BMB KEYPOINT

LOGIC AND PHILOSOPHY OF THOUGHTS I

LAW 1313

COURSE OUTLINES

1. MEANING AND CONCEPT OF PHILOSOPHY

2. WHO IS A PHILOSOPHER
3. CHARACTERISTICS OF PHILOSOPHICAL PERSON
4. BRANCHES OF PHILOSOPHY
5. SEPARATION OF POWER BROUGHT BY PHILOSOPHY
6. CHECK AND BALANCES
7. ARMS OF GOVERNMENT AND THEIR FUNCTIONS
8. APPROACHES TO THE STUDY OF PHILOSOPHY
9. CONCEPT OF JUSTICE
10. BASES OF JUSTICE
11. TYPES OF JUSTICE
12. DIMENSIONS OF JUSTICE
13. ARGUMENT
14. TYPES OF ARGUMENTS
15. IMPORTANCE OF AN ARGUMENT

1
MEANING AND CONCEPT OF PHILOSOPHY
The term Philosophy was derived and originated from the two Latin word philo and sofia, philo means love and
Sophia means wisdom. Generally, philosophy literarily means love of wisdom. Also, philosophy is the study of
general and fundamental questions, such as those about existence, reason, knowledge, values, minds, and
language. Such questions are often posed as problems to be studied or resolved. It involves rational thinking and
legal reasoning. Philosophy is a root of all knowledge which is considered as the mother of all science.
Philosophy can mean different things in different dimensions or contexts. For instance, everyone has a philosophy
of life. In this context, philosophy means a set of principles or values that guide one’s life. Also, philosophy analyzed
the relationship between things and language of the investigation itself. The subject matter of the philosophy is
reality. Therefore philosophy investigates the ultimate cause of reality. Philosophy asks the question of why, and
how. The ambition of philosophy is to give interpretation to reality as a whole.

WHO IS A PHILOSOPHER
A philosopher is a person who offers views or theories on profound questions in ethics, metaphysics, logic,
aesthetics, epistemology, etc. A philosophy is also a person, who regulates his /her life, actions, judgment,
utterances etc by the light of philosophy or reasons,

CHARACTERISTICS OF PHILOSOPHICAL PERSON

1. Modern philosophy: This are the type of philosophy who ask questions focus o issues of knowledge,
skepticism, justification, law etc rationalism and reliance on science. Fact about modern philosophy are
written down and formal which their influence had areas of specification.
2. Traditional philosophy: They ask questions on a certain aspect that had not been property exploded and
were based on myth, which they ask on like what is beauty, what is nature of reality, what is happiness
etc. the fact about traditional philosophy are not written(informal) down, they were passed from
generation to generation.

BRANCHES OF PHILOSOPHY
1. Logic: Logic is derived from the Greek word called logos which means reason, word, study or rationale.
Logic is systematic process of reasoning that establishes the cause of a conclusion or the justification for
truth. The word logic is either formal or informal.
 Formal logic: simply means, the way you think to have something but impliedly, such as the position
of governor, president, senator etc. even if a judge pass a judgment it seem logical.
 Informal logic: simply means, the way you think to do something which is informal for action e.g. I
want to swim, I want to sleep, I want to eat, etc they are informal logic of reasoning

2. Ethics: Generally, ethics due with what is right or good and what is wrong and bad. So, the ethicists
attempt to answer such questions as;
 What is right or bad: what makes an action or people right or good
 What is wrong or bad: what make an action or people wrong or bad.
For example, how did we known examination misconduct is either right/good or wrong/badis through
their actions

3. Metaphysics: This is derived from the Greek word called meta and physika. The word meta means after
and the word physic ameans physics. Metaphysics is due with the study of the nature of reality, of what
exists in the world, what it is like, and how it is ordered. For example, is there God, what is truth, do
people have mind. Generally, metaphysics based on abstract things. There are sub-categories of
metaphysics as a branches o philosophy such;
I. Cosmology: This is consistin the study of theories about the origin, nature, and development of the
universe as an orderly system. Question for the realm of cosmology include;
 How did the universe originated and developed.

2
ii. Theology: This is the part of religion theory that deals with the conceptions of and about God. For example
a. Is there God, if so, there are many God.
b. What are the attributes of God, if God is both all good and all powerful, why devil exist?

iii. Anthropology: This deals with the study of human being and as question like the following
What is the relationship between mind and body?

iv. Ontology: this is the study of the nature of existence or what is means for anything to exist.

4. Epistemology: This is derived form the Greek word called episteme which means knowledge and logos
which means study. Epistemology is the study of knowledge. It primarily concerned with what we can
know about the world and how we can know it. The typical questions of concern in epistemology are;
 What is knowledge?
 Do we know anything at all?
 How do we know what we know ?
 Can we justify in claiming to know certain things?

There are types of Epistemology such as ;

i. Empirical knowledge
ii. Reveal knowledge
iii. Authoritative knowledge
iv. Reasonable knowledge
v. Initiative knowledge

5. Axiology: this is the study of values by asking questions like;

 How do we know what is value
 What kind of values exist

6. Aesthetics: The word is derived from the Greek called aesthetics-iko which means perception. This is the
study of art or beauty e.g.
 What is beauty,
 What makes a thing beautify,
 What are the properties or nature of beauty,
 How do we know that you are beauty,
 The sign to show that you are Beaty etc.

SEPARATION OF POWER BROUGHT BY PHILOSOPHY

Separation of power means a process in which there is division of power between the three arms of
government such as legislature, executive and the judiciary

CHECK AND BALANCES

Refer to the separation of powers that results from divided branches of government in order to prevent
one organ from having much power over others arms of government. Each branch is said to have the
ability to check the power of the others, thereby maintaining a balance in the government

ARMS OF GOVERNMENT
1. Legislature: This is the law-making body under the government. It functions include the following;
a. Deliberative functions
b. Custodian of national finances
c. Control over the executive
d. Constituent functions

3
 e. Oversight functions
f. Judicial functions
g. Ventilation functions
h. Miscellaneous functions

2. Judiciary: This is the arms of government that interpret and applied the law. It other functions include the
following
a. To give justice to the people
b. Interpretation and application of the laws
c. Role in law making
d. Equity legislation
e. Protection of rights
f. Guardian of the constitution
g. Power to get its decision and judgment enforced
h. Special role in federation

3. Executive: This is the organ of governments that enforce and formulate the laws. Other functions include
the following;
a. Enforcement of law
b. Appointment making functions
c. Foreign policy-making
d. Conduct of foreign relations
e. Policy making
f. Function Related to law making
g. Financial functions

APPROACHES TO THE STUDY OF PHILOSOPHY

1. Metaphysical Approaches: This deals with the fundamental study of nature of reality. The word
metaphysical was derived from the two Greek words called meta which means beyond or over and physic
which means knowledge of nature. This concept deals with the study of reality such as being and identity,
mind and matter, substance and existence, cause and effect, time and space etc. All this concept is based
on reality which posit Philosophical questions but they are not always in a tangible, concrete, or empirical
form. Example of metaphysical questions include
 Is there God
 What is truth,
 What is consciousness etc

2. Pragmatism Approaches: The word pragmatism was derived from the Greek word called pragma which
means action or the work done. Pragmatism is s approach which opposes old doctrine of idealism and
naturalism which inspires the individual to look ahead and create new values for a better and happier life.
It develops a dynamic, flexible and adaptable mind which gives directions to new purpose and bring
harmonious adjustments and development of personality through democratic. Pragmatism induces a spirit
of freedom, initiative, equality and also a sense of responsibility in relation to right and duties of
individual.

3. Skeptical Approaches: The word skeptical was derived from the Greek word called skeptic which means
the inquirer ie. Someone who is not satisfied with available Knowledge or fact and still looking for more
the truth. Skeptical Approach or skepticism approach to philosophy is a situation whereby skeptic
challenges the adequacy or reliability of various claims made by various philosophers or scientists. Note
that, skeptic have questioned whether some claims are really true or as alleged.

4
4. Existential Approaches: This is an approach to philosophy that emphasizes individual existence, freedom
and choice. In this approach, the philosophers believes that human defined their own meaning in life and
try to make rational decisions in this irrational universe. Example if existential questions that deal with
meaning of life includes;
 Why does human exist
 Why do I exist
 Who am I
 Why do I life

5. Analytical Approaches: They used to analyzed the terms of the subject matters of philosophy. Analytical
philosophers will ask questions like;
 How God was created
 How justice was established
 How the earth was founded; before giving an answer as their reply to those questions

6. Prescriptive Approaches: The word is used to prescribe the nature of a things and it’s existence e.g. how
to know a person is mad (person of unsound mind), it must be examine through the use of circumstances
evidence and clarified or qualified be medical doctor that such person is mad, then by that time is
approved as a person of unsound mind.

