Yet another attempt to restore the Bar, Bench’s lost glory

The need to ensure a better legal profession in Nigeria, recently necessitated the setting up of  the NBA Legal Profession Regulation Review Committee by the  Abubakar Mahmud SAN-led executive.VIVIAN OKEJEME reports that this could not have come at a better time than now.

In view of recent happenings and the deteriorating condition of the legal profession in the country, concerns have been raised by the stakeholders, especially, notable leaders in the profession.
Such concern was echoed by the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, who advised the legal practitioners to imbibe the culture of self-discipline and mutual respect to ensure better judiciary in country.

The CJN made the call when he played host to the Nigeria Bar Association, led by its President,  Abubakar Mahmud, SAN. The meeting also  highlighted issues that  affecting the judiciary in the last few months and also seized the opportunity to notify the CJN on the need to set up a legal team to address criminal justice system in the country, the standard of legal education, as well as cases bordering  on the  Supreme Court Justices.

Other issues also raised include; the appointment of Justice Onnoghen as substantive CJN. On this, the NBA notes with concern the delay in the appointment of a substantive CJN in Nigeria, and  promised to pay a visit to  President Muhammadu Buhari to impress on him the need to rectify immediately the recommendation of the NJC in appointing  Onnoghen as the substantive CJN.
Coming to the issue of corruption in the judiciary that was also discussed at the parley, the CJN asked rhetorically, who is corrupting who? Why are issues of corruption escalated immediately after election? He admonished lawyers to be cautious in condemning the entire judiciary for corrupt practices, reiterating that the bad judges should be fished out and punished.

When the issue relating to the Bar and Bench relationship came up, the CJN described the  two as Siamese twins. He insisted that the relationship should be based on mutual respect and understanding, stressing that the judiciary cannot get the desired respect and confidence of Nigerians if the Bar does not support and respect the Bench.
He further stated that it is very disheartening that some lawyers now commit contempt ex-facia curia (in the face of the court) with impunity. “You cannot send a child to go and fetch fire in a neighbours’ house and at the same time start praying for rainfall.  If the Bar disrespects the Bench, it is destroying the entire legal profession,” he stated.

On reforms of the NJC,  it was discussed that as the executive arm of the judiciary; NBA members should participate fully in all NJC’s activities, including hearing of petitions against judges. It was also agreed that  the CJN should support the removal of all constitutional impediments disabling the Bar from full participation. The corporate and financial governance of the NJC should be strengthened, made transparent and public-friendly.
Another issue on the front burner is the falling standard of law practice. There was a recommendation that the entry qualification to study law should be 2nd Degree. According to them, Law school contributes little to the training of lawyers because before a student gets to the law school, his character traits would have been fully developed. The legal profession should be for the best brains.

Justice Onnoghen assures them that the bench is ready to cooperate  with the Bar to ensure discipline and mutual respect to the judiciary.
All these culminated in the recent setting up of the NBA Legal Profession Regulation Review Committee, headed by Chief Anthony Idigbe, SAN, to restore the lost glory of the profession, which, lawyers believe, is fast waning.
During the inauguration, the NBA President admitted that the legal profession in Nigeria is facing a plethora of challenges, which must quickly be addressed to maintain high standards and remain relevant in the increasingly globalized legal services industry.

Of  particular concern, Mahmud said, is the regulation of the legal profession in Nigeria, which encapsulates admission to the Bar, legal education/Continuing Professional Development, legal services, and professional conduct and ethics.
To the NBA president, there have been growing concerns over the past decade or so about the falling standards in the legal profession which have been expressed among the Bench, Bar, and also by public.
“We have high rates of unauthorized practice of law, weak and inadequate statutes, weak legal, institutional and regulatory regimes for the legal profession in Nigeria, low level of compliance with the rules of professional conduct, poor and incompetent delivery of legal services to client, lack of client care, corruption, and threats occasioned by globalization of legal services.

“With the globalization of legal services and the onslaught of the internet, entry barriers to foreign practice are increasingly difficult to enforce, particularly for developing jurisdictions like Nigeria. Large corporations in Nigeria now import legal services from big international law firms, without regards to our law as to municipal licensing.
“Every year, legal work worth millions of dollars is firmed out to foreign Law Firms. I believe that the time has come not only to protect our work and stop encroachment by others, but also to open horizons of opportunities of legal work that will result in enhanced income for our members and expand our legal practice.
“This poses enormous challenge for which we are scarcely prepared at the moment. We must work towards controlling and minimizing foreign invasion”, he said.

Some of the challenges listed above make it extremely difficult to regulate the legal profession in Nigeria especially as these problems have remained unaddressed for decades,” he noted.
To the NBA, the major task of the Bar should be in enhancing its standards at both the professional and ethical levels, and ensuring that bad eggs do not find sanctuary in its ranks.
The association expressed worry over the falling standard of the profession, adding that it is largely as a result of indiscipline and the fall in the standard of education in the country generally.

Continuing, the NBA boss said,  “The Nigerian Bar Association is worried about the deteriorating professional standards in the legal profession.
“We are concerned that for too long the relevant and appropriate authority failed or neglected addressing the issues of regulatory gaps and challenges that are daily militating against the regulation of the legal profession in Nigeria. It is one thing to identify what the challenges are; it is another way to tackle the challenges headlong with a view to providing solutions.

“The NBA has decided to tackle these challenges. The NBA is now more determined to play a major role in ensuring a better regulated legal profession in Nigeria. We believe that the first step is to provide a platform to discuss and interrogate the current regulatory regime and come up with recommendations on the way forward.”
Without doubt, this latest decision at reforming the profession could not have come at a better time than now. But the question is; will this not go the way of past efforts?

The NBA has decided to tackle these challenges. The NBA is now more determined to play a major role in ensuring a better regulated legal profession in Nigeria. We believe that the first step is to provide a platform to discuss and interrogate the current regulatory regime and come up with recommendations on the way forward