:

- See R. 4 LPDC Rules

CONDITIONS FORRESTORATION ORCANCELLATION

APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS &

State. In line with the agreement reached through negotiation between

Dr. (Mrs) Ngozi Chioke

DUTIES OF LAWYER TO CLIENT

WITHDRAWAL FROM EMPLOYMENT.RULE 21

contrary.(The Cab Rank Rule) e.g conflict of interest, contrary to

GENERAL DUTIES OF LAWYERS

Alhaji maikudi is a well known philanthropist who owns many properties

ADVERTISEMENT AND IMPROPER ATTRACTION

 Fair and proper advertisement which complies with the provisions

 adding legal practitioner’s informative data to a notice prepared by

Responsibility of a Legal Practitioner under the

The Court of Appeal Case of CBN v

PRE-CLASS ASSIGNMENT FOR ONLINE LECTURE ON THE

Beredugo Amakiri & Partners

Answer the following questions:

(b)(iii). Assuming one of the UK Returnees is Mr. Beredugo Amakiri’s

I. DUTIES OF LAWYER TO COURT, STATE, COLLEAGUES

x. Counsel should avoid Trial publicity. See Rule 33. A lawyer is

A solicitor is an officer of the court and owes a duty to the court. He is

He owes a duty to the other party and his professional colleagues on

“It is a mistake to suppose that he( a lawyer) is a mouthpiece of his

legal practitioner gives his services without reward either by way of

counsel in court in a capital trial has a very important and sacred

Instigating Litigation or Controversy. Rule 47 RPC 2007.

It is in the interest of the profession generally that any such case

newspaper, radio or television comments in relation to his practice of

(b) write for publication or otherwise cause or permit to be published

Contempt of court is usually classified either as (i) Criminal contempt,