7. Speculative approaches: Especially traditional metaphysical philosophy, which make claims that cannot be
verified by everyday experience of the physical world or by a scientific method. For example,
 What is beauty
 What is knowledge
 What is morality etc.

8. Religion Approaches: Under this approach. If you ask any philosophers that, is there the existence of God,
they will make use of their religion to proof either there is God or not.
9. Cultural Approaches: They proof the existence of everything or anything from the perspective of their
culture which serve as a general norms or customs of their belief. For example, England marries notmore
than one wife and in Nigeria marries more than a wife.

CONCEPT OF JUSTICE
According to Plato, he used the word dikaisyne for justice which comes very near to the work morality or
righteousness. Plato contended that justice is the quality of soul, in virtue of which the men set aside the
irrational desire to taste every pleasure and to get a selfish satisfaction of every object and accommodated
them to the discharge of a single function for the general benefit
According to Thomas Acquinance, he defines justice as a firm and constant will to give each person his/her
will due.
Generally, justice is to give a legal and fundamental equal treatment to the parties which are known as
Equity. Just must be done and must be seen to be done.

BASES OF JUSTICE
1. Ethics: This is either right or wrong eg. A medical doctor, it is unconfidential for him to tell another
person what the patient told him to another person.

2. Law: This is the law that tells and guides him not to dispose the result of one patient to another
person or third parties as a professional medical doctor.

3. Perception: To set or putting the right things in a right place by ways of organization, identification
and interpretation of sensory fact.

5
 4. Religion: To defend a criminal in religion is morally wrong but to support him under law is legally right.

5. Morality: In a case of rape where jigawa punish those who commit the offense of rape as life
imprisonment while in Kano state, the punishment for such offense is 14 years imprisonment.

6. Reasoning: for example, the reason why a medical doctor disposes the result of patient to third
parties is must supported or guided by law like statutes, judicial precedent or custom of the court.

7. Rationality: This is the place where people make justice through their own personal thinking or what
they are reasoning from good to bad or right to wrong. Such people include jurist, philosophers and
other private person.

TYPES OF JUSTICE
1. Distributive justice: This is also known as economic justice, which comes from respective customs of the
society in term of the fair share of the benefit and available resources. That the distribution of properties,
estate, wealth, etc. the distribution of estate in southern is different to that of northern part in term of
distribution of wealth.

2. Procedural justice: This is concerned with making and implementing decisions according to fair process
that ensure fair treatment and rules must be be impartially.Those carrying out the procedures must be
neutral and those directly affected by the decision should have done voice or representation in the
decision-making process, when implementing the dispute resolution procedures, includes negotiation,
mediation, arbitration and adjudication.

3. Retributive justice: this is also known as best justice. In order to arrived to justice e.g. in the matter of
rape, which amount of punishment can arrived to justice, is the best punishment for rape is to sentence to
death, imprisonment for life, or hanging to death, or cutting off his private part etc. just to find a good
punishment for a particular offence as justice.

4. Restorative justice: this is type of justice that attempts and arrives to restore the harm done to the victim,
sometimes by making the offender pay restitution. For example, in a case of defamation of character, the
victim may request for damages which will serve as a compensation or restitution.

DIMENSIONS OF JUSTICE
1. Legal dimensions of justice-
2. Political dimensions of justice
3. Social dimensions of justice
4. Economic dimensions

ARGUMENT
This is a set of reasons gives a support of ideas or theories in support of a dispute which leads to resolution. An
argument is a process in two or more parties brings issues to a table for resolution. See the case Rabiu v. State
(S.36(12))

TYPES OF ARGUMENTS
1. Valid Argument: This is the type of argument which is more reasonable and justifiable and related to the
term of the context of argument by the use of coherent set of ideas, reasons, supporting a point of view
under discussion that is intended to convince or persuade the listeners. Validity and truth must be clarify
in a valid argument. For judicial example of a valid argument is the case of Griffin v. California

6
2. Sound argument: this is the type of argument that the premises is true and is unambiguous and as a
consequence it conclusion is true as well. As well known that, philosophers and logicians would says that,
the basic form of a legal argument is a syllogism”. See the case of Okedara v. Attorney general. A simple
three step argument involving;
 Major premises-a general principles or rules of an argument
 Minor principles- a claim about a particular case
 Conclusion- an application of general rules to the particular argument

3. Inductive argument: This is the type of an argument in which the truth or fact of argument was derived
from the conclusion based on the general principles from specific instances. An inductive argument are
basically driven by observation, evidence and are back up by a degree of probability. An inductive
argument tries to give enough reason to guarantee the truth of conclusion. A judicial example of inductive
argument is the case of Maryan sanda v. Kano state government.

4. Deductive argument: This is the type of argument in which the truth as fact of the case are deducted from
the argument based on inference from general principles. In a deductive argument, the premises do
support the conclusion and gives good reasons for accepting their conclusion. See the case of Isaac v.
Central bank of Nigeria.

IMPORTANCE OF AN ARGUMENT
1. To bring out the point of the incident
2. To offer proof for action
3. To convince the opponent
4. To have closer understanding of the truth
5. To solve a problem
6. To persuade or influence the the action
7. To clear doubts
8. To create doubt for the opponent
9. To change the view in your favor
10. To present the cause of action
11. To arrive to solution

WRITTEN BY:
M.M. MUKTAR (BMB. APART)
BEST OF LUCK .

7
 BMB KEYPOINT
LOGIC AND PHILOSOPHY OF THOUGHTS II
LAW 1314

COURSE OUTLINES
1. MEANING AND THE CONCEPT OF ETHICS
2. LEGAL ETHIC MEANING
3. PROFESSIONAL ETHICS OF LAWYERS AND LEGAL PRACTITIONERS I.E (CODE OF RULES E
OF PROFESSIONAL CONDUCT (RPC) AND LEGAL PRACTITIONERS ACT (LPA)
4. WHO IS A LAWYER
5. ETIQUETTES (RULES) AND CONDUCT OF PRACTICE ON HOW TO BECOME A LAWYER
6. EXCLUSIVE RIGHTS AND PRIVILEGES OF A LAWYER AND LEGAL PRACTITIONERS.
7. REGULATORY BODIES IN THE LEGAL PROFESSION.
8. DUTIES OF A LAWYER
(A) TO HIS CLIENT
(B) TO THE COURT.
(C) TO HIS PROFESSIONAL COLLEAGUES
(D) TO THE STATE
9. DISCIPLINE OF LAWYERS.
10. APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS.
11. REQUIREMENTS FOR THE QUALIFICATION OF JUDICIAL OFFICERS
12. BODIES RESPONSIBLE FOR THE APPOINTMENT OF SUPERIOR COURT OF RECORD
-FEDERAL JUDICIAL SERVICE COMMISSION -NATIONAL JUDICIAL COUNCIL
-NATIONAL JUDICIAL COMMITTEE
-JUDICIAL SERVICE COMMISSION
13. REMOVAL OF JUDICIAL OFFICERS
14. GROUNDS OR REASONS FOR THE REMOVAL OF JUDICIAL OFFICERS
15. PROCEDURE FOR DISCIPLINE OF JUDICIAL OFFICERS
16. DISCIPLINARY ACTIONS AGAINST LEGAL PRACTITIONERS
17. PROCEEDING BEFORE THE LEGAL PRACTITIONERS PRIVILEGE COMMITTEE LPDC
18. PUNISHMENT FOR PROFESSIONAL MISCONDUCT
19. JURISDICTION OF SUPREME COURT:
20. DISCIPLINARY JURISDICTION OF CHIEF JUSTICES OF NIGERIA

8
 MEANING AND THE CONCEPT OF ETHICS:
This is a conduct or a procedure requires by good breeding or prescribed by the authorities to be observed
in social life or official life. It’s also defined as a convention of rules of social behavior of professional conduct
Ethics comprises of guidelines and principles that inform people about how to live or how to behave in a
particular situation which is created to decide what is good or bad, right or wrong. Ethics are code of conduct that
is governed by individual, legal or professional norms, i.e. workplace ethics, environmental ethics and so on.
Also the word ethics means a lay down rules and principles that is designed to regulate and govern the
conduct of an individual member of the society or members of legal profession either right or wrong. To abstain
them from what is wrong and move them closer to what is right.

LEGAL ETHICS
This is defined as a court of ethical behavior regarding professional practice or action among the numbers
of legal profession. Legal ethics is the minimum standards of appropriate conduct within the legal profession. It is
the behavioral norms and morals values which govern and regulate the judges and lawyers. It involves duties that
the members owe one another, their clients, and the courts. Respect of client confidences, candor toward the
tribunal, truthfulness in statements to others, and professional independence are some of the defining features of
legal ethics. Legal ethics can also refer to the study or observance of those duties or the written regulations
governing those duties.

THE OBJECTIVES OR EXCESS OF HAVING GOOD ETHICS AS A GOOD LAWYER OR LEGAL

PRACTITIONER
1. To achieve the understand of the moral of law students in legal profession
2. It assists in resolving moral issues
3. It assists to justify your moral judgment
4. It assists to have moral awareness; in the sense that, you will abstain from what is wrong or bad and move
closer to what is right or good conduct.

PROFESSIONAL ETHICS OF LAWYERS AND LEGAL PRACTITIONERS I.E (CODE OF RULES OF

PROFESSIONAL CONDUCT (RPC) AND LEGAL PRACTITIONERS ACT (LPA)
The professional ethics of lawyers and the legal practitioner was contained and discussed under the Rules
of Professional Conduct which is regulated by the Legal practitioners Act. The Rules “A” of Rules of Professional
Conduct starting from section 1-13 of Rules of Professional Conduct discussed the professional ethics of lawyers
and legal practitioners. But let us briefly states some of the sections like section 1, 2, 3, and paraphrase other rules
which are relevant to the professional ethics of lawyers and legal practitioners.
Here are sections 1, 2, 3 of Rules of Professional Conduct;
1. A Lawyer shall uphold and observe the rule of law, promote and Foster the cause of justice, maintain a high
standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner.
2. 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 for any other reason.
3. (1) A lawyer shall not ----
(a) Aid a non-lawyer in the unauthorized practice of the law;
(b) Permit his professional services or his name to be used in aid of, or To make possible, the
Unauthorized practice of law by any person not Qualified to practice or disqualified from practice; or
(c) Share legal fees with non-lawyer except as provided in rule 53.
3(2) A Lawyer shall not, in return for a fee, write or sign his name or permit His name to be written or signed on a
document prepared by a non-lawyer as if prepared by him.

THE OTHER PROVISIONS THAT REGULATE THE PROFESSIONAL ETHICS OF LAWYERS AND LEGAL
PRACTITIONERS INCLUDE THE FOLLOWING;
a. Accepting an employment as an advocate in any matter upon the merits of which he had previous acted in

9
 a judicial capacity.
b. Practicing as a legal practitioner while engaged in the business of buying and selling commodities, the
business of commission agent and other business that tends to undermine the high standing of the
profession {section 7(2)(a)} RPC)
c. Calling at a client’s house or place of business for the purpose of giving advice to or taking instruction from
client except in special circumstances
d. Putting personal benefit or gain or taking advantage of the confidence reposed on him by his client.
e. A lawyer or legal practitioner must have separate account for his client because mixing of client money
with a legal practitioner’s money or making use of same as his own is unprofessional
f. Bargaining with a witness either by contingent fee or otherwise as a condition for giving evidence.
g. The act of manipulating witness in order to conquer lie before the court of law of competent jurisdiction
isn’t among the professional ethics of lawyers and legal practitioners
h. The mode and manner of eating by lawyers and the legal practitioners is quite different and specialized
away from the way layman used to eat.
i. There is ultimate limitation of social interaction between and other individual members of society to
lawyers or legal practitioners are severely restricted.
j. Even the means of social interaction with your colleagues in practice is also limited.

WHO IS A LAWYER
This is provided under the section 2(1) of Legal Practitioners Act which Briefly stated that “the person
whose name appeared on the roll of legal practitioners kept by the Register of the Supreme Court of Federal
Republic of Nigeria.
Here is the provision of section 2(1) of Legal Practitioners Act
2(1) Subject to the provisions of this Act, a person shall be entitled to practise as a barrister and solicitor if, and only
if, his name is on the roll.
Note that this application was made by the Chief Justice of the Federation which entitled him to practice in any
country where the legal system is similar to that of Nigeria.

Therefore, a person became a qualified lawyer or a legal practitioner if had passed the
procedure of section 4(1) of Legal Practitioners Act which stated that;
4. (1) Subject to the provisions of this section, a person shall be entitled to be called to the Bar if, and only if
(a) he is a citizen of Nigeria; and
(b) he produces a qualifying certificate to the Benchers; and
(c) he satisfies the Benchers that he is of good character.
And in addition, he studied his LLB in any certified and accredited university in Nigeria for a period not less than
five(5) years without any issues and went to law school in Nigeria.

WHAT ARE THE EXCLUSIVE RIGHTS AND PRIVILEGES TO BECOME A LAWYER AND LEGAL
PRACTITIONER?
1. LEGAL REPRESENTATION: The court owns an obligatory duty to hear and listen and determine any qualified
lawyers or legal practitioner in Nigeria in accordance with the provisions of the law stated in section 8(1) of legal
Practitioners Act which says;
“8. (1) Subject to the provisions of the next following subsection and of any enactment in force in any part of
Nigeria prohibiting or restricting the right of any person to be represented by a legal practitioner in proceedings
before the Supreme Court or the Shari’a Court of Appeal or any area or customary court, a legal practitioner shall
have the right of audience in all courts of law sitting in Nigeria.” See the case of Awolowo v. Minister of internal
affair
2. THE NAME OF LEGAL PRACTITIONERS: The law under the section 22(1)(a)(b) of legal Practitioners Act clearly
stated that,
“22 (1) Subject to the provisions of this section, if any person other than a legal practitioner-
(a)practices, or holds himself out to practice, as a legal practitioner; or
(b) takes or uses the title of legal practitioner;”

10
3. PREPARATION OF LEGAL DOCUMENTS: The only person that has the right or allowed and permitted to draft a
legal documents on behalf of his client in order to represent him before the court of law of competent jurisdiction
is the qualified lawyer or legal practitioner which is clearly provided under section 22(1)(d) of legal Practitioners
Act
“Prepares for or in expectation of reward any instrument relating to immovable property, or relating to or with a
view to the grant of probate or letters of administration, or relating to or with a view to proceedings in any court of
record in Nigeria,”
4. STATUTORY DECLARATION OF COMPLIANCE: The person that has the right and privilege to a-sign any valid
documents of a company or a firm is a competent, qualified and satisfied lawyer or legal practitioner. This was
stated under section 12(3)(b) of Rules of Professional Conduct which say;
“(3) A lawyer, unless he holds an Annual practicing Certificate issued by the
Nigerian bar Association under this rule, shall not, as a legal practitioner-
(b) sign any documents, pleadings, affidavits, depositions, applications, instruments, agreements,
Deeds, letters, memoranda, reports, legal opinions or similar document and processes; “
5. ATTORNEY GENERAL OF FEDERATION OR MINISTER OF JUSTICE OR COMMISSIONER OF JUSTICE: This was
provided under section 150 and 195 of the constitution of Federal Republic of Nigeria 1999 as amended which
stated as following;
Section 150 of CFRN 1999 as amended
“150(1) there shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation
and a Minister of the Government of the Federation.
(2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of the
Federation unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for not less
than ten years.
Then section 195 of CRFN 1999 as amended provides that;
“195(1) There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State and
Commissioner for Justice of the Government of that State.
(2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of a State
unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten
years.
Note that, there both appointments are made by the president of the Federation subject to the confirmation by
the senate.
6. APPOINTMENT OF JUDGES OF SUPERIOR COURT OF RECORDS: The superior court of records are those court
that hear and determine cases in Nigeria and as is was codified in Nigeria Constitution of federal Republic of Nigeria
1999 as amended. This was provided starting from section 230-284 of CFRN 1999 as amended.
 Supreme Court: See section 231(1) of CFRN 1999 as amended “The appointment of a person to
the office of Chief Justice of Nigeria shall be made by the President on the recommendation of
the National Judicial Council subject to confirmation of such appointment by the Senate.”
 The court of Appeal: See section 238(1) of CFRN 1999 as amended “The appointment of a person
to the office of President of the Court of appeal shall be made by the President on the
recommendation of the National Judicial Council subject to confirmation of such appointment by
the senate.”
 The federal High court: See section 250(1) of CFRN 1999 as amended “The appointment of a
person to the office of Chief Judge of the Federal High Court shall be made by the President on
the recommendation of the National Judicial Council, subject to confirmation of such
appointment by the Senate.”
 The high court of FCT, Abuja: See section 256(1) of CFRN 1999 as amended “The appointment of
a person to the office of Chief Judge of the High Court of the Federal Capital Territory, Abuja shall
be made by the President on the recommendation of the National Judicial council, subject to
confirmation of such appointment by the senate.”
 The sharia court of appeal of the FCT, Abuja: See section 261(1) of CFRN 1999 as amended “The
appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of the
Federal Capital Territory, Abuja shall be made by the President on the recommendation of the

11
 National Judicial Council, subject to confirmation of such appointment by the Senate.”
 The customary court of appeal of the FCT, Abuja: See section 266(1) of CFRN 1999 as amended
“The appointment of a person to the office of the President of the Customary Court of Appeal of
the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the
National Judicial Council, subject to the confirmation of such appointment by the Senate.”
 High court: See section 271(1) of CFRN 1999 as amended “The appointment of a person to the
office of Chief Judge of a State shall be made by the Governor of the State on the
recommendation of the National Judicial Council subject to confirmation of the appointment by
the House of Assembly of the State.”
 Sharia’h court of appeal of a state: See section 276(1) of CFRN 1999 as amended “The
appointment of a person to the office of the Grand Kadi of the Shari’a Court of Appeal of a State
shall be made by the Governor of the State on the recommendation of the National Judicial
Council, subject to confirmation of such appointment by the House of Assembly of the State.”
 The customary court of appeal of a state: See section 281(1) of CFRN 1999 as amended “The
appointment of a person to the office of President of a Customary Court of Appeal shall be made
by the governor of the State on the recommendation of the national Judicial Council, subject to
confirmation of such appointment by the House of Assembly of the State.”
7. NOTARY PUBLIC: This is the appointment made by the Chief Justice of Nigeria for those pay their conservative
fee to practice as a legal practitioner in Nigeria. This was provided under section 9(3) of Rules of Professional
Conduct that says;
“ A lawyer shall not sign documents, pleadings, affidavits, depositions, applications, instruments, agreements,
letters, deeds, letters, memoranda, reports, legal opinions or similar documents, or process or file such documents
as a legal practitioner, legal officer or adviser of any Governmental department or ministry or any corporation when
he is in default of payment of his Annual Practicing fees.”
8. PREPARATION OF DOCUMENTS RELATED TO PROBATE: in as far as qualified lawyer or legal practitioner drafts a
document in favor of his client before the court of law, then is the responsibility of the judge or the court to hear or
listen and the determine the case before them by a certified legal practitioner . A qualified lawyer or legal
practitioner may draft a legal document based on his will which we call wills Act.

RESTRICTIONS OF LAWYERS TO PRACTICE LAW (EXCEPTIONS)

1. JUDICIAL OFFICERS: Any lawyers or any legal practitioners who practice law as his profession then the
moment he retires from his legal professional work which is practicing as either an advocate or solicitor,
they cannot come and practice again because that is general rules provided by the Rules of Professional
Conduct stated in section 6(2,3,4) which says;
“6(2) A lawyer, having once held public office or having been in the public
Employment, shall not after his retirement accept employment in connection with a matter in respect of
which he had previously acted in a judicial capacity or On the merit of which he had advised or dealt with
in such office or employment.
(3) A judicial officer who has retired shall not practice as an advocate In any court of law or judicial tribunal
in Nigeria.
(4)A Judicial officer who has retired shall not sign any pleading in any court.”
2. SALARY EMPLOYED: let us check section 8(1,2) of Rules of professional Conduct which say;
8(1) A lawyer, whilst a servant or in a salaried employment of any kind, shall not appear as advocate in a
court or judicial tribunal for his employer except where the lawyer is employed as a legal officer in a
Government department.
(2) A lawyer, whilst a servant or in a salaried employment, shall not prepare,
sign, or frank pleadings, applications, instruments, agreements, contracts, deeds, letters, memoranda,
reports, legal opinion or similar instruments or processes or file any such document for his employer.
3. PAYMENT OF PRACTICES FEES: section 9(1) of Rules of Professional conduct slightly stated that;
9(1) A lawyer shall pay his Annual Practicing fees not later than 31st march in every year. In the case of
lawyers who are enrolled during the year, the fees shall be paid within one month of the enrollment.

12
 And if this practices fees is not paid within the stipulated time or period then section 9(3) provided
detriment for such lawyers or legal practitioners which says;
(3)A lawyer shall not sign documents, pleadings, affidavits, depositions, applications, instruments,
agreements, letters, deeds, letters, memoranda, reports, legal opinions or similar documents, or process
or file such documents as a legal practitioner, legal officer or adviser of any Governmental department or
ministry or any corporation when he is in default of payment of his Annual Practicing fees.
4. SENIOR ADVOCATE OF NIGERIA (SAN): Section 5(2) of legal practitioners Act provides that
“A person shall not be conferred with the rank of Senior Advocate of Nigeria unless he has been qualified
to practice as a legal practitioner in Nigeria for not less than ten years and has achieved distinction in the
legal profession in such manner as the committee may from time to time determine.”
To call his case out of turn
Has an intensive right to seat inner bar
See the case EKWA V. IJAHA , A.G. OF LAGOS STATE V. PERSON UNKNOWN
5. PUBLIC OFFICERS IN PRIVATE PRACTICE: Regulated and other Professions (Private Practice Prohibition)
under Decree No.34 of 1984 Constitution of the federal Republic of Nigeria as amended. The Federal
Military Government hereby decrees as follows;
Section 1(2) of decree 34 of 1984 Constitution provides that;
“Subject to this decree and notwithstanding anything to the contrary in any other enactment or
instrument, no public officer shall, as from the commencement of this decree, engage in or continue to
engage in private practice in or in connection with any scheduled provision.” SEE THE CASE OF AKINWUMI
V. DIETESPIT, COMMISSION OF POLICE V. EBIESHEWA
Also, the penalties for the commencement of this above act was provided under section 2(1)(2) of decree
No.34 of 1984 constitution of Nigeria as follows;
Section 2(1) provides that;
“Any public officer who engage or continue to engage in private practice otherwise than in compliance
with the provision of this decree shall be guilty of an offense”
Section 2(2) provides that;
“Any public officer found guilty of an offence under this Decree shall be liable……
a. Upon conviction for the first offence to a fine of #2,000 or imprisonment of one year;
b. Upon conviction for the second offence, to a fine of #5,000 or imprisonment for two years;
c. Upon conviction for the third offence, to imprisonment for three years without the option of a
fine.
Section (3) of decree no. 34 provides that;
“Any public officer convicted for the third offence under this Decree shall has his name and particulars
removed from the register or struck off the roll by the appropriate disciplinary tribunal, or where there is
no such tribunal, by the appropriate professional association, as the case maybe.
6. SEAL AND STAMP OF LEGAL PRACTITIONERS ACT: Section 10(1) of Rules of Professional Conduct stated
that;
10(1) A lawyer acting in his capacity as a legal practitioner, legal officer or adviser of any Government
department or ministry or any corporation, shall not sign or file a legal document unless there is affixed on
any such document a seal and stamp approved by the Nigerian Bar Association.
7. COMMERCIAL TRANSACTION: The judicial officer won’t be allowed to participate in any commercial
exchanges why in the process of his profession. This is provided under Section 7(2) of RPC;
(2) a lawyer shall not practice as legal practitioner why personally engage in-
a. the business of buying and selling commodities;
b. the business of commission agent
c. such other trade or business which the bar council may from time to time declare to be incompatible
with practice as a lawyer or as tending to undermine the high standing of the profession.

REGULATORY BODIES IN THE LEGAL PROFESSION

a. BODY OF BENCHERS

13
 b. LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE
c. COUNCIL FOR LEGAL EDUCATION
d. LEGAL PRACTITIONERS PRIVILEGE COMMITTEE
e. LEGAL PRACTITIONERS REMUNERATION COMMITTEE
f. NIGERIA BAR ASSOCIATION (NBA)

A. BODY OF BENCHERS:
This was encompasses under section 3(1) of Legal Practitioners Act, which states that;
a) 3 (1) There shall be a body of legal practitioners of the highest distinction in the legal profession in Nigeria
to be known as "the Body of Benchers" which shall be responsible for the formal call to the Bar of persons
seeking to become legal practitioners, and which shall consist of the following members, that is-
(a) the Chief Justice of Nigeria and all the Justices of the Supreme Court;
(b) the President of the Court of Appeal;
(c) the Attorney-General of the Federation and Minister of Justice;
(d) the Presiding Justices of Court of Appeal Divisions;
(e) the Chief Judge of the Federal High Court;
(f) the Chief Judge of the Federal Capital Territory, Abuja;
(g) the Chief Judges of the States of the Federation;
(h) the Attorneys-General of the States of the Federation;
(i) the Chairman of the Council of Legal Education;
(j) the President of the Nigerian Bar Association;
(k) thirty legal practitioners nominated by the Nigerian Bar Association; and
(l) Such number of persons, not exceeding ten, who appear to the Body of Benchers to be
eminent members of the legal profession in Nigeria of not less than 15 years post-call
standing.
Note that, there are two categories of life Benches which includes;
a. The chief justices of Nigeria; and
b. Those have the power to appoint the life benches

WHAT ARE THE BENEFITS FOR APPOINTING AS LIFE BENCHES

This was clearly stated under section 6(a)(b) of Legal Practitioners Act: these are;
(a) the exclusive right to sit in the inner bar or, where no facilities exist for an inner bar, on the front row of seats
available for legal practitioners; and
(b) the right to mention any motion in which he is appearing or any other cause or matter which is on the list for
mention and not otherwise listed for hearing out of its turn on the cause list. (they have the exclusive right to
mention any motion which he is appearing out of his turn)

FUNCTIONS OF THE BODY OF BENCHES

1. The body of benches is responsible for the “Call to bar”
2. The body to benches is responsible for the punishment of wrongful conduct of the legal practitioners
3. The body of benches has the jurisdiction to exercise their powers over the students aspiring to legal
practitioners
4. The body of benches has the power to determine the amount of money to use and pay for the call to bar
5. The body of benches has the power to determine how many dinner a legal Practitioner needs to take before
passing out from the law school
Other functions was included in section 3(5)(a-d) of legal practitioners Act

B. LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE

14
 This is the most regulatory body in legal profession. The LPDC are the disciplinary committee which
controls and regulates the infamous conduct of legal practitioners. The committees are the child for the body of
benches in legal profession. See section 10 and 11(c) of legal practitioners Act which says; GANI FAWEMI V. LPDC
Section 10 of legal practitioners Act provides that;
“10(1) There shall be a committee to be known as the Legal Practitioners Disciplinary Committee (“hereafter in
this Act referred to as "the disciplinary committee") which shall be charged with the duty of considering and
determining any case where it is alleged that a person whose name is on the roll has misbehaved in his capacity as
a legal practitioner or should for any other reason be the subject of proceedings under this Act.
Section 11(c) of legal practitioners Act provides that;
(c) the disciplinary committee is satisfied that the name of any person has been fraudulently
enrolled, the disciplinary committee, may, if it thinks fit, give a direction-
(i) ordering the registrar to strike that person's name off the roll, or
(ii) suspending that person from practice by ordering him not to engage in practice as a legal
practitioner for such period as may be specified in the direction, or
(iii) Admonishing that person,
and any such direction may, where appropriate, include provision requiring the refund of
moneys paid or the handing over of documents or any other thing as the circumstances of the
case may require.
GANI FAWEMI V. LPDC

MEMBERS OF THE COMMITTEE (LPDC)

This was provided in section 12(2)(a-d) of legal practitioners Act;
12(2) The appeal committee shall consist of the following seven members of the Body of Benchers, as
may be .appointed by the Body of Benchers from time to time, that is-
(a) as Chairman, a Bencher, who is a member of the Body of Benchers other than by virtue of section 3 ( 1 ) (g) of
this Act; these are provided under the act;
(b) two Attorneys-General in the Federation;
(c) two Judges of the High Court of any State; and
(d) two members of the association.
OR
Class note
1. The Chief of Judge of Nigeria,
2. The Attorney General of the Federation,
3. President, Court of Appeal or presiding Justice of the Court of Appeal,
4. The Chief Judge of the High Court of a State or that of the FCT,
5. The AG of a State,
6. Chairmen, body of Benches and;
7. President, NBA or Chairman of a branch of NBA
FUNCTION OF THE COMMITTEE (LPDC)
1. They receive complain
2. They gives direction to instruction
3. They have power to bring back or recall the legal practitioners

C. COUNCIL FOR LEGAL EDUCATION

15
 The council for legal education is the statutory regulatory body for legal education in Nigeria, including
the training offered by the Nigerian Law School (NLS) while the National Universities Commission (NUC) has overall
responsibility for regulating and setting the minimum standards for all universities and university courses. Also, the
accreditation of Nigeria Law School (NLS) was done by the National University Commission (NUC). The Council for
legal Education was properly discussed in section 1 and section 2 of legal Education (consolidation, etc.) Act where
Establishment and functions of the Council of Legal Education and Composition etc. of the Council are explained.
Section 1 provided with the Establishment and functions of the Council of Legal Education which states;
1 (1) There shall be a body to be known as the Council Establishment and of Legal Education (hereafter in this Act
referred to as functions of "the Council") which shall be a body corporate with perpetual succession and a common
seal.
1(2) The Council shall have responsibility for the legal education of persons seeking to become members of the le
gal profession.

Section 2 provided with the composition etc. of the council which states;
2 (1) The Council shall consist of-
a. a chairman to be appointed by the President on the recommendation of the Attorney-General of
the Federation;
b. Attorneys-General of the States or, where there are no Attorneys-General, the Solicitors-General
of the States;
c. a representative of the Federal Ministry of Justice to be appointed by the Attorney-General of the
Federation;
d. the head of the faculty of law of any recognised university in Nigeria whose course of legal
studies is approved by the Council as sufficient qualification for admission to the Nigerian Law
School;
e. the President of the Nigerian Bar Association;
f. fifteen persons entitled to practise as legal practitioners in Nigeria of not less than ten years'
standing and selected or elected by the Nigerian Bar Association;
g. the Director-General of the Nigerian Law School; and
h. two persons who must be authors of published learned works in the field of law, to be appointed
by the Attorney-General of the Federation.

FUNCTIONS OF COUNCIL FOR LEGAL EDUCATION

1. ISSUE OF QUALIFYING CERTIFICATE: This was provided in section 5 of legal Education Act which stated that;
(5) Qualifying certificates
(1) A person shall be entitled to have a qualifying certificate issued to him by the Council stating that he is
qualified to be called to the Bar if-
(a) he is a citizen of Nigeria; and
(b) he has, except where the Council otherwise directs, successfully completed a
course of practical training in the Nigerian Law School which (including the time spent in taking the examination at
the end but excluding any interval between the conclusion of the examination and the announcement of the
results thereof) lasted for a period fixed by the Council as an academic year.
2. CONTINUE LEGAL EDUCATION: This was provided in section 3 of Legal Education act which states that;
“The Council shall in addition to the function conferred on it by section 1(2) of this
Act has responsibility for those matters in respect of which, before the commencement of this Act, the Nigerian
Institute for Continuing Legal Education had responsibility.” See the case of okonjo v. council for legal education

D. LEGAL PRACTITIONERS PRIVILEGE COMMITTEE (LPPC)

These bodies are responsible to regulate the affair and the conduct of the Senior Advocates of Nigeria
(SAN) based on performance and incident. In Order to know the Senior Advocate, let us check section 5(2) of legal
practitioners Act;

16
5(2) A person shall not be conferred with the rank of Senior Advocate of Nigeria unless he has been qualifies to
practise as a legal practitioner in Nigeria for not less than ten years and has achieved distinction in the legal
profession in such manner as the committee may from time to time determine.

MEMBERS OF THE COMMITTEE (LPPC)

This is provided in section 5(3)(a-g) of legal practitioners Act
(3) There shall be a committee to be called the Legal Practitioners' Privileges Committee which shall
consist of the following--
(a) the Chief Justice who shall be chairman;
(b) the Attorney-General of the Federation;
(c) one Justice of the Supreme Court;
(d) the President of the Court of Appeal;
(e) five of the Chief Judges of the States;
(f) the Chief Judge of the Federal High Court; and
(g) five legal practitioners who are Senior Advocates of Nigeria.

FUNCTION OF THE MEMBERS (LPPC)

1. May act notwithstanding any vacancy in its membership.
2. The Legal Practitioners' Privileges Committee may, with the approval of the National Council of Ministers,
3. They make rules as to the privileges to be accorded to Senior Advocates of Nigeria,
4. They make the confirmation of outstanding Senior Advocate of Nigeria
5. They determine the requirements of becoming Senior Advocate of Nigeria
6. They determine the restrictions to be place on the Senior Advocate of Nigeria
7. They determine who will be withdrawn as a Senior Advocate of Nigeria to an ordinary legal practitioner

REQUIREMENTS OR QUALITIES TO BECOME SENIOR ADVOCATE OF NIGERIA (SAN)

1. To become a senior advocate of Nigeria, you must be call to Nigeria bar for at least minimum of 10 years.
2. To become a senior advocate of Nigeria, you must be a person of good character
3. To become a senior advocate of Nigeria, you must pay the amount of 600,000 and extra of 200,00
4. To become a senior advocate of Nigeria, you must be compliance with the code of conduct of legal
practitioners Act
5. To become a senior advocate of Nigeria, you must be consulted by the chief judge of that state or in rest
office of the applicant
6. To become a senior advocate of Nigeria, you must have good office that would be screened by legal
practitioners privilege committee
7. To become a senior advocate of Nigeria, you must have 29 contested celebrated cases and out of 29 cases, 4
cases must be from the Supreme Court, 5 cases from court of appeal and 20 cases from high courts
8. To become a senior advocate of Nigeria, you must able to mention at least 10 judges in order to give
testimony about your character and behavior
9. To become a senior advocate of Nigeria, you must able to mention 6 lawyers to testify to your testimony

17
 10. To become a senior advocate of Nigeria, you must have outstanding cases out of 29 cases which bring the
interpretation of the law. The critical Case of AWOLOWO V. SHAGARI
THE PRIVILEGES OR BENEFITS YOU ENJOY WHEN YOU BECOME SENIOR ADVOCATE OF
NIGERIA
1. There is money when you become senior advocate of Nigeria
2. To seat inner bar in a court of law
3. To call out their case out of list in a court of law
4. To wear silk gown in a court of law

E. LEGAL PRACTITIONERS REMUNERATION COMMITTEE

The law that regulates this provision was provided under section 15 of legal practitioners Act which designed the
minimum and maximum charge that a legal practitioner can charge his client for the litigation. See section 15(3) of
Legal practitioners Act;
(3) The committee shall have power to make orders regulating generally the charges of legal
practitioners and, without prejudice to the generality of that power, any such order may include provision
as to all or any of the following matters, that is to say-

MEMBERS OF LEGAL PRACTITIONERS REMUNERATION COMMITTEE

This is provided under section 15(1)(a-c) LPA;
15. (1) There shall be a committee, to be called the Legal Practitioners Remuneration Committee,
which shall consist of
(a) the Attorney-General of the Federation, who shall be the chairman of the committee;
(b) the Attorneys-General of the States; and
(c) the president of the association and three other members of the association

FUNCTIONS OF LEGAL PRACTITIONERS REMUNERATION COMMITTEE

1. They have right to control the budget
2. They have right to appoint NBA to different committees
3. They have the right of determining the agenda
4. They have the right to initiate practicing fee to be paid annually

F. NIGERIA BAR ASSOCIATION (NBA)

This is an association that is no established by the law but well recognized by the law. See the case of
Gani Fawemi . v. NBA, the case of Solomon v. Solomon
MEMBERS OF THE NIGERIA BAR ASSOCIATION
1. Full members: these are the members that studied law in Nigeria law school and call to the bar are called
full members of Nigeria bar association
2. Ordinary members: these are the members that studied law abroad and come back to Nigeria to practice
with the chief justices of Nigeria as either an advocate or solicitor. See the case of Awolowo v. Chief
justices
DUTIES OF LEGAL PRACTITIONERS (LAWYERS) to ;

18
 1. To his client
2. To the court
3. To the state
4. to his professional colleagues; AND

1. DUTIES OF LAWYERS TO HIS CLIENT

a. To take instructions of the client: As a legal practitioner, you owned duties to take the instructions of the
client and as a lawyer you can take instructions from your client house but the client to your professional
office to give the instructions. See the case sanusi lamido
b. Cab Rank Rule: it is duty of lawyers to accept the brief of the client. This rule serves as defense to
negligence for the lawyers because a lawyer doesn’t have right to choose a client. Lawyer is like
independent contractor then there is need to allow a lawyer to do his best, case of strauss v. francis. Note
that, this rule has nothing to do with the solicitor job. Police v. Allah na gani,

BUT THERE ARE SOME EXCEPTIONS FOR LAWYERS TO CHOOSE A CLIENT SUCH AS;
I. When the client will affect your families by way of defending him in a court of law
II. When there is a conflict of interest
III. When it goes against your religion beliefs
IV. When it end up giving a witness as lawyer
V. When it goes beyond the boundary of the law case of edoozien v. edozien.

THE CONFIDENTIALITY OF PRIVILEGE COMMUNICATION:

This is provided under the confidentiality rule to shows the relationships between the lawyer and clients.
Rule 6(a) of confidentiality of information provides that;
(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed
consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is
permitted by paragraph (b) of confidentiality rule.
THE EXCEPTION TO DISCLOSURE CLIENT INFORMATION INCLUDES THE FOLLOWING
1. Where laws or rules of professional conduct allow the lawyer to reveal the information
2. Where a statute allow such information to be reveal
3. Where the lawyer is trying to defend himself from the client problem
4. Where the offence has already been committed by the client, a lawyer has right to reveal.
Others exception was provided under rule 6(b) of confidentiality of information which includes;
a. to prevent reasonably certain death or substantial bodily harm;
b. to prevent the client from committing a crime or fraud that is reasonably certain to result
in substantial injury to the financial interests or property of another and in furtherance of
which the client has used or is using the lawyer's services;
c. to prevent, mitigate or rectify substantial injury to the financial interests or property of
another that is reasonably certain to result or has resulted from the client's commission of
a crime or fraud in furtherance of which the client has used the lawyer's services;

19
CONFLICT OF INTEREST
A lawyer is not permitted to allow his personal interest, property interest, financial interest to affect the
interest of his client. For example, where A lawyer happened to be a party in a particular case with his client, then
the best thing for the lawyer is to withdraw from the case where he realized that his personal interest will affect
the interest of his client.
Also, where a lawyer is going to serve as a witness for his client: although, a lawyer can serve as a witness
for his client but if the lawyer realized that, his going to serve as a witness from the first instance of the case then
such lawyer is not allowed but if he refused to do so, there is a punishment provided by legal practitioners
disciplinary committee
But note that, a lawyer may sent his junior counsel to serve as a witness on behalf of him in a court of law
in order to prevent self interest

A LAWYER TO WITHDRAW FROM A CASE:

A lawyer is not expected to withdraw from a case during the process of defending his client but a lawyer is also
allowed to withdraw from the case, if the case contradicted to his personal belief and personal interest.
Here are the Exceptions for lawyer to withdraw from a case;
1. Where client refuses to settle and discharge lawyer his professional fee that is entitled to under law, then
a lawyer can withdraw.
2. Where there is a conflict of interest between the lawyer and his client that is, one interest will affect
another interest, then a lawyer can withdraw
3. Where the lawyer as already started with the case and later realized that, he needs to withdraw because
of some reasonable reasons that will affect his interest then the law say he can withdraw. But the lawyer
can be paid in quantum meruit
4. Where the lawyer gives a reasonable reasons for withdrawing from the case
5. Where a lawyer gives some notice in writing for his withdrawing before the appearing in the court
6. Where the lawyer withdraw without the fault of the client, the law says, you are not entitled to your
professional practicing fees

CLIENT PROPERTY:
The client property comprises of tangible/intangible or movable/immovable property.
 As a lawyer, you needs to open separate account for his client
 To keep informing the client about the improvement of his account and property in order to show
honesty

FIDUCIARY RELATION:
This shows the absolute honesty or trust or fairness between the lawyer and his client in order to avoid
fraudulent behavior or criminal misappropriation. These are the ways of avoiding it;
1. The profit generated must be disclosure to his client
2. Any transaction must be in writing form in order to avoid mistakes
3. The instructions given by the client must be in a writing form

20
 STANDING BAIL FOR CLIENT SHORT
This is provided in rule 37(1) of rules of professional conduct
37.(1) Where a lawyer undertakes the defense of a person accused of a crime, he shall exert himself, by all fair and
honorable means, to put before the court all matters that are necessary in the interest of justice, but he shall not
stand or offer to stand bail for a person for whom he or a person in his law firm is appearing.
EXCEPTIONS FOR THIS, INCLUDES
 Where you are closed relationships with the client
 Where the judge ensure the lawyer to return of the accused person

2. DUTIES OF LAWYER TO THE COURT:

This was provided under section 30 and 31 of rules of professional conduct;
30. A lawyer is an officer of the court and accordingly, he shall not do any act or conduct himself in any manner
that may obstruct, delay or adversely affect the administration of justice.
31.(1) A lawyer shall always treat the court with respect, dignity and honour.
(2) Where the lawyer has a proper ground for complaint against a judicial officer, he shall make his compliant to
the appropriate authorities.
(3) A lawyer who fails to comply with any undertaking given by him either personally or on behalf of his client to a
court is prima facie guilty of professional misconduct.
(4) Except where the opposing lawyer fails or refuses to attend and the judge is advised of the circumstances, a
lawyer shall not discuss a pending case with a judge trying the case unless the opposing lawyer is present.
(5) Except as provided by a rule of order or court, a lawyer shall not deliver to the judge any letter, memorandum,
brief or other written communication without concurrently Delivering a copy to the opposing lawyer.
Other duties of lawyer to the court include the following;
1. To advise the court in order arrive to justice decision or to assist the court to arrive to justice
2. To avoid bad or harsh reply statement or bad mode of character to the court
3. To dress properly and decent to the court satisfaction when appearing before the court of law
4. To avoid extra judicial statements of the court when narrating to the press after the court, even though is
unethical to legal profession
5. To avoid personal relationship with the judges
6. To avoid discussing his client case with the judge in the absence of the opponent party

3. DUTIES OF LAWYERS TO THE STATE

The main duties of lawyer to the state are that;
 To make sure his compliance with the lawyers, should not go against the law
 To make sure that he advise his client not to break the law

4. DUTIES OF LAWYER TO THE LEGAL PROFESSION

This was provided under rule 26 of rules of professional conduct which says

21
26.(1) Lawyers shall treat one another with respect, fairness, consideration and dignity, and shall not allow any ill-
feeling between opposing clients to influence their conduct and demeanor towards one another or towards the
opposing clients
Such duties includes the following
1. A lawyer as a duty to expose any other lawyers with bad character or bad conduct in the profession
2. A lawyer as a duty to expose any other lawyers who owns the qualification of legal profession or enrolled
to the bar fraudulently.
3. A lawyer as a duty to expose any other lawyers who involved in examination misconduct.
4. A lawyer as a duty not to allow an unauthorized practice of law
5. A lawyer is not allowed to share his professional practice fees to anybody
6. A lawyer as a duty to accept brief against any lawyer who wrong his client
7. A lawyer as a duty to sign documents but is not allowed to sign any documents made by a layman

GENERAL DUTIES OF LAWYERS

1. Lawyer must treat his colleagues with utmost respect
2. Lawyer must struggle to avoid grudges or misunderstandings among the party
3. Lawyer must see themselves as friends and avoid bad utterances that can lead to serious
misunderstanding. Case of Re.Johnson
4. Lawyer has duty to keep promises and the promise must keep whether inside or outside the court
5. Lawyer as duty to avoid sharp practices
6. Lawyer has a duty to treat each and every members of the bar equally
7. Lawyer as duty to his opponent counsel by not allowing his ill-will to affect the client or opponent counsel
8. Lawyer as duty to avoid abusive language to his client, court, or colleagues
9. Lawyer as a duty to avoid the snatch of his colleagues client without any reason
10. Lawyer as a duty to avoid communication with the client of the opponent counsel.
11. HOLDING BRIEF: “Holding brief” is a kind of professional arrangement between two lawyers where
one lawyer is standing-in temporarily for other lawyer in a case until the other lawyer is available to
continue with the handling of his case personally. In the case of MFA V INONGHA (2014) NWLR (Pt.
1397)P. 343 AT 369 the court held on the effect of holding brief practice that “when counsel announces
appearance, whether as holding brief for another counsel or not, he is presumed to have full briefing and
authority to do the case…”

WHAT ARE THE CIRCUMSTANCES THAT MAKE A LEGAL PRACTITIONER TO ACCEPT HIS
COLLEAGUES BRIEF; (EXCEPTION)
1. A lawyer given the brief to his junior or colleague lawyer must be given within the adequate time in order for
him to study the brief.
2. A junior lawyer or his colleague must not accept brief unless it was given within the reason time

APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS

This is provided under section 318 of CFRN 1999 as amended;

22
• “Judicial office” means the office of Chief Justice of Nigeria or a Justice of the Supreme Court, the
President or Justice of the Court of Appeal, the office of the Chief Judge or a Judge of the Federal High
Court, the office of the Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the
office of the Chief Judge of a State and Judge of the High Court of a State, a Grand Kadi or Kadi of the
Sharia Court of Appeal of the Federal Capital Territory, Abuja, a President or Judge of the Customary
Court of Appeal; of the Federal Capital Territory, Abuja, a Grand Kadi or Kadi of the Sharia Court of
Appeal of a State; and a reference to a “judicial officer” is a reference to the holder of any such office;

REQUIREMENTS FOR THE QUALIFICATION OF JUDICIAL OFFICERS

-QUALIFICATIONS FOR SUPREME COURT: A person shall not be qualified to hold the office of Chief Justice of
Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has
been so qualified for a period of not less than fifteen years.

-QUALIFICATIONS FOR COURT OF APPEAL: A person shall not be qualified to hold the office of a Justice of the
Court of Appeal unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a
period of not less than twelve years
.
-QUALIFICATIONS FOR FEDERAL HIGH COURT, STATE HIGH COURT AND NATIONAL INDUSTRIAL COURT: A person
shall not be qualified to hold the office of Chief Judge of these Court unless he is qualified to practise as a legal
practitioner in Nigeria and has been so qualified for a period of not less than ten years.

-QUALIFICATIONS FOR SHARIA COURT OF APPEAL AND CUSTOMARY COURT OF APPEAL: A person shall not be
qualified to hold office of this court unless is a legal practitioner in Nigeria and he has been so qualified for a period
of not less than ten years.

-QUALIFICATIONS FOR MAGISTRATES COURT: A person shall be qualified to hold the office of magistrate court
immediately after he called to the Nigeria bar.

BODIES RESPONSIBLE FOR THE APPOINTMENT OF SUPERIOR COURT OF RECORD

-Federal Judicial Service Commission
-National Judicial Council
-National Judicial Committee
-Judicial Service Commission

FEDERAL JUDICIAL SERVICE COMMISSION

This was provided under the paragraph 13, third schedule, part 1. E of the CFRN 1999 as amended.
THE FUNCTIONS OF FEDERAL JUDICIAL SERVICE COMMISSION (FJSC)
13. The Commission shall have power to –
(a) advise the National Judicial Council in nominating persons for appointment, as respects appointments to the
office of –
(i) the Chief Justice of Nigeria;
(ii) a Justice of the Supreme Court;
(iii) the President of the Court of Appeal;
(iv) a Justice of the Court of Appeal;
(v) the Chief Judge of the Federal High Court;
(vi) a Judge of the Federal High Court; and
(vii) the Chairman and members of the Code of Conduct Tribunal.
(b) recommend to the National Judicial Council, the removal from office of the judicial officers specified in sub-
paragraph (a) of this paragraph; and

23
(c) appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the
Supreme Court, the Court of Appeal, the Federal High Court and all other members of the staff of the judicial
service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service
Commission.

THE MEMBERS OF FJSC

The Federal Judicial Service Commission shall comprise the following members;
a. the chief justices of Nigeria who shall be the chairman.
b) the president of court of appeal;
c) the attorney general of the federation.
d) the chief judge of federal high court.
e) two persons, each of whom has been qualified to practice as a legal practitioner in Nigeria for a period of
not less than fifteen years, from a list of not less than four persons so qualified and recommended by the
Nigerian Bar Association.
f) two other persons, not being legal practitioners, who in the opinion of the President are of
unquestionable integrity.

NATIONAL JUDICIAL COUNCIL

By the provision of Paragraph 21 of Part One of the Third Schedule to the 1999 Constitution of the Federal
Republic of Nigeria, as amended; The National Judicial Council shall have the power to:
Recommend to the President from among the list of persons submitted to it by - the Federal Judicial Service
Commission, persons for appointment to the Offices of the;
a. Chief Justice of Nigeria, the Justices of the Supreme Court
b. the President and Justices of the Court of Appeal,
c. the Chief Judge and Judges of the Federal High Court, and
d. the Judicial Service Committee of the Federal Capital Territory, Abuja;
e. the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja,
f. the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and
g. the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
h. recommend to the President of governor the removal from Office of the Judicial Officers.
i. collect, control and disburse all moniess, Capital and Recurrent, for the Judiciary;
j. The Secretary of the Council shall be appointed by the National Judicial Council on the
recommendation of the Federal Judicial Service Commission and shall be a Legal Practitioner.
k. Screening/Interview of Candidates/Judges/Justices for Judicial Appointments

MEMBERS OF NJC
By the provision of Paragraph 20 of Part One of the Third Schedule to the 1999 Constitution of the Federal Republic
of Nigeria, as amended. The National Judicial Council shall comprise the following Members:-
1. the Chief Justice of Nigeria, who shall be the Chairman;
2. the next most senior Justice of the Supreme Court who shall be the Deputy Chairman;
3. the President of the Court of Appeal;
4. five retired Justices selected by the Chief Justice of Nigeria from the Supreme Court or Court of Appeal;
5. the Chief Judge of the Federal High Court;
6. the President, National Industrial Court of Nigeria;
7. five Chief Judges of States to be appointed by the Chief Justice of Nigeria.
8. one Grand Kadi to be appointed by the Chief Justice of Nigeria
9. one President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria
10. five members of the Nigerian Bar Association who have been qualified to practice for a period of not less
than fifteen years,

24
 11. two person not being Legal Practitioners, who in the opinion of the Chief Justice of Nigeria, are of
unquestionable integrity

REMOVAL OF JUDICIAL OFFICERS

This was provided under section 292 of the CFRN 1999 as amended and the fifth schedule of
the CFRN 1999 as amended
292. 1. A judicial officer shall not be removed from his office or appointment before his age of retirement except in
the following circumstances-
a. in the case of-
i. Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the
High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital
Territory, Abuja and President of Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President
acting on an address supported by two- thirds majority of the Senate,
ii. Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a
State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the
State,
praying that he be so removed for his inability to discharge the functions of his office or appointment (whether
arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct; case of erulu
habib v. njc , hon. Justice nasiru ajana v. kogi state assembly
OR
THE FIFTH SCHEDULE, PART 1 (CODE OF CONDUCT FOR PUBLIC OFFICERS) PARAGRAPH
18(1)&(2)
18. 1. Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of
this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this
paragraph and such other punishment as may be prescribed by the National Assembly.
2. The punishment which the Code of Conduct Tribunal may impose shall include any of the following-
a. vacation of office or seat in any legislative house, as the case may be;
b. disqualification from membership of a legislative house and from the holding of any public office for a period not
exceeding ten years; and
c. seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

GROUNDS OR REASONS FOR THE REMOVAL OF JUDICIAL OFFICERS

1. MISCONDUCT: A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act
prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.
(paragraph 9 of fifth schedule, part 1) case A.G. Cross river v. Esin
2. BREACH OF CODE OF CONDUCT: such violation or breach includes failure to declare his assets, false statement in
the declaration or involving in private practice personal except where he is not employed on full time basis, engage
or participate in the management or running of any private business, profession or trade but nothing in this sub-
paragraph shall prevent a public officer from engaging in farming. (paragraph 2(b) of fifth schedule, part 1)
3. INABILITY TO DISCHARGE FUNCTION OF HIS OFFICE DUE TO INFIRMITY OF THE MIND OR THE BODY: This may
include insanity, physical disability or any other form of ailments which may prevent the judicial officers from
discharging his functions of his office. CASE OF HON. JUSTICE MARY ODILI

PROCEDURE FOR DISCIPLINE OF JUDICIAL OFFICERS

Complaints against judicial officers are usually sent to the national judicial council which is headed by the Chief
Justice of Nigeria in a written form. The National judicial council sets up a committee to investigate the allegation.
The judicial officer, against whom the allegation is made, must be notified in writing of the allegation and the
reasonable time to react to allegation, where the allegation is proved against the judicial officer, the National
judicial council shall recommend to the president or the governor as the case maybe, such judicial officer for
removal. Note that, a judicial officer is removed by only the two-third majority votes of members.
For the removal of judicial officers, the National judicial council may establish the following;

25
- watch list
- Made the recommendation on the removal of judge
- May suspend
- May banned such person

DISCIPLINARY ACTIONS AGAINST LEGAL PRACTITIONERS

The legal practitioner privilege committee is the body responsible for the punishment of the wrongful conduct or
misconduct of legal practitioners as it was provided under section 8 of legal practitioners Act. And by factual of
section 12 of legal practitioners Act, it extends to private lawyers.
12. (1) There shall be a committee to be known as the Appeal Committee of the Body of Benchers (hereafter in
this Act referred to as "the appeal committee") which shall be charged with the duty of hearing appeals from any
direction given by the disciplinary committee.
Section 8 of LPA provided for four different offences that a legal practitioner may be punish
1. INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT: where a lawyer is acting as a legal practitioner then
amounted or committed serious offence, the body that is responsible to punish such lawyer according to his
misconduct is legal practitioners privilege Committee. See the case of Re-idowu , NBA V EDU, Allison v. General
council for medical education and registration, NBA v Alabi
2. OBTAINING ENROLLMENT BY FRAUD: section 2(1) LPA says “Subject to the provisions of this Act, a person shall
be entitled to practise as a barrister and solicitor if, and only if, his name is on the roll.” If a person is fraudulently
enrolled, the LPDC has the power to order the register to remove and struck out the name of such person with
immediate effect
3. CONVICTED BY A COURT OF LAW IN NIGERIA OF AN OFFENCE WHICH IS INCOMPATIBLE WITH THE STATUS OF A
LEGAL PRACTITIONER: Any offence done under this act is a crime. The court must have the jurisdiction to try and
award imprisonment in all criminal offences.
4. CONDUCT NOT AMOUNTING TO INFAMOUS CONDUCT, BUT WHICH IS INCOMPATIBLE WITH THE STATUS OF A
LEGAL PRACTITIONER: This is an offence committed by a legal practitioner under a circumstance other than in the
pursuit of his profession. It is possible that the seduction of a client’s husband by an already married female legal
practitioner may constitute an offence

PROCEDING BEFORE THE LEGAL PRACTITIONERS PRIVILEGE COMMITTEE (LPPC)

FOR REMOVAL OF JUDICIAL OFFICERS
1. The complaint will be filed and sent to the one of the following members listed in the legal practitioner
privilege committee;
a. Chief justices of Nigeria
b. Attorney general of the federation
c. The president of court of appeal or the presiding justices of the court of appeal
d. The chief judge of high court of state, federal high court or federal capital territory
e. Attorney general of a state
f. Chairman or body of bencher
g. The president of Nigeria bar association
1. Such complaints must be sent to Nigeria bar association for investigation.
2. a copy of original complaint must be attached to the document forwarded with the report like affidavit.
3. The decision must be held in public.
4. oral testimony must be taken by each of the party either physically or any other means.
5. Each party must be given a prior notice of fear hearing as it was stated in section 36(6) of CFRN.
6. legal practitioners privilege committee chairman will constitute a panel.
7. the standard of proof of a charge is proof upon the preponderance of evidence or balance of probability.
8. if such person is not satisfied with LPPC judgment, then they can appeal to Supreme Court.

26
PUNISHMENT FOR PROFESSIONAL MISCONDUCT
1. To remove or strike off the name of such legal practitioners from the roll of legal practitioners kept by
registrar of Supreme Court.
2. To suspend the legal practitioner as maybe deemed by legal practitioner’s misconduct.
3. The legal practitioners maybe warn, admonish or caution for his misconduct.
4. The legal practitioner will be order to return such documents and fund in his possession which is meant
for the client within 24hrs and if he refused to do so within stipulated time, the LPDC will consider such
offence as infamous conduct. See the case of ojihgo v. NBA
5. Note that, the LPDC does not have the power to order the registrar of Supreme Court to remove a legal
practitioner for his misconduct which is incompatible to the status of legal practitioners but which is
infamous conduct in the professional respect.
Also note that, as a legal practitioner, if your name is removed from the list or roll of legal practitioners by the
chief registrar of Supreme Court, such person can re-apply for restoration for his enrollment back. See the case
of Abua v. LPDC (case of forgery). Abua re-apply to the Supreme Court of Nigeria in order for his name to
restore back to the list of legal practitioners. The first time for is apply is 1965, second apply is 1970 and for the
third apply in 1975 he makes a statement of regret for committing those offences convicted and in his favor,
the Supreme Court plead with his application and order the registrar of Supreme Court to restore his name
back to the legal practitioner lists.

JURISDICTION OF SUPREME COURT:

The Supreme Court has only two jurisdictions which were provided under section 232 & 233 of the CFRN as
amended. Such jurisdictions are;
1. Original jurisdiction and
2. Appellant jurisdiction
1. Original jurisdiction
232. 1. The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute
between the Federation and a state or between states if and in so far as that dispute involves any question
(whether of law or fact) on which the existence or extent of a legal right depends.
2. Appellant jurisdiction
233. 1. The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and
determine appeals from the Court of Appeal.
But note that, the Supreme Court usually entertained an appeal from the lower court which is known as appellant
jurisdiction.

This jurisdiction is made in respect of punishment given to legal practitioners by factual of section
13(1) of legal practitioners Act;
13. (1) Where it appears to the Supreme Court that a person whose name is on the roll has been guilty of
infamous conduct in any professional respect with regard to any matter of which the court or any other court of
record in Nigeria is or has been seized, the Supreme Court may if it thinks fit, after hearing any representations
made and evidence adduced by or on behalf of that person and such other persons as the court considers
appropriate, give such a direction as is mentioned in subsection (1) of section 11, and the direction shall take effect
forthwith; and except in the case of an admonition the court shall cause notice of the direction to be published in
the Federal Gazette.

DISCIPLINARY JURISDICTION OF CHIEF JUSTICES OF NIGERIA

The power that the chief justices of Nigeria has over the misconduct or infamous misconduct of legal practitioners
was slightly stated in section 13 (2) of legal practitioners Act;

27
(2) Where it appears to the Chief Justice that a legal practitioner should be suspended from practice, either with a
view to the institution against him of proceedings under this Act before the disciplinary committee or while any
such proceedings are pending, the Chief Justice may if he thinks fit, after affording the practitioner in question an
opportunity of making representations in the matter, give such direction as is authorized by paragraph (ii) of
subsection (1) of section 11; and in deciding whether to give such a direction in consequence of the conviction of a
legal practitioner, the Chief Justice shall be entitled to disregard the provisions of subsection (5) of that section.

WRITTEN BY:
M.M. MUKTAR (BMB. APART)
BEST OF LUCK .

28